HomeMy WebLinkAboutRES.852.08-16-1993 BILL NO. 93-184 RESOLUTION NO. ��
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH DUMEY EXCAVATION, INC.
FOR SITE GRADING AT OSAGE PARK AND SHAWNEE
PARK
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 a
contract with Dumey Excavation, Inc. for construction of site
grading improvements in Osage Park and Shawnee Park in the City of
Cape Girardeau. A copy of said Contract is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THIS � DAY OF , 19 �.
•.`/° p f '-�,7 , •.�
rancis E. Rhocles, Mayor
ATTEST:
K'mberly . Pruett, Deputy City Clerk
CITY OF CAPE GIRARDEAII
SITE GRADING AT OSAGE AND SSAWNEE PARKS
STANDARD FORM OF AGREEMENT
BETWEEN OW1�TE�R AND CONTRACTOR
ON THE BASIS OF A STIPIILATED PRICE
TSIS 11GREEI�ti'P is dated as of the �� day of� in the year 1993 by and
between the City of Cape Girardeau, M ssour ereinafter e an umey Excavation, Inc.
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of tha mutual covenants hereinafter set forth, aqree as follows:
,rtic].o 1. WOR1C.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
Construction of site qradinq improvements in Osaqe and Shawnee Parks in Cape Girardesu. improvements at both
park sites include excavation and construction of compacted embanl�ent, qrading and erosion control measures.
Constzuction shall be as shown on the plans on file in the office of the City Clerk of the City of Cape
Girardeau, Missouri.
1lsticl� 2. EfiGII�IEER.
The City Enqineer or his designee is to act as OWNER's representative, assume all duties and responsibilities
and have the riqhts and authozity assiqned to ENGINEER in the Contract Documents in connection with completion
of the Work ln accordance with the Contract Documents. _
�rtic.la 3. CONTR7ICS T�S.
3.1 The work will be substantially completed within 90 calendar days after the date when the Contract Times
commence to run as provlded in paraqraph 2.3 of the General Conditions, and competed and ready for flnal payment
in accordance with paraqraph 14.13 of the General Conditions vithin 120 days after the date when the Contract
Times commence to run.
a.z Ljquidated 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 aY.ove, plus any
extensions thereof allowed in accordance with Article 1.2 of the General
Conditions. They also recognize the delays, expense and difficulties involved
in proving the actual loss suffered;.Ly OWNER if the Work is nor,. competed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that
as liquidated damages for delay (�l�t not as a penalty) CONTRACTOR shall pay OWNER
One Hundred dollars ($100.00) for each day that expires after the time specified
in paragraph 3.1 for Su�stantial Completion until the Work is suYstantially
complete. After Sukstantial 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 �ly OWNER, CONTRACTOR shall pay OWNER Fifty dollars ($50.00) for each day
that expires after the time specified in paragraph 3.1 for completion and
readiness for final payment.
Article 4. CONTRA�CT 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 paragraph 4.l �below:
4.1 for Unit Price work, an amount equal to the sum of the esta�lished unit
price for each separately identified item of Unit Price Work times the
estimated quantity of that item as indicated in CONTRACTOR's proposal,
which is attached hereto and made a part hereof, and shall �be full
compensation for furnishing said improvements, complete in place. The
estimated total payment is:
Six Hundred Twentv-Two Thousand, Nine Hundred Sixtv Dollars and Seventv-
Three Cents (words) ,
$622,960.73 (Figures)
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' � 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 �Ly ENGINEER as pronided 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. PA�iT PROCF.DURES.
CONTRACTOR shall su�nit Applications for Payment in accordance with Article 14
of the General Conditions. Applications for Payment will �be processed ��.y
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 �rasis of CONTRACTOR's Application for Payment as
recomm�ended ��y ENGINEER, on or albut the lOth day of each month during
construction as provided in paragraphs 5.1.1 and 5.1.2 �below. All such payments
will �be measured �Ly the schedule of values esta b.lished in paragraph 2.9 of the
General Conditions (and in the case of Unit Price Work �Yased 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 Su�stantial Completion, progress payments will �be made in an
amount equal to the percentage indicated �below, �Y,ut, 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 paragraph 14.7 of the
General Conditions. �
90� of Work completed (with the �ralance �beinq retainage) . If
Work has �been SOg completed as determi.ned �k.y ENGINEER, and if the
character and progress of the Work have �been satisfactory to OWNER
and ENGINEER, OWNER, on recommendation of ENGINEER, 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, the remaining progress
payments prior to Sulstantial Completion will �be an amount equal to
100� of the Work completed.
