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Res.836.07-21-1993
BILL NO. 93-141 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SIDES CONSTRUCTION COMPANY, INC. FOR CEILING REPLACEMENT AT THE A. C. BRASE ARENA 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 Sides Construction Company, Inc. for replacement of the ceiling at the A. C. Brase Arena Building. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ja_ DAY OF , 19J� . rancis E. Rhodes, Mayor ATTEST: ph IXn Gayle Conrad, Deputy City Clerk THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the latest Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made thisday of in the year of Ninitteen Hundred and y� BETWEEN the Owner: and the Contractor: SIDES CONSTRUCTION CO., INC. 5137 BIRK LANE JACKSON, MISSOURI 63755 the Project: A.C. BRASE ARENA BUILDING CEILING REPLACEMENT the Architect: ANTON J SEBEK 238 NORTH FOUNTAIN, P.O. BOX 635 CAPE GIRARDEAU, MISSOURI 63702-0635 The Owner and the Contractor agree as set forth below. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • 01974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) New suspended metal grid with acoustical tile panels, existing light fixture adjustments, existing supply and exhaust grill adjustments and selected demolition items. ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced and completed (Here insert any special provisions for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA(E) • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current funds, the Contract Sum of (State here the lump sum amount, unit prices, or both, as desired.) Twenty three thousand, five hundred dollars and no/100 ($23,500.00) ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Conditions of the Contract as follows: On or about the twentieth day of each month Ninety per cent of the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety per cent of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing by the parties, up to ten days prior to the date on which the Application for Payment is submitted, less the aggregate of previous payments in each case; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to one hundred per cent of the Contract Sum, less such retainages as the Architect shall determine for all incomplete Work and unsettled claims. (If not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the work reaches a certain stage of completion.) Any moneys not paid when due to either party under this Contract shall bear interest at the legal rate in force at the place of the Project. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • IANUARY 1974 EDITION • AIA® • ©1974 THE AMERICAN IN5TITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor thirty days after Substantial Completion of the Work unless otherwise stipulated in the Certificate of Substantial Completion, provided the Work has then been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda and accepted Alternates, showing page or sheet numbers in all cases and dates where applicable.) Owner Contractor Agreement Construction Documents (Plans and Specifications) This Agreement executed the day and year first written above. OWNER City of Cape Girardeau r� City Manager CONTRACTOR SIDES CONSTRUCTION CO., INC. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 4