HomeMy WebLinkAboutRES.1008.12-19-1994 �
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BILL NO. 94-316 RESOLUTION NO. �L-�:.sY�
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH R. L. PERSONS
CONSTRUCTION, INC. FOR CONSTRUCTION OF THE
MID-SOUTH STEEL SANITARY SEWER
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 with R. L. Persons Construction, Inc. for construction of
the Mid-South Steel sanitary sewer. A copy of said Contract is
attached to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS I`i.�l�. DAY OF k�,�:�t,�i.�.%2�' t% , 19 `�_.
A. M. Spradling, III, yor
ATTEST:
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Gayle,,;L. Conrad
Deputy City Clerk
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CITY OF CAPE GIRARDEAU
MID-SOUTH STEEL SANITARY SEWER
EDBGF 94-DR-011
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the i��h day of�_k.LY1�.(�� in the year
19 ' �j by and between the City of Cape Girardeau, Missouri (hereinafter called
OWNER) and R.L. PERSONS CONSTRUCTION, INC., hereinafter called
CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutuai covenants hereinafter set
forth, agree as foliows:
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 installation and testing of approximately 2600 lineal feet of 8" gravity
sewer line along with manholes and other appurtenances through the Six-
Thirty Corporation industrial tract to serve the Mid-South Steel site.
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 Sixty (60) 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 Ninety (90) days after the date when
the Contract Times commence to run. �
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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
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual 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 One Hundred Dollars 100.00 for each
day that expires after the time specified in paragraph 3.1 for Substantial Completion until
the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the time specified in �
paragraph 3.1 for completion and readiness for final payment or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER Fifty Dollars $ 50.00
for each day that expires after the time specified in paragraph 3.1 for completion and
readiness for final payment.
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 paragraph 4.2 below:
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 Seventv Thousand Eiaht Hundred and no/100-----------
$ 70.800.00 .
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 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.
5.1 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
construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be
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measured by the schedule of values established in paragraph 2.9 of the General
Conditions (and in the case of Unit Price Work based on the number of units completed)
or, in the event there is no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER shall determine, or
OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER, and if the character
and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER, on recommendation of ENGINEER, may determine
that as long as the character and progress of the Work remain satisfactory
to them, there will be no additional retainage on account of Work
completed, in which case, the remaining progress payments prior to
Substantial Completion will be an amount equal to 100% of the Work
completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied
by documentations satisfactory to OWNER as provided in paragraph 14.2
of the General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments
to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less
such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance
with paragraph 14.7 of the General Conditions.
5.2 Final Payment. 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 Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
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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 Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the site
(except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR
accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions
of the extent of the "technical data" contained in such reports and drawings upon which
CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the Contract
Documents with respect to Underground Facilities at or contiguous to the site.
CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all such additional supplementary examinations, investigations, explorations,
tests, studies and data concerning conditions (surface, subsurface and Underground
Facilities) at or contiguous to the site or otherwise which may affect cost, progress,
pertormance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR
does not consider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the performance and furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents.
7.5 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.
7.6 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.
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7.7 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 fumishing 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 1 to 7 inclusive).
8.2 All forms and documents listed under Section IV. Contract in the Table of Contents
of this Bid and Contract Document Packet.
8.3 Performance, Payment, and other Bonds
8.4 Notice to Proceed.
8.5 CDBG General Conditions
8.6 H.U.D. Supplementary Conditions and document listed under Section VI labeled as
such in the Table of Contents of this Bid and Contract Document Packet.
8.7 Special Conditions
8.8 Technical Specifications
8.8 Drawings.
8.9 Addenda numbers to , inclusive.
8.10 CONTRACTOR's Bid including all forms and documents which are a part of the bid
package listed under Section III labeled as Bid Documents in this Bid and Contract
Document Packet.
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to
_, inclusive).
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
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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 Genera� Conditions.
9.2 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 responsibitity under the Contract Documents.
9.3 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.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regutation 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 deliv�red 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 "�., ;�� � , 19����(which is the Effective Date
of the Agreement}. `J -
OWNER CONTRACTOR
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By: By: / �/�-y.�G�" i�`".,.L�O�-�..
