2-IFB4356 - Demo of 812 Monroe.pdf

CITY OF JEFFERSON

REQUEST FOR BIDS

Bid No.: IFB4356

Subject: Demolition of 812 Monroe Street

Closing Date: Bids will be received no later than 1:30 p.m. on February 19, 2026. Bids should be submitted electronically. Hard-copy bids will also be accepted at the following address with the bid number and subject indicated on the envelope:

Office of the Purchasing Agent City of Jefferson 320 E McCarty St Jefferson City, MO 65101

Bids will be publicly opened at 1:30 p.m. on February 19, 2026 in the City Council Chambers.

Pre-Bid Conference: A MANDATORY prebid conference will be held on February 11, 2026 at 10:00 a.m. Questions regarding the bid specifications must be directed to Megan Stephenson.

Purchasing Agent: Megan Stephenson Mstephenson@jeffersoncitymo.gov 573-634-6324 mailto:Mstephenson@jeffersoncitymo.gov

REQUEST FOR BIDS

Demolition of 812 Monroe Street

1. Information for Bidders

A. Invitation

The City of Jefferson, herein referred to as City, invites interested, qualified, capable vendors, hereinafter referred to as contractors or bidders, to submit bids to provide demolition services at 812 Monroe Street in Jefferson City, MO.

B. Notice to Bidders

Before submitting the bid, each contractor shall become fully informed as to the extent and character of the work required.

No consideration will be granted for any alleged misunderstanding of the equipment to be used or services to be required, it being understood that the submission of a proposal is an agreement to all items and conditions referred to herein.

C. Prebid Conference

A MANDATORY prebid conference will be held on February 11, 2026 at 10:00 a.m.

at 812 Monroe Street, Jefferson City, MO. Bidders must attend the pre-bid conference for their bid to be accepted. Questions regarding the prebid conference or bid specifications must be directed to Megan Stephenson.

D. Subcontractor Listing

The general contractor shall submit the names of all principal subcontractors, if any, with the bid. Subcontractors shall be pre-approved by the City of Jefferson before commencement of any work on the project. Subcontractors should be identified on Attachment A – Pricing Form.

E. Bid Submittal

Bids should be submitted electronically through Bonfire, the City’s free electronic procurement system: https://jeffersoncitymo.bonfirehub.com.

Bids may also be submitted hard copy with the bid number (IFB4356) indicated on the outside of the envelope and must be submitted to the following address:

City of Jefferson Purchasing Agent 320 E McCarty Street Jefferson City, MO 65101 https://jeffersoncitymo.bonfirehub.com/

Bids must be received no later than 1:30 p.m. on February 19, 2026.

Bids will be publicly opened at 1:30 p.m. on February 19, 2026 in City Council Chambers at 320 E McCarty St, Jefferson City, MO.

Bids must include at a minimum:

• Pricing Form (Attachment A)

• Affidavit of E-Verify Compliance and E-Verify MOU (Attachment B)

• Anti-Collusion Form (Attachment C)

• Bid Bond

F. Evaluation and Award

Award will be made to the lowest and best bidder whose bid conforms to the solicitation that will be most advantageous to the City.

G. Contract Period

This is for a one-time contract. The contractor will have 14 days from the notice to proceed to commence with the scope of work and complete within the timeframe indicated on the pricing form unless otherwise approved by the City.

H. Withdrawal of Bids

Bidders may withdraw their bid after depositing with the Purchasing Agent at any time prior to the stipulated time for opening of such bids. No bid may be withdrawn within thirty (30) days after the opening thereof, unless obvious errors are apparent or approved by the Purchasing Agent.

I. Right to Accept or Reject Bids

The right is hereby reserved to accept or reject all or part of any bid, to waive informalities and to request new bids as the interest of the City may require.

J. Tax Exempt Status

The City of Jefferson is tax exempt by law. Do not include tax in bidding. A federal tax-exempt certificate will be furnished when requested.

K. Invoices

The contractor shall submit invoices for demolition services to the City of Jefferson, Planning and Protective Services, 320 East McCarty Street, Jefferson City, Missouri 65101. The City shall only be liable for charges as indicated on the Pricing Form.

