HomeMy Public PortalAboutORD15226 BILL NO. 2013-129
SPONSORED BY COUNCILMAN Prather
ORDINANCE NO. 15'�R '� 62
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH OUTDOOR
WARNING CONSULTING, LLC.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 13he Mayor and City Clerk are hereby authorized and directed to
execute an agreement with Outdoor Warning Consulting, LLC for repair of two warning
sirens.
Section 2. The agreement shall be substantially the same in form and content as
the agreement attached hereto as Exhibit 1.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: /l� Approved: v� 7
Presiding Officer Mayor
ATTEST: _ APPR /ED AS TTO� FORM:
City Cler V City Counselor
FINANCE DEPARTMENT
PURCHASING DIVISION .
SUBJECT: SS 2721 Sole Source—Outdoor Warning Siren Repair
Police Department
BIDS RECEIVED:
Outdoor Warning Consulting, LLC, Jefferson City, MO $44,326.00
FISCAL NOTE:
10-185-521020—Insurance Deductible
FY2014 Budget $ 30,000.00
Encumbered $ -0-
Expensed $ 2,550.76
SS 2721 $ 44.326.00
Balance* ( $ 16,876.76)
*Insurance reimbursement will be received in the amount of$34,369.40.
PAST PERFORMANCE:
The vendor has provided equipment as specified and bid in the past. This vendor provided the
warning sirens under Bid 2569 as specified and bid in 2012-13.
RECOMMENDATION:
Staff recommends an award to Outdoor Warning Consulting, LLC of Jefferson City, Missouri in
the amount of$44,326.00 for the purchase and installation of repair parts to two sirens
ATTACHMENTS - SUPPORTING DOCUMENTATION
Signature
/( '
�Ut�`c-i�h " r 'LP.f�LS;Y z� ) � ? '' 'l.
Purchasin j Agent Chief ofpolice
Outdoor 1Varnino Con-suliino LLC.
Salca Icsr:illati<,a wCr ire
1%Avquri CranmU!NRC_fivr twei c--rear,-'
Quote
DATE: October i 8. 2013
TO: Jefferson Cite Police Department
Attn: Lt. Pandv Uampf
401 -Monroe Street
Jefferson Cior. MO. 65 101
SUBdF.Cf: Li`hmine Damaee Unit Quote
On Octobcr 10. 2013 we evaluated two outdoor%'amine unit sites. We found visual
li-hurins damnLe or, both units. We send in some components to thz factory for
ev uation. ev confirmed the damaic was caused by linhuiine. We discussed the two
units with the factory.dewed the pictures and the extent of damage. We would
recommend the repair of each unit with the following components.
Nliliti3 Drive Location
I \CEl_1.29T Top cell kit S1.910.00
1 46-076A185-0 l speaker cable S 750.00-�'
1 46-076A 188-00 speaker cable S 210.OtY'�
8 400 watt speaker drivers @ S718.00 each S5_744.0)--'
9 -100 watt Amplifiers a 5485.00 each 54,36?.00�
Mother boards to S250.00 each
1 3030 Controller S 9j0.00 `
1 Radio S 1.730.0(f�
I 02-016ti32-00 Amp Status Board S 75.001-'
I STATUS S 325.00J
I Solar Power Charger S 435.00',
I Shipping(Estimated) 5 300.0(1'
I I..atxrr and bucket truck(Estimated) g5_200,00✓ /
TOTAL S22.594.00
1203 ,u3icrset l,t3nr Jetlk:Non tCif ?+la). till ul
Fire Station 03
1 Cap S 330.00
I 46-076A 185-0 1 speaker cable S 750.00/
I 46-076AI88-00 speaker cable S 210.00r
9 400 watt speaker drivers Q $718.00 each 56,46200
9 400 wan Amplifiers @$485.00 each 54.365.00
2 Mother boards @ 5250.00 each S 500.00r
1 2030 Controller S 950.00—
1 Radio 51,730.00'
1 STATUS S 75.00
1 Solar Power Charger S 435.W
-
I 02-016A352-00 Amp Status Board S 325.00
1 Shipping(F ) S 400.00
1 Labor and bucket truck (Estimated) $5.200.00 11
TOTAL 521.732.00
Net 30 Days
REPAIR I-NNOICE
j. 1 q i uvvo, :nt tam. I .t a r P-%T< I ?aZmxc , 7
I ;
Page I of 1
FW: Lightninj Damage Siren- l.inita Ounie
Maddox. Lauren
to:
Grey Stidham
10/18n013 03:43 PINT
Show Details
I listory: This messa—ge has hcen replied to.
