The URL can be used to link to this page

Home My Public Portal AboutORD09083 r BILL No. INTRODUCED BY COUNCILMAN ,�� ORDINANCE NO. 8.3 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING . t THE MAY AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH Big Wheels , Inc. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: `4 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 Big Wheels , Inc. for the purchase of A sewage sludge application vehicle for the sum of $44 ,586. 00 SECTION 2 . A copy of said contract is attached hereto. SECTION 3 . This ordinance shall take effect and be in force from and after its passage and approval . Passed: _ /_ Irs �I�_ Approved: Pr ident of t e cil May r ATTEST: City C1 k Y 9 � CONTRACT AGREEMENT THIS AGREEMENT, made and concluded this ,�_ day of 19?f , by and between BIG WHEELS,__INC. herein called the "Contractor," and the City of Jefferson, Missouri, hereinafter called the "City." WITNESSETH, THAT, whereas the Council of the City of Jefferson by Resolution adopted at a meeting held on January 16 , , 19 78 , and by virtue of authority vested in said Council, has awarded to the and the work of furnishing certain equipment. NOW, THEREFORE, the Contractor and the City, for the consideration hereinafter named, agree as follows: Article 1. SCOPE OF THE WORK: The Contractor shall furnish a Sewage Sludge Application Vehicle in accordance with the Specifications and terms of this Contract, for the City of Jefferson, Missouri. Article 2. TIME OF COMPLETION: The equipment shall be delivered to the Water Pollution Control Plant, Jefferson City, Missouri within one hundred twenty (120) calendar days after receipt of the Notice To Proceed. DEDUCTIONS FOR NOT COMPLETING ON TIME If the equipment is not delivered fully complete according to the terms of the Contract within the time limit herein stipulated, subject to such extensions as may be agreed to by the City, it is agreed that the City will be damaged thereby. The amount of said damages, being difficult 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 Twenty Five Dollars ($25.00) for each calendar day elapsing between the expiration of such time limit as herein provided for, plus such extension as may be granted, and the date of full com- .pletion. The obligations of the Bond given by the Contractor, as herein required, shall include the payment of the liquidated damages provided for and agreed upon in this paragraph. Where any deductions from or forfeitures of payment in connection with the work on this Contract, are duly and properly declared or imposed against the Contractor, in accordance with the terms of this Contract, State laws or ordinances of the City, the total amount thereof may be C-1. withheld from any money whatsoever due or to become due the Contractor under the Contract, mid when deducted shall be deemed and taken as payment in such amount. ® Article 3. CONTRACT PRICE: The City shall pay to the Contractor for the performance of this Contract subject to any additions or deductions provided therein, the lump sum of forty-four thousand five hundred eighty-six Dollars and no cents Cents ($ 44 , 586 . 00 ) for furnishing the equipment in accordance with the Base Bid modified by Option(s) #2 of the Proposal. Article 4. PAYMENT TO CONTRACTOR: Upon delivery and acceptance of the equipment, the City shall issue a certificate attached to the payment request that the equipment has been accepted under the conditions of the contract documents. The entire balance found to be due the Contractor, except such sums as may be lawfully retained by the Owner, shall be paid to the Contractor within thirty (30) days of completion and acceptance of the work. The Contractor will indemnify and save the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and fur- nishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the 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, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of the contract documents, but in no event shall the provisions of this sentence be construed to impose any obli- gations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner 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. If the Owner fails to make payment thirty (30) days after issuance *of the certificate, in addition to other remedies available to the Contractor, there shall be added to each such payment interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the Contractor. C-2 e�:!'3l�+�..