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 -