HomeMy WebLinkAboutRES.2075.05-16-2005 ,
k
� BILL NO. 05-109 RESOLUTION NO. �--5
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH MUELLER BROS .
IRRIGATION, INC. , FOR THE IMPROVEMENT OF
WATER STREET, INCLUDING BRICK PAVERS AND
READING BOARD INSTALLATION 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 Mueller Bros . Irrigation, Inc. , for the improve-
ment of Water Street, in the City of Cape Girardeau. A copy of
said Agreement is attached to this Resolution and made a part
hereof.
PASSED AND ADOPTED THIS I�,Q�� DAY OF r , 20�j.
� ��� �
O � Ja . Knudtson, Mayor
� �
F O
'�v ,�
,*�c a vx=
�,BAL *
�
Gayle L. o rad, City Clerk
�
. �
�; �
CITY OF CAPE GIRARDEAU
� DOWNTOWN STREET IMPROVEMENTS
PHASE 1 - WATER STREET
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the�day of �c1�J� in the year 20
05 by and befinreen the City of Cape Girardeau, Missouri(hereinafter called OWNER)and
Mueller �ros. Irrigation (hereinaftercalled CONTRACTOR).
Inc.
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 Contract
Documents. The Work is generally described as follows:
The work to be perFormed under these Contract Documents consists of the
installation of a concrete paver sidewalk, mural information boards and other
related construction items as shown on the Project Plans or stated in the
Specifications
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER'S representative,assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within Twentv five( 25 �,calendar days after
the date when the Contract Times commence to run as provided in paragraph 2.3 of the
General Conditions, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within Thirtv five � 35 ) days after the date
when the Contract Times commence to run.
3.2 Liquidafed 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. They also recognize the
A-1
� 1 '
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not competed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER Five hundred $500.00 for each day that
expires after the time specified in paragraph 3.1 for Substantial Cor�pletion until the Work is
substantially complete. After Substantial Completion, if CONTRACTOR shall neglect,
refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for
completion and readiness for final payment or any proper extension thereof granted by
OWNER, CONTRACTOR shall pay OWNER Five hundred $500.00 for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in the bidding documents.
TOTAL OF ALL UN1T PRICES:F'ourt -four thousand eight ($44, 845.0�
hundred fourty-five dollars & 0/100
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments;Retainage. OWNER shall make progress payments on account of
the Contract Price on the basis of CONTRACTOR'S Application for Payment as
recommended by ENGINEER,on or about fhe 10th day of each month during construction
as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in the
case of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion,progress payments will be made in an amount equal
to the percentage indicated below, but, in each case, less the aggregate of payments
A-2
s; �
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has
been 50%completed as determined by ENGINEER,and if the character and
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER,on recommendation of ENGINEER, may determine thatas long as
the character and progress of the Work remain satisfactory to them,there will
be no additional retainage on account of Work completed, in which case,the
remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work(but delivered, suitably stored and accompanied by
documentations satisfactory to OWNER as provided in paragraph 14.2 of the
General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 95%of the Contract Price(with the'balance being retainage), less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with �
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the maximum rate atlowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in the
Bidding Documents, including "technical data".
7.2 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
fumishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
A-3
�, .
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
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 (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.2.1 �of the General Conditions. CONTRACTOR accepts the
determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent
of the"technical data"contained in such reports and drawings upon which CONTRACTOR
is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR
acknowledges that such reports and drawings are not Contract Documents and may not be
complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER
and ENGINEER do not assume responsibility for the accuracy or completeness of
information and data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and
carefully studied (or assumes responsibility for having done so) all such additional
supplementary examinations, investigations, explorations, tests, studies and data
concerning conditions(surFace,subsurface and Underground Facilities)at or contiguous to
the site or otherwise which may affect cost, progress, performance or furnishing of the
Work or which relate to any aspect of the means, methods, techniques, sequences and
procedures of construction to be employed by CONTRACTOR and safety precautions and
programs incident thereto. CONTRACTOR does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the Contract Times
and in accordance with the other terms and conditions of the Contract Documents. .
7.5 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 Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts,errors, ambiguities
or discrepancies that CONTRACTOR has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR,and the Con#ract
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages to inclusive).
