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HomeMy WebLinkAboutRES.286.10-05-1987 BILL N�O. 87-185 RESOLUTION N0. ����' A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH L.C.O. ELECTRIC INC. FOR CONSTRUCTING SEWERS IN GREATER CAPE GIRARDEAU INDUSTRIAL PARK BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: SECTION l . The City Manager on behalf of the City of Cape Girardeau, Missouri , is hereby authorized to enter into a contract with L .C.O. Electric Inc. for constructing sewers located in the Greater Cape Girardeau Industrial Park . �� PASSED AND ADOPTED THIS S� DAY OF �il'" � � ��-tJ� , 1987 . r rancis E. Rhodes , Mayor ATTEST: ��!��(� � Alvin M. Stoverink , City Clerk SEWER CONSTRUCTION CONTRACT This ontract made and entered into this �v-� day of , , 1987 , 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 LCO Electric, Inc . , 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, and the general and detailed specifications, all of which are included in a volume entitled "Specifications and Contract Documents for Sanitary Sewer Expansion Project Number 86-ED-10" and which is incorporated herein by reference and made part hereof as though fully set out herein . The work of the improvement to be made is that necessary for the expansion of sewers located in the Greater Cape Girardeau Industrial Park , consisting of installing 800 feet of sewer line along Nash Road with necessary manholes , under the proposal submitted under the Economic Development Grant for General Sign Company, Project Number 86-ED-10 . 2 . PAYMENT. Payment for said improvement shall be made at the price bid by the Contractor , as set out in his proposal , whicl� is attached hereto and made a part hereof , and shall be full compensation for constructing said improvements, complete in place, including all labor , equipment , materials , accessories and incidentals . The estimated total payment is Sixteen Thousand Five Hundred Forty-Four pollars (�16 ,544 . 00 ) . Payment to the Contractor shall be made in accordance with the provisions set out in the "Specifications and Contract Documents for Sanitary Sewer Expansion Project Number 86-ED-10" . 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 hereby agrees to begin said work and improvement not later than ten ( 10 ) days after the execution of this contract and hereby agrees to complete the same not later than sixty ( 60 ) working days from said date . 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 tlzerefore 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 coay 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 COMPI�ETION OF CONTRACT. The Contractor , upon the completion of said work and improvement , shall notify tY�e 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 . IPIDEMNITY 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 , 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 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, 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 . PR EVAILING WAG ES . 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 and by the U. S . Department of Labor 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 arld owing as a result of any violation of the Prevailing S�age Law . 9 . NO WAIVER OF FUTURE BREACH. The failure of either Party to insist , in any one or more -3- 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 BOUPdD. 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 LOC Electric, Inc. has hereto by and through its authorized representative, affixed its name the day and year first above written . CITY OF CAPE GIRARDFAU, MISSOURI � �1, fl ,� C.�,L.Z.. �� � ,t. �`��- ATTEST: Gary A. Eide City Manager / ,'��� ,���� � 1,�' /•r-r"'��1� A1 in M. Stove ink , City Clerk LCO E ECTRIC, INC. Edward M. Spicer , Pr sident ATTEST: Typed Name & Title of Signer ] -4- PRUPOSAL (Community Development Economic Grant Program) Cape Girardeau, Missouri October 4 , 1987 PROPOSAL FOR THE EXPANSION OF SEWERS LOCATED IN THE GREATER CAPE GIRARDEAU INDUSTRIAL PARK, CONSISTING OF INSTALLiNG 800 FEFT OF SEWER LINE ALONG NASH ROAD WITH NECESSARY MANHOLES, UNDER THE ECONOMIC , OEVELOPMENT GRANT FOR GENERAL SIGN COMPANY , PROJECT NUMBER 86- 10-ED 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 installation of 800 Feer. of sewer line along Nash Road with necessary manholes, Greater Cape Girardeau Development Corporation. Project Number 86-ED- 10, tt�e undersign�d hereby proposes to furnish all labor , material , and equipment and all else necessary to begin work within ten ( 10) �iays after the aw�rd of the contract , and to complete the work in 60 working days , and in accordance with the laws and ordinances pertaining to the w�rk . for the following unit prices : Unit Unit Cost Cost 1 . Class B excavation for sewer lines and manhole 0 - 10 feet depth. 805 L .F . $ _7.00 $ 5,635.00 2 . 48 inch standard m�nholes �nd concrete bottoms , compiete in place . 20 L . F . $ 70. ].0 $ _1 ,402.00 3 . Cast iron lids and frames cr,mr�1 ete and i n p 1 ace. 2 Each g� 250.00 $ �00.00 4 . 12 inch VCP with couplings , complete and in place. 800 L .F . $ ]0.73 $ 8,58�•00 5 . 6 i nch wyes on 1 2 i nch VCP. 1 Each $ 150.00 g ?=�0.00 �. Connection to existing sewer 1 i nes , comp 1 ete i n p 1 ace . l Each $ 100.00 $ 100.00 7 . Seed i ng and mu 1 ch. L . S. $ 173.00 $ _ 173.00 TOTAL $ 16,5�1�1.00 PROPOSAL Generai Sign � Page 2 Attached hnreto is an affidavit. in proof that the undersigned has not entered into any collusion with any person in respect to this proposal or any other proposal or the submitting of proposals for the contract for which the proposal is submitted. Bidder understands that the City reserves the right to reject any or all bids and to waive any informalities in the bidding. ihe Bidder agrees that this bid shall be goo� and may not be withdrawn for a period of 60 calendar days after the scheduled closing r_ ime for receiving bids . Enclosed herewith is a bid bond in the amount of five percent (57.) of the amount of the bid as a guarantee that the bidder will , if awaraea the contract , in ten ( 10) days enter into contract and execute a bond as provided for in the contract. ,J . �� � / �• �--C-� ��, LCO Electric, Inc.