HomeMy WebLinkAboutRes.3708.2026-07-06 BILL NO. 26-55 RESOLUTION NO. �769
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEMOLITION CONTRACT WITH HERZOG
EXCAVATING AND DEMOLITION LLC, FOR THE
DEMOLITION OF A BUILDING LOCATED AT 715 ELM
STREET, 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 Herzog Excavating and Demolition LLC,
for the demolition of a building located at 715 Elm 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. The officers,
agents, and employees of the City are hereby authorized to
execute all documents and take steps as they deem necessary and
advisable to carry out and perform the purpose of this
Resolution.
PASSED AND AD PTED THIS �� DAY OF , 2026.
Robert F. G a d, ayor "
ATTEST:
Courtney Davis, Deputy City Clerk
DEMOLITION CONTRACT
THIS DEMOLITION CONTRACT,hereinafter referred to as this"Contract", is entered into this 3'day of
June,2026,by and between the CITY OF CAPE GIRARDEAU,MISSOURI,a municipal corporation organized and
existing under the laws of the State of Missouri,hereinafter referred to as the "City",and HERZOG EXCAVATING
AND DEMOLITION LLC, a Missouri limited liability company,having its principal office and place of business at
24 Green Meadows Lane,Perryville,Missouri 63775, 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 property, located in the City
and County of Cape Girardeau,Missouri,hereinafter referred to as the"Property":
715 Elm Street
Scope of Work:
1. Remove all asbestos-containing materials(ACMs)in accordance with Missouri Department of
Natural Resources regulations.
2. Completely demolish and remove one-story single-family residence with basement.
3. Remove all foundations,retaining walls,footings, slabs,steps,and walkways.
4. Remove,and properly and legally dispose of, all rubbish and debris from site.
5. Deposit clean fill and grade site.
6. Apply grass seed and straw to site.
2. The Contractor shall be responsible for ensuring that all utilities are properly disconnected prior to issuance
of the demolition permit. This includes demonstrating to the Inspection Services Division that any private
sanitary sewer lines existing on the Property are not shared with/do not serve other properties. If shared lines
or lines serving other properties are found,then the contractor must.notify the Inspection Services Division
right away and suspend work until authorized to proceed. Sanitary sewer lines shall be cut and capped at the
right-of-way line or, if there is no right-of-way, at a point determined by the Inspection Services Division.
Septic tanks and cisterns shall have tops removed, be pumped out,and filled with sand.
3. All rubbish and debris shall be removed from the Property and properly and legally disposed. 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.
4. The Contractor shall be responsible for any damageto the sidewalks,alleys,or streets adjoining the Property.
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.
5. The Contractor shall provide all labor and materials, and furnish and direct, at its own expense, whatever
equipment or work that may be necessary for the expeditious and proper execution of its duties under this
Contract.
6. The Contractor shall secure, at its 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.
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7. Prior to commencing the work, the Contractor shall furnish to the City a certified check or surety bond
satisfactory to the City,in the amount of Seven Thousand One Hundred Dollars($7,100.00),conditioned on
the performance by the Contractor of all its duties hereunder.
8. Prior to commencing the work,the Contractor shall file with the City 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 Five Hundred Thirty-two Thousand One Hundred Forty-eight Dollars
($532,148.00) for injuries to any one (1) person, Three Million Five Hundred Forty-seven Thousand Six
Hundred Fifty-eight Dollars($3,547,658.00)for injuries arising from any one(1)accident,and Three Million
Five Hundred Forty-seven Thousand Six Hundred Fifty-eight Dollars ($3,547,658.00)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 its 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 its employees at the site of the work, in
full compliance with federal and state requirements.
9. Prior to commencing the work, the Contractor shall participate in a pre-demolition meeting with the
Inspection Services Division.
10. The Contractor shall complete the work herein described no later than forty-five (45) days after the date of
this Contract. In the event that the work is not completed by the forty-five (45) day deadline, 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 forty-five
(45)day deadline.
11. Upon satisfactory performance by the Contractor of its duties under this Contract, the submission of an
invoice and an executed Contractor's Affidavit Regarding Settlement of Claims,and acceptance of the work
by the City,the City shall pay the Contractor the sum of Seven Thousand One Hundred Dollars($7,100.00).
12. 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 upon the Property and
take possession of the same 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.
