HomeMy WebLinkAboutRES.144.05-01-1985 • • ,
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BILL N0. 85-43 RESOLUTION NO. �
A RESOLUTION AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY OF CAPE GIR ARDEAU,
MISSOURI TO ENTER INTO A CONTRACT WITH
DRISKELL CEMENT FINISHING CO. , INC. FOR THE
IMPROVEMENT OF BENTON STREET FROM LINDEN TO
HACKBERRY; HACKBERRY STREET FROM BENTON TO
GIBONEY; HICKORY STREET FROM BENTON TO
PACIFIC; HICKORY STREET FROM RANNEY TO
GIBONEY; AND LINDEN STREET FROM BEAUDEAN
LANE TO BENTON, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
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 authorized to enter into a contract
with Driskell Cement Finishing Co. , Inc. for the improvement of
Benton Street from Linden to Hackberry; Hackberry Street from
Benton to Giboney; Hickory Street from Benton to Pacific ;
Hickory Street from Ranney to Giboney ; and Linden Street from
Beaudean Lane to Benton Street . A copy of this Contract is
� attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS _1�%�"_ DAY OF d'% ' ,�� ,
1985 .
��'�t�
Howard C. Tooke, Mayor
ATTEST:
/ � � ��
, �-�,��,
elyn . LeGrand
Deputy City Clerk
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� PAVING CONTRACT
COMMUNITY DEVELOPMENT BLOCK GRANT IMPROVEMENT
SOUTH CAPE NEIGHBORHOOD RESTORATION PHASE II
PROJECT #84-ND-01
This Contract made and entered into this day
of , 19 , 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 Driskell Cement Finishing
Co. , Inc. , hereinafter called the "Contractor" ;
WITNESSETH:
DESCRIPTION OF WORK.
The 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 , provisions, attachments and addenda thereof, and
the general and detailed specifications, which are hereto
attached and made a part of this contract . Contractor shall
improve that part of Benton Street, from a point 25 feet south
� of the center of Linden Street, south 875 .8 feet to the center
of Hackberry Street ; that part of Hackberry Street, from a
point 15 feet west of the center of Benton Street, east 1 , 742. 4
feet to the west edge of Giboney Street ; that part of Hickory
Street, from a point 35 feet east of the center of Benton
Street , east 337 . 5 feet to the center of Pacific Street , and
from the center of Ranney Street, east 316 . 9 feet to the west
edge of Giboney Street ; and that part of Linden Street , from a
point 12. 5 feet east of the west right-of-way of Beaudean Lane,
east 245. 7 feet to a point 1 . 6 feet east of the center of
Benton Street, by grading to the established grade and
constructing thereon a Portland Cement Concrete Pavement, 6
inches thick and 30 feet in width between the back of 6 inch
Portland Cement Concrete integral curbs and gutters, all as
shown on the plans on file in the Office of the City Clerk of
the City of Cape Girardeau, Missouri .
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 said improvement ,
camplete in place , including all labor , equipment, materials,
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accessories and incidentals . The estimated total payment is
� Two Hundred Thirty-One Thousand Seven Hundred Twelve Dollars
and Seventy Cents ($231 ,712. 70 ) .
Payment to the Contractor shall be made from current funds
and monthly estimates to be made to the Contractor for work
completed, less ten percent (10�) retainage . Final payment to
be made within ten (10) days of final acceptance of the work by
the City Council .
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.
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 Eighty ( 80 ) 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 by 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 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 an ordinance 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 .
• APPROVAL OF THE WORK 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 shall thereupon inspect said work and make a
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written report to the City Manager , 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 .
CONTRACT DOCUMENTS .
It is agreed between the Parties to this contract that the
plans , specifications , both general and detailed, including all
items set forth in the bound volume for the Community
Development Block Grant Program for the City of Cape Girardeau,
Missouri titled "Specifications and Contract Documents for
Community Block Grant Improvements South Cape Neighborhood
Restoration Project Phase II, Project 84-ND-01 , " 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 .
INDEMNITY TO CITY.
The 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 the 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 , 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' S SURETY.
The Contractor agrees to file with the City a bond with
corporate surety for the faithful performance of this contract
and for the payment of all materials , labor and other items all
as set forth in Section 107 . 170 RSMo 1978 in an amount equal to
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the total contract price , and with such surety as will be
� satisfactory to the City.
PREVAILING WAGES.
The 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 Federal government in decision number M084-4044, except
that where a job classification is not covered by the Federal
decision the Prevailing Hourly Rate of Wages shall be as
determined by the Missouri Department of Labor and Industrial
Relations in Wage Determination No . 5-016-020. Copies of these
wage determinations are set forth in the bound "Specifications
and Contract Documents" volume . The 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 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 In dustrial
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 all sums and
amounts due and owing as a result of any violations of the
Prevailing Wage Law.
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 Agreemen t shall be altered,
waived, modified or abandoned in any manner except by written
instrument executed by both parties .
PARTIES BOUND.
This Contract is binding upon the Parties hereto and their
su�ccessors 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
4.
and Driskell Cement Finishing Co. , 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:
Evelyn G. LeGrand
Deputy City Clerk
DRYSKELL CEMENT FINISHING CO. , INC.
