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HomeMy WebLinkAboutRES.540.07-02-1990 BILL N0. 90-158 RESOLUTION N0. 5 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PAVING CONTRACT WITH APEX PAVING C0. FOR THE 1990 STREET OVERLAY PROGRAM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: ARTICLE l . The City Manager , for and on behalf of the City of Cape Girardeau, Missouri , is hereby authorized to enter into a Paving Contract with Apex Paving Co, for the 1990 Street Overlay Program, A copy of said Paving Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS z� DAY OF , 19�_, �� e�, r David S . Limbaugh, Mayor ' ro Tem ATTEST: . � Jul e A. Dal e De y City Clerk PAVING CONTRACT This Contract made and entered into this � C -� {� day of _ , 1990 , by and between the City of Cape Girard u , issouri , a Municipal Corporation , acting by and through its City Manager , as authorized by the City Council , hereinafter called the "City" , and Apex Paving Co . , a Missouri Corporation , authorized to do business in Missouri , hereinafter called the "Contractor" ; WITNESSETH : l . 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 , including the Ccntract Documents , which are hereto attached and made a part of this Contract . The work of the improvement shall consist of the following: l . BROADWAY - From the east line of Pacific to the east line of Lorimier , mill 1 1/2" and place 1 1/2" overlay. No manholes are intended to be adjusted on this street . Extend milling and overlay into each street 8 ' on each side . Total feet 2 , 586 . 2 , PARKVIEW DRIVE - From the west side of West End Boulevard to the east line of Perry Avenue. Place 1 " wedge course and 1 " . overlay 22 ' wide . Total feet 1 , 325 . 3. MISSOURI AVENUE - From the north line of Parkview Drive to the edge of the existing P. C. C. pavement . Mili 20 ' x 18" area next to existing concrete pavement as an extended header cut . Place 1 " wedge course and 1 " overlay 18 ' wide. Total feet 163. 4 . JEFFERSON STREET - From the west line of Ellis to the west line of Benton. Remove 20 square yards of ailigatored pavement as directed by the Engineer for 0 . 2' depth and replace with asphalt . Remove and replace 10 L. F. of curb and gutter as directed by the Engineer . Mill north side between Pacific and Benton 5 ' wide next to gutter . Place 1 " wedge course and 0 . 5" surface course . Total feet 815 . 5 . MIDDLE STREET - From the north line of Jefferson to the south line of Morgan Oak . Repair 2 X 10 qravel patch with 0 . 2 ' asphalt . Mill 3' width next to grate inlet on west side of street . Place 1 " wedge course and 0 . 5" surface course . Total feet 356 . 6 . DENNIS SCIVALLY PARK - Overlay 14 ' wide roadway with 2" asphalt for 516 feet . Place asphalt curb on the west side of the road only ( 507 linear feet ) , Place 3" asphalt parking lot , 30 X 91 area and place asphalt curb around the perimeter ( 151 linear feet ) . in accordance with said Contract Documents , including all necessary drainage work , curbs and gutters , and all other necessary appurtenances , 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 anc� incidentals . The estimated total payment is Eighty-Nine Thousand Six Hundred Two Dollars and Sixty-Six Cents (�89 , 602. 66 ) . 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 tc 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 Or TIME. The Contractor hereby agrees to begin said work and improvement not later tnan ten ( 10) days after the execution of this contract and hereby agrees to complete the same not later than October 1 , 1990 . Time of completion is of the essence of this contract and should the Contractor fail to complete the work witnin 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 tne City to estabiish 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 b 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 - 2- 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 . 9 . 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 centract 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 shali 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 ir.surance 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 �1 ,000 ,000 . 