HomeMy WebLinkAboutCityMgrForm.841.10-17-1973 f � 4 „► .
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CITY MANAGER FORM ORDINANCE NO. � J
AN ORDINANCE APPROVING THE FORM OF A PAVING CONTR.A.CT BETWEEN THE
CITY OF CAPE GIR.ARDEAU, MISSOURI, AND GIRARDEAU CONTRACTORS, INC. ,
FOR PAVING A PUBLIC METERED PARKITdG LOT ON SPANISH STREET IN THE
CITY OF CAPE GIRARDEAU, MISSOURI, WITH AUTHORITY FOR THE MAYOR TO
EXECUTE
WHEREAS, the City of Cape Girardeau, Missouri, desires to
construct, operate, maintain and reconstruct a public metered
parking lot facility on 5panish Street in the City of Cape Girardeau;
and,
WHEREAS, Girardeau Contractors, Inc. submitted the lowest
and most responsible bid for the work of paving said parking lot;
and,
WHER:EAS, the City of Cape Girardeau and Girardeau Contractors,
Inc. desire to enter into a paving contract for said work;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, A5 FOLLOWS:
SECTION 1. That the Paving Contract between the City of
Cape Girardeau, Missouri and Girardeau Contractors , Inc. , a copy
of which is attached hereto marked "Exhibit A°', is approved in form.
SECTION 2 . That the Mayor of the City of Cape Girardeau
is hereby authorized and directed to execute the Paving Contract,
between the City of Cape Girardeau, r�issouri and Girardeau Contractors,
Inc. , attached hereto marked "Exhibit "A" , for and on behalf of the
City of Cape Girardeau, Missouri.
SECTION 3 . This ordinance shall be in full force and effect
ten days from and after its passage and approval.
PAS5ED AND APPROVED THIS /�7 � DAY OF OCTOBER, 1973 .
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MAYOR
ATTEST:
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CITY CLERK
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Pt�V�_NG COi�TTRACT
This contract made and entered into this day of
, 1973 , by and between the City of Cape Girardeau,
Missouri , a municipal corporation, acting b_y anc� through its Mayor,
as authorized by the City Council, Party of the First Part, herein-
after called the "City" , and Girardeau Contractors , InC . , of Cape
Girardeau, Missouri, Party of the Second Part, hereinafter called
the "Contractor'° ;
. V�IITNESSETH:
� 1. TaORi� TO BE DO�d�. The Contractor, for and in Consideration
of the payments to be made as hereinafter �rovided, hereby agrees at
his own ex��nse, to perform all of. the labor and services , and to
�urnish all of the materials and equipment necessar_y to complete this
contract in accordance u�ith the terms , conditions , an.d provisions
thereof, and the qeneral an� detailed speCifications , which are hereto
attached and made a part of this contract . Th� �-aork of the improvement
to be made is that necessary for the improvement of a parking lot on
Spanish Street, by removing foundation, grading, excavation, borrow
and compact, four (4) inCh compacted bituminous stabilized base ,
Portland Cement Concrete curb six (6) inChes high complete in place,
remove and replace six (6) inch Portland Cer.ment Concrete pavement
and sidewalk, complete in place, �'ortland Cerient Concrete car stops
seven (7) feet long comnlete in place, painting and striping and all
other necessary appurtenances , all as shown an tize plans on file
in the office of the City Clerl: of the City of Ca�e Girardeau, Missouri .
2. PAYPoEIvT. Payment for said improvement shall be made at
the unit price k�id ��er unit by �he Contractor, as set out in his
proposal, which is attached 'nereto and ma_de a part hereof, and which
reads in part as follo�as o
l. Remove foun.dations as re�uired to a minimum
of six inches belo`.a bo�tom of four inch
sur.�acing. �.,ump Sum at $ 2,634.00
2. Grading, inclu�ing excavation, bor_row, and
fill compacted as required, in accordance
with plans and sperifications, including
necessary removals . (E-151) (F-247) Lum� Sum at $ 2, 870. 00
3. 4 inch compacted oituminous stabilized
base, cor.nplete in place in accordance
���ith I�Zo. State Hi�,hway commission
Specifications , Section 301 . 28?_0 S.Y. at $ 2 . 86
4. P .C. Concrete , inter�ral curb, 6 inches
high, complete in place. 250 L .F. at $ 1.50
5. F.emove and re�lace 6 inch s ,C. Concrete
pavemenv and sidewalk, complete in �lace 50 S .Y. at $ 2. 00
6. � .C. Concrete car sto�s , 7 feet lon�,
complet� �n place. 79 �'cs. at $ 11. 50
7. Paintin� and stripin q, com�lete Lur1� Sum at $ 118 .50
and shall be full compensation for furrii�hing said �avement , complete
in place, including all labor, equi�_:lerli:, materz�.ls , accessories
and incidentals.
• Payment to the Contractor shall l�e made f_rom the general
revenue o� the City with monthly estir:�at�s to h�� ro.ade to the Contractor
for work cornpleted, less ten percent (l00) retainage. Final payment
to be made within ten (10) davs of final acceptance oi the �aork by
the City.
.EX�HIBIT MA�
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It is hereb_y sti�ulated anc� agreed that the total amount to
be so paid to the Contractor shall be the total �.mount of the items
of work in place at the unit y�rice bid �er item.
3. CONTFtACT TIME - LIQUIDATED DAMAG�S - EXTENSION OF TIME .
The Contractor hereby agrees to begin said zaork and improvement not
later than ten (10) days after the execu-tion o-F this contraCt and
/ ; hereby agrees to com�lete the same ,not later than ninety (90)
� ��f,1: � ays from said date .
