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Home My Public Portal AboutORD09889 i BILL N0. i f INTRODUCED BY COUNCILMAN w ORDINANCE NO. 3 s I 1 f fl i i ;s AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING # THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH ' i� WILLIAMSDALE NURSERIES, INC. , OF COLUMBIA, MISSOURI. i, !j BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, ii MISSOURI, AS FOLLOWS: I SECTION 1. The Mayor and Clerk of the City of Jefferson 1 are hereby authorized and directed, for and in the name of the City, to execute a written contract with Williamsdale Nurseries, I �! Inc. , of Columbia, Missouri, for the Supplying and Planting of trees on Monroe Street from State Street to the Expressway, 7 for the sum of Forty-five Thousand Five Hundred and Fifty-seven �I Dollars ($44,557.00) . SECTION 2. A copy of said contract is attached hereto. SECTION 3. This ordinance shall take effect and be in I force from and after its passage and approval. EI I -Passed 1�2 Approved fi j1eside'rnt of the uncil May 1 i i ATTEST: ►i ,i I City Clerk I I: �f r CONTRACT FOR THE SUPPLYING AND PLANTING OF TREES ON MONROE STREET FROM STATE STREET TO THE EXPRESSWAY THIS CONTRACT, made and entered into this day of 19_ , by and between George Hartsfield, esident o the 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, Party of the Second Part, WITNESSETH: THAT, WHEREAS, the City Council of the City of Jefferson, Missouri, did on the //191-. day of 19� award to the Party of the Second Part, Williamsdale Nurseries, Inc. , of Columbia, Missouri, the contract for supplying and planting of trees on both sides of Monroe Street from State Street to the Expressway and the placement of brick pavers around certain trees. 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, Williamsdale Nurseries, Inc. , of Columbia, Missouri, 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 manner: The Contractor shall submit to the City an application for partial payment in the form prescribed. The Con- tractor shall submit a statement in writing made under oath or verified by affidavit, of the names of all parties furnishing materials and labor, and of the amounts due or to become due to each. The application for payment shall be accompanied by a notarized affidavit stating that all monetary obligations to suppliers of materials, services, labor and to all sub-contractors, for the periods covered by all prior applications for payment, if any, have been completely fulfilled and discharged. That part of the payment which is requested on account Ankh of materials delivered and suitably stored at the site or other approved location but not incorporated in the work shall, if required by the City, be conditioned upon submission by the Contractor of bills of sale or upon such other procedure as will establish the City' s title to such material or otherwise adequately protect the City's interest. Payment for Trees In the Spring of 1983 the Contractor shall deliver seventy-one (71) trees to Jefferson City, Missouri, meeting the requirements of the specifications and in accordance with the Notice to Proceed. In the Spring of 1984 the Contractor shall deliver four (4) trees to Jefferson City, Missouri, meeting the requirements of the specifications and in accord- ance with the Notice to Proceed. After inspection of the delivered trees for compliance with the specifications the Contractor shall be en- titled for full payment (including transportation r charges) for the trees delivered. Two separate pay- ments are to be made. These are: (1) After satis- factory delivery of 71 trees, and (2) After satis- factory delivery of 4 trees. The maximum sum to be paid for the satisfactory delivery of the 71 trees is an amount not to exceed $12 ,425.00. The maximum sum to be paid for the satisfactory delivery of the 4 trees is an amount not to exceed $720. 00. Every payment shall be subject to receipt of a state- ment from the Contractor which specifies the amount due and payable under the terms of this Contract. Payment for Installation When the trees and brick pavers have been installed in accordance with the contract plans and specifica- tions, the maximum amount to be paid to the Contractor shall be $26, 700. 00 which is eighty-five (85%) percent of the total contract amount for installation. The final fifteen (15%) percent, an amount not to exceed $4 ,712. 00 shall be due and payable at the end of the guarantee period for the trees following final inspection and acceptance by the City. 2 of 6 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. Maximum Amount to be Paid for Trees and Installation The maximum sum to be paid under this contract is an amount not to exceed $44 ,557. 00. 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 con- sidered a part and parcel of this contract; that all questions arising as to the proper performance of this contract of such work in accordance with the plans and specifications therefor, and estimates thereof, shall be decided in a reasonable manner 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 reconstruction of the work if the Contractor has not corrected matters of improper workmanship within fifteen (15) days following receipt of written notice from the City specifying defects in workmanship; that the Contractors 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) con- secutive 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 if 3 of 6 the Contractor has not corrected matters of improper workman- ship within fifteen (15) days following receipt of written notice from the City specifying defects in workmanship; 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 will be assessed against the Contractor for each day the work remains incomplete following the completion date or extension thereof granted by the City at Contractor's request due to inclement weather or other matters beyond the Contractor' s control. 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 Department of Labor and Industrial Relations and Second Party acknowledges that he knows the prevailing 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. 3-026-027, 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 occupation 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. 4 of 6 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 290.210 and 290.340 inclusive, Revised 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 contract, Section 290.250. The Contractor shall forfeit to the City ten ($10.00) dollars for each workman, employee, MELL for each calendar day, or portion thereof, such workman is paid less than the stipulated rates for any work done under said contract, by him or any sub-contractor under him, Section 290. 250. 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 on this day of , 19 5 of 6 CITY OF JEFFERSON, MISSOURI By M or ATTEST: City Clerk WILLIAMSDALE NURSERIES & LANDSCAPING, INC. 1 - (SEAL) Duane L. Hombs, President ,CL By �3ecretar Y This contract, executed in duplicate, one copy being deposited in the office of the City Clerk of the City of Jefferson, and the other being retained by the Party of the Second Part. 6 of 6