HomeMy Public PortalAboutORD16412BILL NO. 2023-079
SPONSORED BY Councilmember Spencer
ORDINANCE NO. /69'//Z
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PREMIER
DEMOLITION, INC, FOR THE DEMOLITION OF THE DANGEROUS STRUCTURE
KNOWN AS THE SADDLETREE FACTORY LOCATED INSIDE OF THE CITY
CONTROLLED SECTION OF THE MSP SITE ADDRESSED AS 102 N. CHESTNUT
ST.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Premier Demolition, Inc. is hereby approved as the best qualified firm
to provide services related to the demolition of the City controlled structure known as
Saddletree Factory at MSP addressed as 102 N. Chestnut St. and its proposal is hereby
accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Premier Demolition, Inc. to provide services for the demolition of the
dangerous structure known as Saddletree Factory at MSP addressed as 102 N.
Chestnut St.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: 414-4A £ J) Ali 2624 Approved: 03/05 4024 --
Presiding Offic
ATTEST:
Mayor Ron F
APPROVED AS TO FORM:
EXHIBIT A
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 Premier Demolition, Inc hereinafter referred to as "Contractor".
WITNESS ETH:
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 structure
residential and all debris and other trash items on the lot at I 02 Chestnut Street, 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 I 02
Chestnut 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 8,
2024 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 One Hundred
Forty-Four Thousand Six Hundred Eighty Dollars and Zero Cents ($ I 44,680.00).
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 fifty (50) working 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 $3,500,000 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 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 IO 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 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 the 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 l 0 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 (I) 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:
a. This Contract
b. Addenda
c. Information for Bidders
d. Signed Copy of Bid
e. Work Write-Up
f. General Provisions
g. 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 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 band 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. Regulations Pursuant to So-Called "Anti-Kickback Act" Title 18, U.S.C.
874 Kickbacks from public works employees: Whoever, by force, intimidations, or threat of procuring
dismissal from employment, or by any other manner whatsoever induces any person employed in
construction, prosecution, completion or repair of any public building, public work, or building or work
financed in whole or in part by loans or grants from the United States, to give up any part of the
compensation to which he is entitled under his contract of employment, shall be fined not more than five
thousand dollars ($5,000) or imprisoned not more than five years or both.
22. Equal employment Opportunity, Nondiscrimination, and Minority Business Enterprise
Utilization.
a. The Contractor will not discriminate against any employee or applicant for employment
because of race, color, handicap, age, religion, sex, or national origin. The Contractor will
take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to race, color, religion, sex, or national origin.
Such action shall include, but not be limited to the following: Employments, upgrading,
demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
b. The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contract, state that all qualified applicants will receive consideration from
employment without regard to race, color, religion, sex or national origin.
c. The Contractor will send to each labor union or representative or workers with which he
as a collective bargaining agreement or other contract or understanding, a notice to be
provided by the Contract Compliance Officer advising the said labor union or workers'
representatives of the Contractor's commitment under this section, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of September 24,
1985, and of the rules, regulations and relevant orders of the Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records and accounts by the
Department and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Contract or with any of the said rules, regulations or orders, this contract may be cancelled,
terminated or suspended in whole or in part and the Contractor may be declared ineligible
for further government funded contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, or as otherwise provided by law.
g. The Contractor will include the portion of the sentence immediately preceding paragraph
( 1) and the provisions of paragraphs (I) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant
to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor will take such action
with respect to any subcontract or purchase order as the Department may direct as a means
of enforcing such provisions, including sanctions for noncompliance; provided, however,
that in the event a Contractor becomes involved in or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the Department, the Contractor may
request the United States to enter into such litigation to protect the interests of the United
States.
h. The Contractor will make affirmative efforts to utilize minority business enterprises for
suppliers and subcontractors and will document his efforts to the City.
1. For contracts in excess of$10,000, equal opportunity provisions of"Exhibit A" shall apply
to this contract.
