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HomeMy WebLinkAboutRES.468.10-16-1989 BILL N0. 89-210 RESOLUTION N0. ��8 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO ' A CONTRACT WITH POTASHNICK CONSTRUCTION, INC. FOR EXCAVATION AND HAULING OF SOIL AT THE SANITARY LANDFILL 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 Potashnick Construction, Inc. for excavation and hauling of soil at the sanitary landfill . A copy of said Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS ILQ� DAY OF ����,{� , 1989 . C� _ � Fr� ncis E. Rhodes, Mayor ATTEST: i � �. Kimberly A Pruett Deputy Cit Clerk CONTRACT This Contract made and entered into this day of , 1989 , by and between the City of Cape Girardeau, Missouri , a Municipal Corporation, acting by and through its City Manager, as authorized by the City Council , hereinafter called the "City" , and Potashnick Construction, Inc. , a Missouri Corporation, authorized to do business in Missouri , hereinafter called the "Contractor" ; WITNESSETH: 1 . DESCRIPTION OF WORK. Contractor , for and in consideration of the payments to be made as hereinafter provided, hereby agrees at his own expense, to perform all of the labor and services, and to furnish all of the supglies and equipment necessary to complete this contract in accordance with the terms , conditions and provisions thereof . Contractor shall excavate to the proposed grade approximately 41, 715 bank yards of dirt from real estate owned by Ross and Hildegarde Young located in the East one-half of Section 21, Township 31 North, Range la East, in Cape Girardeau County and more particularly described in an "EXCAVATION AGREEMENT" entered into by and between Ross and Hildegarde Young and the City of Cape Girardeau, Missouri , said contract is incorporated herein and made part of this agreement . The excavation shall be as shown on the plans and drawings which are also incorporated by reference in this contract , ' Contractor shall load and haul this dirt to the City ' s sanitary landfill located on Highway 177 and deposit the dirt upon the landfill site at locations and in a manner as directed by City. Contractor shall salvage any highway right-of-way markers affected by the excavation and reset upon completion. The haul distance is measured along Route 177 using the Landfill entrance. If any alternate route is desired, the contractor is responsible for negotiating with the property owners involved. Any low water crossing placed between the borrow site and landfill must be approved by the Department of Natural Resources. Stockpiles will be located on the landfill property at the discretion of the City. Stockpiles shall be limited in extent to the designated areas. The top six ( 6 ) inches of soil shall be removed and stockpiled at the borrow site. This top soil sha�l be replaced at the completion of the haul . Payment for this item shall be included in the price paid for excavation and haul . Should differing site conditions be encountered, the Contractor shall notify the City Engineer . The City Engineer shall investigate the site with the Contractor . Further work shall proceed as agreed upon by negotiation between the City and the Contractor . Contractor shall be solely responsible for , and shall clean from and remove, any soil material, debris or other foreign material dropped, placed or deposited, intentionally or otherwise, upon Missouri state Highway 177, lower Bend Road or any other public street or highway during the course and process of excavation, loading and hauling operations . 2. PAYMENT. Payment for the contract work shall be made at the unit prices bid per unit by Contractor, as set out in his proposal and shall be full compensation for all work to be done pursuant to this contract . The unit price for excavating, loading and hauling dirt is One Dollar and Forty Cents ($1 . 40) per cubic yard and is based on cubic yards of dirt in place in its natural condition . Progress payment may be made monthly. By the 20th day of each month during the progress of the work , Contractor shall submit a statement of the total amount of work then done and the value of such work . The City Engineer shall review such statement as to its accuracy and shall deduct ten per cent ( 10$) and all sums previously paid or rightfully retained under this contract , and shall certify the proper amount due. Final payment will be made after the City has determined that the work has been finally completed in accordance with the contract , and after the Contractor has presented the city evidence that all bills for labor , materials, and equipment have been paid. 3 . CONTRACT TIME-LIQUIDATED DAMAGES-EXTENSION OF TIME . The Contractor hereby agrees to begin said work and improvement not later than twenty ( 20) days after the award_ of this contract and hereby agrees to complete at least thirty-three per cent ( 33� ) of the work no later than December 15 , 1989 , at least sixty-seven per cent ( 67� ) of the work shall be completed no later than March 1 , 1990, and the job shall be completed in its entirety no later than June 1, 1990 . Time of completion is of the essence as to each part of this contract and should the Contractor fail to complete each part of the work within the number of days as set out above, it is mutually understood and agreed between thE parties hereto that considerable damage will be sustained by the City, but that it will be difficult, if not impossible for the City to establish either the full extent or the amount of damage un�er the ordinary rules of evidence . It is therefore understood and agreed by and between the parties hereto that the payment by the Contractor to the City of -2- the sum of One Hundred Dollars ( $100 . 