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HomeMy Public PortalAboutORD16005BILL NO. 2019-097 SPONSORED BY Councilman Hussey ORDINANCE NO. jLODOj AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTECH & ASSOCIATES FOR HEATING, AIR CONDITIONING AND REFRIDGERATION MAINTENANCE SERVICES. WHEREAS, Centech & Associates has become the apparent lowest and best bid for Heating, Air Conditioning and Refrigeration Maintenance services. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Centech & Associates is declared to be the lowest and best bid and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Centech & Associates for Heating, Air Conditioning and Refrigeration Maintenance services. Section 3. The agreement shall be substantially the same in form and content as the agreement attached here to 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:202,0 I (Vitrx, Presiding Officer ATTEST: /1111.. ,.. Ark' ! � Approved: 4i-- 41 X020 Mayor Carrie Tergin APPROVED AS TO FORM: C Clerk City EXHIBIT A CITY OF JEFFERSON HEATING, AIR CONDITIONING AND REFRIGERATION AGREEMENT THIS AGREEMENT made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as "City," and Centech & Associates hereinafter referred to as "Contractor." WHEREAS, the City of Jefferson, Missouri, is desirous of obtaining maintenance, repair and replacement services for City heating, air conditioning and refrigeration units; and WHEREAS, Contractor is willing to enter into this agreement with respect to their employment and services upon the terms and conditions herein set forth. NOW, THEREFORE, be it agreed as follows: 1. Scope of Services. Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for the preventative maintenance, service, repairs, replacement or related work on City heating, air conditioning and refrigeration systems which include the following City buildings (any other location added by the City after the contract has commenced): Police Department Fire Museum 401 Monroe Street, Jefferson City, MO 911 E. Miller Street, Jefferson City, MO Water Pollution Control Plant (All related buildings) 401 Old Mokane Road, Jefferson City, MO Collections System Maintenance 2320 Hyde Park Road, Jefferson City, MO Animal Control Fire Station No. 1 919 E. Miller Street, Jefferson City, MO 621 W. High Street, Jefferson City, MO Fire Station No. 2 Fire Station No. 3 2935 E. McCarty Street, Jefferson City, MO 302 Rock Hill Road, Jefferson City, MO Fire Station No. 4 Fire Apparatus Building 820 Ellis Boulevard, Jefferson City, MO 2304Hyde Park Road, Jefferson City, MO Fire Station No. 5 Parking Division 1005 Fairgrounds Road, Jefferson City, MO 201 Madison Street, Jefferson City, MO Jefferson City Memorial Airport (All related buildings) 500 Airport Road, Jefferson City, MO City Annex 427 Monroe Street, Jefferson City, MO 305 E. Miller Street, Jefferson City, MO Street Division 2310 Hyde Park Road, Jefferson City, MO Fire Drill Tower 915 E. Miller Street, Jefferson City, MO John G. Christy Building Transit/Central Maintenance Facility 320 E. McCarty Street, Jefferson City, MO 820 E. Miller Street, Jefferson City, MO Binder Park - Caretakers House Memorial Park Aquatic Center 5525 Henwick Lane, Jefferson City, MO 120 Binder Drive, Jefferson City, MO 1 Binder Park - Caretakers House Washington Park - Caretakers House 5518 Rainbow Drive, Jefferson City, MO 900 Indiana Street, Jefferson City, MO Binder Park - Caretakers House Animal Control Shelter 5422 Rainbow Drive, Jefferson City, MO 2308 Hyde Park Road, Jefferson City, MO Binder Campground - Bath House Washington Park Recreation Center 114 Campground Court, Jefferson City, MO 1203 Missouri Boulevard, Jefferson City, MO Washington Park Maintenance Building Golf Course Maintenance & Operations Ctr 810 Myrtle Avenue, Jefferson City, MO 930 Ellis Boulevard, Jefferson City, MO Parks Maintenance & Operations Center Historic House - Riverside Park 935 Ellis Boulevard, Jefferson City, MO 401 Ellis Porter Drive, Jefferson City, MO McClung Park - Indoor Pavilion McClung Park - Little Theater Bldg. 931 McClung Park Drive, Jefferson City, MO 1005 Chestnut Street, Jefferson City, MO Washington Park Ice Arena (Non -Ice Related Equipment Only) 711 Kansas Avenue, Jefferson City, MO Optimist Sports Complex 2000 Optimist Court, Jefferson City, MO Shikles Rec Center (LaSalette Building) Street Division 1200 Linden Drive, Jefferson City, MO 901 E. Miller Street, Jefferson City, MO Oak Hills Golf Course Clubhouse Church Annex 932 Ellis Boulevard, Jefferson City, MO 415 Monroe Street, Jefferson City, MO North Jefferson City Multipurpose Bldg. Binder Sports Complex Rest/Concession 810 Sandstone, Jefferson City, MO 280 S. Binder Lake Road, Jefferson City, MO Green Berry Acres Indoor Cabin 1915 Green Berry Road, Jefferson City, MO 2. Contract Period. This contract shall be in effect from February 10, 2020 through February 9, 2021. This agreement shall automatically renew for two (2) additional one (1) year periods unless the City provides Contractor a written notice of non -renewal at least thirty (30) days prior to the first day of a renewal period. 