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Home My WebLink AboutRES.2507.02-01-2010 BILL NO. 10-8 RESOLUTION NO. �✓�' / A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DENALI CONSTRUCTION, INC. , FOR THE SHAWNEE PARK SPORTS COMPLEX IMPROVEMENTS AND NEW COMMUNITY CENTER, 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 Denali Construction, Inc . , for the Shawnee Park Sports Complex Improvements and new Community Center, in the City of Cape Girardeau, Missouri . A copy of said Agreement is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS �� DAY OF ��d , 20 <� � �c.�.� --�._ Ja B. Knudtson, Mayor ATTEST: G�4g GIR,�� O� . � ��°�`�, �� . Gayl . Conrad, City Clerk� � �� O 3��pNlO ��' ''�I, * CITY OF CAPE GIRARDEAU Shawnee Park Complex Project"A" -Community Center Project"B" -Softball Concessions Project"C" - Soccer Concessions STANDARD FORM OF AGREEMENT i BETWEEN OWNER AND CONTRACTOR ! ON THE BASIS OF LUMP SUM FEE � s � 1 � THIS AGREEMENT is dated as of the 3,� day of ;�" in the year j 2010 b and between the City of Cape Girardeau, Missouri (hereina called OWNER) � and � �n i (��tyu r�6h- (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 j Documents. The Work is generally described as follows: 1, i The work to be performed under these Contract Documents consists of... ', i Construction of a New Community Center, Softball Concessions Building and a Soccer Concessions Building and all Site associated with the construction as indicated in the drawings and specifications. Article 2. ARCHITECT. The ARCHITECT or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ARCHITECT 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 (2 2 s ) calendar days after the date when the Contract Times commence to run as provided in paragraph 3.2 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within ( �Rnl days after the date when the Contract Times commence to run. A-1 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 $200.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in � paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER � 350.00 for each day that expires after the time specified in paragraph 3.1 for � completion and readiness for final payment. + , ; , Article 4. CONTRACT PRICE. i 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the � Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: � 4.2 A Lump Sum Fee for the construction of Projects "A", "B" and "C" . � Project "A" and all associated work: One million four hundred eiahtv thousand three ($� , 480, 326� 00 hundred twenty-six and no/100 � Project "A" Add Alternate "A" (If accepted): �$ ) Project "A"Add Altemate "B" (If accepted): ($ ) • Project"A"Add Alternate "C" (If accepted): �� ) Project "B" and all associated work: Th��e hundred eiahty-seven thousand and no/100 ($ 387, 000. �0 Project "C" and all associated work: Three hundred seventv-three thousand three hundred ($ 373, 326. �0 twenty-six and no/100 Total for Projects "A", "B" and "C" Two million two hundred fortv thousand six hundred ($ 2, 240, 65�. 00 fifty-two and no/100 A-2 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 ARCHITECT 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 ARCHITECT, 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 ARCHITECT 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 ARCHITECT, and if the chara�ter I and progress of the Work have been satisfactory to OWNER and � ARCHITECT, OWNER,on recommendation of ARCHITECT,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 i 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 ARCHITECT 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 ARCHITECT as provided in said paragraph 14.13. A-3 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 ailowed 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: i 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 i 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. i 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 i 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 ARCHITECT 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 conceming conditions(surface, subsurface and Underground Facilities)at or contiguous to the site or othenivise which may affect cost, progress, perfoRnance or fumishing 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. A-4 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 ARCHITECT written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract ; Documents a�d the written resolution thereof by ARCHITECT 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 i Work. y ; � Articte 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 A1 to A8 inclusive). � � 8.2 Exhibits to this Agreement (pages BF-1 to BF- 8 , inclusive). ! 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 8.8 Drawings. 8.9 Addenda numbers �to 3 , inclusive. 8.10 CONTRACTOR'S Bid (pages BF-1 to BF- 8 , inclusive). 8.11 Pursuant to 285.530 R.S. Mo, the contractor 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 AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the bidder's enrollment and participation in a federal work A-5 authorization program with respect to the employees proposed to work in connection with the services requested herein. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to , inclusive). 8.13 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). i 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. " � i ' � � 1 I � � , A-6 P •► ` Articie 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 i 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. j I 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and i le�al representatives to the other party hereto, its partners, successors, assigns and legal i repres�ntatives 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 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or subcontractors doing work on this project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty(60)days of the date work on the project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These must be provided on a weekly basis; if no work was done, then a payroll stating "No Work Done" must be submitted. A-7 � , IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ARCHITECT 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 ARCHITECT on their behalf. This Agreement will be effective on ��4.,�narQ,l,c�.3 , 2010 (which is the Effective Date of the Agreement). nc construction Specialties, znc. d/b/a OWNER Citv of Cape Girardeau CONTRACTOR nenali �onstruction SCott Me Mana er �ave Geue Vice President i By: gy; � PORAT S ] [ ORPORA SEALJ '� a Attest �k.� Attest � � Address for giving notices Address for giving notices � � 401 Independence Street p.�. Rox 55 � � Cape Girardeau. MO 63703 Cape Girardeau, Mo fi3702-0055 ; i (If OWNER is a public body, attach License No. 2 s 4 0 � evidence of authority to sign and ' resolution or other documents Agent for service of process: authorizin �xecution of Agreement. ,��:�z:�.. . ', �:�� ; ,j� ` �� (If CONTRACTOR is corporation, , �,j � '�r�, attach evidence of authority to sign.) r � .�. � •,a � h�� `�� r� � � i.'�,..�� /, �� l ../"\� ��_�_�}� � �. �..� �t�F UNI�'� ':� � ��F� �� A-8