From: Outdoor Waning Consulting [mellto:tY T 1 16cmcamrta i.c ..
Sent Friday, October 18, 2013 2:51 PM
To: Dampf, Randall; Maddox, Lauren
Subject: Lightning Damage Sirens Units Quote
Good Aftcmuun!
Attached is a quote lu repair the tun lightning damaged siren units. We inspected each unit on October
10. 2013. The attached component list is the items we found not functioning. We visually inspected the
outside of the speaker assembly and Imind no cracks. We did not o n each cells to look inside. %V
not think. but there could be additional damage in the ce s.
Ihlivcry of the parts will take two to tour weeks ARO Chester_CT. Depending on the weather we should
be able to start on the project immediately.
Please contact us if you have any questions.
Thanks.
Sieve
Steve Ce irlock
Outdoor Waming Consultin_e LLC
1203 Somerset Laue
Jetcnion Citv. MO. 65101
5733-635-0961i
573-536-62631:ac
email n+s;-}tii:ur:mr�runuil.«?tn
This email has been scanned by the Svmantcc Entail Security.cioud srn-ice.
For more information please visit stn: hvi+ttssrn^.rt-rinutrnm
tle1iCM)ocumert_s and Sett ngs*-Z=stid\Loc aJ Settin_s,Temp,noicsDCFA05.—web 2.990.htm 1215."_'013
?;�hL�r'S .;JC.�.. Lr(��.i;J75 �i.LCi�LC�ii:[, _
6
Crawford & Company
Insured: City of Jefferson
Property: 290 Rock Road Hill
Jefferson City,MO 65101
Business: 401 Monroe Street
Jefferson City,MO 65101
Claim Rep.: Greg Stidham Business: (316)259-0461
Business: 1104 West Davis
Fayette.MO 65248
Estimator: Greg Stidham Business: (316)259-0461
E-mail: Greg_Stidham @us.ctawco.
com
Business: 1104 West Davis
Fayette,MO 65248
Clain Number: 063999-00000401 Policy Number: HCS 100241 Type of Loss: Lightning
Coverage Deductible Policy Limit
Commercial $10,000.00 $100,000.00
Other Structures $0.00 $0.00
Contents $0.00 $0.00
Date Contacted: 10/18/2013
Date of Loss: 9/82013 Date Received: 10/172013
Date Inspected: 10212013 Date Entered: 10242013 4:06 PM
Price List: M0007X_NOV 13
Restoration/Service/Remodel
Estimate: CITY_OF_JEFF LIGHTNI Branch-File#: 2312550
NOTICE:This is a repair estimate only.The insurance policy may contain provisions that will reduce any payment that might be
made.This is not an authorization to repair.Authorization to repair or guarantee of payment must come from the owner of the
property.No adjuster or appraiser has the authority to authorize repair or guarantee payment.The insurer assumes no
responsibility for the quality of repairs that may he made.
