HomeMy Public PortalAboutORD15236 BILL NO. 2013-138
SPONSORED BY COUNCILMAN Prather
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH AOS FOR THE
OSAGE BEACH WIRELESS NETWORK PROJECT FOR THE CENTRAL MISSOURI
REGIONAL JUSTICE INFORMATION SYSTEM.
WHEREAS, AOS has become the apparent lowest and best offer for a wireless network
system in Osage Beach to implement data and information sharing.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The final offer of AOS is declared to be the lowest and best offer and is
hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement
with AOS for a wireless network system in Osage Beach to implement data and information
sharing.
Section 3. The agreement shall be substantially the same in form and content as that
agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date of its
passage and approval. �J
Passed: d /l Approved:
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
City C16rk City Counselor
FTA CLAUSES
Federal Funds To be Used
The City of Jefferson is a recipient of Federal Transit Administration funds; therefore, the
following requirements shall be fully considered in preparing bids and performing work under any
resulting award.
No Obligation by the Federal Government.
(1)The Purchaser and Contractor acknowledge and agree that,notwithstanding any concurrence by
the Federal Government in or approval of the solicitation or award of the underlying contract,absent
the express written consent by the Federal Government,the Federal Government is not a party to this
contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor,or any
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. § 3801 et M. and U.S. DOT regulations, 'Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract,the Contractor certifies or affirms the truthfulness and accuracy of any statement
it has made,it makes,it may make,or causes to be made,pertaining to the underlying contract or the
FTA assisted project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made,
a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of
1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim,statement,submission,or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally
awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to
impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1)on the Contractor,to the extent
the Federal Government deems appropriate.
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(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
Access to Records
The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(1), the Contractor agrees to
provide the Purchaser,the FTA Administrator,the Comptroller General of the United States or any
of their authorized representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees,pursuant to 49 C. F.R. 633.17 to
provide the FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital project,defined at
49 U.S.C. 5302(a)1,which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA
Administrator or his authorized representatives, including any PMO Contractor, access to the
Contractor's records and construction sites pertaining to a major capital project,defined at 49 U.S.C.
5302(a)1,which is receiving federal financial assistance through the programs described at 49 U.S.C.
5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the
simplified acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non-
profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance
with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the
Comptroller General of the United States or any of their duly authorized representatives with access
to any books, documents, papers and record of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement
(defined at 49 U.S.C. 5302(a)l)through other than competitive bidding,the Contractor shall make
available records related to the contract to the Purchaser, the Secretary of Transportation and the
Comptroller General or any authorized officer or employee of any of them for the purposes of
conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
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6. The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this
contract,except in the event of litigation or settlement of claims arising from the performance of this
contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have
disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
1839(1)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
Federal Changes
The contractor shall at all times comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Agreement
(Form FTA MA(10)dated October,2003)between Purchaser and FTA, as they may be amended or
promulgated from time to time during the term of this contract. Contractor's failure to so comply
shall constitute a material breach of this contract.
Civil Rights
The following requirements apply to the underlying contract:
(1)Nondiscrimination-In accordance with Title VI of the Civil Rights Act, as amended,42 U.S.C.
§ 2000d, section 303 of the Age Discrimination Act of 1975,as amended,42 U.S.C. § 6102,section
202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at
49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or
applicant for employment because of race, color, creed, national origin, sex, age, or disability. In
addition, the Contractor agrees to comply with applicable Federal implementing regulations and
other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race. Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the
Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which
implement Executive OrderNo. 11246,"Equal Employment Opportunity,"as amended by Executive
OrderNo. 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"
42 U.S.C. §2000e note),and with any applicable Federal statutes,executive orders,regulations,and
Federal policies that may in the future affect construction activities undertaken in the course of the
Project. The Contractor agrees to take affirmative action to ensure that applicants are employed,and
that employees are treated during employment, without regard to their race, color, creed, national
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origin, sex, or age. 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. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor
agrees to refrain from discrimination against present and prospective employees for reason of age.
In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended,42 U.S.C. § 12112,the Contractor agrees that it will comply with the requirements of U.S.
Equal Employment Opportunity Commission, 'Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,pertaining to employment
of persons with disabilities. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole
or in part with Federal assistance provided by FTA, modified only if necessary to identify the
affected parties.
Incorporation of FTA Terms
The Recipient and contractor certify that terms in FTA C 4220.1E which replaces FTA C4220.1 D
will be incorporated into contracts and sub-contracts.
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FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Proposal 2708 — Osage Beach Wireless Network —MDT Year ') Grant
Police Department, Opened January 7, 2014
PROPOSALS RECEIVED:
Alexander Open Systems (AOS), Springfield, MO *$ 49,974.21
Thirteen vendors were sent the RFP. It was published in the News Tribune and on the City web
site.
*The original amount of$71,204.34 included items the receiving agency has deleted to remain
within the specified grant budget for this project.
FISCAL NOTE:
The City of Jefferson has been appointed the administrator of the COPS Technology Program
Grant for the Central Missouri Regional Justice Information System (CMRJIS) - Year 3.
Grant Funds Available $141.164.94
Proposal 2708 49,974.21
Balance $ 91.190.73
PAST PERFORMANCE:
This vendor was awarded projects under earlier grant expenditures and completed them as
specified and bid.
RECOMMENDATION:
Staff recommends award of the proposal in the amount of$49,974.21 as submitted by Alexander
Open Systems of Springfield, Missouri.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Signature ( 1F�V�I� !�Llil�11� 1IlllJ I. 1A CQKL�
Purchasin Ag �^ Po ,ce Chief
i
rile JEFFERSON CITY POLICE DEPARTMENT
j To: Terry Stephenson, Purchasing Agent
i
( From: Roger Schroeder, Chief of Police
Subject: RPP — "Osage Beach Wireless Network"- MDT Year 3 Grant
Date: January 27 '. 2014
I
Please be advised that the Jefferson City Police Department recommends
award of the request for proposals for the Osage Beach Wireless Network to
Alexander Open Systems ("AOS"), the only bidder. AOS has met all
specifications while providing a total project cost within the specified grant
budget.
