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HomeMy WebLinkAboutRES.278.09-21-1987 BILL N0. 87-152 RESOLUmION N0. � / A RESOLUTION AUTHORIZING THE CITY MANAG ER TO ENTER INTO A CONTRACT WITH JOE FIGLIOLO FOR CONSTRUCTION OF COMFORT STATIONS IN DENNIS SCIVALLY PARK BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLL04�S: SECTION l . The City Manager on behalf of the City of Cape Girardeau , Missouri , is hereby authorized to enter into a Contract with Joe Figliolo for the construction of comfort stations in Dennis Scivally Park . A copy of said Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED 'I'HIS ��� DAY OF , 1987 . _ , .-� , � � - .. � _ � - Fr'ancis E. Rhodes, Mayor ATTEST : . � Alvin M . St verink , City Cler 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 the City Council , h ereinafter called the "City" , and Joe Figliolo, 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 accordance 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 the erection of a steel building in Dennis Scivally 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 Twenty-Seven Thousand Nine Hundred Sixty-Four pollars and Forty Cents (�27 ,964 . 4U) 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 Specifications . 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 Twenty-Seven Thousand Nine Hundred Sixty-Four Dollars and Forty Cents ( $27 , 964. 40 ) . 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 essence 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 by 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 wliich 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 F70RK 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 Manager , 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 DOCLTMENTS . It is agreed between the Parties to this contract that th e 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 . INDEP4NITY 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 �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 dar�ages 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 th e Contractor , or his servants or agents . 7 . CONTRACTOR' S SURETY. The Contr. actor 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 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 ag.reement, 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 instrun�ent executed by both parties . 9 . 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 causeci ttlis agreement to be signed by its City Manager and attested by its City Clerk , with the corporate seal of the City and Joe Figliolo hereto, affixed his r�ame the day and year first above written . CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: Gary A. Eide, City Manager Alvin M . Stoverink , City Clerk Joe Figliolo