23. Training and employment of Lower Income Residents of Project Area.
a. The work to be performed under this contract is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U .S.C. 170 I u. Section
3 requires that to the greatest extent feasible, opportunities for training and employment be
given lower income residents of the project area and contracts for work in connection with
the project be awarded to business concerns which are located in, or owned in substantial
part by persons residing in, the area of the project.
b. The parties to this contract will comply with the provision of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban Development
ad all applicable rules and orders of the Department issued hereunder prior to the execution
of this contract. The parties to this contract certify and agree that they are under no
contractual or other disability that would prevent them from complying with these
requirements.
24. 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:
(I) 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.
25. Federal Funds to be Used.
The City of Jefferson is a recipient of federal grant funds. Therefore, the grant requirements in Exhibit B
shall be fully considered in preparing responses and performing work under any resulting award.
26. 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 ofJefferson
Department of Planning & Protective Services
320 East McCarty Street
Jefferson City, Missouri, 65101
If to the Contractor:
Premier Demolition, Inc
William Buell
5710 Wise Ave
St. Louis, Missouri 63110
27. 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, MISSOURI PREMIER DEMOLITION, INC
Mayor, R
Date:O3
AT
Title:
APPROVED AS TO FORM:
City t .rney
Title: Pceseciert(
Date: a-- (4.( - oZ�(
ce4,
-EXHIBIT B -FEDERAL CLAUSES
The City of Jefferson is a recipient federal grant funds through the American Rescue Plan Act of 2021.
Therefore, the following requirements shall be fully considered in preparing responses and perfonning
work under any resulting award.
Access to Records and Record Retention
Contractor shall maintain records in accordance with requirements prescribed by Treasury, the State of
Missouri, with respect to all matters covered by this contract. Such records shall be maintained for a
period of five (5) years after receipt of the final payment under this contract. If, however, any litigation,
claim or audit is started before the expiration of the five-year period, then records must be retained for
five years after the litigation claim or audit is resolved.
All documents pertaining in whole or in part to this contract shall be clearly identified and readily
accessible.
Contactormust give the State, OED, Treasury, Treasury's Office of the Inspector General, the
Government Accountability Office, the Missouri State Auditor, and their authorized representatives,
access to any records (electronic and otherwise) of Contractor related to this Subaward in order to conduct
inspections, audits, or other investigations. Contractor must also give timely and reasonable access to its
personnel for the purpose of interview and discussion related to such records.
General Reporting Obligations
The Contractor agrees to complete and submit all reports, in such fonn and according to such schedule, as
may be required by Treasury, the State of Missouri or the local government entity. The Contractor further
agrees to require any subcontractors to submit reports that may be required and to incorporate such
language in its agreements.
Breach of Contract
1. In the event of material breach of the contractual obligations by the contractor, the City may cancel the
contract. At its sole discretion, the City may give the contractor an opportunity to cure the breach or to
explain how the breach will be cured. The actual cure must be completed within no more than 10
working days from notification, or at a minimum the contractor must provide the City within l 0
working days from notification a written plan detailing how the contractor intends to cure the breach.
2. If the contractor fails to cure the breach or if circumstances demand immediate action, the City will
issue a notice of cancellation terminating the contract immediately. If it is determined the City
improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in
accordance with the contract.
3. If the City cancels the contract for breach, the City reserves the right to obtain the equipment, supplies,
and/or services to be provided pursuant to the contract from other sources and upon such tenns and in
such manner as the City deems appropriate and charge the contractor for any additional costs incurred
thereby.
4. The contractor understands and agrees that funds required to fund the contract must be appropriated by
the General Assembly of the State of Missouri for each fiscal year included within the contract period.
