HomeMy Public PortalAboutORD14941 BILL NO. 2011-165
SPONSORED BY COUNCILMAN Harvey
Il
ORDINANCE NO. 1 � 4-1
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEYER ELECTRIC
CO., INC. FOR THE PURCHASE AND INSTALLATION OF COMMUNITY OUTDOOR
WARNING SIRENS,
WHEREAS, Meyer Electric Company, Inc., has become the apparent lowest and best
bid for the purchase and installation of community outdoor warning sirens;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of Meyer Electric Company, Inc., 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 Meyer Electric Company, Inc., for the purchase and installation of
community outdoor warning sirens.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
Passed:—d /l/t/ / , l�- Approved: 112
G
Presiding Offi r Mayor
ATTEST: APPROVED AS TO FORM:
ell .1
City Clerk LInterim City Counselor
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2569 — Community Outdoor Warning Siren
Police Dept., Opened January 24, 2012
BIDS RECEIVED:
Federal Signal Corp., University Park, IL $ 132,184.00
Federal Signal Corp., University Park, IL Alt. #1 $ 145,384.75
Federal Signal Corp., University Park, IL Alt. #2 $ 158,392.16
American Signal Corp., Milwaukee, WI $ 257,376.00
Meyer Electric, Jefferson City, MO $ 299,928.00
Washington electronics, Pittsburg, KS $ 347,477.92
TGB, St. Louis, MO $ 369,336.00
TGB, St. Louis, MO Alt. #1 $ 284,736.00
Second Site Systems, Hillsboro, MO $ 370,322.52
The RFB was advertised in News Tribune and posted on the city web site.
FISCAL NOTE:
43-990-575012 — Emergency Siren System, Police Department
FY2012 $ 400,000.00
Encumbered -0-
B id 2569 $ 299,928.00
Balance $ 100,072.00
PAST PERFORMANCE:
This vendor has successfully completed projects in the past as specified and bid.
RECOMMENDATION:
Staff recommends award of the bid to Meyer Electric of Jefferson City, Missouri in the amount of
$299,928.00.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Signature
arch si f ent olice ief
Siren RFB Proposal Evaluation
The selection committee has chosen Meyer Electric as the successful vendor on this project.
While not the lowest bid Meyer submitted a complete bid which met the specification contained
in the RFB and was identified as the best bid to meet all specifications. Meyer Electric is an
established firm doing business in Jefferson City.
Meyer Electric—Whelen Sirens Jefferson City (12 Sirens) Bid - $299,928.00
Cole County and other entities per siren site Bid - $24,994.00
The successful vendor, Meyer Electric, meets the all qualifications for low bid/best bid. Meyer
Electric meets all specifications of the spec sheet and is also a local vendor. The benefits of their
Whelen system are as follows:
1. The Wlielen siren is truly omnidirectional. If one stack of the unit goes out the remaining
cells continue to operate in an omnidirectional manner.
2. The Whelen product is capable of doing a silent test and does not require a visit to the site
to do so.
WirelessUSA -American Signal Sirens Jefferson City (12 Sirens) Bid- $257,376.00
Cole County and other entities per,siren site Bid - $30,248.00
1. Bidder does not meet all specification of RFB.
2. LED Status monitor was spec'd out to be visible from the outside of the cabinet;this is
not available from American Signal.
3. The American Signal product is not able to silent test and will not report diagnostic
results back to the console. A visit to the site is required.
4. The E-Class speaker does not meet the spec for decibel rating. It is 2 decibels lower than
the 128 decibels spec's out.
5. Speakers are made of spun aluminuin instead of composite materials.
6. While the American Signal siren is capable of omnidirectional output, if one speaker goes
out it compromises the omnidirectional ability and makes the siren 270 degree output or
less rather than 3 60 degree.
Second Sight Systems —ATI Sirens Jefferson City (12 Sirens) Bid - $370,000.00
Cole County and other entities per siren site Bid - $33,860.00
1. Second Sight Systems met all specifications.
2. While the ATI siren is capable of omnidirectional output, if one speaker goes out it
compromises the omnidirectional ability and makes the siren 270 degree output or less,
rather than 360 degree.
TGB—Whelen Sirens Jefferson City (12 Sirens) Bid - $369,336.00
Jefferson City Alternate Bid Whelen Vortex R4 Bid - $284,736.00
Cole County and other entities per siren site Bid - $31,778.00
Cole County and other entities Alternate Bid Whelen Vortex R4 Bid - $21,490.55
1. TGB meets all specifications of the bid in main bid.
2. In alternate bid TGB offered and electro-inechanical siren, the Whelen Vortex R4 which
does not meet specifications.
