HomeMy WebLinkAboutRES.697.02-03-1992 BILL NO. 92-26 RESOLUTION NO. �/ �
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH SCHEMEL ASBESTOS
ABATEMENT CO. FOR ASBESTOS ABATEMENT AT THE
CAPE GIRARDEAU MUNICIPAL AIRPORT TERMINAL
BUILDING
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 Schemel Asbestos Abatement Co. for asbestos abatement
at the Cape Girardeau Municipal Airport Terminal Building. A copy
of said Contract is attached to this Resolution and made a part
hereof.
PASSED AND ADOPTED THIS � DAY OF 19 9�
�� � � ,.
i �' i ��/-<--'
Francis E. Rhodes, Mayor
ATTEST:
�
Julie ale, Deputy City Clerk
CITY OF CAPE GIRARDEAII
AIRPORT TERMINAL ASBESTOS ABATEMENT
STANDARD FORM OF AGRETMENT
BBTWSEN OWNSR AND CONTRACi`OR
ON THE BASIS OF A STIPIILATED PRICS
EJCDC 1910-8-A-1 (1990)
THIS AGREEMENT is dated as of the day of
in the year 19 by and between the City of Cape Girardeau, Missouri
(hereinafter called OWNER) and
(hereinafter called CONTRACTOR) .
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article l. WORR.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows: Removal of sprayed on
acoustical plaster and floor tile containing asbestos from the Municipal Airport
Terminal building.
Article 2. $NGINSSR.
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 twenty-one 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 twenty-eight days after the date
when the Contract Times commence to run.
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 paragrapi� 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
Two Hundred Dollars ($200.00) 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
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granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Dollars ($100.00) for
each day that expires after the time specified in paragraph 3.1 for completion
and readiness for final payment.
Article 4. CONTRACT PRICF,.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 4.1 below:
4.1 for all Work other than Unit Price Work, a Lump Sum of:
Twentv-Four Thousand Two Hundred Twenty-Five Dollars ($ 24,225.00 )
(use words) (figures)
All specific cash allowances are included in the above price and have been
computed in accordance with paragraph 11.8 of the General Conditions.
Article 5. PAYMENT PROCEDIIRES.
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 lOth day of each month during
construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments
will be 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 ENGZNEER 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 i�lor�s 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) .
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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 Fina1 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. INTSREST.
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 REPR$SENTATIONS.
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 Laws and Regulations that may affect cost, progress, performance and
furnishing of the Work.
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.
7.7 CONTRACTOR has given ENGZNEER 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 DOCIIMENTS.
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 5, inclusive) .
3
8.2 Exhibits to this Agreement (pages 1 to 2 , inclusive) .
8.3 Performance, Payment, and other Bonds, identified as exhibits and
consisting of pages.
8.3.A Prevailing Wage Determination No. 92-104-0007, pages 1-9 inclusive.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 42 , inclusive) .
8.6 Supplementary Conditions (pages 1 to 4 , inclusive) .
8.7 Specifications consisting of 10 divisions and 15 pages, as listed in
table of contents thereof.
8.9 Addenda numbers 1 to , inclusive.
8.10 CONTRACTOR's Bid (pages 1 to 4 , inclusive) marked exhibit
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages 1
to 17 , 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 amending, modifying or supplementing the Contract Documents pursuant
to paragraphs 3.5 and 3.6 of the General Conditions.
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. MISCSLLANEOIIS.
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 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 responsibility 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, aqreements 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
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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.
9.5 OTHER PROVISIONS.
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 , 19_ (which is the
Effective Date of the Agreement) .
OWNER CONTRACTOR
By: By:
[CORPORATE SEAL] [CORPORATE SEAL]
Attest Attest
Address for giving notices Address for giving notices
(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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BID OPENING REPORT
A.M.
BIDS WERE OPENED ON JANUARY 30 , 1992 AT 10 : 30 P .M.
FOR AIRPORT TERMINAL ASBESTOS ABATEMENT
PRE-BID ESTIMATE
ADDEftDUM QUALIF. BASE BID ALT BID
CONTRACTOR #1 DOC. BaND AMQUNT AMOUNT
i. sc�m�, A.ssESTos ��vT cn -�t�S ��S �'(C-$ � t£��Zb�`� �2�-,�Z Z�=,=
2. MJ IIWIROPA�MI'AL rrrc '�C-� `t�.� �r.-� � '�y,�,���,3`� �37;Z��,�t c
3. WESTERN SPRAY INSUL CO INC �C�."S 't� '`t��5 � �C''�CCt�c� �'33. CC�� �e
4. WELLINGTON IIW CQNSULTING ��5 �`�E S `(ES � �3�C��eC�= �3���et��'-=,
5. SPECIALTY WASTE SERVICES INC ��3 �'1C-5 '{G-S � '�3�2bCc= ��1.9���
6. SPIRO IIWIROM�IIIV'I'AL,rrrc `��s `��s `�� �43,°�z�`'� �Ss��3��
7. WASHINGTON DEMOLITICN INC �C'S ��`� Y� ��'�",�F�vK— �' ���C'C��
8.
