HomeMy WebLinkAboutRes.3584.10-16-2023 BILL NO. 23-157 RESOLUTION NO. 3 5i3 1)
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEMOLITION CONTRACT WITH STEVE' S
HAULING & EXCAVATING, LLC, FOR THE
DEMOLITION OF BUILDINGS AT VARIOUS LOCATIONS
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 execute a
Demolition Contract with Steve' s Hauling & Excavating, LLC, for
the demolition of buildings located at 1114 Bloomfield Street,
807 Maple Street, and 423 South Frederick Street, in the City of
Cape Girardeau, Missouri . The Contract shall be in substantially
the form attached hereto, which document is hereby approved by
the City Council, and incorporated herein by reference, with
such changes or amendments as shall be approved by the officers
of the City executing the same.
PASSED AND ADOPTED THIS j (A DAY OF QtIjpy , 2023.
kic)
Stacy Kinder, yor
ATTEST:
4 Przit/w. idea
Bruce Taylor Deputy City Clerk ; "61R4' r4.,
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4. 'pi* g:
StEAl
DEMOLITION CONTRACT ��
THJ+ D MOLITION CONTRACT, hereinafter referred to as this "Contract", is entered into this I
day of 0 , 2023, by and between the CITY OF CAPE GIRARDEAU, MISSOURI, a municipal
corporation and political subdivision of the State of Missouri, hereinafter referred to as the "City", and STEVE'S
HAULING AND EXCAVATING, LLC, a Missouri Limited Liability Company, having its principal office and
place of business at 789 County Road 416, Oak Ridge, Missouri 63769, hereinafter referred to as the "Contractor".
The City and the Contractor collectively are hereinafter referred to as the"Parties".
IN CONSIDERATION OF the mutual covenants contained herein and other good and valuable
consideration,the Parties agree as follows:
1. The Contractor shall perform all of the below-described work on the following properties, located in the
City and County of Cape Girardeau, Missouri, hereinafter referred to as the"Properties":
1114 Bloomfield Street
1. Remove vegetation around structure.
2. Remove all asbestos-containing materials(ACM) in accordance with Missouri Department of
Natural Resources regulations.
3. Completely demolish and remove one-and-one-half-story single-family residence with basement.
4. Remove all foundations, footings, slabs, steps, walkways, and driveways (excluding public
sidewalk and driveway apron between public sidewalk and street).
5. Remove all rubbish and debris and haul to a disposal site approved by the City.
6. Deposit clean fill and grade site.
7. Apply grass seed and straw to site.
807 Maple Street
1. Remove vegetation around structure.
2. Remove three(3)trees adjacent to structure(see Exhibit A,attached).
3. Remove all asbestos-containing materials(ACM) in accordance with Missouri Department of
Natural Resources regulations.
4. Completely demolish and remove one-and-one-half story single-family residence with basement.
5. Remove all foundations, footings, slabs, steps,and walkways.
6. Remove all rubbish and debris and haul to a disposal site approved by the City.
7. Deposit clean fill and grade site.
8. Apply grass seed and straw to site.
423 South Frederick Street
1. Remove vegetation around structure.
2. Remove all asbestos-containing materials(ACM)in accordance with Missouri Department of
Natural Resources regulations.
3. Completely demolish and remove one-and-one-half-story single-family residence with basement.
4. Remove all foundations, footings, slabs, steps,and walkways(excluding public sidewalk).
5. Remove all rubbish and debris and haul to a disposal site approved by the City.
6. Deposit clean fill and grade site.
7. Apply grass seed and straw to site.
2. All rubbish and debris shall be removed from the Properties and deposited at a site satisfactory to the City.
All holes left by removal of the basement, foundation, footings, etc. shall be filled with good dirt, free of
debris, and compacted to a density equal to the surrounding ground (there shall be no burying of concrete
or other materials). Dirt required for filling any holes shall be obtained from a site satisfactory to the City.
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The Contractor shall be responsible for any damage to the sidewalks, alleys, or streets adjoining the
Properties. All utilities shall be properly disconnected prior to demolition. The Contractor shall take all
necessary care to protect the nearby buildings, drives,motor vehicles, and all adjoining properties,and shall
leave the same in a condition equal to that which now exists.
3. The Contractor shall provide all labor and materials, and furnish and direct, at their own expense, whatever
equipment or work that may be necessary for the expeditious and proper execution of their duties under this
Contract.
4. The Contractor shall secure, at their own expense, all permits, licenses, and consents required by law or
necessary to perform the work and shall give all notices and pay all fees and otherwise comply with all
applicable federal, state, and local laws, ordinances, rules, and regulations.