Washington Electronics --Whelen Sirens Jefferson City (12 Sirens) Bid - $347,477.92
Cole County and other entities per siren site Bid - $21,728.55
1. Washington Electronics meets all specifications of the bid.
Blue Valley Public Safety, Inc. Federal Signal Corporation
Jefferson City(12 Sirens) Bid - $132,184.44
Cole County and other entities per siren site Bid - $11,015.38
Alternate Quote#I Jefferson City Bid - $145,384.75
Alternate #1 Cole County and other entities per siren site Bid - None
Alternate Quote #I Jefferson City Bid - $145,384.75
Alternate #1 Cole County and other entities per siren site Bid - None
1. Blue Valley did not attempt to meet specifications of this RFB and re-wrote the bids
specification to meet their product. Their bids, including alternates, were based on an
electro-mechanical siren.
Federal does offer and an electronic siren called the Modulator Omnidirectional
Electronic.
City of Jefferson, Missouri
Tabulation of Bids
Bid Number: 2569
Subject: Comm. Outdoor Warning Sirens
Date,. January 24, 2012 Federal Signal Corp, American Signal Corp. Meyer Electric
Department: Police University Park IL Milwaukee WI Jefferson City MO
PAGE 1
ITEM Est. Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price
Siren asspecified each 12 $7,315.46 $87,785.46 $13,967.00 $167,604.00 $18,231.00 $218,772.00
Item Sid FEDERAL SIGNAL 2001-130 E-Class-8 Electronic Siren Whelen WPS2909
Itemized cost of two-way status reporting
as described in SIREN ACTIVATION
CONTROLS - Item 2 $1,042,73 12 needed) $9,600.001 $9,600.00 $1,163.00 $13,956.00
Two way upgrade/per siren CSC-960, FSK-DTMF wl C2030HN Two Way
$1,694.96 1compulert management Status Radio
Two way encoder/decoder software and radios
$1,199.00 1 needed)
Solar Option (12 needed)
Installation of sirens as specified to include
a Class 1, 60"wooden pole-lump sum
per site each 1 12 $3,699.911 $44,398.98 $80,172.00 $5,600.00 $67,200.00
Total cost to the City of Jefferson $132,184.44 $257,376.00 $299,928.00
Services after warranty period -shall be
firm for a period of no less than 12 months
from final siren warranty expiration date.
Hourly rate and regular working hours 125.00-M-F 8:00-5:00 100.00 -M-F 7:00-5:00 pm 70,00- M-F 8:00-5:00
Hourly rate and overtime working hours 187.50 -M-F 5:00-8:00 am $150.00 85.00 -after above hours
Hourly rate and Sunday& Holiday 11 250.00 -Sunday& Holiday $200.00 85.00 -after above hours
City of Jefferson, Missouri
Tabulation of Bids
Bid Number: 2569
Subject: Comm. Outdoor Warning Sirens
Date: January 24, 2012 Federal Signal Corp. American Signal Corp. Meyer Electric
Department: Police University Park IL Milwaukee Wl Jefferson City MO
PAGE 2
ITEM Est. Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price
List the Schedule of Services for a 12 No maintenance re wired see attached warranty Biannual maintenance in
month period on this equi ment other March and October
than battery changes at Please see Maintenance
36 month intervals. See Section in Bid Response
standard warranty document
included in response.
Discount for prompt payment none none none
Prices contained in this bid are firm for 120 days 30 days 180 da s
Are items bid manufactured in US yes yes yes
Represent a disadvantaged business no no no
Equipment delivery complete after award 65 days 100 days 6-8 weeks
Installation completed within from e . del. 60 days 121 days 45 days
Total time required to complete project ARO 125 days 135 days 1 120 days
Bid tabulation to be sent to fax number 1 805-647-8163 414-358-8008 573-893-3686
NOTES: Rock Clause: If we hit
rock, charge will be $75
foot.
City of Jefferson, Missouri
Tabulation of Bids
Bid Number: 2569
Subject: Comm. Outdoor Warning Sirens
Date: January 24, 2012 Federal Signal Corp. American Signal Corp. Meyer Electric
Department: Police University Park IL Milwaukee WI Jefferson City MO
PAGE 3
ITEM Est. 1 Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price
COLE CO. AND OTHER COOPERATIVE ENTITIES
Siren asspecified each 1 $7,315.46 $7,315.46 $13,967.00 $13,967.00 $18,231.00 $18,231.00
Item Bid
Itemized cost of two-way status reporting
as described in SIREN ACTIVATION
CONTROLS - Item 2 $2,042.73 $9,600.00 $1,163.00
Two way u grade) er siren CSC-960, F K-DTMF w1
$1,694.961 1compulert management
Two way encoder/decoder software and radios
$1,199.00
Solar Option
Installation of sirens asspecified to include_
a Class 1, 60" wooden pole-lump sum
per site each 1 $3,699,92, $3,699.92 $6,681.00 $5,600.00 $5,600.00
Total cost-Cale Co. & entities within Cole Co. $11,015.38 $30,248.00 $24,994.00
Services after warranty eriod -shall be
firm for a period of no less than 12 months
from final siren warranty expiration date.