00 for injuries received in any one accident and for property damage �u' LIS1;iC3 Out Cf trlE COri�raCt iil �`.�lE Tilliii�T�llJi'i aTi�U11t Of �I �D ���� . L'� ; 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 . - 3- 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 . 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 . 9 . 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 Apex Paving Co . has hereto by and through its authorized representative , affixed its name the day and year first above written . CITY OF CAPE GIRARDEAU, MISS,OURI / i y,•� � ����� .��- �---.= ATTEST: ,,. onald Fischer , City Manager Juli A. Dale Depu y City C? erk APEX PAVING-,,CO. , 1 , � � / �, IGG�C��/'�'-� � l ;% �Joe Regenhardt, Vice President Type Name & Title of Signer ] ATTEST: � r'�=; �:�, ��� , -_ 1 c r�. Se�„=tarv Typed Name t� Title of Signer - 4- � � � � � NOTICE TO BIDDERS CITY OF CAPE GIRARDEAII, MISSOURI 1990 STREET OVERLAY PROGRAM IN THE CITY OF CAPE GIRARDEAU Sealed proposals will be received at the Office of the City Engineer, City Hall, 401 Independence Street, Cape Girardeau, Missouri 63702-0617 , until 10: 00 A.M. , June 21, 1990, for the 1990 STREET OVERLAY PROGRAM in the City of Cape Girardeau. Proposals will be publicly opened and read aloud on June 21, 1990 at 10 : 00 A.M. in the Office of the City Engineer. The Contract provides for the furnishing of all labor, equipment, and materials necessary for the improvement and construction required per the improvement plans. Specifications, proposal form, and contract for said program may be seen in the Office of the City Engineer, City Hall , 401 Independence Street, Cape Girardeau, Missouri 63702-0617 . All wages paid for work under this Contract shall comply with requirements of the prevailing wage law of the State of Missouri, Sec. 290. 210 through 290 . 340, R. S. Mo. 1978 , as amended. A certified check on a solvent bank or a bid bond in an amount of Seven thousand and five hundred dollars ($7 , 500 . 00) must accompany each proposal . � B�:.a��%� '�1 i �J. Ronald Fischer City Manager City of Cape Girardeau, MO June 3 , June 4 , June 5, June 6, June 7 PROPOSAL Cape Girardeau, Missouri .TnnP �1 � 1990 PROPOSAL FOR THE 1990 STREET OVERLAY PROGRAM IN THE CITY OF CAPE GIRARDEAU, MISSOURI To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Gentlemen: In response to the advertisement of your City Clerk, published in the Southeast Missourian, calling for bids for the 1990 Overlay Program, as listed on the attached sheet, the undersigned hereby proposes to furnish all labor, material , and equipment and all else necessary to begin work within ten (10) days after the award of the contract by the City Council, and to complete the work by October 1, 1990, all under the direction of the City Engineer, or his duly appointed representative. Said work to conform to the attached "Specifications for 1990 Street Overlay Program, City of Cape Girardeau, Missouri" , and to furnish all material and equipment in such quantity and of the quality as ordered, and for the following unit prices: A. STREETS Unit Unit Cost Cost 1. Milling 11, 608 S .Y. $ 2- Qo $ 23,21C�_OJ 2 . Pavement Removal ( . 2 ' depth) 20 S.Y. $ �,�o $ Ioo,�,G 3 . Liquid Asphalt, SS-1, of penetration as ordered, applied as directed with distributor or hand spray, measured in distributor. 1, 921 Gal. $ l.Z S $ 2 4 �I.�Z� 4 . Hot-mix Asphalt Concrete, Type C as specified by Section 403 of the Missouri standard Specifications for Highway Construction for the year 1986 , surfacing and leveling course, including delivery to the job, with mechanical spreader or hand raking, including rolling. 1, 655 Tons $ 34.00 $ �Co 27�_O� 5. Curb & Gutter, remove & SOp_�D replace 10 L. F. $ JO_00 $ SUBTOTAL $ aZa�'g7�Zs Proposal 1990 Overlay Program Page 2 B. DENNIS SCIVALLY PARK 1. Asphalt 136 Tons $ ��0-23 S 4 �iz-�.Z� 2 . Tack Coat 171. 3Ga1 . $ � -2� $ Z��}'- � 3 3 . Asphalt Curb 65s L. F. S 3.�� $ i ��4.00 SUBTOTAL $ �7 1 � 5_4� TOTAL BID FOR A AND B $ 8S, �oDZ_�f�, I have enclosed herewith a certiiied check or bid bond in the amount of seven thousand five hundred dollars ($7 , 500 . 