8.2 Exhibits to this Agreement (pages BF- to BF- , inclusive).
A-4
. ; '
8.3 PerFormance, Payment, and other Bonds, identified as exhibits and consisting of
pages. �
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition)
8.6 Supplementary Conditions (pages SC-1 to SC- 5 , inclusive).
8.7 Specifications bearing the title DOWNTOWN STREET IMPROVEMENTS PHASE 1
WATER STREET. Dated-April, 2005.
8.8 Drawings.
8.9 Addenda numbers_to_, inclusive.
8.10 CONTRACTOR'S Bid (pages BF-� to BF-� , inclusive) marked exhibit A .
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages_to_,
inclusive).
8.12 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5
and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent(except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
A-5
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part.thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
A-6
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on �� �. , 20�(which is the
Effective Date of the Agreement).
OWNER City of Cape Girardeau CONTRACTORMue�.ter Bros. Irrigation, Inc.
N�.a7K�i4 ,�Od 1�,3� �155 iSTA N7'
CI Mana er Matt Mueller _ � __
B i� B �'1�C��t„�..e,t�(c�' -__ �___ _ ._ -. -
Y• Y• -
[CORPORATE SEAL] [CORPORATE SEAL] ` ---_y = `
Attest � Attest:%�" ���L--C_��s,a._-�-) � -- ' - . _ �
/. '
(�'AY.� L. CONRAo� C/� Ct.�2�( N�qrJ/•v /►�t.u�'tt�'� - ` _ _
Address for giving notices Address for giving notices
401 Independence Street 162 Pebble Rock Road
Cape Girardeau, MO 63703 Cape Girardeau, Mo 63701
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
t.� ����� (If CONTRACTOR is corporation,
Ob � attach evidence of authority to sign.)
$ '",
� -.�
�., .
� , ��:; � �
� ''*����� f�
� � � ,
�� .6: /C
� ���..�r..�i . .
`��r � t�- ��'��!
� _ . 1.,.--
�''y-�-_.._:.�.: :,�'�
A-7
EXHIBIT "A"
CITY OF CAPE GIRARDEAU
� DOWNTOWN STREET/MPROVEMENTS
PHASE 1 - WATER STREET
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The improvements consist of the installation of a concrete
paver sidewalk, mural information boards and other related construction items as
shown on the Project Plans or stated in the Specifications for the City of Cape
Girardeau, Missouri.
THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63703
1. The undersigned BIDDER proposes and agrees, if the Bid is accepted,to enter into an
agreement vuith OWNER in the form included in the Contract Documents to perForm and
fumish all Work as specified or indicated in the Contract Documents for the Bid Price and
within the Bid Timss indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
2. BIDDER accepts alf of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including without limitation those dealing with the disposition of
Bid security. This Bid will remain subject to acceptanee for thirty-five days after the day of
Bid opening. BIDDER will sign and deliver the required number of counterparts of the
Agreernent with the Bonds and other documents required by the Bidding Requirements
within fifteen days after the date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER represents,as more fully set forth in the Agreement,that:
BIDDER has examined and carefully studied the Bidding Documents and the following
Addenda, receipt of all which is hereby acknowledged: �ListAddendabyAddendumNumberand0ate)
/U'o n�
(b) BIDDER 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;
BF-1
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of subsurface
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 (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination
set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the
"technical data" contained in such reports and drawings upon which BIDDER is entitled to
rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that
such reports and drawings are not Contract Documents and may not be complete for
BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume
responsibility for accuracy or completeness of information and data shown or indicated in
the Bidding Documents with respect to Underground Facilities at or contiguous to the site.
BIDDER has obtained and carefully studied(or assumes responsibility for having done so)
all such additional or supplementary examinations, investigations, explorations, tests,
studies and data concerning conditions(surface, subsurface and Underground Facilities)
at or contiguous to the site or otherwise which may affect cost progress, performance or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
. sequences and procedures of construction to be employed by BIDDER and safety .
precautions and programs incident thereto. BIDDER does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the
determination of this Bid for performance and fumishing of the Work in accordance with the
times, price and other terms and conditions of the Contract Documents.
(e) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
(fi� BIDDER has correlated the information .known to BIDDER, information and
observations obtained from visits to the site,reports and drawings identified in the Contract
Documents and atl additional examinations,investigations, explorations,tests, studies and
data with the Contract Documents.
