The URL can be used to link to this page

Home My WebLink AboutRES.207.07-21-1986 { w � BILL P10. 86-106 RESOLUTION N0. �� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH KIEFNER BROTHERS, INC. FOR COMPLETION OF THE RIVERFRONT PARK PROJECT, PHASE II BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU , MISSOURI , AS FOLLOWS: SECTIOrI 1 . The City Manager on behalf of the City of Cape Girardeau, Missouri , is hereby authorized to enter into an agreement with Kiefner Brothers , Inc. for completion of the Riverfront Park Project , Ptiase II . A copy of this agreement is attached to this resolution and made a part hereof . PASSED AND ADOPTED THIS �%K�'�p_ DAY OF , 1986 . ��'i ' �� .., 1 . ^ `� ',�1C� 'L� l Ic -tZ�,��c-�1�' Fr'ancis E . Rhodes , Mayor ATTEST: , J ��" -(l�i�'1/��y��'/ _`� Alvin M. Stoverink , City Clerk � , � � CONTRACT This Contract made and entered into this day of , 1986 , by and between th�ty of Cape Girardeau , Missouri , a Municipal Corporation , hereinafter called "City" and Kiefner Brothers , Inc. , hereinafter called "Contractor " . WITNESSETH : 1 . DESCRIPTION OF 410RK . 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 Riverfront Park Project, Phase II in accordance with the drawings, �specifications and other contract documents, including Alternatives 1 , 2 , 3 and 5 but excluding Alternatives 4 and 6 . 2 . PAYr1ENT. City, for and in full consideration of the work to be �'"'` performed by Contractor as herein provided, agrees to pay Contractor the total sum of One f�undred Sixty-Five Thousand Seven Hundred Ten Dollars ( $165 , 710 . 00 ) . Progress payments may be made monthly. By the 20th clay of each month during the progress of the work , Contractor shall submit a statement of the total amount of work then done and the value of such work . The City Engineer shall review such statement as to its 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 the City has determined that the work has been finally completed in accordance with the contract, and after the Contractor has presented the City evidence that all bills for labor , materials and equipment have been paid. In the event changed or extra work is authorized by City, the contract payment price shall be adjusted according to the unit prices bid in the Form of Proposal submitted by Contractor . 3 . CONTRACT TIN1E-LIQUIDATED DAMAGES-EXTENSION OF TIME. Contractor hereby agrees to begin work under this contract not later than ten ( 10 ) days after the execution of this contract and hereby agrees to complete the project not later than 120 working days from that date . '�` 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 the City, but that it will be difficult, if not impossible for_ 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 uy contractor to City of the sum of One Hundred Dollars ( $100 . 00 ) per day for every day, except Sundays and holidays , 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 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 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 . COMPLETION OF CONTRACT-APPROVAL OF WORK. � Contractor , upon the 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 payment to the Contractor . 5 . CONTRACT DOCUMENTS. It is agreed between the parties to this contract that the drawings for Riverfront Park Project II consisting of 6 pages dated May 29 , 1986 and prepared by tY�e Architecture Company, all items set forth in the bound volume titled "Riverfront Park City of Cape Girardeau , May 1 , 1986 : , the Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246 ) 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 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 Contractor against -2- � 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 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 . 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 sucYi surety as will be satisfactory to the City. 8 . PREVAII�ING 6�AGES . � 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 i�lissouri Department of Labor and Industrial Relations in Wage Determination No . 6-016-038 . 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 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 -3- � 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 4dHEREOF, 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 Kiefner Brothers , Inc , has hereto by and 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 M. Stoverink , City C er KIEFNER BROTHERS, INC. E . K. Kiefner , President ATTEST: Secretary .-, -4-