HomeMy WebLinkAboutRES.2458.06-15-2009 �,•.
BILL NO. 09-105 RESOLUTION NO. x� ,���
A RESOLUTION AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE AN AGREEMENT WITH HD
SUPPLY WATERWORKS FOR PURCHASE OF MATERIALS
FOR THE RAW WATER TRANSMISSION MAIN PROJECT,
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 Interim City Manager, for and on behalf of
the City of Cape Girardeau, Missouri, is hereby authorized to
execute an Agreement with HD Supply Waterworks for purchase of
materials for the raw water transmission main project, 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 � i'%���: , 20 .�`�
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J B. Knudtson, Mayor
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Gayle . Conrad, City Clerk � � ; , �
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CITY OF CAPE GIRARDEAU
Raw Water Transmission Main Materials
Drinking Water SRF C299010-01
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the �day of �c in the year
20 09 by and between the City of Cape Girardeau, Miss uri (hereinafter called
OWNER) and g�D Supply Waterworks (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...
Providing waterline materials for the Raw Water
Transmission Main Project Drinking Water SRF C291010-01.
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 materials will be delivered within sixt 60 calendar days after the date when
the Contract Times commence to run.
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 as approved by both the OWNER and CONTRACTOR. They
also recognize the delays, expense and difficulties involved in proving the actual
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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 275
for each day that expires after the time specified in paragraph 3.1 until the Work is
complete.
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 for all Work other than Unit Price Work, a Lump Sum of:
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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 UNIT PRICES: one million, three hundred twenty-six thousand,
three hundred f if ty-two dollars & sixteen cents ($ 1,3 2 6,3 5 2.16)
Estimated quantities as bid are not guaranteed, and determinations of actual quantities
and classification are to be made by ENGINEER. The OWNER reserves the right to
increase or decrease the unit quantities without modification to the unit prices as bid.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment based upon the quantities as
delivered. Applications for Payment will be processed by ENGINEER on a timely basis.
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 the 10th day of each month during
delivery as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be
measured based on the number of units completed or schedule of values, as provided
in the General Requirements.
Article 6. INTEREST.
If the OWNER fails to make payment thirty (30) days after receipt of the
CONTRACTORS application for payment, in addition to other remedies available to the
CONTRACTOR, then shall be added to each such payment interest in accordance with
section 34.057 RSMo. as amended.
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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 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.
7.3 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others that relates to the Work as indicated in the Contract Documents.
7.4 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 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 beiween OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 Information for Bidders
8.2 This Agreement (pages _1_ to_7_ inclusive).
8.3 Notice to Proceed.
8.4 Specifications bearing the title Technical Specifications
8.5 Addenda numbers 1 to 1 , inclusive.
8.6 CONTRACTOR'S Bid (pages BF- 1 to BF-6 , inclusive) marked exhibit BF .
8.7 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to
, inclusive).
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8.8 The fotlowing which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: Ali Written Amendments and other documents
amending, modifying or supplementing the Contract Documents.
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 approved by
both the OWNER and the CONTRACTOR in writing.
Article 9. MISCELLANEOUS.
9.1 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.
9.2 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.
9.3 Any provision or part of the Contract Documents held to be voici 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.
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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
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 V� a , 20 09 (which is the
Effective Date of the Agreement).
OWNER Citv of Cape Girardeau CONTRACTOR 1� S�..D,D�� �1 `� -�•
Scott MeYer City Manaqer I���..���"��e.w�S�t � n�`ce�'t'x' o-� C��'�'
. ���
By BY .
[COR O TE SEAL] ICORPORATE SEAL]
Attest C.i.� � ` .���•c�c��__ Attest�g,►•���.2. ��QQ�
Gayle L' onrad, City Clerk JQJJICLL ��-����� � M�r. C�c,c� �"C�i,�c�h-41S�
Address for giving notices Address for giving notices
401 Independence Street � 4��v� � �n^�u���n.�s P� •
Cape Girardeau, MO 63703 � �--w�s,. M Q 1.�312`�
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents
authorizing e � eement.)
��,�, L�',QG Agent for service of process:
v �j''r
o � � (Attach evidence of authority to sign.)