Crawford & Company
CITY_OF-JEFF_LIGHTNI
6801 Boundary Road
DESCRIPTION QUANTITY UNIT COST RCV DEPREC. ACV
1. Electrical(Bid Item),repairs to 1.00 EA 22,594.00 22,594.00 (2,259.40) 20,334.60
siren system,see attached quote'
Totals. 6801 Boundary Road 22,594.00 2,259.40 20,334.60
290 Rock Hill Road
DESCRIPTION QUANTITY UNIT COST RCV DEPREC. ACV
2. Electrical(Bid Item),repairs to 1.00 EA 21,732.00 21,732.00 (2,173.20) 19,558.80
siren system,see attached quote*
Totals: 290 Rock Hill Road 21,732.00 2,173.20 19,558.80
Manufacturer repair invoice
DESCRIPTION QUANTITY UNIT COST RCV DEPREC. ACV
3. Electrical(Bid Item),inspection and 1.00 EA 43.40 43.40 (0.00) 43.40
confirmation of lightning damage by
manufacturer,see attached invoice'
Totals: Manufacturer repair invoice 43.40 0.00 43.40
Line Item Totals: CITY-OF-JEFF LIGHTNI 44,369.40 4,432,60 39,936.80
CrrY_OF_MFF_LIGHTNI 12/52013 Page:2
Crawford & Company
Summary for Commercial
Line Item Total 44,369.40
Replacement Cost Value $44,369.40
Less Depreciation (4,432.60)
Actual Cash Value $39,936.80
Less Deductible (10,000.00)
ck5
Net Claim of I� t $29,936.80
Total Recoverable Depreciation a 4oY 4,432.60
Net Claim if Depreciation is Recovered $34,369.40
Greg Stidham
CITY-0F JEFF_LIGHTNI 12/52013 Page:3
Crawford & Company
Recap by Room
Estimate:CITY_OFJEFF_LIGHTNI
6801 Boundary Road 22,594.00 50.92%
290 Rock Hill Road 21,732.00 48.98%
Manufacturer repair invoice 43.40 0.10%
Subtotal of Areas 44,369.40 100.00%
Total 4,069.40 100.00%
CITY_OF_JEFF_LIGHINI 17/52013 Page:4
CITY OF JEFFERSON
WARNING SIREN REPAIR A GREEMENT
THIS CONTRACT, made and entered in to t hi s ;Lj day of ~, 2014, by and between
Outdoor Warni ng Consulting, LLC, herei nafter called "C ontrac tor", and the City of Jefferson ,
Mi ssouri , a municipal corporation , hereinafter called "City."
WITNESS ETH: Whereas , C ontractor has offered a qu ote for furnishing the supervision, labor,
in st all at ion , tools, equipment, mat erials and supplies and for th e following City impro vemen t s :
repairs to t wo (2) outdoor warning sirens . Ci ty has acce pted said quote util izing sole source
p roc urement.
N OW THEREFORE, th e parties to t his contract agree to the foll owing :
1. S cope of Services .
Contractor agr ees to provide supervis io n , labor, to o ls, equipment, m aterials and supplies for
t h e repair of two (2) out do or warning sirens.
2 . Manner and Time for Com pl etion .
Contrac tor agre es t o furn ish all supervision , labor, tools , equipment, materials and supplies
necessary to perform, and to perform , sai d work at Co ntracto r's own expense in accordance
with the co ntract documents and any applicable City ordinances an d state and federal laws,
within Sixty (60) calend ar days from the date Contractor is ordered to proceed, which order
s ha ll be issued by th e Purchasing A ge nt w ith in ten (1 0) days after the date of this contract, or
upon agreement between the parties.
3 . P revailing Wages.
To th e extent that the ork performed b y Co nt ractor is subject to prevailing wage law,
Contractor shall pay a w age of no les s than the "prevailing hourly rate of wages " for work of
a similar c haracter in thi s locality, as establi sh ed by Department of Labor and Industri al
Relations of the State of M issouri , an d a s estab li sh ed by the Federal Employment Standard s
of the Department of Labor. C ontractor acknowledges that Contractor knows the prevailing
h ourly rate of wages for this project becau se Contractor has obtained th e prevailing hourly
rate of\\ages from the conten ts of Atmual W age Order No. 2 0 Section 026 in which the rat e
of wage s is set forth . Contractor further agrees that Contractor will keep an accurate record
showi ng the names and occu pat ions of all workm en employed in connection with the work to
be performed un de r the terms of thi s contract. The record shall show the actual wages pai d
to the workmen in connection with the work to be performed under the terms of this contract.
A copy of the r ecord shall be de livered to t he Purchasing Age nt each week . In accordance
with Section 290 .250, R SMo , Co nt rac tor shall forfe it to the City One Hundred Dollars
($1 00.00) for each workman employed , fo r each calendar day or porti on thereof that the
wo rkn1an is paid les s than t he stipulat ed rates for any work done under this contract, by
Contract or or an y subcontractor under the C ontractor.