Hourly rate and regular working hours 125.00 -M-F 8:00-5:00 100.00- M-F 7:00-5:00 185.00 70.00 - M-F 6:00-5:00
Hourly rate and overtime working hours 187.50-M-F 5:00- 8:00 am $150.00 85.00 -after above hours
Hourly rate and Sunday& Holiday 250.00 - Sunday & Holiday $200.00 -after above hours
City of Jefferson, Missouri
Tabulation of Bids
Bid Number: 2569
Subject: Comm. Outdoor Warning Sirens
Date: January 24, 2012 Federal Signal Corp. American Signal Corp. Meyer Electric
Department: Police University Park IL Milwaukee Wi Jefferson City MO
PAGE 4 - --
ITEM Est. Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price
List the Schedule of Services for a 12 No maintenance required see attached warranty Biannual maintenance in
month period on this equipment other March and October
than battery changes at Please see Maintenance
36 month intervals. See Section in Bid Response
standard warranty document
included in response.
Discount for prompt payment none none none
Prices contained in this bid are firm for 120 days 130 days 1180 days
Are items bid manufactured in US yes yes yes
Represent a disadvantaged business no no no
Equipment delivery complete after award 65 days 10D days 6-8 weeks
Installation completed within from e . del. 60 days 121 days 45 days
Total time required to complete project ARO 125 days 135 days 120 days
Bid tabulation to be sent to fax number 805-647-8163 414-358-8008 573-893-3686
Alternate Bid#1 per
Quotation 12012144531
Siren Equipment-One way
with Solar $145,384.75
Alternate Bid #2 per
Quotation 12012144217
Siren Equipment-Two way
with Solar $158,392.16
LISTED ONLY LUMP SUM
NO UNIT PRICES
City of Jefferson, Missouri
Tabulation of Bids
Bid Number: 2569
Subject: Comm. Outdoor Warning Sirens
Date: January 24, 2012 Washington Electronics TGB Second Site Systems
Department: Police Pittsburg KS St. Louis MO Hillsboro MO
PAGE 5
ITEM Est, Qty. Unit Price Total Price Unit Price I Total Price Unit Price jTotal Price
Siren as specified each 12 $24,944.60 $299,335.20 $22,678.00 $272,136.00 $16,860,211 $202,322.52
Item Bid WPS2909 -Whelen WPS2909-Whelen HPSS-3200
Itemized cost of two-way status reporting
as described in SIREN ACTIVATION
CONTROLS - Item 2 $2,234.4 $2,234.40 $1,960.00
E2010 Central Station Cont. Whelen E2010 Encoder/de
$670,321 $670.32 $588.00
E2010P Status printer& cab! Whelen E2010P Printer
$2,500.001 $2,500.00 $59.50
Installation of E2010 Printer Whelen Microphone
$2,050.00
Miscellaneous Labor
Installation of sirens as specified to include
a Class 1, 60"wooden pole- lump sum
per site each 12 $3,561.500 $42,738.00 $8,100.00 $97,200.00 $14,000.00 $168,000.00
Total cost to the City of Jefferson $347,477.92 $369,336.00 $370,322.52
Services after warran period -shall be
firm fora period of no less than 12 months
from final siren warranty expiration date.
Hourly rate and regular working hours 85.00 M-F 8:00-5:00 pm 125,00 M-F 7:00-3:30 80.00 regular working hrs
JHourly rate and overtime working hours 127.00- M-S 5:00-8:00 145.00 M-F after 3:30 pm 120.00 overtime hours
Hourly rate and Sunday& Holiday 170.00 -All Sun. & Holidays 185.00 - Sun. & Holidays 120.00-Sun. & Holidays
City of Jefferson, Missouri
Tabulation of Bids
Bid Number: 2569
Subject: Comm. Outdoor Warning Sirens
Date: January 24, 2012 Washington Electronics TGB Second Site Systems
Department: Police Pittsburg KS St. Louis MO Hillsboro MO
PAGE 6
ITEM Est. Qty. Unit Price ITotal Price Unit Price Total Price Unit Price Total Price
List the Schedule of Services for a 12 Every 6 months No scheduled service No schedule-customer
month period Warranty repai if needed to perform monthly tests
Discount for prompt payment none na 2% net 10
Prices contained in this bid are firm for 190 days 90 days 90 days
Are items bid manufactured in US yes yes yes
Represent a disadvantaged business yes yes no
Equipment delivery complete after award 240 days 1 70 days 60 days
Installation completed within from e . del. 21 days 30 days 90 days
Total time required to complete project ARO 261 days 100 days 90 days
Bid tabulation to be sent to fax number 620-232-3461 314-664-4410 636-789-9998
NOTES:
City of Jefferson, Missouri
Tabulation of Bids
Bid Number: 2569
Subject: Comm. Outdoor Warning Sirens
Date: January 24,2012 Washington Electronics TGB Second Site Systems
Department: Police Pittsburg KS St. Louis MO Hillsboro MO
PAGE 7
ITEM Est. Q . Unit Price Total Price Unit Price Total Price Unit Price Total Price
COLE CO.AND OTHER COOPERATIVE ENTITIES
Siren asspecified each 1 $12,762.33 $12,762.33 $22,678.00 $22,678.00 $16,860.21 $16,860.21
Item Bid
Itemized cost of two-way status reporting
as described in SIREN ACTIVATION
CONTROLS- Item 2 $2,234.40 $2,234.40
E2010 Central Station Cont.
