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HomeMy WebLinkAboutRES.832.06-21-1993 . � , BILL NO. 93-132 RESOLUTION NO. �.�� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH APEX PAVING COMPANY FOR PAVING A PORTION OF QUINCE STREET, FERGUSON DRIVE AND VISTA LANE 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 Apex Paving Company for paving a portion of Quince Street, Ferguson Drive and Vista Lane. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS c��-� � DAY OF _��t�!�t�' , 19 � �? :� ,�~'_' �_/ - ' ,? _a_ _ � d� � _ / Y ./. ,�/ Francis E. Rfiodes, Mayor ATTEST: t , � 1 ,����.�a1�1� �i� ��+)(�2r?�(_�2. Gayl�e' L. Conrad, Deputy City Clerk -fi — _ �' -F- (� s,.� °i � r i 8 � �u 7� � ^ . ' 'c - � 1 .� � 7� i =_ � �� o ' �G � e ^ C � , � O ' _ � � � .. n � (� � �� � ? 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(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 improvement with three (3) inches of asphalt pavement of Quince Street from Edgewood Road east to its termination, a distance of 480 feet and a width of 22 feet; Ferguson Drive from Big Bend Road west to its termination, a distance of 428 feet and a width of 20 feet; and Vista Lane from West Rodney Drive to Hawthorne Drive, a distance of 927.5 feet and a width of 18 feet, all in the City of Cape Girardeau, Missouri. It shall also include installing and/or replacing driveway pipes and grading drainage ditches as more specifically noted on the drawings. 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 one-hundred 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 one-hundred fifteen 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 1 ' � 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 ($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 sha11 pay OWNER one-hundred fifty ($150.00) 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 paragraphs 4. 1 and 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 BID FOR ALL UNIT PRICES $ Thirty Thousand Six Hundred Sixty-Four and 27/100---------------- (530, 664.27) 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 ENGI�IEER as provided in the General Conditions. 5. 1 Progress payments; Retainage. OWNER sha11 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, proyress payments will be made in an 2 , 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: 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. 3 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 tot he 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. 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 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 1 to 6, inclusive) . 8.2 Exhibits to this Agreement (pages _ to _, inclusive) . 8.3 Performance, Payment, and other Bonds, identified as exhibits and 4 consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages to , inclusive) . 8.6 Supplementary Conditions (pages to , 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 through , inclusive with each sheet bearing the following general title: Drawings not attached hereto. 8.9 Addenda numbers 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. 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 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, agreements and 5 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 �-� �,-�'�: _���� , 19� (which is the Effective Date of the Agreement) . OWNER ��� � � t I � Ci �'--1)�. C`_%I ( c:.�(C �t'CL�„ CONTRACTOR APEX PAVING C0. By: ip��� gy: � ��ry �.4,L�a;�c=-r� President [CORPORATE SEALJ (CORPORATE SEALj Attest �7.�; 'z �� 1 Attest ' ' �� - _��r Address for giving notices Address for giving notices � � 114 Silver Springs rd. J ' ��!+I �nC�,C„(J��-� �2C.r' P. 0. Box 880 = (i l ��rJ� `�i tC,t,:{d.�< c,c� ti�L1 � lr ��C�l Cape Girardeau, Mo. 63702-088G (If OWNER is a public body, attach License No. N/A evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement. Tom Morris, Engineers & Estimator (If CONTRACTOR is corporation, attach evidence of authority to sign. ) 6 State of Missouri vs County of Cape Girardeau On this Seventh day of_ July , 1993� before me appeared Joe Regenhardt , to me personally known, who being by me duly sworn, did say that he/she is the President of Apex Paving Co. (Contractor) and that the seal affixed to the foregoing agreement and contract bond is the corporate seal of said corporation, and that the foregoing proposal, contract agree- ment, and contract bond were signed and sealed in behalf of said corporation by authority of its board of directors, and said Joe Regenhardt acknowledges said instruments to be the free act and deed of said corporation. Witness my hand and seal at Cape Girardeau, Mo. the day and year first above written. (Seal) // l.!�� � � h ' '/'V' -� �`"''i��'''''`r_" Not y Public �0�3P�!�ilui�^r Sia}��L'i�a?j iaC;°J� Cour�ty��Ca�e;;:;.,rde2�; My commission expires �Y�a��mis�s�;n�;:�ro�.ilj��,2i.���_,19_ v`�:� '�`'.,_,P'''`3�R �;'`;o�:���•,._�`�,`''<;�,. .:�sr' ', $' t'� �\f1 i P�l�� n � Y'iQLa�S,r`,YS ,,,e � �' . �r7'��� � f: �f= a1��`r, CHANGE ORDER #1 PROJECT TITLE OUINCE STREET, FERGUSON DRIVE AND VISTA LANE CONTRACT DATE AUGUST 4, 1993 CONTRACTOR APEX PAVING COMPANY The following changes are hereby made to the Contract Documents : Installation of an additional 15 ' of 15" CMP in the ditch on the west side of Vista Lane at its intersection with Hawthorne Street . JIISTIFIC,ATION To reduce storm water velocity, reduce erosion of ditch and help keep the west bank stable. CHANGE TO CONTRACT PRICE Original Contract Price : $ 30, 664 . 27 Current Contract Price, as adjusted by previous Change Orders : $ 30, 664 .27 1 H GY�,�,�c.s � 1�,IK Current Contract Price due to this Change Order will be �c"� by: $ 225 . 00 ', � The new Contract Price due to this Change Order will be : $ 30, 889 .27 CHANGE TO CONTRACT TIME The Contract Time will not be affected by 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 . - i �\� , ,, Recommended by -- � _>� Date �t - City Engineer � Approved by _ L-�� �/., l� .��L Lj Date /,� � % ' ��%;-�'��- Ci�Manager Accepted by h��G�� L��vi� E�/�� Date L��3 �1-7 /9/�� /7Rvl/1/c, C c.