HomeMy WebLinkAboutRES.439.07-10-1989BILL NO. 89-128
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A PAVING CONTRACT WITH STEVE D. THIELE
D/B/A THIELE CONCRETE FINISHING FOR PAVING LEMING
LANE FROM MISSOURI ROUTE K TO SCHNUCKS PARKING LOT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
SECTION 1. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to enter into a
Paving Contract with Steve D. Thiele d/b/a Thiele Concrete
Finishing for paving Leming Lane from Missouri Route K to the
Schnucks parking lot for a distance of 307 feet. A copy of said
Contract is attached to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS U,C- DAY OF ,.1989.
Ora—nzI41WENRholes,' Mayor
PAVING CONTRACT
This Contract made and entered into this ;:,2 /,, a -t day
of r 1989, by and between the City of Cape
Girarftyu,, issourli, a Municipal Corporation, acting by and
throug its City manager, as authorized by the city Council,
hereinafter called the "City", and Steve D. Thiele d/b/a Thiele
Concrete Finishing, hereinafter called the "Contractor";
WITNESSETH:
1. DESCRIPTION OF WORK.
Contractor, for and in consideration of the payments to be
made as hereinafter provided, hereby agrees at his own expense, to
perform all of the labor and services, and to furnish all of the
materials and equipment necessary to complete this contract in
accordance with the terms, conditions and provisions thereof, and
the general and detailed specifications, which are hereto attached
and made a part of this Contract. The work of the improvement to
be made is that necessary for the improvement of Leming Lane from
the North right-of-way line of William Street North, 307 feet, by
grading to the established grade and constructing thereon a
Portland Cement Concrete Pavement, 6 inches thick and 40 feet in
width between the backs of 6 inch upright integral curbs, except
at the various intersecting streets, where the pavement shall be
constructed as shown on the plans, together with. necessary pipe
and inlets for removal of storm water, all as shown on the plans
on file in the Office of the City Clerk of the City of Cape
Girardeau, Missouri.
2. PAYMENT.
Payment for said improvement shall. be made at the unit price
bid per unit by the Contractor, as set out in his proposal, which
is attached hereto and made a part hereof, and shall be full
compensation for furnishing said pavement, complete in place,
including all labor, equipment, materials, accessories and
incidentals. The estimated total payment is Twenty -Four Thousand
Seven Hundred Sixty -Four Dollars and Fifty Cents (.24,764.50).'
Payment to the Contractor shall be made from the general
revenue of the City with monthly estimates to be made to the
Contractor for work completed, less ten per cent (100) retainage.
Final payment to be made within ten (10) days of final acceptance
of the work by the City Council.
it is hereby stipulated and agreed that the total amount to be
so paid to the Contractor shall be the total amount of the items
of work in place at the unit price bid per item.
3. CONTRACT TIME -LIQUIDATED DAMAGES -EXTENSION OF TIME.
The Contractor shall have twenty calendar (20) days after the
execution of this contract to begin said work and improvement and
shall have an additional thirty (30) calendar days to complete the
work.
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 will be difficult, if not
impossible for the City to establish either the full extent or the
amount of damage under the ordinary rules of evidence.
It is therefore understood and agreed by and between the
parties hereto that the payment by the Contractor to the City of
the sum of One Hundred Dollars (100.00) per day for every day,
except Sundays and holidays, the contractor fails to complete the
work to be done under this contract shall be paid to the City, as
liquidated damages which the City will suffer by reason of the
default, and not by way of a penalty.
The time of completion as above set out shall determine the
date after which liquidated damages shall begin. In the event the
City Council should pass a resolution extending the time in which
the work shall be completed, such extension of time shall not void
the provisions for the assessment of liquidated damages above
described. The City Council, may however, for good cause shown,
such as unfavorable weather, material shortages, strikes, war, an
Act of God, or similar cause, waive the provisions for liquidated
damages and set a new date of completion, which date shall govern
the time when liquidated damages shall begin.
4. APPROVAL OF THE WORK AND COMPLETION OF CONTRACT.
The Contractor, upon the completion of said work and
improvement, shall notify the City Engineer of such fact. The
City Engineer and the City Manager shall thereupon inspect said
work and make a written report to the City Council, and the City
hereby agrees that upon the approval of said report, and provided
said work is completed in accordance with the terms of this
contract, it will make payment to the Contractor as hereinbefore
provided.