$670.321 $670.32
E2010P Status rimer& cabl
$2,500.001 $2,500.00
Installation of E2010 Printer
Installation of sirens asspecified to include
a Class 1, 60" wooden pole-lump sum
per site each 1 $3,561.5 $3,561.50 $9,100.00 $17,000.00
Total cost-Cole Co.& entities within Cole Co. $21,728.55 $31,778.00 $33,860.21
Services after warranty period -shall be
firm fora period of no less than 12 months
from final siren warranty expiration date.
Hourly rate and regular working hours 85.00 M-F 8:00-5:00 pm 125.00 M_F 7:00-3:3 80.00 regular working hrs
Hourly rate and overtime working hours 127.00 - M-S 5:00-8:00 145.00 M-F after 3:3 m 120.00 overtime hours
Hour] rate and Sunday& Holiday 170.00 -All Sun. & Holidays 1 120.00 - Sun. & Holidays
City of Jefferson, Missouri
Tabulation of Bids
Bid Number: 2569
Subject. Comm. Outdoor Warning Sirens
Date: January 24, 2012 Washington Electronics TGB Second Site Systems
Department: Police Pittsburg KS St. Louis MO Hillsboro MO
PAGE 8
ITEM Est. Qty. Unit Price ITotal Price Unit Price Total Price Unit Price Total Price
List the Schedule of Services for a 12 every six months no scheduled service No schedule-customer
month period warranty repair if needed to perform monthly tests
Discount for prompt payment none na 2% net 10
Prices contained in this bid are firm for 90 days 90 days 90 days
Are items bid manufactured in US yes yes yes
Re resent a disadvantaged business yes yes no
Equipment delive complete after award 240 days 70 days 60 days
Installation completed within from e . del. 21 days 30 days 90 days
Total time required to complete project ARO 261 days 100 days 90 days
Bid tabulation to be sent to fax number 620-232-3461 314-664-4410 636-789-9998
City of Jefferson, Missouri
Tabulation of Bids
Bid Number: 2569
Subject: Comm. Outdoor Warning Sirens
Date: January 24, 2012 TGB
Department: Police St. Louis MO
PAGE 9 "ALTERNATE BID
ITEM Est. Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price
Siren as specified each 12 $15,628.00 $187,536.00
Item Bid VORTEXR4
Itemized cost of two-way status reporting
as described in SIREN ACTIVATION
CONTROLS - Item 2 $1,960.00 Whelen E2010
Encoder/Decoder
$588.00
Whelen E2010P Printer
$2,050.00
Miscellaneous Labor
Installation of sirens asspecified to include
a Class 1, 60"wooden pole - lump sum
per site each 1 12 $8,100.00 $97,200.00
Total cost to the City of Jefferson $284,736.00
Services after warranty period -shall be
firm fora period of no less than 12 months
from final siren warranty expiration date.
Hourl rate and regular working hours 125.00 M-F 7:00-3:30
Hourly rate and overtime working hours 145.00 M-E= after 3:30 pm
Hourly rate and Sunday& Holiday 185.00 -Sun. & Holidays
City of Jefferson, Missouri
Tabulation of Bids
Bid Number: 2569
Subject: Comm_ Outdoor Warning Sirens
Date: January 24, 2012 TGB
Department: Police St. Louis MO
PAGE 10 *ALTERNATE BID
ITEM Est. Qty. Unit Price ITotal Price Unit Price Total Price Unit Price Total Price
List the Schedule of Services for a 12 no scheduled services
month period warranty. repair if needed
Discount for prompt payment na
Prices contained in this bid are firm for 90 days
Are items bid manufactured in US yes
Represent a disadvantaged business yes
Equipment delivery complete after award 70 days
Installation completed within from e . del. 30 days
Total time required to complete r9ject ARO 100 days
Bid tabulation to be sent to fax number 314-664-4410
NOTES:
City of Jefferson, Missouri
Tabulation of Bids
Bid Number: 2569
Subject: Comm. Outdoor Warning Sirens
Date: January 24, 2012 TGB
Department: Police St. Louis MO
PAGE 11 *ALTERNATE BID
ITEM Est. jQty. Unit Price Total Price Unit Price Total Price Unit Price Total Price
COLE CO. AND OTHER COOPERATIVE ENTITIES
Siren as specified each 1 $12,390.00
Item Bid
Itemized cost of two-way status reporting
as described in SIREN ACTIVATION nla
CONTROLS- Item 2
Installation of sirens asspecified to include
a Class 1, 60"wooden pole - lump sum
per site each 1 $9,100.00
Total cost-Cole Co. &entities within Cole Co. $21,490.00
Services after warranty period -shall be
firm for a period of no less than 12 months
from final siren warranty expiration date.