If additional information is required, please contact Lauren Maddox at 634-
6348. Thank you.
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City of Jefferson, Missouri
Tabulation of Bids -
Proposal Number 2708
Subject: Osage Beach Wireless Network
Date: January 7, 2014 Alexander Open Systems
Department: CRMJIS - Police Department Springfield MO
PAGE
ITEM Unit Price Total Price Unit Price Total Price Unit Price Total Price
Centralized control appliance asspecified
to includes stem configuration 2 ea $11,018.10 $22,036.20
Access points asspecified to include all
mounting equipment necessa for secure
outdoor mounting of each access point 7 ea $3,892.53 $27,247.71
Specific or hardware proprietary tools
necessary for mounting 1 ea $284.43 $284.43
Firmware and software required to meet N/A Included in with
proposed performance of the system appliance cost
List item, quantity, unit price & extension
Warranty and maintenance
List information for hardware 24 mo $10,836.00
2 yr. Smartnet SW & HW
Maintenance combined
List information for software 24 mo included in above
City of Jefferson, Missouri
Tabulation of Bids
Proposal Number 2708
Subject: Osage Beach Wireless Network
Date: January 7, 2014 Alexander Open Systems
Department: CRMJIS - Police Department Springfield MO
PAGE 2
ITEM Unit Price Total Price Unit Price Total Price Unit Price Total Price
Licensing
List and describe all licensing required 2 yr included in the above two
annual cost year maintenance agreement
Total cost of the Proposed System
for a Two Year Period $60,404.34
AOS Configuration Services- per scope
of work attached $10,800.00
Grand Total $71,204.34
Note: See Quote SQ014978 for detailed
listing
Prices firm for 90 days
Items proposed mfg, produced in U S yes
Represent a disadvantaged business ent. no
Represent a woman owned business ent. no
405
Expect the Best!
Statement of Work
Outdoor Wireless Mesh
for
City of Osage Beach
•
Prepared By Alexander Open Systems
Account Management: Luke Simon
Design Architect: Brian Shaw
1/24/2014
Integrity Responsive Customer Service e, Creative Teamwork
Professional Competence & Commitment Profitability since 1992
Table of Contents
Statementof Work Summary.........................................................................................................3
Scopeand Approach .......................................................................................................................3
WorkTasks.....................................................................................................................................................................3
Recommendations.........................................................................................................................................................4
DocumentationDeliverables.........................................................................................................................................4
Trainingand Knowledge Transfer.................................................................................................................................5
CustomerResponsibilities .............................................................................................................6
ConsultingFees ...............................................................................................................................7
PricingAssumptions.......................................................................................................................................................7
AdditionalFees...............................................................................................................................................................8
Contactsand Resources..................................................................................................................9
WorkLocation................................................................................................................................................................9
ProjectContacts.............................................................................................................................................................9
Acceptance of Proposal....................................................................................................................10
Appendix A: Other Terms and Conditions..................................................................................11
Appendix B: Change Management Form.....................................................................................12
Outdoor Wireless Mesh Project for City of Osage Beach Page 2 of 13
of r
This Statement of Work covers professional services work AOS will perform for City of Osage
Beach. Beginning on a mutually agreed upon date, AOS will provide one or more qualified
technical consultants and/or Project Management personnel on a "Fixed Fee" basis to perform
the following work:
City of Osage Beach has engaged AOS to consult on implementation of an outdoor wireless
mesh solution for a portion of the Highway 54 corridor. Implementation will include Cisco
Wireless LAN Controller 5508 series licensed for 25 Mesh or Lightweight Access Points, and 6
Mesh Access Points based on the 1550 series.
A05 will provide consulting for implementation of the Core WLC configuration and tuning, as
well as priming up to 6 Mesh APs for placement by City of Osage Beach staff. Wireless design
and pre-installation site-survey is recommended prior to this engagement.
Consulting time for this engagement is limited to 40 hours and will be performed onsite at
customer location in City of Osage Beach. Travel expenses, including lodging, mileage and meal
per-diem is inclusive to the "Fixed Fee" Statement of Work.
AOS will consider additional work not explicitly stated in this Statement of Work as 'but-of-
scope" and will require a "change order". (See Appendix B - Change Management Form.)
Scope r Approach
Experienced AOS personnel, or authorized agents, will perform the following implementation
tasks:
Work Tasks
Work Task Description To be completed by...
WIREIESsdAN�CONTROLLEIR -:_ s
Ensure sufficient rack and power is available Customer
Provide Host-specific information (Hostname, IP Addressing,
Customer
Authentication,etc...)
Mount one Cisco 5508 Series WLC appliance in customer-provided Customer and AOS
rack at Data Center
Configure VLAN and Etherchannel/LACP on Network switchports Customer
Cable WLC appliances to network Customer
Initial configuration of 5508 WLC appliance and network VLAN AOS
integration
Outdoor Wireless Mesh Project for City of Osage Beach Page 3 of 13
Register and install WLC license files AOS
Configure 1 WLAN within WLC and test operation
• Hwy 54 WLAN access
• Configure for WPA2-PSK AOS
No Additional Guest, Public or Private WLANs to be
implemented at this time
Configure 5MHz Backhaul to maximize data rate AOS
MESH
ACCESS POINTS
Configure up to 6 Cisco 1500 Series Mesh Access Points AOS
Test mesh and client communication prior to mounting AOS
Consult with AOS on each Mesh AP placement prior to permanent
mounting(Pre-Installation Survey Recommended—Not included in Customer
this Engagement per Customer Request)
Mount up to 6 Mesh Access Points in designated locations(refer to
pre-installation survey) Customer
Demonstrate to Customer how to measure LinkSNR readings and AOS
estimate throughput based on RSSI and SNR for backhaul.
Validate RF measurements using LinkSNR readings throughout the
desired coverage areas Customer
Test mesh and client communication following permanent mountin Customer
.TRAINING AND POsTsu PPORT. ' -
-s. • .� . rte; �;
Update wireless network documentation (see below'Documentation AOS
Deliverables')
High-level overview of management of wireless components(see AOS and Customer
,below'Training and Knowledge Transfer')
Recommendations
■ Pre-installation Site-Survey and RF Design
Prime Infrastructure Software (Future)
• Number of backhaul hops should be limited to three and not exceed four
Documentation Deliverables
• URLs to Administrative Interfaces of Products
Provisioning Information for Products (Usernames, Passwords, IP Addressing, Serial
Numbers, etc...)