L. Restrictive Clause

Bidders must contact the Office of the Purchasing Agent at least five (5) days prior to the bid opening if any of the specifications contain restrictive language or requirements that render him unable to bid.

M. Proprietary Products

Any piece of equipment described herein that is a proprietary product, or the use of a manufacturer or vendor’s brand name, is referenced with the intent to indicate a standard of design desired by the buyer and shall not be construed to exclude other manufacturers’ products of comparable quality. The buyer reserves the right to determine the quality of the equipment offered.

N. ADA Accommodations

Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request.

O. Federal Work Authorization Program

Bidders that meet the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, providing services exceeding $5,000, shall maintain enrollment and participation in a federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the contracted services included herein. If the contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall, prior to the performance of any services as a business entity under the contract enroll and participate in a federal work authorization program, such as E- Verify.

Bidders must, by sworn affidavit and provision of documentation (copy of E-Verify Memo of Understanding Electronic Signature Page), affirm their enrollment and participation in a federal work authorization program. Bidders shall complete and sign the Affidavit of Compliance with Section 285.525-285.550 RSMo and submit a copy of the signature page of their MOU with Homeland Security. See Attachment B, Affidavit of Compliance with Section 285.525-285.550 RSMo and sample MOU.

For bidders that are not already enrolled and participating in a federal work authorization program, E-Verify is an example of this type of program. Information regarding E-Verify is available at https://www.e-verify.gov/.

P. Federal Clauses

This project is federally funded through the U.S. Department of Housing and Urban Development (HUD), Community Development Block Grant (CDBG) program.

https://www.e-verify.gov/

Therefore, the grant requirements in Exhibit 3 – HUD Terms and Conditions, shall be fully considered in preparing responses and performing work.

Q. Compliance with Local, State, and Federal Laws

The contractor shall comply with all applicable local, state, and federal laws and regulations related to the performance of the scope of work. In addition, the bidder’s attention is directed to City Code, Chapter 17 – Licenses, Taxation and Miscellaneous Business Regulations. The contractor must also be registered and in good standing with the Missouri Secretary of State’s Office.

R. Prevailing Wage

Prevailing wage does not apply to this project.

S. Changes to Bid Documents

Changes to bid or contract documents prior to closing date will be by addendum issued by the City.

T. Termination

The City reserves the right to terminate the contract at any time, for the convenience of the City, 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.

SCOPE OF SERVICE

1. Introduction

The City desires to contract demolition services for the structure located at 812 Monroe Street, Jefferson City, MO.

2. Property Information

Address Lot Description PID Structure Description

Monroe Street

INLOT S 39.69' OF N 79.38'

OF INLOT 992 & S 39.69' OF

N 79.38' OF E 12.19' OF

INLOT 991

11-03-07-0004- 035-027

-Residential building, approximately 962 sq ft.

– 1.5 story footprint with basement -Asbestos inspection and abatement be completed prior to demolition

See site photos in Exhibit 1.

3. 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 $105.00. 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/construction_ins pection.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, electricity, water, and sewer) shall be disconnected and removed from the structure in accordance with utility company standards before work is started.

Documentation of utility signoffs shall be provided to the City’s Building Official.

No cutting of any City street is allowed without prior Public Works permission.

See Exhibit 4 for the application for street cut.

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 tap/main 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. Only Republic Services may provide roll off containers and haul to landfill. No third-party haulers may be utilized to haul waste material. Removal and disposal shall be in accordance with MDNR regulation, Chapter

260, RSMO.

https://www.jeffersoncitymo.gov/government/building_regulations/construction_inspection.php https://www.jeffersoncitymo.gov/government/building_regulations/construction_inspection.php

H. All exposed concrete flatwork, stone and asphalt shall be removed. The foundation and basement slab shall 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 will need to be submitted for approval five (5) days prior to receipt of bids. Call for an inspection prior to backfilling the basement

J. Remove driveways and sidewalks on the subject property. Any public sidewalks shall remain in place. Any public sidewalk damaged in the demolition process shall be removed and reconstructed at the contractor’s expense

K. Only trees blocking access to structures should be removed to facilitate demolition of the existing structure. Stumps shall be ground to surface level.