The contract shall not be binding upon the City for any period in which funds have not been
appropriated, and the City shall not be liable for any costs associated with termination caused by lack
of appropriations.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)
Each contractor certifies to the tier above by completing the Certification Regarding Lobbying fonn, that
it will not and has not used Federal appropriated funds to pay any person or organization for influencing
or attempting to influence an officer or employee of the City, an agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U .S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Businesses Registered to Do Business in Missouri and in Good Standing
Contractor must ensure that its vendors, contractors, or subcontractors are registered and in good standing
with the State of Missouri (unless not required by law to register under law) by checking the entity on the
Missouri Secretary of State's business entity search or by requiring a copy of a certificate of good
standing.
Energy Policy and Conservation Act
The contractor must comply with standards and policies relating to energy efficiency which are contained in
the state energy conservation plan (Missouri Office of Administration's Comprehensive State Energy
Plan) issued in compliance with the Energy Policy and Conservation Act(Pub. L.94A 163,89Stat.871).
Clean Air Act (42 U.S.C. 7401-767lq.) and Federal Water Pollution Control Act (33 U.S.C. 1251-
1387)
The contractor must comply with the Federal Clean Air Act(42 U.S.C. 7401 -767lq), as amended, and
the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Failure to abide by these
laws is sufficient grounds to cancel the agreement. By agreeing to this agreement, the contractor certifies
that the contractor, its board of directors and principals are following these specific federal laws. Further,
the contractor shall report to the City any instance in which the contractor or any member of its board of
directors or principals is determined by any administrative agency or by any court in connection with any
judicial proceeding to be in noncompliance with any of these specific federal laws. Such report shall be
submitted within ten (10) working days following such determination. Failure to comply with the
reporting requirement may be grounds for tennination of this agreement or suspension or debarment of
the contractor.
New Restrictions on Lobbying (contracts exceeding $100,000).
The contractor certifies, to the best of its knowledge and belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to
any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit
Standard Form-LLL," Disclosure Fonn to Report Lobbying," in accordance with its instructions; and In
addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by
the non-Federal entity under the Federal award must contain provisions covering the following, as
applicable.
iii. Contractor must require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed prerequisite for
malcing or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $ I 0,000 and not
more than $100,000 for each such failure.
Compliance with Federal, LO(:al and State Laws
The contractor shall be bound by, and comply with all applicable federal, state, and local laws and regulations,
including but not limited to2 CFR Part 200 Appendix II (Contract Provisions for non-Federal Entity Contracts
Under Federal Awards) and 24 CFRParts 570.
Contract Work Houn and Safety Standards Act (40 U.S.C. 3701 -3708)
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which they are employed on such work to work in
excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a
rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
2. Violation; liability for tmpaid wages; liquidated damages. In the event of any violation of the clause
set forth in paragraph (b) (1) of this section the contractor and any subcontractor responsible there for
shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of Columbia or a territory,
to such District or to such territory), for liquidated dwnages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (b) (1) of this section, in the sum of $10 for
each calendar day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by the clause set
forth in paragraph (b) (1) of this section.
3. Withholding for unpaid wages and liquidated damages. The contractor shall upon its own action or
upon written request ofan authorized representative of the Department of Labor withhold or cause to
be withheld, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime contractor,
or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (b)(2) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (b) (1) through (4) of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance
by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b) ( 1)
through ( 4) of this section.
5. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of
the work and shall preserve them for a period of three years from the completion of the contract for
all laborers and mechanics, including guards and watchmen, working on the contract. Such records
shall contain the name and address of each such employee, social security number, correct
classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions
made, and actual wages paid. The records to be maintained under this paragraph shall be made
available by the contractor or subcontractor for inspection, copying, or transcription by authorized
representatives of the City and the Department of Labor, and the contractor or subcontractor will
pennit such representatives to interview employees during working hours on the job.