90� (with the +Yalance �being retainage) of materials and
equipment not incorporated in the Work (.l�t delivered, suita�l.y
stored and accompanied :Ly documentation satisfactory to OWNER as
provided in paragraph 14.2 of the General Conditions) .
5.1.2 Upon Sukstantial Completion, in an amount sufficient to increase total
payments to CONTRACTOR to 95� of the Contract Price (with the �kalance �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 �Ly 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 allowed �hy law at the place of the
Project.
Article 7. CONTRACTOR'S REPRESENTAT=ONS.
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
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(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 fami.liar 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
su hsurface conditions at or contiguous to the site and all drawings of physical
conditions in or relating to existing surface or su burface 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 respons�hi.lity 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 a�tained and carefully
studied (or assumes responsi�hility for having done so) all su.ch additional
supplementary examinations, investigations, explorations, tests, studies and data .
concerning conditions (surface, suksurface and Underground Facilities) at or
contiguous tot he 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��y 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 otservation oL'tained 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,
amk;iguities or discrepancies that CONTRACTOR has discovered in the Contract
Documents and the written resolution thereof �Ly ENGINEER is accepta�le to
CONTRACTOR, and the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performance and furnishi.ng
of the Work.
Article 8. CONTRACT DOCQMENTS.
The Contract Documents which comprise the entire agreement �between OWNER and
CONTRACTOR concerninq the Work consist of the following:
8.1 This Agreement (pages 1 to 4, inclusive) .
8.2 Exh�hits to this Agreement (pages to , inclusive) .
8.3 Performance, Payment, and other Bonds, identified as e�chy�its A, B, and
_ consisting of 4 pages. —
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8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 43, inclusine) .
8.6 Supplementary Conditions (pages 1 to 3, inclusive) with Missouri Prevailing
Wage Law and Determi.nation.
8.7 Specifications �bearing the title, ^TECHNICAL SPECIFICATIONS" consisting of
1 division and 31 pages, as listed in ta�1e of contents thereof.
8.8 Drawings consisting of a cover sheet and sheets numbered 2 through 24,
inclusive with each sheet �bearing the following general title: "SITE GRADING AT
OSAGE AND SHAWNEE PARKS^. (Drawings not attached hereto)
8.9 Addenda numbers to , inclusive.
8.10 CONTRACTOR's Bid (pages 1 to 4, inclusive) snarked exhi�hit C.
8.11 Documentation su hnitted ��.y CONTRACTOR prior to Notice of Award (pages
to , inclusive) .
8.12 The following which may �be delinered 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 a�l�ve 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. MISCELLANEOIIS.
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 �Yy a party hereto of any rights under or interests in the
Contract Documents will �be ��i.nding on another party hereto without the written
consent of the party sought to �be �bound; and, specifically ��t 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 �k.y 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 responsv�ility under the Contract
Documents.
9.3 OWNER and CONTRACTOR each ��inds 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
o�ligations contained in the Contract Documents.
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9.4 Any provision or part of the Contract Documents held to �be void or
unenforcea�le under any Law or Regulation shall �be deemed stricken, and all
remaining provisions shall continue to �be valid and ��inding 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 enforcearle provision
that comes as close as possl�7.e to expressing the intention of the stricken
provision.
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�Ly OWNER and CONTRACTOR or identified�hy ENGINEER
on their �behalf.
This Agreement will �be effective on September 13 , 1993 (which is the Effective
Date of the Agreement) .
OWNER: CONTRACTOR:
CITY OF C GIRARDEAU ISSO I
By• ` gy; _
.� - -
J. Ronald Fischer -
Citv Manaqrer �'. ` _
(Typed Name ar. Ti�le; -�
[CORPORATE SEAL] [CORPORATE SEAL] �-
AT EST: ATTEST: � . _. _
Brenda Dumey, Secretary
' (Typed Name and Title)
A�ressy or giving'not�ce3;City Clerk Address for giving notices:
Citv Hall; 401 Independence Route 1, Box 90
P.O. Box 617 ran, issouri
Cape Girardeau, MO 63701
License No. 00221824
Agent for service of process:
Danny Dumey �
(If CONTRACTOR is corporation, attach
evidence of authority to sign.)
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,� CITY u� CApE GIR�FiDEAII _
, � ' , SITE GR.ADING AT OSAGE AND SHAWNEE PARKS
BID FORM
(EJCDC 1910-18) (1990)
(Exhibit C)
PROJECT IDENTIFICATION:
SITE GRADING AT OSAGE AND SHAWNEE PARRS
THIS BID IS SIIBMITTED TO: CITY OF CAPE GIRARDEAII, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAII� MO 63701-6244
1. The widersigned BIDDER proposes and agrees, if the Bid is aecepted, to enter into an agreement with OWNER
in tfie form included in the Contract Docunents to perfor�n and furnish all Wark as specified or indicated in tfie
Cantract Docunents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the
other terms and conditions of the Contract Docunents.
