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Home My WebLink AboutRES.1374.06-15-1998 � BILL NO. 98-107 RESOLUTION NO. � � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH NIP KELLEY EQUIPMENT CO. , INC. 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 Nip Kelley Equipment Co. , Inc. A copy of said Contract is attached to this Resolution and made a part hereof. \ �: PASSED AND ADOPTED THIS 1 "�ti�. DAY OF " ��u , 19�. . A. . Spradling, III, M r ATTEST: ,. � ,'" � ,;_ Gayle . Conrad Deputy City Clerk , DEMOLITION CONTRACT This agreement, entered into this day of , 1998, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as "City" , and Nip Kelley Equipment Co. , Inc. , 41 North Sprigg Street, Cape Girardeau, MO 63701, 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: l . Contractor shall totally demolish the following buildings: 619 South Ellis Street (Tract No. 639) . Remove one (1) and one-half (1 2) story wood frame residence with basement. Remove detached garage and foundation, front and rear sidewalks, clothes line pole, fences on the south and west sides and all rubbish and debris. Grade, fill, seed and straw. 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 laca 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 Seven Thousand Eight Hundred Dollars ($7 , 800. 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 $1, 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 Seven Thousand Eight Hundred Dollars ($7 , 800 . 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. - 2 - .+ 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. CITY OF CAPE GIRARDEAU, MISSOURI Michael G. Miller, City Manager ATTEST: Gayle L. Conrad, Deputy City Clerk NIP KELLEY EQUIPMENT CO. , INC. ATTEST: [Typed Name of Secretary] [ S E A L] - 3 - - � ��L The Cit�i of Ca�e Girardeau wi�i receive proposals at the Divi�ion or Planning ��rvices Office, City Haii, 4G1 Independence Street, Cape Girar�eau, Missouri G3703, until 2:00 P.M. on Thursday, June �, 1998, for the demolition and clean up of or�� (? l co�:lemned stri�c±��re. Pro�os�ls wili be for a luma su;� cost ior each SiC:.�t��. The Centractor vvill be re�ponsih!e for having all utilities disconnected from tne �`ruct�res, fo; acqui�ing ai1 n�cessary per��:�s, 2r,c� for demolishing the struc*ures in accordance with a!I applicable City et Cape Gi�ardeau codes and ordinances. The City of Cape Girardeau reserves the right to rej�ct any or al! bids. �ollc�.vinc, are ±�e addresses or the structures to be demolished and the !ot to be �f�'c:!?CC, 11G: 1 . 619 So�th Eiiis Stree* (�ract l��. 63�) Remove one and one-�alf (1 �/�) s±ory wood frame residence with basement. Remove detached garage and foundation, front and r�ar sidewalks, clothes line pole, �ences cn the south and west sid��s, and aii ni�bish and debris. Grad��, fi!I, seed �nd straw. LlJiQ/IP SLi� �!D � 7 , 800 . 00 6-4-98 Nip Kelley Equipment Co . , Inc . Gate Co�tractor- /�'�-�--- A!�i7orized Represent ive . �,