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HomeMy WebLinkAboutRES.294.11-16-1987 BILL N0. 87-210 RESOLUTION N0. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LAPPE CEMENT FINISHING, INC. FOR PERCY DRIVE PAVING BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1 . The City Manager on behalf of the City of Cape Girardeau , P9issouri , is hereby authorized to enter into a Paving Contract with I�appe Cement Finishing, Inc. for the paving of Percy Driv�. A copy of said contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS � DAY OF , 1987 . rancis E. hodes , Mayor ATTEST : Alvin M. Stoverink , City C erk PAVING CONTRACT This Contract made and entered into this 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 Lappe Cement Finishing, Inc. , a P�issouri Corporation, authorized to do business in Missouri , hereinafter called the "Contractor" ; b�ITNESSETH: 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 , whicY� are hereto attached and made a part of this Contract . The �aork of the improvement to be made is that necessary for the improvement of Percy Drive from 173 feet tiaest of Farrar Drive West 864 feet by grading to the established grade and constructing thereon a Portland Cement Concrete Pavement, 6 inches thick and 40 feet in width bet�veen the back of b inch integral Portland Cement Concrete integral curbs and gutters , except at the various intersecting streets , where the pavement shall be constructed as shown on the plans, together with necessary pipe and inlets for removal of si�orm water , 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 attac}led hereto and made a part hereof, and shall be full compensation for furnishing said pavement, complete in place , including all labor , equipment, materials , accessories and incidentals . The estimated total payment is Fifty-Nine Thousand Seven Hundred Forty-One Dollars ($59 ,741 . 00) . Payment to the Contractor shall be made from the general reven�ic� of the City with monthly estimates to be made to the Coiztractor for work completed, less ten per cent ( l00 ) retainage . Final payment to be made within ten ( 10 ) days of final acceptance of the work by the City Council . Ii� 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 DAP9AGES-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 one hundred twenty (120) 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 s�t 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 sur� 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 c�efault, and not by caay 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 k�e 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 APTD COMPLETIOPd 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 tnis contract , it will make payment to the Contractor as hereinbefore provided . 5 . COPITRACT 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 ttle City Council and on file in tt�e Of_fice of the City Clerk , and all resolutions and ordinances and proceedings by the City Council pertaining in any detail whatsoever to the caork included under this contract , incl�zding 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 . INDEP'INITY TO CITY. 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 this contract a policy o£ 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 nimself 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 . PREVAILIidG 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 for tt�is project . 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 Contr. actor agrees that he will not contract with any Subcontractor who is prohibited by the provisions of the Prevailing Y�age 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. 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 tl�e City and Lappe Cement Finishing, Inc. has hereto by and through its authorized representative, affixed its name the day and year first above written . CITY OF CAPE GIRARDEAU, MISSOURI ATTEST : Gary A. Eide, City Manager Alvin M. Stoverink , City Clerk LAPPE CEMENT FINISHING, INC. Russell Lappe ATTEST: [Typed Name & Title of Signer ] L h PROPOSAL (Payment By City Directly To Contractor - No Tax Bills Issued 7o Contractor) Cape Girardeau, Missouri � �T / �v . 1987 PROPOSAL FOR THE 1MPROVEMENT OF PERCY DRIVE FROM 173 FEET WEST OF FARRAR DRIVE WEST FOR A DISTANCE OF 8G4 FEET Ta the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Gentlemens In response to the advertisement of your City Clerk. published in the Southeast Missourian, calling for bids �or the fmprovement of Percy Orive from 173 feet west of Farrar Drive west for a distance 864 feet. the undersigned hereby proposes to furnish all labor. mat�rtal , and equipment and all else rtecessary to begin work within ten ( 10) days after the award of the contract, and to complete the worl< in �� D working days , and in accordance with the laws and ordinances pertaining to the work, for the f'ollowing unit prices : Unit Unit Cost Cost 1 . Excavation. including all ot� p o cuts and fi 1 ls . 