HomeMy Public PortalAboutORD16300BILL NO. 2022-087
SPONSORED BY Councilmember Schreiber
ORDINANCE NO. ) (p Sob
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A
CONTRACT WITH PROST BUILDERS, INC. OF JEFFERSON CITY, MISSOURI FOR
THE MODERNIZATION OF THE ELEVATOR LOCATED AT 401 MONROE ST. IN THE
AMOUNT OF $254,000.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The bid of Prost Builders, Inc. is declared to be the lowest and best
responsive bid and is hereby accepted for the Elevator Modernization Project.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Prost Builders, Inc. for the Elevator Modernization Project.
Section 3. This agreement with Prost Builders, Inc. shall be substantially the
same in form and content as Exhibit A attached hereto.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: ) d.,ijyiIx,r 101 ) 2a-?- Approved: (2-12-o fLz
Presiding
ATTEST:
APPROVED AS TO FORM:
City Attorney
CITY OF JEFFERSON
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and
between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as
"City", and Prost Builders, Inc., hereinafter referred to as "Contractor".
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
Modernization at the Police Department on 401 Monroe St, Jefferson City, MO 65101.
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 new
elevator door panels, electrification, hydraulic equipment, and fixtures, 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's Police Department, and in accordance with the rates and/or amounts stated in the bid of
Contractor dated 9/20/2022, 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 Fifty-Four Thousand Dollars and Zero Cents ($254,000.00) as
set forth in Exhibit B.
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 ten (I 0) months of the date
last signed.
4. Prevailing Wages.
If the bid price is $75,000 or higher, prevailing wage will apply to public works projects. 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 ($1 00.00) 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
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contract. Nothing contained in this contract shall create any contractual relations between any subcontractor
and the City or between any subcontractors.
7. Liguidated 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
neg I igence on Contractor's part or the part of its agents.
8. 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 (I) 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.
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13. Performance and Materialman's Bonds Reguired.
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.
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.
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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, affmn 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.
a. 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.
b. 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.
c. 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 ($1 00.00) 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.
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If to the City:
City of Jeffeison
Department of Law
320 East McCarty Street
Jefferson City, Missouri, 65101
CITY OF JEFFERSON, MISSOURI
Mayor pro i
Date: / 2 .2O ."?.2.,
ATTEST:
APPROVED AS TO FORM:
1f to the Contractor:
Prost Builders, Inc.
Drew Wilde
P.O Box 1727
Jefferson City, MO 65102
PROST BUILDERS, INC.
Title:'.1>rjec* vh cc tom► c side
Date: i2-/ o2-1 zozZ
ATTEST:
Title:
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Scope of Services EXHIBIT A
Background
The JCPD currently has the following equipment located at 401 Monroe St., Jefferson City, MO:
• One elevator
• Rated load: 3500 lbs
• Rated speed: 90 fpm
• Travel height: 16 ft, 1 0 in
• Number of floors: 4 floors I 2 front openings I 2 side openings
The JCPD requires a modernization solution to include fixtures, doors, electrification, and
hydraulic equipment. All parts, equipment, supplies to be used in the solution must be new. Used
or refurbished parts are not acceptable.
Contractor Responsibilities
Provide all required engineering, supervision, labor, equipment, materials, tools, permits, and
any other necessary components to modernize the hydraulic elevator at the Jefferson City Police
Department located at 401 Monroe Street, Jefferson City, MO.
Contractor shall comply with all current applicable local, state, and federal building codes,
elevator codes, laws, regulations, and ordinances at the project site, including but not limited to,
the following:
• ANSI A 117 .I -Buildings and Facilities: Providing Accessibility and Usability for
Physically Handicapped People
• ADAAG -Americans with Disabilities Act Accessibility Guidelines
• ANSIINFPA 70 -National Electrical Code
• ASMEIANSI A17.1 -Safety Code for Elevators and Escalators
• NSIIUL 1 OB-Fire Tests of Door Assemblies
• International Building Code
• Model Building Codes
• All other applicable local, state, and federal codes, laws, regulations and ordinances
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Contractor will install, test, and ensure the functionality before acceptance by the City.
Installation will be done by the contractor or subcontractor certified by the equipment
manufacturer.