00) , payable to the City of Cape Girardeau, Missouri, as a guarantee that I will , if awarded the contract, in ten (lo) days enter into contract and execute a bond as provided for by Ordinance for an amount equal to the amount of the above bid and upon completion of the work and its acceptance by the City, will accept payment from the General Revenue Fund of the City of Cape Girardeau or from Federal Revenue Sharing Funds of the City of Cape Girardeau. The undersigned hereby agrees to do the work in conformity with current special provisions, and all ordinances of the City pertaining thereto, including the payment of all labor at the scale of wages as required by law and ordinances. 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 project under such Prevailing Wage Law. APEX PAVING C0. FIRM Q �� � AUT IZED SIGNATURE .� , � '�;_ �� � � CORPORATE SECRETARY r �C RPOI2ATE SEAL) 1990 OVERLAY STREET LIST LENGTH (FEET) l. BROADWAY - From the east line of Pacific to the east line of Lorimier, mill 1 1/2" and place 1 1/2" overlay. No manholes are intended to be adjusted on this street. Extend milling and overlay into each street 8 ' on each side. 2 , 586 2 . PARKVIEW DRIVE - From the west side of West End Boulevard to the east line of Perry Avenue. Place 1" wedge course and 1" overlay 22 ' wide. 1, 325 3 . MISSOURI AVENUE - From the north line of Parkview Drive to the edge of the existing P. C.C. pavement. Mill 20 ' X 18" area next to existing concrete pavement as an extended header cut. Place 1" wedge course and 1" overlay 18 ' wide. 163 4 . JEFFERSON STREET - From the west line of Ellis to the west line of Benton. Remcve 20 square yards of alligatored pavement at directed by the Engineer for 0. 2 ' depth and replace with asphalt. Remove and replace 10 L. F. of curb and gutter as directed by the Engineer. Mill north side between Pacific and Bento:, 5' wide next to gutter. Place 1" wedge course and 0 . 5" surface course. 815 5. MIDDLE STREET - From the north line of Jefferson �o the south line of Morgan Oak. Repair 2 X l0 gravel patch with 0 . 2 ' asphalt. Mill 3 ' width next to grate inlet on west side of street. Place 1" wedge course and � 0 . 5" surface course. 356 6 . DENNIS SCIVALLY PARK - Overlay I4 ' wide roadway witr, 2" asphalt for 5i6 feet. Place aspnalt curb on tr.e west side of the road only (507 linear feet) . Place 3" asphalt parking lot, 30X91 area and place asphalt curb around the perimeter (151 linear feet) . L' PREVAILING WAGE DETERMINATION State Agency or Sub-Division Determination No. City of Cape Girardesu-Engineering Div. 90-016-0044 Location of Project Date of Issue City County �y 17, 1990 Cape Girardeau Cape Girardeau County Supersedes Determination No. Description of Work: 1990 Asphalt Overlay & Milling on r,xisting Surface St:reets 90-016-0044 Determination No. is provided upon the request of � J. Kensev Russell � City of Cape Girardeau 401 Independence Cape Girardesu, MO 63701 In accordance with Section 290.260 RSMo (1986), within thirty (30) days after a certified copy of this � determination has been tiled with the Secretary of State as indicated below, any person who may be aftected by this determination may object by filing an objection in triplicate with the Labor and Industrial Relaiions Commission, P.O. Box 599, Jefterson City, MO 65102. Such objections must set Torth 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 f�1�1Y 17 19G0 Filed With Secretary Of State: Last Date Objections May Be Filed: ��� 1 �- 1�.� . �' i,n0 625-07<9(3-87) STATE OF MISSOURI DONNA n�.WHI7E DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS D[��/T�fw1 DIVISION OF LABOR STANDARDS ��.�=*a �O s0[l!G JEFFERSON CITY, MISSOURI 651 O2 KEvirr DiNWIDDIE JOHN ASHCROFT �+ane�-�aG� y,.,..o„ oOvc.