HomeMy Public PortalAboutORD16002BILL NO. 2019-084
SPONSORED BY Councilman Hussey
ORDINANCE NO. I (.o01 2.
SUBSTITITE 1
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH ARSI, INC. FOR
SELECTIVE DEMOLITION OF A STRUCTURE AT 200 E. HIGH STREET.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a contract with ARSI, Inc. relating to selective demolition of the structures at
200 E. High Street.
Section 2. The contract shall be in form and content as that agreement attached
hereto as Exhibit A. The City Administrator and appropriate City Staff are hereby
authorized to execute such documents and take such actions necessary to effectuate
the intent of this Ordinance.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed:21, 20")-0y
Ato,cf,- (—
Presiding Officer
ATTEST:
Approved:. o� 02 c_000
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Mayor Carrie Tergin
APPROVED AS TO FORM:
DEMOLITION CONTRACT
THIS CONTRACT made and entered into the date last executed by a party as indicated below,
by and between ARSI, Inc., hereinafter called the "Contractor," and the City of Jefferson,
hereinafter called the "City."
WITNESSETH: That Whereas, Contractor has become the lowest responsible bidder for
furnishing the supervision, labor, tools, equipment, materials and supplies for the demolition of
the following structures and all debris and other trash items on the lot at 200 E. High Street,
Jefferson City, Missouri, and the proper disposal in an approved landfill.
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Services: Contractor agrees to perform the services related to selective demolition of
the structure at 200 E. High Street, Jefferson City, Missouri, more particularly described as Base
Bid B in Exhibit A attached hereto.
2. Notice to Proceed: Contractor shall not begin the work to be performed until receipt of
written Notice to Proceed, after which the Contractor shall complete said work within thirty (30)
business days thereafter.
3. Insurance: Contractor agrees to obtain and maintain throughout the term of this contract:
Contractor shall procure and maintain at its own expense during the life of this contract:
A. Workmen's Compensation Insurance for all of its employees to be engaged in
work under this contract.
B. Contractor's Public Liability Insurance in an amount not less than $3,000,000 for
all claims arising out of a single occurrence and $500,000 for any one person in a
single accident or occurrence, except for those claims governed by the provisions
of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and
Contractor's Property Damage Insurance in an amount not less than $3,000,000
for all claims arising out of a single accident or occurrence and $500,000 for any
one person in a single accident or occurrence. The City shall be name as an
additional insured under this policy and the coverage required in Paragraph C
below and such coverage shall be terminated or allowed to lapse without thirty
days' written notice to the City.
C. Automobile Liability Insurance in an amount not less than $3,000,000 for all
claims arising out of a single accident or occurrence and $500,000 for any one
person in a single accident or occurrence.
D. [RESERVED]
E. Subcontracts - In case any or all of this work is sublet, the Contractor shall require
the Subcontractor to procure and maintain all insurance required in Subparagraphs
A., B., and C. hereof and in like amounts.
F. Scope of Insurance and Special Hazard. The insurance required under Sub-
paragraphs B. and C. hereof shall provide adequate protection for Contractor and
its subcontracts, respectively, against damage claims which may arise from
operations from operations under this contract, whether such operations be by the
insured or by anyone directly or indirectly employed by it, and also against any
special hazards which may be encountered in the performance of this contract.
NOTE: Paragraph F. is construed to require the procurement of Contractor's protective
insurance (or contingent public liability and contingent property damage policies) by a
general contractor whose subcontractor has employees working on the project, unless the
general public liability and property damage policy (or rider attached thereto) of the
general contractor provides adequate protection against claims arising from operations by
anyone directly or indirectly employed by Contractor.
4. Specifications, Codes and Regulations: Contractor shall comply with all appropriate
specifications and codes referred to and with all regulations, ordinances and laws of the City, the
State of Missouri, and the Federal Government, and permit reasonable inspection of all work by
authorized inspectors.
5. Asbestos Compliance: Contractor shall comply with the Missouri Air Conservation law,
RSMo. 643, Sections 225-250, Missouri regulation CFR 10.6.080, 10 CFR 6.240, and 10 CFR
6.250, EPA regulations at 40 CFR Part 61 governing asbestos, and OSHA worker protections
regulations.
6. Permits and Licenses: Contractor will obtain and pay for all permits and licenses necessary
for the completion and execution of the work and labor to be performed.
7. Debris and Material Removal: Contractor shall keep the premises clean and orderly during
the course of the work and remove all debris as it accumulates. Materials and equipment that
have been removed and replaced as part of the work shall belong to the Contractor, unless
specifically spelled -out otherwise in Exhibit A. Dispose of demolition debris in compliance with
State and Federal laws.
