HomeMy Public PortalAbout20140418 finance packetNotice of Meeting and Tentative Agenda
CITY OF JEFFERSON
Finance Committee
Friday, April 18, 2014 at 7:30 AM
City Hall, 320 E. McCarty Street, Jefferson City, MO ~ Boone-Bancroft Room
TENTATIVE AGENDA
1. Call to Order
2. Roll Call
3. Fuel Management System – Bill Betts
4. Revisions of Purchasing Rules – Drew Hilpert
5. New Business
6. Old Business
7. Adjournment
NOTES
Individuals should contact the ADA Coordinator at (573) 634 -6570 to request accommodations or alternative
formats as required under the Americans with Disabilities Act. Please allow three business days process the
request.
BILL NO ·--=2=0;....:.1...:...4--=2'---
SPONSORED BY COUNCILMAN -'--S=c~h=ul=te'-----
ORDINANCE NO. ____________ _
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NEUMAYER
EQUIPMENT COMPANY FOR THE PURCHASE AND INSTALLATION OF AN
AUTOMATED FUEL SYSTEM.
WHEREAS, Neumayer Equipment Company has become the apparent lowest and best
proposal for the purchase and installation of an automated fuel system.
NOW, THEREFORE, BE IT . ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The proposal of Neumayer Equipment Company is declared to be the
lowest and best proposal and is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement
with Neumayer Equipment Company for the purchase and installation of an automated fuel
system.
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.
Passed: __________ _ Approved: _________ _
Presiding Officer Mayor
ATIEST: APPROVED AS TO FORM:
City Clerk CitiCounselor
CITY OF JEFFERSON
FUEL MANAGEMENT SYSTEM
THIS CONTRACT, made and entered into this __ dayofMay, 2014, by and between Neumayer
Equipment Company, hereinafter called "Contractor", and the City of Jefferson, Missouri, a
municipal corporation, hereinafter called "City."
WITNESSETH: Whereas, Contractor has become the lowest responsible bidder for furnishing the
supervision, labor, tools, equipment, materials and supplies and for constructing the following City
improvements: Purchase and installation of a Fuel Management System for the City of
Jefferson, Missouri facilities as set out in Request for Proposal No. 2697.
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Services.
Contractor agrees to provide supervision, labor, tools, equipment, materials and supplies
required for the purchase and installation of a Fuel Management System for the City of
Jefferson, Missouri facilities as set out in Request for Proposal No. 2697.
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 for purchase and installation of equipment from
the date Contractor is ordered to proceed, which order shall be issued by the Purchasing
Department within ten ( 1 0) days after the date of this contract.
3. Payment.
Payment shall be made to Contractor by City following the submission by Contractor of an
itemized statement following completion of services. Payment shall be made to Contractor
by City following the submission by Contractor of an itemized statement following
completion of services. No partial payment. to Contractor shall operate as approval or
acceptance of work done or materials furnished hereunder. The total amount of this contract
for purchase and installation of equipment shall not exceed thirty-two thousand nine hundred
twenty-seven dollars ($32,927.00).
4. 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 ofLabor. 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 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 Purchasing Agent each week. In
accordance with Section 290.250, RSMo, Contractor shall forfeit to the City One Hundred
Dollars ($1 00.00) 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
Contractor or any subcontractor under the Contractor.
5. Pricing.
Pricing shall be as included with Contractor's response quoted on the Proposal.
6. 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 $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 Liability 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
$500,000 for all claims arising out of a single accident or occurrence and
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$100,000 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 oflnsurance 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.
7. 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.
8. Liquidated Damages.
The City may deduct Two Hundred Fifty Dollars ($250.00) 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 ensure 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
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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.
9. 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.
10. City's Right to Proceed.
In the event this contract is terminated pursuant to Paragraph 9, 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
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.
11. Indemnity.
To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the
City, its elected and appointed officials, employees, and agents from and against any and all
claims, damages, losses, and expenses including attorneys' fees arising out of or resulting
from the performance of the work, provided that any such claim, damage, loss or expense (1)
is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property (other than the Work itself) including the loss of use resulting therefrom
and (2) is caused in whole or in part by any negligent act or omission of contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which would otherwise exist as
to any party or person described in this Paragraph.
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.
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13. Supplies.
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 1986
as amended.
14. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later than ten
(1 0) days after the execution of this contract, guaranteeing the Contractor's performance of
the work bid for, the payment of amounts due to all suppliers of labor and materials, the
payment of insurance premiums for workers compensation insurance and all other insurance
called for under this contract, and the payment of the prevailing wage rate to all workmen
as required by this contract, said bond to be in a form approved by the City, and to be given
by such company or companies as may be acceptable to the City in its sole and absolute
discretion. The amount of the bond shall be equal to the Contractor's bid.
15. Knowledge of Local Conditions.
Contractor hereby warrants that it has examined the location of the proposed work and the
attached specifications and has fully considered such local conditions in making its bid
herein.
16. Severability.
If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal,
invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the
legality, validity, or enforceability of the contract as a whole, or of any section, subsection,
sentence, clause, or attachment not so adjudged.
17. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State
of Missouri shall have jurisdiction over any dispute which arises under this contract, and
each of the parties shall submit and hereby consents to such courts exercise of jurisdiction.
In any successful action by the City to enforce this contract, the City shall be entitled to
recover its attorney's fees and expenses incurred in such action.
18. Contract Documents.
The contract documents shall consist of the following:
a. This Contract f.. General Provisions
b. Addenda g. Special Provisions
c. Request for Proposals h. Technical Specifications
d. Notice to Bidders 1. Drawing and/or Sketches
e. Signed CopyofProposal J. PTA 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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19. Complete Understanding, Merger.
Parties agree that this document including those documents described in the section entitled
"Contract Documents"represent the full and complete understanding of the parties. This
contact includes only those goods and services specifically set out. This contract supersedes
all prior contracts and understandings between the Contractor and the City.
20. Authorship and Enforcement
Parties agree that the production of this document was the joint effort ofboth parties and that
the contract should not be construed as having been drafted by either party. In the event that
either party shall seek to enforce the terms of this contract through litigation, the prevailing
party in such action shall be entitled to receive, in addition to any other relief, its reasonable
attorneys fees, expenses and costs.
21. Amendments.
This contract may not be modified, changed or altered by any oral promise or statement by
whomsoever made; nor shall any modification of it be binding upon the City until such
written modification shall have been approved in writing by an authorized officer of the City.
Contractor acknowledges that the City may not be responsible for paying for changes or
modifications that were not properly authorized.
22. Waiver of Breech.
Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of
the terms covenants or conditions herein shall not be deemed a waiver of any such terms,
covenants or conditions, nor shall any failure at one or more times be deemed a waiver or
relinquishment at any other time or times by any right under the terms, covenants or
conditions herein.
23. Assignment.
Neither party may sell or assign its rights or responsibilities under the terms of this agreement
without the express consent of the remaining party.
24. 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.
25. Notices.
All notices required to be in writing may be given by first class mail addressed to City of
Jefferson, Purchasing Department , 3 20 East McCarty, Jefferson City, Missouri, 65101, and
Contractor at Neumayer Equipment Company, 5060 Arsenal Street, St. Louis, Missouri,
63139. The date of delivery of any notice shall be the second full day after the day of its
mailing.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this __ day ofMay,
2014.
CITY OF JEFFERSON NEUMAYER EQUIPMENT COMPANY
Title:
ATTEST: ATTEST:
Title:
APPROVED AS TO FORM:
CitfCOunselor
7
fiNANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Proposal 2697 -Automated Fuel Management System,
Inf01mation Technology Services, Received January 16,2014
RECOMMENDATION:
Staff recommends award of the proposal to the lowest and best proposal meeting the
specifications, Neumayer Equipment Company of Jefferson City, Missouri. Total amount of the
recommended award is $32,927.00.
PROPOSALS RECEIVED:
Neumayer Equipment Co, Jefferson City, Missouri
Mid-State Petroleum, Hallsville, MO
$32,927.00
$42,372.22
$58,614.00 Double Check, Kansas City, MO
Four additional vendors were sent the specifications but did not respond. The request was
advertised in the News Tribune and posted on the City web site.
FISCAL NOTE:
21-260-573030
Purchase!Improv. Building/Land
2013-14 Budget
Expended
Encumbered
Proposal 2697
Balance
$23,000.00
-0-
-0-
$15,323.00
$ 7,677.00
PAST PERFORMANCE:
44-990-578051
ITS/GIS
2013-14 Budget
Expended
Encumbered
Proposal 2697
Balance
$86,495.32
11,397.14
-0-
$17,604.00
$57,494.18
Neumayer Equipment Company has been awarded projects in the past and has completed work
as specified and bid.
