The URL can be used to link to this page

Home My WebLink AboutRES.1720.10-15-2001 T . BILL N0. 2001-206 RESOLUTION NO. �� . , A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DUTCH ENTERPRISES, INC. FOR THE PERRYVILLE ROAD AND LEXINGTON AVENUE WATER MAIN EXTENSION PROJECTS 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 Dutch Enterprises, Inc . for the Perryville Road and Lexington Avenue Water Main Extension Projects . A copy of said Agreement is attached to this Resolution and made a part hereof . �. PASSED AND ADOPTED THIS % ��;,�, DAY OF , 20(_' . � � , � � A. M. S radling, III or , P.�T=T$,�T,• ' f S. N` 1 +� � T �;� /�; .,l'. �ayle L ; 'Conrad, City Clerk ;' R� � � DOCUMENT 00500-AGREEMENT � BETWEEN OWNER AND CONTRACTOR Project Name: Perryville Road/Lexington Avenue 12-Inch Water Main Extension � SRF Project No.: DW 291010 Contract WM No. WM-03 � THIS AGREEMENT is dated as of the�3�.�day of in the year 20�by and between the City of Cape Girardeau,Missouri (hereinafter called Owner)and Dutch Enterprises,Inc. (hereinafter called Contractor). � Owner and Contractor, in consideration of the mutual covenants hereinafter set forth,agree as follows: � ARTICLE 1 -WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The � Work under this Contract is generally described as follows: Construction of approximately 8,139 linear feet of 12-inch water main,approximately 1221inear feet of 8-inch water main, and approximately 4501inear feet of 6-inch water main and appurtenances along Perryville � Road and Lexington Avenue as defined by the Contract Drawings and Specifications. ARTICLE 2 -ENGINEER � 2.01 The Project has been designed by Burns&McDonnell Engineering Company,who is hereinafter called Engineer and who 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 TIME 3.01 TIME OF THE ESSENCE: � A. All time limits for milestones,if any, Substantial Completion,and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. � 3.02 DATES FOR SUBSTANTIAL COMPLETION AND F1NAL PAYMENT: „ A. The Work will be Substantially Completed within 120 days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and � ready for final payment in accordance with the GENERAL CONDITIONS within 150 days after the date when the Contract Times commence to run. � 3.03 LIQUIDATED DAMAGES: A. 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 rime specified above,plus any � extensions thereof allowed in accordance with the GENERAI,CONDTTIONS. The parties also recognize the delays,expense,and difficulties involved in proving the actual loss suffered by Owner if the Work is not Substantially Completed 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 one hundred fifty dollars($150)for each 00500 00500-1 � 10/10/2001 � � DOCLJMENT 00500—AGREEMENT: continued � calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion 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 3.02 for completion and readiness for final payment or any proper extension thereof granted by Owner,Contractor shall pay Owner one hundred fifty($150)for each day that expires after the time specified for completion and readiness for final payment. � ARTICLE 4-CONTRACT PRICE � 4.01 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 below: � iJNIT PRICE SCHEDULE Item Item Description Unit Quantity Unit Price Item � Total NO' lin ft 8139 $31.93 $259,878.27 1. 12"Diameter Waterline 2. 8"Diameter Waterline lin ft 122 $18.00 $2,196.00 � 3. 6"Diameter Waterline lin ft 450 $15.00 $6,750.00 . 4. Hydrant Assemblies each 19 $1807.00 $34,333.00 5. Connection at Abbey Road &Lexington each 1 $2,150.00 $2,150.00 � Avenue 6. Connection at SW Corner of Rampart& Lexington Avenue each 1 $3,000.00 $3,000.00 � 7. Installation of 12"Gate Valve each 13 $1,134.00 $14,742.00 8. Installation of 8"Gate Valve each 3 $651.00 $1,953.00 9. Installation of 6"Gate Valve each 8 $476.00 $3,808.00 10. Removal of Existing Hydrants each 5 $500.00 $2,500.00 � 11. 16-inch casing each 361 $110.00 $39,710.00 12. 24-inch casing each 351 $120.00 $42,120.00 � � Total Bid$413,140.27 4.02 Should rock excavation be encountered,it will be paid for at$125.00 per cubic yard. Rock excavation is defined in the City of Cape Girardeau—Standard Specifications for Street � Improvements. 4.03 Bidder acknowledges that quantities are not quaranteed and final payment will be based on actual � quantities determined as provided in the Contract Documents. ARTICLE 5 -PAYMENT PROCEDURES � 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the � GENERAL CONDITIONS. 00500-2 00500 � 10/10/O1 � . � DOCUMENT 04500—AGREEMENT: continued � 5.02 PROGRESS PAYMENTS, RETAINAGE: A. 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 Engineer shall determine, or Owner may withhold, in accordance with the GENERAL CONDITIONS. 1. 90% of Work completed(with the balance being retainage),until the Work is 90% � complete. 