HomeMy WebLinkAboutRES.189.04-02-1986 '�"` BILL N0. 86-45 RESOLUTION N0. Q �
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH EMERY SAPP &
SONS, INC. FOR CONSTRUCTION OF THE CAPE �
LACROIX CREEK INTERCEPTOR SEWER PROJECT
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 an
agreement with Emery Sapp & Sons , Inc. for the construction of
the Cape LaCroix Creek Interceptor Sewer Project. A copy of
this agreement is attached to this resolution and made a part
hereof.
PASSED AND ADOPTED THIS Gz� DAY OF , 1986 .
/�� - ��"�--a--�.
�_ _
Howard C. Tooke, Mayor
� ATTEST:
. �
lvin M. Stoverink , City C erk
�
� AGREEMENT
THIS AGREEMENT, made the day of , 19 ,
by and between the City of Cape Girardeau, Missouri , referred •
to in these Contract Documents as "Owner, and Emery Sapp &
Sons , Inc. , referred to in these Contract Documents as
"Contractor" :
WITNESSETH:
THAT WHEREAS: in accordance with law, Owner has caused
Contract Documents to be prepared and an Invitation to Bid to
be published, for and in connection with the Cape LaCroix Creek
Interceptor Sewer Project; and
WHEREAS, Contractor , in response to the Invitation To Bid, has
submitted to Owner , in the manner and at the time specified, a
sealed Bid in accordance with Instructions To Bidders; and
WHEREAS, Owner , in the manner prescribed by law, has publicly
opened, examined, and canvassed the Bids submitted, and has
determined Contractor to be the lowest and best Bidder for the
Work and duly awarded to Contractor a contract therefor , for
the sum or sums named in Contractor ' s Bid.
'� NOW, THEREFORE, in consideration of the compensation to be paid
to Contractor and of the mutual agreements herein contained,
the parties to these presents have agreed and hereby agree,
Owner for itself and its successors, and Contractor for itself,
and its , successors and assigns, as follows :
ARTICLE I . Contractor shall perform all Work , including the
assumption of all obligations , duties and responsibilities
necessary to the successful completion of the contract and the
furnishing of all materials and equipment required to be
incorporated in and form a permanent part of the Work; tools,
equipment, supplies , transportation, facilities , labor ,
superintendence and services required to perform the Work ; the
Bonds , insurance and submittals; all as indicated or specified
in the Contract Documents to be performed or furnished by
Contractor for the Work included in and covered by Owner ' s
Official award of this Contract to Contractor , such award being
based on the acceptance by Owner of Contractor ' s Bid.
ARTICLE II . That Owner shall pay to Contractor for performance
of the Work embraced in this contract, and Contractor shall
accept as full compensation therefor , the sum ( subject to
�
adjustment as provided in the Contract Documents ) of One
'�' Million Seven Hundred Forty-Seven Thousand Twenty-Seven Dollars
and Twenty Cents ( $1 , 747 ,027 . 20 ) for all Work covered by and
included in the contract award and designated in the foregoing
Article I ; payment thereof to be made in current funds in the
manner provided in the Contract Documents . -
ARTICLE III . That Contractor shall complete all Work within
240 days, after the commencement of Contract Time (as defined
in General Conditions ) .
ARTICLE IV. That the contract Documents which comprise the
contract between Owner and Contractor , attached hereto and made
a part hereof , consist of the Specifications and Documents for
the Cape Girardeau, Missouri Sewerage Improvements , Cape
LaCroix Creek Interceptor prepared by Black and Veatch and
bearing the seal of Paul E. Schafer contained in one bound
volume and identified as Project No. 11998 , 1985 , and the
documents identified below.
Addenda numbers 1 , 2 and 3 .
Notice of Award.
Notice to Proceed.
�., Any Modifications ( as defined in General Conditions ) duly
delivered after execution of this Agreement .
Drawings consisting of a cover sheet and 8 sheets, with each
sheet bearing the following general title: Cape Girardeau,
Missouri Sewerage Improvements
Any Notice of Partial Utilization.
Notices of Substantial Completion .
Notices of Final Completion and Acceptance.
/'�
-2-
IN WITNESS WHEREOF, the parties hereto have executed this
� Agreement the day and year first above written .
CITY OF CAPE GIRARDEAU, MISSOURI
Gary A. Eide, City Manager
ATTEST
Alvin M. Stoverink , City C erk
EMERY SAPP & SONS, INC.
Billy G . Sapp, President
ATTEST:
Typed Name & Tit e of Signer
�
�
-3-