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Home My WebLink AboutRES.471.11-20-1989 BILL N0. 89-229 RESOLUTION N0. A RESOLUTION AUTHORIZING THE CITY MANAGER TO E�TER INTO A CONTRACT WITH RELI ELECTRIC COMPANY FOR NEW LIGHTING IN THE A. C. BRASE ARENA BUILDING 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 Reli Electric Company for new lighting in the A. C. Brase Arena Building. A copy of said Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS �O�h DAY OF �OVein��^ ► 1989 . .� Fr ncis E. Rhodes,' Mayor ATTEST: Q . ,� o�� Juli A Dale Depu y City Clerk i. . I �� A.C. BRASE ARENA BUILDI[�IG INEW LIGHTING This Contract made and entered into this day of , ( 1989, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, acting by and through its City Manager, as authorized by the City Council, hereinafter called the "City", and , authorized to do business in Missouri, hereinafter called the "Contractor"' ; IWITNESSE'IH: I1. 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 Ilabor and services, and to furnish all of the materials and equipment necessary to canplete this contract in accordance with the terms, conditions and provisions thereof, including the Contract I�cuments, which are hereto attached ( and made a part of this Contract. The work of the i�nprovement shall consist of the follawing: I Furnish and install new lighting in the A.C. Brase Arena Building in canpliance with the specifications and drawings. I 2. PAYMENT. Payment for said improvement shall be made at the price bid by the Contractor, as set out in the BID FORM, which is attached hereto and made a I part hereof, and shall be full cori�ensation for furnishing and installing the WORK camplete in place, including all labor, equipment, materials, accessories and incidentals. The total payrnent is as follows: I Payment to the Contractor shall be made from the general revenue of the ICity with monthly estimates to be made to the Contractor for w�ork cor�leted, - less ten per cent (10�) retainage. Final payment to be made within ten (10) days of final acceptance of the work by the City Council. I3. COI�TrRACT TIME-LIQUIL�ATED �GES-EXTENSION OF TIME. � The Contractor hereby agrees to begin said work and improvement not later than ten (10) days after the execution of this contract and hereby agrees to " substantially complete the same not later than January 26, 1990. The �rk shall be ccxnpleted not later than February 8, 1990. The contractor shall � schedule work around activities at the site with the awner to maintain - lighting at all times. No activities are scheduled at the site fran Januar.y 8 through 26, 1990, except BINGO on January 8,15, & 22, 1990 at 6:00 p:m. � Time of completion is of the essence of this contract and should the Contractor fail to ccxnplete 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 fu11 extent or the amount of damage under the ordinary rules of evidence. I It is therefore understood and agreed by and between the parties hereto that the payment by the Contractor to the City of the si.mi of One Hundred Dollars ($100.00) per day for every day, except Sundays -and holidays, the contractor fails to substantially ccanplete the work to be done under this contract as. liquidated damages which the City will suffer by reason of the default, and not by way of a penalty. It is also understood and agreed by and between the parties hereto that the payment by the Contractor to the City of the s�n of One Hundred Dollars ($100.U0) per day for every day, except Sundays and holidays, the contractor fails to ccznplete the work to be done under this contract as liquidated da�nages 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 campleted, such extension of time shall not void the provisions for the assessment of liquidated damages above described. The City Council, may hoc�ever, 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 ccmpletion, which date shall govern the time when liquidated damages shall begin. 4. APPROVAL OF 1�iE i�RK AND CCMPLETION OF CONTRACT. The Contractor, upon the canpletion of said work and i�rovement, shall notify the �gineer of such fact. The �gineer 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 we�rk is completed in accordance with the terms of this contract, it will make payment to the Contractor as hereinbefore provided. 5. CONTRACT DOCUMEI�TTS. 