Contractor should be performed during normal work hours of Monday through Friday from 8:00
am to 5:00pm. The City is flexible and will work with the contractor if other work hours are
needed as the Police Department facility is open 24/7.
Storage is restricted to the areas designated by the City.
Contractor is responsible for disposal of all replaced parts and equipment.
Contractor will clean up as needed, daily and upon completion of work.
Contractor shall provide any necessary safety signage, markings, and barriers.
Contractor shall perform all mechanical and electrical work required to modernize the elevator.
General Description of Modernization
Modernization will include doors, electrification, hydraulic equipment, and fixtures. The
information provided may not be all inclusive. It is imperative that proposers perform an
inspection of the elevator prior to submitting their proposal.
Doors:
• Install new door panel(s) where applicable. New doors shall be UL fire rated 1.5
hours.
• Curtain of Light -Elevator car shall be equipped with an electronic protective device
extending the full height of the car. When activate, the sensor shall prevent the doors
from closing or cause them to stop and reopen if they are in the process of closing.
Doors will remain open as long as the flow of traffic continues and shall close shortly
after the last person passes through the door opening.
• MAC Door Equipment-New door operator shall be installed and arranged to
automatically open and close the car door panel. The door operator shall be arranged
so than in the event of a power failure of the operating circuits, the car doors cannot
be readily opened by hand from within the elevator cab. The elevator shall not be able
to move away from a landing until the car door panel is full closed. The car door shall
be equipped with a contact which will prevent operation of the car unless the car door
is closed. The contact shall be of the approved type and tested as required by code.
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Electrification:
• Modernization solution is needed for elevator control and electrical systems. Solution
shall be based on the latest in control technology replacing the outdated technology
such as relays and older electronic systems to improve the levels of performance,
reliability, safety and energy efficiency of the elevator. The solution shall interface
with other types of existing elevator components to ensure a swift, trouble-free
installation. A microprocessor-based control system shall be provided to perform the
functions of safe elevator motion. All hardware required to connect, transfer and
interrupt power, and to protect the motor against overloading shall be included.
Controller cabinets containing memory equipment shall be properly shielded from the
line pollution. The microcomputer system shall be designed to accept reprogramming
with minimum system downtime. High voltage (II Ov or above) contract points inside
the controller cabinet shall be protected from accidental contract in a situation where
the controller doors are open. The solution shall utilize on-board diagnostics for
servicing, troubleshooting, and adjusting without requiring the use of an outside
service tool.
Hydraulic Equipment:
• Field Pipe and Accessories-New field pipe and/or accessories shall be provided as
required.
• Power Unit-Furnish a hydraulic power unit designed and manufactured for these
services. The motor and pump are to be submersed under the oil inside the tank in
order to provide for sound isolation. The unit shall have a muffler, designed to
reduce pulsation and noise which may present in the flow of hydraulic oil. Control
valves, including safety check valve, up direction valve with high pressure relief
including leveling and soft stop features, lowering valve including down leveling and
manual leveling feature is to be mounted in a compact unit assembly. A valve
designed to shut off the flow of oil between the cylinder and the power unit is to be
provided in the oil line in the machine room. Automatic two-way leveling is to be
provided to automatically stop and maintain the car approximately level with the
landing regardless of the load. An up-traveling car will automatically descend to the
lower terminal landing if the hydraulic system does not have a sufficient reservoir of
oil. Power operated car and hoistway doors will automatically open at the lowest
terminal landing permitting passenger egress. The door will then automatically close
and all control buttons, except the Door Open Button will be made ineffective.
Fixtures:
Vandal resistant signalization shall be provided. Signalization shall be impact,
scratch, bum and splash resistant and easy to clean. The car operating panel shall be
vandal resistant with all push buttons, key switches, and message indicators for
elevator operation. Buttons shall be mechanical, illuminated and marked to
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Warranty
correspond to landing served, emergency call button, door open/close button, and key
switches for lights, inspection, and exhaust fan. Buttons shall have raised text and
Braille markings on the side. Emergency two-Way Communication device shall be
furnished in the car-operating panel. All necessary wires for the device shall be
included and connected to the car traveling cable. Communication device shall be
ADA compliant. Hall call signalization shall be provided at each landing. Fixtures
shall be provided with illuminated buttons. A fire service key switch shall be
provided per code requirements.
