HomeMy WebLinkAboutRES.743.08-03-1992 , , ,
BILL NO. 92-165 RESOLUTION NO. ` '
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH PR DEVELOPERS, INC.
FOR THE MT. AUBURN/KAGE SANITARY SEWER
EXTENSION
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 PR Developers, Inc. , for the Mt. Auburn/Kage Sanitary
Sewer Extension, Sewer District 14-1-C-1. A copy of said contract
is attached to this Resolution and made a part hereof.
� ��
PASSED AND ADOPTED THIS - '-'�- DAY OF ��-'-'--�'"-•�= , 19
Francis E. Rhodes, Mayor
ATTEST:
�
� �r i �,{.,�v.- ";
Julie: A. Dale, Deputy City Clerk
CITY OF CAPB GIRARDSAII
MT. AUBURN/KAGE SANITARY SEWER EXTENSZON
SEWER DISTRICT 14-1-C-1
STANDARD FOR2i OF AGREEMENT
BETWSEN OWNER AND CONTRACTOR
ON THB BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the '�rc� day of Ai�q1is1-
in the year 19 A� by and between the City of Cape Girardeau, Missouri
(hereinafter called OWNER) and PR T�avPl n=Pr� . Tn�
(hereinafter called CONTRACTOR) .
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORR.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The construction of a sanitary sewer for the Chapel Heights
Subdivision, beginning at an existing manhole north of Kage Road and
extending south along the west side of Mt. Auburn Road. Work shall
include the installation of approximately 645 lineal feet of pipe,
eight (8) inches in diameter, along with three (3) manholes, five
(5) wyes, removal and restoration of asphalt pavement in Kage Road
and concrete pavement in driveways, placing seed and straw on the
restored right-of-way, and other appurtenances to serve Sewer
District No. 14-1-C-1, all as shown on the plans on file in the
Office of the City Engineer of the City of Cape Girardeau, Missouri.
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 45 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 60
days after the date when the Contract Times commence to run.
1
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 ahall pay OWNER
One hundred dollars (S100.00) 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 Seventv-Five Dollars SS75.001 for
each day that expires after the time specified in paragraph 3.1 for completion
and readiness for final payment.
Article 4. CONTRACT PRICS.
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:
UNIT PRICE WORK
ESTIMATED UNIT TOTAL
NO. ITEM UNIT QUANTITY PRICE ESTIMATED
1. 8" S�R PIPg L.F. 645.2 $ 17. 50 $ 11 , 291 . 00
2. Ssw$R wYs Er►cH 5 $ 2 0 0.0 0 $ 1 , 0 0 0. 0 0
3. MArraoLs �cx 3 $ 1, 5 0 0. 0 0 $ 4, 5 0 0. 0 0
4. CONCRETS REMOVAL
& REPLACEMENT S.Y. 40 $ 4 0. 0 0 $ 1 , 6 0 0.0 0
5. ASPHAI.T REMOVAL
& REPLACLI�NT S.Y. 24 $ 50.00 $ 1 , 200.00
6. SEED & STRAW ACRB .54 $ 3. 000. 00 $ 1 , 620.00
TOTAL OF ALL IINIT PRICES Twenty-one thousand two hLndred $ 21 , 21 1 _ �0
and eleven dollars and no/100-----------
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.
2
Article 5. PAYMENT PROCSDIIRES.
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 Proqress 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 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.
3
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 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, performance
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.
4
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 ENGZNEER 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 7, inclusive) .
8.2 Exhibits to this Agreement (pages _ to _, inclusive) .
8.3 Performance, Payment, and other Bonds, identified as exhibits and
consisting of pages.
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 bearing the title and consisting
of divisions and pages, as listed in table of contents thereof.
8.8 Drawings consisting of a cover sheet and sheets numbered 1 through
5 , inclusive .
8.9 Addenda numbers 1 to , inclusive.
8.10 CONTRACTOR's Bid (pages to , inclusive) marked exhibit
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 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.
5
Article 9. KISCELLANBOIIS.
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, assigna
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.
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 �•I • <i.�� . ' � , 19 ;_'.�� (which is the
Effective Date of the Agreement) .
OWNER � � ' � �^i/-� � � CONTRACTOR � �b
i
.,F /
By: � � �� By: .co
Y [CORPORATE SE ] [CORPORATE SEALJ
� �
Attest � � ? / Attest
i
6
Address for giving notices Address for qiving notices
CITY OF CAPE GIRARDEAU/ENGINEERING � �U of� RS. �I�v.
401 INDEPENDENCE. PO BOX 617 � � (�jox 301 - A
CAPE GIRARDEAU MO 63701-6244 L�i�cens�No����� �� �376�
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
� �1CTr N E l,L. �A 2R1�S
(If CONTRACTOR is corporation,
attach evidence of authority to
sign. )
7