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HomeMy Public PortalAboutORD08093 BILL NO. / Q y INTRODUCED BY COUNaLMAN, AJg�� J, " Y ORDINANCE NO. E013 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A WRITTEN CONTRACT WITH FORREST CAPPS & ASSOCIATES, OF JEFFERSON CITY, MISSOURI, RELATING TO THE INSPECTION OF A POLLUTION ABATEMENT PROJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk of the City are hereby authorized and directed, for and in the name of the City, to execute a written contract with Forrest Capps & Associates of Jefferson City, Missouri, relating to the inspection of a Pollution Abatement Project of the City, to be constructed on city property in Callaway County, Missouri. Section 2. Said Contract for Inspection shall read in words and. figures as follows: 12-5-68 REVISED DRAFT CONTRACT FOR INSPECTION THIS AGREEMENT, made th., , of Dct--efq' ; 3.9 4r fty and between the CITY OF JEFFERSON CITY, MISSOURI, hereinafter called the Owner, and FORREST CAPPS & ASSOCIATES, 1326 W. Dunklin Blvd. , JEFFERSON CITY, MISSOURI, hereinafter called the Inspector, WITNESSETH, THAT WHEREAS, the Owner intends to construct a Pollution Abatement Project in Jefferson City, Missouri. NOW THEREFORE, the Owner and Inspector for the consideration hereinafter named agree as follows: The Inspector agrees to perform for the above named Owner professional services in connection with said pollution Abatement Project as hereinafter set forth: 1. INSPECTION AND SUPERVISION SERVICES The Inspector will guard the Owner against defects and defi- ciencies in the work of contractors, but he does not guarantee the per- formance of their contracts . The Inspector agrees to perform daily inspection and supervision when work in being performed to determine the adequacy of construction and to insure the intent of the drawings and specifications . This may be done by the Inspector or a competent employee of the Inspector who will be enpowered to act for him in all matters in his absence. the Inspector further_ agrees to coordinate the work with the Owner and Engineer, record and furnish to Engineer all changes in Location of buried or covered work to facilitate their preparation of "as-built" drawings, keep accounts of the work performed and payment made therefor, and conduct the general administration of the business. 2. WORK BEYOND THE SCOPE OF THIS AGREEMENT The following items represent work and/or costs which are not done or paid for as a part of this agreement: a.. Checking of shop drawings and materials. b. Preparation of record of "as-built" drawings. c. Supervision of the start of operation or the testing or tune-up of equipment. d. Furnishing and cost of survey parties including stakes and supplies .required during supervision of construction. e. Property. boundary or right-of-way surveys. f. Design or drafting necessitated by change orders of discrepancies in plans and specifications. g. Furnishing and cost of equipment and supplies for per- forming test work. r a . EXPENSES The Inspector is to bear all costs of transportation, living and all other expenses incurred by him and his assistants while in the &ftdischarge of any duties connected with the work, except where specific provision is made otherwise in this Contract. Owner shall bear all costs of transportation, living and other expenses incurred by Inspector for offsite inspection of materials and workmanship at mills, shops, plant, etc. No offsite inspection will be made by the Inspector with- out written request from Owner for same. 4. COOPERATION The Inspector agrees to perform his services under this contract in such a manner and at such times as will enable any prime contractor who has work to perform or contracts to execute in or about the premises to complete the same at the proper time without hindrance. The Inspector shall keep the Owner informed as to the progress of the work, and shall make any reports relative to the work which may be ,�cequired by the Owner. ® 5 . The Owner agrees to pay the Inspector for his services a fee of Twelve Hundred Dollars ($1200.00) per month for the duration of the ,project, except where specific provision is made otherwise in this contract. The effective date for commencement of work shall be the 22nd day of November 1968. Termination of the work on the project shall be at that time when all items of work are completed and the certificate of final acceptance is delivered to the Owner. Should a delay in con- struction occur, inspection, supervision and payment therefor will be suspended until such time as construction resumes . A delay in con- struction shall be interpreted as being a period of fifteen (15) con- secutive calendar days in which no construction work is performed. If after the work has been substantially completed and full completion 19thereof is materially delayed through no fault of the contractor, the 0wner may upon seven (7) days written notice to the Inspector suspend his services . Work shall be resumed by the Inspector within seven (7) days after the date fixed in a written notice from the Owner to the Inspector to do so. Payment to the Inspector for those months where delays in con- struction occur shall be made on a prorated basis deducting payment for those consecutive calendar days immediately following the fifteen (15) consecutive calendar days defined herein as a delay of construction from the total monthly fee as herein agreed upon. No deductions shall. be made from the Inspectors fee on account of penalty, liquidated damages, or other sums withheld from payments to contractors . 6. Payment to the Inspector for the amount of his fee or that pro- Orated protion to which he is entitled shall be made on the first day of the month following the month for which payment is to be made. I I r A -7 SUCCESSORS AND ASSIGNMENTS The Owner and the Inspector, each binds, himself, his partners, uccessors, executors, administrators, and assigns to the other party o this agreement, and to the partners, successors, executors, ad- ministrators and assigns of such other party in respect of all con- venants of this agreement. Except as above, neither the Owner nor the Inspector shall assign, sublet or transfer his interest in this agreement without the written consent of the other. This agreement constitutes the only contract between the Owner and the Inspector, a d is deemed complete and full within itself. Dated this day of �'�'h1�P�1968, IN WITNESS WHEREOF the parties have executed this contract the date and year first above written. APPROVED: CITY VE ERSON 'WDated- By:FO E TT CA PS &�JASSOCIATES DATED: By: i 1 h f:. t 1 Section 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed Approved P&9ident of the CoiVcil Mayor Attest City Clerk i , J - i r s ` i 1