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Time of completion is of the essence of this contract and
should the Contractor fail to complete the work within the number
of days as set out above, it is mutually understood and agreed
� between the parties hereto that considerable damage will be sustained
by the City, but that it �aill be d.ifficult, if not impos�ible, for
the �itv to establish eitr,er the full extent or the amount of the
damage under the ordinary rules of evidence .
It is therefore understood and agre�d by and between the
parties �ereto that the payment by the Contractor to the City of the
sum of Fifty Dollars ($50 . 00) per day for ever�� d�.y, except Sundays
and holidays , the Cont_r_actor fails to suk�stantially complete the
work to be done under this contract shall be paid to the City, as
liquidated dama�es which the City �aill suffer by reason of the
default, and not :�v way of a genalty.
The time of com;�letion as above set out shall determine the
date after whic�l liquidated damages shall be�in. In the event the
City Council should pass an ordinance extending the tirne in which
the work shall be completed, such extension of_ tirne shall not void
the provisions for the assessrnent of liquidated da:�zages above described.
The City Co,anril, ma� ho�•aever, for good cause sho;-yn, such as un-
favorable v�eather, materi�l shortages , strikes , �aar, an Act of God,
or similar cause, �aaive the provisions for liquidated damages and
set a new date oi corn�letion, which date shall goTrern the t�me when
lic�uidated damages shall begin.
4. APPROV��L OF TH;� L�10RR �3D COP�IPLF'TIOiJ OF CONT�2ACT . The
Contractor, upon the completion of_ said work and improvement, shall '
notify the City �n�ineer of such fact . lhe City Enaineer and the
City Manager shal.l thereupon inspect said work and make a written
report to the City CounCil, and the City hereby agrees that upon the
approval of sai� report, and provided said work is completed in
accordance with the terms of this contract , it will make the payment
to the Contractor as hereinbefore provided.
5. CONTRACT DOCUMEPIT5. It is agreed k�etween the Parties to
this contract that the plans , specifications , both general and
detailed, the standard specifications approved and adopted by the
City Council and on f_ile in the Office of the City Clerk, and all
resolutions and ordinances and �roceedings of the Cit_y Council
pertaining in any detail whatsoever to the wor]c included under this
contract, incluc�inr� the proposal submitted by the Contractor to the
City Council shall '�e and constitute integral parts of this contract
as though set out in words and figures herein.
6 . II�I�EMNITi' 10 CITY. The Contractor a�rees to file with
the City prior to the commencement of the work, .�a certificate of
insurance s.howing that the Contractor has in forCe for a period equal
to the period o� the contract a policy of general liability insurance
insuring the Cantractor against liability for personal injuries
arising out ot the contract in a minimum amount of $25 ,0OO. OJ for
injury to any one person and $50 ,000. 00 for injuries received in any
one accident and for property damage a�isir.�.c� out of the contract in
• the minim�um aznount o f $5 ,0 Q 0 . 00 ; anc7. the Contractor hereby binds
himself_ to indemniiy and save harmless the Citv o� Cape Girardeau
from all suits anc� actions of every name and descri�tion brought
aa,ainst tne said City for or on acCount of any injuries or darnages
� received or_ sustaine�. k�y any parties or �arty ��.� c�r from the acts of
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the Contractor, or his servants or agents , in doin� the work herein
contracted for, or k�y or in consecruence of any negligen�e in guarding
the same, or on account of any inproper materials being used in
construction, or by or on account of any act or omission of the
contractor, or his servants or aqents .
7. CONTRACTOR'S SUR�TY. The Contractor agrees to file wi�h
the City a bond with corporate surety for the faithful performance
of this contract in an amount equal to the total contract price ,
and with such surety as will be satisfactory to the City.
8. PREVAILING WAGE5 . The ContraCtor hereby agrees that
he will pay all workmen performinc; under this contract an hourly rate
of wages which is not less than the Prevailing Hourly Rate of Wages
, as determined by the Department of Labor and Industrial Felations .
The Contractor �.grees that he will comply with the provisions of the
Prevailing Wage Law. . -
The Contractor her_eby agrees that he will forfeit to the
City as a penalty, the sum of Ten Dollars ($10 .00) for each workman
employed, for each calendar day, or a portion thereof, for which such
workman is paid less than the stipulated rates as determined by the
Department of Labor and Industrial Relations in the wage determination
for any work done under this contract, by him, or any subContractor
under him.
The Contractor agrees that he will not contract with any
subcontractor who is prohibited by the provisions of the Prevailing
Wage Law from working on a pul�lic works contract.
The Contractor hereby agrees that the City can withhold
payments under the terms of this contract for a11 sums and amounts
due and owing as a result of any violation of the Prevailing W�ge Law.
9 . BINDING. This cnntract is binding upon the Parties
hereto and the heirs, executors, administrators , successors and
assi�ns of the City and the Contractor.
IN WITNE5S '�1HEREOF, the City of Cape Girardeau, Missouri,
has caused this agreement to be signed by its Mayor, and attested by ,
its acting City Clerk, with the corparate seal of the City, and
Girardeau Contractors, Inc. , has hereto, by and through its authorized
representative, affixed its name, eaah in dupliCate, the day and year
first above written.
� CITY OF CAPE GIRARDEAU, MISSOURI
Bv
� Mayor
ATTEST :
City Clerk
GIRA.:�2DEAU CONTRA.CTORS, INC.
Contra�tor�
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