License Files
• Project Documents (Scope of Work, Bill of Materials, Notes)
Outdoor Wireless Mesh Project for City of Osage Beach Page 4 of 13
Training and Knowledge Transfer
• Overview of management tasks for Wireless LAN Controllers
o Create/Modify WLAN
o Backup Configuration
O View Associations and Events
• Overview of management tasks for Mesh Access Points
o Physical connections
O Pre-configuration for WLC connectivity
o Procedure to replace/reprovision
NOTE: AOS always provides a minimum Functional Overview of all related hardware,
software and documentation used in any project.The Funtional Overview will be limited
to and consist of reviewing the components of the actual implementation via the
graphical user interface.AOS does not consider such an overview a substitute for formal
product education. Please talk to the account manager about AOS's professional
training services and additional documentation deliverables.
Outdoor Wireless Mesh Project for City of Osage Beach Page 5 of 13
Customer. Rbsponsibilitles
In addition to any work tasks assigned to the client above in this Statement of Work, the Client
agrees to the following preparations for this project:
• Ensure that proper power is available, any necessary rack space has been allocated and
proper environmental requirements are met for any new equipment installations prior to
the consultant arriving on site. Failure to provide proper environmental conditions could
void server/appliance factory warranties or may result in a Change Management request
and appropriate cost adjustments.
• Unless otherwise specified in this Statement of Work, the Customer is responsible for any
equipment racking requirements including proper device interconnection and/or power
cabling. Delays in work completion due to incorrect or incomplete rack mounting may result
in a Change Management request and appropriate cost adjustments.
• Customer must designate a minimum of two (2) staff members to serve as primary and
secondary contacts for the duration of this project. Please see "Contacts and Resources"
section within this Statement of Work.
• Customer is responsible for allowing AOS to access facilities during normal business hours
from 8 AM — 5 PM, Monday — Friday. Any scheduling outside of normal business hours
must be coordinated through project's designated contact(s) with one week advanced
notice (based upon availability) to allow for resource schedule coordination and
procurement.
• Have any required existing server/host hardware and supported Operating Systems in good
health with required service packs and/or patches applied prior to the consultant arriving
on site. Systems requiring additional updates not specified in this Statement of Work will be
out-of-scope and require a change form be completed.
• Provide an adequate workspace for AOS on site personnel with network connections to the
Internet and customer's network as required including parking, phone, necessary network
connection information, IP addressing, proxy account information, etc. while satisfying
customer Security Policy requirements.
• Provide remote access connectivity as required to assist in the completion of this statement
of work. (Assumes compliance with existing customer security policy.)
• Have customer personnel available during implementation window to provide any required
assistance and/or facilitate necessary communications to accomplish the required work.
• Hotel and meal expenses, as well as travel time from the AOS office in Springfield, MO, will
be billed outside of Professional Services Consulting Fees.
Outdoor Wireless Mesh Project for City of Osage Beach Page 6 of 13
The following table lists costs for a 'Fixed Fee' engagement. Shipping and taxes are not
included. All prices are in U.S. dollars. See Pricing Assumptions below for additional
information.
Professional Services Units Project Rate 1
Professional Services 1 $8,400
Pricing Assumptions
• AOS bills travel time to a work site in fifteen minute increments at identified consultant
hourly rates unless it is included in fixed fee engagements. See Master Service Agreement
for additional details.
• Except for the cutover(s) and other after hours timeframes specified in this SOW, AOS will
perform work during normally scheduled working hours (8:00 A.M. to 5:00 P.M. local time
Monday through Friday), excluding AOS and customer observed holidays. AOS will charge
any work performed outside of these normal business hours at the rates shown below:
- Overtime & Weekends billed at Normal Business Hours (NBH) + 50%
- Holidays billed at Normal Business Hours (NBH) + 100%w/ (2) hour minimum
- Emergency support billed at Normal Business Hours (NBH) + 50%w/ (2) hour minimum
• AOS will assess a cancellation fee of$195 for scheduled work customer cancellations with less
than 24 hour advanced notification. Notification of cancellations can be made to any of the
contacts listed in the Contacts and Resources section.
• AOS sales and services are subject to any applicable AOS Master Services Agreement.
• City of Osage Beach hereby assumes all costs associated with said requested services.
Associated costs include, but are not limited to, those that are set by AOS under this
Statement of Work. AOS agrees to obtain approval by City of Osage Beach prior to incurring
any costs in addition to those already itemized on this Statement of Work and the purchase
order provided to AOS prior to the services being done.
• Typically, AOS will use local resources that will not require any travel expenses, assuming the
work site is within an AOS office's local work area. In the event AOS needs a non-local
resource, AOS will obtain prior written approval before incurring any travel charges. City of
Osage Beach will reimburse AOS for reasonable expenses incurred in connection with our
performance of the Services, if any are required, including travel expenses, lodging, meals,
parking fees, copying charges, delivery charges, postage, telephone charges and other
related expenses.
Outdoor Wireless Mesh Project for City of Osage Beach Page 7 of 13
• Payment of the net amount of an invoice is due 30 days from the date of AOS invoice, unless
otherwise specified in this Statement of Work. All Pricing is subject to Other Terms and
Conditions attached hereto and incorporated by this reference herein. Refer to Master
Services Agreement for further information.
Additional Fees
• All applicable state and local taxes, shipping charges (FOB customer dock), travel and
associated expenses will be added to invoice.
Outdoor Wireless Mesh Project for City of Osage Beach Page 8 of 13
Cor r r
Work Location
AOS will perform work at the following location(s):
Address _ Site Contact Notes
1000 City Parkway
Osage Beach,MO 65065 James Davis
Project Contacts
Name Position/Company Project Role
James Davis
ipdavis@osagebeach.org
Ph:573-302-2000 City of Osage Beach Project Primary Contact
Cell:
Luke Simon
Luke.SAccount Manager
Ph:41im 88-267 5.com Alexander Open Systems Primary AOS Sales Contact
Ph:417-888-2675
Brian Shaw
Brian.Shaw@aos5.com Design Architect Primary AOS Project Consultant
Ph:417-888-2675 Alexander Open Systems
Scott AlexanderScoDesign Architect Secondary AOS Project
Ph:41 -888- er@aos5.com Alexander Open Systems Consultant
Ph:417-888-2675
Angela Grant
Angela.Grant@aos5.com Alexander Open Systems Primary AOS Project Contact
Ph:417-888-2675
Outdoor Wireless Mesh Project for City of Osage Beach Page 9 of 13
Acceptance of . . .