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#T�E UNION*
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CITY OF CAPE GIRARDEAU
RAW WATER TRANSMISSION MAIN MATERIALS
DRINKING WATER SRF DW291010-01
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The project includes materials including:
33,400 L.F. of 24" CLASS 200 PVC WATERMAIN
5,800 L.F. of 24" CLASS 200 DIP WATERMAIN
6Q L.F. of 12" CLASS 200 DIP WATERMAIN
480 L.F. of 30" SDR 11 HDPE W�TER�/IAIN
MISCELLANEOUS FITTINGS AND RESTRAINING DEVICES
and all other appurtenances as specified in the bid documents 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 with OWNER in the form included in the Contract Documents to perform
and furnish all Material as specified or indicated in the Contract Documents 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 Documents.
2. BIDDER accepts all 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 acceptance for sixty days
after the day of Bid opening. BIDDER will sign and deliver the required number of
counterparts of the Agreement and other documents required by the Bidding
Reqc:irements �v;thin f�+een da,s after the date of OVVNER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
following:
Addenda, C'2C@Ipt Of aII WI11Ch IS Il@C'@by aCICC10WI2CIg@CI: �List Addenda by Addendum Number and Date)
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 Material.
(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 Material 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 has not souglit by collusion to obtain for itself any advantage over
any other Bidder or over OWNER.
4. BIDDER will provide the Materials in accordance with the Contract Documents for
the following price(s)
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d o-�-ec5 J�n� 3,`Z�t�`�.
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� . �UN-03-2009 16�10 CITY QF CRPE GIRARDERU 573 651 0260 � ?.04 ' •
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' CONTRACT 1 i
Raw Water Transmission Main Materials �
Drinking Water SRF DW29101 Q-01
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L�ST OF ESTIMATED QUANTITIES AND UNIT AND LUMP SUM PRICES
EST. UN1T TOTAL '
NO ITEM UN1T (�� PRl�E EST. PRICE �
z. �4"Class 200 D1P Walermain �.F. �,�oo $_ r�q ao,oo $ a�5,3�0 �
$�.QQ.QO $ �Ua�t�0,�.._ �
2. 24"Class 200 PVC Watermain L.F. 33,400 �(�
3, 12"Class 200 DIP Watermain L.F. fi0 $ o��,OO $__�,�_ ,�Q
4. 30"SDR 11 tiDF'E Watertnain t.F. 4Q0 $ � $ �t�-�c-�-��� f
5. 30"SpR 11 HDPE MJ Adaptor EA. 4 $ a �a,�.�p $ $�jQQ pQ
6. 12"M,1 Gats Valves �, a g��� $ � �� , ��
7. 12"z 2'Anchor Coupiing �A. 4 � $ 7�a� ��
8. 24'caMer x 36"Casing Spacers rvifh EA 36 $��� � � � i
Accessonas �
9. 38"Casing End Seals wi�bands FJ�, 6 $ �,�j $ �5q�, �(' �
and Acvessories �
14. 1A Ga.Locate Wre l..F, 40,000 $ ,Q � 3,a�,Q�
11. 34^�za"M,1xpE Raduoer En. a $ 1J1�a�(�3 $�(Z�a�,S� ,
r/�� � �
42. pecks 45°EEbowwithAcaessory EA 3 $__�1:..l.Q ��. �'3� �
�s. 2a�X�2"MJ Tee writh Accessory r-A. a g J7(�. DO $ ot� 3D�, d C� i
Packs ;
1A. 24"MJ Plug EA, 1 $ �(�.0� $ �(�.DO �
15. 24"MJ Cap wilh Acoessory Pack EA. 4 '
$ a5a.00 $ �o� ;
16, 24"x 24"MJ Tee wlth Accessory EA. 1 $ � $ G��c{.�('� ; .
Packs
;
17. 24"MJ Gate Vah+e with Acce�ory EA. 3 $ ��, � � O �
Packs i
98. 2�1"NEJ x PE Cutting-In 5leeve with G1. 1 $ �Q�1�DD � �1, (� ;
Atxessorr Padcs Q y
19, 24"Long sleeve Eq• 2 $�1�L• �.� . $ DJFa,�� ,
ZQ. 24"Dtp Rey-�aints -MJ Style EA. 22 $ p`� ,� $ �
21_ 24°D1P Restraints-Bell Joint Style EA_ 23 $ �,�� $T�,�� I
22. 24"PVC fiestraints-MJ Style E4, 3 $ � $_ "�G�.�� `
23. 24'PVC Reshraints-Bell Jomt Sryle E4. 15 $ �j,� $ ����"�� !