ATTACHMENTS-SUPPORTING DOCUMENTATION
Director, Information Technology Services
Memo
To:
. L. Lf.,,tf .. znl'-f
Bill Betts, Director oflnfonnation Technology ~ fl
From: JeffStrubberg, Systems Analyst ~ ~ .... 14 .. .}1)1'-\
Date: 4/14/2014
Re: RFP 2697-Fue1 Management System
A committee composed of Britt Smith ofPublic Works, JJ Gates ofParks and
Recreation, Shawn Stumpe of Central Maintenance, and myself evaluated proposals
from three offerors;
-Neumayer Equipment Company
-Mid-State Petroleum
-Double Check
The committee feels that due to the lower overall cost of the Neumayer proposal
combined with their local presence and the flexibility of the system proposed, Neumayer
is both the best and the lowest cost option for the project.
The system will be installed at the Parks Maintenance facility and the Central
Maintenance facility. Costs and account numbers for these installs are as follows:
1. Parks Maintenance-total cost $15,323, account# 21-260-573030
2. Central maintenance-total cost $17,604, account# 44-990-578051
Please let me know if you have any questions or require additional information.
Total Neumayer Equipment Mid-State Double
Criteria Points Company Petroleum Check
Demonstrate clearly and completely your
ability and capacity to meet all RFP conditions
and miscellaneous instructions as outlined 20 20 20 20
Ability to meet or exceed all provider
qualification requirements and/or
specifications as outlined herein 20 20 20 20
Proposal of equipment described herein with
the most advantageous and prudent
methodology to the City 10 10 10 10
Cost 40 40 29 24
Warranty and Availability of Equipment 10 10 5 5
100 100 84 79
Fuel Management Sl£Stem NeumaJler Eguiement Co Mid-State Petroleum Double Check
Jefferson City MO Hallsville MO Kansas Citll MO
ITEM
Base System-central software $3,626.00
Installation $2,880.00
Training $2,880.00
Key Programmer $2,965.00
included included Total $12,351.00
Central Maintenance Facility Equipment $15,604.00 $19,696.93 $14,200.00
820 E. Miller Additional Keys $2,000.00 Installation $2,625.00 Installation $4,510.00
Total $17,604.00 $22,321.93 $18,710.00
Parks Maintenance Center Equipment $13,073.00 $14,260.29 $13,293.00
935 Ellis Blvd. Electrical $1,650.00 $3,790.00 $14,260.00
Installation
Total $14,723.00 $18,050.29 $27,553.00
Training Web-based $600.00 $2,000.00 none listed
(two sessions) (two sessions)
Support Plan & Preventative Maintenance
as specified
Year One Included no prices listed per site $1,250.00
Year Two $521.00 per site $1,313.00
Year Three $548.00 per site $1,378.00
Year Four $577.00 per site $1,447.00
Year Five $607.00 per site $1,519.00
Year Six $640.00 per site $1,595.00
Year Seven $673.00 per site $1,675.00
Year Eight $708.00 per sile $1,759.00
Year Nine $746.00 per site $1,847.00
Year Ten $785.00 per site $1,939.00
Purchase Costs (training included) $32,927.00 $42,372.22 $58,614.00
BILL SUMMARY
BILL NO: ----=2=01..:....4:......:-2=------
SPONSOR: Councilman Schulte
SUBJECT: Authorizing Contract with Neumayer Equipment Company for Automated
Fuel System
DATE INTRODUCED: April21, 2014
Summary: This bill will authorize a contract with Neumayer Equipment Company for the
purchase and installation of an automated fuel system for the Parks & Recreation
Department and the Central Maintenance Facility.
Background Information: The City has an automated fuel system at Central Maintenance
that is outdated and requires new equipment to be purchased in order to expand the
system to other fueling locations. The Parks Maintenance facility has a fuel tank and pump
but no management system for the dispensing of fuel. The installation will take place at
both Central Maintenance and Parks Maintenance and provide better control of our fuel
dispensing systems. The funding for the project will be split between the Parks and
Recreation fund and Sales Tax F.
Fiscal Information:
Account Number: 21-260-573030
Account Number: 44-990-578051
Amount: $15,323.00
Amount: $17,604.00
Origin of Request: Information Technology Services
Department Responsible: Information Technology Services
Person Responsible: BILL BETTS, ITS DIRECTOR, Bill Lockwood, Parks and Recreation
Director and Matt Morasch, Public Works Director
Staff Recommendation: Approve