8. Contractor's Responsibility for Subcontractors: It is further agreed that Contractor shall be
as fully responsible to the City for the acts and omissions of its subcontractors, and of persons
either directly or indirectly employed by them, as Contractor is for the acts and omissions of
persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all
subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein
set forth, insofar as applicable to the work of subcontractors and to give Contractor the same
power regarding termination of any subcontract as the City may exercise over Contractor under
any provisions of this contract. Nothing contained in this contract shall create any contractual
relations between any subcontractor and the City or between any subcontractors.
9. Termination of Contract for Cause: If through any cause, Contractor shall fail to fulfill in a
timely and proper manner their obligations under this contract, or if Contractor shall violate any
of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the
right to terminate this contract by giving written notice to Contractor of such terminations and
specifying the effective date thereof, at least five days before the effective date of such
termination. In such event, all finished or unfinished documents and reports prepared by
Contractor under this Contract shall, at the option of the City, become its property, and
Contractors shall be entitled to receive just and equitable compensation for any work
satisfactorily completed thereunder.
Notwithstanding above, Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of Contract by Contractor, and the City may
withhold any payments to Contractor for the purpose of set-off until such time as the exact
amount of damages due to the City from Contractor is determined.
10. Termination for Convenience by the Owner: The City may terminate this contract at any
time by giving at least ten (10) days' notice in writing to Contractor. If the Contractor is
terminated by the City, as provided herein, Contractor will be paid for the time provided and
expenses incurred up to the termination date. If this contract is terminated due to the fault of the
Contractor, Paragraph 9 hereof to termination shall apply.
11. Owner's Right to Proceed: In the event this contract is terminated pursuant to Paragraph 9,
then the City may take over the work and prosecute the same to completion, by contract or
otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount
of this contract thereby occasioned by the City. In any such case the City may take possession
of, and utilize in completing the work, such materials, appliances and structures as may be on the
work site and are necessary for completion of the work. The foregoing provisions are in addition
to, and not in limitation of, the rights of the City under any other provisions of the contract, city
ordinances, and state and federal laws.
12. Indemnity: To the fullest extent permitted by law, the Contractor will indemnify and hold
harmless the City, its elected and appointed officials, employees, and agents from and against
any and all claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting from the performance of the work, provided that any such claim, damage, loss or
expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the work itself) including the loss of use resulting
therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor,
any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right or obligation of indemnity which would otherwise exist as to any party or
person described in this paragraph.
13. Payment for Labor and Materials: Contractor agrees and binds itself to pay for all labor
done and for all the materials used in the work to be completed pursuant to this contract.
Contractor shall furnish to the City a bond to insure the payment of all materials and labor used
in the performance of this contract.
14. Sales Tax Exemption: Effective August 28, 1994, Section 144.062, RSMo allows
contractors and subcontractors to purchase materials for tax exempt projects with project -specific
exemption certificates approved by the Department of Revenue. The City will supply a
certificate to the contractor for this project after approval is obtained from the Department of
Revenue.
15. Payments to Contractor: The City hereby agrees to pay Contractor for the work done
pursuant to this contract at intervals of not less than 28 calendar days upon acceptance of said
work by the Department of Planning and Protective Services, and in accordance with the rates
and/or amounts stated in the bid of the Contractor dated November 22, 2019, which are by
reference made a part hereof. No partial payment to Contractor shall operate as approval or
acceptance of work done or materials furnished hereunder. Lien releases must be provided prior
to any payment being made to the Contractor. The total amount of this contract shall not exceed Two
Hundred Eighty -Three Thousand Dollars ($283,000.00).
16. Acceptance of Final Payment as Release: Contractor's acceptance of final payment shall be
a release to the City of all claims and all liability to the Contractor.
17. Changes: City may, at any time, request changes in the scope of the work without
invalidating the contract. If such changes increase or decrease the amount due under the
Contract, or in the time required for performance of the work, an equitable adjustment shall be
authorized by Change Order. The City shall review and give final approval to all Change Orders.
18. Time for Completion and Liquidated Damages: If the Contractor fails to complete the
work within the contract time or extension of time granted by the City, then the Contractors may
be required to pay to the City the amount of $100.00/day for liquidated damages for each
calendar day that the Contractor shall be in default after the time stipulated in the contract
documents.
19. Contract Documents: The contract documents shall consist of the following:
This Contract
Addenda
Information for Bidders
Signed Copy of Bid
Work write-up
General Provisions
U.S. Department of Housing and Urban Development Supplemental General Conditions
20. Protection of Lives and Health: Contractor shall exercise proper precaution at all times for
the protection of persons and property and shall be responsible for all damages to persons or
property, either on or off the site, which occurs as a result of Contractor's prosecution of the
work. The safety provisions of applicable laws and building and construction codes, in addition
to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards,
Department of Labor, Part 1518, Safety and Health Regulations for Construction as outlined in
the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971. Title 29 — LABOR, shall be
observed and the Contractor shall take or cause to be taken, such additional safety and health
measures as the Contracting Authority may determine to be reasonably necessary.