5. CONTRACT DOCUMENTS.
It is agreed between 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
file in the Office of the City Clerk, and all resolutions and
ordinances and proceedings by the City Council pertaining in any
detail whatsoever to the work included under this contract,
including the proposal submitted by the Contractor to the City
-2-
Council shall be and constitute integral parts of this contract as
though set out in words and figures herein.
6. INDEMNITY TO CITY.
Contractor agrees to file with the City prior to the
commencement of the work, a certificate of insurance naming the
City as a co-insured, showing that the Contractor has in force for
a period equal to the period of this contract a policy of general
liability insurance insuring the Contractor against liability for
personal injuries arising out of the contract in a minimum amount
of $100,000.00 for injury to any one person and $800,000.00 for
injuries received in any one incident and for property damage
arising out of the contract in the minimum amount of $100,000.00;
and the Contractor hereby binds himself to indemnify and save
harmless the City of Cape Girardeau from all claims, damages,
suits and actions of every name and description brought against
the said City for or on account of any injuries or damages
received or sustained by any parties or party by or from the acts
of the Contractor, or his servants or agents, in doing the work
herein contracted for, or by or in consequence of any negligence
in guarding the same, or on account of any improper materials
being used in construction, or by or on account of any act or
omission of the Contractor, or his servants or agents.
7. CONTRACTOR'S SURETY.
The Contractor agrees to file with 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 WAGES.
Contractor hereby agrees that he will pay all workmen
performing 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 Relations in Wage
Determination No. 89-016-0026 as attached hereto and incorporated
by reference as a part of this Contract. Contractor agrees that
he will comply with the provisions of the Prevailing Wage Law.
The Contractor hereby agrees that he will forfeit to the City
as 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 i s prohibited by the provisions of the
Prevailing Wage Law from working on a Public Works contract.
-8-
The Contractor hereby agrees that the City can withhold
payments under the terms of this Contract for any sums and amounts
due and owing as a result of any violation of the Prevailing Wage
Law.
9. NO WAIVER OF FUTURE BREACH.
The failure of either Party to insist, in any one or more
instances, on a strict performance of any of the terms or the
conditions of this agreement, or to exercise any right herein
contained, shall not be construed as a future waiver or a
relinquishment of said rights, terms or conditions, but the same
shall continue and remain in full force and effect. None of the
terms or conditions of this Agreement shall be altered, waived,
modified or abandoned in any manner except by written instrument
executed by both parties.
10. PARTIES BOUND.
This contract is binding upon the Parties hereto and their
successors and assigns.
IN WITNESS WHEREOF, the City of Cape Girardeau, Missouri, has
caused this agreement to be signed by its City Manager and
attested by its City Clerk, with the corporate seal of the City
and Steve D. Thiele d/b/a Thiele Concrete Finishing has hereto by
and through its authorized representative, affixed its name the
day and year first above written.
CITY OF CAPE GIRARDEAU, MISSOURI
ATTEST: J� onald Fischer, CiEy Manager
-�r
Ali,
Evelyn, . LeGra'nd, City Clerk
STEVE D. THIELE d/b/a THIELE CONCRETE
FINISHING
W
Steve D. Thiele, 0 n e r
ME
PREVAILING WAGE DETERMINATION
State Agency or Sub -Division Determination No.
City of Cape Girardeau -Engineering Div. 89-016-0026
Location of Project Date of Issue
City County March 2 2 , 1989
Cape Girardeau Cape Girardeau County
Supersedes Determination No.
Description of Work:
Leming Lane Extension -William St. To Schnuck's Parking Lot
Determination No. 89-016-00.26 is provided upon the request of
J. Kensey Russell
City of Cape Girardeau '
401 Independence
Cape Girardeau, MO 63701
in accordance with Section 290.260 RSMo (1986), within thirty (30) days after a certified copy of this
determination has been filed with the Secretary of State as indicated below, any person who may be affected by
this determination may object by filing an objection in triplicate with the Labor and Industrial Relations
Commission, P.O. Box 599,. Jefferson City, MO 65102. Such objections must set forth in writing the specific
grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor
Standards, P.O. Box 449, Jefferson City, MO 65102, and to the party which requested this determination,
pursuant to 8 CSR 20-5.010(1).
