HomeMy WebLinkAboutRES.2595.03-07-2011 BILL NO. 11-30 RESOLUTION NO. �✓ ��
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH PENZEL
CONSTRUCTION COMPANY, INC. , FOR RENOVATION
OF THE CENTRAL MUNICIPAL POOL, 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 Penzel Construction Company, Inc . , for
improvements at the Central Municipal Pool . A copy of said
Agreement is attached to this Resolution and made a �art hereof .
PASSED AND ADOPTED THIS �� DAY OF , 20��.
Harry . Re iger, Mayor
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CITY OF CAPE GIRARDEAU
CAPE GIRARDEAU CENTRAL MUNICIPAL POOL RENOVATION
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the 7th day of March in
the year 2011 by and between the City of Cape Girardeau, Missouri (hereinafter called
OWNER) and Penzel Construction (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 Contract
Documents. The Work is generally described as follows:
The work to be performed under these Contract Documents consists of...
CAPE GIRARDEAU CENTRAL MUNICIPAL POOL RENOVATION
Article 2. DIRECTOR.
The Director shall be defined as Daniel D. Muser, Director of Parks and Recreation, or his
designee. He is to act as OWNER'S representative, assume all duties and responsibilities
and have the rights and authority assigned to DIRECTOR 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 by June 10'h, 2011 , and completed and
ready for final payment in accordance with paragraph 14.13 of the General Conditions, 60
days thereafter.
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. They also recognize the
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 Dollars ($500.00) for each day
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that expires after the time specified in paragraph 3.1 for Substantial Completion until the
Work is substantially complete. Substantial completion shall be defined as the safe,
beneficial occupancy by the owner and the public of the pool facility for its intended
purpose.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.1 LUMP SUM CONTRACT AMOUNT:
Five-Hundred-Seven-Thousand-Three-Hundred-Seventeen Dollars ($ 507,317.00)
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
DRIECTOR 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 DIRECTOR, on or about the 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
previously made and less such amounts as DIRECTOR 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 DIRECTOR, and if the character and
progress of the Work have been satisfactory to OWNER and DIRECTOR,
OW NER, on recommendation of DIRECTOR, may determine that as 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,
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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 DIRECTOR 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 DIRECTOR 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 allowed 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
furnishing 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.
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
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acknowledges that such reports and drawings are not Contract Documents and may not be
complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER
and DIRECTOR 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 DIRECTOR written notice of all conflicts, errors, ambiguities
or discrepancies that CONTRACTOR has discovered in the Contract Documents and the
written resolution thereof by DIRECTOR is acceptable to CONTRACTOR, and the Contract
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 A-1 to A=7 inclusive).
8.2 Bid Form (pages BF- 1 to BF- 7, inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits 2 and consisting of 4
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- 6 , inclusive).
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8.6A Supplementary Documents:
Affidavit of Work Authorization (1 page inclusive)
Contractor's Affidavit Regarding Settlement of Claims (1 Page inclusive)
Contractor's Warranty (1 page inclusive)
Sovereign Immunity Limits (1 page inclusive)
Prevailing Wage (15 Pages Inclusive)
Affidavit Regarding Excessive Unemployment (2 Pages inclusive)
E-Verify (12 Pages inclusive)
Affidavit of OSHA Training including Missouri Revised Statutes (4 Pages
inclusive)
8.7 Specifications bearing the title Cit oy f Cape Girardeau Central Pool Renovation Proi^
No. 0908.
8.8 Drawings.
8.9 Addendum number 1 , Pages 1 to 5 inclusive.
8.10 CONTRACTOR'S Submitted Bid (pages BF- 1 to BF-7, inclusive) .
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (N/A).
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
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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.
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.
9.5 The General Contractor shall provide to the City of Cape Girardeau City Parks and
Recreation Department's Office weekly certified payrolls from the General Contractor and
all Subcontractors during the course of the project. These may be provided on a weekly
basis or submitted monthly with each pay request.
9.6 Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a
federal work authorization program with respect to the employees proposed to work in
connection with the services requested herein by 1) submitting a completed, notarized copy
of AFFtDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the
bidder's enrollment and participation in a federal work authorization program with respect
to the employees proposed to work in connection with the services requested herein.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
DIRECTOR 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
DIRECTOR on their behalf.
This Agreement will be effective on `� � �� , 2010 (which is the
Effective Date of the Agreement).
OWNER City of Cape Girardeau CONTRACTOR Penzel COnstruction
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Scott A. M r Cit Mana er ��i � ��D C . �-e.h z e� �res io%h 7�
. By- By: � �
- [CO PO TE SEAL] [ ORPORATE EALr
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Attes %e Q� �� �,,� Attest �.� , �- ,��_�� -
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Address for giving notices Address for giving notices
410 Kiwanis Drive /� b , �ox 330
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Cape Girardeau, MO 63703 •-lf�-��S �N ✓� � 6 375,�j
(If OWNER is a public body, attach �icense No. 93 6 7d
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement. I'•/, C . ��Ze J
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�.��:s-=__ � ��"�� (If C TRACTOR is corporation,
Cf .��,��� attach evidence of authority to sign.)
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