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Home My WebLink AboutRES.287.10-05-1987 BII�L N0. 87-186 RESOLUTION N0. +�� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MONROE PLUMBING AND HEATING FOR STORM DRAINAGE IMPROVEMENTS UNDER MELROSE AVENUE NOW, THEREFORE, 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 P9onroe Plumbing and Heating for storm drainage improvements under Melrose Avenue . � .�<, . �. PASSED AND ADOPTED THIS � � /._ DAY OF E.'�"� r 1987 • rancis E. hodes , Mayor ATTEST: A vin M. Stoverink , City Clerk CONTRACT FOR STORM DRAINAGE IMPROVEMENTS � This Contract made and entered into this c�� day of October , 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 Daniel H . Monroe and JoAnn Monroe d/b/a Monroe Plumbing and 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 expenseo 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 of the City of Cape Girardeau which are incorporated herewith and made part of this Contract as though ftilly set out herein . The work of the improvement to be made is that necessary for the construction of storm drainage improvements under Melrose Avenue in the City of Cape Girardeau , Missouri , in accordance with the plans and specifications for this project 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 all labor , material and equipment and all else necessary to complete this project . The estimated total payment is Twenty-Three Thousand Seven Hundred Eighty-Five Dollars (�23, 785 .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 tt�e City Cauncil . 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 uriit 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-five ( 65 ) 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 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 da�ages 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 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 ��ORK 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 DOCUMEPdTS . 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 worlc included under this contract , including the proposal submitted by the Contractor to the City Council shall be and constitute integral parts of tt�is 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- 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 GJITNESS 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 Plumbing and 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 ATTFST: Gary A. Eide, City Manager Alvin M. Stoverink , City Clerk MONROE PLUMBING AND HEATING C0 . �� ,-�� ¢--� � �(/��! �-�t/zc�-- Daniel H . Monroe n �� 1 il�l. ) �� O`-F�_� Jo nn Monroe -4- 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 accid�ent 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 . 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 . Contractor agrees that he will comply with the provisions of the Prevailing Wa ge 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 �epartment of Labor and Industrial Relations in the wage determination for any work done under this contract, by him, or any subc�ntractor under him. The Contractor agrees that he will not contract with any Subcontractor who is �rohibited by the provisions of the Prevailing j�dage Law from working on a Public 4�orks contract . Tp�e Contractor here�y agrees that the City can withhold payme:zts 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 . 9 . NO WAIVER OF FUTURE BREACH. The failure of either Party to insist , in any one or more instances , on a st:rict performance of any of the terms or the -3- PROPOSAL : (Payment By City Directly To Contractor - No T�ax Bills Issue� To Contractor) Cape Girardeau, Missouri Oct. 1 , , 1987 PR��POSAL rOR THE CONSTRUCTION OF STORM DRAINAGE IMPROVEMENTS UNDER MELR05� /�VENUE To the Honorable Mayor and Council o� the City of Cape Girardeau , Missouri Gentlemen : In response to the advertisement of your City Clerk, pubiished in the Southeast Missouri�n, calling for bids for the construction of storm drainage improvements under Melrose Avenue, the undersigned hereby proposes to furnish all labor, material . and equipment and all else necessary �to begin work within ten ( 10) gay� after the award of the cont.ract , and to complete the work in _ �O`� working days , and in acrordance with the laws and ordinances pertaining to the work, for the following unit prices : Unit Unit Cost Cost � . 4 ' X 4 ' junction t�ox . 1 Each � 1 , 000 . 00 � 1 , 000 . 00 7_ . Single Inlet , complete in place . 2 Each $ 1 ,000. 00 $ 2 , 000 . 00 3 . 24" reinforced concrete pipe, ASTM , C 76. Class iI , complete in nl�ce . 198. 5 L .F . $ 20. 00 $ 3 , 970 . 00 4 . 43" X 68" reinforced concrete pipe , ASTM . C 76, Class ( I , com�� et.e in place . 122 � . F . $ 115 . 00 $ 14 , 030 . 00 5 . Type I1 rock blanke� , grouted , complete in place . 62 Tons $ 25 . 00 $ 1 , 550 . 00 6 . Extend Latterals out from under street. 150 L. F. 8 . 00 1200 . 00 Bid f�ond 35 . 00 35 . 00 TUTAL $ TOTAL $23 , 785 . 00 PRUPOSAL Page 2 . [ have enclosed herewith a certified check or bid bond in the amount. of five percent ( 5%) of the bid, payable to the City of Cape Girar-deau. Miss�uri . as a guarantee that I will , if awarded the contract , in ten ( lU) 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 ar_ceptance by the City. will ;�r_cepr_ payment from t.he General Revenue Fund of the City of Cape Gir�rdeau or• from Federal Revenue Sh�ring Funds of the City of Cape Girardeau . The undersigned hereby agrees to do the work in conformity with current Standard Specifications for Street and Sewer Improvements , sper_ ial provisions , and all ordinances of the City pertaining thereto. including the payment o� 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 �aw and is not prohibited from contracting with the City of Cape Girardeau for the construction o� this public works project under such Prevailing Wage Law. �� c�T—�.`,z.k� � � r v�L uwt.�-L Y �� ,�� y=.�.c.-v-y-��--� �.� C.d.. v