Hourly rate and regular working hours 125.00 M-F 7:00-3:30
Hourl rate and overtime working hours 145.00 M-F after 3:30 pm
Hourly rate and Sunday& Holiday 185.00 - Sun. & Holidays
City of Jefferson, Missouri
Tabulation of Bids
Bid Number: 2569
Subject: Comm. Outdoor Warning Sirens
Date: January 24, 2012 TGB
Department: Police St. Louis MO
PAGE 12 *ALTERNATE BID
ITEM Est. Qty. Unit Price jTotal Price Unit Price Total Price Unit Price Total Price
List the Schedule of Services for a 12 Ino scheduled services
month period warranty repair if needed
Discount for prompt payment na
Prices contained in this bid are firm for 90 days
Are items bid manufactured in US yes
Re resent a disadvantaged business yes
Equipment delivery complete after award 70 days
Installation completed within from e . del. 30 days
Total time required to com lets roject ARO 100 days
Bid tabulation to be sent to fax number 314-664-4410
CITY OF JEFFERSON
COMMUNITY OUTDOOR WARNING SIREN SYSTEM
THIS CONTRACT, made and entered into this day of MdIL-,—, 2012, by and between Meyer
Electric Company, Inc., 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, installation, tools, equipment, materials and supplies and for the following City
improvements: Community Outdoor Warning Siren System consisting of twelve (12) sirens and all
specified supporting equipment throughout the Jefferson City,Missouri, area.
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Services.
Contractor agrees to provide supervision, labor, tools, equipment, materials and supplies for the
purchase and installing of Community Outdoor Warning Siren System consisting of twelve(12)
sirens and all specified supporting equipment throughout the Jefferson City, Missouri, area, as set
out in Bid No. 2569.
2. Manner and Time for Completion..
Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and
supplies necessary to perform,and to perform,said work at Contractor's own expense in accordance
with the contract documents and any applicable City ordinances and state and federal laws,within
One Hundred Twenty(120) calendar days from the date Contractor is ordered to proceed, which
order shall be issued by the Purchasing Agent within ten(10) days after the date of this contract.
3. Prevailing Wages.
To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor
shall pay a wage of no less than the"prevailing hourly rate of wages" for work of a similar character
in this locality, as established by Department of Labor and Industrial Relations of the State of
Missouri, and as established by the Federal Employment Standards of the Department of Labor.
Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project
because Contractor has obtained the prevailing hourly rate of wages from the contents of Annual
Wage Order No. 18 Section 026 in which the rate of wages is set forth.Contractor further agrees that
Contractor will keep an accurate record showing the names and occupations of all workmen
employed in connection with the work to be performed under the terms of this contract. The record
shall show the actual wages paid to the workmen in connection with the work to be performed under
the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent each
week. In accordance with Section 290.250,RSMo,Contractor shall forfeit to the City One Hundred
Dollars ($100.00) for each workman employed, for each calendar day or portion thereof that the
workman is paid less than the stipulated rates for any work done under this contract,by Contractor
or any subcontractor under the Contractor.
4. Insurance.
Contractor shall procure and maintain at its own expense during the life of this contract:
U:'Contrav f'iles,ennsimctioniMeyrv�Waming Siren Syswgn.wpd
A. Workmen's Compensation Insurance for all of its employees to be engaged in work
under this contract.
B. Contractor's Public Liability Insurance in an amount not less than$2,000,000 for
all claims arising out of a single occurrence and$300,000 for any one person in a
single accident or occurrence,except for those claims governed by the provisions
of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and
Contractor's Property Damage Insurance in an amount not less than$2,000,000 for
all claims arising out of a single accident or occurrence and$300,000 for any one
person in a single accident or occurrence.
C. Automobile Liability Insurance in an amount not less than$2,000,000 for all claims
arising out of a single accident or occurrence and$300,000 for any one person in
a single accident or occurrence.
D. Owner's Protective Liability Insurance. Contractor shall also obtain at its own
expense and deliver to the City an Owner's Protective Liability Insurance Policy
naming the City of Jefferson as the insured, in an amount not less than$2,000,000
for all claims arising out of a single accident or occurrence and$300,000 for any
one person in a single accident or occurrence,except for those claims governed by
the provisions ofthe Missouri Workmen's Compensation Law,Chapter 287,RSMo.
No policy will be accepted which excludes liability for damage to underground
structures or by reason of blasting, explosion or collapse.