6. Contracts for construction, alteration, and repair, including painting and decorating, must provide that
no contractor or subcontractor contracting for any part of the contract work shall require any laborer
or mechanic employed in the perfonnance of the contract to work in surroundings or under working
conditions that are unsanitary, hu.ardous, or dangerous to health or safety, as established under
construction safety and health standards the Secretary of Labor prescribes by regulation based on
proceedings pursuant to section 553 of title 5, provided that the proceedings include a hearing similar
in nature to that authorized by section 553 of title 5.
Debarment and Suspension (Executive Orders 12549 and 12689)
A contract award will not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM), in accordance with the 0MB guidelines, 2 CFR 180. SAM exclusions
contain the names of parties debarred, suspended or otherwise excluded by agencies as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Section 504 of the Rehabilitation Act of 1973
Contractor will comply with all relevant requirements of Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. § 794), and implementing regulations, which provide that no otherwise qualified person shall,
solely by reason of his or her disability, be subjected to discrimination in any program or activity
receiving federal financial assistance.
Age Discrimination Act of 1975
Contractor will comply with all relevant requirements of the Age Discrimination Act of J 975 ( 42 U.S.C.
§§ 610 I -6107), and implementing regulations, which provide that no person shall, on the basis of age,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
Title VI of the Civil Rights Act of 1964, as amended (Nondiscrimination in Federally Assisted
Programs)
The contractors, subcontractors, successors, transferees, and assignees shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race,
color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's
Title VI regulations, 31 CFR part 22, which are herein incorporated by reference and made a part of this
agreement. Title VI also includes protection to persons with "Limited English Proficiency" in any
program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by
the Department of the Treasury's Title VI regulations 31 CFR part 22, and herein incorporated by
reference and made a part of this agreement.
Equal Employment Opportunity
During the perfonnance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will
take aff'mnative action to ensure that applicants are employ~d, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, City that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to a formal complaint or
charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which they have a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs ( 1) through (8) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or
subcontractor. The contractor will take such action with respect to any subcontract or purchase order
as the administering agency may direct as a means of enforcing such provisions, including sanctions
for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation
with a contractor or subcontractor as a result of such direction by the administering agency, the
contractor may request the United States to enter into such litigation to protect the interests of the
United States. ·
Executive Order 13166 Improving Access to services for Persons with Limited English Proficiency
Contractor acknowledges that federal Executive Order 13166, "Improving Access to Services for Persons
with Limited English Proficiency," seeks to improve access to federally assisted programs and activities
for individuals who, because of national origin, have Limited English Proficiency ("LEP"). Contractor
understands that denying a person access to its programs, services, and activities because of LEP is a form
of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and Treasury's
implementing regulations. Accordingly, Contractor must initiate reasonable steps, or comply with
Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and
activities. Contractor understands and agrees that meaningful access may entail providing language
assistance services, including oral interpretation and written translation where necessary, to ensure
effective communication in Contractor's programs, services, and activities.
Title VIII of the Civil Rights Act or 1968 (Fair Housing Act)
Contractor will comply with all relevant requirements of Title VIII of the Civil Rights Act of I 968 ( 42
U.S.C. §§ 3601-19, known as the Fair Housing Act), and implementing regulations, which provide that no
person shall, on the basis of race, color, religion, sex, familial status, national origin, or disability, be
discriminated against in the sale, rental, and financing of dwellings, and in other housing-related
transactions.
Title D of the Americans with Disabilities Act (all services, programs, and activities provided or
made available by public entities)
Contractor will comply with all relevant requirements of Title II of the Americans with Disabilities Act
(42 U.S.C. 12101 et seq.) and implementing regulations, which prohibits discrimination on the basis of
disability in services, programs, and activities provided or made available by state or local governments
or instrumentalities or agencies thereto.
