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Home My WebLink AboutRES.2494.11-02-2009BILL NO. 09-181 RESOLUTION NO. ��;2"/9 ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICES AGREEMENT WITH ALBERICI CONSTRUCTORS, INC., FOR PROJECT MANAGEMENT OF THE OSAGE COMMUNITY CENTRE, FAMILY AQUATIC CENTER AND SHAWNEE PARK SPORTS COMPLEX PROJECTS, 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 a Services Agreement with Alberici Constructors, Inc., for project management of the Osage Community Centre, Family Aquatic Center and Shawnee Park Sports Complex Projects, in the City of Cape Girardeau. A copy of said Agreement is attached hereto and made a part hereof. PASSED AND ADOPTED THIS �-� DAY OF z i4?Inkt-20 J`� --r..� C•M,,, Ja.!�Knudtson, Mayor ATTEST: Gal -yl SERVICES AGREEMENT This Agreement is entered into this ((9�h day of Nk0\10-'') l0e f- in the year 2009 by and between City of Cape Girardeau 401 Independence Street, Cape Girardeau, MO 63702, referred to in this Agreement as the OWNER, and the CONSTRUCTION MANAGER AS AGENT ("CM") Alberici Constructors, Inc., 8800 Page Avenue, St. Louis, MO 63114 (Name and Address) PROJECT: Project Management of Park Facility Projects (Name and Address; Project Number) Notice to the parties shall be given at the above addresses. 1. SERVICES The CM shall provide Construction Management services for the following three Projects; Aquatic Center, Osage Renovations and the Shawnee Community Center and Sports Complex. Construction Management Services with regard to the three mentioned Projects shall consist of: City representation, review of Projects budgets and schedules, construction inspections, logging construction diaries and completing forms, change order review, contract administration including but not limited to verifying certified payrolls, preparing pay requests and other necessary documentation. The CM does not represent that it has made exhaustive or continuous on-site inspections to check the quality or quantity of the work. The CM shall not have direct control over or charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the CM. The CM shall not have control over or charge of and shalt not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor's responsibility under the Contract for Construction. The CM shall not be responsible for a Contractor's failure to carry out the Work in accordance with the respective Contract Documents. The CM shall not have control over or charge of acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons performing portions of the Work not directly employed by the CM. Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the CM represent the CM's best judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the CM nor the Owner has control over the cost of tabor, materials or equipment over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the CM cannot and does not warrant or represent that bids or negotiated prices will vary from the Project budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the CM. 2. TEAM RELATIONSHIP The Owner and the CM agree to proceed with the performance of the services required for the Project on a basis of mutual trust, good faith, and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. 3. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the CM with respect to the Project and supersedes alt prior negotiations, representations and agreements, either written or oral. This Agreement and each and every provision are for the exclusive benefit of the Owner and CM and not for the benefit of any third party except to the extent expressly provided in this Agreement. 4. COMPENSATION As full compensation for the Services provided under this Agreement, Owner shall compensate CM on a Cost Plus basis per the rates and expenses in the attached Exhibit A. 5. INSURANCE Before commencing the performance of its Services, and as a condition of payment, the CM shall purchase and maintain insurance with the limits of liability as set forth in the insurance certificate attached as Exhibit B. General Liability and Professional Liability insurance shall have policy limits of at least $2,500,000. Page 1 of 3 6. INDEMNITY To the fullest extent permitted by law, the CM shall defend, indemnify and hold harmless the Owner from and against all claims, damages, loses and expenses, including, but not limited to, attorneys' fees, costs and expenses for bodily injury and property damage that may arise from the performance of the Services to the extent of the negligent acts or omissions by the CM. These obligations shall not be interpreted to reduce or negate any other rights or obligations of indemnity otherwise existing with regard as to any party or person described in this Article. 