4. In surance .
Contractor shall procure and maintain the fo llowin g at its own expense for the duration of
thi s contract:
A. Workmen's Compensation Insurance for all of its employees to be engaged in
work und er th is contract.
B. Contractor's Public Lia bili ty Ins urance in an amount no t les s than $1,000 ,000
for a ll cl aims arising out of a sin g le occurrence and $200,000 for any one
person in a single acc id en t or occ urrence , exce pt for those claims governed
by the provisions of the Misso uri Wo rkm en's Compensation Law, Chapter
287 , RSMo, and Contra ctor's Property Damage Insuran ce in an amount not
less than $1 ,000,000 for all c laim s arising out of a si n gle accident or
occurrence and $200,000 for any on e person in a si n gle accident or
occurrence.
C. Auto mob ile Liability In suranc e in an amount not less than $1 ,000,000 for all
claims arising o ut of a single accid en t or occunence and $200,000 for any
one person in a si ngle acc ide nt or occurrence .
D . Owner's Protect ive Liab i lit y Insurance . Contractor shall al so obtain at its
own expense and deliver to the C ity an Owner's Protective Liability Insurance
Po licy nam ing the City of J effers on as the in sured , in an amo unt not less than
$1,00 0,000 fo r all cla im s arising out of a si ngle accident or occunence and
$200,000 for any one person in a single accident or oc currence, except for
thos e claims governed by the provisions of the Missouri Workmen's
Compensation Law, Cha pter 287, RSMo . No policy will be accepted which
exclu de s liability for damage to un derground structures or by reason of
blast ing, explosion or collapse.
E . Subcontrac ts . In case any or all of thi s wo rk is subl et, Contractor shall
requ ire th e Subcontr actor to procure and maintain all in surance required in
Subparagraphs (A.), (B .), an d (C .) he reof and in like amounts.
F. Scope oflnsurance an d Special Hazard. T he insurance required under Sub -
paragraphs (B.) and (C.) hereof shall provide adequate protection for
Contractor and its su bcontractors, respectively , against damage claims which
may arise from operat ions under th is contract, whet her suc h operations be by
the insured or by anyo ne d ir ectl y or ind irectly employe d by it , and also
aga in st any special hazards which may be encountered in the performance of
this contract.
~~~---~------
NOTE: Paragraph F. is const ru ed to require the procurement of Contractor's
protective insurance (or contingen t public liability and contingent property damage
polici es) by a general contractor w hose subcontractor has emp loyees working on the
project, tmless the general p ublic l iabili ty and property damage policy (or rider
attached thereto) of the gene ral contractor pro vi des adequate protection against
claim s arisi ng from operations by anyone directl y or indirectly employed by
Contractor.
5 . Contractor's Responsib ility for Subcontractors.
It is further agreed t hat Contractor shall be as full y responsible to the City for the acts and
omissio ns of its subcontractors, and of persons ei ther directly or indirectl y employed by
them, as C ontrac t or is for the acts and om iss ions of persons it directly employs. Contractor
shall cause appropriate provisions to be in serted in all subcontracts relating to this work, to
b ind a ll subcontractors to Co ntractor by a ll the terms here in set forth , in sofar as applicable to
the work of subcontractors and to give Contractor the same po wer regarding termination of
any subcontract as the City may exercise over Contractor under any provisions of this
contract. Nothing contained in this contract shall create any contractual relations b etween
any subcontractor and the City or between any subcontractors.
6. Liquida ted Damages.
The City may dedu ct Two Hundred Fifty Do llars ($250.00) from any amount otherwise due
under thi s contract for every day Contractor fa il s or refuses to prosecute the work, or any
separabl e part thereat~ with such diligen ce as w ill en sure the completion by the time above
specified , or any extens ion thereat: or fa i ls to complete the work by such time, as long as the
City doe s n ot terminate the r ight of Contractor to proceed. It is f urther provided that
Contractor shall not be ch arged with liquidated damages because of delays in the completion
of the work due to un foreseeable causes beyo nd Co ntractor's control and without fault or
negligence on Contractor's part or the part of its agents.
