HomeMy Public PortalAboutORD16082BILL NO. 2020-036
SPONSORED BY Councilmember Hussey
ORDINANCE NO. /&Oo
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PREMIER
DEMOLITION FOR PROFESSIONAL SERVICES RELATED TO THE DEMOLITION
OF 519 E CAPITOL AVENUE.
WHEREAS, Premier Demolition has been selected as the firm best qualified to provide
professional services related to the demolition of 519 E Capitol Avenue.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Premier Demolition is hereby approved as the best qualified firm to
provide professional services and its proposal is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Premier Demolition.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: &A •
Presiding Officer
ATTEST:
Film, WZY,
A W"
'. " Ed
Approved: 0& . �4 20�?-o
Mayor Carrie Tergin
APPROVED AS TO FORM:
City Attor y
CITY OF JEFFERSON
DEMOLITION CONTRACT
THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by
and between Premier Demolition, located at 5710 Wise Ave., St. Louis, MO 63110, hereinafter
referred to as the "Contractor", and the City of Jefferson, hereinafter referred to as 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
residential structure and all debris and other trash items on the lot at 519 E Capitol, 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 demolition of the structure
and grading of lot at 519 E Capitol, Jefferson City, Missouri, more particularly described in Exhibit A
attached hereto. Contractor further agrees to obtain a demolition permit from the City and the Missouri
Department of Natural Resources, if necessary, prior to performing any services.
2. Payment to Contractor: The City hereby agrees to pay Contractor for 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 of stated in the
bid of the Contractor dated September 23, 2020, which are by reference made part of 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 Eighty -Seven Thousand Eight Hundred Forty -Nine
Dollars ($87,849.00).
3. 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 fourteen (14) calendar
days thereafter.
4. Insurance: Contractor agrees to obtain and maintain throughout the term 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. City shall be named as an additional insured on such policy.
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 an one person in a single
accident or occurrence. City shall be named as an additional insured on such policy.
D. 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.
E. 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 E. 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 police (or rider attached thereto) of the general contractor
provides adequate protection against claims arising from operations by anyone directly or
indirectly employed by Contractor.
S. 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.
6. Asbestos Compliance: Contractor shall comply with Missouri Air Conservation law, RSMo 643,
Sections 225-250, Missouri regulations 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.
7. 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.
8. 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 the demolition debris in compliance with State and Federal laws.
9. 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 an 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.
10. Termination of Contract for Cause: If through any cause, Contractor shall fail to fulfill in a
timely and roper manner their obligations under this contract, or if Contractor shall violate any of the
covenants, agreements, or stipulations of their 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
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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 an 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.
11. 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 10 hereof to
termination shall apply.
12. Owner's Rip -ht to Proceed: In the event this contract is terminated pursuant to Paragraph 11, then
the City may take over the work and prosecute the same to completions, by contract or otherwise, and
Contractor and its sureties shall be liable to the City for any costs over the amount 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.
13. 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.
14. 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.
15. 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
certifications 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.
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
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.
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 approve by the Missouri
Department of Labor and Industrial Relations which is at least as stringent as an
approve 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 the above paragraph.
b. The penalty described in Subsection a. of this section shall not begin to accrue until the
time period 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 Emplovers: 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
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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 or pennitted hereinunder and required to be in writing may be given
by first class mail addressed to the following addresses. The date and delivery of any notice shall be
the date falling on the second full day after the day of its mailing.
If to the City:
City ot'Jefferson
Department of Law
320 East McCarty Street
Jefferson City, Missouri, 65101
I f to the Contractor:
Premier Demolition
Attn: Ryan Buell, Project Manager
5710 Wise Avenue
St. Louis. MO 63110
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
CITY-ATkrrmwAratar A4 sY-
Date: 10
ATTEST:
APPROVED AS TO FORM:
City Attorney
CONTRACTOR
Title: f roj&-i' MKn%5er
Date: 10-R-16311
ATTEST:
Title
Exhibit A
ATTACIUMM A — BED FORM
Bidders shadf indicate firm, fixed pricing for the sites below for demolition services as described
herein
SUBCONTRACTORS
All sul=ntractors shall be listed if the bidding intends to use subcontractors.
Discount for prompt payment on invoices only 0% 0 days. (Discount will not be evaluated.)
This bid is firm for 0 days.
Do you represent a disadvantaged business? YES .2L- NO _
Do you represent a woman -owned business? YES ,_ NO 'Y
NAME OF COMPANY Premier Demolition, _Inc,
AGENT AND MU Ryan Buell. Project Mwwr/Estimator
ADDRESS 5710 Wise Ave.
St. Louis MO 63110
TELEPHONE 314-645-5566 DATE 09/2312020
EMAILADDRESS an remierdemo1iti
SIGNATURE OP BIDDER
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519E Capitol Ave
1 $87,849.00
1 30 days
1 10/26/20
1 Republic
SUBCONTRACTORS
All sul=ntractors shall be listed if the bidding intends to use subcontractors.
Discount for prompt payment on invoices only 0% 0 days. (Discount will not be evaluated.)
This bid is firm for 0 days.
Do you represent a disadvantaged business? YES .2L- NO _
Do you represent a woman -owned business? YES ,_ NO 'Y
NAME OF COMPANY Premier Demolition, _Inc,
AGENT AND MU Ryan Buell. Project Mwwr/Estimator
ADDRESS 5710 Wise Ave.
St. Louis MO 63110
TELEPHONE 314-645-5566 DATE 09/2312020
EMAILADDRESS an remierdemo1iti
SIGNATURE OP BIDDER
Farm of BM;ft s: _ sole Praprfetmft _ Pmtaasb[p X-Carpwadon _ UmU4 Lksbl Ccrp melon
HEFFERNAN INS BROKER
16100 SWINGLEY RIDGE
CHESTERFIELD, MO 63017
757748 32864 1 A130.419 PMlDS01Y 085 032864
City of Jefferson Missouri
320 EAST MCCARTY ST
JEFFERSON, MO 65101
I��'ll�lll�ll�fl�'I�II�"��IIII���I�111�11�1�11�1�1�1�'�II"�11�1
Additional insured endorsement
Name of Person or Organization
City of Jefferson Missouri
320 East McCarty ST
Jefferson, MO 65101
PR99RE11111F
COMMERCIAL
Policy number: 942471215
Underwritten by:
Progressive Casualty Insurance Co
Insured:
Premier Demolition, Inc
October 1, 2020
Policy Period: Sep 30, 2020 - Sep 30, 2021
Mailing Address
Progressive Casualty Insurance Co
PO Box 94739
Cleveland, OH 44101
1-800-444-4487
For customer service, 24 hours a day,
7 days a week
This endorsement modifies insurance provided under the commercial auto policy and any endorsements
thereto affording liability coverage.
The person or organization named above is an insured with respect to such liability coverage as is
afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of
another insured and then only to the extent of that liability. We also agree with you that insurance
provided by this endorsement will be primary for any power unit specifically described on the
Declarations Page and showing liability coverage.
Limit of Liability
Bodily Injury Not applicable
Property Damage Not applicable
Combined Liability $1,000,000 each accident
All other terms, limits and provisions of this policy remain unchanged.
This endorsement applies to Policy Number: 942471215
Issued to (Name of Insured): Premier Demolition, Inc
Effective date of endorsement: September 30, 2020 Policy expiration date: September 30, 2021
Form 1198(07/16)