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Home My WebLink AboutRES.507.03-19-1990 BILL N0. 90-66 RESOLUTION N0. J 0 7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MONROE PLUMBING & HEATING C0. FOR SEWERS IN LATERAL SEWER DISTRICT N0. 14-1-B-3, KAGE HILLS EAST 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 Monroe Plumbing & Heating Co. for sewers in Lateral Sewer District No . 14-1-B-3, Kage Hills East . A copy of said Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS �� DAY OF � , 19� i�- - � �,,,f��'i� , . :i �/�/� Francis E, Rhodes , Mayor ATTEST: � Julie al Deput City Clerk CONTRACT This Co tract made and entered into this G�3� day of , 1990 , by and between the City of Cape Girardeau, Missouri , a Municipal Corporation, acting by and through its City Manaqer , as authorized by the City Council , hereinafter called the "City" , and Monroe Plumbinq & Heating Co . , 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 aeneral 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 construction of a sanitary sewer eight ( 8) inches in diameter along with manholes , wyes , pavement restoration and other necessary appurtenances to serve Lateral Sewer District No . 14-1-B-3, 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 storm drains, complete in place, including all labor , equipment , materials , accessories and incidentals . The estimated total payment is Forty-Two Thousand Two Hundred Thirteen Dollars ($42, 213 . 00 ) . 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 ( 10� ) 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 award of this contract to begin said work and improvement and shall have an additional sixty ( 60) 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 damaqes 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 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 -2- City as a co-insured, showinq 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 $1 , 000, 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 doinq 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 . 90-016-0025 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 is prohibited by the provisions of the Prevailing Wage Law from working on a Public Works contract . 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 . -3- � 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 Monroe Plum�ing & Heating Co . has hereto by and through its authorized representative, affixed its name the day and year first above written . CITY OF CAPE GIRARDEAU, MISSOURI � �� ,,/,�� `�1�� ATTEST: ` onald Fischer , City Manager ;' . (�t, Jul ' e . Dale Deput� City Clerk MONROE PLUMBING & HEATING CO ;_.�_ ��{, �;c�,��:�� . �--�-�� L..,1 1 ) ��, � �_ ,�,4_ c Daniel H. Monroe, President ATTEST: � � Jo n onroe, Secretary -4- .�:. �1 1� PREVAILING WAGE DETERMINATION State Agency or Sub-Division Determination No. City of Cape Girardeau-Fngineering Div. 90-016-0025 Location of Project Date of Issue Cit County January 31, 1990 Cape Girardeau Cape Girardeau County Supersedes Determination No. Description of Work: Construci:ion of JC Pipe & Etc. -i�age Hills Sewers-East 90-016-0025 Determination No. is provided upon the request of J. Kensey Russell City of Cape Girardeau 401 Independenre St. Cape Girardeau, MO �3702 In accordance with Section 290.260 RSMo (1986), within thi�ty (30) days atter 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, Jeiferson City, MO 65102. Such objections must set forth in writing the specific g�ounds of objection. Each objection shall certify ihat a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefterson City, MO 65102, and to the party which requested this determination, pursuant to 8 CSR 20-5.010(1). • ��t��,, FOR OFFICE USE ONLY . � � '' � � � � �� J"��! 3 � 1�� Filed With Secretary Of State: — %:.� �� :;,.= ...7'' Last Date Objections May Be Filed: ?�1qR ;� 1�9� � "` •..y. ,.-..,.�, _ MO 625-01a9(3-87)