Procurement or Recovered Materials
The contractor must comply with section 6002 of the Solid Waste Disposal Acts as amended by the
Resources Conservation and Recovery Act. The requirements of this section include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain
the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services
in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401)
If the contractor produces subject matter, which is or may be patentable in the course of work sponsored
by this agreement, the contractor shall promptly and fully disclose such subject matter in writing to the
City. In the event that the contractor fails or declines to file Letters of Patent or to recognize patentable
subject matter, the City reserves the right to file the same. The City grants to the contractor the
opportunity to acquire an exclusive license, including the right to sublicense, with a royalty consideration
paid to the City. Payment of royalties by contractor to the City will be addressed in a separate royalty
agreement.
Termination
1. Tennination for Cause. The City may tenninate this agreement, in whole or in part, at any time before
the date of completion whenever it is detennined that the contractor has failed to comply with the
terms and conditions of the agreement. The City shall promptly notify the contractor in writing of
such a determination and the reasons for the termination, together with the effective date. The City
reserves the right to withhold all or a portion of funds if the contractor violates any term or condition
of this agreement. Termination for cause may be considered for evaluating future agreements. The
contractor may object to tenninations with cause and may provide information and documentation
challenging the termination.
2. Tennination for Convenience. Both the City and the contractor may terminate the agreement, in
whole or in part, when both parties agree that the continuation of the project would not produce
beneficial results commensurate with the further expenditure of funds.
3. The City reserves the right to terminate the contract at any time, for the convenience of the State of
Missouri, without penalty or recourse, by giving written notice to the contractor at least thirty (30)
calendar days prior to the effective date of such termination. The contractor shall be entitled to
receive compensation for services and/or supplies delivered to and accepted by the City pursuant to
the contract prior to the effective date of termination.
Domestic Preference for Procurements
As appropriate, and to the extent consistent with Jaw (including 2 C.F.R. §200.322), the contractor
should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of
goods, products, or materials produced in the United States. This includes, but is not limited to iron,
aluminum, steel, cement, and other manufactured products.
Anti-Discrimination against Israel Act (§ 34.600, RSMo, passed in 2020)
Contractor certifies that it is not currently, and will not for the duration of the contract, engage in a
boycott of goods or services from: (a) the State of Israel; (b) companies doing business in or with Israel or
authorized by, licensed by, or organized under the laws of the State of Israel; or(c) persons or entities
doing business in the State of Israel, and agrees to not engage in these activities for the duration of this
contract.
Prohibition on certain telecommunications and video surveillance services or equipment
Contractors are prohibited from obligating or expending project funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or
systems that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described in Public
Law 115-232, section 889, covered telecommunications equipment is telecommunications
equipment produced by Huawei Technologies Company or ZTE Corporation ( or any subsidiary
or affiliate of such entities).
a. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
b. Telecommunications or video surveillance services provided by such entities or using
such equipment.
c, Telecommunications or video surveillance equipment or services produced or provided
by an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to. the
government of a covered foreign country.
4. In implementing the prohibition under Public Law 115-232. section 889, subsection (f).
paragraph ( 1 ), heads of executive agencies administering loan, grant, or subsidy programs shall
prioritize available funding and technical support to assist affected businesses. institutions and
organiz.ations as is reasonably necessary for those affected entities to transition from covered
communications equipment and services, to procure replacement equipment and services, and to
ensure that communications service to users and customers is sustained.
5. See Public Law 115-232, section 889 for additional infonnation.
6. See also§ 200.471.
Disadvantaged Business Enterprise Statement
Contractors bidding on City contracts funded in whole or in part by assistance from a federal agency shall
take the following affinnative steps to assure that small. woman owned, and minority businesses are
utiliz.ed when possible as sources of supplies, services and construction items.
a. Contractors will submit the name and other infonnation, if any, about their DBE sub-
contractors along with their bid submissions.
b. Sufficient and reasonable efforts will be made to use qualified DBE sub-contractors when
possible on City contracts.
c. Qualified small. woman owned, and minority businesses will be included on solicitation lists
as sub-contractors for City supplies, services, and construction.
d. Qualified small, woman owned, and minority businesses will be solicited whenever they are
potential sources.
e. When economically feasible, contractors will divide total requirements into smaller tasks or
quantities so as to pennit maximum small, woman owned, and minority business participation.
f. Where the requirements pennit, contractors will establish delivery schedules which will
encourage participation by small, woman owned and minority businesses.