Contractor shall indicate who will be responsible for the communications equipment
and connections to the building service system. This may be furnished and installed
by others.
Contractor shall provide the manufacturer's standard warranty for failures due to defective
materials and workmanship. Bidders must provide warranty information with their proposal
Inspection
Contractor shall inspect all equipment upon installation to ensure there are no defects, proper
installation, and that nothing has been done to void the warranty.
Subcontractors
The Contractor shall be responsible to the City for acts, defaults and omissions of their
subcontractors of any tier.
The subcontractors of any tier shall be bound by the applicable terms and provisions of the
contract, but no contractual relationship shall exist between subcontractors of any tier and the
City.
Proposers shall list all and any subcontractors they intend on using and identify what their role
will be.
Bid Bond
Each bid must be accompanied by a certified check or bid bond made payable to the City of
Jefferson for five (5%) percent of the amount of the bid. Bid securities will be returned after
award of the contract except to the successful bidder. Should the successful bidder fail or refuse
to execute the bond and the contract required within seven (7) days after he has received notice
of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or
refusal, the security deposited with his bid.
If submitting a bid electronically, upload the bid bond. I fusing a certified check, mail the check
to the following address prior to the bid closing date: City of Jefferson, Purchasing Division, 320
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E McCarty St, Jefferson City, MO 65101. Include the proposal number on the outside of the
envelope.
Performance and Payment Bond
The contractor shall furnish an original performance bond (no copy or facsimile is acceptable),
cashier's check, certified check, cash, bank draft, or irrevocable letter of credit to the City, within
ten (I 0) days after award of the contract and prior to the start of any work to insure payment of
all materials and labor used in the performance of the contract and to fully complete the project
in a satisfactory and timely manner. Personal or company checks shall not be accepted. The
performance bond shall be made payable to the City of Jefferson in an amount equal to the
amount of the total bid price. The contract number and performance date must be specified in the
performance bond.
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EXHIBIT 2-FEDERAL CLAUSES
The City of Jefferson is a recipient federal grant funds through the American Rescue Plan Act of
2021. Therefore, the following requirements shall be fully considered in preparing responses and
performing work under any resulting award.
Access to Records
Vendor agrees to provide the City, the Federal Government, and any applicable Federal
Administrator, Director, the Comptroller General of the United States, or any of their authorized
representative's access to any books, documents, papers, and records of the Vendor which are
directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions. The Vendor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed. Nothing
contained herein shall be construed as intending to limit or prohibit audits or internal reviews by
Federal personnel or the Comptroller General of the United States.
Retention Requirements for Records
The contractor shall retain financial records, supporting documents, statistical records and all
other records pertinent to the financial assistance agreement for a period of three years starting
from the date of submission ofthe final payment request. Authorized representatives of federal
awarding agencies, the Federal Inspectors General, the Comptroller General of the United States,
the City or any of their designees shall have access to any pertinent books, documents, and
records of contractor in order to conduct audits or examinations. The contractor agrees to allow
monitoring and auditing by the City and/or authorized representative. If any litigation, claim,
negotiation, audit, or other action involving the records has been started before the expiration of
the three-year period, the contractor shall retain records until all litigations, claims or audit
findings involving the records have been resolved and final action taken.
Breach of Contract
1. In the event of material breach of the contractual obligations by the contractor, the City may
cancel the contract. At its sole discretion, the City may give the contractor an opportunity to
cure the breach or to explain how the breach will be cured. The actual cure must be completed
within no more than 10 working days from notification, or at a minimum the contractor must
provide the City within 1 0 working days from notification a written plan detailing how the
contractor intends to cure the breach.
2. If the contractor fails to cure the breach or if circumstances demand immediate action, the
City will issue a notice of cancellation terminating the contract immediately. If it is
determined the City improperly cancelled the contract, such cancellation shall be deemed a
termination for convenience in accordance with the contract.
3. If the City cancels the contract for breach, the City reserves the right to obtain the equipment,
supplies, and/or services to be provided pursuant to the contract from other sources and upon
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such terms and in such manner as the City deems appropriate and charge the contractor for
any additional costs incurred thereby.