7. Termin ation.
The City reserves the right to terminate this contract by giving at least five (5) days prior
written no ti ce to Contractor, witho ut p rej udice to any other rights or remedies of the City
should Contractor be adjudged a bankrupt, or if Contractor should make a general
as signment for the benefit of its creditors, or if a receiver should be appointed for Contractor
or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to
s uppl y enough properly skilled workmen or prop er materi al, or if Contractor should refuse or
fail to make prompt payment t o any person sup pl ying labor or material s for the work under
the contract, or persistently disregard in st ruction s of the C ity or fail to observe or perform
any pro v isions of the cont ract.
8. City's Ri ght to Proceed .
In the event this contract is terminated pursuant t o Paragraph 7, then the C ity may take over
the work and pr secute the same to completion , by co ntract or otherwise , and Contractor and
its sureties shall be liable to the City for an y costs over the amo unt of this contract thereby
occasion ed by t he City. In any such case the C ity m ay take po ssess ion of, and utilize in
completing t he work, such materials, applian ces and structures as may be on the work site
and are ne ce ssary for completion of the wo rk. The forego in g provisions are in addi tion to ,
and not in limitation of, the rights ofthe C ity under any other provis ions of the contract, city
or dinances , and state and fede ral laws.
9. I nd e mn ity.
To the fullest extent permitt ed by law, the Contractor will indemn ify and hold harmless th e
C ity, its elected and appointed officials , emp lo yees, an d agents from and against any and all
claims, damages, losses , and expenses in cl uding attorneys' fees ar ising out of or resulting
from t he performance of the work , prov ide d that any such claim, damage, loss or expense (1)
is att ributabl e to bodily injury, sickness , disease , or death , or to injury to or destruction of
tang ib le property (other than the Work itself) including the loss of use resulting therefrom
and (2) is caused in whole or in pmt 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 , regardl ess of whether or not it is caused in part by a party
indemnifie d hereunder. Suc h obligation shall not be construed to negate, abridge, or
otherwise redu ce any other righ t or obligation of indemnity which would otherwise exist as
t o any party or person described in this Paragraph.
10 . Payment for Labor and Materials.
Contractor agrees and binds itself to pay for all la bor done and for all the materials used, in
the construction of t he work to be comp leted p ursua nt to this contract.
11 . Supplies.
Contractor is hereby authorized and directed to uti lize the City's sales tax exemption in the
p urchase of goods and m at erials for the project as se t out in Section 144.062 , RSMo 1986 as
amended .
12 . Payment.
The City hereb y agrees to pay Cont ractor for work pursuant to this contract based on the
schedule below and upon acceptance of said work by the Purchasing Agent of the City of
J efferson, and in accordanc e with the rates and /or amounts stated in the quote of Contractor
dated October 18 ,2013 , which are by re fe rence made a part hereof. No partial payment to
Contractor shall operate as a pproval or acceptance of work done or materials furnished
hereunder. The total amount of thi s contract shall not exceed Forty Four Thousand Three
Hundred Twenty-Six Do ll ars ($44,326.00 ) without prior authorization from the City.
A. Payment for parts and mater ia ls due w ithin twenty (20) days of the C ity
re eiving notice that the said parts and m aterials have been shipped to the
Contractor.
B. Payment for remaining balance due within thirty (30) days of the City's
acceptance of the work referenced herein.
13. Knowledge of Local Condition s .
Contractor hereby warrant s that it ha s ex amined the location of the proposed work and the
attached specifications and has fully considered such local con d itions in making its bi d
herein.
14. Sev era bili ty.
If any section, subsection., sentence, or clau se of this Contract shall be adjudged illegal,
invali d, or unenforceable , such illegality, in val idi ty, or unen forceability shall not affect the
legality , val id ity, or enforceabili ty of th e co ntract as a whol e, or of any section, subsection,
sentence , clause, or attachment not so adj ud ge d.
15 . Governing Law .
The contract shall be governe d by the laws of th e State of Mi ss ouri. The courts of the State of
Missouri shall have j ur isd icti on over any dispute whi ch ari se s under thi s contract, and each
of the p artie s sh a ll submi t an d hereby consents to such comis exercise o f jurisdiction. In any
su ccessful act ion by the City to enforce th is contrac t , the City shall be entitled to recover its
atto rn ey 's fees and expenses incurred in such action .