Safety Training
a. Contractor shall provide a ten (10) hour Occupational Safety and Health Administration
(OSHA) construction safety program for all employees who will be on-site at the project.
The construction safety program shall include a course in construction safety and health
that is approved by OSHA or a similar program approved by the Missouri Department of
Labor and Industrial Relations which is at least as stringent as an approved OSHA
program as required by Section 292.675, RSMo.
b. Contractor shall require its on-site employees to complete a construction safety program
within sixty (60) days after the date work on the project commences.
c. Contractor acknowledges and agrees that any of Contractor's employees found on the
project site without documentation of the successful completion of a construction safety
program shall be required to produce such documentation within twenty (20) days, or will
be subject to removal from the project.
d. Contractor shall require all of its Subcontractors to comply with the requirements of this
section and Section 292.675, RSMo.
Notice of Penalties for Failure to Provide Safety Training
a. Pursuant to Section 292.675, RSMo, Contractor shall forfeit to City as a penalty Two
Thousand Five Hundred Dollars ($2,500), plus One Hundred Dollars ($100) for each on-
site employee employed by Contractor or its Subcontractor, for each calendar day or
portion thereof, such on-site employee is employed without the construction safety
training required in above paragraph.
b. The penalty described in Subsection a. of this section shall not begin to accrue until the
time periods described in Paragraphs b. and c. above have elapsed.
c. Violations of above paragraph and imposition of the penalty described in this section
shall be investigated and determined by the Missouri Department of Labor and Industrial
Relations.
21. Transient Employers: Every transient employer, as defined in section 285.230, RSMo,
enclosed in the laws section, must post in a prominent and easily accessible place at the work site
a clearly legible copy of the following: (1) The notice of registration for employer withholding
issued to such transient employer by the Director of Revenue; (2) Proof of coverage for workers'
compensation insurance or self-insurance signed by the transient employer and verified by the
Department of Revenue through the records of the Division of Workers' Compensation; and (3)
The notice of registration for unemployment insurance issued to such transient employer by the
Division of Employment Security. Any transient employer failing to comply with these
requirements shall, under section 285.234, RSMo, enclosed in the laws section, be liable for a
penalty of $500 per day until the notices required by this section are posted as required by that
statute.
22. Notices: All notices required to be in writing may be given by first class mail addressed to
City of Jefferson, Department of Planning and Protective Services, 320 E. McCarty, Jefferson
City, Missouri, 65101, and ARSI, Inc., PO Box 105287, Jefferson City, Missouri, 65110. The
date of delivery of any notice shall be the second full day after the day of its mailing.
23. Jurisdiction: This agreement and every question arising hereunder shall be interpreted
according to the laws and statutes of the State of Missouri.
CITY OF JEFFERSON
Carrie Tergin, Mayor
Date:— a a., d -o a o
ATTEST:
APPROVED AS TO FO
Cit'y Counselor
ARSI, INC.
Title: U CZ
Date: f 7—ZD
ATTEST:
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INCORPORATED
12/10/2019
ARSI, Inc.
ENVIRONMENTAL & DEMOLITION CONTRACTORS
P.O. Box 105287, Jefferson City, MO 65110-5287
573.896.0222 • www.arsi-mo.com
City of Jefferson
Attn: Larry Burkhardt, AIA, P.E.
320 E. McCarty Street
Jefferson City, MO 65101
RE: Second Revised Proposal for Engineering Services, Environmental Testing & Remediation, And
Structure Demolition and Related Work, North, West and South Walls of 200 E. High Street, Plus
Engineering Services, Environmental Testing & Remediation, And Structure Demolition and Related
Work, 202 E. High Street Jefferson City, MO
Larry:
Per your request, please accept the following as our second revised proposal to provide the labor, materials,
equipment and supervision necessary to work described below at 200 E. High Street, and 202 E. High Street,
as described below.
Base Bid A: $268,000.00. This is for the demolition of both 200 E. High and 202 E. High at the same time.
Base Bid B: $186,000.00. As previously discussed, this proposal reflects the work required for demolition of
the three walls (north, west and south) of 200 E. High Street, while leaving the east wall (i.e., the shared wall
between 200 and 202) in place. Our proposal includes the following:
1. Costs for a structural and civil engineering services by required for the project. See attached scope of
services from Allstate Consultants for further details. Allstate will serve as the project's registered
design professional per the City of Jefferson's building code requirements.
2. Costs for development by Allstate and implementation of the required traffic control plans, per City
of Jefferson requirements.
3. Submission of a demolition plan, per city building code requirements that has been reviewed by
Allstate.