4. The contractor understands and agrees that funds required to fund the contract must be
appropriated by the General Assembly of the State of Missouri for each fiscal year included
within the contract period. The contract shall not be binding upon the City for any period in
which funds have not been appropriated, and the City shall not be liable for any costs
associated with termination caused by lack of appropriations.
Byrd Anti-Lobbying Amendment (31 U.S.C.1352)
Each contractor certifies to the tier above by completing the Certification Regarding Lobbying
form, that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of the City, an
agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by
3 I U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award.
Clean Air Act (42 U.S.C. 7401-7671q.) and Federal Water Pollution Control Act (33
u.s.c. 1251-1387)
The contractor must comply with the Federal Clean Air Act (42 U.S.C. 7401 -7671q), as
amended, and the Federal Water Pollution Control Act (33 U.S.C. I25I-1387), as amended.
Failure to abide by these laws is sufficient grounds to cancel the agreement. By agreeing to this
agreement, the contractor certifies that the contractor, its board of directors and principals are
following these specific federal laws. Further, the contractor shall report to the City any instance
in which the contractor or any member of its board of directors or principals is determined by
any administrative agency or by any court in connection with any judicial proceeding to be in
noncompliance with any of these specific federal laws. Such report shall be submitted within ten
(I 0) working days following such determination. Failure to comply with the reporting
requirement may be grounds for termination of this agreement or suspension or debarment of the
contractor.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 -3708)
1. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which they are employed
on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-halftimes the basic rate
of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b) (I) of this section the contractor and any subcontractor
responsible there for shall be liable for the unpaid wages. In addition, such contractor and
20
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer
or mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (b) (I) of this section, in the sum of$ I 0 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph
(b) (I) of this section.
3. Withholding for unpaid wages and liquidated damages. The contractor shall upon its own
action or upon written request of an authorized representative of the Department ofLabor
withhold or cause to be withheld, from any moneys payable on account of work performed
by the contractor or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (b )(2) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (b) (I) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (b) (I) through (4) of this section.
5. The contractor or subcontractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three years from the completion of
the contract for all laborers and mechanics, including guards and watchmen, working on the
contract. Such records shall contain the name and address of each such employee, social
security number, correct classifications, hourly rates of wages paid, daily and weekly number
of hours worked, deductions made, and actual wages paid. The records to be maintained
under this paragraph shall be made available by the contractor or subcontractor for
inspection, copying, or transcription by authorized representatives of the City and the
Department of Labor, and the contractor or subcontractor will permit such representatives to
interview employees during working hours on the job.
6. Contracts for construction, alteration, and repair, including painting and decorating, must
provide that no contractor or subcontractor contracting for any part of the contract work shall
require any laborer or mechanic employed in the performance of the contract to work in
surroundings or under working conditions that are unsanitary, hazardous, or dangerous to
health or safety, as established under construction safety and health standards the Secretary
of Labor prescribes by regulation based on proceedings pursuant to section 553 oftitle 5,
provided that the proceedings include a hearing similar in nature to that authorized by section
553 of title 5.
21
Debarment and Suspension (Executive Orders 12549 and 12689)
A contract award will not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines, 2 CFR 180.
SAM exclusions contain the names of parties debarred, suspended or otherwise excluded by
agencies as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
l. The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. 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. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions
of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, City that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity,
or national origin.
3. The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee
or applicant. This provision shall not apply to instances in which an employee who has
access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which they
have a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
22
5. The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders ofthe Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order II246 of
September 24, I965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
8. The contractor will include the portion of the sentence immediately preceding paragraph (I)
and the provisions of paragraphs (I) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order II246 of September 24, I965, so that such provisions will be
binding upon each contractor or subcontractor. The contractor will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a contractor or subcontractor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such litigation to protect
the interests of the United States.
Procurement of Recovered Materials
The contractor must comply with section 6002 of the Solid Waste Disposal Acts as amended by
the Resources Conservation and Recovery Act. The requirements of this section include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at
40 CFR part 24 7 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $IO,OOO or the value of the quantity acquired during the preceding fiscal year
exceeded $1 0,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
23
Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401)
If the contractor produces subject matter, which is or may be patentable in the course of work
sponsored by this agreement, the contractor shall promptly and fully disclose such subject matter
in writing to the City. In the event that the contractor fails or declines to file Letters of Patent or
to recognize patentable subject matter, the City reserves the right to file the same. The City
grants to the contractor the opportunity to acquire an exclusive license, including the right to
sublicense, with a royalty consideration paid to the City. Payment of royalties by contractor to
the City will be addressed in a separate royalty agreement.
