Loading...
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