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Home My WebLink AboutRES.1186.07-01-1996 BILL NO. 96-210 RESOLUTION NO. %��1�� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WESTERN WATERPROOFING CO. FOR THE A. C. BRASE ARENA ROOF REPLACEMENT 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 an Agreement with Western Waterproofing Co. for the A. C. Brase Arena Roof Replacement. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �Jf}�- DAY OF _ ��d.�.�, 19��. �� - � A. . Spradling, I Mayor ATTEST: 4�� ,�` ��:-�.;2��' Gayl� L. Conrad Deputy City Clerk � CITY OF CAPE GIRARDEAU AC BRASE ARENA ROOF REPLACEMENT STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THlS AGREEMENT is dated as of the ��` day of u � in the year 19`�W by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and WESTERN WATERPROOFING CO. (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 shall consist of the replacement of the AC Brase Arena roof at Arena Park for work under alternate bids A, B and D. 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 work will be substantially completed within thirt� (30) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and competed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within thirty (30) days after the date when the Contract Times commence to run. A-6 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: Thirty six thousand and one hundred and sixty four dollars and no cents ($36 164.00) All specific cash allowances are included in the above price and have been computed in accordance with paragraph 1 1 .8 of the General Conditions. 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 ENGINEER as provided in the General Conditions. 5.2 FinalPayment. 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 ENGINEER as provided in said paragraph 14.13. 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 allowed by law at the place of the P�oject. 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 has visited the site and become familiar with and is satisfied as to the 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 A-7 Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 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. 7.5 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. 7.6 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 between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages A1 to A5 inclusive). 8.3 Performance, Payment, and other Bonds. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). 8.6 Supplementary Conditions (pages SC-1 to SC-5 , inclusive). 8.7 Specifications bearing the title AC Brase Arena Roof Replacement. 8.8 Drawings. 8.9 Addenda number 1 . 8.10 CONTRACTOR's Bid (pages BF1 to BF5 , inclusive) marked exhibit 1 . 8.1 1 Documentation submitted by CONTRACTOR prior to Notice of Award. A-8 8.12 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). 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. Article 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 witl 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 specificafly 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. 9.3 OWNER and CONTRACTOR each binds itself, its aartners, 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. 9.4 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. P.-9 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 S��! `� , 19`�� (which is the Effective Date of th�eement). OWNER CONTRACTOR �� OF CAPE G{RARDEAU WES�ERN WATERPRO�'� � l � _� y: f��1� �� '� �� r� -�� Bv� ��_ � [CORPORATE SEAL] ` [CORPORATE SEAt , ,. Attest � �� '-1 (:l>� !'P��,�' Attest ��-�� O�� Address for giving notices Address for giving notices 401 INDEPENDENCE ST. l�� Y�tl/� I� 5' CAPE GIRARDEAU, MISSOURI 6370_1 �� !��l.f��5,, �D �/D 7`' (If OWNER is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: _ authorizing execution of Agreement. (If CONTRACTOR is corporation, attach evidence of authority to A-10