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Home My WebLink AboutRES.253.05-18-1987 . : BILL N0. 87-82 RESOLUTION N0. � � A RESOLUTION AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO ENTER INTO A CONTRACT WITH PENZEL CONSTRUCTION COMPANY, INC. FOR IMPROVEMENTS AT THE CAPE GIRARDEAU MUNICIPAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : SECTION 1 . The City Manager on behalf of the City of Cape Girardeau , Missouri , is hereby authorized to enter into a Contract with Penzel Construction Company, Inc. for improvements at the Cape Girardeau P�unicipal Airport . A copy of said contract is attached to this resolution and made a part hereof. PASSED AND ADOPTED THIS � DAY OF , 1987 . _, _�� , ,. .�/, '�=..�- � i .i' 4��_�1,� i'f:=�•L_ ��l � .i.�"�,�_ ��'ranc s E Rho es , '�I�ayor ATTEST : L��-.+, � Alvin M. Stoverink , City Cl�r � CONTRACT � STATE OF ) C ITY OF � � � THIS AGREEMENT, made and entered into this day of , 19 by and between the , Party of the First Part , hereinafter called the 0 an Party o e econ ar , ere�na er ca e e � ON A . WITNESSETH THAT: � WHEREAS, the OWNER has called for bids for the construction of Airport Improvements as set out in the Specifications and Plans No. and � WHEREAS , the CONTRACTOR is the lowest and best bidder for the construction of said improvements hereinafter set out, pursuant to the published calls for bids under said Plans and Specifications. fNOW THEREFORE, the CONTRACTOR agrees with the Owner to commence and complete the construction � including site grading, dra�nage, earth embankment, pavement, landscaping, and other tasks as designated in the project Plans and Specifications for the prices bid in the Proposal , based upon the estimated quantities , the total � being � such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all matterials, supplies , labor, machinery, equipment, tools, supervision, bonds, insurance, taxes , permits , and other accessories and services necessary to complete the said construction � in accordance with the conditions and prices stated in the Proposal attached hereto and made a part hereof, and in accordance with the General Provisions and Specifications, and in accordance with the Plans, which include all maps , � plats, blueprints, and other drawings, and written or printed explanatory matter hereof. � The CONTRACTOR agrees to fully complete all work under this Contract by . The OWNER agrees to pay the CONTRACTUR in current un s or e per ormance of the Contract in accordance with the accepted Proposal therefore, subject to additions and deductions , as provided in the 1 Specifications, and to make payment on account thereof as provided below: As soon as is practicable after the first of each calendar month , the � OWNER will make partial payments to the CONTRACTOR for work perf ormed during the preceding calendar month, based upon the Engineer ' s estimate of work completed, said estimate being certified by the CONTRACTOR and accepted by the � OWNER. Except as otherwise provided by law, ten percent (10%) of each � � �_� � � • a roved estimate shall be retained by the OWNER or his representative. U on PP P final completion and acceptance by the OWNER and ENGINEER, the ENGINEER shall � then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. � Time is hereby expressly declared to be of the essence of this contract , and the time of beginning, manner of progress and time of completion of the work hereunder, shall be and are essential conditions hereof. � The CONTRACTOR agrees to commence the work within ten (10) calendar days from the date of the issuance of the Notice to Proceed, and to proceed with the construction of the work and to prosecute the work with an adequate f orce � and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails to complete the contract within the time stipulated herein, the CONTRACTOR agrees to pay the OWNER, as liquidated damages, the sum � of Two Hundred Fifty Dollars ($250.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in � fixing and ascertaining the actual damages the OWNER would in such event sustain, said amounts are to be presumed by the parties to this .contract to be the amounts of damage the OWNER would sustain. Said amounts of liquidated � damages shall be deductible from any amount due the CONTRACTOR under Final Estimate of said work, after the completion thereof, and CONTRACTOR shall be entitled only to the Final Estimate, less such amounts of liquidated damages. � If the CONTRACTOR is delayed at any time in the progress of the work by any act or neglect of the OWNER or of his employees , or by any other CONTRACTOR employed by the OWNER, or by changes ordered in the work, or by � strikes, lockouts, fire, unusual delay in transportation , unavoidable casualties or any causes beyond the CONTRACTUR' s control , or by delay authorized by the Engineer pending arbitration, or by any cause which the � Engineer shall decide to justify the delay, then the time of completion may be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more th an seven (7) � days before a claim therefore is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is necessary. � In the event the CONTRACTOR abandons the work hereunder or fails , neglects or refuses to continue the work after ten (10) days written notice, given the CONTRACTOR by the OWNER or by the ENGINEER, then the OWNER shall ' have the option of declaring this contract at an end, in which event, the OWNER shall not be liable to the CONTRACTOR for any work theretofore performed hereunder; or requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of the CONTRACTOR, and in that event, ' should the surety fail , neglect or refuse to carry out said contract , said OWNER may complete the contract at i ts own expense, and mai ntai n an act i on against the CONTRACTOR and the surety hereto for the actual cost of same; � together with any damages or other expense sustained or incurred by the OWNER in completing this contract less the total amount provided for hereunder to be paid the CONTRACTOR, upon the completion of this Contract. ' � C-2 � � This Contract shall be bindin upon the heirs , representatives , 9 successors, or assigns of the parties hereto, including the surety. ' It is hereby further agreed that any reference herein to the "Contract" shall include all "Contract Documents" as the same are listed and described in ' Paragraph three of the Special Provisions issued in connection with the City of Cape Girardeau Municipal Airport, FAA Project Nos. 3-29-0013-02 and said "Contract Documents" are hereby made a part of this agreement as fully as if ' set out at length herein, and that this contract is limited to the items in the proposal as signed by the "Contractor" and included in the "Contract Documents." � IN WITNESS WHEREOF, the Party of the First Part and the Party of the Second Part, respectively, have caused this agreement to be duly executed in day and year first herein written in copies, all of which � to all intents and purposes shall be cons�dered as the original . � CONTRACTOR, PARTY OF THE OWNERS, PARTY OF .THE SECOND PART FIRST PART ' City of � BY: BY: � �ce or position o signer ice or position o signer � (SEAL) � ATTEST: ity er � � � � � C-3 � �