E. Subcontracts. In case any or all of this work is sublet,Contractor shall require the
Subcontractorto procure and maintain all insurance required in Subparagraphs(A.),
(B.),and(C.)hereof and in like amounts.
F. Scope of Insurance and Special Hazard. The insurance required under Sub-
paragraphs (B.)and ( C.) hereof shall provide adequate protection for Contractor
and its subcontractors,respectively,against damage claims which may arise from
operations under this contract, whether such operations be by the insured or by
anyone directly or indirectly employed by it, and also against any special hazards
which may be encountered in the performance of this contract.
NOTE: Paragraph F. is construed to require the procurement of Contractor's protective
insurance (or contingent public liability and contingent property damage policies) by a
general contractor whose subcontractor has employees working on the project, unless the
general public liability and property damage policy(or rider attached thereto)of the general
contractor provides adequate protection against claims arising from operations by anyone
directly or indirectly employed by Contractor.
5. Contractor's Responsibility for Subcontractors.
It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions
of its subcontractors, and of persons either directly or indirectly employed by them,as Contractor
is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate
provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to
Contractor by all the terms herein set forth,insofar as applicable to the work of subcontractors and
U^Comract Files!construction,Meyer,Waming Siren Systemmpd 2
to give Contractor the same power regarding termination of any subcontract as the City may exercise
over Contractor under any provisions of this contract. Nothing contained in this contract shall create
any contractual relations between any subcontractor and the City or between any subcontractors.
6. Liquidated Damages.
The City may deduct Two Hundred Fifty Dollars($250.00) from any amount otherwise due under
this contract for every day Contractor fails or refuses to prosecute the work, or any separable part
thereof, with such diligence as will ensure the completion by the time above specified, or any
extension thereof,or fails to complete the work by such time,as long as the City does not terminate
the right of Contractor to proceed. It is further provided that Contractor shall not be charged with
liquidated damages because of delays in the completion of the work due to unforeseeable causes
beyond Contractor's control and without fault or negligence on Contractor's part or the part of its
agents.
7. Termination.
The City reserves the right to terminate this contract by giving at least five (5) days prior written
notice to Contractor,without prejudice to any other rights or remedies of the City should Contractor
be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its
creditors, or if a receiver should be appointed for Contractor or for any of its property, or if
Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled
workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any
person supplying labor or materials for the work under the contract, or persistently disregard
instructions of the City or fail to observe or perform any provisions of the contract.
8. City's Right to Proceed.
In the event this contract is terminated pursuant to Paragraph 9,then the City may take over the work
and prosecute the same to completion,by contract or otherwise,and Contractor and its sureties shall
be liable to the City for any costs over the amount of this contract thereby occasioned by the City.
In any such case the City may take possession of,and utilize in completing the work,such materials,
appliances and structures as may be on the work site and are necessary for completion of the work.
The foregoing provisions are in addition to,and not in limitation of,the rights of the City under any
other provisions of the contract, city ordinances, and state and federal laws.
9. Indemnity.
To the fullest extent permitted by law,the Contractor will indemnify and hold harmless the City, its
elected and appointed officials,e►nployces,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.
10. Payment for Labor and Materials.
Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the
construction of the work to be completed pursuant to this contract.
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11. Su u� lies.
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.
12. Payment.
The City hereby agrees to pay Contractor the work done pursuant to this contract according to the
payment schedule set forth in the Contract Documents upon acceptance of said work by the
Purchasing Agent of the City of Jefferson,and in accordance with the rates and/or amounts stated
in the bid of Contractor dated January 24, 2012, which are by reference made a part hereof. No
partial payment to Contractor shall operate as approval or acceptance of work done or materials
furnished hereunder. The total amount of this contract shall not exceed Two Hundred Ninety-Nine
Nine Hundred Twenty-Eight Dollars($299,928.00).
13. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later than ten(10)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 attorney's fees and expenses incurred in
such action.
17. Contract Documents.
The contract documents shall consist of the following:
a. This Contract f.. General Provisions
b. Addenda g. Special Provisions
c. Information for Bidders h. Technical Specifications
d. Notice to Bidders i. Drawing and/or Sketches
e. Signed Copy of Bid
This contract and the other documents enumerated in this paragraph, form the Contract between the
parties. These documents are as fully a part of the contract as if attached hereto or repeated herein.
18. For the six months following execution of this agreement,Contractor shall offer this same price identical
in Paragraph 12 to any other Cole County political entities subject to their entering into an agreeable
contract.
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19. Complete Understanding,Mercer.
Parties agree that this document including those documents described in the section entitled"Contract
Documents"represent the full and complete understanding of the parties.This contact includes only those
goods and services specifically set out. This contract supersedes all prior contracts and understandings
between the Contractor and the City.
20. Authorship and Enforcement
Parties agree that the production of this document was the joint effort 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.
