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Home My WebLink AboutRES.198.05-07-1986 '' 9�EILL N0. a6-6a RESOLUTION N0. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEMOLITION CONTRACT WITH MAX G. STOVALL, D/B/A MAX STOVALL EXCAVATING COMPANY FOR DEMOLITION OF CERTAIN DANGEROUS BUILDINGS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: SECTION 1 . The City Manager of behalf of the City of Cape Girardeau, Missouri , is hereby authorized to enter into a contract with Max G. Stovall , d/b/a Max Stovall Excavating Company for demolition of certain dangerous buildings. A copy of this contract is attached to this resolution and made a part hereof . PASSED AND ADOPTED THIS -�� DAY OF , 1986 . .--- % �.,, ___j i/ f � � '% , �/"' :Z. -F" � � r /C�� Francis E . Rhodes , Mayor ATTEST: Ci��. � Alvin M. Stoverink , City Clerk <"� DEMOLITION CONTRACT � Y� This agreement, entered into this J�� day of ;�'1�j �:� , 1986 , by and between the City of Cape Girardeau;, Missouri , a Municipal Corporation, hereinafter referred to as "City" , and Max G. Stovall , d/b/a Max Stovall Excavating Company, 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 buildings: 1 . 1326 North Spanish Street (one story frame residence) 2 . 437 Rear North Middle Street (one and one-half story frame residence) 3 . 433 Rear North Middle Street (one and one-half story frame residence) 4 . 1135 South Pacific Street ( one and one-half story frame residence) 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 surroundinq 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 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 af Contractor . 5 . Contractor sha11 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 . -- rontractor shall prior to commencing work furnish to -_ City a surety��bbnd, tY�_e form of the bond and surety company to be approved by the City, -in-- the amount of Three Thousand Two Hund_red - -Fifty Dollars ( $3 , 250 .00} , conditioned on the �performance by Contractor of all its duties hereunder . %'�,'_.`l, s i�¢� 7 . Contractor agrees to file with the City prior to commencement of work , a certificate of insurance 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 arising out of the contract in a minimum amount of $100 ,000 . 00 for injury to any one person and $800 ,000 . 00 for injuries received in any one accident and for property damage arising out of the contract in the minimum amount of $100 ,000 . 00 . 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 Three Thousand Two Hundred Fifty Dollars ( $3 , 250 . 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 -2- 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 ��dHEREOF, the parties have executed this agreement at Cape Girardeau, Missouri , the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI Cp " CJ��-�-, Gary A. Eide, City Manager ATTEST: �i�i'��"'zi�, - �,�'= Alvin M. Stoverink , City Clerk MAX G. STOVALL, d/b/a MAX STOVALL EXCAVATING COMPANY , � �%' _ ,: J , , � . , P9ax G. Stovall , Owner -3-