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HomeMy Public PortalAboutORD16114BILL NO. 2020-069 SPONSORED BY Councilmember Hussey ORDINANCE NO. /�y 114 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A CONTRACT WITH SCHINDLER ELEVATOR CORPORATION OF ST. LOUIS, MISSOURI AND SUPPLEMENTAL APPROPITIONS AMENDING THE FY2021 BUDGET BY TRANSFERRING FUNDS WITHIN THE PARKING FUND. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. There is hereby supplementally appropriated within the Parking Fund $45,000.00 as indicated on Exhibit A, attached hereto. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Schindler Elevator Corporation of St. Louis, Missouri for elevator repairs in the Madison Street Parking Garage. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit B. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: / Presiding Officer ATTEST: Approved. 'LD Mayor Carrie Tergin APPROVED AS TO FORM: City A or y CERTIFICATION BY MAYOR Pursuant to Article VII, Section 7.1(5.) Of the Charter of the City of Jefferson, Missouri, hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. ow� Mayor Carrie Tergin Bill 2020-069 Exhibit A SUPPLEMENTAL APPROPRIATION FISCAL YEAR 2020-2021 BUDGET Parking Fund: Revenue 62-100-495995 Transfer From (to) Surplus $ 45,000.00 Expenditure 62-620-540010 Building & Grounds Maint $ 45,000.00 CITY OF JEFFERSON CONTRACT FOR CONSTRUCTION THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between Schlinder Elevator Corporation, hereinafter called "Contractor", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City." WITNESSETH: That Whereas, Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies for the following City improvements: elevator repairs in City parking garage. NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for elevator repairs in City parking garage, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail. 2. 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 an Agent of the City of Jefferson, and in accordance with the rates and/or amounts stated in the bid of Contractor dated February 23, 2021, 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 Thirty -Nine Thousand Five Hundred Nineteen Dollars and Seventy -Seven Cents ($39,519.77). 3. 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 two (2) weeks of the date the Contractor begins such elevator repairs. 4. Prevailing Wages. Prevailing wage does not apply to public works projects with a bid price under $75,000. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Annual Wage Order No. 26 Section 026 in which the rate of wages is set forth. Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workers employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workers in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City One Hundred Dollars ($ 100.00) for each worker employed, for each calendar day or portion thereof that the worker is paid less than the stipulated rates for any work done under this contract, by Contractor or any subcontractor under the Contractor. 5. 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 $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 $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. 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. 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 $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, 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. Such policy shall not be required if the City of Jefferson is endorsed as an additional insured under the policies described in Sub -paragraphs B and C above and such are not subject to cancellation or modification without thirty (30) days' notice to the City. 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 Sub -paragraphs 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 subcontracts, 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. 6. 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. 7. Liquidated Damages. The City may deduct Two Hundred Dollars ($200.00) 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 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. 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. 9. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 8, 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. 10. Indemnity. To the fullest extent permitted by law, the Contractor will defend, 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. 11. 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. 12. 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. 13. IRESERVEDI 14. 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. 15. 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. 16. 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 attorneys' fees and expenses incurred in such action. 17. Contract Documents. The contract documents shall consist of the following: a. This Contract d. Notice to Bidders b. Addenda e. Signed Copy of Bid c. Information for Bidders f. Drawing and/or Sketches 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. 18. 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 contract includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the City. 19. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both 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. 20. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whosoever 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. 21. Waiver of Breach. 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. 22. 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. 23. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the grounds 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. 24. 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. 25. Construction Safety Program Requirements. Contractor shall require all on-site employees to complete the ten-hour safety training program required pursuant to Section 292.675 RSMo, if they have not previously completed the program and have documentation of having done so. All employees working on the project are required to complete the program within sixty (60) days of beginning work on the Project. Any employee found on the worksite subject to this section without documentation of the successful completion of the course required under subsection (a) shall be afforded twenty (20) days to produce such documentation before being subject to removal from the project. Pursuant to Section 292.675 RSMo., Contractor shall forfeit as a penalty to City two thousand five hundred dollars ($2,500.00) plus one hundred dollars ($100.00) for each employee employed by 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 periods in subsections (a.) and (b.) have elapsed. City shall withhold and retain from the amount due Contractor under this Contract, all sums and amounts due and owing City as a result of any violation of this section. 26. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. If to the City: City of Jefferson Department of Law 320 East McCarty Street Jefferson City, Missouri, 65101 CITY OF JEFFERSON, MISSOURI Date: ATTEST: /// �..,,► MW W APPROVED AS TO FO City A If to the Contractor: Schlinder Elevator Corporation Attn: Matt Kenning 1926 Innerbelt Business Ctr Dr Saint Louis, MO 63114 SCHLINDER ELEVATOR CORPORATION Vice President Date: 3/10/20-0 1 ATTEST: Title: I Schindler Schindler Elevator Corporation 1926 Innerbelt Business Center Drive St. Louis, MO 63114-5760 Phone: 314-372-4566 Fax: 314-372-4571 Date: 11/05/2020 To: Jefferson City Parking Garage 201 Madison St Jefferson City, MO 65101-3229 Scope of Work for BID 3154 Exhibit A Estimate Number: CNAN-BV3K78 (2020.3.1) Customer: Jefferson City Parking Garage 201 Madison St Jefferson City, MO 65101-3229 Schindler hereby proposes to furnish and install the following with respect to the equipment located at the above building: DOOR OPERATOR, EQUIPMENT, AND TRACK REPLACEMENT Schindler Elevator Corporation is proposing to provide all labor, material, and supervision required to perform the following scope of work during regular working hours of the elevator trade. o Disconnect all wiring and remove the existing door operator and door lock assemblies. • Provide a new upgraded close loop high performance, door operator complete with limit control, resistor bank and terminal box, pulleys, motor, drive arm, and gate switch. • Modify the car door with new mounting plates and install a new clutch assembly. • Remove and replace current door tracks. • Design new hatch door mounting plates. • Provide interlock assemblies for each hatch door complete with new keeper lock, pickup rollers, and pickup arm. • Perform all necessary engineering to interface the new door operator with the existing elevator control system and wire interlocks. • Adjust the lock assemblies and door operator settings to attain the most efficient safety and performance standards. • Submit the design submissions to the local governing authorities for the alteration to the elevator. (this step is no longer needed as the replacement is like for like) • Clean and check all car and hatch door tracks to ensure smooth operation o Return Unit to service. Breakdown: Labor 8 days of crew labor (2 Mechanics) 128 hours x $196.001hr = $26,088.00 Material and expenses $6,699.81 X 20% _ $8,039.77 Page 1 of 5 CNAN•BV3K78 2020.3.1 Schindler Alternate 1 Schindler hereby proposes to furnish and install the following with respect to the equipment located at the above building: Removal of Rust from Elevator pit A 2 -mechanic crew will spend a day removing the existing rust from the elevator pit and paint the pit and equipment. They will perform the following scope of work. • Mechanics will remove the unit from service • Clean the pit and equipment to remove any dirt, or grime. • Scrape and sand equipment to remove all visible rust. • Paint pit floor, pit walls (up to 4 feet), and paint pit equipment with rust resistant paint. • Return elevator to service. Breakdown: Labor 1 crew day 16 hours x $196 = $3,136.00 Material $50 x 20% = $60.00 Page 2 of 5 CNAN-BV3K78 2020.3.1 , A�t� Schindler Alternate 2 Schindler hereby proposes to furnish and install the following with respect to the equipment located at the above building: Removal of Rust from Elevator cartop A 2 -mechanic crew will spend a day removing the existing rust from the elevator cartop They will perform the following scope of work • Mechanics will remove the unit from service Clean the cartop equipment to remove any dirt. or grime. Scrape and sand equipment to remove all visible rust. If necessary, paint cartop equipment where needed. Return elevator to service. Breakdown: Labor 1 crew day 16 hours x $196 4 $3.136.00 Material $50 x 20% = $60.00 Page 3 of 5 CNAN-BV3K78 20203 1 Schindler Warranty We warrant that the work will comply with the specifications and that there will be no defects in materials or workmanship for one year after completion of the work or acceptance thereof by beneficial use, whichever is earlier. Our duty under this warranty is to correct nonconformance or defect at our expense within a reasonable time after the receipt of notice. THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Purchaser's remedies hereunder are exclusive. Plan for Completion Upon award of the project we will execute the below plan: 1. Order material upon receipt of executed contract. . 2. Material should arrive within 5-6 weeks once ordered. 3. Work will then commence within 21 business days of material arrival 4. Schindler will notify the Jefferson City Parking garages at least 3 business days prior to starting the work. 5. Upon starting of the work for this bid, the elevator will be taken out of service and remain out of service for 8 straight business days. We will complete the work during normal business hours of 8:00am — 4:30pm Monday through Friday. We will not work elevator trade holidays. 6. At the end of this time the elevator will be tested for normal operation and returned to service. No inspection is necessary by the State as the work is like for like material. 7. Upon completion of the base work, the alternates, 1 and 2, will commence the next two consecutive business days from 8 am — 4:30pm. The elevator will be out of service only while the work is being done. The elevator will be returned to service at the end of each business day, for the alternate work only. 8. The scheduling of all work will be coordinated between Schindler and the Jefferson City Parking garage. Schindler will execute all of the work. 9. Upon completion of all work, Jefferson City Parking garage will be notified and the elevators will be returned to normal operation. Page 4 of 5 CNAN•BV3K78 2020.3.1 r� f: Schindler Clarifications to Parking Garage Elevator Repair Bid 3 154. Schindler Elevator Corporation is providing the following clarifications/additions as part of its bid submittal, due February 23, 2021. These terms shall prevail over all others. CLARIFICATIONS TO THE BID 1. Section 1, V. — No inspections are required for this work. 2. Scope of Work — The work will be completed within 21 days of the arrival of the parts. The estimated arrival of all material is 5-6 weeks. 3. Section 5, D. of the sample contract — Line 3 will be changed from $3,000,000 to $2,000,000 or Schindler will provide its standard additional insured. 4. Liquidated damages are in lieu of all other damages for default or delay, including but not limited to consequential damages, and shall in no event be assessed against Schindler Elevator Corporation in excess of $200 per day not to exceed 2% of the contract price in total. Page 5 of 5 CNAN-BV3K78 2020.3 .1