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Home My WebLink AboutRES.708.03-16-1992 BILL NO. 92-49 RESOLUTION NO. 70� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEMOLITION CONTRACT WITH EAGLE EXCAVATING & TRUCKING COMPANY FOR PROPERTY AT 2132 BESSIE 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 enter into a Demolition Contract with Eagle Excavating & Trucking Company for property at 2132 Bessie Street in the City of Cape Girardeau, Missouri. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS I�� DAY OF �QJ�l , 19�. � _ � _-- �-� _ �d �� ' � rancis E. Rhodes, Mayor ATTEST: Kim erly A ruett, Deputy City Clerk DEMOLTI'ION CONTRACT This agreement, entered into this day of , 1991, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as "City" , and Eagle Excavating & Trucking Co. , 1646 Westwood, 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: 1. Contractor shall totally demolish the following structures: 2132 Bessie Street Part of Lots 6 and 7 of Robert Sturdivant's Subdivision of Outlots 58, 59, 81 and part of 60 of U. S. Private Survey No. 2199, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, described as follows: Commence at a railroad spike on the Northwest corner of Outlot 81; thence North 83° 02 ' 42" West, with the North line of said Outlot 81, 660. 00 feet to the place of beginning; thence continuing North 83° 02' 42" West, 70. 00 feet; thence South 06° 57' .18" West, 300. 00 feet; thence North 83° 02 ' 42" West, 48 . 06 feet; thence South 06° 58' 02" West, 321.21 feet, to a point in the North right-of-way line of Bessie Street; thence South 83° 05' 58" East with said right-of-way line, 168. 13 feet; thence North 06° 57' 18" East, 321.05 feet;thence North 83° 02' 42" West, 50. 00 feet; thence North 06° 57' 18" East, 300. 00 feet, to the place of beginning and containing 74, 981 square feet or 1.721 acres, more or less. ALSO, a temporary construction easement along the West property line of the Gas Light Village Mobile Home Park, described as follows: That part of Lot 8 of Robert Sturdivant's Subdivision, being in Outlot 81 of U. S.P. Survey No. 2199, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, state of Missouri, described as follows: Commence at a Railroad spike on the Northeast corner of Outlot 81; thence North 83° 02' 42" West, with the North line of said Outlot 81, 660. 00 feet to the place of beginning; thence South 06° 57' 18" West, 300. 00 feet; thence South 83° 02 ' 42" East, 8 . 00 feet; thence North 06° 57 ' 18" East, 300. 00 feet; thence North 83° 02' 42" West, 8 . 00 feet, to the place of beginning and containing 2 , 400 square feet, more or less. Remove one (1) story commercial steel building (two thousand seven hundred thirty (2,730) square feet) , concrete floor and footings. Remove five hundred thirty-two (532) square foot raised concrete dock floor, footings, steel canopy, and fenced enclosure located in front of building. Remove approximately five hundred forty-four (544) sguare feet concrete slab and sign base in front of building, approximate three hundred (3000 square feet concrete slab and fence enclosure at east side of building. Remove large trees from creek (flagged) and trees and brush along north wall of building. Remove steel drain pipe at northwest corner of building. Remove f our hundred twenty-f ive (4 2 5) square f eet one (1) story masonry and wood structure, masonry pits, concrete floor and footings located approximately ninety (90) feet north along creek bank. Remove wood and steel pedestrian bridge across creek (concrete footings may remain in creek bed providing steel is cut flush at concrete surface) . Remove junk; i.e. , steel structure, water heater tanks, steel piping, steel and wood truck bed frame, etc. From three hundred twenty (320) to six hundred twenty (620) feet north of Bessie along east creek bar.k, remove eight (8) individual concrete pads (formerly for mobile homes) . Care must be taken to avoid encroachment onto private property. Access from Bessie Street ONLY. [SEE ATTACHMENT #1] Concrete, block and steel will be deposited on the site provided by the City. Steel will be no more than ten (10) feet in length (See Attachment #2 for dump site) . The rubbish and debris shall be removed from the demolition site and deposited at a site satisfactory to the City. Grade and slope existing site towards the creek away from the new structure. 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 - 2 - 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 Three Thousand Eight Hundred Dollars ($3 , 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. - 3 - 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 Three Thousand Eight Hundred Dollars ($3 ,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. il. 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. ZN WITNESS WHEREOF, the parties have executed this agreement at Cape Girardeau, Missouri, the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI J. Ronald Fischer, City Manager ATTEST: Kimberly A. Pruett Deputy City Clerk EAGLE EXCAVATING & TRUCKING CO. James F. Stovall - 4 - ;; : - �"�P--a�� 3— � g � � � �� : . �. 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