Termination
I. Termination for Cause. The City may terminate this agreement, in whole or in part, at any
time before the date of completion whenever it is determined that the contractor has failed to
comply with the terms and conditions of the agreement. The City shall promptly notify the
contractor in writing of such a determination and the reasons for the termination, together
with the effective date. The City reserves the right to withhold all or a portion of funds if the
contractor violates any term or condition of this agreement. Termination for cause may be
considered for evaluating future agreements. The contractor may object to terminations with
cause and may provide information and documentation challenging the termination.
2. Termination for Convenience. Both the City and the contractor may terminate the agreement,
in whole or in part, when both parties agree that the continuation of the project would not
produce beneficial results commensurate with the further expenditure of funds.
3. The City reserves the right to terminate the contract at any time, for the convenience of the
State of Missouri, without penalty or recourse, by giving written notice to the contractor at
least thirty (30) calendar days prior to the effective date of such termination. The contractor
shall be entitled to receive compensation for services and/or supplies delivered to and
accepted by the City pursuant to the contract prior to the effective date of termination.
Domestic Preference for Procurements
As appropriate, and to the extent consistent with law (including 2 C.F.R. §200.322), the
contractor should~ to the greatest extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States. This includes,
but is not limited to iron, aluminum, steel, cement, and other manufactured products.
Prohibition on certain telecommunications and video surveillance services or equipment
Contractors are prohibited from obligating or expending project funds to:
I. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any
24
system. As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
a. For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities).
b. Telecommunications or video surveillance services provided by such entities or
using such equipment.
c, Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
4. In implementing the prohibition under Public Law 115-232, section 889, subsection (f),
paragraph (I), heads of executive agencies administering loan, grant, or subsidy programs
shall prioritize available funding and technical support to assist affected businesses,
institutions and organizations as is reasonably necessary for those affected entities to
transition from covered communications equipment and services, to procure replacement
equipment and services, and to ensure that communications service to users and
customers is sustained.
5. See Public Law 115-232, section 889 for additional information.
6. See also§ 200.471.
Disadvantaged Business Enterprise Statement
Contractors bidding on City contracts funded in whole or in part by assistance from a federal
agency shall take the following affirmative steps to assure that small, woman owned, and
minority businesses are utilized when possible as sources of supplies, services and construction
items.
a. Contractors will submit the name and other information, if any, about their DBE sub-
contractors along with their bid submissions.
b. Sufficient and reasonable efforts will be made to use qualified DBE sub-contractors
when possible on City contracts.
c. Qualified small, woman owned, and minority businesses will be included on
solicitation lists as sub-contractors for City supplies, services, and construction.
d. Qualified small, woman owned, and minority businesses will be solicited whenever
they are potential sources.
e. When economically feasible, contractors will divide total requirements into smaller
25
tasks or quantities so as to permit maximum small, woman owned, and minority
business participation.
f. Where the requirements permit, contractors will establish delivery schedules which
will encourage participation by small, woman owned and minority businesses.
Contractors will use the services and assistance of the Small Business Administration, the Office
of Equal Opportunity, and the Community Services Administration.
26
EXHIBIT 3-ANNUAL WAGE ORDER-COLE COUNTY
Missouri
Division of Labor Standards
WAGE AND HOUR SECTION
MICHAELL. PARSON, Govemor
Annual Wage Order No. 29
Section 026
COLE COUNTY
In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of
this Annual Wage Order has been filed with the Seaetary of State as indicated below, any person
who may be affected by this Annual Wage Order may object by filing an objection in triplicate
with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-
0599. Such objections must set forth in writing the specific grounds of objection. Each objection
shall certify that a copy has been furnished to the Division of labor Standards, P.O. Box 449,
Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual
Wage Order has been filed with the Secretary of State of Missouri.