2. BIDDER accepts all of the terms and conditions of tfie Advertisement or Invitation to Bid and Instructions
to Bidders, including witfiout limitation those dealing with the disposition of Bid security. This Sid will
remain subject to acceptance for thirty-five days after the day of Bid opening. BIDOER will sign and deliver
the required ncmber of counterparts of the Agreement uith the Bonds and other doctments required by the Bidding
Requirements within fifteen days after the date of O61NER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more futly set forth in the Agreement, tfiat:
<a) BIDOER has examined and carefully studied the Bidding Docunents and the fotlowing Addenda, reeeipt of
all which is hereby acknowledged: (List Addenda by Addendun N�mber and Date)
Addendum No. 1 - Ju1y 28, 1993
(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 furnishinq of the Work;
(e) BIDOER 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) BIDOER has carefully studied all reports af explorations and tests of subsurface conditions at or
contiguous to the site and all drauings of physical conditions in or relating to existing surface o� subsurface
' structures at or contiguous to the site (except Underground facilities) whieh have been identifisd in the
Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDOER accepts the
determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extmt of the "technical
data�� contained in such reports and drawings upon which BIDOER is entitled to rely as provided in paragraph 4.2
of the Gmeral Conditions. BIDOER acfcnowledges that such reports and drawings are not Contract Doe�ments and
may not be complete for BIDDER'S purposes. BIDOER acknowledges that 041NEA and Engi�er do not assune
responsibility for accuracy or eompletmess of inforniation and data sha+n or indicated in the Bidding Docunents
with respect to Underground facilities at or contiguous io the site. BIDOER has obtained and carefully studied
(or asstmes responsibitity for having done so) all such additional or supplementary examinations,
irnestigations, explarations, tests, studies and data caxerning conditions (surface, subsurface and U�derground
Facilities) at or contiguous to the site or otherwise which may affect cost progress, perfornisnce or furnishing
of the 41ork or which relate to amr aspect of Cfie means, methods, tecfiniques, sequences and procedu�es of
corutruction to be anployed by BIDOEA and safety precaulions and programs incident the�eto. BIOOER does not
consider that any additmxnal examinations, investigations, explorations, tests, studies or data are necessary
for the determination of this eid for performance and furnishing of the York in aceordance with the times, price
and other terms and concfitions of the Contract Docuaents.
(e) BIDDER is aware of the general nature of 4iork to be perfortned by OWNER and othets at the site that
related to work for which this eid is submitted as indicated in the Contract Docunents.
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' ` ' (f) BIDOER has correlated the intormation known to BIDDER, inforniation and observations obtained from
visits to the site, reports and drawings identified in the Contract Docu�ents and all additionel examinations,
investigations, explo�atiau, tests, studies and data with the Contract Docunents.
(g) BIDDER has given Engineer written notice of all conflicts, errors, anbiguities or dtscrepancies that
BIDDER has discovered in the Contract Docunents snd the written resolution thereof by ENGIHEER is acceptable
to BIDDER, and the Contract Docunents a�e generally suffieient to indicate and corney understanding of all tenrts
and conditions for perfortning and furnishing the York for which this eid is submitted.
(h) This eid is genuine and nat made in the i�terest of or on beha[f of s�ry undisclosed pe�son, firm or
corporatio� and is not submitted in conformity with any agreemmt or rutes of any group association,
organization or corporatiort; BIDDER has not directly or irxlirectty in�ced or solicited any other Bidder to
submit a fatse or sham Bid; BIDDER has not solicited or induced any person, firm or co�po�ation to refrain fram
biddi�g; and BIDOER has not sought by collusion to obtain for itself arry advantage over arry other Bidder or over
ONNER.