3. Rates. Service will be provided at the following rates: maintenance work (labor rate per hour) YEAR ONE COST PER HOUR (normal working hours) Commercial Residential COST PER HOUR (overtime work hours) -2- $70 $70 Commercial $85 Residential $85 COST PER HOUR (overtime, Sunday and holiday) Commercial $95 Residential $95 YEAR TWO COST PER HOUR (normal working hours) Commercial $73 Residential $73 COST PER HOUR (overtime work hours) Commercial $88 Residential $88 COST PER HOUR (overtime, Sunday and holiday) Commercial Residential YEAR THREE COST PER HOUR (normal working hours) Commercial Residential COST PER HOUR (overtime work hours) Commercial Residential COST PER HOUR (overtime, Sunday and holiday) Commercial Residential $98 $98 $76 $76 $91 $91 $101 $101 4. Response Time. Repair service is to be provided on same day the call is received or on next regular working day. In the event emergency service is required after regular work day, Contractor will be paid the overtime labor rate. 5. Normal and Overtime Work Hours. Normal working hours are 8:00 a.m. to 5:00 p.m. on weekdays. Overtime hours are 5:00 p.m. to 8:00 a.m. on weekdays. Saturday, Sunday and holiday hours are 12:01 a.m. to 11:59 p.m. The quantity of work for which payment will be made will be for work man hours actually performed at the site. - 3 - Payment for work hours will be paid for the quantity as above determined at the unit price shown above, which price includes cost of labor, equipment normally associated with the type of repair, travel, benefits, overhead, profit, insurance and else necessary therefor and incidental thereto. 6. Payment. Payment shall be made to Contractor by City on a monthly basis following the submission by Contractor of an itemized, detailed statement of services rendered, which shall be presented to the Finance Department of the City no later than the fifth (5th) day of the month following rendition of the services. 7. Prevailing Wage Law. To the extent that the work performed by Contractor is subject to prevailing wage law, the Contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive, RSMo. Prevailing Wage is not required for any work under $75,000.00 in aggregate cost. Work exceeding the $75,000.00 will be bid and will not be covered under this agreement. 8. Prompt Payment. The Contractor agrees to pay each subcontractor under this contract for satisfactory performance of its contract no later than thirty (30) days from receipt of payment the Contractor receives from the City. The Contractor further agrees to return retainage payments to each subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above -referenced timeframe may occur only for good cause following written approval of the City. This clause applies to both DBE and none -DBE subcontractors. 9. Estimate and Work Write -Up. For any work performed by the Contractor in excess of $1,000.00, the Contractor will provide a written estimate of cost to the appropriate department head first, along with a copy of the Purchasing Division before proceeding with work. After work is completed, Contractor will provide a write-up of work performed to the department head, with a copy to the Purchasing Division. 10. Parts and Materials. In the event the City does not provide materials or supplies, the Contractor shall provide same and will be reimbursed for costs for which they shall provide invoices as set forth in Exhibit A. All work shall be according to the provisions of the appropriate codes and regulations of the City, state and federal governments. 11. Reports. The contractor shall maintain a monthly log of all service performed that month, if any. The monthly log shall remain on the premises of each building at a mutually agreed upon location accessible to both the contractor and the designated contact person for each City building. The City shall maintain a monthly log of any service inadequately performed. The contractor shall review this monthly log and correct services within twenty-four (24) hours that were inadequately performed. The contractor must indicate on this form that he has corrected the service that was inadequately performed. The log will be located in each building accessible to both the contractor and the City contact person for each building. 12. Unclassified Work. -4- Should the nature of a repair require labor, equipment and/or material not susceptible to classification under any items scheduled in the contract, the City can authorize the use of the unclassified labor. The rule for unclassified labor shall be the number of hours actually worked and the repairs plus reasonable travel time and will consist of the individual's hourly rate plus hourly fringe benefits plus employer's payroll contributions with a fifteen percent (15%) additional for overhead and profit. Payment for equipment not susceptible to classification under any scheduled items in the contract will be limited to: A. For equipment rented by the vendor, the actual rental paid plus fifteen percent (15%) for overhead and profit. B. For equipment owned by the vendor, the monthly rental rate charged by recognized rental organizations times the number of hours the equipment was necessary for repairs plus reasonable travel time from the storage location to the site, all divided by one hundred seventy-six (176) hours. Payment for material not susceptible to classification under any scheduled items in the proposal will be applicable column price plus fifteen percent (15%) for overhead and profit. Prior to payment being authorized, the Contractor shall submit an itemized breakdown of the unclassified labor, equipment and/or material. The breakdown shall include information and documentation sufficient to substantiate the Contractor's claim. 