FOR. OFFICE USE ONLY
MAR 221989
Filed With Secretary Of State:
APR 211989
Last Date Objections May Be Filed:
MO 925-0148 (3-87)
STATE OF MISSOURI
~ ^� DE ITMENT OF LABOR AND INDUSTRIAL RELAII g
DIVISION OF LABOR STANDARDS
• � t,� - ♦A. !DX 60i
JEFFERSON CITY, MISSOURI 65102
JOHN /eSHCROFT XtA"514MO
wvc�no�
JERRY M. HUNTER
ocr+wndcw
or�ow
KEVIN DINHIDDIE
DIVISION
DIRECTOR
In accordance with your request for the prevailing hourly rate of wages for
workmen required to perform the project or construction contract identified•in
your request, and pursuant to Section 290.210 to 340 V.A.M.S., the Division of
Labor Standards, being duly informed and having fully considered the matter,
finds, determines, declares, and certifies to you and the public body you repre-
sent:
1. That the "Prevailing Hourly rate of wages°` means the wages paid general-
ly, in the locality in which the public works is beingperformed, to work-
men angaged in work of a similar character incluaing the basic hourly rate
of pay and amount of the rate of contributions irrevocably made by a con-
tractor or subcontractor to a trustee or to a third person pursuant to a
fund, plan or program and the amount of the rate of cost to the contractor
or subcontractor whicL may be reasonably anticipated in providing benefits
to workmen and mechanics pursuant to an enforceable commitment to carry out
a financially responsible plan or program which was communicated in writing
to the workmen affected, for medical or hospital care, pensions on retire-
ments or death, compensation for injuries or illness resulting from occuppa-
tional activity or insurance to provide any of the foregoing, for unemploy-
ment benefits, life insurance, disability and sickness insurance, accident
insurance, for vacation and holiday pay, for defraying cost of apprentice-
ship or other similar programs, or for other bona fide fringe benefits but
only where the contractor or subcontractor is not requireddby other federal
or state law to provide any of the benefits; provided, that the obligation
of a contractor or subcontractor to make payment in accordance with the
prevailing wage determination of the department, insofar as sections
290.210 to 290.340 are concerned, may be discharged by the making of pay-
ment in cash, by the making of irrevocable contributions to trustee or
third persons, as provided herein, by the assumption of an enforceable
commitment to bear costs of a plan or program as provided herein or any
combination thereof, where the aggregate of such payments, contributions
and cost is not less than the rate of pay plus the other amounts as provid-
ed herein.
2. That certified copies of this.determination will be filed immediately
with the Secretary of the State Of Missouri and in the files of this depart-
ment.
The Division is not authorized to fix wage rates. The applicable law allows it
to only ascertain what in fact are thf prevailing hourly wages for a given
craft in a given locality. A Locality is the county or coraties where the
project is to be constructed. The law provides that not less than the prevail-
zng hourly wages determined by the Division shall be paid by a contractor or
subcontractor. A higher wage rate may be lawfully paid.
Should objections be filed to any portion of this determination, such ob7'ection
or objections must be specific and filed in accordance with Section 290.260 of
the Prevailing Wage Law.
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: Heavy Constructio. Rates for CAPE GIRARDEAU.- County(s)
Basic
Fringe Benefit Payments
Crafts
Hourly
H & W
Pen.
Vac.
APP•Tng•
Others
Rates
CARPENTERS
(See attached sheet for more informatio
)
Journeymen
16.75
1.65
.75
.33
SD -.25
Millwrights
16.75
1.65
.75
.33
SD .25
Pile Driver Worker
16.75
1.65
.75
.33
SD .25
OPERATING ENGINEERS
(See atta.cbed sheet for Classifications
Group I
15.35
2.30
2.70
.32
Group II
15.00
2.30
2.70
•32
Group III
14.80
2.30
2.70
.32
Group IV
13.95
2.30
2.70
.32
LABORERS
.(See attached sheet for Classifications
Laborers
14.65
1.40
1.65
.10
._General
Skilled Laborers
15.25
1.40
1.65
.10
TRUCK DRIVERS -TEAMSTERS 1.75 2.00
Teamsters - (See below for Rates)
CLA.SSIFICATICNS RATE CLASSIFICATIONS RATE
Flats-�Siingle Axle 14.58 Tank on - 1ETe_m e 1=
Flat Bed Trucks - Tandem Axle 14.73 Tank Wagon - Semi -Trailer 14.85
Station Wagons 14.58 Insley Wagons, Danpsters, Half -
Pickup Trucks 14.58 Tracks, Speedace, Ruclids &
Material Trucks - Single Axle 14.58 other similar equipment 14.8 5
Material Trucks - Tandem Axle 14.73 A -Fume & Derrick Trucks 14.8 5
Semi and /or Pole Trailers 14.85 Float or Law Hoy 14.85
Winch, Fork & Steel Trucks 14.85 Warehousemn 14.4 8
Distributor Drivers & Operators 14.85 *Tiremn, Oiler & Greaser
Agitator & Transit Mix -Trucks 14.74 Station Attendant on Const.
