HomeMy Public PortalAboutORD16124BILL NO. 2020-079
SPONSORED BY CouncilmemberHussey
ORDINANCE NO. ILO I 2,d
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MID -MISSOURI EARTH MOVERS,
LLC, IN THE AMOUNT OF $14,367.00 FOR THE DEMOLITION OF 422 E. HIGH STREET
PROJECT, AND APPROVING A SUPPLEMENTAL APPROPRIATION TO FUND THE
DEMOLITION.
WHEREAS, Mid -Missouri Earth Movers, LLC has become the apparent lowest and best bidder
on the Demolition of 422 E. High Street project.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The bid of Mid -Missouri Earth Movers, LLC is declared to be the lowest and
best bid and is hereby accepted for the Demolition of 422 E. High Street project.
Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with
Mid -Missouri Earth Movers, LLC for the Demolition of 422 E. High Street project.
Section 3. The agreement shall be substantially the same in form and content as that
agreement attached hereto as Exhibit A.
Section 4. The supplemental appropriation as set forth and attached hereto as Exhibit B
is approved.
Section 5. This Ordinance shall be in full force and effect from and after the date of its
passage and approval.
Passed: Approved: 2 / -X 21
Presiding Officer Mayor Carrie Tergin
ATTEST: APPROVED AS F
City Jerk City Attor ey
t
CERTIFICATION BY MAYOR
Pursuant to Article VII, Section 7.1(5.) Of the Charter of the City of Jefferson, Missouri, I hereby
certify that the sums appropriated in the ordinance are available in the various funds to meet the
requirements of this bill. a4444 %
Mayor Carrie TergO
"UN 1A
CITY OF JEFFERSON
DEMOLITION CONTRACT
THIS CONTRACT, made and entered into the date last executed by a party as indicated below,
by and between Mid -Missouri Earth Movers, L.L.C., 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 422 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. Scone of Services: Contractor agrees to perform the services related to demolition of the
structure and grading of lot at 422 E High Street, 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 February 16, 2021, 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 Fourteen Thousand Three
Hundred Sixty -Seven Dollars and Zero Cents ($14,367.00).
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 any 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.
5. 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.
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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 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 Right 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.
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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 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 or permitted 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 of Jefferson
Department of Law
320 East McCarty Street
Jefferson City, Missouri, 65101
If to the Contractor:
Mid -Missouri Earth Movers, LLC
Attn: Rena Kuster
4611 Tanner Bridge Road
Jefferson City, MO 65101
23. Jurisdiction: This agreement and every question arising hereunder shall be interpreted
according to the laws and statutes of the State of Missouri.
[Signatures to Follow on Next Page]
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CITY OF JEFFERSON, MISSOURI
[AMA" I P I I
ATTEST:
ZA
RAI,' ,pry,co MIN i
APPROVED'AS TO FORM:
City�tt ey
MID -MISSOURI EARTH MOVERS,
L.L.C.
isle: f
Date:
AT'T'EST:
Title:
Exhibit A
SCOPE OF SERVICE
Introduction
The City desires to contract for demolition services for 422 E High Street.
Scope of Work
A. Contractor shall provide all labor, materials, supplies, equipment, and incidentals
needed to perform demolition services of the above listed structures.
B. Contractor shall complete and submit a demolition permit application to the City
(including a plan for erosion control if needed) for review and approval.
Contractors are responsible for submitting and paying the city demolition
permit fee. The fee is $100.00. Contractor shall comply with all terms and
requirements of the permit and hold the City of Jefferson harmless for failure
to do so. The demolition permit may be found at:
https://www.jeffersoncitvino.gov/governinent/building regulations/constructi
on inspection.phn.
• Asbestos testing and abatement have been completed; however, MDNR must
be contacted by the successful bidder before work begins. Contractor shall
provide documentation to the City's Building Official.
• Lot shall be cleared of all rubbish and all unsafe or hazardous conditions
which endanger the life or health of the public
C. All utilities (gas, electric, water) shall be disconnected and removed from the
structure in accordance with utility company standards before work is started.
Documentation of utility sign -offs shall be provided to the City's Building
Official. The water and sewer disconnects shall be completed by a license
plumbing contractor.
D. Sewer lateral shall be disconnected and plugged at the lot line. The contractor
shall contact the City's Wastewater Division and the Plumbing Inspector when
the sewer lateral is plugged for verification. A sewer cleanout can be seen at the
rear of the property.
E. Water service line shall be disconnected and plugged at the water main. The
contractor shall contact the water utility and the Plumbing Inspector when the
water service is plugged for verification.
F. It is the sole responsibility of the contractor to obtain releases from all utility
companies serving the structure(s) starting that their respective service
connections and appurtenant equipment have been removed or sealed and plugged
in a safe and acceptable manner.
G. Contractor shall completely remove and dispose of the structure and all debris and
other trash items on the lot. The contractor shall abide by the City's exclusive
rights solid waste contract with Republic Services. Removal and disposal shall be
in accordance with MDNR regulation, Chapter 260, RSMO.
H. All exposed concrete, flatwork, asphalt, and stone shall be removed. The
foundation and any existing slab shall be removed.
The basement shall be filled with material that can be consolidated. This may be
well graded base rock or gravel screenings or other suitable material that can be
"walked in" or consolidated by other methods. The contractor shall not allow
wood, brick, shingles, organic or other demolition material from the structure to
be used as fill for the basement. Proposed fill material other than that listed for
backfilling shall be submitted for approval no less than five (5) working days
prior to receipt of bids. Call the Building Official for inspection prior to
backfilling the basement.