Original Signed by
Todd Smith, Director
Division of Labor Standards
Filed With Secretary of State: -----------....::.:M::a.:.:rc~h:..:1:.o:O.a..;. 2:::;::0::.::22=·
Last Date Objections May Be FUed: April 11. 2022
Prepared by Missouri Department of Labor and Industrial Relations
27
Building Construction Ralos for
COLE Ootmly
OCCUPATIONAL TITLE
Asbestos Worker
Boilermaker
Bricklayer
Camenter
Lallier
Linoleum Laver
Millwrinhl
Pile Driver
CGment Mason
Plasterer
Communications Technician
Electrician {Inside Wireman}
Electrician Outside Lineman
Uneman Operator
Lineman -Tree Trimmer
Ground man
Groundman -Tree Trimmer
Eleva1or Constructor
Glazier
lmnWOI'ker
Laborer
General Laborer
First Semi-Skflled
Seoond Semi-Skilled
Mason
Marble Mason
Marble Finisher
Terrazzo Worker
Terrazzo FirUsher
Tile Setter
Tile Finisher
Ooeralina Enaineer
Grouol
Grouoll
Grouolll
Group lil-A
Grouo IV
GroupV
Painter
Plumber
Pice Fitter
Roofer
Sheet Metal Worker
Sprinkler Fitter
TruckDriver
Truck ControJ Service Driver
Group I
Grouoll
Grouolll
GrouoiV
••Prevailing
Hourly
Rate
$53.18
$27.22.
S51.39
547.88
541.24
555.00
$55.64
574.20
$27.22•
S56.16
561.89
$41.21
$27.22•
56().02
$39.08
$66.28
551.92
$54.06
$82.10
$41.74
•The OM lien af L.abDr S1D:nd:ards received fewer Dian 1,000 ~ t1oun1 ror IH:s CIC'.alplSilcMI me. The JX!bllc WOI1ts ccntr:u:fing
minimum ~ is established l'ot !tis CXQ:p:~tiCRII til1t! using data prtrYI~ by D.Ci11sourl Ecanatr'Gc Re~~earch ancllnlormaUon CS'Jter •
Section 026
.. ~ Prevailng Hourly Rate include!!~ ~~try applicl!b~ l'ringe benefil.amr:~Unh rar each oca..~pmlonal ti!le es defined In Sectian 29D.210 RS&Co.
ANNUAL WAGE ORDER NO. 29
28
Heavy Construction Rates for
COLE County
OCCUPATIONAL TIRE
Cerpantar
Millwright
ptte Driver
Efedrlclan (Outside Lineman)
Lineman Ooerator
Uneman -Tree Trimmer
Ground man
Groundman -Tree Trimmer
Laborer
General laborer
Skl!Jed Labotet
Operating Engineer
Group I
Group II
Group Ill
Group IV
Truck Driver
Truck COntrol Service Driver
Group I
Group II
GrouP Ill
Group IV
.. Prevailing
Hourly
Rate
$53.63
$74.20
$43.21
$58.94
$45.80
Use Heavy Construclicn Rates on Highway and Heavy conslruction in aa:ordance \Wh the dassifications of
construction work established in 8 CSR 30-3.040(3).
Use Building Conslruction Rates on Building construction in accordance wi1h the classlfications of construction
WOfk established in 8 CSR 30-3.040(2).
If a worker is performing vrofk on a heavy construction project within .an ocoupational tille that is not listed on the
Heavy Construction Rate Sheet, use lhe mta for that ocaJpalionsllide as shown on the Building
Cons'lruction Rate Sheet.
Secdon 026
-The Divi!lion of Labor Slu.ndards received rawer than 1,000 reportable hours for this occupalionaJ title. The public worim contracting
min:mum wage is established fer lhis occupational tit!e using data provided by Missouri Economic Research and Information Centef.
"The Prevailing Howty Rata indudes any applicable fringe benefit amounts for each ocaJpationsl title as defined in
Section 290210 RSMo.
ANNUAL WAGE ORDER NO. 29
29
3122
OVERTIME
OVERTIME
and
HOLIDAYS
For all work performed on a Sunday or a holiday, not less than twice (2x) the prevailing
hourly rate of wages for work of a similar character in the locality in which the work is
performed or the public works contracting minimum wage, whichever is applicable, shall
be paid to all workers employed by or on behalf of any public body engaged in the
construction of public works, exclusive of maintenance work.
