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HomeMy WebLinkAboutRes.3635.12-02-2024 BILL NO. 24-132 RESOLUTION NO. J 635 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FRONABARGER CONCRETERS, INC . , FOR THE SOUTH SPRIGG STREET IMPROVEMENTS - SOUTHERN EXPRESSWAY TO SHAWNEE PARKWAY 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 Fronabarger Concreters, Inc. , for South Sprigg Street Improvements - Southern Expressway to Shawnee Parkway (MO 74) , in the City of Cape Girardeau, Missouri . 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 steps as they deem necessary and advisable to carry out and perform the purpose of this Resolution. PASSED AND ADOPTED THIS nd DAY OF 'Dem b&-, 2024 . 1� '--. Q Stacy Kinde ayor ATTEST : Traci Weissmueller, Deputy City Clerk 4�C`IR , 9 THE W;1 .4 �.SEAL Docusign Envelope ID:6A9E6330-5D28-4284-8BD2-56D497AC73AB 7--7 NOTICE OF AWARD x£i Sprigg Street Improvements From Shawnee Parkway/Route 74 to Southern Expressway City Project#6252 December 6,2024 Mr. David McMullin Fronabarger Concreters, Inc. 3290 State Highway E Oak Ridge,MO 63769 Dear Mr. McMullin: You are hereby notified that your bid dated November 19, 2024 for the above contract has been considered.You are the apparent successful bidder,and have been awarded this project at the December 2,2024 meeting by the City Council of the City of Cape Girardeau. This project consists of: The improvements project consists of concrete street patching, removal and replacement of curb and gutter, milling of existing asphalt and new asphalt overlay, removal and replacement of sidewalks and driveway entrances within project right-of-way,installation of new water mains,point repairs of existing sewer mains and attached sewer wyes,replacement of entire and partial manholes,new curb inlets and stormwater pipe, adjustments of manholes, valves, and storm inlet lids to finished grade and any other related construction items as stated in the contract documents and drawings prepared by the City. The price of your contract is:one million five hundred fourteen thousand eight hundred forty-five dollars and zero cents-----($1,514,845.00) Within fifteen(15)days of the date of this Notice of Award,please: 1. Digitally sign the contract,which will be sent to you through DocuSign.Retain a copy of this contract for your records. 2. Deliver your Contract Security(Bond)to our office, including your corporate seal. Do not fill in the date fields on the Bond. 3. Deliver your insurance certificate to our office. Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default and to annul this Notice of Award. Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default and to annul this Notice of Award. Sincerely, CSigned by: A L C_Ia A4 061 C606DFD6045F... Jake Garrard, P.E. City Engineer Docusign Envelope ID:6A9E6330-5D28-4284-8BD2-56D497AC73AB CITYOfCAPE C I R A R ® E A U AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between The City of Cape Girardeau ("Owner")and Fronabarger Concreters, Inc. ("Contractor"). Owner and Contractor hereby agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work is generally described as follows: The improvements project consists of concrete street patching, removal and replacement of curb and gutter, milling of existing asphalt and new asphalt overlay, removal and replacement of sidewalks and driveway entrances within project right-of-way, installation of new water mains, point repairs of existing sewer mains and attached sewer wyes, replacement of entire and partial manholes,new curb inlets and storm water pipe, adjustments of manholes, valves, and storm inlet lids to finished grade and any other related construction items as stated in the contract documents and drawings prepared by the City. ARTICLE 2—THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows:Sprigg Street Improvements—Southern Expressway to Shawnee Parkway(MO 74) 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. 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 Docusign Envelope ID:6A9E6330-5D28-4284-8BD2-56D497AC73AB Contract Times:Days B. The Work will be substantially completed within 300 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 330 calendar days after the date when the Contract Times commence to run. C. Once a street is disturbed by construction activities, it shall not be left for more than seven (7) consecutive days without progress towards completion being done. 4.02 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. Substantial Completion: Contractor shall pay Owner $ 1225 for each day that expires after the time (as duly adjusted pursuant to the Contract)specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract)for completion and readiness for final payment, Contractor shall pay Owner$ 1500 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 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 . 16th 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 E1CDC®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 Docusign Envelope ID:6A9E6330-5D28-4284-8BD2-56D497AC73AB 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 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. 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 Docusign Envelope ID:6A9E6330-5D28-4284-8BD2-56D497AC73AB 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. 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 7, inclusive). 2. General Conditions and Supplementary Conditions (pages 1 to 70, inclusive). 3. Specifications as listed in the table of contents of the Project Manual. 4. Drawings(not attached but incorporated by reference)consisting of 22 sheets with each sheet bearing the following general title:Sprigg Street Improvements Project,Southern Expressway to Shawnee Parkway(MO 74). 