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HomeMy Public PortalAboutORD09388 BILL NO. �Z� INTRODUCED BY COUNCILMAN AAA-am k3ama.4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CLERK OF THE CITY OF JEFFERSON TO EXECUTE A CONTRACT WITH POPP'S LAWN AND GARDEN CENTER, 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 Popp' s Lawn and Garden Center, Incorporated, for all labor and materials necessary for the landscaping of the new Police Station Facility for the City of Jefferson, for the sum of eight thousand nine hundred twenty- four dollars and sixty-seven cents ($8,924.67) . 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 o:� " �'— Approved re dent of t Council Mayor ATTEST: Ci Jerk r '+ CONTRACT FOR INSTALLING LANDSCAPING AND LAWN AREAS F ' AT THE NEW POLICE STATION FACILITIES THIS CONTRACT, made and entered into this �_ day of 19 , by and between George Hartsfield, President of the City Council of the City of Jefferson, Missouri, a municipal corporation of the third class of the State of Missouri, Party of the First Part, and who acts for and on behalf of the City . .. of Jefferson, and Popp' s Lawn and Garden Center, Incorporated, Party of the Second Part, WITNESSETH: THAT, WHEREAS, the City Council of the City of Jefferson, Missouri, did on the day of , 19ze—, award to the Party of the Second Part, Popp's Lawn and Garden Center, Incor- porated, the contract for the landscaping, installing new lawn areas and the installation of brick pavers at the new Police Station Faci- lities. NOW, THEREFORE, for and in consideration of the awarding of this contract and the` work thereunder by said First Party hereto, the City of Jefferson, Missouri, to the Second Party, Popp's Lawn and Garden Center, Incorporated, the said Second Party does hereby contract and agree to do and perform said work, above specified and referred to and to accept payment therefor in the following nner: Ninety (90%) percent of the total contract amount shall be paid when the plant materials, lawn areas and brick pavers have been installed in accordance with the contract plans and specifications. r The final ten (10%) percent shall be due and payable at the end of the guarantee period for the trees and shrubs follow- ' ing final inspection and acceptance by the City. 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. The maximum sum to be paid under this contract is an amount r5 not to exceed eight thousand nine hundred twenty-four dollars and sixty-seven cents ($8 ,924. 67) . NOW, BY THESE PRESENTS, it is agreed and understood by the parties hereto, and this contract is entered into subject to all existing ordinances, plans and specifications for such work on file in the office of the City Clerk, and which shall be considered a part and parcel of this contract; that all questions arising as to the proper performance of this contract of such workiin accordance with the plans and specifications therefor, and estimated thereof, shall be decided by the Director of Planning and Code Enforcement, of the City of Jefferson, Missouri, or by such competent persons 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 improper workmanship, the City of Jefferson reserves the right at any time to suspend, re-let or order an entire reconstruc- tion 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 project within forty-five (45) consecu- tive working days thereafter. The City reserves the right at any time to suspend, re-let or order an entire reconstruction of the work awarded and to declare the contract forfeited; but that such suspension, re-letting or reconstruction or forfeiture shall not affect the right of the City to recover all damages and penalties accuring or due it by reason of the Contractor' s non-compliance with this contract. Liquidated damages of fifty ($50. 00) dollars per day ts • will be assessed against the Contractor for each day the work re- - mains incomplete following the completion date or extension thereof. The Second Party agrees to pay all classes and crafts of labor used in the performance of this contract the prevailing hourly rate of wages as determined by the Departmenr of Labor and Industrial Relations and Second Party acknowledges that he knows the prevailing < i hourly rate of wages for all classes and crafts of labor to be used in the performance of this contract because he has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No. 0-026-067, in which the rate of wages are set forth. The Contractor further agrees as the Second Party, that he will keep an accurate record showing the names and occupations of all workmen employed by them in connection with the work to be performed under the terms of this contract, which record shall show the actual wages paid to each of said workmen in connection with the work to be performed under the terms of this contract, and agrees further that the aforementioned accurate record shall be available and open at all reasonable hours for the inspection by the Director of Planning and Code Enforcement or any other authorized employee of the City of Jefferson, Missouri. In compliance with the Prevailing Wage Law, as amended in Section 290.21 and 290. 340 inclusive, Re- vised Statutes of Missouri, 1969, effective October 13, 1969, not less than the prevailing hourly rate of wages in the Jefferson City area shall be paid to all workmen performing work under this con- Spract, Section 290. 250. The Contractor shall forfeit to the City ten ($10.00) dollars for each workman, employee, for each calendar day, or portion thereof, such workman is paid less than the stipu- lated rates for any work done under said contract, by him or any subcontractor under him, Section 290. 250. r The Second Party agrees to completely indemnify and hold harmless the City of Jefferson 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 Second Party, or third parties in no manner connected with said work. All interlineations, corrections, deletions and changes herein have been made prior to the execution of this contract. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this �.;� day of , 19 D B � Contractor CITY OF JEFFERSON, MISSOURI By V46�107mayor ATTEST: By This contract, executed in duplicate, one copy being deposited min the office of the City Clerk of the City of Jefferson, and the other being retained by the Party of the Second Part.