Due to the competitive confidentiality of information provided the accompanying materials,
AOS and City of Osage Beach shall keep all such information in the strictest confidence and shall
not be divulged to persons other than City of Osage Beach employees unless authorized by AOS.
AOS bases the recommendations for equipment, programs and services on information
customer has furnished to AOS and on observations by AOS. While AOS believes the price and
materials list to be sound, the degrees of success with which equipment, applications and
services are applied is dependent on many factors, some of which are beyond the reasonable
control of AOS.
The signature below affirms and acknowledges that you have read the above contents in its
entirety and agree to the terms and conditions of this proposal as outlined.
Accepted for City of Osage Beach by:
Name (Print): Title:
Signature: Date:
Accepted for Alexander Open Systems by:
Name (Print): Title:
Signature: Date:
Outdoor Wireless Mesh Project for City of Osage Beach Page 10 of 13
Appendix Othei-T6rms and Conditions
• AOS is not responsible for configuration, compatibility or products requested per customer-
provided specifications. AOS has professional design consulting services available to quote
upon request.
• AOS will coordinate the ordering, delivery, warranties and maintenance agreements of all
equipment and software components listed that are purchased through AOS.
• Customer is responsible for returning all trade-in merchandise to the designated parties or
issue a certificate of destruction if that is required. AOS will charge for equipment not
returned.
• AOS will subject additional delays or communication coordination with 3rd party providers,
(Telco's, local ISP's, remote vendors, etc.) not reflected in this Statement of Work to a
Change Management Form request.
• Customer must pay block contracts in full prior to receiving the discounted rate on work.
AOS subjects Fixed Fee and Hourly services to progress billing at the end of each AOS
monthly billing cycle.
• Customer agrees not to solicit, pursue employment nor hire any AOS personnel. Each party
agrees not to hire or solicit for employment (or as an individual independent contractor)
any employee of the other party until twelve (12) months after the date such person
terminates employment with the other party. AOS further agrees not to hire or solicit for
employment (or as an individual independent contractor) any other individual while he or
she is performing services for Customer pursuant to a contract. If this paragraph is
breached by the hiring of an employee of AOS, damages for such breach are agreed to be
equal to the demonstrated cost of training a replacement for such individual. This
paragraph does not apply to the hiring or solicitation of any individual who did not become
known to the hiring or soliciting party as a result of the relationship between Customer and
AOS created by this Agreement.
• AOS will only process orders signed by an agent of the company. AOS will require a
purchase order if required by Customer's organization.
• This Statement of Work does not imply or guarantee a specific date or time frame for
services to begin. All project timelines will be mutually agreed to by and between Customer
and AOS.
Outdoor Wireless Mesh Project for City of Osage Beach Page 11 of 13
Appendix iForm
AOS bases the recommended equipment, programs and services contained in this Statement of
Work upon City of Osage Beach requirements as understood by AOS. While AOS believes our
design and pricing to be accurate based upon our discovery process and the information
provided, if AOS discovers additional information or details not previously provided by City of
Osage Beach, AOS may require a change order for additional equipment, applications and
services.
It may become necessary to amend this Statement of Work for reasons including, but not
limited to, the following:
1. City of Osage Beach requests changes to scope of work and/or specifications for the
Services,
2. Non-availability of resources which are beyond either party's control; and/or,
3. Environmental or architectural impediments not previously identified.
In the event either party desires to change this Statement of Work, the following procedures
will apply:
The party requesting the change will notify the other party in writing. The change request
needs to describe the reason for the change and the effect the change will have on the scope of
work and pricing, which may include changes to the deliverables and the schedule.
Upon mutual agreement to implement the Change Request, the appropriate authorized
representatives of the parties will sign the Change Request form, indicating the acceptance of
the changes by the parties. The Change Management form must describe the change(s), the
rationale for the change and the effect the change will have on the project. (E.g. time estimate
and estimated cost).
Whenever there is a conflict between the terms and conditions set forth in a fully executed
Change Order and those set forth in the original SOW, the terms and conditions of the most
recent fully executed Change Order shall prevail.
Outdoor Wireless Mesh Project
The purpose of this form is to document change requests.Once completed,AOS submits the form to the client
for approval.AOS will not authorize any change to the project until the client signifies agreement to the changes
by signing this form.
^4 Section 1 Change Request
Client Name: Change p:
Outdoor Wireless Mesh Project for City of Osage Beach Page 12 of 13
Job p: Contract H/PO p:(If applicable)
Change Request Name:
Detailed Description of Requested Change(include reasons/benefits):
` Section 2.-Change Estimations
Action Required to Implement the Proposed Change(skill-set,material,tasks):
Estimated Impact to Existing Statement of Work(to schedule, budget,resources,specifications):
Change in price:
Hours Labor/Material Description Price Total
Specific Schedule Adjustments(Explain):
Section 3-Approval -
Accepted for City of Osage Beach by:
Name (Print): Title:
Signature: Date:
Accepted for Alexander Open Systems by:
Name (Print): Title:
Signature: Date:
Outdoor Wireless Mesh Project for City of Osage Beach Page 13 of 13
City of Jefferson, Missouri
Tabulation of Bids
Proposal[2697
Subject: Fuel Management System
Date: January 16, 2014 Neumayer Equipment Co Mid-State Petroleum Double Check
Department: ITS Jefferson City MO Hallsville MO Kansas City MO
PAGE 1
ITEM Unit Price Total Price Unit Price Total Price Unit Price
Fuel System Software asspecified $1,651.00 included below-software
in quote- mains stem Onsite Training
Install & setup
Central Maintenance Facility $15,604.00 $19,696.93
820 E. Miller
Parks Maintenance Center $13,073.00 $14,260.29
935 Ellis Blvd. $1,650.00
requirement of bid-not an option
Total bid $14,723.00
"alternate bid $12,704.00
Golf Center Golf Center
Hyde Park Facility, 2320 Hyde Park $10,908.00 $14,364.54
Wastewater Facility, 401 Mokane $14,050.00 $16,992.24
Support Plan & Preventative Maintenance
asspecified
Year One Included no prices listed per site
Year Two $521.00 per site
Year Three $548.00 per site
Year Four $577.00 per site
Year Five $607.00 per site
Year Six $640.00 per site
Year Seven $673.00 per site
Year Eight $708.00 per site
Year Nine $746.00 per site
Year Ten $785.00 1per site
City of Jefferson, Missouri
Tabulation of Bids
Proposall 2697
Subject: Fuel Management System
Date: January 16, 2014 Neumayer Equipment Co Mid-State Petroleum Double Check
Department: ITS Jefferson City MO Hallsville MO Kansas City MO
PAGE
ITEM Unit Price Total Price Unit Price Total Price Unit Price
Comments: "Prices quoted are for
software maintenance of
software installed at primary
facility only. Customer will
renew agreement directly with
manufacturer on annual
basis if elected.
