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Home My WebLink AboutRES.275.09-08-1987 BILL N0. 87-151 RESOLUTION N0. o A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH A. E. SIMPSON CONSTRUCTION, INC. FOR TENNIS COURT IMPROVEMENTS IN ARENA PARK 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 A . E. Simpson Construction , Inc. for tennis court patching, crack filling, overlay and color coating project in Arena Park . A copy of said Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS �_ DAY OF � 1987 • ; �G� 7 ,!� � ;/�,i� �/. � rancis E. � hodes , Mayor ATTEST : f'! � c �,, — / Alvin M. S overink , City Clerk CONTRACT This Contract made and entered into this day of , 1987 , by and between the City of Cape Girardeau , Missouri , a Municipal Corporation, acting by and through its City Manager , as authorized by th e City Council , h ereinafter called the "City" , and A. E. Simpson Construction, Inc. , 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 its own expense, to perform all of the labor and services , and to furnish all of the materials and equipment necessary to complete this contract in accor_ dance with the terms , conditions and provisions thereof , and the general and detailed specifications, which were promulgated by the City of Cape Girardeau on April 10 , 1987 by the Parks and Recreation Department . These Bid Specifications are incorporated herein, made a part hereof as though fully set out herein . The work of the improvement to be made is that necessary for tennis court patching, crack filling, overlay and color coating project in Arena Park , complete with all necessary fixtures and appurtenances as set forth in the Bid Specifications . 2. PAYMENT. Payment for said improvement shall be made in the amount of Thirty-Two Thousand Thirty Dollars and Seventy-Six Cents ( �32, 030.76 ) upon the completion of the work as required in the specifications and after inspection by the City to determine that the work is in accordance with the Sp�cifications . Payment to the Contractor shall be made from the Capital Improvement budget fund as set forth in the budget for 1987-1988 fiscal year . It is hereby stipulated and agreed that the total amount to be paid to the Contractor shall be the total amount set forth in Contractor 's Bid Proposal for erection of a steel building with the required fixtures and that the total amount of the payment to Contractor will be Thirty-Two Thousand Thirty Dollars and Seventy-Six Cents (�32, 030 .76) . 3 . CONTRACT TIME-LIQUIDATED DAMAGES-EXTENSION OF TIME. The Contractor hereby agrees to begin said work and improvement not later than ten (10 ) days after the execution of this contract and hereby agrees to complete the same not later than sixty ( 60 ) working days from said date . Time of completion is of the essenc� of this contract and should the Contractor fail to complete 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 under the ordinary rules of evidence . It is therefore understood and agreed by and between the parties hereto that the payment b the Contractor to the City of 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 liquidated damages which the City will suffer by reason of the default , and not by way of a penalty. The time of completion 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 tt�e work shall be completed, such extension of time shall not void tne 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 Director of Parks and Recreation Department of such fact . The Director of Parks and Recreation Department shall thereupon inspect said work and make a written report to the City P�Ianager , 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 th e City Clerk , and all resolutions and ordinances and proceedings by the City Council pertaining in any detail whatsoev er to the work included under tt�is 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 th e 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 �800 ,000 . 00 for injuries received in any one accident 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 , 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 . NO 4�AIVER OF FUTURE BREACH. The failure of eith er 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 rigY�ts , 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, waiv ed, modified or abandoned in any manner except by written instrument executed by both parties . 9 . PARTI ES 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 P4anager and attested by its City Clerk , with the corporate seal of the City and Southeast Missouri District Council of Carpenters has hereto by and through its authorized representative, affixed its name the day and year first above written . CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: Gary A. Eide, City Manager Alvin P� . Stoverink , City Clerk A. E. SIMPSON CONSTRUCTION, INC. Earl Simpson ATTEST: Typed Name & Tit e of Signer