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HomeMy Public PortalAboutORD10301 BILL NO. 84-140__ SPONSORED BY COUNCILMAN HEQUEMBOURG ORDINANCE NO. /0 301 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH SPECIALTY SEWER SERVICES, INC. FOR THE REHABILITATION OF SANITARY SEWER MANHOLES AND LINES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Specialty Sewer Services, Inc. , for the rehabilitation of sanitary sewer manholes and lines for the sum of $24,950.00. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed �� ��' Approved M res ' ing Offic.Ar rDoyorl ATTEST: City. Jerk TVUS "EEMENT, ma& and concluded this JS2 day of r► 19t by and between _. SPECIALTY SEWER SERVICES, IN. hereinafter called the "Contractor," and the City of Jefferson, Missouri, hereinafter called thc! *City." TOD E.SSETH, THAT, whereas the Council of the City of Jefferson by Orclfirance adopted at a meeting held on OCTOBER 15, , 19 84 and by virtue of authority vested in said Ccluncil, has awarded to the Contractor the work of perfornsing certain construction. NOW, 7'EiEft-FORE, the Contractor and the City, for the consideration hereinafter named, agree as follows: e ..Article 1. SCOPE OF THE W)Rr,: The Contractor shall furnish alll, materials, tools, equipment, labor, and everything necessary to perform, and shall perfoxnn, in accordance with the Specifications and terms of this Contract, the work of rehabilitation and repair of manlrnl.es and sever lines for the City of Jefferson, Missouri. The Ovmer shall ham representatives at the site as he racy decide during the construrtton to observe the work in progress. Article 2. TIME CAF' COMPLETION: Construction tnek must began within ten (10) days after written notice to do so shall have been given to the Contractor and shall be carried on at a rate to secure its full --mplet:i.on within s Ay (60) calendar days. t IYEM )CPIONS F DR Wr C OMPLETIM CN TIME If the contract York in not Fully conpleted according to the terms of the Contract within the time limit herein stipulated, subject to such exten- sions as may be granted, it. is .agreed that the City will be damaged thereby. The amount of said damages, exclusive of expense for surveillance and obser- vation of construction Ming d lficul.t, if not impossible of definite ascertainment, it is hereby agreed that the amount of such damages, both liquidated and fixed, shall be estimated and agreed upon in advance, and they are hereby agreed upon in the amount of Fifty Dollars ($50.00) for each calendar day elapsing between the .expiration of such time limit as herein provided for, plus such extensions as may be grant(-A, and the date of full cmpletion. The obligations of the Bonds given by the Contractor, as herein required, :shall include the pant of the liquidated damages provided for and agreed upon in this paragraph. AM C-1 Where any dedtx<tions Fran or forfeitures of payment it-a connection with the cork on this Contract are duly and properly declared or inposed against the Contractor, In accordance with the terms of this Contract., State laws, or ordinances of tl-*-- City, the total armunt thereof may ben withheld from any money whatsoever due or to become due the Contractor under tive Contract, and when deducted, shall In dog and taken as payment in such acrsount. Article 3. MV'I'I ACT' PRICE: The City shall pay to the Contractor for the pexfox1rance of the work the Total Hid Price of — twent our thousand nine hundred and fifty Dollars and,- no Cents. ($_24 . 950:00 _. Article 4. PAYMENTS TO MUPR =R:. a. On coripletion- and acceptance of the work, payment will be made in full, less authorized deductions. b. Prior to substantial coupletion, the Owner, with the concurrence of the Contractor, may use any completed or substantially 'cunpleted portions - of the Hark. Such use shall not constitute an acceptance of such portions of the work. c. The Owner shall have the right to enter the. premises, for the pur- pose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the Contractor of the sole responsibility for t1n care and protection of the work; or the restoration o£' any dan-aged work except such as may be caused by agents or apployees of the Omer. d. The Contractor wild. indemnify and save the Owner or the Owner's agents harmless fran all claims growing out of the lauful demands of sub- contractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at t-.he Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor fails to do so, the Owner may, after having notified the Con- tractor, either pay unpaid bill--; or withhold from the Contractor's unpaid compensation a sum until satisfactory evidence is furnished that all liabilities have been fully dischargers, whereupon payment to the Contractor shall be resumed, in accordance with the terns of the Contract Documents, but in no event shall the provisions of this sentence: be construed to impose any obligations upon the C►mer to either. the Contractor, his Surety, or any third party. In paying any unpaid bills of the Con tractor_, any payment so made by the 04ne=x shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. C-2 Article S. GUARAMM The Contractor and his Surety hereby excpxessly grantee the afore- said work as to wmft iship and cpmlity of c-terials used in connection therewith, for a term of one (1) year, mmmicing on the date of acceptance of the work or improvements, and biatds himself, his succes3ors, or assigns to make all repaixs and replacements which my beccm necessary within that time due to nonsanfox:mity with the Specifications. Whenever notified by the City that said replacemnts are recfxired, the Contractor shall, at once, neake the same as directed, and at his own e,.W mse. If the Contractor does not proceed with such replace nts within thirty (30) days of receipt of written notice, then the City shall have the purer to cause the same to be made and to charge the cost thereof to the Contractor.. Nothing in this section is intended as a rxaaintentmice guarantee. Article 6. THE CX31 IRWP t'XXAMM: The Advertisemnt, Information for Bidders, General Conditions, Special Conditions, the Specifications, including Addenda to the Proposal, together with this Aunt, fcmn the Contract. _ (Contractor) 000NTERSICNED: 342 BROOKES DRIVE (Address) w HAZ ELWOOD, MO 63042 ,.� .. CITY OF JEFFERSOPrm MI S URI_ (Owner) ) 320 East McCarty Street AT/17F: 04dress) Jefferson City, MO 65101 BY = . C-3