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HomeMy WebLinkAboutRES.199.05-21-1986 � �� � BILL N0. 86-71 RESOLUTION N0. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PENZEL CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE SOUTH SPRIGG STREET FEDERAL AID URBAN SYSTEM STREET PROJECT 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, Missouri , is hereby authorized to enter into a contract with Penzel Construction Company for construction of the South Sprigg Street Federal Aid Urban System Street Project. A copy of this contract is attached to this resolution and made a part hereof . PASSED AND ADOPTED THIS � /�DAY OF , 1986 . � !'"* rancis E . R odes, Mayor ATTEST: �i(.1h'�s,�/`��-_�J���'�/` � Alvin M. Stoverink , City Clerk � � CONTRACT This contract made and entered into this day of , 1986 , by and between the City of Cape Girardeau, Missouri , a Municipal Corporation, hereinafter called "City" or "Owner" and Penzel Construction Company, Inc. , hereinafter called "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 the South Sprigg Street, Section II , Federal Aid Urban System Project No. M-1518 ( 002 ) in accordance with the drawings, specifications and other contract documents. 2 . PAYMENT. Payment for the work to be performed by Contractor as herein provided, shall be made at the unit price bid per unit by Contractor , as set out in his Proposal , and shall be full compensation for all work to be performed under the contract. ^ The estimated total payment is Three Hundred Five Thousand Three Hundred Seventy-One Dollars and Sixty Cents ( $305,371 . 60 ) . Progress payments may be made monthly. By the 20th day of each month during the progress of the work , Contractor shall submit a statement of the total amount of work then done, and of the value thereof at the prices named in Contractor ' s Proposal . The City Engineer shall review such statements for accuracy and shall deduct ten per cent ( 10�) and all sums previously paid or rightfully retained under this contract, and shall certify the proper amount due. Final payment will be made after City has determined that the work has been finally completed in accordance with the contract, and after Contractor has presented the City with an affidavit or , when requested, other evidence that all bills for labor , materials, and equipment have been paid. It is hereby stipulated and agreed that the total amount to be 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 A "Notice to Proceed" will be issued promptly after formal award and execution of the contract. The count of working days will start on the date the contractor starts construction � ^ operations or the date in the Notice to Proceed, whichever is earlier . Commencing from the date specified in the "Notice to Proceed," Contractor shall have a maximum of 120 working days to procure all necessary materials and equipment and complete all work . Time of completion is of the essence of this contract and should 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 City, but that it will be difficult, if not impossible for the City to establish either the full extent or the amount of damages under the ordinary rules of evidence. It is therefore understood and agreed by and between the parties hereto that the payment by Contractor to the City of the sum of Two Hundred Twenty-Five Dollars ( $225 .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. Contractor hereby agrees that the City can withhold payments under the terms of this contract for all sums and amounts due and owing as liquidated damages. � 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 extend 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 the reasons set forth on Page S-3 of the Specifications, 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 . COMPLETION OF CONTRACT--APPROVAL OF WORK. Contractor , upon completion of the contract work, shall notify the City Engineer of such fact . The City Engineer shall thereupon inspect the work and make a written report to the City Manager , and City hereby agrees that upon the approval of the report, and provided the work is completed in accordance with the terms of this contract, it will make final payment to the Contractor . 5 . CONTRACT DOCUMENTS. It is agreed between the parties to this contract that all documents set forth in the bound volume titled "Project Manual City of Cape Girardeau, Missouri , South Sprigg Street, Section II , Federal Aid Urban System Project No. M-1518 (002 ) , October r^ 1985" and all documents referenced therein, the plans for the South Sprigg Street, Section II project dated November , 1979 -2- � and consisting of 27 pages and the Proposal submitted by Contractor shall be and constitute integral parts of this contract as though set out in words and figures herein. 