9.
10.
11.
12.
13.
14.
15.
SIGNED �;, � ``47
DATE � " 3`' ''� Z--
THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED.
THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN
COMPLETELY REVIEWED.
CITY OF CAPE GIRARDEAU
AIRPORT TERMINAL ASBES�OS ABATEMENT
BID FORM — REVISED
EJCDC 1910-18 ( 1990 )
PROJECT IDENTIPICATION: AIRPORT TERMINAL ASBESTOS ABATEMENT
CONTRACT IDENTIFICATION AND NUMBER:
THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63701-6244
1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into aa agreement
with ORNER ia the form included in the Contract Documents to perform and furnish all Kork as
specified or indicated in the Contract Documents for the 9id Price and within the 9id Times indicated
in this Bid and in accordance with the other terms and conditions of the Coatract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to 9idders, including without limitation those dealing with the disposition of Bid
security. This Bid will remain subject to acceptance for thirty-five days after t�e day of Bid
opeaing. BIDD@R will sign and deliver the required ❑umber of counterparts of the .Agreement with the
Bonds and other documents required by the Bidding Rev_uirements within fifteen days after the datz
of OKNER�S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
(a) BIDDER has eaamined and carefully studied [he Bidding Documents and the followiag Addeada,
receipt of all which is hereby acknowledged: (List dddeQda 6y Addeadum Num6er aad Date)
Addendum #1—no date on this addendum (see attached copy)
(b) BIDDER has visited t�e site and become familiar Hith and is satisfied as to the general,
local and site conditions that may affect cost, progress, performance and furnishing of [he
Work;
(c) BIDDER is familiar with and is satisfied as to aIl federal, state and Iocal Laws and
Regulatioas that may affect cost, progress, performaace and furnishing of the Kork.
(e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the
site that relates to �ork for which this Bid is submitted as indicated in the Contract
Documents.
(f) BIDDER has correlated the information known to BIDDER, information and observations obtained
from visits to the site, reports and drawings identified in the Contract Documents and al1
additional egaminations, investigations, eaplorations, tests, studies and data with the
Coatract Documents.
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(g) BIDDER has given Engineer Nritten notice of all conflicts, errors, ambiguities or
discrepancies t�at BIDDER has discovered in the Contract Documents and the written
resolutioa thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for
performing and furnishing the Kork for khich this Bid is submitted.
(h) This Bid is genuine and not nade in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreement or rules of aay
group association, organization or corporation; BIDDBR has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not
solieited or iaduced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other Bidder or over
OKNBR.
(i) The contractor hereby states that he has not been convicted of a violation of the prevailing
Wage Law and is not prohibi[ed from contractiag �ith the City of Cape Girardeau for the
constructian of this public works project under such Prevailing Kage Law.
4. BIDDER xill complete the {�ork in accordance Kith the Contract Documents for the folloWing
price(s):
BASE 9ID: TOTAL CEILING REMOVAL
PAASE I FIFTEEIV THOUSAND FIVE HLTNDRED FIFTY F.IVE 00/100--- �s.15,555.00�
PHAS E I I `1'HOUSAND SEVEN HTJNDRED TWENTY SIX 00 100---�$ 12,726.0�
TOTAL BID �Y EIGHT THOUSAND TWO HiJNDRED EIGHTY ONE 00/lOq$ 28,281.0�
ALTERNATE BID: SCRAPING CEILINC
FHASE I '�IRTEEN THOUSAND THREE H[JIVDRED 'I'WEN'I'Y FOUR 00/100 l$ 13,324.0�
PHASE II TEN THOUSAND IVINE HUNDRED ONE 00/100-------------- ($10,901.00)
TOTAL BID T�� FOUR 'I'HOUSAND 'I'WO HUNDRED 'I'WENTY FIVE 00/lOQ$ 24,225.0�
UNIT PRICE SCHEDULE
FLOOR TILE & MASTIC REMOVdL (SF) S 4.25
CEILING REMOVAL (SE) $ 10.00
CEILING SCRAPING (SF) $ 8.50
5. BIDDER agrees that the Work
will be substantially complete within twenty-one caleadar daqs after the date when [he Contract
Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and
ready for final payment in accordance With paragraph 14.13 of the General Conditions �ithin twent9-
ei ht calendar days after the date When the Contract Times coomences to run.
BIDDBR accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Kork within the tines specified in the Agreement.
6. The following documents are attached to and made a condition of this Bid:
(a) Required 9id Security in the form of a bid bond or cashier�s check in the amount of Sx of
the Total Base Bid.
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1. Communications concerning this Bid shall be addressed to:
Name J Rensev Russell Citp Enzineer
Address P.O. Boz 6I1
Cape Girardeau HO 6310I-6244
8. Terms used in the Bid khich are defined in the Generai coaditions or Instructions Will have the
meanings indicated in the General Conditions or Instructions.