4. Costs for site visits during demolition by Allstate, as described in their attached proposal.
5. Removal and disposal of the non -friable asbestos -containing materials from 200 E. High in areas of
the building that have collapsed. Because these asbestos -containing materials will be intermingled
with some of the demolition debris, these building materials must be disposed of as asbestos waste.
An asbestos abatement supervisor will be on site daily during demolition of the structure, per MDNR
regulations. Both ARSI and Ahrens are MDNR licensed asbestos abatement contractors, which is
required for a demolition /abatement project such as this.
6. Protection of the traffic control box on west side of 200.
7. Machine and hand demolition of the north, south and west walls of 200 E. High. See attached photo
of Ahrens' equipment to be used for this project. The structure will be demolished from the top down,
beginning with picking the metal roof deck and steel roof joists. Care will be taken to not structurally
damage the 200-202 shared wall, which will remain in place. Includes manual removal of shared wall
parapet down to the level of 202 and temporary covering of the parapet. Includes haul -off and
disposal of all of the demolition debris at Jefferson City Landfill, Jefferson City, MO.
8. Removal of the north, west and south walls down to the level of the existing stone masonry basement
walls, to a point —12" below final grade elevations. The basement slab will remain but will be broken
to allow drainage.
9. Backfill basement with the building's masonry material, topped off with 1" minus Type 1 rock, Final
grade will drain from north to south.
Alternate #1: Add $89,000.00 for the demolition of 202 E. High Street. This price assumes that work on
202 E. High Street will be scheduled and performed following the demolition of 200, and assuming that
work on 202 will begin no later than 14 calendar days after the completion of our work at 200 E. High
Street. This price includes all of the engineering, environmental and demolition items described above
for the Base Bid work, as well as backfilling the basement of 202 when work is completed with the
building's masonry materials, topped off with 1" minus Type 1 rock Final grade will drain from north to
south. Also includes water and sewer capping.
Alternate #2: Add $38,000.00 for the costs for additional mobilization, plus additional and separate
engineering services, if the demolition of 202 E. High Street is delayed or deferred beyond the 14
calendar days described in Alternate #1.
EXCLUSIONS & CLARIFICATIONS
1. Excludes costs for pre -demolition asbestos inspection of 200 E. High.
2. Our proposal is relying upon the accuracy and thoroughness of the pre -demolition asbestos inspection
performed by others. If it is discovered that this inspection was inaccurate or incomplete, additional
costs to the City for asbestos abatement may be incurred.
3. Excludes removal of any asbestos -containing materials in 200 E. High other than those described
above, i.e., the non -friable asbestos containing materials in the collapsed sections of the building. If
additional asbestos containing materials are discovered, additional costs to the City may be incurred.
4. Excludes removal of trees.
5. Excludes any temporary or permanent capping of utilities (gas, electric, water and sewer), as it is our
understanding that this has already been done by others.
6. Excludes any storm water prevention plan (if required by the City).
7. Excludes costs for shoring (temporary or permanent) of the shared wall between 200 and 202.
8. Excludes any costs for repairs and/or reconstruction of the shared wall between 200 and 202 after our
work is completed.
9. Excludes any costs for repairs and/or reconstruction work in 202 that may be occur as a result of our
demolition work at 200.
10. Excludes engineering, design, construction or any other work related that may be required for the
exterior finishes that may be required at the shared wall, after 200 is demolished.
11. Excludes permanent capping of the parapet above the shared wall.
12. Excludes any civil / site engineering drawings, plans, work (e.g., sidewalk modifications, parking lot
changes, etc.) that may be required by the City after 200 is demolished.
13. Excludes costs for city permits and/or fees (building demolition, traffic control, etc.), as we assumed
that these would be waived by the city.
14. Excludes installation of handrails, temporary or permanent, around the building after demolition is
completed, or any other site fencing or security that may be required after demolition. Also excludes
any tree replacement or any other landscape work that may be required after demolition.
15. City is responsible for removing traffic control light and all street signs along the west and north sides
of 200 E. High, prior to demolition.
16. Excludes costs for off-duty JCPD staff, if required, for weekend street closure.
17. Assumes parking lot on south side is available for construction use for the duration of the work.
18. Assumes that access to all of 202 will the available to us while we perform our work.
19. Excludes performance and payment bond, add 2% if required.
20. Our team (Allstate, Ahrens & ARSI) will cooperate with the 202 E. High's owners and engineering
firm before and during demolition, in their effort to assess the condition of the shared wall, so that
they can determine the feasibility of repairing/maintaining the existing shared wall between 200-202.
We are prepared to begin work on-site within 7 working days of receipt of a written notice to proceed from
the City. If you have any questions, do not hesitate to contact me.
Sincerely,
Inc.
rost
ice -President