24. 12"D!P Restraints-MJ Styfe EA. 8 $ . $ C�QQ '
25. 1 %z"HDPE Innerduct far Fiberoplic LF. 40,500 $! ,r� $ ( � I
control wirinq . ;
T4TAL BID FOR ALL UNIT PRICE$ $ �,�j2(p���, � Q ;
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;
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(Written figure) �
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BF-3
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70TRL P.�4
(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 correct, and these sums when
properly extended, shall constitute the Bid.)
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 Material will be delivered within sixtv days (60) calendar
days after the date when the Contract Times commences to run as provided in
paragraph 2.3 of the General Conditions.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event
of failure to provide the Materials 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
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.
S U BM I TTE t7 on June 9, 2009 �$$x .
IF BIDDER is:
An Individual
gy (SEAL)
(Individual's Name)
doing business as
Business address:
Phone No.:
BF -4
A Partner ' ,S�� Pl� '�/�`�s kS ,l�., ,
gy G2j �x k ���:-� (S EAL)
(Firm Name)
t�� S \ C� ¢ � lv��.
(General Pa er)
Business address: 1'�05 '�'(�n� C.��c,)e , �R.
� • l��s�M 0 Lo31�!-l0
Phone No.: �',�4-��3�' �1��
A Corporation
By
(S EAL)
(Corporation Name)
(State of Incorporation)
gy (SEAL)
(Name of Person Authorized to Sign)
(Title)
(Corporate Seal)
Attest
(Secretary)
Business address:
Phone No.:
Date of Qualification to do business is
A Joint Venture
gy (SEAL)
(Name)
(Address)
gy (SEAL)
(Name)
(Address)
. BF - 5
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 - 6
CERTIFICATE OF AUTHORITY
Name of Company: HD Supply Waterworks, Ltd., a Florida limited partnership
Reference: Contracts, Bids and Related Matters
Date: January 31, 2008
THE UNDERSIGNED DOES HEREBY CERTIFY that I am an Officer of HD Supply GP &
Management, Inc., a Delaware corporation and the general partner of HD Supply Waterworks, Ltd., a
Florida limited partnership; as the general partner, HD Supply GP & Management, Inc. is authorized to
sign on behalf of HD Supply Waterworks, Ltd. As an Officer, I am authorized to make and deliver this
certificate. I do hereby designate each of Mark Witkowski, Kurt Bruenning and Darrin Anderson as my
designees, and authorize each of them acting either alone or together to execute and deliver, or cause to
be executed and delivered, any and all bids and offers for furnishing materials and/or services, including
related non-disclosure agreements, supply agreements, distributor agreements, purchase orders and
similar agreements, provided that the annualized bid or contract price is not in excess of$2,000,000 (the
"Documents"), and to take or cause to be taken any and all actions in connection therewith as such
individual or individuals may consider necessary or desirable, with such necessiry or desirability being
conclusively evidenced by the actions so taken. Further I hereby ratify and approve all previous actions
taken with respect to the execution and delivery of such Documents in the name of and on behalf of the
company.
The authorization hereunder is effective as of the date hereof, and shall continue until the earlier of the
undersigned's revocation of such authorization in writing, or the last date of the applicable employee's
employment with the company.
IN WITNESS WHEREOF, the undersigned has executed this instrument as of the `/� day of
JA11.l�, 2008. - '
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P ident—HD Supply Waterworks �
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Drinking Water SRF C291010-01
DNR Proiect Control Number
United States Environmental Protection Agency
Washington,DC 20400
Certification Regarding
Debarment,Suspension,and other Responsibility Matters
The prospective participant certifies to the best of its knowledge and belief that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
(b) Have not within a three year period preceding this proposal been convicted of or had a
civil judgement rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicated for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local)with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions(Federal, State, or local)terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this
proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement
may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both.
�►'��2K w ,-��o�s k-�
Typed Name & Title of Authorized Representative
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Signature of Authorized Representative Date
I am unable to certify to the above statements. My explanation is attached.
EPA Form 5700-49(ll-88)