13. Visit Notice. Contractor shall sign in at site locations and enter the date, time in and time out of each service visit, and name and service level (shopman, journeyman, etc.) of the individual performing the service. Tickets without this information will not be paid. 14. Identification. Employees of the Contractor shall have proper identification and present same prior to servicing. Identification must show the employee's service level (shopman, journeyman, etc.) 15. Insurance. Contractor agrees to obtain and maintain throughout the term of this contract A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Contractor's Public Liability Insurance in an amount not less than $3,000,000 for all claims arising out of a single occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's Property Damage Insurance in an amount not less than $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. The City shall be endorsed as an additional insured on any such policy for the entire term of this contract; C. Automobile Liability Insurance in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence. - 5 - 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. F. The Certificates of Insurance furnished to the City showing proof of compliance with these insurance requirements shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least fifteen days prior written notice has been given to the City. 16. Performance Bond. This contract is to include all maintenance and new units that are bid and will be approximately $70,000.00 per year. 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. 17. Indemnity. Contractor agrees to indemnify and hold harmless the City for any and all damages, injuries, actions, costs, attorney's fees and other expenses whatsoever arising out of the performance of said work whether the property or persons damaged are the servants and employees of the Contractor or third parties in no manner connected with said work. 18. Contract Documents. The contract documents shall consist of the following: a. b. c. d. e. This Contract Addenda Information for Bidders Notice to Bidders 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. 19. Reserved Rights of the City. The City reserves the right to separate any individual unit or location from coverage in this contract and to pursue any other methods of servicing that it desires. 20. Illegal Immigration. Prior to commencement of the work: a. b. c. 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. 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. 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 21. OSHA Training. a. Contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program -6- approved by the department which is at least as stringent as an approved OSHA program. b. All employees subject to this provision are required to complete the program within sixty days of beginning work on such construction project. c. Any employee, agent or subcontractor of the Contractor subject to this provision found on a worksite without documentation of the successful completion of the course shall be afforded twenty days to produce such documentation after which time they shall be removed from the project. d. If Contractor fails the provisions of subsection B, C, or D, the Contractor shall forfeit as a penalty two thousand five hundred dollars plus one hundred dollars for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time period in subsections A or B, whichever is applicable, of this section have elapsed. e. The City shall withhold and retain from any amount due under the contract, all sums and amounts due and owing as a result of any violation of this section when making payments to the contractor under the contract. The contractor may withhold from any subcontractor, sufficient sums to cover any penalties the City has withheld from the contractor resulting from the subcontractor's failure to comply with the terms of this section. 22. Federal Funds to be Used. The City of Jefferson is a recipient of federal grant funds. Therefore, the grant requirements in Exhibit B shall be fully considered in preparing responses and performing work under any resulting award. 23. Failure to Perform. Should Contractor fail to provide services as set forth pursuant to this contract, or fail to meet any of the contract provisions, this contract may be canceled at the sole option of the City upon giving five (5) days written notice to Contractor. 24. Cancellation. The City reserves the right to cancel, without cause, this contract with fifteen (15) days written notice. 25. Notices. All notices, consents, authorizations, requests and statements hereunder shall be deemed to have been properly given if delivered by and or mailed by first class United States mail, postage prepaid, to the City of Jefferson, 320 East McCarty, Jefferson City, Missouri, 65101, and Centech & Associates, 4316 Route CC, Jefferson City, Missouri, 65109. - 7 - CITY OF JEFFERSON, MISSOURI Carrie Tergin, Mayor ATTEST: APPROVED AS TO FORM: City C nse r 8 CENTECH & ASSOCIATES Title: Date: ATTEST: Title: