HomeMy Public PortalAboutORD09963 BILL NO. fl3^
SPONSORED BY COUNCILMAN �-
ORDINANCE N0. 11��
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH RICK A.
PENNO, D/B/A GREEN HORIZONS LANDSCAPING, FOR THE LANDSCAPING,
INSTALLING NEW LAWN AREAS, INSTALLING CERTAIN LIMESTONE ROCK,
AND MAINTAINING THE LANDSCAPING AND LAWN AREAS FOR A PERIOD OF
ONE (1) YEAR AT THE JOHN G. CHRISTY MUNICIPAL BUILDING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with Rick A. Penno, d/b/a Green
Horizons Landscaping, for the landscaping, installing new lawn
areas, installing certain limestone rock, and maintaining the land-
scaping and lawn areas for a period of one (1) year at the John G.
Christy Municipal Building for an amount not to exceed $9,923.30 for
Phase One of the contract and an amount not to exceed $1,950.00 for
® Phase Two of the contract, for a total amount not to exceed $11,873.30.
Section 2. The contract shall be substantially the same in form
and content as that contract attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from
and after the date of its passage and Approval.
Passed � (�f �9�� APPROVED
si ing is
Mayor
ATTEST:
it Clerk
CONTRACT FOR
INSTALLING LANDSCAPING AND LAWN AREAS (PHASE ONE)
AND FOR
MAINTAINING THE LANDSCAPING AND LAWN AREAS (PHASE TWO)
AT THE
JOHN G. CHRISTY MUNICIPAL BUILDING
JEFFERSON CITY, MISSOURI
This contract is entered into this / rf day of �.
1983, by and between the City of Jefferson, Missouri, Party of
the First Part, and Rick A. Penno, d/b/a Green Horizons
Landscaping, Party of the Second Part.
WHEREAS, the City Council of the City of Jefferson,
Missouri, did on the day of 19-01 award to
the Party of the Second Part, Rick A. Penno, d/b/a Green
Horizons Landscaping, the contract for the landscaping,
installing new lawn areas, installing certain limestone rock and
® maintaining the landscaping and lawn areas for a period of one
(1) year at the John G. Christy Municipal Building.
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, Rick
A. Penno, d/b/a Green Horizons Landscaping, 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:
A. For Phase One ( Installation in Spring of 1983)
Ninety percent (90%) of the Contractor's bid price for
the materials which are to be installed in the Spring
of 1983 shall be due and payable when the plant materials,
lawn areas and limestone rock have been installed in
accordance with the Contract Plans and Specifications.
The final ten (10%) percent for materials which are
to be installed in the Spring of 1983 shall be due and
payable at the end of the guarantee period following final
inspection and acceptance by the City.
B. For Phase One (Installation in Fall of 1983)
Ninety (90%) percent of the Contractor's bid price
for the materials which are to be installed in the Fall
of 1983 shall be due and payable when the plant materials
have been installed in accordance with the Plans and
Specifications.
The final ten (10%) percent for materials which are
to be installed in the Fall of 1983 shall be due and pay-
able at the end of the guarantee period following final
inspection and acceptance by the City.
C. For Phase Two (Maintenance)
At the end of each quarter (3 month period) the
Contractor shall submit a statement to the City specifying
the amount due and that the maintenance has been performed
for the three (3) preceeding months. On receipt of the
statement the City shall pay to the Contractor a sum equal
to one-fourth of the contract amount for Phase Two pro-
vided that the maintenance services have been performed
in a satsifactory manner.
D. 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.
E. The maximum sum to be paid under Phase One of this
Contract is an amount not to exceed $ 9 ,923. 30 ;
the maximum sum to be paid under Phase Two of this Contract
is an amount not to exceed $ 1,950. 00 and the
total sum to be paid under this contract is an amount not
to exceed $ 11, 873. 30
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 con-
tract of such work in accordance with the plans and specifi-
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cations therefor, and estimates thereof, shall be decided by
AMIL 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 re-
construction 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 work covered by Phase
One (Installation in Spring of 1983) of the Contract within
thirty (30) consecutive working days after the date established
in the Notice to Proceed. 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 will be assessed against the Contractor
for each day the work covered by Phase One (Installation in
Spring of 1983) remains 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 Phase One of this contract
the prevailing hourly rate of wages as determined by the De-
partment of Labor and Industrial Relations and Second Party
acknowledges that he knows the prevailing hourly rate of wages
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for all classes and crafts of labor to be used in the performance
of Phase One because he has obtained the prevailing hourly rate
of wages from the contents of Special Wage Determination No.
3-026-067, 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 occupation
of all workmen employed by them in connection with the work to
be performed under the terms of Phase One 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, 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 Phase One, and agrees further that the afore-
mentioned 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
Phase One of this contract, 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 work-
man is paid less than the stipulated rates for any work done
under Phase One, by him or by subcontractor 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,
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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 4 day of , 19 .
CITY OF JEFFERSON, MISSOURI
By
ATTEST: ` May
ity Clerk
By
Contractor
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.
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