Contractors will use the services and assistance of the Small Business Administration, the Office of Equal
Opportunity, and the Community Services Administration.
Bonding Requirements
2 CFR § 200.326 Bonding requirements.
For construction or facility improvement contracts or sub contracts exceeding the Simplified Acquisition
Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and
requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity
has made a determination that the Federal interest is adequately protected. If such a detennination has not
been made, the minimum requirements must be as follows:
(a)A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee"
must consist of a firm commitment such as a bid bond. certified check, or other negotiable instrument
accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such
contractual documents as may be required within the time specified.
(b )A performance bond on the part of the contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all the
· contractor's requirements under such contract.
(c)A payment bond on the part of the contractor for 100 percent of the contract price. A "payment
bond,. is one executed in connection with a contract to assure payment as required by law of all persons
supplying labor and material in the execution of the work provided for in the contract.
Prohibition on Employment of Unauthorized Aliens/E-Verify Participation Requirement
Pursuant to subsection 1 of section 285.530, RSMo, no contractor or subcontractor shall knowingly
employ, hire for employment, or continue to employ an unauthorized alien to perform work within the
state of Missouri.
Contractor covenants that it is not knowingly in violation of subsection l of Section 285.530, RSMo, and
that it will not knowingly employ, hire for employment, or continue to employ any unauthorized aliens to
perform work on the Project, and that its employees are lawfully authorized to work in the United States.
Pursuant to section 285.530, RSMo, for contracts in excess of $5,000, Contractor affirms its enrollment
and participation in a federal work authorization program (as of the date hereof, the Employment
Eligibility Verification Program (E-Verify) authorized by the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, as amended).
In accordance with sections 285.525 to 285.550, RSMo, a general contractor or subcontractor of any tier
shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who
violates subsection I of section 285.530, RSMo, if the contract binding the contractor and subcontractor
affirmatively states that:
a. The direct subcontractor is not knowingly in violation of subsection 1 of section285.530,
RSMo, and shall not henceforth be in such violation.
b. The contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting
to the fact that the direct subcontractor's employees are lawfully present in the United States.
State Prevailing Wage
Contractor will comply with the State of Missouri Prevailing Wage requirements.
Text Messaging while Driving
Federal Executive Order 13513, 74FR51225
Contractor is encouraged to adopt and enforce policies that ban text messaging while driving.
Exhibit A
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.jeffersoncitymo.gov/government/building regulations/constructi
on inspection.php.
• MDNR must be contacted by the successful bidder before work begins.
Contractor shall provide documentation to the City's Building Official.
Asbestos inspection and asbestos abatement have previously been completed.
• 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, and sewer) 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.
D. Sewer lateral shall be disconnected and plugged at the main by a Jefferson City
licensed plumbing contractor. The contractor shall contact the Plumbing Inspector
when the sewer lateral is plugged for verification.
E. Water service line shall be disconnected and plugged at the lot line by a Jefferson
City licensed plumbing contractor. 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) stating 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, stone and asphalt inside the designated demolition
site as identified by the photo labeled "Demo Site Boundary" in Exhibit 1, shall
be removed. The large retaining wall on the southwest side of the demolition site
is to remain in place. The foundation and the basement slab will need to be
removed entirely prior to fill.
I. 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 driveway asphalt in less than
6-inch cubes may be used if worked into the other backfill). 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.
J. After demolition, disturbed areas of the site shall be covered with at least 6" of
clean soil. Lot shall be graded to match the existing slope and property lines. The
final grade shall not allow the accumulation of water (ponding) and shall facilitate
mowing of the entire site. The property shall be seeded and mulched with straw
punched to prevent blowing. 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.