13. By executing this Contract, the Contractor hereby indemnifies and holds harmless the City, its officers,
employees,agents,servants,and assigns from and against any and all claims,demands,damages,judgements,
loss,liability, suits and actions of every name and description brought against the same,including attorneys'
fees and costs for witnesses or experts, resulting from, incident to, connected with or arising out of actions
or inactions taken in connection with this Contract, including but not limited to, any injuries or damages
received or sustained by any party or parties or alleged to be received or sustained by any party or parties
that may result directly or indirectly from the acts or omissions of the Contractor, its servants or agents, in
doing the work herein described,or from any negligence in guarding the same,or on account of any improper
equipment or materials utilized in performing the work.
14. By executing this Contract,the Contractor hereby certifies that it is in compliance with all applicable OSHA
training requirements.
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15. 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.
16. 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.
IN WITNESS WHEREOF,the Parties have executed this Contract as of the above date.
(Signatures on the following pages)
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CITY OF CAPE GIRARDEAU, MISSOURI
Dr. Ke eth Has'! , ity Manager
ATTEST: �,,�
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610.4441 ,_N
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(Signature) ' � `1,,�C�� "�� Via;
Cor+r 1>Vis "� 1 Lt C.k-e e �.\1
(Printed Name and Title) %'- its
\'ti,'0 T%i` ,ON, /
STATE OF MISSOURI ) \-
) SS.
COUNTY OF CAPE GIRARDEAU )
ON THIS 1 day of A , AAIII , 2026, before me, a Notary Public in and for said state,
personally appeared Dr. Kenneth Hask.' ,Cityili .- of the City of Cape Girardeau, Missouri, a municipal
corporation organized and existing unde he laws � e State of Missouri, known by me to be the person described
in and who executed the foregoing Instr.ment, ani . knowledged that said instrument was signed and sealed on
behalf of said City by authority of its City Council, . •a further acknowledged that he executed said instrument as the
free act and deed of said City for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and . -a my o lc'. in said state and county,
the date first above written. 4
iZ4i41'I
Signnat''• — 4,41,4
iit i i1
(Pri ed ame)
r
My Commission Expires: 113 1 �•
AMANDA L MCKINNEY
NOTARY PUBLIC-NOTARY SEAL
STATE OF MIS
MY COMMISSION EXPI ESOI MARRCH 3,2030
CAPE GIRARDEAU COUNTY
COMMISSION#14588193 '
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i
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( HERZOG EXCAVATING AND DEMOLITION LLC
sep Lynn H g, tuber
STATE OF MISSOURI )
SS.
COUNTY OF CAPE GIRARDEAU )
ON THIS 31 day of June,2026,before me,a Notary Public in and for said state,personally appeared Joseph
Lynn Herzog,Member of Herzog Excavating and Demolition LLC,a Missouri.limited liability company,known by
me to be the person described in and who executed the foregoing instrument, and acknowledged that he executed
said instrument as the free act and deed of said limited liability company for the purposes therein stated.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal in said state and county,
the date first above written.
(Si wnwe)
a 1'o �Y
(Printed Name)
CAROLA.PETERS
My Commission Expires: NOTARY PUBLIC-NOTARY SEAL
STATE OF MISSOURI
MY COMMISSION EXPIRES NOVEMBER 19,2028
CAPE GIRARDEAU COUNTY
COMMISSION#12684121
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City of Cape Girardeau
Demolition Bid Opening — March 30, 2026
Tabulation of Bids
1536 Big 262 East 715 Elm 620 South 919 Big Bend 1231 South 1210 South 623 South
Contractor Bend Road Cape Rock Street Henderson Road Pacific St. Benton St. Henderson
JAC3 Contracting 1,200,00 1,000 00 7,400.00 `3,200.00, 8,300.00 �},10v0.00 4,800 00
4;000 00
Putz Construction 4,200.00 4,950.00 10,075.00 5,800.00 15,325.00 7,350.00 10,850.00 5,700.00
Strack Excavating,LLC 3,500.00 3,500.00 10,000.00 5,000.00 13,000.00 7,500.00 8,500.00 10,000.00
Herzog Excavating 3,125.00 3,425.00 €7_.�1Q 90 3,500.00 16,985.00 6,750.00 7,250.00 5,300.00
44 North Lorimier Street Cape Girardeau,MO 63701 (573)339-6327
cityofcape.org