HomeMy WebLinkAboutRES.453.08-07-1989 3 M
BILL N0. 89-159 RESOLUTION N0. �"�-�
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH NIP KELLEY EQUIPMENT
CO. , INC. FOR CONSTRUCTION OF SEWERS AND PAVING
CORPORATE CIRCLE DRIVE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI , AS FOLLOWS :
SECTION 1 . The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri , is hereby authorized to enter into a
Contract with Nip Kelley Equipment Co . , Inc. for construction of
storm and sanitary sewers and paving Corporate Circle Drive. A
copy of said Contract is attached to this Resolution and made a
part hereof .
PASSED AND ADOPTED THIS � DAY OF , 1989 .
��'' ._ �'
F"rancis E. o es, Mayor
ATTEST:
E ely Go eGrand/, City Cler
CONTRACT
THIS AGREEMENT, made this day of , 1989,
by and between the City of Cape— G rardeau, Missouri , a Municipal
Corporation, herein through its City Manager , Hereinafter called
"Owner" , and Nip Kelley Equipment Co. , Inc. , a Missouri
Corporation, of 41 North Sprigg, Cape Girardeau, County of Cape
Girardeau, and State of Missouri , Hereinafter called "Contractor" .
WITHESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and
complete the construction described as follows : The construction
of storm and sanitary sewers and the paving of Corporate Circle
Drive, hereinafter called the project, for the sum of Three
Hundred Forty-Seven Thousand Three Hundred Twenty-Nine Dollars and
Eighty-Four Cents ( $347 , 329 . 84 ) and all extra work in connection
therewith, under the terms as stated in the General and Special
Conditions of the Contract ; and at his ( its or their ) own proper
cost and expense to furnish all the materials, supplies,
machinery, equipment , tools, superinten�ence, labor , insurance,
and other accessories and services necessary to complete the said
project in accordance with the conditions and prices stated in the
Proposal, the General Conditions, Supplemental General Conditions
and Special Conditions of the contract, the plans, which include
all maps, plats, blue prints, and other drawings and printed or
written explanatory matter thereof, the specifications and
contract documents therefor as prepared by Bowen and Lawson herein
entitled the Architect/Engineer, and as enumerated in Paragraph 1
of the Supplemental General Conditions, all of which are made a
part hereof and collectively evidence and constitute the contract .
The Contractor hereby agrees to commence work under this
contract on or before a date to be specified in a written "Notice
to Proceed " of the Owner and to fully complete the project within
two hundred seventy-three ( 273 ) consecutive calendar days
thereafter . The Contractor further agrees to pay, as liquidated
damages, the sum of $100 . 00 for each consecutive calendar day
thereafter as hereinafter provided in Paragraph 19 of the General
Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds for
the performance of the contract , subject to additions and
deductions, as provided in the General Conditions of the Contract,
and to make payments on account thereof as provided in Paragraph
25 , "Payments to Contractor, " of the General Conditions .
IN WITNESS WHEREOF, the parties to these presents have
executed this contract in six ( 6 ) counterparts, each of which
shall be deemed an original , in the year and day first above
mentioned.
CITY OF CAPE GIRARDEAU, MISSOURI
ATTEST : J. Ronald Fischer , City Manager
Evelyn G. LeGrand, City Clerk
NIP KELLEY EQUIPMENT CO. , INC.
ATTEST: [Typed Name & Title of Signer
Type Name & Title of Signer ]