The wooden deck that exists between the building at 422 and 420 shall be
removed. The ledger board that is attached to the building at 420 shall be unbolted
and removed by hand. The contractor shall take every precaution necessary to
ensure that no damage is done to the building at 240 E. High Street. Any damage
to the building at 240 E; High shall be repaired at the contractor expense.
K. The concrete wall located at the northwest corner of the property which connects
to the structure at 420 E. High Street shall remain in place. It shall be separated
from the foundation wall of the building at 422 E. High along the existing
construction joint. Separating the wall from the foundation may require the
cutting of reinforcing steel or other connections that are not apparent by
observation alone. At the time that the western foundation wall of 422 E. High is
removed the contractor shall place of combination of 2'x2'x6' and 2'x2'x4'
concrete blocks abutting the concrete wall that is to remain and parallel to the
foundation wall that is to be removed. A diagram depicting the placement of these
blocks and containing additional information is attached as Attachment F — Wall
Plan.
L. Remove the private sidewalk on the subject property. All public sidewalks shall
remain in place. Any public sidewalk damaged in the demolition process shall be
removed and reconstructed at the contractor's expense.
M. The stumps located at the south east corner of the structure are to be removed
below the ground surface.
N. After demolition, disturbed areas and areas of fill containing rock, concrete, and
stone debris on the site shall be covered with at least six (6") of clean soil. The lot
shall be graded to match the grade of the asphalt to the east of the property. On
the western side of the property grade shall sloped to the south along the proposed
block wall. At the end of the wall the grade shall match the existing grade. No
material shall be place that would raise the grade adjacent to the foundation of the
building located at 420 E. High Street. The final grade shall not allow the
accumulation of water (ponding) and shall allow for the area to be mowed using
standard mowing equipment. The property shall be seeded and mulched with
straw. Any sediment controls, such as silt fence, shall remain in place and be
maintained by the contractor until grass is established on a minimum of 70% of
the disturbed area to prevent sediment from being transported off-site.
O. Any work requiring the closure of any portion of a street shall require the
approval of a written traffic control plan. Said plan shall be developed by the
contractor and approved by the Director of Public Works or his designee. If the
contractor's plan requests closure of one or more driving lanes of a street, for any
substantial length of time, said plan shall be developed by a registered
professional engineer.
P. Successful contractor shall have a city business license; attend a pre -demolition
meeting with City personnel to discuss construction staging, construction
schedule; and provide a Certificate of Insurance in order to receive a Notice to
Proceed.
Q. Work shall proceed continuously until complete. All work shall be completed
within fourteen (14) work days from the Notice to Proceed. A work day does not
include Saturdays, Sundays or City holidays. Also, this time includes five (5)
inclement weather days. A weather day is considered when 50% of the scheduled
work that day cannot be accomplished as shall be documented.
ATTACHMENT A -- BID FORM
Bidders shall indicate firm, fixed pricing for the sites below for demolition services as described
herein.
SUBCONTRACTORS
All subcontractors shall be listed if the bidder intends to use subcontractors.
Discount for prompt payment on invoices only % days. (Discount will not be evaluated.)
This bid is firm for qCL days.
Do you represent a disadvantaged business? YES _ NO X
Do you represent a woman -owned business? YES _ NO K
I/We the undersigned do herby certify that the information presented in this bid is true and accurate
and agree to provide the specified products and services at the price and time stated if awarded the bid.
NAME OF COMPANY "I Y 1, l SS a U.,- - r1r✓� I1(I X311 P.K,
AGENT AND TITLE Q W h .,--
ADDRESS 4-4ll 1 -`�(lpj n�� Imo-.
-171
TELEPHONF�j� 3T,�a 1 DSI �D DATE o
EMAIL ADDRESS u CO/K
SIGNATURE OF BIDDE a i —Y &4 --
Form of Business: _ Sole Proprietorship _ Partnership Corporation Limited Liability Corporation
9
Number of
Landfill Site to be
Location
Lump Sum
Days to
Earliest
Used for Debris
Cost
Complete
Start Date
Disposal
Demolition
422 E Hi Street
6191pqj
14
A5*q-9
�
SUBCONTRACTORS
All subcontractors shall be listed if the bidder intends to use subcontractors.
Discount for prompt payment on invoices only % days. (Discount will not be evaluated.)
This bid is firm for qCL days.
Do you represent a disadvantaged business? YES _ NO X
Do you represent a woman -owned business? YES _ NO K
I/We the undersigned do herby certify that the information presented in this bid is true and accurate
and agree to provide the specified products and services at the price and time stated if awarded the bid.
NAME OF COMPANY "I Y 1, l SS a U.,- - r1r✓� I1(I X311 P.K,
AGENT AND TITLE Q W h .,--
ADDRESS 4-4ll 1 -`�(lpj n�� Imo-.
-171
TELEPHONF�j� 3T,�a 1 DSI �D DATE o
EMAIL ADDRESS u CO/K
SIGNATURE OF BIDDE a i —Y &4 --
Form of Business: _ Sole Proprietorship _ Partnership Corporation Limited Liability Corporation
9
Bill 2020-079
Exhibit B
SUPPLEMENTAL APPROPRIATION
FISCAL YEAR 2020-2021 BUDGET
Parking Fund:
Revenue
62-100-495995 Transfer From (to) Surplus $ 17,367.00
Expenditure
62-620-573030 Purchase/Improve Land/Building $ 17,367.00