5. Should the Contractor at any time refuse or neglect to supply adequate materials or equipment, or a
sufficient number of properly skilled workers, or fail in any respect to prosecute the work with promptness
and diligence, or fail to comply with the terms of this Contract, the City may, at its election, immediately
terminate this Contract, giving notice to the Contractor in writing of such election, and enter on the
premises and take possession for the purpose of completing the work covered under this Contract, and may
employ any other person or persons to finish the work and to provide the materials therefor at the expense
of the Contractor.
6. The Contractor shall indemnify the 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 omissions of the Contractor, their 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.
7. The Contractor shall, prior to commencing the work, furnish to the City a certified check or surety bond
satisfactory to the City, in the amount of Thirty-Three Thousand Eight Hundred Dollars ($33,800.00),
conditioned on the performance by the Contractor of all their duties hereunder.
8. The Contractor shall file with the City, prior to commencing the work, a certificate of insurance naming the
City as coinsured and showing that the Contractor has in force, for a period equal to the entire term of this
Contract, a policy of comprehensive general and professional liability insurance insuring the Contractor
against liability for personal injuries and property damage arising out of the work performed under this
Contract, in a minimum amount of Four Hundred Eighty-Eight Thousand Seven Hundred Fifty-Five
Dollars($488,755.00) for injuries to any one (1)person,Three Million Two Hundred Fifty-Eight Thousand
Three Hundred Sixty-Eight Dollars ($3,258,368.00) for injuries arising from any one (1) accident, and
Three Million Two Hundred Fifty-Eight Thousand Three Hundred Sixty-Eight Dollars ($3,258,368.00) for
property damage arising from any one (1) accident. If the State of Missouri raises the liability limits for
municipalities, then the Contractor shall increase their insurance to an amount equal to those increased
liability limits. Furthermore, the Contractor shall provide and maintain, during the entire term of this
Contract and until final acceptance of the work by the City, workers compensation insurance for all of their
employees at the site of the work, in full compliance with federal and state requirements.
9. Upon satisfactory performance by the Contractor of their duties under this Contract, and acceptance of the
work by the City, the City shall pay the Contractor the sum of Thirty-Three Thousand Eight Hundred
Dollars($33,800.00).
10. The Contractor shall complete the work herein described no later than ninety(90)days after the date of this
Contract. In the event that the work is not completed within this time frame, excepting extensions granted
to the Contractor for delays caused by circumstances beyond their control, the Contractor shall pay to the
City damages in the sum of Fifty Dollars($50.00)per day for each day over the ninety(90) day deadline.
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11. The Contractor shall not assign or sublet this Contract or any portion thereof without the prior written
consent of the City, nor shall the Contractor allow any person who is not an employee of the Contractor to
perform any of the work herein described.
12. Failure of the City to insist in any one (1) or more instances 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 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 the Parties.
(Signatures on following page)
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IN WITNESS WHEREOF,the Parties have executed this Contract as of the above date.
CITY OF CAPE GIRARDEAU,MISSOURI
Dr. Kennet askin Manager
ATTEST:
47A,k0 eatace
(,,on((,>( , City Clerk
STATE OF MISSOURI )
) SS. Ya`
COUNTY OF CAPE GIRARDEAU ) c-kr`
BE IT REMEMBERED, that on this 5 day of OA/ , 2023, before me, the
undersigned notary public, personally appeared Dr. Kenneth Haskin, City Manager of the City of Cape Girardeau,
Missouri, a municipal corporation and political subdivision of the State of Missouri, to me known to be the person
described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was
signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the
same as the free act and deed of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the State and
County aforesaid,the date first above written.said,the
r' /Notary tub c
My Commission Expires: 3 I `3\Q1 ,1
Amanda L.MCKinrey STE 'S N AND EXCAVATING LLC
Notary Public-Notary Seal
STATE OF MISSOURI
Commissioned for Oapu Girardeau
P iy Commission Expire:3/3/2026
]D#r 1458,3i93 ei Steve Pleimann, President/Manager
STATE OF MISSC/Mr )
) SS.,
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, that on this Lk; day of ,.�� . y^ , 2023, before me, the
undersigned notary public, personally appeared Steve Pleimann, President/Manager of Steve's Hauling and
Excavating, LLC, a Missouri Limited Liability Company, to me known to be the person described in and who
executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said
Limited Liability Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the State and
County aforesaid,the date first above written.
Notary Public
My Commission Expires: '
CAROL A.PETERS
NOTARY PUBLIC-NOTARY SEAL
STATE OF MISSOURI
MY COMMISSION EXPIRES NOVEMBER 19,2024 4
CAPE GIRARDEAU COUNTY
COMMISSION#12684121
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EXHIBIT A
807 MAPLE STREET
TREES TO BE REMOVED
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