L. 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

M. 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 the 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 4 – Street Cut – Right of Way Permit Form.

N. 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 to receive a Notice to Proceed.

O. Work shall proceed continuously until complete. All work shall be completed within fourteen (14) workdays from the Notice to Proceed. A workday does not include Saturdays, Sundays or City of Jefferson 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 and shall be documented.

P. This project is federally funded through the CDBG program. Contractors shall abide by all required Federal, State and Local laws and conditions attached as Exhibit 3.

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 the award of the contract except to the successful bidder. Should the successful bidder fail or refuse to execute the bond and the required contract 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 total bid price. The contract number and performance date must be specified in the performance bond.

ATTACHMENT A – PRICING FORM

(Only use this form is submitting a hard copy bid. Electronic bids must submit pricing via

Bonfire Pricing Form)

Bidders shall indicate firm, fixed pricing for the site below for demolition services as described herein.

Line

Location

Lump Sum Cost

Number of Days to Complete Demolition

Landfill Site to be Used for Debris

Disposal

1.

812 Monroe Street

SUBCONTRACTORS

All subcontractors shall be listed if the bidder intends to use subcontractors.

Discount for prompt payment on invoices only ____%____ days. (Discount will not be evaluated.)

Are you a certified disadvantaged owned business? ___ Yes ___ No

Are you a certified woman-owned business? ___ Yes ___ No

I/We the undersigned do hereby certify that the information presented in this proposal is true and accurate and agree to provide the specified products and services at the price and time stated if awarded the bid. I/We also certify that I am a duly authorized representative of the business entity below and that I possess the legal authority to sign on behalf of the business for which I am acting.

NAME OF COMPANY ___________________________________________________________

AGENT AND TITLE _____________________________________________________________

ADDRESS _____________________________________________________________________

TELEPHONE ___________________ EMAIL ADDRESS _______________________________

SIGNATURE OF BIDDER ___________________________________ DATE _______________

Form of Business: __ Sole Proprietorship __ Partnership __Corporation __ Limited Liability Corporation

ATTACHMENT B

Affidavit of Compliance with Section 285.525-285.550 RSMo For All Services in Excess of $5,000.00

State of ________________________ ) ) ss County of ______________________ )

I, __________________________, am an authorized agent of _________________________ (Bidder). This business is enrolled and participates in a federal work authorization program for all employees working in connection with services provided to the City of Jefferson. This business does not knowingly employ any person that is an unauthorized alien in connection with the services being provided. Documentation of participation in a federal work authorization program (signature page of the MOU with Homeland Security) is attached to this affidavit.

Furthermore, all subcontractors working on this contract shall affirmatively state in writing in their contracts that they are not in violation of Section 285.530.1 RSMo, shall not thereafter be in violation and submit a sworn affidavit under penalty of perjury that all employees are lawfully present in the United States.

Date Affiant

Subscribed and sworn to before me this _______ day of ___________, ______.

Notary Public

My commission expires: ___________________

If bidder is an individual and does not have any employees of any sort, complete this section.

I, the undersigned, being at least eighteen years of age, swear upon my oath that I am either a United States citizen or am classified by the United States government as being lawfully admitted for permanent residence.

Date Signature

Subscribed and sworn to before me this _______ day of ___________, ______.

Notary Public

My commission expires: ___________________

Sample E-Verify Memo of Understanding – MOU Electronic Signature Page

Company ID Number: XXXXXXX

Approved by:

Employer Your Company Name

Name (Please Type or Print) John Doe

Title

Signature

Electronically Signed

Date

05/27/2019

Department of Homeland Security – Verification Division

Name (Please Type or Print) USCIS Verification Division

Title

Signature

Electronically Signed

05/27/2019

ATTACHMENT C

ANTI-COLLUSION STATEMENT

STATE OF _____________________________)

COUNTY OF ___________________________)

__________________________________________________________________ being first

NAME OF PERSON SIGNING STATEMENT

duly sworn deposes and says that he is ______________________________________ of

TITLE OF PERSON SIGNING

COMPANY NAME

that all statements made and facts set out in the bid for the above project are true and correct; and that the bidder (the person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which results from its acceptance.

Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project.

