HomeMy WebLinkAboutRES.2526.04-05-2010BILL NO. 10-41 RESOLUTION NO. caCG'
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEMOLITION CONTRACT WITH EAGLE
EXCAVATING, LLC
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 Eagle Excavating, LLC. A copy of said
Contract is attached to this Resolution and made a /part hereof.
PASSED AND ADOPTED THIS A DAY OF %'1/ 20 �C!
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J B. Knudtson, Mayor
ATTEST:
E U1VX
JEAL
DEMOLITION CONTRACT
This agreement, entered into this day of , 2010, by and between
the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as
"City", and Eagle Excavating, LLC., 1115 County Road 366, Jackson, MO 63755,
hereinafter referred to as "Contractor."
In consideration of the mutual covenants contained herein and other good and
valuable consideration, City and Contractor agree as follows:
Contractor shall totally demolish the following buildings:
839 North Main Street (south lot)
(All utilities are disconnected)
Remove the footing and foundation, all concrete sidewalks, concrete slabs, rubbish and debris.
Remove and haul off all concrete and all rubbish and debris from the site. Fill, grade, seed and
straw the site.
1. All debris and rubbish 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 at a site satisfactory to the City Engineer.
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 the Contractor is to leave same in condition equal to that which now
exists.
2. 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.
3. 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.
4. Should Contractor at any time refuse or neglect to supply adequate materials
or equipment or a sufficient number of properly skilled workmen, or fail in any respect to
prosecute the work with promptness and diligence, or fail to perform any of the agreements
of this contract, City may, at its election, immediately terminate this agreement, 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 agreement, and
may employ any other person or persons to finish the work and to provide the materials
therefor at the expense of Contractor.
5. Contractor shall indemnify 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 omission of
Contractor, his 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.
6. 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 the City, in the
amount of Nine Hundred Dollars ($900.00), conditioned on the performance by Contractor
of all its duties hereunder.
7. Contractor agrees to file with the City prior to commencement of work, a
certificate of insurance naming the City as coinsured and showing that the Contractor has
in force for a period equal to the period of the contract a policy of general liability insurance
insuring Contractor against liability for personal injuries and property damage arising out of
the contract in a minimum amount of $100,000.00 for injury or damage to any one person
and $2,000,000.00 for injuries or damages received in any one accident. Contractor
agrees to provide and maintain during the entire term of the 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.
8. Upon satisfactory performance by Contractor of its duties under this contract,
and acceptance of said work by the City Engineer, City will pay Contractor the sum of Nine
Hundred Dollars ($900.00).
9. Time is of the essence of this agreement and Contractor agrees to begin
working within ten (10) days after the date of this contract and to complete the work within
forty-five (45) days, and in case the contract is not completed within this length of time,
excepting extensions granted to the Contractor for delays caused by conditions beyond his
control, Contractor will pay the City for damages the sum of Fifty Dollars ($50.00) per day
for each day over forty-five (45) days it is required to complete the work covered under this
contract.
10. Contractor shall not assign or sublet this contract or any portion thereof
without the prior written consent of the City.
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11. Failure of the 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 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 both parties.
IN WITNESS WHEREOF, the parties have executed this agreement at Cape
Girardeau, Missouri, the day and year first above written.
ATTEST:
Gayle L. Conrad, City Clerk
ATTEST:
[Typed Name of Secretary]
CITY OF CAPE GIRARDEAU, MISSOURI
Scott A. Meyer, City Manager
Eagle Excavating, LLC.
Kevin C. Compas
[Typed Name of Signer]
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