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Home My WebLink AboutRES.156.08-07-1985 f • � �\ BILL N0. 85-77 RESOLUTION N0. �� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH JAMES B. GOGGIN FOR EXCAVATING AND HAULING DIRT TO THE CITY SANITARY LANDFILL BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: SECTION 1 . The City P�anager on behalf of the City of Cape Girardeau , Missouri , is hereby authorized to enter into a contract with James B. Goggin for excavating and hauling dirt to the City sanitary landfill . A copy of this contract is attached to this resolution and made a part hereof. PASSED AND ADOPTED THIS __�� DAY OF , 1985 . f`�l�?Z�-t.� �� (��-z-x�,, � Howard C . Tooke, Mayor ATTEST: � Eve yn G LeGrand Deputy City Clerk � ^ CONTRACT This contract made and entered into this day of , 1985 , by and between the Cit�of Cape Girardeau , Missouri , a Municipal Corporation , acting by and through its City Manager , as authorized by the City Council , hereinafter called "City" and James B. Goggin , d/b/a Jim Goggin Excavating, hereinafter called "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 materials and equipment necessary to complete this contract in accordance with the terms , conditions and provisions thereof . Contractor shall excavate to the proposed grade approximately 38 ,000 cubic yards of dirt in Lots 4 , 5 , 6 , 7 and 8 of Rolling Hills Subdivision as shown on the plans and drawings which are 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. � Should rock or rock-type formations be encountered during the course and process of excavation operations , in form and quantities sufficient to prohibit or substantially impair excavation operations or substantially alter the amount of soil material to be excavated, Contractor shall notify the City Engineer immediately and, upon determination by City that such circumstances do in fact exist, shall proceed further as agreed to by the City. 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 price of $1 .48 per cubic yard, as set out in Contractor ' s proposal and shall be full compensation for all work to be done pursuant to this contract . The unit price for excavating, loading and hauling dirt is based on cubic yards of dirt in � ,,•., place in its natural condition . Progress payment may be made monthly. By the 20th day of each month during the progress of the work , Contractor shall submit a statement of the total amount of work then done and the value of such work . The City Engineer shall review such statement as to its accuracy and shall deduct ten per cent (10$ ) 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 not later than August 19 , 1985 and hereby agrees to complete the same not later than November 15 , 1985 . 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 the 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 substantially 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 should extend 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 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 , stiall ^ notify the City Engineer of such fact . The City Engineer shall thereupon inspect said work and make a written report to the -2- ^ 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 DOCUMENTS. It is agreed between the parties to triis contract that the plans and drawings for the excavation of soil from Rolling Hills Subdivision , the instructions to bidders , the proposal submitted by Contractor and the standard specifications approved and adopted by the City Council as well as all proceedings by the City Council pertaininy to the work included under this contract shall be and constitute integral parts of this contract as though set out in words and figures herein . 6 . INSURANCE REQUIREMENTS AND INDEMNITY. The 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 the 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 . The Contractor hereby binds himself to indemnify and save harmless the City of Cape Girardeau from all claims , demands , 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 by or on account of any act or omission of the Contractor , or his servants or agents . 7 . 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, � -3- , � . � waived, modified or abandoned in any manner except by written instrument executed by both parties . 8 . PARTIES BOUND. This contract is binding upon the Parties hereto and their successors and assigns . IN WITNESS WHEREOF, the City of Cape Girardeau , Missauri , 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 James B. Goggin has hereto, affixed his name, each in duplicate , the day and year first above written . CITY OF CAPE GIRARDEAU, MISSOURI Gary A. Eide , City Manager ATTEST: r^ Evelyn G . LeGrand Deputy City Clerk JIM GOGGIN EXCAVATING James B. Goggin � -4-