(BY) _____________________________________

(BY) ______________________________________

Sworn to before me this ________ day of ________________, 20___.

Notary Public

My commission expires: ____________________________________

ATTACHMENT D – DISADVANTAGED BUSINESS UTILIZATION AGREEMENT

A. The bidder agrees to attempt to expend at least ____% of the contract, if awarded, for

Disadvantaged Business Enterprise (DBE) for purposes of this goal, the term “Disadvantaged Business Enterprise” shall mean a business:

1. Which is at least 51 percent owned by one or more minorities or women, or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women; and

2. Whose management and daily business operations are controlled by one or more such individuals.

“Disadvantaged Group Member” or “Disadvantaged” means a person who is a citizen or lawful permanent resident of the United States, and who is:

1. Black (a person having origins in any of the black racial groups of Africa);

2. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or

Central America, or the Caribbean Island, regardless of race);

3. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands);

4. American Indians and Alaskan Native (a person having origins in any of the original peoples of North America);

5. Member of other groups, or other individuals, found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended [15 U.S.C. 637(a)].

6. A female person who requests to be considered as an DBE, and who “owns” and “controls” a business as defined herein.

Disadvantaged Business Enterprises may be employed as contractors, subcontractors, or suppliers.

B. The bidder must indicate the Disadvantaged Business Enterprise(s) proposed for utilization as part of this contract as follows:

Dollar Value of Name & Address of DBE Firms Nature of Participation Participation

Total Bid Amount: _________________ Total $ Participation: _____________

Percentage of Disadvantaged Business Enterprise Participation: __ %

C. The bidder agrees to certify that the disadvantaged business firm(s) engaged to provide materials or services in the completion of this project: (a) is a bona fide Disadvantaged Business Enterprise; and (b) has executed a binding contract to provide specific materials or services for a specific dollar amount.

Certification that the Disadvantaged Business Enterprise(s) has executed a binding contract with the bidder for materials or services should be provided to the DBE Coordinator at the time the bidder’s contract is submitted to the DBE Coordinator.

D. The undersigned hereby certifies that he or she has read the terms of this agreement and is authorized to bind the bidder to the agreement herein set forth.

Name of Authorized Officer

Signature of Authorized Officer

EXHIBIT 1 – SITE PHOTOS

812 Monroe Street

812 Monroe St approximate property lines from MidMOGIS:

Sewer main

Front of house:

Rear of house:

Interior:

EXHIBIT 2 – SAMPLE CONTRACT

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 __________________, 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 structure residential and all debris and other trash items on the lot at 915 Jefferson 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 915 Jefferson 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 ___________, 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 _________________.

3. Notice to Proceed.

Contractor shall not begin the work to be performed until receipt of written Notice to Proceed, after which the Contractor shall complete said work within fourteen (14) calendar days thereafter.

4. Insurance.

Contractor agrees to obtain and maintain throughout the term of this contract:

A. Workmen’s Compensation Insurance for all of its employees to be engaged in work under this contract.

B. Contractor’s Public Liability Insurance in an amount not less than $3,500,000 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 $3,500,000 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 $3,500,000 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 10 CFR 6.250, EPA regulations at 40 CFR Part 61 governing asbestos, and OSHA worker protections regulations.

7. Permits and Licenses.

Contractor will obtain and pay for all permits and licenses necessary for the completion and execution of the work and labor to be performed.

8. Debris and Material Removal.

Contractor shall keep the premises clean and orderly during the course of the work and remove all debris as it accumulates. Materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor, unless specifically spelled-out otherwise in Exhibit A. Dispose of the demolition debris in compliance with State and Federal laws.

9. Contractor’s Responsibility for Subcontractors.

It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of 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 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 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

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 b and c above have elapsed.

c. Violations of above paragraph and imposition of the penalty described in this section shall be investigated and determined by the Missouri Department of Labor and Industrial Relations.

21. Transient Employers.

Every transient employer, as defined in section 285.230, RSMo, enclosed in the laws section, must post in a prominent and easily accessible place at the work site a clearly legible copy of the following:

(1) The notice of registration for employer withholding issued to such transient employer by the Director of Revenue;

(2) Proof of coverage for workers’ compensation insurance or self-insurance signed by the transient employer and verified by the Department of Revenue through the records of the Division of Workers’ Compensation; and

(3) The notice of registration for unemployment insurance issued to such transient employer by the Division of Employment Security.

