HomeMy Public PortalAboutORD16245BILL NO. 2022-026
SPONSORED BY Councilmember Fitzwater
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH AHRENS
CONTRACTING, INC., FOR THE DEMOLITION OF THE DANGEROUS STRUCTURES
LOCATED AT 413 E CAPITOL, 517 E CAPITOL, AND 415 COMMERCIAL WAY.
WHEREAS, Ahrens Contracting, Inc., has become the apparent lowest and best bidder
for the demolitions of 413 E Capitol Ave., 517 E Capitol Ave., and 415
Commercial Way, relating to the Capitol Avenue demolitions and
acquisitions project.
NOW BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. Ahrens Contracting, Inc., is hereby approved as the best qualified firm
to provide demolition of the dangerous structures located at 413 E Capitol Ave., 517 E
Capitol Ave., and 415 Commercial Way, and its proposal is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Ahrens Contracting, Inc., to provide demolition of the dangerous
structures located at 413 E Capitol Ave., 517 E Capitol Ave., and 415 Commercial Way.
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:
GtA4,tp;
Z Approved:
Presiding Officer Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
41444/44-14
City Clerk City ney
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CITY OF JEFFERSON
DEMOLITION CONTRACT
THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and
between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as
“City”, and the Ahrens Contracting, Inc., hereinafter referred to as “Contractor”.
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 413 East Capitol, 517 E Capitol, and 415
Commercial, 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 lots 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, 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 cost for each individual property shall not exceed the amount listed in Exhibit A. The
total amount of this contract shall not exceed One Hundred Twenty Thousand Dollars and Zero Cents
($120,000.00).
3. Notice to Proceed.
Notices to Proceed shall be issued on a property-by-property basis. Contractor shall not be obligated to
perform work, nor be entitled to payment, on any particular property unless the City issues a Notice to
Proceed for such particular property. 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 the time frame
specified in the Notice to Proceed. If the Contractor does not receive such written Notices to Proceed within
six (6) months of the date last executed by a party as indicated below and if the total amount, referenced in
Paragraph 2 of this contract, does not apply or has changed, Contractor may terminate this contract.
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 a 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 liabilit y 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. Contractor shall 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 a 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 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 a 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 this contract 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.
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 th e
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:
a. This Contract
b. Addenda
c. Information for Bidders
d. 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 emplo yer
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: If to the Contractor:
City of Jefferson Ahrens Contracting, Inc.
Department of Law Attn: Patricia Ahrens
320 East McCarty Street 140 Lafayette Avenue
Jefferson City, Missouri, 65101 St. Louis, MO 63104
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]
CITY OF JEFFERSON, MISSOURI
Carrie Tergin, Mayor
Date: 1 —(Q -_2..--
ATTEST:
APPROVED AS TO FORM:
Success: All values provided Bid
Primary Responses
Success: AU data is valid!
Exhibit A
Numeric
Text
Text
Status
Bid/No Bid
Decision
Location
Quantity Unit of Measure
Required
Number of Days Landfill Site to
Unit Price to Complete Use for Debris Total Cost
Demolition Disposal
Success: All values provided Bid #0-6
#0-9
Success: All values provided Bid #0-10
Success: All values provided Bid
Success: All values provided Bid
#0-11
#0-12
413 E Capitol Ave
517 E Capitol Ave 1
415 Commercial Way
Hourly Labor Rate
Hourly Machine Rate
1
1
1
Lump Sum
Lump Sum
Lump Sum
Per Hour
Per Hour
$ 45,700.00 15 Jefferson City $ 45,700.00
Landfill
$ 34,600.00 15
Jefferson City
Landfill
$ 39,700.00
15
Jefferson City
Landfill
$ 72.50
0 0
$ 420.00
0
0
$ 34,600.00
$ 39,700.00
$ 72.50
$ 420.00