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Home My WebLink AboutRes.3430.09-20-2021 BILL NO. 21-143 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 50 CENTENNIAL DRIVE, 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 50 Centennial Drive, 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. PASSED AND ADOPTED THIS p�D DAY OF , 2021 . Bob Fox, Mayor ATTEST: �, GIRA /Bruce 7ay1 Deputy City Clerk YA ITO t7l x �z��®� �� DEMOLITION CONTRACT THIS DEMOLITION CONTRACT, hereinafter referred to as this "Contract", is entered into this 11— day of ,51ep-f-Q•,rnb, ' , 2021, by and between the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, 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"Parties". IN CONSIDERATION OF the mutual covenants contained herein and other good and valuable consideration,the Parties agree as follows: 1. The Contractor shall perform all of the following work on the property addressed as 50 Centennial Drive(Tract No. 1007), located in the City and County of Cape Girardeau, Missouri, hereinafter referred to as the"Property": • Completely demolish the single-family residence, including the basement, foundation, and footings. • Break up and bury the concrete on the Property,with at least two(2)feet of cover. • Remove all rubbish and debris from the Property. • Fill and grade the Property. • Apply grass seed and straw to the Property. 2. All rubbish and debris shall be removed from the Property and deposited at a site satisfactory to the City. All holes left by removal of the basement, foundation, and footings 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. The Contractor shall be responsible for any damage done to the sidewalks, alleys, or streets adjoining the Property. All utilities shall be properly disconnected prior to demolition. The Contractor shall take all necessary care to protect the nearby buildings, drives, motor vehicles, and all adjoining properties, and 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 that 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 shall give all notices and pay all fees and otherwise comply with all applicable state and local 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, 1 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. 7. The Contractor shall, prior to commencing the work, furnish to the City a certified check or surety bond satisfactory to the City, in the amount of Six Thousand Two Hundred Dollars ($6,200.00), conditioned on the performance by the Contractor of all their duties hereunder. 8. The Contractor agrees to file with the City, prior to commencing the 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 the work by the City, the City shall pay the Contractor the sum of Six Thousand Two Hundred Dollars($6,200.00). 10. The Contractor shall complete the work herein described no later than 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, nor shall the Contractor allow any person who is not an employee of the Contractor to perform any of the work herein described. 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 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, on the above date. (Signatures on the following pages) 2 CITY OF CAPE GIRARDEAU, MISSOURI 2 r enneth Hask' , City Manager ATTEST:r� 6-ma Lt-'7, 4CLy J \ L. nyea City Clerk ' _>` ,t =j s/' STATE OF MISSOURI ) _ ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, that on thisay of .` , 2021, before me, the undersigned notary public, personally appeared Dr. Kenneth Has n, City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid,the date first above written. • AMANDA L. MCKINNEY /AV* �/� (. Notary Public- Notary Seal �411 STATE OF MISSOURI Cape Girardeau County if My Commission Expires March 3, 2022 11(i�G � � �I ary P,u Irc Commission #14588193 My Commission Expires: 7-0 3 RONALD KUCERA, JR. leLth . -erg STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, that on this [ day of Sent2,r)b. --, 2021, before me, the undersigned notary public, personally appeared Ronald Kucera, r., to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid,the date first above written. ea,vtI A ,Notary Public My Commission Expires: //—/1 CAROL A.PETERS NOTARY PUBLIC-NOTARY SEAL STATE OF MISSOURI MY COMMISSION EXPIRES NOVEMBER 19,2024 CAPE GIRARDEAU COUNTY COMMISSION#12684121 4