For all overtime work perfonned, not less than one and one-half (1%) the prevailing
hourly rate of wages for work of a similar character in the locality in which the work is
performed or the public works contracting minimum wage, whichever is applicable, shall
be paid to all workers employed by or on behaH of any public body engaged in the
construction of public works, exclusive of maintenance work or contractual obligation.
For purposes of this subdivision, "overtime workn shall include work that exceeds ten
hours in one day and work in excess of forty hours in one calendar week; and
A thirty-minute lunch period on each calendar day shall be allowed for each worker on a
public works project. provided that such time shall not be considered as time worked.
HOLIDAYS
January first;
The last Monday in May;
July fourth;
The first Monday in September;
November eleventh;
The fourth Thursday in November; and
December twenty-fifth;
If any holiday falls on a Sunday, the following Monday shall be considered a holiday.
ANNUAL WAGE ORDER NO. 29 3122
30
RFP4059 -Elevator Modernization
Addendum 1
Questions and Answers
The information below is infonnation that was provided during the prebid conference held on
September 9, 2022.
Question:
Answer:
Question:
Answer:
Question:
Answer:
Question:
Answer:
Question:
Answer:
Question:
Answer:
Question:
Will the contractor be responsible for providing background checks on staff working
the project?
No, the Police Department can do that if a list of names and date of birth is given to
the Police Department staff.
Is there any special security measures that need to be taken when entering and leaving
the building?
No, on the first day, check in with the front desk and staff will be issued a key fob to
allow access to the building.
What are the work hours for the project?
The building is open 24/7. The contractor can work just about any hours they want it
should just be coordinated with Police Department staff prior to starting work.
Are there any noise restrictions?
The only staff that might be impacted by noise is the 911-Dispatch Center and they
may be far enough from the work site it will not impact them.
Is there a completion date that needs to be met?
No, the timing of the modernization can be worked out with the Police Department
staff.
What type of access is there for getting equipment in and out, storage, on-site parking,
and dumpster availability?
There is on-site parking available, there is access for equipment to come in from the
garage, there is some space in the garage for storage of equipment, and there is a
dumpster available for packing materials only. All other materials must be disposed of
off-site by the contractor.
Does the equipment/machine room need to be made "fire rated"?
---··----··----
Answer: The cost for this should be added onto the project as alternate pricing.
Question: Do you want the interior of the car updated: ceiling, lights, walls, etc.?
Answer: Possibly. The cost for this should be added onto the project as alternate pricing.
,~ .. !
•
Prost Builders1 Inc.
The Eight Generation
Celebt4ffng ovet 50 YeqJS of Excellence
TO: City of Jefferson, Owner
CC: Leigh Ann Corrigan
Date: September 20th, 2022
EXHIBIT B
Corporate Address
Mailing Address: P.o. Box 1727
Jefferson City, Missouri 65102
Delivery Address: 3617 Route CC
Jefferson City, Missouri 65109
From: Vaughn Prost I Kale Spry
Cell: 573-694-1095/573-291-7022
Phone: 573-635-0211 Ext. 145/130
Project: Elevator Modernization -Jefferson Police Department
Subject: Project Scope & Pricing Proposal
Prost builders appreciates the opportunity to bid this project, we look forward to
discussing this proposal further with you.
Base Bid: Per Documents Provided by the City of Jefferson Citv $254,00.00
• Provide and install new door panels.
• Provide and install new curtain. of light inside elevator cab.
• Provide and Install new MAC door equipment.
• Provide and install all electricity mandatory for new equipment.
• Provide and install new fire and smoke detectors as required by code.
• Provide and install new field pipe and accessories.
• Provide and install new hydraulic power unit. .
• Provide and install new fixtures inside the cab of the elevator.
• Standard warranty is included, see attached manufacturer warranty.
• Elevator will be tested and inspected prior to finish.
Total duration from award of contract is 34 weeks, this includes only 6 weeks of onsite
construction and elevator downtime.
Voluntarv Alternate Bid Option 1: Remove Cage and Construct Fire Rated
Enclosure
• Provide and install fire rated wall per city codes.
• Provide 90 min fire rated door.
• Provide a new finish coat of paint on both sides of the wall.
• Provide and install a new ductless mini-split unit with controls.
$22,750.00
Alternate Bid Option 2: Modernization of the Elevator Cab
• Provide new flooring in cab.
• Provide new cab walls and ceiling.
$25,500.00