21. Amendments.
This contract may not be modified,changed or altered by any oral promise or statement by whomsoever
made;nor shall any modification of it be binding upon the City until such written modification shall have
been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may
not be responsible for paying for changes or modifications that were not properly authorized.
22. Waiver of Breech .
Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of the terms
covenants or conditions herein shall not be deemed a waiver of any such terns,covenants or conditions,
nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times
by any right under the terms,covenants or conditions herein.
23. Assignment.
Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the
express consent of the remaining party.
24. Nondiscrimination.
Contractor agrees in the performance of this contract not to discriminate on the ground or because of race,
creed,color, national origin or ancestry, sex,religion,handicap, age, or political opinion or affiliation,
against any employee of Contractor or applicant for employment and shall include a similar provision in
all subcontracts let or awarded hereunder.
25. 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 affinning 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.
26. Notices.
All notices required to be in writing may be given by first class mail addressed to City of Jefferson, 320
East McCarty,Jefferson City, Missouri, 65101, and Contractor at Meyer Electric Company, Inc., 3513
North Ten Mile Drive,Jefferson City, Missouri, 65109. The date of delivery of any notice shall be the
second full day after the day of its mailing.
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IN WITNESS WHEREOF,the parties hereto have set their hands and seals this day 2012.
CITY OF JEFFERSON MEYER ELECTRIC COMPANY,INC.
Mayor Title: I—eon �zr,Vgee resided
T: ATTEST:
City Clerk/ Title: )l�trrs KAY, S cR rig2+�
APPROVED AS TO FORM:
Interim City Counselor
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AGREEMENT
This Agreement is entered into this Jlp'�Ll day of �n�.�y+ 2012 by and
between the County of Cole, (hereinafter"County")and the City of Jefferson (hereinafter
44c ity").
.• WHEREAS, the Cole County Commission has initiated a prograrn to assist political
subdivisions in the County in obtaining new, updated outdoor warning sirens; and
WHEREAS, the City wishes to accept the County Commission's assistance and acquire
twelve new sirens.
NOW, THEREFORE, the Parties in consideration of the foregoing recitals and the
mutual covenants and promises contained herein, hereby agree as follows:
I. The County will provide $50,417.16 to the City for the purposes of funding
twelve (12) new warning sirens.
2. The City will purchase twelve(12)new sirens and will apply this amount to the
acquisition cost.
3. The City wi[I be responsible for costs associated with the maintenance and
ownership of the sirens
IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date
first above written.
COUNTY OF COLE CITY OF JEFFERSON
Pre 'di1 nmissio
hest:
Mayor -
Cou y Clerk ~`
APPROVED AS TO FORM L z-11 City Counselor/�
CERTIFICATION OF AUDITOR
I, the Auditor for Cole County, do hereby certify that there is a balance otherwise
unencumbered to the credit of the appropriation to which it is to be charged and a cash balance
otherwise unencumbered in the treasury to the credit of the fund from which payment is to be
made, a s ient to et the obli ation incurred to Countv.
Coun y A it r Date
LEASE AGREEMENT
THIS AGREEMENT, made and entered into this _ day of hLZ�! 2012, by and
between the Paul H. Meyer, Insurance Trust, hereinafter referred to as "Meyer Trust," and the City of
Jefferson, Missouri, a municipal corporation of the state of Missouri, hereinafter referred to as "City."
WITNESSETH:
THAT WHEREAS, the City desires placement of a radio tower for emergency communications and
potentially a future location for an emergency siren, and Meyer Trust is the owner of a site appropriate for
the communications facilities hereinafter called "the premises."
NOW, THEREFORE, the parties hereto agree as follows:
1. Premises and Use.
Meyer Trust leases to the City the site described as follows (hereafter called the"Site"):
Part of the southeast quarter of Section 4,Township 44 North,Range 12 West, in the City of
Jefferson, Missouri, more particularly described as follow:
A 30 feet by 30 feet parcel being part of the property described in Book 288 Page 812 of the
Cole County Recorder's office here after referred to as the"Meyer Trust"tract. Said parcel
being centered on a tower first constructed by the City of Jefferson in the year 2012. The
original site to be set in the field and mutually agreed upon by both parties. No portion of
said tower site shall encroach on the platted pipeline easement being the southerly 40' of
said Meyer Trust tract.
The Site will be used by City for the purpose of installing, removing, replacing, modifying,
maintaining and operating, at its expense, an emergency communications tower, including, without
limitation, related antenna equipment and fixtures.
The City, or its agents, shall be entitled and authorized to have 24 hour access to the Site.
Meyer Trust shall make available across its premises power and telephone lines to access the tower.
The location of said lines shall be as is most convenient to Meyer Trust and shall not be upon any
easement currently existing upon the property owned by Meyer Trust. The area occupied by said
lines shall be made a part of this lease.
