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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- 2 of 5 P: 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 3 of 5 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, 4 of 5 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. 5 of 5