7. INFORMATION The Owner shall provide the CM with the Project documents and other Project information requested in writing by the CM. 8. ACCESS The Owner shall provide the CM with reasonable access to the Project site so as to assist the CM in the performance of its Services. 9. REPRESENTATIVES Owner's Representative is Kelly Green CM 's Representative is Each Representative shall Agreement. Phillip Lee have authority to bind its respective party to all decisions and actions required under this 10. PAYMENTS The CM shall submit to Owner applications for payment for Services with sufficient supporting detail by the 20`h of the month. Owner shall pay approved amounts to CM on the 10`h day of the following month. 11. WAIVER OF CONSEQUENTIAL DAMAGES Except to the extent consequential damages are covered by liability insurance provided as required by this Agreement the Owner and the CM waive claims against each other for any consequential damages that may arise out of or relate to this Agreement. This mutual waiver applies to consequential damages due to termination by the Owner or the CM in accordance with this Agreement. 12. DISPUTE RESOLUTION If a dispute arises out of or relates to this Agreement or its breach, the parties shall endeavor to settle the dispute first through direct discussions between corporate officers of the Owner and the CM . If the dispute cannot be resolved through direct discussions, the parties shall participate in mediation under the Construction Industry Mediation Rules of the American Arbitration Association before recourse to any other form of binding dispute resolution. The location of the mediation shall be in St. Louis, Missouri. Once a party files a request for mediation with the other party and with the American Arbitration Association, the parties agree to commence such mediation within thirty (30) calendar days of filing of the request. Either party may terminate the mediation at any time after the first session, but the decision to terminate must be delivered in person to the other party and the mediator. Engaging in mediation is a condition precedent to any other form of binding dispute resolution. Any disputes not resolved by mediation shall be decided by litigation in the Circuit Court of St. Louis County, Missouri. 13. COST OF DISPUTE RESOLUTION The cost of any mediation proceeding shall be shared equally by the parties participating. The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by a dispute resolution procedure designated in this Agreement shall be entitled to recover from the other party those reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process after direct discussions and mediation. 14. TERMINATION BY EITHER PARTY Either party may terminate this Agreement upon seven (7) days' written notice if the other party materially breaches its terms through no fault of the initiating party. 15. TERMINATION FOR CONVENIENCE Upon seven (7) days' written notice, either party may, without cause, terminate this Agreement. If this Agreement is so terminated, the Owner shall pay the CM for any work performed up to the date of the termination. 16. LIMITATION OF LIABILITY Except to the extent covered by liability insurance required by this Agreement, CM's liability and Owner's total aggregate amount of damages arising out of the CM's services provided under this Agreement including errors and omissions, any action based on strict liability, breach of contract or any other cause of action shall be Limited to the CM's compensation for services rendered. CM's liability for third party claims for bodily injury or property damage shall be limited to the extent covered by liability insurance provided as required by this Agreement. Page 2 of 3 17. GOVERNING LAW The Agreement shall be governed by the law of the State of Missouri. ATTEST: x�L Q ) 0, -, C A le Conrad ATTEST: OWNER BY:� PRINT NAME: S Cd PRINT TITLE: C I i-\/ I\/la-h c, CA, p -r CONSTRUCTION MANAGER BY: PRINT NAME: James . Frey PRINT TITLE: Authorized Representative Page 3 of 3 �\ City of Cape Girardeau Alberici Constructors Request for Proposal AN AEIEPICI ENTERPRISE Project Management, Park Facility Projects i Project Personnel 2009 Billing Rates Position Rate Vice President $176.00/hour Project Director $156.64/hour Senior Project Manager $130.53/hour Project Manager $108.79/hour Asst. Project Manager 5 90.64/hour Project Engineer $ 82.43/hour Safety Director $110.31/hour Safety Manager $ 91.92/hour Safety Coordinator $ 69.63/hour Senior Estimating Director $141.22/hour Estimating Director $117.70/hour Senior Estimator $ 98.08/hour Estimator II $ 81.73/hour Scheduling Engineer $ 73.33/hour Financial Controls $ 82.08/hour Carp Sup - III $114.91 /hour Carp Supt - II $104.98/hour