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Home My WebLink AboutRES.773.11-16-1992 •.. �•� BILL NO. 92-262 RESOLUTION NO. ��`' A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEMOLITION CONTRACT WITH JIM GOGGIN EXCAVATING FOR DEMOLITION WORK AT 2145.A INDEPENDENCE STREET 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 Jim Goggin Excavating for demolition work at 2145.A Independence Street. A copy of said contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �/�� DAY OF -, 19�- Francis E. Rhodes, Mayor ATTEST: Julie . Dale, Deputy City Clerk DEMOLITION CONTRACT This agreement, entered into this �� "��'�� day of �-��'��'��`;"� 1992 , by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as "City" , and Jim Goggin Excavating, Route #2 , Box 552G, 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: 2145.A Independence Street That part of Lot No. 3 of Popp's Subdivision of part of Sturdivant's Subdivision of Out Lots 58 , 59 , 81 and part of 60, in U.S. Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, described as follows: Commence at the Northeast corner of Outlot 87; thence North 83° 23 ' S9" West, 558 . 50 feet, to a point on the East right-of-way line of U. S. Highway "61" ; thence with the East line of said Highway, North 11° 06' S4" East, 150. 00 feet, to the point of beginning; thence continue North 11° 06' 54" East, 192 . 50 feet, to the point of curvature of a curve to the left, said curve having a radius of 2000. 00 feet; thence along the arc of said curve, 223 . 57 feet, the chord across said arc bears North 7° 54 ' 46" East, 223 . 46 feet) ; thence North 52 ° 31' 54" East, 57 . 85 feet; thence South 7° 36' 42" West, 65. 95 feet; thence South 7° 56' 54" West, 301. 24 feet; thence South 11° 00' 39" West, 88 . 71 feet; thence North 83° 23 ' 59" West, 46. 77 feet, to the place of beginning and containing 18 , 154 sq. ft. , more or less, as shown on the accompanying plat. Remove one (1) story brick and steel building (7, 602 square feet) , concrete floor and footings. Include all CIP concrete wheel stops between overhead doors and concrete apron up to the construction joint. Remove commercial billboard located near the southwest corner of the property, including seven (7) steel pipe vertical supports to be cut at top of footings. All footings are to be left in place. Gas powered pump and flow control structure are not be included and must be protected. Remove 220 +/- feet of chain link type fence, gates, posts, and concrete footings, in right-of-way only. Remove steel pipe sign pole located south and west of building near the fence (identified) . Remove steel pipe sign pole located on Independence Street right-of-way, north of building. Remove approximately 1, 160 square feet concrete pavement irregularly shaped area north of building. Saw cut concrete along right-of-way line and around guy wire anchors and protective barriers belonging to Union Electric. Backfill excavated area and grade for proper drainage and, additionally, construct earthen berm to maintain, at minimum, the grade elevation which exists along the south and west building walls. Earthen berm to be approximately 10. 0 feet wide at to having 3 to 1 side slope on building side. The existing creek bank will be calculated as a portion of the required berm. All fill material to be of sandy loam, firmly compacted, graded to a fine, smooth finish, seeded and strawed. Remove commercial billboard located at north end of the building including five (5) H columns and footings and dispose of all materials. Fill and grade. NOTE: 1. Excavated area is that where the building and paving are removed. Al1 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. The sites shall be seeded and strawed for future maintenance. Contractor will be responsible for any damage done to the sidewalks, alleys or streets adjoining the property. Al1 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 - 2 - 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 Four Thousand Dollars Nine Hundred Ninety ($4 , 990 . 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 or occurrence. 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 Four Thousand Nine Hundred Ninety Dollars ($4 , 990 . 00) . - 3 - 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. 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 �� ./-'" � ,%L.E'e�' ,i��.. J./ Ronald Fis�her, City Manager ATTEST: f i"" —� y '�` � 'r/.�/ / ) / j/ _;.�.%'-ia,��_; Ju�i, A. Dale Depu�ty City Clerk JIM GOGGIN EXCAVATING �! � 1 �'�� e�,��—C' i 2 'L J��l Goggin - 4 -