5. Addenda (numbers 1-17 to 1 ', inclusive). 6. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid Marked Exhibit A). 7. 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. 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 Docusign Envelope ID:6A9E6330-5D28-4284-8BD2-56D497AC73AB 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. 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 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 Docusign Envelope ID:6A9E6330-5D28-4284-8BD2-56D497AC73AB 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. 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:6A9E6330-5D28-4284-8BD2-56D497AC73AB IN WITNESS WHEREOF,Owner and Contractor have signed this Agreement. This Agreement will be effective on 12/16/2024 g (which is the Effective Date of the Contract). OWNER: City of Cape Girardeau CONTRACTOR: Fronabarger Concreters, Inc. FD—Signed by: igned by: FS awd NLCM uI(iti V';.EP6CL826f5US1... 8Q'89FODL9F Ca75... By: Dr. Kenneth Haskin By: David McMullin Title: City Manager Title: President (If Contractor is a corporation,a partnership,or a joint venture, attach evidence of authority to sign.) LSIgned,by: Signetlby: Attest: t iSSw,Iu It rr Attest:s eesaaeo._ cmgsaosaTsea Traci weissmueller � Kelly Tucker Title: Deputy city Clerk Title: Secretary Address for giving notices: Address for giving notices: Community Development,City Hall Fronabarger Concreters, Inc. 44 N. Lorimier St. 3290 State Highway E Cape Girardeau, MO 63701 Oak Ridge, MO 63769 License No.: (where applicable) 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 7 of 7 0 d®cusign_ Certificate Of Completion Envelope Id:6A9E6330-5D28-4284-8BD2-56D497AC73AB Status:Completed Subject:Complete with Docusign:NOA Letter-Fronabarger 6252.docx,Agreement with Fronabarger.docx Source Envelope: Document Pages:8 Signatures:5 Envelope Originator: Certificate Pages:5 Initials:0 Karen James AutoNav:Enabled 401 Independence Street Envelopeld Stamping:Enabled Cape Girardeau,MO 63703 Time Zone:(UTC-08:00)Pacific Time(US&Canada) kjames@cityofcape.org IP Address:35.134.156.158 Record Tracking _ Status:Original Holder:Karen James Location:DocuSign 12/13/2024 10:10:50 AM kjames@cityofcape.org Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:City of Cape Girardeau Location:DocuSign Signer Events Signature Timestamp Jake Garrard E11gnedby; Sent:12/13/2024 10:29:29 AM mgarrard@cityofcapegirardeau.org I Jskt, CaAwa4 Viewed:12/13/2024 2:34:42 PM Security Level:Email,Account Authentication 06IC606DFD6045F... Signed:12/13/2024 2:35:30 PM (None) Signature Adoption:Pre-selected Style Using IP Address:35.134.156.158 Electronic Record and Signature Disclosure: Accepted:12/13/2024 2:34:42 PM ID:f29c7083-bfd5-41 a8-b222-f5b17b57d2f5 David McMullin E*11,n1db y: Sent:12/13/2024 2:35:31 PM david@fronabarger.com m'J ktkz' Viewed: 12/13/2024 3:06:55 PM President 8Dc69F02A9Fc476... Signed:12/13/2024 3:07:21 PM Fronabarger Concreters,Inc. Security Level:Email,Account Authentication Signature Adoption:Pre-selected Style (None) Using IP Address:12.94.227.122 Electronic Record and Signature Disclosure: Accepted:12/13/2024 3:06:55 PM ID:554a8b31-4bd8-42cc-b236-aef9e94e7eae Kelly Tucker ES Sent:12/13/2024 3:07:23 PM kelly@fronabarger.com fiU4jct r Viewed:12/16/2024 6:07:16 AM Secretary 10968 8315984Ee... Signed:12/16/2024 6:07:28 AM Security Level:Email,Account Authentication (None) Signature Adoption:Pre-selected Style Using IP Address:12.94.227.122 Electronic Record and Signature Disclosure: Accepted:12/16/2024 6:07:16 AM ID:d8ca56a4-77a4-4107-9027-c6322a4588f3 Dr.Kenneth Haskin ED-uSigned by: Sent:12/16/2024 6:07:30 AM khaskin@cityofcapegirardeau.org Y'. 6AUU& (ASULI Viewed:12/16/2024 9:28:18 AM City Manager OCE66cc82OF54AD... Signed:12/16/2024 9:28:27 AM Security Level:Email,Account Authentication (None) Signature Adoption:Pre-selected Style Using IP Address:97.88.184.146 Signed using mobile Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted:12/16/2024 9:28:18 AM ID:4b6a8bec-57ec-4b35-b8c3-bd5de5223afd Traci Weissmueller EOCBMUC684484 1gnedbyi Sent:12/16/2024 9:28:30 AM tweissmueller@cityofcape.org r _ OjU_ssKiwi t r Viewed:12/17/2024 8:43:35 AM Deputy City Clerk ... Signed:12/17/2024 8:49:17 AM Security Level:Email,Account Authentication (None) Signature Adoption:Pre-selected Style Using IP Address:35.134.156.158 Electronic Record and Signature Disclosure: Accepted:12/17/2024 8:43:35 AM ID:7ab72dO9-3240-4ee4-99c6-c4f41 aO2Oa5b In Person Signer Events Signature - Timestamp Editor Delivery Events � Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events - Status -Timestamp Y_ .__ Carbon Copy Events -_ T�Status _ T Timestamp Amanda McKinneyCOPIED �PI ® Sent:12/17/2024 8:49:19 AM amckinney@CityofCapeGirardeau.org Y Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:5/23/2022 11:43:21 AM ID:e3303ea7-72b1-4cbc-8c5b-Of25cf9005fa Witness Events Signature Timestamp Notary Events Signature� Timestamp Envelope Summary Events Status _ Timestamps Envelope Sent Hashed/Encrypted ` 12/13/2024 10:29:29 AM _ . Certified Delivered Security Checked 12/17/2024 8:43:35 AM Signing Complete Security Checked 12/17/2024 8:49:17 AM Completed Security Checked 12/17/2024 8:49:19 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure �. Electronic Record and Signature Disclosure created on:12/14/2020 12:20:10 PM Parties agreed to:Jake Garrard,David McMullin,Kelly Tucker,Dr.Kenneth Haskin,Traci Weissmueller,Amanda McKinney ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Cape Girardeau (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. 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