(i) CAny other representation required by Laws and Regutatiorts.) -
4. BIDOER will complete the Work in accordance with the Contract Docunents for the following �it price(s) and
total base bid:
UNIT PRICE BID SCHEDULE
Estimated Unit
Item Description Quantity Cost Cost
OSAGE PARK:
I. Clearing and Grubbing;
per Acre. 3 .3 ACRE $a89/. o� $ 95�0, .30
2. Earthwork, Excavation
and Embanl�ent in Place;
per Cubic Yard. 59,339 C.Y. $ . / $ �02�. .3
3 . Straw Bale Ditch Check;
per Each. 23 EACH $ / 0.04 $ �,2 3DG'� 40
4. Temporary Seeding and
Mulching; per Acre 10 ACRE $.So?4-Oo $ S�,?oO. Od
� 5. Seeding and Mulching;
per Acre. 6.5 ACRE $ / 00, O D $ �f /.5 O. OO
�
OSAGE PARK SIIBTOTAL: $ q.� ���p. �,3
SFiAWNEE PARK• �
6. Removals, per Lump Sum. 1.0 L.S. $.s,(.. /Ur/,DD$ o? 900, o0
�y�_�
7. Clearing and Grubbing;
per Acre. 6. 0 ACRE $ a�.��0�DD $ /9 j'Oo,po
8. Earthwork, Excavation
and EiabanJ�aent in Place;
per Cubic Yard. 225, 902 C.Y. $ /, O $ �a9a�3� �4
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.r' ,
: 9. � Straw Bale Ditch Check;
per Each. � 2 8 EACH $ DO,OQ $ a, �p0, OD
10. Silt Fence;
per Linear Foot. 6, 160 L.F. $ 3,0� $/� �80, 00
,
il. Temporary Seeding and
Mulching; per Acre 42 ACRE $��0. O4 $a?/ �f/D. OD
12 . Riprap, per Cubic Yard. 365 C.Y. $ o?Sl,o o $ � 7�O.00
�
13 . Seeding and Mulching,
per Acre. . 23 .5 ACRE $�/� v $����O,op
SHAWNEE PARK SUBTOTAL: $ So2 9�3y-�8'0
--�
TOTAL UNIT PRICE BASE BID:
c$��? 960. �.3 _ �
Unit Prices have been caqwted in aceordance with paragraph 11.9.2 of the General Corditions. .
BIDOER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities
' determined as provided in the Contract Doc�rnents.
5. In the event BIDOER is required to do extra uork covered by unit prices, BIDDER will eharge OIJNEA the
following prices:
(a) Rock Excavation: General excavating
in rack as defined in the Specifications,
including the disposat of excavated
materials, per Cubic Tard. S 0� .00
6. BlDDER agrees that the Work will be substantially completed and comipleted and ready for final payment in
accordance with paragraph 14.13 of the General Conditio�s on or before the dates or within the nunber of
calendar days indicated in the Agree►nent. BIDDER accepts the p�ovisions of the Agreement as to tiquidated
damages in the event of failure to complete the uork within the times specified in the Agreement.
7. The follouing docunents are attached to and made a condition of this Bid:
(a>Required Bid Security in the form of R i d R ond
(b)A tabulation of Subcontraetors, Suppliers and other persons and organizations required to be identified
in tfiis Bid.
(c)Required BIDDER'S Cualification Statement with supporting data.
8. Camiunications concerning this Bid shall be addressed to:
Na„ro Joe Gilmore, Jr. or Danny Dumey
� �ddress Route 1, Box 90, Oran, Missouri 63771
9. Terms used in the Bid which are defined in the General conditions or Instructions wi[l have the meanings
indicated in the General Co�ditions or Insiructions.
SUBMITTED on AuguSt 5, 1993 19
State Gontractor License No. 00221824 ,
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1 , r � IF BIDOER is:
An individuat
BY (SEAL)
(Individual's Name)
doing business as
Business address:
Phone Ho.:
A Partnershic
By
(SEAI)
(Ftrm Neme)
(general partner)
Business address:
Phone No.:
A Corooration
By il»ma� Fxra �a ti�n� Tnr_ �gEq��
(Corporation Name)
_ Missouri
- ' (state of in ration)
<•
-�QY'�%;, ., _;; � (SEAL)
�� �� �°" ',�(rame of person authorized t sign)
�=..�'•ti' , � _. .
, ,,,� ,.: ,
' � Pre�•�dent
���•�
' - - (Title)
•• ' (Corporate Seef) :
� . ' - .t -- I;�C�%xGr.a.
•., '`�Attesr.. : ` _ �
' "� " '' . <Secretary $renda Dumey
,. =✓ �_.j c`";.,_.-
eusiness address: Route 1, Box 90, Oran, Missouri 63771
Phone No.:
Date of oualification to do business is
A Joint Venture
BY (SEAL)
(Name) �
(Address)
BY (SEIIL)
<Name) .
CAddress)
Phone Nunber and Address for receipt of official camunications
(Each joint venturer must sign. The manner of siqning for each individual, partnership and corporation that
is a party to the joint venture shoutd be in the manner indicated above.)
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