2. 95%of the Work completed(with the balance being retainage) from when the Work is 90%complete until Substanial Completion. � 3. Upon Substantial Completion,Owner shall pay 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 the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL � CONDI'TIONS, Owner shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAI.CONDITIONS. � ARTICLE 6—INTEREST 6.01 If the Owner fails to make payment within thirty(30) days after the receipt of the Contractor's � application for payment, in addition to other remediesavailable to the Contractor,then shall be added to each such payment interest in accordance with Section 34.057 RSMo as amended. � ARTICLE 7-CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce Owner to enter into this Agreement, Contractor makes the following � representations: A. Contractor has examined and carefully studied the Contract Documents(including the Addenda)and other related data identified in the Bid Documents. B. 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. C. 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. � D. Contractor has carefully studied all: (1)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; and(2)reports and � drawings of a Hazardous Environmental Condition,if any, at the Site. 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. E. Contractor has obtained and carefully studied(or assumes responsibility of 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,and 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 � incidentthereto. 00500 00500-3 � 10/10/O1 � � DOCiJMENT 00500—AGREEMENT: continued � F. Contractor does not consider that any additional examinations, investigations,explorations, tests, studies, or data are necessary for the performing 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. G. 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. � H. Contractor has correlated the information Irnown to Contractor, information and observations 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. I. 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. � J. 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 8.01 CONTENTS: � A. The Contract Documents which comprise the entire Agreement between Owner and Contractor concerning the Work consist of the following and may only be amended,modified,or - supplemented as provided in the GENERAL CONDITIONS: � 1. This Agreement. 2. Exhibits to this Agreement(enumerated as follows): a. Notice to Proceed. � b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance,Payment, and other Bonds. � 4. General Conditions. 5. Labor-Related Regulations. 6. Specifications consisting of divisions and Sections as listed in table of contents of Project Manual. � 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Perryville Road/Lexington Avenue Water Main Extension � 8. Addenda numbers 0 to_0_, inclusive. 9. 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 the GENERAL CONDITIONS. � ARTICLE 9-MISCELLANEOUS 9.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have � the meanings stated in the GENERAI,CONDITIONS. 9.02 ASSIGNMENT OF CONTRACT: � 00500-4 00500 � 10/10/O1 ;._, , � � DOCUMENT 00500—AGREEMENT: continued � A. 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. 9.03 SUCCESSORS AND ASSIGNS: A. Owner and Contractor each binds himself,his pariners, 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. � 9.04 SEVERABILITY: A. 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. � 9.05 PROTEST PROVISIONS: A. Owner and Contractor each agree to the protest provisions specified in the Contract Documents. � IN WITNESS WHEREOF,Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner,Contractor,and Engineer. All portions of the Contract � Documents have been signed, initialed,or identified by Owner and Contractor or identified by Engineer on their behalf. � � � � � � � 00500 00500-5 � 10/10/O1 . , • � � � This Agreement will be effective on ,D,IZ,cnm�} �� , 20�, which is the Effective Date of the Agreement. _._. CONTRACTOR 4�VNER �. �-� ��X��_ �=(i ;k r`cI�!��t � Dutch Enterprises, Inc. / , f, By: �'�c � By: � Title: Robert M. Janet, CEO Title:N�i(� y E I �a. .�'j�1�� T��l E;��«�r,^ � (SEAL) (SEAL) ' , /� Attest Attest � CZ)�'1c�G� Ad ss for giving otices Address for ving notices �A ��. eon�Rpo � ��Yry e��,e,� P 0 Box 438 -4-OI �IJD�'PENL��NC� ST � Jackson, MO 63755-0438 _ CAPE G/2�i,�'D�.9U � ��'�� - 6�� - License No. (If Owner is a public body, attach � (if required by Law) evidence of authority to sign and resolution or other documents Agent for Service of process authorizing execution of Agreement) � (if required by law) � If Contractor is a co oration A roved As to Form: � 1P , PP attach evidence of authority to G'�` �1G ✓� � sign.) By: Attorney or 1 � END OF DOCUMENT 00500 � � � � 00500 00500-6 � 10/10/2001