Tank 'Wagon - -Single- Axle 14 ; 5 8. ' **Mechanics
*The wage rate for Tiremn; Oiler & Greaser,. Station Attendant on Construction shall be the
same as the wage rate for the oiler in the operating engineers schedule, except operating
engineer fringe benefits over and above any applicable teamster benefits shall be added to
teamster wages.
**The Wage rate for Mechanics in the teamsters schedule shall be the same as Mechanics in
the operating engineers schedule, except that operating engineer fringe benefits over and
above any applicable teamster benefits shall be added to teamster wages.
The shift pay differential - swing shift twenty-five cents (25¢) per hour, graveyard shrift
fifty cents (500) per bm=, above regular rates.
OVERTIME RATE: Workmen shall be paid one & one-half (111) times the regular rate of wages
for all hours worked in excess of eight (8) hours per day (if.working 5-8's), or ten (10)
hours per day (if working 4-101 s), or forty,(40) hours per creek, Monday through Friday.
For all time worked on Saturday (unless Saturday is used as a- make-up day) or Sunday,
time & one-half (1;1) shall be paid.
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^/®/'1®1/:, CERTIFICATE F INSURANCE ISSUE DATE (MM/DD/YY)
07-21-89
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
CAPE INSURANCE AGENCY, INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P.O. BOX 561 COMPANIES AFFORDING COVERAGE
CAPE GIRARDEAU, MO 63701
COMPANY A
LETTER
CODE SUB-CODE
COMPANY B
INSURED LETTER
CO
LTR
A
A
THIELE CONCRETE FINISHING CO. COMPANY
2355 RUSMAR LETTER C+
CAPE GIRARDEAU, MO 63701 COMPANY
LETTER D
COMPANY E
LETTER
AMERICAN STATES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION!
ALL LIMITS IN THOUSANDS
DATE (MM/DD/YY) DATE (MM/DD/YY)
GENERAL LIABILITY
GENERAL AGGREGATE
$
1 000
X COMMERCIAL GENERAL LIABILITY `
PRODUCTS-COMP/OPS AGGREGATE $
,
1 000
CLAIMS MADE X OCCUR.; 01—CC-284220-1
01-19-89 01-19-90
PERSONAL & ADVERTISING INJURY
$
1,000
OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE
$
1 , 000
FIRE DAMAGE (Any one fire)
$
50
MEDICAL EXPENSE (Any one person)
$
_
5
AUTOMOBILE LIABILITY
COMBINED
SINGLE $
ANY AUTO
LIMIT
ALL OWNED AUTOS
BODILY
INJURY $
SCHEDULED AUTOS
(Per person)
HIRED AUTOS
BODILY
INJURY $
NON -OWNED AUTOS
(Per accident)
GARAGE LIABILITY
PROPERTY $
DAMAGE
EXCESS LIABILITY
EACH
AGGREGATE
OCCURRENCE
$ $
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
STATUTORY
WC -316296-1 01-19-89 01-19-90 $ 100 (EACH ACCIDENT)
$ 500 (DISEASE POLICY LIMIT)
$ 100 (DISEASE—EACH EMPLOYEE)
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
PAVING OF LEMING LANE
ADDITIONAL INSURED: CITY OF CAPE GIRARDEAU, 401 INDEPENDENCE
CERTIFICATE HOLDER CANCELLATION
CITY OF CAPE GIRARDEAU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
401 INDEPENDENCE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
CAPE GIRARDEAU, MO 63701 MAIL 15 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
ACORD 25-S (3/88)
AUTHORIZED REPRESENTATIVE
OACORD CORPORATION 1988