HomeMy WebLinkAboutRes.3081.06-05-2017 BILL NO. 17-76 RESOLUTION NO. 3 666
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH ADVANCED TURF
SOLUTIONS, INC. , d/b/a J & D TURF, FOR PHASE II
OF THE SHAWNEE PARK SPORTS COMPLEX RENOVATION, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Advanced Turf Solutions, Inc. , d/b/a J & D Turf,
for Phase II of the Shawnee Park Sports Complex Renovation, in
the City of Cape Girardeau, Missouri . The Agreement shall be in
substantially the form attached hereto as Exhibit "A", which
document is hereby approved by the City Council, and
incorporated herein by reference, with such changes therein as
shall be approved by the officers of the City executing the
same .
PASSED AND ADOPTED THIS �� DAY OF 1 2017 .
Harry E. R diger., Mayor
ATTEST:
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Bruce Tay/.• , Deputy City Clerk ;H 1
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CITY O CAPE
G I R A R D E A U
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the 5th day of June in the year 2017 by and between
the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Advanced Turf
Solutions, Inc. d/b/a J & D Turf (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Proposal
#1002017 Documents as received by the City on September 14, 2016. The Work is
generally described as follows:
• Phase 2 Renovation of the Shawnee Park Softball Fields 1, 2, 3, 4 and 5
(Attachment A)
Article 2. OWNER'S REPRESENTATIVE.
The City Parks and Recreation Director or his/her designee is to act as OWNER'S
representative, assume all duties and responsibilities and has the rights and authority
assigned to Owner's Representative in the Contract Documents in connection with
completion of the Work in accordance with the Proposal Documents.
Article 3. CONTRACT TIMES.
3.1 Regardless of when the work is begun on this contract, all work shall be completed and
ready for final payment for Phase 2 on or before October 27, 2017
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. Final payment will be
withheld pending project completion
Article 4. CONTRACT PRICE.
4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
proposal documents an amount of $523,256.65 for Phase 2 in two installments, one in
week two of the project and final payment will be issued after the successful completion of
the project.
4.2 OWNER agrees to pay CONTRACTOR an additional amount for spoil removal not to
exceed $4,000.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 4.1 by
invoicing the City in week 2 of the project with the final invoice and payment request upon
successful completion of the project.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
6.1 CONTRACTOR has examined and carefully studied the Contract Documents and the
other related data identified in the Bidding Documents, including "technical data".
6.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work.
6.3 CONTRACTOR is familiar with and will satisfy all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
6.4 CONTRACTOR has carefully studied all reports of explorations and conditions at or
contiguous to the site and all drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the site.
6.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Proposal Documents.
6.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Proposal documents and all additional examinations, investigations, explorations, studies
and data with the Proposal Documents.
6.7 CONTRACTOR agrees to pay prevailing wage as required by Missouri Statutes.
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6.8 CONTRACTOR agrees to provide certificate of Payment and Performance Bond prior
to the commencement of any work.
Article 7. PROPOSAL DOCUMENTS.
Only work for Phase 2 is included in this Agreement with a Scope listed as Attachment A
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies on the day and year stated below.
OWNER City of Cape Girardeau CONTRACTO
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By: __/1' By: 4 '. i ;i c
•RPO-E EAL] [CORPORATE SEAL) , >>3
Attest o Attest `' thC'h&QQD ho..natiC •�
B or, eputy City Clerk Michel-. Llartea-C, Ouse hen Mana 2.1L .
Date pine. d4 JnJ7 Date C ine_ 8, 2Dt-1
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Address for giving notices Address for giving notices
401 Independence Street 2330 Weldon Parkway
Cape Girardeau, MO 63703 MaMand Heights. MO 63146 r4i
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A-3
SCOPE OF AGREEMENT FOR FIELD RENOVATION PROJECT
PROJECT:Shawnee Park Sports Complex Field Renovation Project Phase 2
DATE:July 12017
CONTRACTOR:Advanced Turf Solutions. Inc. d/b/a J & D Turf
SCOPE/PRICE: 'Advanced Turf Solutions. Inc. d/b/a J & D Turf agree to comply with all of the
terms of the Request for Proposal,and all of the terms of their Proposal dated: Submitted September
14,2016. The City's Request for Proposal and the Proposal from J and D Turf are attached hereto and
incorporated herein by reference." -
Advanced Turf Solutions. Inc. d/b/a J & D Turf to complete Phase 2 of the project amount not to
exceed$523,256.65 for fields 1,2,3,4,&5 as proposed to indude maintenance access area.
• Spoil removal will be separate and billed at a per truck rate not to exceed 54,000
• The estimated Job time frame is five weeks upon notice to proceed weather permitting.
• Project invoicing will occur in week two and will be based on%of work completed to be
verified by all parties.
• The final Invoice will be sent upon successful job completion and confirmed by the City.
• Project Manager for the City will be Kaed Horrell,Assistant Recreation Division Manager
ATTACHMENT A
A-4