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Res.3395.04-05-2021
BILL NO. 21-39 RESOLUTION NO. 3,3 67 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH L©GAN BLEVINS EXCAVATING, LLC, FOR THE DEMOLITION OF A BUILDING LOCATED BEHIND 1237 NORTH WATER 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 Logan BleJins Excavating, LLC, for the demolition of a building located behind 1237 North Water 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 sane. PASSED AND ADOPTED THIS DAY OF , 2021. ATTEST: race Tayl/r, Deputy City Cler Bob Fox, Mayor DEMOLITION CONTRACT 4V_)tkL his Demolition Contract, hereinafter referred to as this "Contract", is entered into this L`, �-` day of , 2021, by and between the City of Cape Girardeau, Missouri, a Municipal Corporate n, hereinafter referred to as the "City", and Logan Blevins Excavating, LLC, 481 Mossy Oak Ridge, Cape Girardeau, MO 637011, hereinafter referred to as the "Contractor". The City and the Contractor collectively are hereinafter referred to as the "Parties". In consideration of the mutual covenants contained herein and other good and valuable consideration, the Parties agree as follows: 1 The 'Contractor shaft totally demolish the following building, as specified: Metal Pone Building behind 1237 North Water Street a. Remove the large metal pole building. b. Remove the concrete slam. steps, and driveway. c. Remove the car parts and debris on the south side. d. Remove the fallen trees, bricks, and all rubbish and debris. e. Remove the metal storage building. f. Bury the concrete on the site, with a minimum of 2 ft. of fill. g. Remove all rubbish and debris, and haul it to an approved landfill.. h. Fill, grade, seed and straw the site. 2. All rubbish and debris shall be removed from the dernoiition 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 law 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 other 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. Page 1 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 Two Thousand Eight. Hundred Eighty Dol#ars ($2,880.00), conditioned on the performance by the Contractor of all its duties hereunder. 8. The Contractor agrees to file with the City, prior 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 ($2,000,000.0°0) 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 Two Thousand Eight Hundred Eighty Dollars ($2,880.00), 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 OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager ATT ST: Gayle t< Conrad, City Clerk ATTEST Logan Blevins Excavating, LLC Logaril6levins Page