16 . Contract Documents .
The contract documents shall co ns ist of t he fo llo w ing:
a. Thi s Contract
b. Bi d dated October 18,2013
Thi s co ntra ct and the other documents enumera te d in thi s paragraph, form the Contract
between the patties. T hese docu m ents are as f ull y a part of the contract as if attached hereto
or repeated herein.
18. Complete Unders t and ing, Merge r.
Part ie s agree that this docum e nt includi ng t ho se documents described in the section entitled
"Contract Docum e nts " repre sent th e full and complete understanding of the parties. This
conta ct in cl udes o nly those goo ds and service s specificall y set out. This contract supersedes
all prior contracts and under standings b etween th e Contractor and the City.
19. Authorsh ip and E nfo rce ment.
P arties a gree that the production of th is docu m ent wa s the join t effort of both parties and that
the contract should not be construed as having been drafte d by either party. In the e v ent that
eith er p a rty shall seek to enforce th e terms of thi s co ntract through liti gation, the prev ailing
party in such action shall be entitled to receive, in addition to a ny other relief, its reasonable
attorney's fe e s, expenses and costs.
2 0. Amend ments.
Thi s contrac t may not be modified , ch an ged or al tered by any oral promise or statement by
whosoever made; nor shall any m od ifi cation of it be bind in g up on the C ity until such written
m odificai ion '>hall have been approved in \Vri ting by an a uthorized offic er of the C ity .
Contractor ackn owledges that the City may not be res p ons ible for p ay in g for changes or
m odi ficatio n s that were not properly authorize d .
2 1. W aiv er of B reech.
Failure to Exercise R i ghts and Waiv er: Fail ure to ins ist upon strict compliance with any of
the term s co venants or con di ti ons he rei n shall no t be deemed a waiver of any such terms,
c ovenants or cond itions, no r shall any fai lure at one or more times be deemed a waiver or
relinqui shm ent at any other t ime or ti mes by any ri ght under the terms , covenants or
cond iti on s herein.
22. Assign ment.
Neither party may sell or assign its right s or responsib ilitie s under the tem1s of this agreement
without the express consent of the remain ing party.
23. Nondiscrimination.
Contractor agrees in the performance of this contract not to discriminate on the ground or
because of race , creed , color, national or igi n or ancestry, sex , re ligion, hand icap , age, or
polit ical opin ion or affiliation, aga in st any employee of Contractor or applicant fo r
employment and shall include a si m ilar pro v isio n in all su bcontrac ts let or awarded
here und er.
24. Illegal Immig rat ion .
Prior to commencement of t he work :
a . Contra ctor shall, by sworn affidav it and provision of doc u mentation, affirm its
enrollmen t and p articipation in a fede ral w o rk authorizatio n program wi th respect to
the employees wo rkin g in connecti on w ith the contracted services.
b. C ontracto r shall sign an affidavi t affi rmi ng that it does not kno w ingly employ any
person vvho is an unauthorized a li en in co nnection w ith the contracted services .
c. If contractor is a sole propriet orship, partnership or limited partnership, contractor
shall provide proof of citizenshi p or lawful presence of the owner prior to issuance of
th e N ot i c~ to P roceed.
25. Notices.
All notice s required to be in wri tin g m ay be giv en by first class mail addressed to City of
Jefferson , 320 East McCarty, Jefferson Cit , Missour i, 6510 1, and Contractor at Outdoor
Warning Co n su ltin g, LLC 120 3 Somerset Lane, Jefferson C ity , Missouri , 65 101. The date
o f delivery of any notice sh all be the second fu ll day after the day of it s mailing.
IN "JTNESS WHEREOF, the parties hereto have set their hands and seals thi s /~day o f
r~b , 20 14 .
CITY OF JEFFER SON OUTDOOR WARN ING CONSULTING,
Mayorp~ ~~~-
AT TEST:
T itl e: O-:;l--Zo-(4-
APPROV E D AS TO FORM:
~~
C ftY Counselor