Equipment Parts and Labor parts needed undetermined Central Maint. Option One Total E ui meni
Petro Link Wireless E ui
Mat. & Lab. $157,970.33
Parks & Rec. Maintenance
Option One-Petro Link
Mat. & Lab. $6,632.01
Option 2: New Fuel Dis .
Mat. & Lab $15,565.50
Hyde Park
Option One-Petro Link
$6,632.01
Waste Water
Option One-Petro Link
$6,144.66
Golf Ctr. Opt. 1 PetroLink
$6,627.55
i
� �sz36
CITY OF JEFFERSON
FOR
WIRELESS MESH NETWORK SYSTEM
THIS AGREEMENT made and entered this 281h day of March, 2014, by and between the City of
Jefferson,a Municipal Corporation,hereinafter referred to as"City,"and Alexander Open Systems.
hereinafter referred to as "Contractor."
WHEREAS, Contractor has become the lowest responsible bidder for furnishing the supervision,
labor, tools, equipment, materials and supplies and for installing the following improvements:
Purchase and installation of a wireless mesh network system for the City of Osage Beach,
Missouri, as set out in Request for Proposal No. 2708.
WHEREAS,Contractor is willing to enter into this Agreement with respect to the services upon the
terms and conditions herein set forth.
NOW, THEREFORE, be it agreed as follows:
I. Scope of Services.
Contractor agrees to provide supervision, labor, tools, equipment, materials and supplies
required for the purchase and installation of a wireless mesh network system for the City of
Osage Beach, Missouri, as set out in the Request for Proposal No. 2708.
2. Manner and Time for Completion.
Contractor agrees with the City to furnish all supervision, labor,tools, equipment, materials
and supplies necessary to perform, and to perform, said work at Contractor's own expense
in accordance with the contract documents and any applicable City ordinances and state and
federal laws, within sixty(60) calendar days from the date Contractor is ordered to proceed,
which order shall be issued by the Chief of Police of Jefferson City within ten(10)days after
the date of this contract.
3. Prevailing Wages.
To the extent that the work performed by Contractor is subject to prevailing wage law,
Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work
of a similar character in this locality, as established by Department of Labor and Industrial
Relations of the State of Missouri, and as established by the Federal Employment Standards
of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing
hourly rate of wages for this project because Contractor has obtained the prevailing hourly
rate of wages from the contents of Annual Wage Order No.20, Section 026, Cole County
rates as set forth. The Contractor further agrees that Contractor will keep an accurate record
showing the names and occupations of all workmen employed in connection with the work
to be performed under the terms of this contract. The record shall show the actual wages
paid to the workmen in connection with the work to be performed under the terms of this
contract. A copy of the record shall be delivered to the Fiscal Affairs Supervisor of the
Jefferson City Finance Department each week. In accordance with Section 290.250, RSMo,
Contractor shall forfeit to the City One Hundred Dollars (5100.00) for each workman
employed, for each calendar day or portion thereof that the workman is paid less than the
stipulated rates for any work done under this contract,by the Contractor or any subcontractor
under the Contractor.
4. Insurance.
Contractor shall procure and maintain at its own expense during the life 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 52,000,000
for all claims arising out of a single occurrence and S300,000 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 52.000.000 for all claims arising out of a single accident or
occurrence and $300,000 for any one person in a single accident or
occurrence.
C. Automobile Liability Insurance in an amount not less than 52,000,000 for all
claims arising out of a single accident or occurrence and 5300,000 for any
one person in a single accident or occurrence.
D. Owner's Protective Liability Insurance. The Contractor shall also obtain at
its own expense and deliver to the City an Owner's Protective Liability
Insurance Policy naming the City and the City as the insured, in an amount
not less than S2.000,000 for all claims arising out of a single accident or
occurrence and $300,000 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. No policy
will be accepted which excludes liability for damage to underground
structures or by reason of blasting, explosion or collapse.
E. 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.
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F. Scope of Insurance and Special Hazard The insurance required under Sub-
paragraphs(b)and(c)hereof shall provide adequate protection for Contractor
and its subcontractors, respectively, against damage claims which may arise
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 (f) 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 policy(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. 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 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 between
any subcontractor and the City or between any subcontractors.
6. Liquidated Damages.
The City may deduct One Hundred Dollars(S 100.00) from any amount otherwise due under
this contract for every day Contractor fails or refuses to prosecute the work,or any separable
part thereof, with such diligence as will insure the completion by the time above specified,
or any extension thereof,or fails to complete the work by such time, as long as the City does
not terminate the right of Contractor to proceed. It is further provided that Contractor shall
not be charged with liquidated damages because of delays in the completion of the work due
to unforeseeable causes beyond Contractor's control and without fault or negligence on
Contractor's part or the part of its agents.
7. Termination.
The City reserves the right to terminate this contract by giving at least five (5) days prior
written notice to Contractor, without prejudice to any other rights or remedies of the City
should Contractor be adjudged a bankrupt, or if Contractor should make a general
assignment 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
supply enough properly skilled workmen or proper material, or if Contractor should refuse
or fail to make prompt payment to any person supplying labor or materials for the work under
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the contract, or persistently disregard instructions of the City or fail to observe or perform
any provisions of the contract.
S. City's Right to Proceed.
In the event this contract is terminated pursuant to Paragraph 7, then the City may take over
the work and prosecute the same to completion,by contract or otherwise,and Contractor and
its sureties shall be liable to the City for any costs over the amount of this contract thereby
occasioned by the City. In any such case, the City may take possession of, and utilize in
completing the work such materials,appliances and structures as maybe 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.