879 C.Y. $ � � � �S��O z . P.C. Concrete Pav�ment, O O � 6 inches thick. 3965 5.Y. $ �_ $ �7 S�v �p � DO po 3 . 6 inch upright int�gral curb. 1700 L.F. $ 'd. —" � � �c� o0 4 . Driveway pavement removal . 72 S.Y. $ 5 J $ 3�0� — 5 . Driveway pavement , 6 inch � °� P.C. Concrete. 89 S.Y. $ /,� _ $ J33S" PROPOSAL Page 2 �. Single inlet, complete in �� �� place. TyPe "A�� • 1 Each � $� � $ �S� 7 , Single tn}et 8'x9' . pp o0 comp 1 ete i n p 1 ace. 1 Each $ 3 DD '$ �3 UD -" $. Seed and straw, applicatfon m � o in accordance with Missouri �QD Extension Service. 0.2 Acre $ ��� $ Do TOTAL $ 5� 7�� I h�ve enclosed herewith a certified check or bid bond in the amount of five percent (57.) of the bid. peyeble to the City of Cape Girardeau. Mlssouri , as a guarantee that 1 wili , if awarded the contract, in ten ( 10) 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 Cfty of Cape Girardeau. ' The undersigned hereby agrees to do the work in conformity with current Standard Spec9 �ications for Street and Sewer Improvements. special provisions , and all ordinances of the City pertaining thereto, includfng the payment of all labor at the scale of wages as required by l�w and ordinances. The contractor hereby stat�s that he has not been convicted of a violation of the Prevalling Wage Law and is not prohibited frorn co�tracting with the Gity of Cape Girardeau for the construction of this public works pro,�ect under such Prevailing Wage Law. � � �� UNITED �IRE & CASUALTY COMPANY CEDAR RAPIDS, IOWA BID BOND � Approved by The American Institute ot Architects, A.I.A. Document No. A 310 February 1970 Edition /iNOW ALL MEN BY THESE PRESENTS, thut we Lap�e Cemen,t F.i.w,i�sh,i.n9, Inc., __ Penn.yv.i.P.Ce, M.i.shouni. as Principal, hereinafter called tl�e Principal, and the UNITED FIRE & CASIJALTY COMPANY , e corporntion d�ly orsenized under the laws of the State o( IOWO, us Surety, hcreinafter cniled the Surety, ere held and (irmly bound unto zhe C.i.ty o{� Cape G.i�vcdeau, �.I-i.ebauni. as Obligee, hereinafter called the Obligee, in the sum of 5 o u b b�.d amoun.t Dollars �$ 5 0 �,(or the peyment of which sum well and truly to be mede,the said Principal and the said Surety, bind ourselves,our heirs,executors,administrators,successors and ussigns,jointly and severaliy,firmly by these pres- ents. 1VHEREAS, the Principnl has submitted a bid for S�nee,t ImphUvemen,tl�, Pency Dn,i.ve NOW, THERLFORG, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the lerms o(such bid, and �ive such bond or bonds as may be specified in the bidding or contrect documencs with good and su(ficient surety for the faithful performance of such contract and for the prompt payment of labor and material(urnished in[he prosecution thereof,or in the event o(the failure ot the Principal to enter such contruct and 6ive such bond or bonds, i( the Principal shall pay to the Obligee the di((erence no�to exceed the penelty hereot between the amount specified in said bid nnd such larger amount(or which the Obligee may in good faith concrnct with onother party to per(orm the work covered by seid bid,then this obligntion shall be null and void,otherwitie to remein in tull force and effect. Si� ed end senled this �b�h d�y ot 4e,toben A p 19 k7 �� _LAPPE CEhIEN7 FTNISHING, INC. ��Q�� Y��I� J�li � IYrincipull IWITNESS� �,���p� ������ � Ru�eeP.2 Lappe, rn�ie� Pn�s.cden,t UNITED FIRE & CASUALTY COMAPANY ISeall � - ISuretyl �'� � �� r � > i��iTNessi � gy �"��n -r --/��:'�r--' Sha�wn G�as co, �w«����•Y•��•:e��� UNI)•30731, ACKNOWLEDGMENT OF SURETY Staie �,t' ----- ILLINUIS------------ JACKSUN S'. C�,unt� c,f ------------------------ On �h�s---�b�tl�i�n� or---cictaben.---------. 19_�7 ------• persun.ill�• ap�e�rzd hef��re me ____________SGtciJuin G.P�CU ��h�� heing cful�• s��•urn did depuse and sa�� that he is the attorney-in-fact ��f the LJniteci Fire �l'• Casualt�� Cum- pan}� u( Ce�iar Rapicls, luwa. th�it the seal ��((ixed to the attached instrument is the Curpur:�te Seal uf saicl C��r- p��rati��n. �111C1 lllilt SJICj instrument ���as si�ned and sealed on hehalf of said Carporation by auth��rity uf its Quur�i c�f Dirertc�rs ancf the said___S6tahon_G�a�Co _ ________ _���n�,�ti,�ed �ed th t ' u- ment as such attc�rney-in-(act and as the free act ancl deed of sai ��rporatic�n F�;�C��i Sr.���' �? , �,f. � J�.r.