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Home My Public Portal AboutORD09126 i BILL NO. I fl INTRODUCED BY COUNCILMEN Whitecotton, Brant, Hartsfield, McDowell and Wildhaber ORDINANCE NO. `'0 6 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,, AUTHORIZING THE MAYOR AND CLERK OF THE CITY OF JEFFERSON TO EXECUTE A CONTRACT WITH PROST BUILDERS, INCORPORATED. 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 Prost Builders, Incorporated, for all labor and materials necessary for the construction of the new Police Station Facility for the City of Jefferson, for the sum of One Million Seven Hundred Forty Nine Thousand ($1,749 ,000. 00) Dollars. 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 — APPROVED / resident a Council / ATTEST: ty Clerk z A(i(tCi. 4LIJT ' 1 ' 1 Nt 0.111. F _'.' 1 ,I0 tj ?1 (.1ILUINf T IS A(:,11E1. MENI MAUI. THL . SEVEN T I DAY Of_--.IUNC IN THE YEAR 141NIILIN HUNDRED AND SEVENTY-EIGHT BY AND BETWEEN PROST BUILDERS . INC . HEREINAFTER CALLED THE CONTRACTOR,, AND CITY COUNCIL . JEFFERSON CITY , MISSOURI HEREINAFTER CALLED THE OWNER, WITNESSETH, THAT THE CONTRACTOR AND THE OWNER FOR THE CONSIDERATION HEREINAFTER NAI4ED AGREE AS FOLLOWS : ARTICLE 1 . SCOPE OF WORK - THE CONTRACTOR SHALL FURNISH ALL OF THE MATERIALS AND PERFORM ALL OF THE WORK SHOWN ON DRAWINGS AND DES- CRIBED IN THE SPECIFICATIONS ENTITLED POLICE STATION FACILITIES , JEFFERSON CITY , MISSOURI PREPARED BY ARTHUR R . JABLONSKY & ASSOCIATES) ARCHITECTS, ACTING AS AND IN THESE CONTRACT DOCUMENTS ENTITLED THE ARCHITECTS; AND SHALL DO EVERYTHING REQUIRED BY THIS AGREEMENT, THE GENERAL CONDITIONS OF THE CONTRACT, THE SPECIFICATIONS AND THE DRAWINGS . ARTICLE 2 . TIME OF COMPLETION - THE WORK TO BE PERFORMED UNDER THIS CONTRACT SHALL BE COMMENCED ON A DATE ESTABLISHED IN WRITING BY THE ARCHITECT:, AND IS TO BE COMPLETED IN 380 CONSECUTIVE CALENDAR DAYS . FOR EACH CONSECUTIVE CALENDAR DAY THEREAFTER THAT THE WORK REMAINS UNFINISHED, THE CONTRACTOR SHALL PAY A LIQUIDATED DAMAGE FEE IN THE AMOUNT OF s 150.00 PER DAY . ARTICLE 3 . THE CONTRACT SUM - THE OWNER SHALL MAKE PAYMENT To THE CONTRACTOR FOR THE PERFORMANCE OF THE CONTRACT, SUBJECT TO ADDI- TIONS AND DEDUCTIONS PROVIDED THEREIN, IN CURRENT FUNDS AS FOLLOWS: GRAND To j,AL of $ 1 1788 ,000 00 LESS B I D ITEM #1 - ASPHALT PAVING _ 2 ,.000.00) ANID B I D ITEM #15 - SLIDING GATES & OPERATORS _ ($ 140000-00) EQUALS CONTRACT SUM OF ONE MILLION SEVEN HUNDRED FnRTY-NINF THOUSAND AND Nn 100 DOLLARS $749. ,00Q_o. WHERE THE QUANTITIES ORIGINALLY CONTEMPLATED ARE SO CHANGED THAT APPLICATION OF THE AGREED UNIT PRICE TO THE QUANTITY OF WORK PER- FORMED IS SHOWN TO CREATE A HARDSHIP TO THE OWNER OR THE CONTRACTOR, THERE SHALL BE AN EQUITABLE ADJUSTMENT OF TIME CONTRACT TO