Carp Supt - 1 $ 93.76/hour Project Admin III $ 58.28/hour Project Admin II $ 48.58/hour Project Admit I $ 44.15/hour Per Diem rates Et miscellaneous expenses: • Lodging and meals - reimburse at actual costs, no mark-ups. Not to exceed current CONLIS rates for the Project location. • Company vehicles - expense at current Blue Book rate plus actual fuel expense. • Other elements (e.g. office space, supplies, services, etc.) - if needed, expense at actual costs, no mark-ups. • Requisite project insurance costs, with the exception of Worker's Compensation - traditionally are billed as a percentage of revenue. We can better assign a value for this element as your specific requirements are identified. In general, our rates are established on a calendar year basis in conjunction with the renewal of Alberici's insurance program. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. M Alberici Constructors, Inc. 1 800.261.2611 1 www.atberici.com 10.07.09 Page 2 of 2 DATE (MM/DD/YYW) ACORD- CERTIFICATE OF LIABILITY INSURANCE 1 10/27/2009 PRODUCER THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ALLIED NA INS BROKERAGE OF MO LLC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 8000 Maryland Ave. St. Louis, MO 63105 (314) 733-2274 JSURED Alberici Constructors, Inc. 8800 Page Ave. St. Louis, MO 63114 INSURERS AFFORDING COVERAGE I NAIC# INSURER A: Discover Property 6 Casualty Ina. INSURER B: Allied World National Assurance INSURER C: US Fidelity and Guaranty Co INSURER D: Steadfast Insurance Company INSURER E: COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECT TO ALLTHE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. A WE -POLICY NS TYPE OF INSURANCE GENERAL LIABILITYED X COMMERCIAL GENERAL LIABILITY CLAIMSMADE CI OCCUR NUMBER 002L00357 DATE MM/DDnY E 01/01/09 TION PDATEYMMIDDA/1Y' 01/01/10 LIMITS EACH OCCURRENCE $ 2,000,000 PREMISES (Ea oocurence) $ 50 000 MED EXP (Any oneperson) S PERSONAL&ADVINJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 PRODUCTS -COMP/CP AGG $ 4 GENI- AGGREGATE LIMIT APPLIESPER: RO- —PRO- F-1 POLICY X JECT LOC POLIC - AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANYAUTO ALLOWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS BODILY INJURY $ (Per accidenU A HIRED AUTOS 002AO0628 01/01/09 01/01/10 NON -OWNED AUTOS F1 PROPERTY DAMAGE $ (Per accidenQ GARAGELIABILITY AUTO ONLY - EAACCIDENT $ OTHER THAN EAACC S AUTOONLY: AGG $ ANYAUTO EXCESSIUMBRELLA LIABILITY X I OCCUR CI CLAIMSMADE EACH OCCURRENCE $ 1,00-0,000 AGGREGATE $ 1 000,000 $ 011117/001 01/01/09 01/01/10 $ B DEDUCTIBLE ri RETENTION $ `+ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? Ifyes, describe under SPECIAL PROVISIONS belo 002WO0721 01/01/09 01/01/10 X TORY LIMI1A11TS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1 E.L. DISEASE-POUCY LIMIT $ 1,000,000 OTHER D Professional OC 5967823 01 04/30/09 04/30/10 $2,500,000 Claim LiabilitV 104/30/09 04 30 10 $2,500,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/ EXCLUSIONS ADDED BYENDORSEMENT /SPECIAL PROVISIONS Umbrella is not excess over Professional Liability. VGf\IIrIVAI G SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION City of Cape Girardeau A. C. Brase Area DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 401 Independence Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Cape Girardeau, MO 63702 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURR ER, AGENTS OR REPRESENTATIVES. -- AUTHORIZED REPRE$ENmTIVE<&AaK I ---1-i- n-eenowTlAW A�4C AGORD25 (ZUUT/US) NOTICE OF AWARD Date November 4, 2009 TO: Alberici Constructors, Inc. ADDRESS: 8800 Page Avenue, St. Louis, Missouri 63114-6106 PROJECT: Construction Management Services Agreement for Parks Projects You are notified that your proposal dated October 7, 2009 for the above contract has been considered. You are the apparent selected contract management firm and have been awarded a construction management services for the Aquatic Center, Osage Center Renovations and the Shawnee Community and Sports Complex in the City of Cape Girardeau. The agreed upon price of your services is: forty-eight thousand dollars and zero cents ------ ------------------ ($ 48,000.00). You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by November 18, 2009 . You must deliver to the OWNER seven (7) fully executed counterparts of the Agreement. You must deliver with the executed Agreement the Contract Insurance as specified in the Contract Documents. Failure to comply with these conditions within the time specified will entitle OWNER to consider your proposal in default and to annul this Notice of Award. CITY OF CAPE GIRARDEAU BY: �-- Ke reen, P.E. City Engineer ACCEPTANCE OF AWARD BY: ( berici o tructors, Inc.) Authorized RepreseraoWe (Title)