00 ) per day for every day, except Sundays and holidays, the contractor fails to complete the work to be done under this contract shall be paid to the City, as lio,uidated damages which the City will suffer by reason of the default , and not by way of a penalty. The time schedule for completion of each part of the contract as above set out shall determine the date after which liquidated damages shall begin. In the event the City Council should pass a resolution extending the time in which the work shall be completed, such extension of time shall not void the provisions for the assessment of liquidated damages above described. The City Council , may however, for good cause shown, such as unfavorable weather, material shortages, strikes, war, an Act of God, or similar cause, waive the provisions for liquidated damages and set a new date of completion, which date shall govern the time when liquidated damages shall begin. 4. APPROVAL OF THE WORK AND COMPLETION OF CONTRACT. The Contractor , upon the completion of said work and improvement , shall notify the City Engineer of such fact . The City Engineer and the City Manager shall thereupon inspect said work and make a written report to the City Council, and the City hereby agrees that upon the approval of said report , and provided said work is completed in accordance with the terms of this contract , it will make payment to the Contractor as hereinbefore provided. 5 . CONTRACT DOCUMENTS. It is agreed between the Parties to this contract that the plans, specifications, both general and detailed, the standard specifications approved and adopted by the City Council and on file in the Office of the City Clerk, and all resolutions and ordinances and proceedings by the City Council pertaining in any detail whatsoever to the work included under this contract , including the proposal submitted by the Contractor to the City Council shall be and constitute integral parts of this contract as though set out in words and figures herein. 6 . INDEMNITY TO CITY. Contractor agrees to file with the City prior to the commencement of the work , a certificate of insurance naming the City as a co-insured, showing that the Contractor has in force for a period equal to the period of this contract a policy of general liability insurance insuring the Contractor against liability for personal injuries arising out of the contract in a minimum amount of $100, 000. 00 for injury to any one person and $1 , 000, 000 . 00 for injuries received in any one incident and for property damage arising out of the contract in the minimum amount of $100 , 000 . 00; and the Contractor hereby binds himself to indemnify and save harmless the City of Cape Girardeau from all claims , damages, -3- suits and actions of every name and description brought against the said City for or on account of any injuries or damages received or sustained by any parties or party by or from the acts of the Contractor, or his servants or agents, in doing the work herein contracted for, or by or in consequence of any negligence in guarding the same , " or on account of any improper materials being used in construction, or by or on account of any act or omission of the Contractor , or his servants or agents . 7 . CONTRACTOR' S SURETY. The Contractor agrees to file with the City a bond with corporate surety for the faithful performance of this contract in an amount equal to the total contract price , and with such surety as will be satisfactory to the City. 8 . PREVAILING WAGES . Contractor hereby agrees that he will pay all workmen performing under this Contract an hourly rate of wages which is not less than the Prevailing Hourly Rate of Wages as determined by the Department of Labor and Industrial Relations in Wage Determination No. 90-016-0005 as attached hereto and incorporated by reference as a part of this Contract . Contractor agrees that he will comply with the provisions of the Prevailing Wage Law. The Contractor hereby agrees that he will forfeit to the City as penalty, the sum of Ten Dollars ($10 . 00) for each workman employed, for each calendar day, or a portion thereof , for which such workman is paid less than the stipulated rates as determined by the Department of Labor and Industrial Relations in the wage determination for any work done under this contract , by him, or any subcontractor under him. The Contractor agrees that he will not contract with any Subcontractor who is prohibited by the provisions of the Prevailing Wage Law from working on a Public Works contract . _ The Contractor hereby agrees that the City can withhold payments under the terms of this Contract for any sums and amounts due and owing as a result of any violation of the Prevailing Wage Law. 9 . NO WAIVER OF FUTURE BREACH. The failure of either Party to insist, in any one or more instances, on a strict performance of any of the terms or the conditions of this agreement, or to exercise any right herein contained, shall not be construed as a future waiver or a relinquishment of said rights, terms or conditions, but the same shall continue and remain in full force and effect . None of the terms or conditions of this Agreement shall be altered, waived, modified or abandoned in any manner except by written instrument executed by both parties . -4- 10 . PARTIES BOUND. This contract is binding upon the Parties hereto and their successors and assigns . IN WITNESS WHEREOF, � the City of Cape Girardeau, Missouri , has caused this agreement to be signed by its City Manager and attested by its City Clerk, with the corporate seal of the City and Potashnick Construction, Inc. has hereto by and through its authorized representative, affixed its name the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: J, Ronald Fischer, City Manager Kim er y A. Pruett Deputy City Clerk POTASHNICK CONSTRUCTION, INC, L. U. Spell , Vice President ATTEST: Typed Name & Title of Signer -5-