Loading...
HomeMy WebLinkAboutRes.3609.06-03-2024 BILL NO. 24-58 RESOLUTION NO. 36 D A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT COMPANY, INC. , FOR 2024-2025 CIST STREET REPAIR, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 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 execute an Agreement with Nip Kelley Equipment Company, Inc. , for 2024-2025 LIST Street Repair. The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes or amendments as shall be approved by the officers of the City executing the same. The officers, agents and employees of the City are hereby authorized to execute all documents and take such actions as they deem necessary and advisable in order to carry out and perform the purpose of this Resolution. PASSED AND ADOPTED THIS DAY OF IJV h'e., , 2024 . \-14) Stacy Kin e , Mayor ATTEST: e4e,,,,,Jecoil ruce TaylcYig Deputy City Clerk t P -* tti etTit t%ii q...t. tut 1 SCI qEA1i. ' CITYOf CAPE GIRARDEAU AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between The City of Cape Girardeau ("Owner")and Nip Kelley Equipment Company, Inc. ("Contractor"). Owner and Contractor hereby agree as follows: ARTICLE 1—WORK 1.01 The Locations for the work to be performed under these Contract Documents are on the 100 block of S. Farrar Drive, 2810 to 2846 Whitener Street, Whitener Street and N. Silver Springs Road intersection, 1823 to 2365 Rust Avenue,741 Forest Avenue, 2311 to 2331 Bloomfield Road,2050 to 2061 Corporate Circle, and 1439 to 1491 S. Minnesota Avenue. The improvements consist of removing and replacing concrete streets as shown in the project plans, removal and replacement of portions of street, curb, and gutter, adjustments to existing manholes, inlets, and utility castings, all as described in the contract documents.The streets are located in various areas within the City of Cape Girardeau, Missouri. ARTICLE 2—THE PROJECT 2.01 The Project,of which the Work under the Contract Documents is a part, is generally described as follows:2024—2025 CYST Street Repair. ARTICLE 3—ENGINEER 3.01 The Project has been designed in-house. 3.02 The City Engineer or the City Engineer's 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 the completion of the Work in accordance with the Contract Documents. ARTICLE 4—CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any,Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 of 7 A. Regardless of when the work is begun on this contract,all work shall be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before June 30,2025 . 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Contractor shall pay Owner $ 1000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above until the Work is completed and ready for final payment. ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow,subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid,attached hereto as an exhibit. ARTICLE 6—PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments;Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 10th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract.All such payments will be measured by the Schedule of Values established as provided in 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 elsewhere in the Contract. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 -percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer,there will be no additional retainage; and EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion,_Owner shall pay an amount sufficient to increase total payments to Contractor to 98 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7—INTEREST 7.01 All amounts not paid when due shall bear interest at the maximum rate allowed by Missouri's Public Prompt Payment Act. ARTICLE 8—CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas,and become familiar with and is satisfied as to the general,local,and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress,and performance of the Work. D. If applicable, Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site;the Contract Documents;and if applicable,the Site-related reports and drawings identified in the Contract Documents,with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2)the means, methods,techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 3 of 7 G. 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. H. 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. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages 1 to 4 7 i, inclusive). 2. Performance bond (pages_to I inclusive). 3. Payment bond (pages_Ito ET, inclusive). 4. General Conditions and Supplementary Conditions(pages to 66 i, inclusive). 5. Specifications as listed in the table of contents of the Project Manual. 6. Maps consisting of : 8 ' sheets with each sheet bearing the following general title: 2024-2025 CIST Street Repair I. 7. Addenda (numbers` Ito I inclusive). 8. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid (pages=to'_', inclusive). 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Affidavit of Compliance with Prevailing Wage f. Contractor's Warranty g. Contractor's Affidavit Regarding Settlement of Claims B. The. documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 4 of 7 ARTICLE 10—MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound;and,specifically but without limitation, money that may become due and money that is 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. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants,agreements,and obligations contained in the Contract Documents. 10.04 Severability A. 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. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. Bidder must submit a completed Certification Regarding Debarment, Suspension and other Responsibility Matters as attachment to the Bid. For the purposes of this Paragraph 10.05: 1. "corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b)to establish Bid or Contract prices at artificial non-competitive levels,or(c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels;and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®,and if Owner is the party that has furnished said General Conditions,then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor,through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 6 of 7 DocuSign Envelope ID:D8C9D78F-C224-47D2-8DC0-626EDEEB9367 IN WITNESS WHEREOF,Owner and Contractor have signed this Agreement. Agreement will be effective on 6/11/2024 This (which is the Effective Date of the Contract). OWNER:City of Cape Girardeau • CONTRACTOR: NIP KELLEY EQUIPMENT CO•INC —DocuSigned by: e—DocuSigned by: �r. tin int (kaSkiin, Vitut, '-DCE66CC826,54AD... —EE5618973DDF491... By: Dr. Kenneth Haskin By: Vince Kelley Title: City Manager Title: Presi dent (If Contractor is a corporation,a partnership,or a Joint • venture,attach evidence of authority to sign.) • DacuS(gned by: •pDocuSigned by: Attest: tingt. fi011L6r Attest: Larry Hale Cnegpagncwe�e bebJAUUDI"41/... • • Title: Deputy City Clerk Bruce Taylor Title: Admin Assi tant Address for giving notices: Address for giving notices: Community Development Department, City Hall Nip Kelley Equipment Co., Inc. 44 N. Lorimier Street 41 N. Sprigg Street Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 License No.: (where applicable) • EJCDC0 C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price). Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 7 of 7