�,��.t�.n • i i .Y� r\.'� >. t��rt�-����th ---r.__._1_.� ----- -�-=�--�L�.��i<<�-- - Nc,r; ,, (��;:�.i;�, ;;t,�;:: c;i i:�ic�:��. 1� r'•,..�...1�..�... :'�.11 �::;�i�;!;i � � ,nl . . er• en.�n.vv�.�.�-�.• "'YITED FIRE & CASUALTY COMPAN� r10ME OFFICE — CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWEH OF ATTORNEY (Oriqinai on tile at Home Office of Company —See Certification) KNOW ALL MEN BY THESE PRESENTS,That the UNITED FfRE & C/ISU�'�I.TY COMPANY,acorporationduly arganized and existing under the laws of the State cf Iowa,and ha�ing its principal office in Cedar Rapids,State of towa, dces rr.ake,con- stituie and appoint James Clary, Anna, Illinois; or Frances Kiehna, Pinckneyville, Illiiiois; or Darrell Lauderdale, or Charles W. Decker, or Beth E. Lauderdale, or Velma Lauderdale, or Sharon Glasco, Carbondale, Illinois, All Individually of . its t�ue and lawful Attorney(s)-in•Fact with power and au[hority hereby conferred to sign, seal and execute in its behalf all law• ful bonds,undertakings and other obligatory instruments of similar nature as lollows: --Any and All Bonds-- and to bind UNITED FIRE & CASUALTY COMPANY thereby a� �ully and to [he same extent as if such in�truments were sir,r�d by the duly authonzed officers of UNITED F1RE & CASUALTY COMPANY and all the acts of said Attcrney,purs�ant to the authority hereby given are hereby ratified and:onfirmed. The Authority hereby granted shall expire May 30, 19 $8 unlrss sooner revoked. This power of Actorney is made and executed pursuant to and by authcrity of the followiny B�•Law duly adepte;i hy the Board of Direccors of the Company on Apnl 18, 1973. "Article V —Sur�ty Bonds and Undertakings." Secnon 2, Appou�imenl uf Auorney•in-Fact. "The Preddent�r rny V��r Prc�ideni,or any other o(fleer o(the Company, ma>, (rom time to tline, �ppu�nt Dy wr�tlen eertihnle�atlorney�•in•(sct to rct in beh�lf of the ComDuiY fn tbe ex�eut�on of pollclr� uf fn+unnce.6ond�,undert�kin���nd other obL��tory initrum�nU o(like n�wre,The arnatur�of�ny ofHcer�uthu- rued hereby.and Ute CorD��ete�erl,m�y be a(IiaeA by l�cdmUa to�ny power of attorn�y or iD�elal Dow�f of utornryorc�r• ulie�uon o( euher •uihori:ed hereby; �veh �iQnature and �eal, whon �o used,bein� �doD�ed by the Comp�ny u the orl�in�1 ��rn�ture of wch o(ficer and the orlsinaJ ieal uf the Comp�ny,tu be v�Jld and bindln� uDon lh�ComD��Y wl�h th•�ame loier anA eftect u thou�h m�nu�Uy�fflxrd.Such �tWrney�•in•f�et,wbje�t to the I�miution��et tunh in thatr r�s�eetive certi(iutn o(authonty shalJ have full puw�r to bind th�Comp�ny yy theu�I�n�turt rnd executioo oJ�ny tuah�n�trument��nd to uueh th� �e�l ul the Company thereto.The Pie�ldent or��y Vicr Prs�ldt��t,the Bo�rd ot plteotort or any oeher offlc•r �f the Com- D�nY maY�t�nY tlme revoke aU Dower and �uthoti�Y Prtv�ousl)'[ivc��to�ny allorneYHn•hct. IPJ WITNESS WNEREQF, the UNITED FIRE & CASUALTY COMPANY has caused these presenc.; ��"""""�� to he signed by its vica president and its corporate seal to be hereco affixed this 30th ,.�`�casu�'�, ,`�f�....`,l`.,. =o [oRroaerE`�i: d�y of May ,A.D. 19 86 , ;;��.. Se�L �`gs UNITED FIRE & CASUALTY COMPANY .�:'• ;,� o;;- o .:.o+ State of,lowa, County of Linn, ss: Bv �� �Vi�esldent On ch�s 30ch day of rlay 19 86 , before me personally came Harold A. Hagen to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rap�ds,State of[owa;that he is a Vice Pres�dent of tlie UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru• ment; that he knows the seal u( said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant cc auchority qiven by the Board of Direccors of said corpora�:on and that !ie signed his name thereto;.urs�an� to like autnonty, and acknowledges same to be the act and deed of said corporation. ••'' '. LOiS M.SCHUCHMANN ���� �� i `" — � ° MY COMMISSION EXPIRES � T-� August 10,1986 Notary Public � hly comm►ssion expires August 10, 19 86 CERTIFICATION I, che un�lersigned officer o!the UNITED FIRE & CASUALTY CnMPANY ,do hereby certify that I have compared the fore going copy of the Power of Ac�orney and affidavit,and the copy of the Section of the By•Laws of said Company as set fecc:� in said Power of Attorney, with the ORIGINALS ON FILE 1N THE HOPQE OFFICE OF SAID COMPANY,and that the same are correct t�anscripts thereof, and of the whole of the said originats,and that the said Power of Attorney has not been revoked and is now in full force and effecc. ;•�''�,��„����i;r-.,, In cestirr,�ny whereo; 1 h��ue h�reunto subscribed my name and affixed the corporate seal of tha said 'o�C�FDGAtIi`�2': "` � • - '= Company this 16�h day of V�Ob� 19�� ( � ��� ;�_ =,�•.. SEAL r; � :;�, _ �,.1 , �:.- '%::.::�.. �y.�o�v�� ,..