9. Indemnim
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 attomeys' 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 itselt) 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.
10. Payment for Labor and Materials.
Contractor agrees and binds itself to pay for all labor done, and for all the materials used in
the construction of 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.
11. Supplies.
The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in
the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994
as amended. Contractor shall keep and maintain records and invoices of all such purchases
which shall be submitted to the City.
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12. Confidentiality.
The Contractor agrees that all information obtained or gained by the contractor as a result of
the contractors performance under this contract shall be confidential and that no reports,
documentation or material prepared as required by the contract shall be released to the public
without the prior written consent of the City.
13. Coordination & Security.
The contractor shall fully coordinate all contract activities with those activities of the City
and its agencies. Due to security requirements, the contractor shall furnish identifying
information for all individuals performing work under this agreement and/or entering the
buildings. Affected individuals include any personnel and/or subcontractors who have access
to the agency building during the course of performing the work and or services.
Background checks will be required and approval of on-site employees must be completed
prior to work. Contractor's employees shall present proper identification(which shall include
a picture), prior to work.
14. Pavment.
The City hereby agrees to pay Contractor the work done pursuant to this contract according
to the payment schedule set forth in the Contract Documents upon acceptance of said work
by the Chief of Police of Jefferson City, and in accordance with the rates and/or amounts
stated in the quote of Contractor dated January 24, 2014,which are by reference made a part
hereof. No partial payment to Contractor shall operate as approval or acceptance of work
done or materials furnished hereunder. The total amount of this contract shall not exceed
Forty-Nine Thousand Nine Hundred Seventy-Four Dollars and Twenty-One Cents
(549,974.21).
15. Performance and Payment Bond.
A Performance and Payment Bond in an amount equivalent to one hundred percent (100%)
of the Contract price, must be furnished and executed by the successful bidder or bidders.
The issuing Surety shall be a corporate Surety Company or companies of recognized standing
licensed to do business in the State of Missouri and acceptable to the City of Jefferson.
16. Contract Documents.
The contract documents shall consist of the following:
a. This Contract f General Provisions
b. Addenda g. Special Provisions
C. Information for Proposals h. Technical Specifications
d. Notice to Bidders i. Drawing and/or Sketches
e. Signed Copy of Bid j. FTA Clauses
This contract and the other documents enumerated in this paragraph, form the Contract
between the parties. These documents are as fully a part of the contract as if attached hereto
or repeated herein.
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17. Preference for U.S. Manufactured Goods.
On purchases in excess of 55,000, the City requests the contractor to use American products
in the performance of the contract.
18. Nondiscrimination.
Contractor agrees in the performance of this contract not to discriminate on the ground or
because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or
political opinion or affiliation, against any employee of Contractor or applicant for
employment and shall include a similar provision in all subcontracts let or awarded
hereunder.
19. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm its
enrollment and participation in a federal work authorization program with respect to
the employees working in connection with the contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly employ any
person who is an unauthorized alien in connection with the contracted services.
C. If contractor is a sole proprietorship, partnership, or limited partnership, contractor
shall provide proof of citizenship or lawful presence of the owner prior to issuance
of the Notice to Proceed.
20. Notices.
All notices required to be in writing may be given by first class mail addressed to City of
Jefferson, 320 East McCarty, Jefferson City, Missouri. 65101, and Contractor at 636 West
Republic Road, Unit F100, Springfield, Missouri,65810. The date of delivery of any notice
shall be the second full day after the day of its mailing.
21. Assignment of Contract.
The Contractor shall not assign or transfer this contract nor sublet it as a whole, without the
written consent of the City and of the Surety on the Contractor's bond. Such consent of
Surety, together with copy of assignment, shall be filed with the City. No assignment,
transfer or subletting,even though consented to,shall relieve the Contractor of his liabilities
under this contract. Should any assignee fail to perform the work undertaken by him in a
satisfactory manner, the City may at his option annul and terminate Assignee's contract.
22. Jurisdiction.
This agreement and every question arising hereunder shall be interpreted according to the
laws and statutes of the State of Missouri.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year
first above written.
CITY OF JEFFERSON ALEXANDER OPEN SYSTEMS
Mayor Tit e:
ATTEST: ATTEST:
C y Clerk Title:
APPROVED AS TO FORM:
City Counselor
FTA CLAUSES
Federal Funds To be Used
The City of Jefferson is a recipient of Federal Transit Administration funds-, therefore, the
following requirements shall be fully considered in preparing bids and performing work under any
resulting award.
No Obligation by the Federal Government.
(1)The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by
the Federal Government in or approval of the solicitation or award of the underlying contract,absent
the express written consent by the Federal Government,the Federal Government is not a party to this
contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. § 3801 et sec . and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract,the Contractor certifies or affirms the truthfulness and accuracy of any statement
it has made, it makes, it may make,or causes to be made,pertaining to the underlying contract or the
FTA assisted project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made,
a false, fictitious, or fraudulent claim, statement. submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of
1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim,statement,submission,or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally
awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to
impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. §5307(n)(1)on the Contractor,to the extent
the Federal Government deems appropriate.
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(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
Access to Records
The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(1), the Contractor agrees to
provide the Purchaser. the FTA Administrator, the Comptroller General of the United States or any
of their authorized representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to
provide the FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital project,defined at
49 U.S.C. 5302(a)I, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307. 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA
Administrator or his authorized representatives, including any PMO Contractor, access to the
Contractor's records and construction sites pertaining to a major capital project,defined at 49 U.S.C.
5302(a)I,which is receiving federal financial assistance through the programs described at 49 U.S.C.
5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the
simplified acquisition threshold currently set at S 100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non-
profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance
with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the
Comptroller General of the United States or any of their duly authorized representatives with access
to any books, documents, papers and record of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement
(defined at 49 U.S.C. 5302(a)l) through other than competitive bidding, the Contractor shall make
available records related to the contract to the Purchaser, the Secretary of Transportation and the
Comptroller General or any authorized officer or employee of any of them for the purposes of
conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
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6. The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this
contract, except in the event of litigation or settlement of claims arising from the performance of this
contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have
disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(l)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
Federal Changes
The contractor shall at all times comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Agreement
(Form FTA MA(10)dated October,2003)between Purchaser and FTA, as they may be amended or
promulgated from time to time during the term of this contract. Contractor's failure to so comply
shall constitute a material breach of this contract.
