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Home My Public Portal AboutORD10372 `e BILL NO. SPONSORED BY COUNCILMAN - - /� i'� ORDINANCE NO. 1037Z- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH JAMES BRIEDWELL, d/b/a, BRIEDWELL LANDSCAPING, FOR LANDSCAPE MAINTENANCE AND REPLACEMENT PLANTINGS. 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 James Briedwell, d/b/a/ Brie.dwell Landscaping, for landscape maintenance and replacement plantings for the Thomas E. Whitecotton Law Enforcement Center and the John G. Christy Municipal Building for the sum of $7, 146.00. 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: - - -- r Sidi g off icer "or ATTEST: City Clerk l CONTRACT FOR LANDSCAPE MAINTENANCE AND REPLACEMENT WORK This Contract is made and entered into this 1985, by and between the City of Jefferson, Missouri (City) , and James Briedwell, d/b/a Briedwell Landscaping (Contractor) . WHEREAS, the City. Council of the City of Jefferson, Missouri, did on the day of , 1985, award to the Contractor the bid for landscape maintenance and replacement plantings at the Thomas E. Whitecotton Law Enforcement Center and the John O. Christy Municipal Building. NOW, THEREFORE, for and in consideration of the awarding of this Contract and the work thereunder by City to the Contractor, the Contractor does hereby contract and agree to do and perform said work, above specified and referred to, for the following prices and to accept in payment therefor in the following manner: A. For Maintenance. At the end of each two (2 ) month period the Contractor shall submit a statement to the City specifying the amount due and that the maintenance has been performed for the two (2) preceding months. On receipt of the statement the City shall pay to the Contractor a sum of $1, 387 .50 which is one-fourth of the 4 contract amount of $5,550.00 for this service provided that the maintenance services have been performed in a satisfactory manner. ' I B. For Replacement Plantings. The Contractor' s bid price of $946.00 is the maximum amount 'to be paid for the satisfactory completion of the work described in the Replacement Plantings section of the specifications. Ninety (90% ) percent of the Contractor's bid price for the materials which are to be installed in the Spring of 1985 shall be due and' payable when the plant materials , lawns, and other materials specified have been installed in accordance with the Plans and Specifications. 1 -2- The final ten ( 10%) percent for materials which are to be installed in the Spring of 1985 shall be due and payable at the end of the guarantee period following final inspection and acceptance by the City. D. For Bid Alternates: The following amounts will be due and payable in full upon the satisfactory completion of each of the following work items: 1. Concrete under fence as described in Specification Part 3 .B. Maximum amount to be paid is $250 .00 . 2. Trap Rock as described in Specification Part 3 .C. I Maximum amount to be paid is $250.00. 3. Sprinkler head concrete work as described in Specification Part 3 .D. Maximum amount to be paid is $150.00. E. Statements Every payment shall be subject to receipt of a statement from the Contractor which specifies the amount due and payable under the terms of this contract. F. The total sum to be paid under this contract is an amount not to exceed $7, 146.00. It is agreed and understood by the parties hereto, -that this Contract is entered into subject to all existing ordinances of the City pertaining to the work awarded and subject to the plans and specifications on file in the office of the City Clerk, and which shall be considered a part of this Contract; that all questions arising as to the proper performance of this contract II, of such work in accordance with the plans and specifications therefor shall be decided by the Director of Planning and Code Enforcement of the City f Jefferson Missouri or b such Y y' competent person appointed by the Mayor and the City Council of the City of Jefferson to supervise and superintend said work in the place of and instead of such Director of Planning and Code Enforcement that in the case of maintenance or planting, the City reserves the right at any time to suspend, relet or order an AM DPI � •.. r i r -3- entire reconstruction of the work; that the Contractor agrees to commence work on or before a date to be specified in a written "Notice to Proceed" and to fully complete the replacement work by May 1, 1985. The City reserves the right at any time to suspend, relet or order an entire reconstruction of the work awarded and to declare the contract forfeited, but such suspension, reletting or reconstruction or forfeiture shall not affect the right of the City to recover all damages and penalties accruing or due it by reason of the Contractor's noncompliance with this Contract. Liquidated damages of One Hundred Dollars ($100 ) per day will be assessed against the Contractor for each day the replacement work remains incomplete following the completion date or extension thereof. The City retains the right of extending this contract from year to year to a maximum of three ( 3) years with the vendor. Increases, if any, may be requested by the vendor and negotiated with the City each year, sixty ( 60 ) days prior to the contract termination. Renewal shall be conditioned upon availability of funds. Contractor agrees to completely indemnify and hold harmless the City for any and all damages, injuries, ' actions, costs, attorney' s fees and all other expenses whatsoever, arising out of the performance of said work whether the property or persons damaged are the servants and employees of the Contractor or third parties, in no manner connected with said work. All interli.neations, corrections, deletions and changes herein have been prior to the execution of this Contract. Contractor shall procure and maintain during the life of this contract: ( 1) Workman's Compensation Insurance for all of its employees to be engaged in work under this contract. 2 Contractor's Liability Insurance in the amount ( ) Contra � Public a not less than $800,000 for all claims arising out of a single occurrence and $100, 000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workman' s Compensation Law, Chapter 287, RSMo. , t and Contractor's Property Damage Insurance in an amount not less than $800, 000 for all claims arising out of a single occurrence and $100,000 for any one person in a single accident or occurrence. _4_ ( 3) Automobile Liability Insurance in a amount not less than $800,000 for all claims out of a single occurrence and $100,000 for any one person in a single accident or occurrence. (4 ) Owner's Protective Liability Insurance. The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured in an amount not less than $800,000 for all claims arising out of a single occurrence and $100,000 for any one person in a single accident or occurrence. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. .(5 ) The Certificate of Insurance furnished to the City showing proof of compliance with these insurance requirements shall contain a provision that coverage under such policies shall not be cancelled or materially changed until at least fifteen ( 15 ) days prior written notice has been given to the City. IN WITNESS WHERE/ the partie-s have hereunto set their hands and seals this day of CITY OF JEFFERSON, MISSOURI By ��L� Ma#br ATT T: Cit Clerk B 'EDW LL LANDSCAPING B ATTEST: