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HomeMy WebLinkAboutRes.3394.04-05-2021BILL NO. 21-38 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH RONALD KUCERA, JR., FOR THE DEMOLITION OF A BUILDING LOCATED AT 1112 HARMONY 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 a Demolition Contract with Ronald Kucera, Jr., for the demolition of a building located at 1112 Harmony Street, in the City of Cape Girardeau, Missouri. The Contract shall be in substantially the form attached hereto, 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. r--& PASSED AND ADOPTED THIS DAY OF 2021. Bob Fox,-31ayor ATTEST: t -A ziruce'�a -z Deputy City Clerk , DEMOLITION CONTRACT This Demolition Contract, hereinafter referred to as this "Contract", is entered into this (,� ���da Y of G 2021, by and between the City of Cape Girardeau, Missouri, a Municipal Corporati n, hereinafter referred to as the "City" and Ronald Kucera, Jr, 160 Tolbert Drive, Jackson, MO 63755, hereinafter referred to as the "Contractor". The City and the Contractor collectively are hereinafter referred to as the ILParties" in consideration of the mutual covenants contained herein and other good and valuable consideration. the Parties agree as follows: -1 The Contractor shall totally demolish the following building, as specified: 1112 Harmony Street (Tract No. 1003) a. Remove the two (2) story brick and wood single-family residence with basement. b. Saw cut the front retaining wall, approximately 4 ft. from the west retaining wall, leaving the two (2) steps and landing. c. Remove the retaining wall along the street and the alley. d. Remove all footings and foundations from the structure, and break up the concrete floor. e. Bury the concrete on the site, with a minimum of 2 ft. of fill. f. Establish a 3 to 1 slope along the street and the alley. g. Install erosion barrier along the street and the alley. h. Remove all rubbish and debris, and haul it to an approved landfill, i. Fill, grade, seed and straw the site. 2. All rubbish and debris shall be removed from the demolition site and deposited at a site satisfactory to the 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 from a site satisfactory to the City Engineer. The Contractor shall be responsible for any damage done to the sidewalks, alleys, or streets adjoining the property. All utilities shall be disconnected prior to demolition. The Contractor shall take all necessary care to protect the nearby buildings, drives, motor vehicles, and all adjoining properties, and the Contractor shall leave the same in a condition equal to that which now exists. 3. The Contractor shall provide all labor and materials, and furnish and direct, at their own expense, whatever equipment or work may be necessary for the expeditious and proper execution of their duties under this Contract. 4. The Contractor shall secure, at their own expense, all permits, licenses, and consents required by Iaw or necessary to perform the 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 the 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 the terms of this Contract, the City may, at its election, immediately terminate this Contract, giving notice to the Contractor in writing of such election; and enter on the premises and take possession for the purpose of completing the work covered under this Contract, and may employ any ether person or persons to finish the work and to provide the materials therefor at the expense of the Contractor. 6. The Contractor shall indemnify the City from all claims, demands, suits, and actions of every name and description brought against the 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 omissions of the Contractor, their servants or agents, in doing the work herein described, or by, or as a result of. any negligence in guarding the same, or on account of any improper equipment or materials utilized in performing the work. Paye The Contractor shall, prior to commencing work, furnish to the City a certified check or a surety bond, the form of the bond and surety company to be approved by the City, in the amount of Six Thousand Bine Hundred Dollars ($6,900.00), conditioned on the performance by the Contractor of all its duties hereunder. 8. The Contractor agrees to file with the City, prier to commencing work, a certificate of insurance naming the City as coinsured and showing that the Contractor has in force, for a period equal to the entire term of this Contract, a policy of general liability insurance insuring the Contractor against liability for personal injuries and property damage arising out of the work performed under this Contract, in a minimum amount of One Hundred Thousand Dollars ($100,000.00) for injuries or damages to any one (1) person and Two Million Dollars ($2,000,000.00) for injuries or damages received in any one (1) accident. The Contractor agrees to provide and maintain, during the entire term of this Contract and until final acceptance of the work by the City, workers compensation insurance for all of its employees at the site of the work. 9. Upon satisfactory performance by the Contractor of their duties under this Contract, and acceptance of said work by the City Engineer or his or her designee, the City will pay the Contractor the sum of Six Thousand Dine Hundred Dollars ($6,900.00). 10. The Contractor agrees to begin the work herein described within ten (10) days after the date of this Contract and to complete the work within Forty-five (45) days after the date of this Contract. In the event that the work is not completed within this time frame, excepting extensions granted to the Contractor for delays caused by circumstances beyond their control, the Contractor shall pay to the City damages in the sum of Fifty Dollars ($50.00) per day for each day over the Forty-five (45) day deadline. 11. The Contractor shall not assign or sublet this Contract or any portion thereof without the prior written consent of the City. 12. Failure of the City to insist in any one (1) or more instances 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 provisions or rights, but the same shall continue and remain in full force and effect. None of the terms or conditions of this Contract shall be altered, waived, modified, or abandoned in any manner except by written instrument executed by the Parties. IN WITNESS WHEREOF, the Parties have executed_ this Contract at Cape Girardeau, Missouri. the day and year first above written. - CITY CAPE Gi i `'Sco A. ever,` Cii ATTEST:. Gayle L`.. onrad. City Clerk Ronald Kucera, Jr. ATTEST-. 1- Ronald Kucera, Jr. Page 2 EAU, MISSOURI Mahager