[CORPORATE SEAL] [CORPORATE SEAL]
, � � ,
Attest � ����� � e�j [r^z; �,r;�� Attest _ � O�M e.,,�
Address for giving notices Address for giving notices
'�. � �o x. 39 38
�ODIA���V��ti-. T',(7 � 3 �oa-3`�3$
(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
sign.)
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CHANGE ORDER #1
PROJECT TITLE MID SOUTH STEEL SANITARY SEWER. EDBG 94-DR-011
CONTRACT DATE JANUARY 18, 1995
CONTRACTOR R L. PERSONS CONSTRUCTION, INC.
The following changes are hereby made to the Contract Documents :
Adjust pipe quantities as follows :
Delete from Item 2
8" pipe 18 L.F . @ $14 .75 $265 .50
Add Item 2A
8" ductile iron 18 L.F. @ Lump Sum $866 . 00
with connectors
JUSTIFICATION
Ductile iron pipe is needed where sewer crosses a water main
for the protection of both lines .
CHANGE TO CONTRACT PRICE
Original Contract Price : $70, 800 . 00
Current Contract Price, as adjusted by previous Change Orders :
$ 70, 800 . 00
Current Contract Price due to this Change Order will be increased
by: $ 600 .50
The new Contract Price due to this Change Order will be :
$ 71, 400 .50
CHANGE TO CONTRACT TIME
There will be no change in Contract Time .
APPROVALS REQUIRED:
To be effective, this Order must be approved by the Owner if
it changes the scope or objective of the project, or a may
otherwise be required under the terms of the Supplementary General
Conditions of the Contract .
Recommended by �` ` Date 3 - � -�5
'ty Engi r
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Approved by -�-�'� Date :� /� ��-'
City Manager
Accepted by _��� ��:� Date �"-7�3�
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R.L. PERSONS CONSTRUCTION
P.O. Box 3938
Popiar Bluff, Missouri 63902-3938
Phone 314-686-1323
March 3 , 1995
Mr . J . Kensey Russell , P . E .
Ci_ty Engineer
City of Cape Girardeau
P . 0 . Box 617
Cape Girardeau , MO 63702-0617
RE= Additional Work Required - 630 Sewer
Dear Mr _ Russell =
Per your request , the required extra. work concerning the above
mentioned project shall consist of 20 �F 8" Ducti_le Iron Sewer Pipe ,
a.ssociated couplings , including all excavation , labor and material .
This work was needed in order to facilitate proper crossi,ng of an
unknown , existing water line with the new sewer line . Our price
for said work shall be �866 .00
If you should require additional information , please advise .
Sincerely ;
�����.,.��.--
Randal L . Persons
President
R . L . Persons Construction , Inc .
ACTION E3Y WR:CTTEN CONSEN T
QF THE F30ARD OF DIRECTURS OI�
R . l� . PERSUNS CONS7RlJC'f ION , INC .
�ursuant. to Section 351 .340 of i:.he General anc� Business
Corpor�.Y,i.on l__aw c�f M.issour.i. , i�l�ie [3oarc� of C�irectors of �aici
corporation c10 I��rek�y �tnani.mou�ly consent to and �clapt the
fnllowing reso.lutions wh.i.ch consta.tute acti.on takPn in l.ieu of a
special meetinc� of the E3oard of Direct.ors:
R�SOL.VED , t�h�t the President of i�h� corporati.on 9.s
a�athorized and direct.ed to execut.e agreem�ni�s and
contract oii b�f7alf of t�i� cr�rpc�ration a.nc� to take
a.l�t sur.h st.eps consisent, with thc� provisic�ns of the
�gre�ments and contracts .
Con�ented to and adopted i.17�.s ?_9th day of Decemb�ar ,
1994 ,
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�'�r�t7�°� �C�
F2andal l_ . Persons
President
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Rob ,rt K . Persons
Execut��_vP Va.c� - F�resident
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Harshe.l Knuckles
Vic� - Pre�ident
�.!i��7A�-�-�� CA.
Debc�ra.h J . J ce ��
Secret�ry\T"re�sure;r