2. Term.
The term of this Agreement(the"Initial Term")is for twenty(20) years, commencing on October 1,
2012. This Agreement may be renewed for two (2) additional twenty(20) year terms which shall
be automatic unless Meyer Trust provides the City notice of its intention not to renew the lease not
less than ninety(90) days prior to the expiration of the each Term.
3. Rent..
In exchange for the lease terms herein, the City shall pay to Meyer Trust the sum of ten dollars
($10.00) to be paid in advance of the beginning on the lease.
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4. .- Title and Quiet Possession.
Meyer Trust represents and agrees(a)that it is the Owner of the Site; (b)that it has the right to enter
into this Agreement; (c) that the people signing this Agreement have the authority to sign; (d) that
Meyer Trust is entitled to access to the Site at all times and to the quiet possession of the Site
throughout the Initial Term and each Renewal Term;
5. Assignment/Subletting.
City will not assign or transfer this Agreement or sublet all or any portion of the Site without the
prior written consent of Meyer Trust. Meyer Trust may assign or sublet its property without the
City's prior written consent to any party controlling, controlled by or under common control with
Meyer Trust or to any party which acquires substantially all of the assets of Meyer Trust, although
any such transfer shall be subject to the terms of this lease.
6. Notices.
All notices must be in writing and are effective when deposited in the U.S. mail, certified and
postage prepaid, or when sent via overnight delivery, or as otherwise provided by law:
A. To City: City Administrator, City of Jefferson, 320 East McCarty Street, Jefferson City,
Missouri, 65101;
B. To Meyer Trust: Paul H. Meyer, Insurance Trust, 3513 North Ten Mile Drive, Jefferson
City, MO, 65109,
or to such other address as the parties may have specified through proper notice.
7. improvements.
City may, at its sole expense, make such improvements on the Site as it deems necessary from time
to time for the operation of the communications tower with prior notification to Meyer Trust. No
such improvements shall interfere with the normal use of Meyer Trust's property. The City shall be
responsible, at its sole expense, for all maintenance of the Site. City shall have the right to fence
that portion of the Site which contains the ground based equipment. Upon termination or
expiration of this Agreement, City shall remove its equipment and improvements and will restore
the Site to substantially the same condition existing on the Commencement Date, except for
ordinary wear and tear.
The City may at its sole expense and discretion, after notice to Meyer Trust, locate an emergency
siren on the Site.
8. Utilities.
The City will pay for all utilities used by it at the Site. City shall verify all existing underground
utility locations and shall be responsible for repair of any damage caused by installation of the Site.
Routing of all utilities shall be clearly marked and must be approved by the City prior to
commencement of work.
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9. Default.
If either party is in default under this Agreement for a period of(a)ten(10)days following receipt of
notice from the non-defaulting party with respect to a default which may be cured solely by the
payment of money, or(b) thirty(30) days following receipt of notice from the non-defaulting party
with respect to a default which may not be cured solely by the payment of money, then, in either
event,the non-defaulting party may pursue any remedies available to it against the defaulting party
under applicable law, including, but not limited to, the right to terminate this Agreement. If the
non-monetary default may not reasonably be cured within a thirty(30) day period, this Agreement
may not be terminated if the defaulting party commences action to cure the default within such thirty
(30) day period and proceeds with due diligence to fully cure the default.
10. Insurance and Waiver.
City shall maintain in full force and effect for and during the entire term of this Agreement and any
extensions or renewals thereof general liability insurance with limits of at least $2,000,000 for
bodily injury, $2,000,000 for property damage, $2,000,000 aggregate, occurring on, in or about the
Site, and contractual liability to cover assumed liabilities and indemnifications hereunder.
11. Indemnity.
The City and Meyer Trust each indemnifies the other against and holds the other harmless from any
and all costs (including reasonable attorneys' fees) and claims of liability or loss which arise out of
the use and/or occupancy of the Site by the indemnifying party. This indemnity does not apply to
any claims arising from the sole negligence or intentional misconduct of the indemnified party.
12. Miscellaneous.
A. This Agreement applies to and binds the heirs, successors, executors, administrators
and assigns of the parties to this Agreement.
B. This Agreement is governed by the laws of Missouri.
C. This Agreement constitutes the entire agreement between the parties and supersedes
all prior written and verbal agreements, representations,promises or understandings
between the parties. Any amendments to this Agreement must be in writing and
executed by both parties.
D. If any provision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of this Agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable, will not be
affected and each provision of this Agreement will be valid and enforceable to the
fullest extent permitted by law.
E. The prevailing party in any action or proceeding in court or mutually agreed upon
arbitration proceeding to enforce the terms of this Agreement is entitled to receive its
reasonable attorneys' fees and other reasonable enforceable costs and expenses from
the non-prevailing party.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this oA day of
W. 1 — -
CITY OF JEFFERSON, MISSOURI PAUL H. MEYER, INSURANCE TRUST
Mayor e:
f
.ATTEST: ATTEST:
• 7
City clerk
APPROVED AS TO FORM:
City Counselor
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