+w D��[Cip� 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 RSMo, the Division of Labor 5tandards, being duly informed and having fully considered the matter, finds, determines, declares, and certifies to you and the public body you represent: 1. That the '�Prevailing Hourly rate of kages" means the �,ages paid general- ly, in the locality in which the public works is being performed, to work- men engaged in worK of a similar character includir,g the basic hourly rate of pay and amount of tne 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 ��t� �� cost to the contractor or subcontractor whic�i may be reasonably anticipated in �roviding benefits to workmen and mechenics pursuant to an enforceable comnitment to carry out a financially responsible plan or progrem which was communicated in writing to the workmen affected, for medical or hospital care, pensions on retire- ments or death, compensation for ir.juries or illness resulting from occupa- tional activity or insurance to provide any of the foregoing, for unemploy- ment benefits, �ife insurance, disebility and sickness insurance, accident insurance, for vacation end holiday pay, for defraving cost of apprentice- ship or other siroilar programs, or for other bona fide frin�e benefits, but only where the contracter or subcontractor is not required by 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 �revailing wage determination of the department, insofar as sections 90. 210 to 290. 340 are cor.cerned, msy be discharged by the making of pav- ment in cash, by the making of irrevocable contributions to trustee or third persons, as provided herein, by the assumption of an enforceable commit�nent 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 kill be filed immediately with the Secretsry of the S�ate of Missouri and in the files of tnis depart- ment. The Division is not authorized to fix s.age rates. The applicable law allows it to only ascertain what, in fect are the� �re��ailing hourly wages for a given Crfli� 111 fi g1L'eii ZOC&li�V. � ���C8�1�}� 15 ��:e C011:ltV C�" COLI7t225 where the �roject is to be constructed. The law provides that not less than the prevail- ing hourly wages deterroined by the Divis�on shall be paid by a contractor or subcontractor. A higher wage rate may be lak�fully paid. Should ob,jections be filed to any portion �f this determination, such ob�7'ection or objections must be specific and filed in accordance with Section 290. 260 of the Prevailing �r'age Law. � � i� r��--- o man, ssistant irector � � . _ ' ' •" Heavy Construction Rates for CAPE GIRARDEAU County (s) � Basic Fringe Benefit Payments Crafts Hourly Rates H & W Pen . Vac . App.Tng. Others CARPENTERS (See attached sheet for rrpre info�tio ) Journeymen 17 • 2� 1 . 65 . 75 . 33 Millwrights l� • 20 1 . 65 . 75 . 33 Pile Driver Worker l� • 20 1 . 65 . 75 . 33 OPERATING ENGINEERS (See attached sheet for Clas�ifications Grou� I 16 . 00 ! 2 . 55 � 2 . 80 . 34 Group II ' 15 . 65 � 2 .55 2 . 80 � . 34 Group III 15 .45 � 2 . 55 � 2 . 80 . 3^_ Groun N 14 . 60 ' 2 . �5 ; 2 . 80 . 34 LABORERS (See attached sheet for Classifications General Laborers 14 . 65 1.70 � 1 .75 , . 10 Skilled Laborers 15 . 25 1.70 1 .75 � . 10 TRUCK DRIVERS-TEAMSTERS 1 . 75 2 . 00 Teams�ers - (See below for Rates) CLASSIFIGATIC�vS RATE Q�.SSIFICATICIZS R.ATE I Flat Bed 'I�-ucks - Single Axle 14 . 58 'I`ank on - em le 1�T3 ' Flat Bed 1�cks - Tandem Ax1e 14 . 7 3 Tank Wagon - S�ni-�railer 14 . 8 5 Station �ago�s 14 . 58 Insley Wagnns, DuTgsters, Half- Fi c.� '�-l�cks 14 . 5 8 'I�-a.cks, �� �c l i ds & k�aterial 'I`rucks - Single Axle I4 . 58 other similar equiprnent 14 . 85 Material 'I�-ucks - Tanc�n Axle 14 . 7 3 A-FYan� & Derrick T`rucks 14 . 8 5 Semi and /or Pole 'I�-ailers 14 . 8 5 Float or Law Boy 14 . 8 S Winch, Fork & Steel T�-ucks � 14 . 85 �arehouse�� �4 , a g Distributor L?rivers & Operators 14 . 85 *Tirsr�n, Oiler & Grea_ser Agitator & 'IYansit Mix-'I�-uc.ks 14 . 7 4 Stat ion Attendant on Const. Tank �agon - Single Axle 14 . 58 **Mechanics �e wage rate for 'I�rer�.n, Oiler & Greaser,. Station Attendant on Construction s:zall be the � as the �rage rate for the oiler in the oc�eratine engineex� schedule, e�ccept c�perating angineer fringe benefits over and above any a.�plicable tearrster benefits sha11 be added to tealnster u�ages. **'I�-ie Rage rate for Mechanics in the teamsters schedule shall be the same as kSechanics in the aperating engineers sc�edule, except that operating engineer fringe benefits over and a.bove any ar�plicable tearnster benefits shall be added to tearnster aages. 