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 BID FORM suYanitted by the Contractor to the City Council shall be and constitute integral parts of this contract as though set out in wr�rds and figures herein, 6. INDEhiIVITY 'Il� CITY. . Contractor agrees to file with the City prior to the comnencement 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 minimt.un amount of $100,000.00 for injury to any one person and $800,000.00 for injuries received in any one accident and for property damage arising out of the contract in the minimtun amount of $100,000.00; and the Contractor hereby binds himself to indemnif y and save ha ��less 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 anission of the � Contractor, or his servants or agents. 7. CONTRACTOR'S SURETY. � The Contractor agrees to provide a notarized Waiver of Lien for all materials and labor for the project to the City prior to receiving payments for � the Work. 8. NO F�IVER OF FUNRE 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 conditlons or this Agreement shall be altered, waived, modified or abandoned in any manner exceot by written instn�nent executed by both parties. � 9. PARTIFS BO(JND. � 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 � agre�nent to be signed by its City Manager and attested by its City Clerk, with the corporate seal of the City and has hereto by and through its authorized representative, affixed its name the day and year � first above written. CITY OF CAPE GIRAFtDEAU, MISSOURI � ATTEST• J. Ronald Fischer, City Manager � • Evelyn G. LeGrand, City Clerk � � (�d Name & Title of Signer) � ATTEST: � (Typed Name & Title of Signer) � ( ( 4. BIDDER will complete the Work as listed below: a: BASE BID: BIDDER will complete the new lighting work for the A.C. Brase Arena Building for the following LUMP SUM CONTRACT PRICE: THIRTY OI� THOUSAND AND NO CEN'I'5-----=------------- ($ 31,000.00 ) use words (figures) b: ALTERNATE N0. 1: If the d�1NER elects to require that the (15} Lithonia 'H` 10�,wa0001ight light fixtures be deleted and the (15) Musco 'P' type► fixtures with multi-watt controls be added, tlze BIDDER will complete the Y,brk for the following addition to the BASE BID: � FIGHT THOUSAND O1VE HUNDRID DOLLARS �TD NO C�.'�------- ;$ sloo.00 . use words (figures) 5. BIDDER agrees that the Work will be substantially canplete and cornpleted and ready for final payment in accordance with paragraoh 14.13 of the General Conditions on or before the dates or within the n�r5er of calendar days indicated in the Agreement. 6. The following documents are attached to and made a condition of the Bid: : (a) Required Bid Security in the fonn of 7. Coamunications concerning this Bid shall be addressed to: � � 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract mc�snents have the meanings assigned to them in the General Conditions. SUBMITTED on , 19 • IF BIDDER is: An Individual �g�,) gy r (Individual's Name) doing business as Business Address: Phane No.: 2 i A Partnership �5�� N/A (Firm Name) (General Partner) Business Address: Phane No.: A Corporation � gy RELI ELECiRIC COMPANY (Corporation Name) MISSOURI �� (state of inc ratlio \\ } ; BV BECKY A. HELTER � ��,Sc ��,�,�U�� =— � (Name of person authorized.�6 sigri� : • PRES IDIIVT �� (Titl�) � (Corporate Sea1) � � (� 1 � � ' Attest � \ � �� \ (Secreta�-y Business Address: 2�55 RUST AVE.�I[JE Cn.PE GIRARDEAU, M0. ' I Phone No.: 314-335-0660 A Joint �Ienture By (Name) (Address) � (Name) ; (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be � in the manner indicated above) . � { � 3 .";}"� . 1 PREVAILlNG WAGE DETERMINATION State Agencdy or Sub-Division Determinatiqn No. Cape G�.rar f'.3i1 Parks & Recreation nept. 89-016-U049 Location of Project Date of Issue �apye Girardeau C��p� Girardeau County June 2 3 , 19 8 9 . Supersedes Determination No. CDescription of Work: :� Re-lighting of i:he A.C. Drase Arenr� Building � ;; 89-016-0049 Determination No. is provided upon the request of T1iomAs 1I. Strickland Strickland �ngineering P.O. Box 159 Jnckson, MO 63755 In accordance wifh 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 objeciion in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefierson City, MO 6�102. Such objections must set fo�th in writing the specific grounds of objecfion. Each objection shalt 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 defermination, pursuant to 8 CSR 20-5.010(1). � �' FOR OFFICE USE ONLY � Fi(ed With Secretary Of State: JUN 28 �9ag J U L 2 � 1989 �•.Z� ,��af'' - Last Date Objections May Be Filed: MO 625-0149(�-87)