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HomeMy WebLinkAboutRES.624.05-06-1991 . BILL N0. 91-83 RESOLUTION N0 . � a 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEMOLITION CONTRACT WITH BAER & COMPANY FOR DEMOLITION OF BUILDINGS AT 529 SOUTH PACIFIC AND 1443 NORTH RAND 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 Baer & Company for demoliton of buildings at 529 South Pacific Street and 1443 North Rand Street . A copy of said Contract is attached to this Resolution and made a �art hereof . PASSED AND ADOPTED THIS ��tL DkY OF , 19 q�. �'� R� . �'? _ �, � � :r, Francis E . Rhode�, Mayor ATTEST: . G��I�vV Julie . Dale Deput City Clerk DEMOLITION CONTRACT This agreement , entered into t�is � day of � , 1991 , by and between the City of Cape Giraroeau , i�i ouri , a Municipal Corporation, hereinafter referred to as "City" , and Baer & Company, 1812 Belleridge Pike , Cape Girardeau , NO 63701 , hereinafter referred to as "Contractor . " In consideration of the mutua� ccvenants contained herein and other good and valuable consideracion, City and Contractor agree as follows : 1 . Contractor shall totall:a demolish the following buildings : 1 . Tract �513 - 529 South Pacific Street . Lot 20 , Zapf ' s First Subdivision . Loyd & Carele Stotler , Route tt2 , Box 57 , Narble Hill , NO 63764 Remove 2-story wood �rame , 4-unit apartment with basement . 2 . Tract TM524 - 1443 North Rar.d Street . �ot 12 , Block 8 , Red Star Addition , wTarren R. Keesee , 213 South Missouri , Jackson, NO 63755 . Remove 1-story wood frame residence and outside storage shed ( 16 ' x 18 ' ) . All debris and rubbish shall be removed from the demolition site and deposited at a site satisiactory to the City. A�� roles �ert by removal of the foundations snall be fiiled 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 Gt a site satisfactory to the Cit_v Engineer . Contractor wili be responsible for any damage done to the sidewaiks , alieys or streets adjoining the property, All utilities shall be disconnected prior to demolitien . Contraccor shali 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 . Cor.tractor shali provide al� labor and materials, ar.d 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 exnense, 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 agreenents of this contract , City may, at its election , immediate�y terminate this agreement, giving notice to Cor.tractor in writing of such election, and enter on the premises and take possession for the purpose of completing the work included under this agreenent, and may employ any other person or persons to finish the werk and to provide the materials tnerefor 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 pGrties by or as a result of the acts or omission of Contractor , nis servants or agents , in doing the work herein described, or by or as a result of any negligence in guarding the same , or on accoun't of any improper equipment or materials utilized in periorming the work . 6 . Contractor shall pricr to commencing wcrk furnish to City a certiried check or a surety bond , the form of the bond and surety comnany to be approved by the City, in the amount of Three Thousand rour Hundred rorty-rour pollars and Twelve Cents ( $3 ,444 . 12 ) , conditioned or. the per�ormance by Contractor ef all ics duties nereunder . 7 . Cont��actor agrees to File with t'r,e Ci�y prio�• to commencement of work , a certificate o` insurar,ce naming the City as coinsured and showirg that the Contractor nas in force for a period equal to the period ef the contract a policy of general liability insura;,ce insuring Contractor against liability for personal injuries and property damage aris�ng ou't of �he cor,tract in a mi::=mum amount or �100 , 000 . 00 for injury or damage to any one person and $1 , 00O , OOQ . QO for injuries or damages receivPc in any one acc�dent . Contractor agrees to p?'ot�ide and maintain during the entire tern of tne con'tract and until final acceptance of the WOrK bV thE (�lty� workers compensation insurance iOr d�l OL 1LS employees a� ��i2 S1tE O� t�?E WOTK . 8 . Upon satisfactory performance by Contractor oi its duties under this contract , and acceptance of said work by the City Engineer , City will pay Contractor the sum or Three lhousand rour Hundred rorty-rour pollars and Twelve Cents ( $3 , 444 . 12? . 9 . Time is of the essence of this agreement and Contractor agrees to begin working witrin 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 lengtt; of time , excepting extensions granted to the Contractor ror delays caused by conditions beyond his control , Contractor will pay the City for damages the sum of r^ifty Do�lars ( $50 . 00 ) per day for - 2 - . 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 cor.ditions 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 � .�`/ � �`��C� _ ona_ Fischer , City Manager ATTEST: `� - ./ ., � � ',(.,�.� ��C.,� c:1..� Juli �. Dale - Deputy City Cierk BAER & COMPANY � f✓ ��-��'��-- Carl Puchbauer - 3 -