SUBMITTED on January 30 , 14 92.
State Contractor License Ho. 93-01-0193 Department of Natural Resources
IP BIDDBR is:
An Individual
gy (SEAL)
(Individual�s Name)
doing business as
Business address:
Phone No.:
A Partnership
gy (SEAL)
(Firm Name)
(general partner)
Business address:
Phone No.:
A Corporation
By Schemel As}�estos Ahatement Co. (SEAL;
(Corporation Name)
Missouri
(state of incorporation)
3
/ , ��� ]� "ll �
gy Claire E Schemel ' �SEAL)
(name of person authorized [o sign)
President
( itle)
(Corpocate Seal)
Attest
Richard Schemel Sec/Trea�ecretary)
Business address: 1048 North Jackson,Perryville, MO 63775
Phone No.: 314-547-2558
Date of Qualification to do business is JanuarY 1992 — JanuarY 1993
A Joint Venture
By (SEAL)
(Name}
(Address)
gy (SEAL)
(Name)
(Address)
Phone Number and Address for receipt of official communications
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
�
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� �
AIRPORT TERMINAL ASBESTOS ABATEMENT
ADDENDUM NO . 1
This Addendum consists of this document, 2 plan sheets, and a revised Bid Form.
Addendum to Notice to Bid
The time of bid opening is changed to 10:30 a.m. Jan. 30, 1992. Proposals will
be publicly opened and read aloud in the Office of the City Engineer, 401
Independence Street, Cape Girardeau, M0.
Addend� to Instructions to Bidders
12.1.a. The revised bid form showing the ceiling removal as the base bid, ceiling
scraping as an alternate, and a schedule of unit prices shall be used for
bidding. The unit price schedule is for use in the event work is added or
deleted to that shown.
12.8.a. Items 2 and b as described in Section IV Submittals and Notices shall be
submitted with the bid. Only documentation for those workers to be used on this
project needs to be submitted.
Addendum to Section VI Building Protection
Paragraph A. shall be deleted in its entirety and replaced with the following
paragraph:
A. Do not use spray glue on any walls shown to be remaining on the plans. Do not
put nails into the concrete floor. Any studding shall be affixed to itself for
support.
CHANGE ORDER #3
PROJECT TZTLE AIRPORT TERMINAL ASBESTOS ABATEMENT
CONTRACT DATE FEBRUARY 18 , 1992
CONTRACTOR SCHEMEL ASBESTOS ABATEMENT COMPANY
The following changes are hereby made to the Contract Documents:
Removal of the remainder of the asbestos containing materials
in Phase I. (i.e, ceiling material, floor tile, mastic, etc. )
JUSTIFICATION
To complete asbestos abatement at the Municipal Airport by
removing asbestos material found over and under various partition
walls.
CHANGE TO CONTRACT PRICE
Original Contract Price:
$ 24, 225. 00
Current Contract Price, as adjusted by previous Change Orders:
$ 36, 589. 90
Current Contract Price due to this Change Order will be increased
by: $ 13 , 834 . 00
The new Contract Price due to this Change Order will be:
$ 50, 423 . 90
CHANGE TO CONTRACT TIME � -�,��.��
The Contractor will have until June 1)Q fS �
, 1992; to complete this
Change Order.
No time charged to the Contract while waiting for this Change
Order.
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 s-'�- `t Z
C �y Enginee� -;
( � � ` ��- -,�- ,-
Approved by �L�= � «�e, Date 1 �� /- 1-�
Cit Man er
Accepted by Date �-Q" I "�'�Z-
CHANGE ORDER #4
PROJECT TITLE AIRPORT TERMINAL ASBESTOS ABATEMENT
CONTRACT DATE FEBRUARY 18 , 1992
CONTRACTOR SCHEMEL ASBESTOS ABATEMENT COMPANY
The following changes are hereby made to the Contract Documents:
Removal of 170 square feet of ceiling tile and encapsulation
of remaining overspray �n perlins, conduits and decking.
JUSTIFICATION
To remove asbestos overspray found on top of ceiling tiles and
on roof support structures.
CHANGE TO CONTRACT PRICE
Original Contract Price:
$ 24, 225. 00
Current Contract Price, as adjusted by previous Change Orders:
$ 50, 423 . 90
Current Contract Price due to this Change Order will be increased
by: $ 490. 00
The new Contract Price due to this Change Order will be:
$ 50, 913 . 90
CHANGE TO CONTRACT TIME
The Contract Time will not be affected by this Change Order.
No time charged to the Contract while waiting for this Change
Order.
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 re uired under the terms of the Supplementary General
Conditions of t e Contract.
,.. /., ,/'; �.
Recommended by �' � / C -i�� . � ��=� Date �=' �f ��
Cit . ngine�r ,�
. _.- �
Approved by � 1' �.2' �' Date ��1 �i� �=
City an er
v�,, / �
Accepted by � ` ��� Date � - � � Z-
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