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Home My WebLink AboutRES.1361.04-20-1998 BILL NO. 98-78 RESOLUTION N0. j `�� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTR.ACT TO ESCROW FUNDS WITH ROBINSON MECHANICAL CONTRACTORS, INC. , D/B/A ROBINSON CONSTRUCTION COMPANY, FOR THE R.AW WATER INTAKE RELIABILITY ENHANCEMENT PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract to Escrow Funds, an addendum to "Raw Water Intake Reliability Enhancement" Contract, EDP Project No . 05-19-61203 . A copy of said Contract to Escrow Funds is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS ,�(,;�,� UAY OF �,�}�( , 19�. A. .` Spradling, III, Ma o ATTEST : ; `,. �'�.. Gayle�` . Conrad Ueputy City Clerk CONTRACT TO ESCROW FUNDS ADDENDUM TO"RAW WATER INTAKE RELIABILITY ENHANCEMENT"CONTRACT EDA PROJECTNO.OS-I9-61203 CITY OF CAPE GIRARDEAU, MISSOURI—OWNER ROBINSON CONSTRUCTION COMPANY—CONTRACTOR THIS AGREEMENT is made and entered into this , 1998, by and between CITY OF CAPE GIRARDEAU, MISSOURI, hereinafter referred to as"Uwner,"and ROBINSON MECHANICAL CONTRACTORS, INC. d/b/a, hereinafter referred to as"Contractor," WITNESSETH: WHEREAS,the parties entered into Contract whereby the Contractor was to install a roofing system on the Raw Water Intake Reliability Enhancement project at Cape Rock Dr., and has installed, "Firestone"(Approved Manufacturer)roof system on the Cape Rock Intake Structure,Cape Girardeau, Missouri. The parties have agreed that the system was installed without the specified Pre-Roofing Conference as specified in contract specifications and �vas installed by Calvin Sailer Roofing Company which is not a (icensed"Firestone"roof installer,and WHEREAS, to avoid expensive replacement at this time the parties have agreed to provide an escrow account to provide funds for repairs to the single-ply membrane or flashing as maybe later necessary to prevent water leakage into structure,the parties have reached agreement and desire to memorialize same in writing; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained,the sufficiency of which is hereby acknowledged by the parties hereto,the parties hereto agree as follows: 1. Contractor agrees to deposit the sum of Six Thousand Dollars($6,000.00)in an interest bearing account to be established and held for 10 years as an escrow fund by the City of Cape Girardeau. The parties agree that said escrow funds shall bear interest based upon the money market account interest at the Bank of Missouri,Cape Girardeau,Missouri(currently rate). Earned interest shall be deposited into this account. The City of Cape Girardeau may draw upon said account for the reasons and in the manner as hereinafter set forth. 2. In the event that the roofing system fails,the Owner shall notify the Contractor within 24 hours. A site meeting shall be arranged with the Contractor and a qualified inspector representing the roof system manufacturer"Firestone",hereinafter referred to as"Inspector". Contractor shall submit to Owner in writing certification from"Firestone"documenting Inspectors qualifications as a "Firestone"Inspector. The Inspector shall verify that the roof system failed due to defective materials or improper insta(lation procedures by Calvin Sailer Roofing Company. Cost for the inspection will be reimbursable from escrow account if Inspector verifies that defective materials or improper installation procedures caused failure. Inspection costs will not be reimbursable if Inspector verifies that roof system has not failed or was caused by other than listed above. 3. Should the roofing system be leaking such that electrical equipment could be damaged causing the loss of raw water supply,temporary repairs to the roofing system to prevent damage to the electrical equipment shall begin within 24 hours of notification of failure by Owner. Costs of the temporary repair will be reimbursed from escrow account if Inspector verifies that defective materials or improper installation procedures caused failure. 4. If system failure is due to defective material or improper installation procedures by Calvin Sailer Roofing Company, permanent repair to the roofing system shall be made by an installer acceptable to or licensed by"Firestone". Other installers may be acceptable subject to Owner approval. 5. Failure of the roof system due to oil leakage from the Owner's transformers before or after the signing of this contract is not the responsibility of the Contractor. Repair, inspection,or replacement of the roof system due to the oil leakage is not reimbursable from escrow account. 6. At the end of the 10-year period;Contract shall be terminated,the Contractor shall be reimbursed all funds remaining in account including interest funds. 