Loading...
HomeMy Public PortalAboutORD10997 BILL NO. 87-190 ® SPONSORED BY COUNCILMAN HALSEY ORDINANCE N0. 10997 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LINSENBARDT ELECTRIC MOTOR SERVICE FOR THE SERVICE AND REPAIR OF ELECTRIC MOTORS FOR THE CITY OF JEFFERSON. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute an agreement with Linsenbardt Electric Motor Service for the service and repair of electric motors for the City of Jefferson for a sum not to exceed $25,000.00. Section 2. The contract shall be substantially the same in form and content as that agreement 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 7X.M-J ?) /9'n Approved resid Officer ayor ATTEST: �(�j City Cle k AGREEMENT ® This Agreement made and entered this day ofQjf� , 1988, by and between the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as "City, " and Linsenbardt Electric Motor Service, hereinafter referred to as "Contractor. " WHEREAS, Contractor is willing to enter into this Agreement with respect to his employment and services upon the terms and conditions herein set forth. NOW, THEREFORE, be it agreed as follows: 1. Scope of Work. It is agreed and understood by the parties hereto that the work performed under this contract will be inspected by the City or its appointed representative, and the City reserves the right at any time to suspend or order the correction of work performed and to declare the contract forfeited for reasons of non-compliance of this contract. The work to be performed shall be as follows: A. Contractor will provide motor repair service to all of the approximately two hundred (200) electric motors in operation in the City government, ranging in sizes from one-half horsepower to four hundred horsepower. B. Contractor will provide pickup and delivery service at no additional charge. Where it is feasible, the City will deliver the motor or motors to the Contractor' s dock with all explanation of repairs needed. Since the repairs are usually of an emergency nature, Contractor must respond within twenty-four (24) hour period. Repairs shall be completed within a forty-eight (48) hour period. Should a repair take longer, it shall be the Contractor ' s responsibility to contact the using department of the problem. When necessary, the Contractor shall be required to make in field service repairs when it is determined that the motor cannot leave the facility. C. All repairs shall be guaranteed to be of the highest quality and warranted for a period of one ( 1 ) year for both parts and labor . All work shall be done to the motor manufacturer's specifications. In the event that the repair services are found to be defective, the City reserves the right to make the necessary changes or corrections and return defective parts to the Contractor at the Contractor's expense. The cost of any changes or corrections due to contractor' s error, mistake, or oversight shall be charged to the Contractor. If the Contractor fails to render prompt service, the City may terminate the Contract, and will be liable only for those services already authorized by the City. 2. Material and Labor. Contractor shall provide all necessary materials and labor to repair electric motors. Labor shall be charged at the following rates: a. Straight time at $12.00 per hour in shop and $18.00 per hour in field. b. Overtime and Sundays and Holidays at $18.00 per hour in shop and $25.00 per hour in field. 3. Contract Period. This Contract will be in effect for a period of one (1 ) year from March 1, 1988, to April 30, 1989, with an option to extend an additional two (2) years negotiable each year. Negotiations shall be ninety (90) days prior to the completion of the contract. 4. Maximum Amount of Contract. Contractor shall not perform more than Twenty-five Thousand Dollars ($25,000.00) of work in one year without first obtaining consent of the City Council or City Administrator, whichever is appropriate. 5. Payment. Payment shall be made to Contractor by City upon submission of an itemized statement. 6. Indemnity. Contractor agrees to indemnify and hold harmless the City for any and all damages, injuries, actions, costs, attorney's fees and 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. 7 . Insurance . Contractor agrees to obtain and maintain throughout the term of this contract A. Workman's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Contractor's Public Liability 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, except for those claims governed by the provisions of the Missouri Workman's Compensation Law, Chapter 287 , RSMo, 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. C. The Contractor shall, at its own expense, either have the City listed as an "additional insured" on all policies required by this Contract, or obtain separate policies listing the City as the "insured" for the same amounts of coverage as required for the Contractor. The contractor shall furnish the City with certificates of insurance . showing the coverage required by this contract. Certificate of Insurance must be provided to the City prior to contract signing. D. The Certificates 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 canceled or materially changed until at least fifteen days prior written notice has been given to the City. 8. Failure to Perform. Should Contractor fail to provide services as set forth pursuant to this Contract, or fail to meet any of the Contract provisions, this Contract may be cancelled at the sole option of the City upon giving ten (10) days' written notice to Contractor. 9. Cancellation. This Contract shall be subject to cancellation by the City with or without cause at any time following thirty (30) days notice. 10. Notices. All notices, consents, authorizations, requests and statements hereunder shall be deemed to have been properly given if delivered by hand or mailed by first class United States mail, postage prepaid, if to the owner to 320 E. McCarty, Jefferson City, Missouri 65101, and if to the Contractor to 809 Jefferson, Jefferson City, Missouri 65101. IN WITNESS WHEREOF the parties hereto have set their hands and ® seals on the day and year first above written. CITY OF JEFFERSON, MISSOURI By May ATTEST: City Clerk CONTRACTOR c By ATTEST: Secretary