Civil Rights
The following requirements apply to the underlying contract:
(1) Nondiscrimination- In accordance with Title VI of the Civil Rights Act, as amended,42 U.S.C.
§ 2000d,section 303 of the Age Discrimination Act of 1975, as amended.42 U.S.C. § 6102, section
202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at
49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or
applicant for employment because of race, color, creed, national origin, sex, age, or disability. In
addition, the Contractor agrees to comply with applicable Federal implementing regulations and
other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
I
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the
Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations. "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sem., (which
implement Executive Order No. 11246, "Equal Employment Opportunity,"as amended by Executive
Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"
42 U.S.C. § 2000e note),and with any applicable Federal statutes,executive orders,regulations,and
Federal policies that may in the future affect construction activities undertaken in the course of the
Project. The Contractor agrees to take affirmative action to ensure that applicants are employed,and
that employees are treated during employment, without regard to their race, color, creed, national
f}.`Cmva"tJu'm.a\'+Ula+mYr QyT SWmn\Nvtl�+.\U�v\-0�,-T4 - 10
origin, sex, or age. 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. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor
agrees to retrain from discrimination against present and prospective employees for reason of age.
In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended,42 U.S.C. § 12112,the Contractor agrees that it will comply with the requirements of U.S.
Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment
of persons with disabilities. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole
or in part with Federal assistance provided by FTA, modified only if necessary to identify the
affected parties.
Incorporation of FrA Terms
The Recipient and contractor certify that terms in FTA C 4220.1 E which replaces FTA C4220.1 D
will be incorporated into contracts and sub-contracts.
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i
AFFIDAVIT
State of Missouri )
County of Cole )
The undersigned affiant. , being first duly swom, hereby deposes and says:
1. I am over the age of eighteen, suffer no legal disabilities, have personal
knowledge of the facts set forth below, and am competent to testify.
2. 1 am authorized to make this affidavit on behalf of
3. I hereby affirm that the company identified in section 2 of this affidavit is
enrolled and participates in a federal work authorization program with respect to
the employees working in connection with the contracted services. The name of
said Federal Work Authorization program is
4. I hereby affirm that the company identified in section 2 of this affidavit does not
knowingly employ any person who is an unauthorized alien in connection with
the contracted services.
This the day of . 2009.
Title
Sworn and subscribed before me this
the day of , 2009.
Notary Public
My Commission expires:
12 -
04 +Szs�0
CITY OF JEFFERSON
CONTRACT FOR 9-1-1 CENTER TELEPHONE UPGRADE
THIS CONTRACT, made and entered into this �) day of July, 2015, by and between the City of Jefferson,
Missouri, a municipal corporation, hereinafter referred to as "City," and Alexander Open Systems,
hereinafter referred to as "Contractor."
WITNESSETH:
THAT WHEREAS, Contractor agrees to provide equipment and perform services related to Request for
Proposal #2779.
NOW THEREFORE, the parties to this Contract agree to the following:
Scope of Services.
Contractor agrees to provide equipment and installation and perform the equipment maintenance services to
replace the ANUALI controller located at the Jefferson City Police Department at 401 Monroe Street, Jefferson
City, Missouri, with a Stand -Alone ANUALI Controller at the City of Jefferson Public Safety Answering Point
(PSAP) location, 401 Monroe Street, Jefferson City, Missouri, and a Stand -Alone ANUALI Controller at the back
up location at the Jefferson City Fire Station #3 at 302 Rock Hill Road, Jefferson City, Missouri, interfacing
with the current administrative phone system as the City of Jefferson, Missouri. more particularly described
in Request for Proposal #2779.
The equipment purchased by the City of Jefferson pursuant to this agreement shall be delivered to its proper
location and installed by the contractor at the convenience and direction of the City of Jefferson PSAP staff.
The City shall not be deemed to have accepted any component or piece of equipment until such time as said
equipment has been installed and operating error free for thirty (30) consecutive days in accordance with the
specifications. The City shall notify Contractor of completion of installment. Upon completion the work and
equipment shall be warrantied for twelve (12) months thereafter. The warranty shall fully cover workmanship,
materials, and labor on repairs. Should the City fail to notify contractor in writing of the date of acceptance,
the warranty shall be from August 1, 2015 — July 31, 2016
2. Contract Period.
Maintenance of all equipment shall be covered under a one(1) year warranty maintenance program starting
upon the final acceptance of the entire system. The annual renewable maintenance shall be in effect from July
_, 2016 through July _, 2017. With the consent of both parties, the Contract may be extended for five (5)
additional one (1) year periods.
9-1-1 Service.
9-1-1 Service is provided subject to the following:
A. 9-1-1 Service is provided solely for the benefit of City. The provision of such service shall not
be interpreted, construed, or regarded as being for the benefit of, or creating any Contractor
obligation toward or any right of action on behalf of, any third person or other legal entity.
B. Contractor does not undertake to answer and forward 9-1-1 calls, but furnishes the use of its
facilities to enable City to respond to such calls with City's personnel on City's premises.
C. The rates charged for 9-1-1 Service do not contemplate the inspection or constant monitoring
of facilities by Contractor to discover errors, defects and malfunctions in the service, nor does
Contractor undertake such responsibility. City shall make such operational tests of its own
equipment as are required, in the judgment of City, to determine whether its equipment is
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functioning properly for its use. City shall promptly notify Contractor if it discovers or has
reason to believe, after making operational tests on its own equipment, that the facilities of
service being provided by Contractor are not functioning properly.
Contractor's liability for any loss or damage arising from errors, interruptions, defects, failures, or malfunctions
of the 9-1-1 Service, or any part thereof, including any and all equipment and data processing systems
associated with the service or any part thereof, shall not exceed an amount equal to the pro rata charges for
the service affected during the period of time the 911 Service was fully or partially inoperative.
4. Manner and Time for Completion.
Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies
necessary to perform, and to perform, said work at Contractor's own expense in accordance with the contract
documents and any applicable City ordinances and state and federal laws, within sixty(60) calendar days from
the date Contractor is ordered to proceed, which order shall be issued by the Chief of Police within ten (10) days
after the date Contract is dully executed.