Dan Driskell , President
ATTEST:
�
[Typed Name of Signer ]
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PROPOSAL
(Community Development Block Grant Program)
Cape Girardeau� Missouri
A�ri 1 24. 1985 , 1985
PROPOSAL FOR COMMUNITY DEVELOPMENT BLOCK GRANT IMPROVEMENTS, SOUTH CAPE NEIGHBOR-
HOOD RESTORATION, PHASE II
To the Honorable Mayor and Councilmen
of the City of Cape Girardesu, Missouri
Gentlemen:
in i�esponse to the advertisement as published calling for bids for the improve-
ment of the following streets:
Benton Street, from a point ZS feet south of the center of Linden Street, south
875.8 feet to the center of Hackberry Street:
� Hackberry Street, from a point 15 feet west of the center of Benton Street,
east 1,742.4 feet to the west edge of Giboney Street;
Hickory Street, from a point 35 feet east of the center of Benton Street, east
337.5 feet to the center of Pacific Street, and from the center of Ranney
Street, east 316.9 feet to the west edge of Giboney Street;
Linden Street, from a point 12.5 feet east of the west right-of-way of Beaudean
Lane, east 245.7 feet to a point 1.6 feet east of the center of Benton Street;
the undersigned, having familiarized himself with the existing conditions on the
project and with the related contract documents, hereby proposes to furnish all
supervision, labor, material and equipment, and all else necessary to begin work
within ten ( 10) days after the award of the contract and to complete the work in
2 �(� working days, all in accordance with the laws and ordinances pertaining
to the work for the following unit pricess
Quantity Unit Cost
Cost
1a. Excavation, including all cuts and fills. 3,592 C.Y. $ '�. 50 $ 12 . 57?_ .00
lb. Excavation, including all cuts and fills. 3,930 C.Y. $ (� $ (;
2ai P.C. Concrete pavement, 6 inches thick. 12,153 S.Y. $ 1 .3 40 $ 162.850. 2G
� 2b. Asphaltic Concrete pavement, 7 inches
thick. 12, 153 S.Y. $ n $ Q
3a. 6 inch upright integral curb. 6,879 L.F. $ 1 . 50 $ 1C. 31Fs. 5Q
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3b. Separate 6 inch upright concrete curb. 6,879 L.F. $ � $ n
4. Driveway pavement, 6 inch P.C. Concrete
or 7" Asphaltic Concrete 433 S.Y. $ ��•�C $ 7+7�4 .00
5. Street pavement zemoved. 6 S.Y. $ gg,0C1 S _ �'r's_nC!
6. Driveway pavement removed. 241 S.Y. $ 16. 50 S 3��7F�_ �,n
7. P.C. Concrete sidewalk, 4 inches thick. 14 S.Y. $ 2 0.00 s :�n_nn
1 ?_00.0 8 400.00
8. Single inlet, complete in place. 7 Each $ + � +
9. Double inlet, complete in place. 1 Each $ 1 � 500.0� 1 ,,.,5n�_nn
10. Junction box, complete in place. 4 Each $ �00.O(� 3�nn_nn
11. 30" reinforced concrete pipe, ASTM
C 76, Class II. 10 L.F. S ��?.(;Q $ ��C.QQ
12. 18" reinforced concrete pipe, ASTM
C 76, Class II. 55 L.F. $ ?A.7(? S 'I� 63� . 5Q
� 13. 15" reinforced concrete pipe, ASTM
C 76, Class II. 81 L.F. $ 27. 50 $ ? . ?27. 50
14. 12" reinforced concrete pipe, ASTM
C 76, Class II. 12 L.F. $ <?.OC� $ 26� .CC
15. 12" reinforced concrete pipe salvaged
and relayed. 22 L.F. $ 3i.�C $ ��6.00
16. 29" X 45" elliptical reinforced concrete
pipe, ASTM C 507, Class II. 39 L.F. $ � �0.00 $ 4 ,?90.00
17. 24" X 39" elliptical reinforced concrete
pipe, ASTM C 507, Class II. 50 L.F. $ 93. 5C $ 4 ,F>i 5.00
18. Crushed stone. 100 Tons $ �C�.00 $ 1 ,OCQ.CC!
19. Rip rap. 10 Tons $ 2n•C� $ �CO.C�C
20. Asphaltic Concrete wedging and tapers, � n
in place. 40 Tons S � �n•�'� $ 4 ,4, C.C.,
21. �" 0 reinforcing steel. 275 L.F. $ • 5� $ ��7. 5C
22. Project sign. 1 Each s 35�.UO $ �jCi.CO
� TOTAL $ �3� �'] 1< .�I n
� -3-
Items la, 2a, 3a, and 4 through 22 are to be bid for Concrete Pavement
alternate.
Items lb, 2b, 3b, and 4 through 22 are to be bid for Asphaltic Pavement
alternate.
Attached hereto fs 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.
The Bidder agrees that this bid shall be good and may not be withdrawn for a
period of 60 calendar days after the scheduled closing time for receiving bids.
Enclosed herew'th is a bid security in the sum of Eleven Thousand �'iV2 F:undred
Ei�-ht,y - Five 64�100 �$ � . ��
being five percent (5B) of the bid as a guarantee that the bidder will, if awarded
the contract, in ten (10) days enter into contract and execute a bond as provided for
in the contract.
Respectfully submitted,
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BY �1.�� .c�/!'lt::l�/�
I'resident
Title
Date l;�.ril ?4 . , 1985
Corporation Seal
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