Any transient employer failing to comply with these requirements shall, under section 285.234, RSMo, enclosed in the laws section, be liable for a penalty of $500 per day until the notices required by this section are posted as required by that statute.

22. Federal Funds to be Used.

The City of Jefferson is a recipient of federal grant funds. Therefore, the grant requirements in Federal Aid Provisions shall be fully complied with in performing work under any resulting award.

23. 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 Contractor Department of Planning & Protective Services 320 East McCarty Street Jefferson City, Missouri, 65101

24. 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 CONTRACTOR

City Administrator Title:

Date: __________ Date: __________

ATTEST: ATTEST:

Title: Title

APPROVED AS TO FORM:

City Attorney

EXHIBIT 3 – HUD TERMS AND CONDITIONS

The City of Jefferson is a recipient of federal grant funds through HUD’s Community Development Block Grant program. Therefore, the following requirements shall be fully considered in preparing responses and performing work under any resulting award:

1. Title VI of the Civil Rights Act of 1964, as amended (Nondiscrimination of Federally Assisted Programs) Contractor will comply with all relevant requirements of Title VI of the Civil Rights Act of 1964, as amended ( 42 USC §§ 2000d–2000d-4), and implementing regulations at 24 CFR part 1, which provide that no person shall, on the basis of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance.

2. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) Contractor will comply with all relevant requirements of Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601-19, known as the Fair Housing Act), and implementing regulations at 24 CFR part 100, 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.

3. Section 109, Housing and Community Development Act of 1974 Contractor will comply with all relevant requirements of Section 109 of the Housing and Community Development Act of 1974 ( 42 U.S.C. § 5309), and implementing regulations at 24 CFR part 6 , which provide that no person shall, on the grounds of race, color, national origin, sex or religion be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any program or activity receiving federal financial assistance.

4. 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.

5. Age Discrimination Act of 1975 Contractor will comply with all relevant requirements of the Age Discrimination Act of 1975 (42 U.S.C.

§§ 6101 – 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.

6. Executive Order 11063, as amended by Executive Order 12259 (Equal Opportunity in Housing Programs) Contractor will comply with all relevant requirements of Executive Order 11063, as amended by EO 12259, and implementing regulations, which provide that no person shall, on the basis of race, color, religion, sex or national origin, be subjected to discrimination in the sale, leasing, rental, or other disposition of properties and facilities receiving federal financial assistance.

7. Equal Access to HUD-assisted or HUD-insured Housing Contractor will comply with all relevant requirements of 24 CFR § 5.105(a)(2) which provides that a determination of eligibility for housing that is assisted by HUD shall be made in accordance with the eligibility requirements provided for such program by HUD, and such housing shall be made available without regard to actual or perceived sexual orientation, gender identity, or marital status.

8. Equal Access in Accordance with Gender Identify Contractor will comply with all relevant requirements of 24 CFR § 5.106, which ensures equal access for individuals in accordance with their gender identity in programs and shelter funded under programs administered by HUD’s Office of Community Planning and Development, which includes CDBG grant program funding.

9. Equal Employment Opportunity (construction $10,000 or less; non-construction any value) During the performance of this contract, the contractor agrees as follows: 1. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, 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. 2. The contractor shall post in conspicuous places available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3.

Contractors shall incorporate the foregoing requirements in all subcontracts.

10. Equal Employment Opportunity (construction1 contract exceeding $10,000) During the performance of this contract, the contractor agrees as follows:

a. 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 affirmative action to ensure that applicants are employed, 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.

b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

c. 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 an 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 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.

1 “Federally assisted construction contract” means any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with federal funds. 41 CFR § 60-1.3. “Construction work” means the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite function incidental to the actual construction. 41 CFR § 60-1.3.

d. The contractor will send to each labor union or representative of workers with which he has 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.

e. 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.

f. 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.

g. 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.

h. 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 subcontractor or vendor. 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 subcontractor or vendor 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.

11. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)

a. The…