'f1�e shift pay differential - swing s3�i�t tw�enty-five cents (25G) per hour, graveyard shift fifty cents (50�) per hour; above regular rates. 0'VERTIHE RATE: Worl�en ahall be paid one � one-half (1�) times the regular rate of vages for all hours vorked in excese of eight (8) hours per day (if� vorking 5-S's) , or ten (10) hours per day (if vorking 4-10's) , or forty (40) hours per Week, Honday through Friday. For all time vorked on Saturday (unless Saturday is used as a• make-up day) or Sunday, time b one-k�alf (1�) shall be paid. � � • 3 ag; paR � � 3 �s3�33 ' �8 ;� 4 �a ; 9 � v3 _5 ;�9 � 5��� �� � " � "� ~ � 53 � �i ` � � a ^ v :V � ^ H : C � � 'r -1 • : • • ( �1 � > � .. �j�� �sj�8 ��s� ��� :����C��'� �3� Fr � � r � ' : T � p � e; � s � � � J J(, �❑j� 1�+ � Q ��+r ] y I ;� ( : .. � 7� .. I'f If = ti ^ 6 A� 2`�1 m �� � (�� �J�'1 a`/� 7 O �F J ^.1. � C � � > n ..i � �Y � K� � , M ~ � Y i... 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Y . - rt .-. ...�1 Y n A O �" ^ r O � , � , 70 � � 'IIO i C o n O7 � f10 '1 � �^� C a � ^ � a � � � <.-no�� oao� n o�'nron s� s [ a r r :i n 3 n 7 � nn o V �"�r"� �.. o� c � o i n o � � w O � y 7 S O C n n r n • �A 7 • � � c � . n O � f7 n r a o A� �d 7 7 A _; ^ w a o � .. v + - a�` � � . 7 n a m O o O n o n a .� .� = 7 . a � . n r, .. ` poacov � ... _• � ; ' o ; . � � s� �v .-�oo � Q J.J o � � ti �a o n � � � Ci� ,:1 � i n n . , INSTRUCTIONS TO BIDDERS 1990 STREET OVERLAY PROGRAM Bidders are hereby referred to the Revised Statutes of Missouri and to the Ordinances of the City of Cape Girardeau, Missouri, under authority of which this work is to be done. There may or may not be an estimate on file in the Office of the City Clerk prior to the time the project is bid. No contract will be awarded unless the total cost of the work equals or falls below the estimate filed before the ccntract is let. All bidders must examine for themselves the location and character of the proposed work and nature of the formations. They must become familiar with the specifications and satisfy themselves as to the accuracy of the Engineer's estimate of quantities and they will not, at any time after the submission of the bid, dispute or complain of such statements of the Engineer, nor assert that there was any misunderstanding in regard to the nature of the amount of work to be done. Al1 bidders are requested to be present when bids are opened. The quantities given in the estimate are not intended to represent absolutely the actual quantities that may be required under the contract. Tney are intended to be approximations of the quantities and will be used in making a comparison of bids. Inspection will be furnished by the Engineer. The amount of work to be done will be governed by the amount of funds appropriated, not to exceed $150, 000 . The list of areas attached to the proposal may be increased or decreased by the Engineer, as necessary. The bids must be made on the forms provided for same. Bids must be enclosed in a sealed envelope, adaressed to the Mayor and Councilmen, City of Cape Girardeau, Missouri, in care of the City Clerk, and marked conspicuously on the outside "Proposal for the 1990 Street Overlay Program. " Each bid shall have enclosed with it a certified check or bid bond in the amount of seven �housa;,d f ive ;undred dclla�s ($7 , 500 . 00) , payable to the City of Cape Girardeau, Missouri, subject to the following conditions: The check or bid bond will be retained as a guarantee of good faith on the part of the bidder, provided he is awarded the contract, and will be held until he has made the required bond. Checks or bid bonds of unsuccessful bidders will be returned as soon as the award is made. The right is reserved to accept or reject any bid at any time within 10 days after the date set for the letting. Instructions to Bidders Page 2 The City reserves the right to accept any, or to reject all bids and further reserves itself the right to decide which bid is the lowest and