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Home My WebLink AboutRES.1585.07-17-2000BILL NO. 2000-184 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AHRENS CONTRACTING, INC. FOR ASBESTOS ABATEMENT AND DEMOLITION SERVICES FOR THE OLD ST. FRANCIS HOSPITAL BUILDINGS 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 enter into a contract with Ahrens Contracting, Inc. for Asbestos Abatement and Demolition Services for the Old St. Francis Hospital buildings. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND APPROVED THIS 1" DAY OF 2000. ( /A� - AM. Spradling, III Mayor CITY OF CAPE GIRARDEAU OLD ST. FRANCIS HOSPITAL ASBESTOS ABATEMENT AND DEMOLITION SERVICES CONTRACT THIS AGREEMENT, made and entered into this day of , 2000, by and between the City of Cape Girardeau, a municipal corporation, hereinafter referred to as "City", with offices located at City Hall, 401 Independence Street, P.O. Box 617, Cape Girardeau, Missouri 63702-0617, and Ahrens Contracting, Inc., 230 St. Clair Avenue, East St. Louis, Illinois 62201, hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor to render certain professional and technical services necessary to remove and dispose of asbestos containing materials and demolition in accordance to Federal, State and Local regulations and other asbestos abatement and demolition activities described in the Project Design and the Addenda thereto, hereinafter referred to as Exhibit A, which is appended hereto and made a part of this contract; and, WHEREAS, the Contractor made certain representations and statements to the City with respect to the provision of such services and the City has accepted said bid to enter into an agreement with the Contractor for the performance of services by the Contractor; NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Scope of Services. The City agrees to engage the Contractor to perform the services hereinafter set forth in connection with the project described in Exhibit A. 2. Additional Services. The City may add to the services under this contract or delete therefrom activities of a similar nature to those set forth in Exhibit A. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City, and shall be accepted and countersigned by the Contractor or its agreed representatives. Additional compensation, if any, for such changed work shall be according to the unit prices indicated in page 2 of the Contractor's "Bid for Lump Sum Contracts", dated July 12, 2000, Page 1 of 5 hereinafter referred to as Exhibit B, which is appended hereto and made a part of this contract. 3. Existing Data. All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the Scope of Services. The Contractor shall not be liable for the accuracy of the information furnished by the City. 4. Personnel to be Provided. The Contractor represents that the Contractor has or will secure at its expense all personnel required to perform the services called for under this contract. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City. 5. Notice to Proceed. The services of the Contractor shall commence as directed in the Notice to Proceed, and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 6. Compensation. The City agrees to pay the Contractor an amount not to exceed seven hundred twenty five thousand and no/100 Dollars ($725,000.00) which shall constitute complete compensation for all services to be rendered under this contract as shown in Exhibit B. Such compensation will be paid in four (4) payment(s). billed to the City for documented time and materials spent on the project based on the Contractor's bid dated July 12, 2000. The first payment at 50% of the asbestos abatement process and the second payment at the completion of the asbestos abatement. The third payment will be paid at 50% of demolition process and the fourth payment at the completion of the demolition process as determined by the project manager. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. Compensation for any additional services shall be made in accordance with the unit price schedule shown on page 2 of Exhibit B and shall be paid when all services under the contract have been rendered. 7. Failure to Perform, Cancellation. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the Page 2 of 5 effective date thereof, at least five (5) days before the effective day of such termination. The Contractor may without cause terminate this contract upon thirty (30) days prior written notice. In either such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other materials prepared by the Contractor under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Contractor. 8. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though the City will attempt to so notify any such assignee. 9. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 10. Equal Employment Opportunity. The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, disability, age or political affiliation, as further defined in Exhibit C, against any employee of the Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 11. Civil Rights. The Contractor agrees in the performance of the contract to comply with all civil rights laws and regulations which are summarized in Exhibit D. 12. Independent Contractor. The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City. 13. Benefits Not Available. The Contractor shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workmen's Compensation Program of the City. Page 3 of 5 14. Liability. The parties mutually agree to the following: a. In no event shall the City be liable to the Contractor for special, indirect or consequential damages, except those caused by the City arising out of or in any way connected with this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. b. The Contractor shall defend, indemnify and hold the City harmless from and against all claims, losses and liabilities arising out of personal injuries, including death, and damage to property which are caused by the Contractor arising out of or in any way connected with this contract. 15. Documents. Reports, test results and abatement specifications prepared or obtained under the terms of this contract shall be delivered upon request to and become the property of the City upon termination or completion of the work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and delivering same. 16. Nonsolicitation. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts or contingent fee. 17. Books and Records. The Contractor and all his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this contract, and shall make such materials available at their respective offices at all reasonable times during the contract and for a period of three (3) years following completion of the contract. 18. Delays. The Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor; the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this contract; and under no circumstances will the Contractor be liable for indirect or consequential damages. Page 4 of 5 19. Liquidated Damages. The Contractor must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within sixty-five (65) consecutive calendar days thereafter. The Contractor also agrees to pay as liquidated damages, the sum of Two Thousand Dollars ($2000) for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 20. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to City of Cape Girardeau, City Hall, Division of Planning Services, 401 Independence Street, P.O. Box 617, Cape Girardeau, Missouri 63702-0617. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. EXECUTED this day of , 2000. AHRENS CONTRACTING, INC. (Name, Title) ATTEST: (Name, Title) Page 5 of 5 CITY OF CAPE GIRARDEAU MICHAEL G. MILLER, City Manager ATTEST: GAYLE CONRAD, City Clerk