K. Contractor may remove section of chain link fence to allow access to demolition
site. Upon completion of job, fencing must be returned to its previous state.
L. All excavations within any right-of-way or roadway of the City shall be backfilled
and pavement/sidewalk restored in conformance with the description and details
contained in the City of Jefferson's Standard Construction Drawings and
Technical Specifications available at:
https://www.ieffersoncitymo.gov/ government/developer resources forms.php.
M. Contractor shall provide safe guards to prevent damage to wall, guard towers, and
. railroad tracks from machinery or materials.
N. Demolition related debris is to be removed from site. No other debris or materials
are to be taken from the site without prior written authorization from the City.
0. 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
length of time, said plan shall be developed by a registered professional engineer.
See Exhibit 5 -Street Cut-Right of Way Permit Form.
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 quoted work days starting 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.
4. Insurance
The contractor shall obtain and maintain throughout the term of the contract all insurance
as specified in the sample contract. See Exhibit 2 -Sample Contract.
5. Bid Bond
Each bid must be accompanied by a certified check or bid bond made payable to the City
of Jefferson for five (5%) percent of the amount of the bid. Bid securities will be
returned after award of the contract except to the successful bidder. Should the
successful bidder fail or refuse to execute the bond and the contract required within seven
(7) days after he has received notice of acceptance of his bid, he shall forfeit to the City
as liquidated damages for such failure or refusal, the security deposited with his bid.
6. Performance and Payment Bond
The contractor shall furnish an original performance bond (no copy or facsimile is
acceptable), cashier's check, certified check, cash, bank draft, or irrevocable letter of
credit to the City, within ten (10) days after award of the contract and prior to the start of
any work to insure payment of all materials and labor used in the performance of the
contract and to fully complete the project in a satisfactory and timely manner. Personal or
company checks shall not be accepted. The performance bond shall be made payable to
the City of Jefferson in an amount equal to the amount of the total bid price. The contract
number and performance date must be specified in the performance bond.
Bond No. 100337297
Init.
pll.AIA Document A312TM
Performance Bond
CONTRACTOR:
(Name, legal status and address)
Premier Demolition, Inc.
5710 Wise Avenue
St. Louis, MO 63110
OWNER:
(Name, legal status and address)
City of Jefferson City
320 E. McCarty Street
Jefferson City, MO 65101
CONSTRUCTION CONTRACT
Date: 2/14/2024
2010
SURETY:
(Name, legal status and principal place
of business)
Merchants Bonding Company (Mutual)
6700 Westown Parkway
West Des Moines, IA 50266
Amount: One Hundred Forty-four Thousand Six Hundred Eighty And No/100
($144,680.00)
Description:
(Name and location)
Demolition of Saddletree Factory - 102 Chestnut Street
BOND
Date: 2/15/2024
(Not earlier than Construction Contract Date)
Amount: One Hundred Forty-four Thousand Six Hundred Eighty And No/100
($144,680.00)
Modifications to this Bond: ® None ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Premier Demolition, Inc. Merchants Bo
Signature:(1 L� -""L' t nature:
Name (i4,rn Il), bu_tA(
and Title f ld1.n and Title: Attorney -in -Fact
(Any additional signatures appear on the last page of this Performance Bond.)
(Corporate Seal)
g Compa
Name Thomas O. Chambers
(FOR INFORMATION ONLY — Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Shorewest Surety Services, Inc.
2626 49th Drive
Franksville, WI 53126
(262) 835-9576
(Architect, Engineer or other party:)
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
AIA Document A312TM — 2010. The American Institute of Architects.
061110
1
§1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless
the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten
(10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment
or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
Init.
AIA Document A312" — 2010. The American Institute of Architects.
2
§ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of this Paragraph
are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Init.
AIA Document A312"" — 2010. The American Institute of Architects.
3
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
Init.
AIA Document A312'" — 2010. The American Institute of Architects.
4
Bond No. 100337297
Init.