best. Unauthorized conditions, limitations, conditions, or provisions attached to a proposal may be cause for its rejection. Unbalanced bids will be subject to rejection. No bid will be considered that reaches the hands of the City Clerk later than the time set out for receiving same, and no bids will be allowed to be withdrawn after such time. Each bid shall give the name and address of the bidder. If a firm, it shall give the names and addresses of all persons interested in it. If a corporation, it shall state the names of its president and secretary and give the office of the person signing therefor, attested by the seal of the corporation. Each bid must also set out the experience of the bidder in the line of work bid upon and furnish acceptable reference as to its financial standing. Al1 work is to be done in accordance with the specifications, and the Prevailing Rate of Wages as determined by the Department of Labor and Industrial Relations in Wage DeteY-mination No. 90-016-0044 , all of which are on file in the Office of the City Clerk of the City of Cape Girardeau and which are incorporated by reference as part of this Proposal . Such schedule shall be made a part of the contract to be executed by the successful bidder. Time of completion is of the essence of this contract and should the Contractor fail tc complete the work prior to October 1, 1990, 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 impcssible for the City to establish either the full extent or the amount of the 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 substantially complete the work to be done under this contract shall be paid to the City, as liquidated damages which the City wiil suffer by reason af t;e de�ault, a„d not by way of a penalty. The time of completion as set out shall determine the date after which liquidated damages shall begin. In the event the City Council should pass an ordinance 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. Instructions to Bidders Page 3 The 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 the 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 accident 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, demands, 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. 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. S P E C I F I C A T I O N S � F 0 R 1990 STREET OVERLAY PROGRAM CITY OF CAPE GIRARDEAU, MISSOURI OFFICE OF THE CITY ENGINEER -. May 1990 Io GENERAL A. Al1 work shall be done according to applicable sections of the current "Standard Specifications for Street Improvements, City of Cape Girardeau, Missouri" , as supplemented, modified, or amended by the following, "Missouri Standard Specifications for Highway Construction" , Missouri Highway Department, 1986, and amendments thereto. B. All items to be paid for on the basis of weight sha1Z be weighed on a licensed scale and the weight ticket issued at the scale for each load of material shall be furnished the Engineer at the time of delivery of the material . 1. Tickets shall show the following information: a. Date b. Contractors name c. Job name d. Gross and tare weights e. Time left plant f. Truck number g. Load number h. Type of material delivered II. TACK COAT A. Tack Coat. The material used for the tack coat shall be an emulsified asphalt (SS-1 or CSS-1) . The tack coat shall be applied at a rate of 0 . 05 to 0. 15 gallons per square yard. Pools of primer material remaining on the surface after the application shall be removed. All traffic not essential to the work should be kept off the tack coat. B. The Contractor shall make provisions to insure that all cracks are filled with primer. If the crack is over 1/4 inch in width, the Engineer may order that the crack be sealed with slurry mix of primer and fine sand, pre-mixed to tne proporLions and to t��e satisfaction cf the C?ty Engir.eer, and the cost to be ccvered by the price bid for tack coat; paid per gallon of primer. All cracks 1/4 inch and over to be blown out by the Contractor to the satisfaction of the City Engineer before slurry mix is placed in cracks. C. Payment for the tack coat shall be made