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HomeMy WebLinkAboutRES.656.08-05-1991 BILL NO. 91-169 RESOLUTION NO. �S�" A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH PENROD PAINTING COMPANY FOR MISCELLANEOUS STEEL REPAINTING AT THE WASTEWATER TREATMENT PLANT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS; ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to enter into a Contract with Penrod Painting Company for miscellaneous steel repainting at the City of Cape Girardeau Wastewater Treatment Plant. A copy of said Contract is attached hereto and made part hereof. PASSED AND ADOPTED THIS .5�.�� DAY OF , 19 9� . . , rancis E. Rhodes, Mayor ATTEST: Jul ' e . Dale, Depu y City Clerk CONTRACT = 'Z. This Contract made and entered into this �`;� � day of _� �.�, , y�F;��`-' , 1991, by and between the City of Cape Girard¢r�u, Missouri, a Municipal Corporation, hereinafter called "City" ''or "Owner" and Penrod Painting Company, hereinafter called "Contractor" . WITNESSETH: 1. DESCRIPTION OF WORR. 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 the miscellaneous steel repainting at the City of Cape Girardeau Wastewater Treatment Plant in accordance with the drawings, specifications and other contract documents. 2 . PAYMENT. Payment for the work to be performed by Contractor as herein provided, shall be made at the unit price bid per unit by Contractor, as set out in his Proposal, and shall be full compensation for all work to be performed under the contract. The estimated total payment is Thirty-Seven Thousand Four Hundred Eighty Dollars ($37 , 480. 00) . Progress payments may be made monthly. By the 20th day of each month during the progress of the work, Contractor shall submit a statement of the total amount of work then done, and of the value thereof at the prices named in Contractor's Proposal. The City Engineer shall review such statements for accuracy and shall deduct ten per cent (10%) and all sums previously paid or rightfully retained under this contract, and shall certify the proper amount due. Final payment will be made after City has determined that the work has been finally completed in accordance with the contract, and after Contractor has presented the City with an affidavit or, when requested, other evidence that all bills for labor, materials, and equipment have been paid. It is hereby stipulated and agreed that the total amount to be 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. Contractor shall begin work on the contract no later than twenty (20) days after the award of the contract and shall have a . maximum of one hundred sixty (160) calendar days to procure all necessary materials and equipment and complete all work. The time limit stated herein supersedes the bid specifications and other bid documents. Contractor shall complete such work items as are practical during the period allowed for procurement of materials ' and equipment so as to facilitate the completion of all work within the specified time. Time of completion is of the essence of this contract and should 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 City, but that it will be difficult, if not impossible for the City to establish either the full extent or the amount of damages under the ordinary rules of evidence. It is therefore understood and agreed by and between the parties hereto that the payment by 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. Contractor hereby agrees that the City can withhold payments under the terms of this contract for all sums and amounts due and owing as liquidated damages. 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 extend 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 the reasons set forth on Page S-3 of the Specifications, 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 . COMPLETION OF CONTRACT--APPROVAL OF WORK. Contractor, upon completion of the contract work, shall notify the City Engineer of such fact. The City Engineer shall thereupon inspect the work and make a written report to the City Manager, and City hereby agrees that upon the approval of the report, and provided the work is completed in accordance with the terms of this contract, it will make final payment to the Contractor. 5. CONTRACT DOCUMENTS. It is agreed between the parties to this contract that all documents set forth and titled "Specifications and Documents Cape Girardeau, MO; Sewerage Improvements, Miscellaneous Steel Repainting, May, 1991" and all documents referenced therein, and the Proposal submitted by Contractor shall be and constitute , - 2 - integral parts of this contract as though set out in words and figures herein. 