7. This agreement shall be binding on the parties hereto,their successors,heirs and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written (Seal) "OWNER" CITY OF CAPE GIRARDEAU, MISSOURI BY ATTEST: (Secretary) (Witness) (Seal) "CONTRACTOR" ROBINSON MECHANICAL CONTRACTORS, INC. d!b/a ROBINSON CONSTRUCTION COMPANY ATTEST: By ` � Francis E. Robinson,President (Secretary i t itnes " CONTRACT TO ESCROW FUNDS ADDENDUM TO"RAW WATER INTAKE RELIABILITY ENHANCEMENT" CONTRACT EDA PROJECT NO. OS-19-61203 CITY OF CAPE GIRARDEAU, MISSOURI—OWNER ROBINSON CONSTRUCTION COMPANY—CONTRACTOR THIS AGREEMENT is made and entered into this 20th day of April, 1998, by and between CITY OF CAPE GIRARDEAU, MISSOURI, hereinafter referred to as"Owner,"and ROBINSON MECHANICAL CONTRACTORS, INC. d/b/a, hereinafter referred to as"Contractor," WITNESSETH: WHEREAS,the parties entered into Contract whereby the Contractor was to install a roofing system on the Raw Water Intake Reliability Enhancement project at Cape Rock Dr., and has installed, "Firestone"(Approved Manufacturer)roof system on the Cape Rock Intake Structure,Cape Girardeau, Missouri. The parties have agreed that the system was installed without the specified Pre-Roofing Conference as specified in contract specifications and was installed by Calvin Sailer Roofing Company which is not a licensed"Firestone"roof installer,and WHEREAS, to avoid expensive replacement at this time the parties have agreed to provide an escrow account to provide funds for repairs to the single-ply membrane or flashing as maybe later necessary to prevent water leakage into structure,the parties have reached agreement and desire to memorialize same in writing; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained,the sufficiency of which is hereby acknowledged by the parties hereto,the parties hereto agree as follows: 1. Contractor agrees to deposit the sum of Six Thousand Dollars($6,000.00) in an interest bearing account to be established and held for 10 years as an escrow fund by the City of Cape Girardeau. The parties agree that said escrow funds shall bear interest based upon the money market account interest at the Bank of Missouri,Cape Girardeau,Missouri. Earned interest shall be deposited into this account. The City of Cape Girardeau may draw upon said account for the reasons and in the manner as hereinafter set forth. 2. In the event that the roofing system fails,the Owner shall notify the Contractor within 24 hours. A site meeting shall be arranged with the Contractor and a qualified inspector representing the ruof system manufacturer"Firestone",hereinafter referred to as"Inspector". Contractor shall submit to Owner in writing certification from"Firestone"documenting Inspectors qualifications as a "Firestone"Inspector. The Inspector shall verify that the roof system failed due to defective materials or improper installation procedures by Calvin Sailer Roofing Company. Cost for the inspection will be reimbursable from escrow account if Inspector verifies that defective materials or improper installation procedures caused failure. Inspection costs will not be reimbursable if Inspector verifies that roof system has not failed or was caused by other than listed above. 3. Should the roofing system be leaking such that electrical equipment could be damaged causing the loss of raw water supply,temporary repairs to the roofing system to prevent damage to the electrical equipment shall begin within 24 hours of notification of failure by Owner. Costs of the temporary repair will be reimbursed from escrow account if Inspector verifies that defective materials or improper installation procedures caused failure. • . . 4. If system failure is due to defective material or improper installation procedures by Calvin Sailer Roofing Company, permanent repair to the roofing system shall be made by an installer acceptable to or licensed by"Firestone". Other installers may be acceptable subject to Owner approval. 5. Failure of the roof system due to oil leakage from the Owner's transformers before or after the signing of this contract is not the responsibility of the Contractor. Repair, inspection,or replacement of the roof system due to the oil leakage is not reimbursable from escrow account. 6. At the end of the 10-year period;Contract shall be terminated,the Contractor shall be reimbursed all funds remaining in account including interest funds. 7. This agreement shall be binding on the parties hereto,their successors,heirs and assigns. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals the day and year first above written _-� (Seal) "OWNER" CITY OF CAPE GIRARDEAU, MISSOURI � BY� � Michael G. Miller — -`� City Manager ATTEST: ry ' r � (Sec ary) Gayle L . Conrad Deputy City Clerk (Witness) (Seal) "CONTRACTOR" ROBINSON MECHANICAL CONTRACTORS, INC. d/b/a ROBINSON CONSTRUCTION COMPANY r,-' � ATTEST: BY�^;��-�__._.__� �r� ��,..�- - - — j 1 ; Francis E. Robinson,President �� C��L ��'��2 (Secretary) / , � ��'v�� i�LC/L�CL..� (Witness)