on the basis of gallons used, measured in the distributor, as read by the City Engineer and the Contractor, and shall include necessary crack cleaning, and slurry mix. Specifications Page 2 III. ASPHALT CONCRETE LEVELING COURSE A. Thickness: Leveling course shall be the minimum thickness required to level low spots in the pavement. In no case shall a thickness of more than four (4) inches be laid in thickness of more tnan four (4) inches be laid in one pass . B. The mix design will be furnished by the Engineer, who reserves the right to vary and adjust the mix as may be deemed necessary. C. The City Engineer may require that the pavement be string lined to determine depth of leveling course required. This operation to be completed by the Engineer and his representatives as determined necessary by the Engineer, and said cperation will be completed ahead of Contractor's operation so as not to cause a delay to Contractor; however, the Contractor is to cooperate and make every effort to adjust the nachine to correct for depth for leveling course. D. Payment will be made at the unit price bid per ton of "Asphaltic Concrete, machine or hand placed, " as directed by the Engineer, for wedging low spots. IV. ASPHALTIC CONCRETE WEARING SURFACE A. Thickness: Wearing surface s�all be one (1) inch thick when fully compacted by rolling. All work shall be done in accordance with Section 403 , "Asphaltic Concrete Pavement of the Missouri State Highway Commission Specifications" , dated 1986, as directed by the Engineer. B. Width: 'Jnless otherwise stated, overlays will extend from curb face to curb face. Curb drai;� outlets shall be cleaned free of asphalt. C. Spreading: The speed of the asphalt finishing machine shall be directed by the Engineer, and the Contractor is to adjust the speed of the finishing machine upon notification of the City Engineer or his duly authorized representative. Specifications Page 3 D. Joints: Where the new asphaltic concrete is to join existing overlay, no overlapping or sloping will be permitted, but the old asphalt must be sawed and/or chiseled and removed so that the new asphalt may join the old asphalt in a square plane. The junction of all edges with the existing pavement shall be sealed with cut-back and emulsified asphalt, sanded and broomed as directed by the Engineer. All cold joints on new work to be square, and no sloping and overlapping of joints will be permitted. E. Payment will be made at the unit price bid per ton of "Asphaltic Concrete, machine or hand placed" . Vo MILLING A. The limits of milling, shall be designated in the field by the Engineer. B. Millinqs to be spread or stockpiled on Wilson Road near Shawnee Park as directed by the City Engineer to coordinate with work by other City Departments . VIo EXISTING MANHOLES & STREET CLEANING A. The Contractor is responsible for sweeping the streets prior to priming, and any additional required cleaning. This may include, but is not limited to, flushing with water from a fire nydrant. It is the Contractor's responsibility to clean and fill cracks as set out in Section 2 . B. All manholes shal� be adjusted by raising the existing casting and using an approved adapter. On streets where the entire width is being milled, no manhole adjustment will be allowed without approval of the Engineer. C. No separate payment to the Contractor for the work done in this Section, payment to be included in payment for other items of work. VII. TR.AFFIC, A. The Contractor shall coordinate with the Engineer, a plan for vehicular and pedestrian traffic in the construction area. Also, the sequence for overlaying all of the various sections of streets shall be approved by the Engineer prior to beginning of the work. Specifications Page 4 B. The Contractor shall provide barricades as required and will be responsible for placing, removing, and care of barricades and shall be governed in this respect by "Standard Specifications for Street Improvements for Year 1986, City of Cape Girardeau, Missouri" , and the manual on Uniform Traffic Control. C. Payment for this item to be included in payment for other items of work.