AIA Document A312TM
Payment Bond
CONTRACTOR:
(Name, legal status and address)
Premier Demolition, Inc.
5710 Wise Avenue
St. Louis, MO 63110
OWNER:
(Name, legal status and address)
City of Jefferson City
320 E. McCarty Street
Jefferson City, MO 65101
CONSTRUCTION CONTRACT
Date: 2/14/2024
2010
SURETY:
(Name, legal status and principal place
of business)
Merchants Bonding Company (Mutual)
6700 Westown Parkway
West Des Moines, IA 50266
Amount: One Hundred Forty-four Thousand Six Hundred Eighty And No/100
($144,680.00)
Description:
(Name and location)
Demolition of Saddletree Factory - 102 Chestnut Street
BOND
Date: 2/15/2024
(Not earlier than Construction Contract Date)
Amount: One Hundred Forty-four Thousand Six Hundred Eighty And No/100
($144,680.00)
Modifications to this Bond: ® None 0 See Section 18
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Premier Demolition, Inc.
SURETY
Company: (Corporate Seal)
Merchants Bo .. g Company (Mutual
Signature: Signature:
Name Name Thomas • .
and Title: and Title: Attorney -in -Fact
(Any additional signatures appear on the last page of this Payment Bond)
This document has important legal
consequences. Consultation with
an attomey is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
(FOR INFORMATION ONLY — Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Shorewest Surety Services, Inc. (Architect, Engineer or other party.)
2626 49th Drive
Franksville, WI 53126
(262) 835-9576
AIA Document A312' — 2010. The American Institute of Architects.
081110
5
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the
Construction Contract, which is incorporated herein by reference, subject to the following terms.
§ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)
of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (90) days after having last
performed labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at
the address described in Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's
fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the work.
Init.
AIA Document A312'. — 2010. The American Institute of Architects.
6
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf
of, Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be
sufficient compliance as of the date received.
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to
include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were
furnished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
Init.
AIA Document A312'. — 2010. The American Institute of Architects.
7
§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
Init.
AIA Document A312TM — 2010. The American Institute of Architects.
8
MERCHANT
BONDING COMPANY,.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC.,
both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the
"Companies") do hereby make, constitute and appoint, individually,
David J Rudnik; Eric Olson; Kimberly Rasch; Thomas 0 Chambers; Todd Schaap
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds. undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of
persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
or proceedings allowed by law
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of
MerchantsNational Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond. undertaking, recognizance, or other suretyship obligations of the
Company. and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February 2024
..10Nq ' . \NG cj,,
QZ -0- o:o: .�:_ -o-
:Z •z: 3
.;%. 2003 .•c). y. 1933 ;•y By
•
�W.. .: fit,:
STATE OF IOWA •., i7 •
COUNTY OF DALLAS ss
On this 3rd day of February 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies. and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
�PR
'A4 Penni Miller
O v Commission Number 787952
• .•.a • My Commission Expires
January 20, 2027
IOWA
(Expi ation of notary's commission does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 15th day of February , 2024 .
Secretary
POA 0018 (1/24)
STATE OF WISCONSIN )
COUNTY OF Kenosha
ON THIS 15th day of February
2024
before me, a notary public, within and for said County and State, personally appeared
Thomas 0. Chambers to me personally known, who being duly sworn,
upon oath did say that he is the Attorney -in -Fact of and for the
Merchants Bonding Company (Mutual) , a corporation
of Iowa
, created, organized and existing under and
by virtue of the laws of the State of Iowa ; that the corporate seal
affixed to the foregoing within instrument is the seal of the said Company; that the seal
was affixed and the said instrument was executed by authority of its Board of Directors;
and the said Thomas 0. Chambers did acknowledge that he/she
executed the said instrument as the free act and deed of said Company.
KimberlfS. Rasch
Notary Public, Kenos Coen % Wisconsin
My Commission
: NO TAR