(g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performing and furnishing the Work for which this Bid is submitted.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person,firm or corporation and is not submitted in conformity with any agreement or rules
of any group association,organization or corporation; BIDDER has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER
BF-2
�
has not sought by collusion to abtain for itself any advantage over any other Bidder or over
OWNER.
4. BIDDER will compiete the Work in accordance with the Contract Documents for the
following price(s)
UNIT PRICE BID
NO ITEM UNIT EST. UNIT TOTAL
, Q-�y, PRICE EST. PRICE
1 TRAFFIC CONTROL L.S. 1 .._ ,_.
2 HOLLAND STONE PAVER
SIDEWALK SQ.FT. 5,090 0
NEW CONSTRUCTION WORK �� ��O 7�° a"
3 HOLLAND STONE PAVER
SIDEWALK
REPLACEMENT WORK SQ•�• 4� �� •% ����oa a..°
4 MURAL INFORMATION BOARDS
INSTALLATION ONLY EACH 25 �5°n l� �°2�°�
TOTAL BID FOR ALL UNIT PRICES . . . . . . . . . . $ � �
`1� /�6u
�- � /�
to r�j `�u.r ��,�8an,r{ e�g�' /�u vto���'o� 'T F�v�e �i�e G�'a r,5 � �.
(Written figure)
(Total bid amount is to be shown in both words and figures. In case of discrepancy, the
amount shown in words will govern. In case of error in extension, the unit and lump sum
prices under each Pay Item will be considered Eorrect, and these sums when properly
extended, shall constitute the Bid.)
Unit Prices have been computed in accordance with paragraph 11.9.2 of the General
Conditions.
BF-3
� ,
- BIDDER acknowledges that quantities are not guaranteed and final payment will be based
on actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantialiy complete within twenty five �25 �
calendar days after the date when the Contract Times commences to run as provided in
paragraph 2.3 of the General Conditions, and completed and ready for final payment in
accordance with paragraph 14.13 of the General Conditions within thirty five(35�calendar
days after the date when the Contract Times commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the times specified in the Agreement.
6. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or cashiers check
(b) Required BIDDER'S Qualification Statement with supporting data.
(c) Any Addenda issued.
7. Communications concerning this Bid shall be addressed to:
Name �'�la`t+ i'�►�-c t ler-
Address ��Z pt�j,�.� 2a c.k R c�.
(a) Performance and Payment Bonding Company
Name
Address
Agent\Power of Attorney Name (if used)
Address
8. Terms used in the Bid which are defined in the General conditions or Instructions will
have the meanings indicated in the General Conditions or Instructions.
SUBMITTED on ►'�'lq� t a'`'�` , 20 ds.
� State Contractor License No.
IF BIDDER is:
An Individual '
By (SEAL)
(Individual's Name)
doing business as
Business address:
Phone No.:
BF-4
, '
A Partnershin �
By (SEAL)
(Firm Name)
(General Partner)
Business address:
Phone No.: Sr73 �� �[-�1q2 �
A Corporation - ,
By d►'1�e l�e�- I��s. �rr����-�a r ,'�w�-. (SEAL)
(Corporation Name)
(State of Incorporation)
gy _�d�`�" .�.c,Q.LIQA (SEAL) �
(Name of Person Authorized to Sign)
��
, ,es,u��•,���er!
y `�4"/�Q6DJad`)ii Y'��j�'`',� (Title) .S�e-r�-���
__ ,��:z����a e Seal)
, ����te��-�
�.. ; - - ...: �: (Secretary)
;:��si�+�ss address: ��� ��,�6 fe �2ae� Rd.
� _
.,� . ;.,..�.;
Phone No.: �'7 3- �Srl-6I9�
Date of Qualification to do business is
A Joint Venture
By (SEAL)
(Name)
(Address)
By (SEAL)
(Name)
(Address)
Phone Number and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
BF-5
`, �
BREAKDOWN OF WORK FORCE (Required): �
BIDDER hereby states that he will perform the following items of work directly without
employment of subcontractors:
��-eS
It is anticipated that the foliowing subcontractors will be employed for work on this project:
SUBCONTRACTORS:
(Narne) (Type of Work)
aN o,��
BF-6