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HomeMy WebLinkAbout1991-67 - Contract with Beemer Construction CompanyBILL N0. ~~-b ~ ORDINANCE N0. 9~=6 AN ORDINANCE AU'IHORI7ING THE MAYOR, ON BEHALF OF THE CITY, TO ENTER INTO A CONTRACT WITH BEEMER CONSTRUCTION COMPANY, INC. FOR THE CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS WITHIN THE CITY. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. The Mayor is hereby authorized to enter into a contract, on behalf of the City of Riverside, Missouri, with Beemer Construction Company, Inc. for the construction of sewer lines, package sewage pump station, force mains, gravity sewage pump stations and appurtenances. Section 2. A copy of the contract is attached hereto and incorporated herein by reference. ~~ PASSED THIS ~ DAY OF ~L~4%6~f-e/C/ r 1991. MAYOR ATTEST: ~.Q~i CITY CLERK APPROVED THIS ~~~ DAY OF ~C%~ , 1991. MAYOR Revised 10/11/91 SECTION I AND II SANITARY SEWER IMPROVEMENTS CITY OF RIVERSIDE, MISSOURI AGREEMENT THIS AGREEMENT, made and entered into this a~ ~f day of !i~~~'''' Ig Q/ , by and between CITY OF RIVERSIDE, MISSOURI- , Party of the First Part and hereinafter called the Owner, and BEEMER CONSTRUCTION CO, INC. a Corporation of 81ue Springs, Mo. Party of the Second Part and hereinafter called the Contractor. WITNESSETH: THAT WHEREAS, the Owner has caused to be prepared, in accordance with law, specifications; plans, and other contract documents for the work herein described and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement for and in connection with the construction of the improvements, complete, in accordance with the contract documents and the said plans and specifications; and WHEREAS, the Contractor, in response to such advertisement, has submitted to the Owner, in the manner and at the time specified, a sealed bid in accordance with the terms of said advertisement; WHEREAS, the Owner, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted in response to the published adver- tisement therefor, and as a result of such canvass has determined and declared the aforesaid Contractor tn. be the lowest responsive and responsible Bidder for the said work and has duly awarded to the said Contractor a contract therefor, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract. NOW, THEREFORE, in consideration of the compensation to be paid to the Con- tractor and of the mutual agreements herein contained, the Parties to these presents have agreed and hereby agree, the Owner for itself and its successors, and the Contractor for its, his, or their executors and administrators, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, supplies, superintendence, transportation, and other construction accessories, services and facilities; (b) furnish all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the A-1 8908007 completed work except the items specified to be'furnished by the Owner; (c) provide and perform all necessary labor; and (d) in a good, substantial, and workmanlike manner and in accordance with the provisions of the General Con- ditions and Supplementary Conditions of this contract which are attached hereto and make a part hereof, and in conformance with the contract plans and specifi- cations designated and identified therein, execute, construct, and complete all work included in and covered by the Owner's official award of this contract to the said Contractor, such award being based on the acceptance by the Owner of the Contractor's bid for the construction of the improvements. It is further stipulated that not less than the prevailing rate of wages as found by the Department of Labor and Industrial Relations of the State of Missouri or determined by the courts of appeal shall be paid to all workmen performing work under this Contract. ARTICLE I1. That the Contractor shall construct, complete as vesigrr teu ;end , described in the foregoing Bid form and attached specifications and in accor- dance with the Advertisement for Bids, Instructions to Bidders, Bid Form, Bonds, General Conditions, Supplementary Conditions, detailed specifications, plans, addenda, and other component parts of the contract documents hereto attached, all of which documents form the contract and are fully a part hereto as if repeated verbatim here. ARTICLE III. That the Owner shall pay to the Contractor for the performance of the work described as follows: Section Ii4 II - Sewer Lines. Packa_gP tawagP Pump Station Forcemains. Gravity and the Contractor will accept as full compensation thereof, the sum subject to adjustment as provided by the contract) of Two Million Five Hundred Thirty-one thousand three hundred seventy three Dollars (S 2,531,373.00 ) for a work covered by and included in the contract award and designated in the foregoing Article I. Payment therefor shall be made in the manner provided in the General Conditions and Supplementary Conditions attached hereto. ARTICLE IV. That the Contractor shall begin assembly of materials and equip- ment within ten (10) days after receipt from the Owner of executed copies of the contract and that the Contractor shall complete said Section I work within 300 consecutive calendar days from the thirtieth day after the Effective Date of the Agreement, or if a Notice to Proceed is given, from the date indicated in the Notice to Proceed. -Owner and Contractor recognize time is of the essence of this agreement and that Owner will suffer financial loss if the work is not completed within the time specified above, plus any extensions thereof allowed in allowance with ~J Article 12 of the General Conditions. Owner and Contractor agree that as ~=!! liquidated damages for delay, but not as a penalty, Contractor shall pay Owner Five Hundred and 00/100 dollars (S 500.00) for each and every calendar day of each section that expires following the time specified above for completion of the work. L~ A-2 8908007 ARTICLE V. This Agreement will not be binding and effective unt11 signed by the Owner. IN YITNESS UM EREDF, the Parties hereto have executed this contract as of the day and year first above xritten. SIGNATURE: ATTEST: Cit of Riverside. Missouri ,G, Owner, Party o the First Part C er Name an it a (S~) LICENSE or CERTIFICATE NUMBER, if applicable SIGNATURE OF CONTRACTOR: IF AN INDIVIDUAL OR PARTNERSHIP BY Contractor, Party o the Second Part Name an it e) IF A CORPORATION ATTEST: _ Beemer Construction Co., Inc. ~-.J ~ tP~ Contractor, ar y o~~ th Second Part j/ Secretary 8y ~~~~~~~~ ~ (CORPORATE SEP.L) (Name and Tit e) STATE OF Nlissouz i ) COUNTY OF~~c~son/ ) On This 21sT day of ~GTDB~2 19 9/ before me appeared ~ L C®.2 to me personally known, who;, being y me du y sworn, i say that a is the L'E Esip ~v of 8~~L2 ~'Q,vsr~eycrio^/ ['a . rN ~ an that the sea a ixea to said instrument is the corporate sea o sal corporation by authority of its board of directors, and said Ti4ME ~ ~ B~LM~/2~_ acknowledged said instrument to be the free act and deed o said corporation. My commission Expires FAR i99z 8908007 (SEAL) ~~~~ Notary Pub is ithin ar Far Said County and State Cass ~~ /~iSSOw(L! A-3