6. INSURANCE REQUIREMENTS AND INDEMNITY. Contractor agrees to file with the City, prior to the commencement of the work, a Certificate of Insurance naming the City as coinsured, showing that the Contractor has in force for a period equal to the period of the contract a policy of general liability insurance, a policy of comprehensive automobile liability insurance, and a policy of contractual liability insurance, insuring Contractor against liability in the minimum amount of $1, 000, 000. 00 for all claims arising out of a single accident or occurrence and in the minimum amount of $100, 000. 00 for any one person in a single accident or occurrence. Contractor hereby binds himself to indemnify and save harmless the City of Cape Girardeau, Missouri, from claims, demands, suits and actions of every name and description brought against the 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. PAYMENT AND PERFORMANCE BONDS. Contractor agrees to file with the City bonds with corporate surety for the faithful performance of this contract and for the payment of all materials, labor and other items as set forth in Section 107 . 170 RSMo 1986 in an amount equal to the total contract price, and with such surety as will be satisfactory to the City. 8. PREVAILING WAGES. Contractor 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 Missouri Department of Labor and Industrial Relations in the Wage Determination set forth in the contract documents. Contractor agrees that he will comply with the provisions of the Prevailing Wage Law. Contractor hereby agrees that he will forfeit to the city as a penalty the sum of Ten Dollars ($10 . 00) for each workman employed, I 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. - 3 - 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 public works contract. Contractor hereby agrees that the City can withhold payments under the terms of this contract for all sums and amounts due and owing as a result of any violations of the Prevailing Wage Law. 9. NO WAIVER OF FUTURE BREACH. Failure of either party to insist, in any one or more instances, on a strict performance of any of the terms or 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 WIiEREOF,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 Penrod - 4 - Painting Company has hereto by and through its authorized representative, affixed its name the day and year first above � written. CITY OF CAPE GIRARDEAU, MISSOURI / 4 �-�'." � , �f-/�'L� ATTEST: / onald Fischer, City Manager f Julie . Dale, Deputy City Clerk PENROD PAINTING COMPANY �. /,��t D. Randy Penr d, President ATTEST; . ?�.� i �'�i , :.1 ; _. . ` �-' � , r , _ ; f r '. ,_::`.�' Bruc�Fee, Secr�tary - 5 - CAPE GIRARDEAU, MISSOURI MISCELLANEOUS STEEL REPAINTING PROPOSAL . (payment By City Directly To Contractor - No Tax Bills Issued To Contractor) Cape Girardeau, Missouri , May 23 , 1991 MISCELI.ANEOUS STEEL REPAINTING AT THE CITY OF CAPE GIRARDEAU WASTEWATER TREATMENT PL�T � To the Honorable Mayor and Council ' of the City of �apE Girardeau, Missouri Gentlenen: In response to the advertisement cal_� nc�rforltbidslefor i published in the SoutheaandMrepainting of various steel Paand the blasting, cleaning� rimary and fina� clarifiers, of ''�-he inlet structure, P Wastwate� Treatment Plant, sludge thickener at the existing the undersigned hereby proposes to f�'�ish all labor, 1 nent and all else necessary to begin work material, and equ � p the within ten (l0) days after the award of the contract by City Council, and toth�theelawshand�ordinancescpertainingayto and in accordance W1 unit prices• the work, for the following ' Unit Cost 1, Blasting, Cleaning, and Repainting of Varlous Lump Sum $ 37 , 480 . 00 Steel Parts . I have enclosed herTcent (5�)roffthe bidckpayabl edto the in the amount of five PeMissouri, as a guarantee that I will , City of Cape Girardeau, da s enter into contract if awarded the contractTovidednfor�by Ordinance for an amount and execute a bond as p a ent egual to the amount of the abov�heiCitna will acceptetpon� o the work and its acceptance by � of Cape from the General RevnueeSharingfFundsCofy the CC�ty Girardeau or from Federal Reve Girardeau. The undersigned hereb� agrees to do the work in conformity with special provisions, and all ordinances of the thereto, including the payment of all labor City pertaining ired by law and ordinances. at the scale of wages as requ P-1 ' • � � The contractor hereby states that he has not been convicted of a violation of the Prevailing Wage Law . and is not prohibited from contracting with the City of Cape Girardeau for the construction of this public works pro�ect under such Prevailing Wage Law. PENROD PAINTING C0. ' . FI� � , _ ��i � UTHORIZED IGNATURE D. Randy Penrod President CORPORATE SECRETARY . � . (CORPORATE SEAL) C ������ . `�.J Bruce Fee Secretary P-2