}w�':�33a_` .� ._..1:..:•^. .r.t]+^ � .�:-�• � �1"'•�.r.i�..dliSt.�.•r�dti:'.N►.ilv...e,.r•w.•�y�..r�.f.+t..i.'!e�^.Y,-.�wewMewi�"is�.�.w.�.►�� re+7..�iar► Article 5. GUARAN'rEi..: The Contractor and his Surety hereby expressly guarantee the aforesaid work as to workmanship and quality of materials used in connection therewith, for a term of one (1) year, commencing on the date of acceptance of the equipment, and binds himself., his successors or assigns, to make all replacements which may become necessary within that time due to nonconformity with the Specifications. Whenever notified by the City that said replacements are required, the Contractor shall, at once, make the same as directed, and at his own expense. If. the con- tractor does not proceed with such replacements within five (5) days of receipt of written notice, then the City shall have the power to cause the same to be made and to charge the costs thereof to the Contractor. Nothing in this section is intended as a maintenance guarantee. Article 6. THE CONTRACT DOCUMENTS: The Advertisement, Information for Bidders, the Specifications, including Addenda Nos. , , and , the Proposal, and . Bond, together with this Agreement, form the Contract. Big Wheels, Inc. ® (Contractor) Big Wheels , Inc. P-0-Box 113, Paxton, IL 60957 (Address) COUNTERSIGNED: Richard B. Jewe 1 - Secretary 1 By is Shap an ( �' (owner) ityJof a rson, Missouri �Z , i ( ess Je f fers i.ty, i.ss uri ATTEST: argar t risti.an ayor Ro eft Hyder City Clerk C-3 Done in quintuplet radr Bond No. 99 41 56 PERFORMANCE BONI) KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned of BIC WHEELS, INC. (hereinafter called the "Principal"), an *l.ndividual, partnership, or corporation, duly authorized by law to do business in the State of Missouri and of Insurance Company of North America (hereinafter called the "Surety"), a corporation duly authorized to do a surety business under the Laws of the State of Missouri, are held and firmly bound unto R the City of Jefferson, Jefferson City, Missouri (hereinafter called the "Obligee"), in the penal sum of forty-four thousand five hundred eighty-six Dollars ($ 44 , 586. ()o ) lawful money of the United States, for the payment of which well and truly ® to be made unto said Obligee, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as follows: The coMLtignss of this obligation are such that, whereas on the day of / // Lhe said Principal entered into a written agreement, which agreement is hereby made a part hereof, with said Obligee for the furnishing of one (1) sewage sludge application vehicle as ner specifications and bid documents to be delivered to the Water Pollution Control Plant located at Jefferson City, Missouri NOW, THEREFORE, if the said Principal shall faithfully and properly perform the foregoing Contract according to all the terms thereof, and • shall as soon as the work contemplated by said Contract is completed, pay to the proper parties, all amounts due for material, luhricanLH, oil, *Scratch out the inapplicable designation. PA-1 gasoline, grain, hay, food, coal and coke, repairs on machinery, gro- ceries and foodsturfs, v(juiptnent and tools, consumed or used In connec- tion with the consLr.uction of such work, and all insurance premiums, both compensation, 3111(1 all. other kinds of insurance, on said work, and for all .labor performed in such work whether by subcontractor or other- wise, then this obligation to be void, otherwise to remain in full force and effect, and may be sued on for his use and benefit by any person furnishing materials or performing labor, either as an individual or as a subcontractor for any contractor in the name of said O b.11.8ce. The said Surety for the value 'received, hereby stipulates and agrees that no change, extension of time, alteration or addi.tlon to the i terms of this agreement or to the work to be performed thereunder, or the Specifications accompanying the same, shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the t agreement or to the work or to the Specifications. IN TESTIMONY WHEREOF, the parties hereunto have caused the execu- tion hereof in lour original counterparts as of the day of January 25 3.978. BIG WHEELS, INC. Big Wheels, Inc. (Principal) BY. Rich Shapland (T tl.e) Vice President Attest: Richard B. Je ell - Secretary Insurance Company of North America (Surety) B y ('�`ef4 Edward o i s Atto rney-i.n- act (SEAL) PB-2