PREVENT SUCH HARDSHIP . ARTICLE 4. PROGRESS PAYMENTS - THE OWNER SHALL MAKE PAYMENTS ON ACCOUNT OF THE CONTRACT AS PROVIDED THEREIN, AS FOLLOWS: ON OR ABOUT THE 15TH DAY OF EACH MONTH, 90% OF THE VALUE, BASED ON THE CONTRACT PRICES, OF LABOR AND MATERIALS INCORPORATED IN THE WORK AND OF MATERIALS SUITABLY STORED AT THE SITE THEREOF UP TO THE FIRST DAY OF THAT MONTH, AS ESTIMATED BY THE ARCHITECT`',, LESS THE AGGREGATE OF PREVIOUS PAYMENTS; AND UPON SUBSTANTIAL COMPLETION OF THE ENTIRE WORK, A SUM SUFFICIENT TO INCREASI: THE TOTAL PAYMENTS TO 9O% OF THE CONTRACT PRICE . • CONTRACT SHEET NO . 1 11 • ARTlCLC ,5, Acc p - FINAL PAYMENT SHALL BE DUE 'SHIRTY (30) DAYS AFTER SUBSTANTIAL COMPLETION OF THE WORK , PROVIDED THE WORK BE THEN FULLY COMPLETED AND THE CONTRACT FULLY PERFORMED. UPON RECEIPT OF WRITTEN NOTICE THAT THE WORK IS READY FOR FINAL IN- SPECTION AND ACCEPTANCE , THE ARCHITECT SHALL PROMPTLY MAKE SUCH INSPECTION , AND WHEN THEY FIND THE WORK ACCEPTABLE UNDER THE CON- TRACT AND THE CONTRACT FULLY PERFORMED , THEY SHALL PROMPTLY ISSUE A FINAL CERTIFICATE, OVER THEIR OWN SIGNATURE , STATING THAT THE WORK PROVIDED FOR IN THIS CONTRACT HAS BEEN COMPLETED AND IS ACCEPTED BY THEM UNDER THE TERMS AND CONDITIONS THEREOF , AND THAT THE ENTIRE BALANCE IS FOUND TO BE DUE THE CONTRACTOR , AND NOTED IN SAID FINAL CERTIFICATE IS DUE AND PAYABLE. BEFORE ISSUANCE OF FINAL CERTIFICATE , THE CONTRACTOR SHALL SUBMIT EVIDENCE SATISFACTORY TO THE ARCHITECTS THAT ALL PAYROLLS , MATERIAL BILLS AND OTHER INDEBTEDNESS CONNECTED WITH THE WORK HAVE BEEN PAID, IF AFTER THE WORK HAS BEEN SUBSTANTIALLY COMPLETED , FULL COMPLETION THEREOF IS MATERIALLY DELAYED THROUGH NO FAULT OF THE CONTRACTOR, AND THE ARCHITECTS SO CERTIFY , THE OWNER SHALL , UPON CERTIFICATE OF THE ARCHITECTS AND WITHOUT TERMINATING THE CONTRACT , MAKE PAYMENT ® OF THE BALANCE DUE FOR THAT PORTION OF THE WORK FULLY COMPLETED AND ACCEPTED. SUCH PAYMENT SHALL BE MADE UNDER THE TERMS AND CON- DITIONS GOVERNING FINAL PAYMENT, EXCEPT THAT IT SHALL NOT CONSTI - TUTE A WAIVER OR CLAIMS . ART 1 cLi: 6. THE CONTRACT DOCUMENTS : THE GENERAL CONDITIONS OF THE CONTRACT, THE SPECIFICATIONS AND DRAWINGS , TOGETHER WITH THIS AGREE- MENT , FORM THE CONTRACT , AND THEY ARE AS FULLY A PART OF THE CON- TRACT AS IF HERETO ATTACHED OR HEREIN REPEATED, THE FOLLOWING IS AN ENUMERATION OF THE SPECIFICATIONS AND DRAWINGS : NOTICE TO BIDDERS GENERAL REQUIREMENTS BID FORM AGREEMENT BETWEEN CONTRACTOR AND OWNER GENERAL CONDITIONS TECHNICAL SPECIFICATIONS DRAWINGS THIS CONTRACT CONSISTS OF TWO (2) SHEETS . IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT, THE DAY AND YEAR FIRST ABOVE WRITTEN, PROS BUILDER , NC. CONT AC ATTEST CITY L 0 NE ATTEST MA R, r— ATTEST / IT CL R • CONTRACT SHEET NO. 2