6 . INSURANCE REQUIREMENTS AND INDEMNITY . Contractor agrees to file with the City prior to the commencement of the work, a Certificate of Insurance naming the City as coinsured, showing that the Contractor has in force for a period equal to the period of the contract a policy of general liability insurance insuring 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 . Contractor hereby binds himself to indemnify and save harmless the City of Cape Girardeau from claims , demands, suits and actions of every name and description brought against the 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. � Contractor shall protect and hold harmless the Burlington Northern Railroad Co. (hereinafter Burlington Northern) and any other railroad company occupying or using the Burlington Northern right-of-way or line of railroad against all loss, liability and damage arising from activities of the contractor, its forces or any of its subcontractors or agents. Contractor shall furnish to Burlington Northern a railroad protective liability policy in the form provided by FHPM 6-6-2-2 , or as such form may be hereafter amended or supplanted, and any other pertinent instructions issued by the Federal Highway Administration, Department of Transportation. The combined single limit of said policy shall not be less than Two Million Dollars ( $2 ,000 , 000 .00 ) for all damages arising out of bndily injuries to or death of any person or persons and for all damages arising out of loss or destruction of or injury or damage to property in any one occurrence, and, subject to that limit a total ( or aggregate) limit of not less than Six Million Dollars ($6 ,000 ,000 . 00 ) , for all damages arising out of bodily injuries to or death of any person or persons and for all damages arising out of or loss or destruction of or injury or damage to property during the policy period. Said insurance policy executed by a corporation qualified to write the same in the State of Missouri , shall be in the form and substance satisfactory to Burlington Northern and shall be delivered to ,r., and approved by the Railroad ' s Regional Chief Engineer prior to the entry upon or use of its property by the contractor . -3- ^ Contractor shall carry regular Contractor ' s Public Liability and Property Damage Insurance as specified in FHPM 6-6-2-2 , or as such form may be hereafter supplanted or amended, and any other pertinent instructions issued by the Federal Highway Administration , Department of Transportation, providing for a limit of not less than Five Hundred Thousand Dollars ( $500 ,000 .00 ) for all damages arising out of the bodily injuries to or death of one person, and, subject to that limit for each person, a total limit of not less than One Million Dollars ($1 , 000 ,000 .00 ) for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and providing for a limit of not less than Five Hundred Thousand Dollars ($500 ,000 .00 ) for all damages to or destruction of property in any one accident and subject to that limit a total ( or aggregate) limit of not less than One Million Dollars ($1 , 000 , 000 .00 ) for all damages to or destruction of property during the policy period. A certified copy of the policy providing said Contractor 's Public Liability and Property Damage Insurance executed by a corporation qualified to write the same in the State of Missouri, in form and substance satisfactory to Burlington Northern, shall be delivered to and approved by Burlington Northern's Regional Chief Engineer prior to the entry upon or use of the Burlington Northern property by the contractor . 7 . PAYMENT AND PERFORMANCE BONDS. � Contractor agrees to file with the City bonds with corporate surety for the faithful performance of this contract and for the payment of all materials, labor and other items as set forth in Section 107 . 170 RSMo 1978 in an amount equal to the total contract price, and with such surety as will be satisfactory to the City. 8 . PREVAILING WAGES. Contractor agrees to make payment of all wages in conformance with the official schedules of wage rates as determined by the United States Department of Labor and in compliance with Federal regulations as set forth in the contract documents . Contractor further 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 Missouri Department of Labor and Industrial Relations in the Wage Determination set forth in the contract documents . Contractor agrees that he will comply with the provisions of the Prevailing Wage Law. Contractor hereby agrees that he will forfeit to the City as a 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 -4- � 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. 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. Contractor hereby agrees that the City can withhold payments under the terms of this contract for all sums and amounts due and owing as a result of any violations of the Prevailing Wage Law. 9 . NO WAIVER OF FUTURE BREACH . Failure of either party to insist, in any one or more instances , on a strict performance of any of the terms or 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 Penzel Construction Company, Inc, has hereto by and � -5- � through its authorized representative, affixed its name the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI Gary A. Eide, City Manager ATTEST: Alvin Stoverink , City C erk PENZEL CONSTRUCTION COMPANY, INC. Carl Penzel , President ATTEST: ,�-� Patsy H. Terry, Secretary � -6-