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HomeMy WebLinkAboutRes.1478.07-07-1999BILL NO. 99-157 RESOLUTION NO. h� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHEAST MISSOURI STONE COMPANY FOR DIRT REMOVAL 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 execute an Agreement with Southeast Missouri Stone Company for removal of dirt from the Southeast Missouri Stone Quarry. A copy of said Agreement is attached to this Resolution and made a p t hereof. PASSED AND ADOPTED THIS �v DAY OF 19 ATTEST * LO'ig J. Toijeedy Deputy City Clerk A. Spradling, III, 0y0r Agreement Between Southeast Missouri Stone Company And The City of Cape Girardeau, Missouri For the Removal of Dirt from Southeast Missouri Stone Quarry. For the purposes of this agreement, the term "Company" means Southeast Missouri Stone Company. The term "City" means the municipal government entity of the City of Cape Girardeau, Missouri. 1) Southeast Missouri Stone (Company) agrees to allow the (City) of Cape Girardeau to enter onto it's property located at 1224 South Kingshighway for the purpose of loading and hauling dirt, rock, sand and other clean fill material from it's property and to remove these materials to the fill area of the new City of Cape Girardeau Police Firearms Range located on Third Street in the City of Cape Girardeau, Missouri. The material shall be provided by the Company at no cost to the City other than the City's own expenses to remove, load and haul the material from the Company to the dump site. 2) The Company in no way warrants or guarantees the type, quality or quantity of the fill material. 3) All costs incurred for the removal, loading and hauling of the fill material are the sole responsibility of the City. 4) While on the property of the Company, the City agrees to abide by all safety regulations as specified by the Company and to obtain if deemed necessary by the Federal Mine Safety and Health Administration, a MSHA contractor identification number. S) The City agrees to comply with the provisions of the Workmen's Compensation Law of the state of Missouri, keeping all of it's employees engaged in the performance of said work fully protected under the provisions of said law, and to pay all premiums and assessments incidental thereto, and to furnish the Company a certificate from it's insurance company showing the employees to be so covered. 6) The city agrees to keep in full force automobile liability insurance to cover all of it's trucks hauling material from the company and furnish to the company a certificate from it's insurance company showing such insurance in force. 7) The city agrees to install and maintain on the public right of way while the hauling is in progress, proper warning signs to read "Trucks Entering Roadway" at both approaches at the point where trucks will enter onto the public roadway from the Company property. 8) The city agrees that it is solely responsible for cleaning and maintaining the public roadway free of any and all fill materials including dirt, sand and rock which may fall onto the roadway from the city trucks while in the process of hauling from the Company to the dump site. The City agrees to save and hold the Company harmless from any claims of property damage or personal injury which may arise out of said debris on the roadway. 9) The City agrees that the Company may at any time and at it's sole discretion terminate this agreement without cause or reason. 10) The city agrees that it shall not allow it's trucks to travel to any area of the property except the area specifically identified by the Company as the borrow site for the removal of the fill material. 11) The City agrees that it's trucks shall enter and exit the property only from the gate as designated by the Company and for the purposes of this work, shall enter and exit through no other gate. 12) The City agrees that it shall only use a contractor to load the material, that is familiar with and who agrees to abide by all rules and regulations of the Federal Mine Safety and Health Administration and that the Company at it's own discretion may refuse or reject any contractor that the city proposes to use for this work. Said contractor shall also furnish proof of liability and worker's compensation insurance to the Company as required. 13) The Company may at it's own discretion refuse to allow hauling on any given day due to weather or other business operations which may interfere with the Company's business. 14) The City agrees to hold and save the Company harmless from any liability for said injury or damage to persons or property occurring on or about the premises or in connection with the work being performed and in that connection agrees to carry public liability insurance in amounts no less than $100,000 for any one person and $300,000 for any one accident, a all furnish to the Company a certificate from it's insurance comnanv shoVi-�—asuclksurance to be in force. C-� Southeast Missouri Stone Company of Cape Girardeau, Missouri