5. Authorization.
By executing this Contract, the representative signing on behalf of City specifically represents and affirms that
he has been duly authorized by the appropriate governing body of City to execute this Contract and to commit
City for the payment of the monies required, and that such authorization has been granted in accordance with
all applicable laws, including any Missouri contracting law provisions applicable to counties. Further, City's
representative agrees to furnish to Contractor, upon request, copies of all documents evidencing the granting
of such authority.
6. Non -Disclosure Agreement.
Upon execution of this Contract, City and Contractor agree to execute a 9-1-1 Non -Disclosure Agreement to be
mutually agreed upon.
Prevailing Wages.
To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay
a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as
established by Department of Labor and Industrial Relations of the State of Missouri, and as established by
the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor
knows the prevailing hourly rate ofwages for this project because Contractor has obtained the prevailing hourly
rate of wages from the contents of Annual Wage Order No. 21 in which the rate of wages is set forth.
Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of
all workmen employed in connection with the work to be performed under the terms of this Contract. The
record shall show the actual wages paid to the workmen in connection with the work to be performed under the
terms of this Contract. A copy of the record shall be delivered to the Chief of Police each week. In accordance
with Section 290.250, RSMo, Contractor shall forfeit to the City One Hundred Dollars ($100.00) for each
workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated
rates for any work done under this Contract, by the Contractor or any subcontractor under the Contractor.
8. Insurance.
Contractor shall procure and maintain at its own expense during the life of this Contract:
A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this
Contract.
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B. Contractor's Public Liability Insurance in an amount not less than $2,000,000 for all claims
arising out of a single occurrence and $300,000 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 $2,000,000 for all claims arising out of a single accident or occurrence
and $300,000 for any one person in a single accident or occurrence.
C. Automobile Liability Insurance in an amount not less than $2,000,000 for all claims arising
out of a single accident or occurrence and $300,000 for any one person in a single accident or
occurrence.
D. Owner's Protective Liabilitv Insurance. Contractor shall also obtain at its own expense and
deliver to the City an Owner's Protective Liability Insurance Policy naming the City of
Jefferson as the insured, in an amount not less than $2,000,000 for all claims arising out of a
single accident or occurrence and $300,000 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. No policy will be accepted which excludes liability
for damage to underground structures or by reason of blasting, explosion or collapse.
E. Subcontracts. In case any or all of this work is sublet, Contractor shall require the
Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and
(c) hereof and in like amounts.
F. Scope of Insurance and Special Hazard. The insurance required under Sub -paragraphs (b) and
(c) hereof shall provide adequate protection for Contractor and its subcontractors, respectively,
against damage claims which may arise 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 (f) 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 policy (or rider
attached thereto) of the general contractor provides adequate protection against claims arising from operations
by anyone directly or indirectly employed by Contractor.
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,
th
insofar as applicable to the work of subcontractors and to give Contractor e same power 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 between any subcontractor and the
City or between any subcontractors.
10. Termination.
The City reserves the right to terminate this Contract by giving at least five (5) days prior written notice to
Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a
bankrupt, or if Contractor should make a general assignment 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 supply enough properly skilled workmen or proper material, or if Contractor should refuse or
fail to make prompt payment to any person supplying labor or materials for the work under the Contract, or
persistently disregard instructions of the City or fail to observe or perform any provisions of the Contract and
Contractor fails to cure the condition that is the basis for the threatened termination within 20 business days
following receipt of written notice detailing the nature of the failure from the City.
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11. City's Right to Proceed.
In the event this Contract is terminated pursuant to paragraph 12, then the City may take over the work and
prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to
the City for any costs over the amount of this Contract thereby occasioned by the City. In any such case the
City may take possession of, and utilize in completing the work, such materials, appliances and structures as
may be on the work site that City has paid for 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.
12. Payment for Labor and Materials.
Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction
of 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.
13. 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 certificates 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.
14. Payment.
The City hereby agrees to pay Contractor the work done pursuant to this Contract according to the payment
schedule set forth in the Contract Documents upon acceptance of said work by the Chief of Police and in
accordance with the rates and/or amounts stated in the bid of Contractor dated March 16, 2015, which are by
reference made a part hereof No partial payment to Contractor shall operate as approval or acceptance of work
done or materials furnished hereunder. The total amount of this Contract shall not exceed Two Hundred
Ninety -Seven Thousand Four Hundred Eight -Eight Dollars ($297,488.00). Beginning with Year two (2) through
year six (6), the annual renewable maintenance fee shall be Twenty -Three Thousand One Hundred Ninety -
Eight Dollars and Ninety -Three Cents ($23,198.93)
15. Rates.
The equipment and 911 Service will be provided at the rates stated in Contractor's proposal.
16. Contract Documents.
The Contract documents shall consist of the following:
a. This Contract
f.
Terms and Conditions of Sale
b. Addenda
g.
Special Provisions (if any)
C. Information for Bidders
h.
Technical Specifications
d. Notice to Bidders
I.
Drawings and/or sketches
e. Signed Copy of Bid
This Contract and the other documents enumerated in this paragraph, form the Contract between the parties.
These documents are as fully a part of the Contract as if attached hereto or repeated herein.
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17. Nondiscrimination.
Contractor agrees in the performance of this Contract not to discriminate on the ground or because of race,
creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against
any employee of Contractor or applicant for employment and shall include a similar provisi on in all
subcontracts let or awarded hereunder.
19. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and
participation in a federal work authorization program with respect to the employees working in
connection with the contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an
unauthorized alien in connection with the contracted services.
C. If contractor is a sole proprietorship, partnership, or limited partnership, contractor shall provide proof
of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed. ,
20. Notices.
All notices required to be in writing may be given by first class mail addressed to the Chief of Police, City of
Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at Alexander Open Systems,
12980 Foster Street, Suite 300, Overland Park, Kansas, 66213. The date of delivery of any notice shall be the
second full day after the day of its mailing. -
21. Jurisdiction.
This Contract and every question arising hereunder shall be interpreted according to the laws and statutes of
the State of Missouri.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first
above written.
CITY OF JEFFERSON, MISSOURI
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City Clerk
APPROVED AS TO FORM:
y Counselor
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R OPEN SYSTEMS
President
ATTEST:
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