HomeMy WebLinkAboutRes.3236.02-04-2019 BILL NO. 19-26 RESOLUTION NO. '3;Z3(0
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH STEVE' S HAULING &
EXCAVATING FOR THE 2018 FLOOD BUYOUT PROGRAM
TO DEMOLISH 1003 NORTH FOUNTAIN STREET, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
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 Steve' s Hauling & Excavating for the 2018 Flood
Buyout Program to demolish 1003 North Fountain Street, in the
City of Cape Girardeau, Missouri . The Agreement shall be in
substantially the form attached hereto as Exhibit A, which
document is hereby approved by the City Council, and
incorporated herein by reference, with such changes therein as
shall be approved by the officers of the City executing the
same.
PASSED AND ADOPTED THIS3°- DAY OF ,�r(/a 2019.
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Bob Fox, Mayor
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Bruce Taylo S Deputy City Clerk % 4 `-�,�,''.?. '
CITY ®f CAPE GIRARDEAU
DEVELOPMENT SERVICES
DEMOLITION CONTRACT
This Demolition contract, hereinafter referred to as "Contract", entered into this
day of , 2019, by and between the City of Cape Girardeau Missouri, a Municipal
Corporation, hereinafter referred to as "City", and Steve's Hauling & Excavating, 789 County
Road 416, Oak Ridge, MO 63769, hereinafter referred to as "Contractor".
In consideration of the mutual covenants contained herein and other good and valuable
consideration, City and Contract agree as follows:
1. Contractor shall totally demolish the following building:
a. 1003 N. Fountain, Cape Girardeau, MO 63701
Remove one story wood frame single-family residence with basement.
Remove footing and foundation, all concrete steps, slabs, and sidewalks,
rubbish and debris on the site. All rubbish and debris is to be hauled to an
approved landfill. Bury concrete on the site with a minimum of two (2) feet of
fill. Fill, grade, and seed and straw the site.
2. All rubbish and debris shall be removed from the demolition site and deposited at a
site satisfactory to City. All holes left by removal of the foundations shall be filled
with good dirt, free of debris, and compacted to a density equal to the surrounding
ground. Dirt required for filling any holes shall be obtained at a site satisfactory to
the City Manager or his or her designee. Contractor will be responsible for any
damage done to the sidewalks, alleys or streets adjoining the property. All utilities
shall be disconnected prior to demolition. Contractor shall take all necessary care to
protect nearby buildings, drives, motor vehicles, and all adjoining property, and
contractor is to leave the same in condition equal to that which now exits.
3. Contractor shall provide all labor and materials, and furnish and direct at its own
expense, whatever equipment or work may be necessary for the expeditious and
proper execution of its duties under this Contract.
4. Contractor shall secure, at its own expense, all permits, licenses and consents required
by law or necessary to perform this work and will give all notices and pay all fees and
otherwise comply with applicable city, county and state laws, ordinances, rules and
regulations.
5. Should Contractor at any time refuse or neglect to supply adequate materials or
equipment or a sufficient number of properly skilled workers, or fail in any respect to
prosecute the work with promptness and diligence, or fail to comply with any of the
terms of the Contract, City may, at its election, immediately terminate this Contract,
giving notice to contractor in writing of such election, and enter on the premises and
take possession for the purpose of completing the work included under this Contract,
and may employ any other person or persons to finish the work and to provide the
materials therefor at the expense of the Contractor.
6. Contractor shall indemnity city from all claims, demands, suits and actions of every
name and description brought against City for or on account of any injuries or
damages received or sustained by any parties by or as a result of the acts or omission
of contractor, its servants or agents, in doing the work herein described, or by as a
result of any negligence in guarding the same, or on account of any improper
equipment or materials utilized in performing he work.
7. Contractor shall, prior to commencing work, furnish to City a certified check or a
surety bond, the form of the bond and surety company to be approved by City, in the
amount of Four Thousand Eight Hundred and Thirty Four Dollars. ($4,834.00)
conditioned on the performance by contractor of all its duties hereunder.
8. Contractor agrees to file with City, prior to commencement of work, a certificate of
insurance naming City as coinsured and showing the Contractor has in force, for a
period equal to the period of this Contract, a policy of general liability insurance
insuring Contractor against liability for personal injuries and property damage arising
out of this Contract, in a minimum amount of One Hundred Thousand Dollars
($1000,000.00) for injury or damage to any one person and Two Million Dollars
($2,000,000.00) for injuries or damages received in any one accident. Contractor
agrees to provide and maintain, during the entire term of this Contract and until final
acceptance of the work by City, workers compensations insurance for all of its
employees at the site of the work.
9. Upon satisfactory performance by Contractor of its duties under this Contract, and
acceptance of said work by the City Manager or his or her designee, City will pay
Contractor the sum of Four Thousand and Eight Hundred and Thirty Four Dollars.
($4,834.00)
10. Time is of the essence of this contract, and Contractor agrees to begin working within
ten (10) days after the date this Contract is fully executed and to complete the work
within forty-five (45) days of said date. In the event that the work covered by this
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City to Contractor for delays caused by conditions beyond Contractor's control,
Contractor will pay City for damages in the sum of Fifty Dollars ($50.00) for each
day beyond the deadline or extension that the work is not completed.
11. Contractor shall not assign or sublet this Contract or any portion thereof without the
prior written consent of City.
12. Failure of city to insist in any one or more instance on a strict performance of all of
the terms or conditions of this Contract, or to exercise any right herein contained,
shall not be construed as a future waiver or a relinquishment of the provision or
rights, but the same shall continue and remain in full force and effect. None of terms
or conditions of this Contract shall be altered, waived, modified or abandoned in any
manner except by written instrument executed by City and Contractor.
IN WITNESS WEREOF, City and Contractor have executed this Contract at Cape
Girardeau,_Missouri,the day and year first above written.
' ��,. i ,� City of Cape Girardeau, Missouri
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''' Y oa.a, = Sco A. Meyer, City Manager
ATTEST:
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Gayle ,.Conrad, City Clerk
Steve's Hauling& Excavating
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Steve Pleiman, Owner
401 Independence Street, Cape Girardeau, MO 63703 P: 573.339.6327 F: 573.339.6303