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HomeMy Public PortalAboutORD14945 BILL NO. 2011-167 SPONSORED BY COUNCILMAN Harvey ORDINANCE NO. / 41 S AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ALL SYSTEMS DESIGNED SOLUTIONS, INC., FOR A DOOR ACCESS SYSTEM AT THE WHITECOTTON BUILDING. WHEREAS, All Systems Designed Solutions, Inc., has become the apparent lowest and best offer for the door access system at the Whitecotton Building. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The final offer of All Systems Designed Solutions, Inc., is declared to be the lowest and best offer and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with All Systems Designed Solutions, Inc. for the door access system. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. /! Passed: �2 Approved: Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: City Clerk Interim City Counselor FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2609 –Sole Source – Door System Police Department Information Technology Services BIDS RECEIVED: Sole Source All Systems Designed Solutions, Inc, Kansas City, KS $49,263.00 FISCAL NOTE: 43-990-578059 – ITS/GIS FY209 2 $ 256,562.98 Expended 48,649.67 Encumbered 29,292.84 Bid 2599 $ 49,263.00 Balance $ 137,445.47 PAST PERFORMANCE: This vendor provided the systems used at the Transit Facility, City Hall and the Annex. The projects were completed as specified and bid. RECOMMENDATION: Staff recommends award to All Systems Designed Solutions, Inc., of Kansas City, Kansas in the amount of$49,263.00. ATTACHMENTS - SUPPORTING DOCUMENTATION Signature w- J . . J/ 42�— Ourch sin gent Director of Information Technology Services Scott Lord 3241 N. 7'h Street Trafficway Kansas City, KS 66115 All ystems Office: 913-281-5100 Fax: 913-281-5511 Isaiah 40:31 www.allsystemsonline.com PROPOSAL City of Jefferson City, MO EST #: 16066-REV3 Cletis Webb 320 Mcarty Drive Jefferson City, MO EXPIRATION: 30 DAYS PHONE: FAX: Project Title: access Control Additions to Police Department All Systems proposes to provide the additions to the Access Control System at the Police Department as discussed during walkthrough with Cletis and Scott Vaughn. The additions will include all Equipment and Installation of Equipment and Cabling. Programming, Commissioning and Training is also included in this Proposal. The Scope of Work Includes the Following: .Jefferson City Police Department: Entrance Door By Detectives o (1) Surface Mounted Strike o (1) Card Reader a (1) Request To Exit o (1) IP Based ACS Door Controller * bobby To Office Area Door: o (1) Surface Mounted Strike o (1) Remote Push Button o (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller PROPOSAL ACCEPTANCE 13t,signing this Proposal,the Customer accepts this Proposal and outhorizes all S),slems Designed Sohrtlons Ine., (All S)7stenrs)to order Equipment and conrnzence installation of tire,Svsleni. This proposal will expire if not accepted by the Proposal Expiration Date.All Systems reserves the right to modify this Proposal or withdraw it at any time prior to acceptance. The All Systems SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS are incorporated by reference and made a part or this Proposal.with the same eflecl as if they were staled herein. By accepting this Proposal,the Customer also acknowledges that the Customer has received it copy or and accepts the SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS. ALL SYSTEMS DESIGNED SO LUTIONS,INC. CUSTOMER By By Name: Scott Lord Name: Title: Vice President Title: Date: 02/1I/12 Proposal Acceptance Date: Scott Lord All SY I R1 3241 N.7�h Street Traffieway Kansas City, KS 66115 e s Office. 913-281-5100 Fax: 913-281-5511 Isaiah 40:31 - www.allsystemsonline.com Project Title: Access Control Additions to Police Department s Lobby to CAT Hallway: o (1) Surface Mounted Strike o (1) Remote Push Button o (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller a Communications Door 1 (Near Break Room): a (1) Maglock a (1) Push to Exit o (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller • Communications Door 2 (Near Workout Roam): o (1) Maglock o (1) Push to Exit o (1) Remote Push Button a (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller • Garage Entrance Door 1: o (1) Maglock o (1) Push to Exit a (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller • Garage Entrance Door 2: o (1) Maglock o (1) Push to Exit o (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller PROPOSAL ACCEPTANCE By signing this Proposal,the Custorrter accepts this Proposal acrd authorizes:IN Swerns Designed Solutions Gee•„ (A It Shsienrs)to order 1 qurpment ind commence installation of the 5vstenr_ This proposal will expire if not accepted by the Proposal Expiration Date. All Systems reserves the right to modify this Proposal or withdraw it at any time prior to acceptance. The All Systems SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD 'TERMS AND CONDITIONS are incorporated by reference and made a pan of this Proposal,wide the same el7ect as if they were stated herein. By accepting this Proposal,the Customer also acknowledges that the Customer has received a copy of and accepts the SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS. ALL SYSTEMS DESIGNED SOLUTIONS,INC. CUSTOMER By By Name: Scott Lord Name: Title:Vice President Title: Date: 02/11/12 Proposal Acceptance Date: Scott Lord 3241 N. 7 l Street Trafficway Kansas City, K5 66115 Office: 913-281-5100 ysteins Fax: 913-281-5511 Isaiah 40:31 - www.allsyst:emsonline.com Project Title: Access Control Additions to Police Department • Classroom Stairwell Door- * (1) Maglock o (1) Push to Exit o (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller • Parking Lot Steel Garage Door: o (1) Maglock o (1) Push to Exit o (1) Card Reader * (1) Request To Exit o (1) IP Based ACS Door Controller • Evidence/Property Door: o (1) Maglock o (1) Push to Exit o (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller • Secure Area Main Door: o (1) Strike a (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller • Secure Area Bottom Stairwell: a (1) Maglock o (1) Push to Exit a (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller PROPOSAL ACCEPTANCE 131'signrrtg this 111.0pasal,the Cistonrer accepts this Proposal and authorizes All Siverus Designers Sohaions hie.,(flll Systems)to order Equipment and commenee installation of the Svstem, This proposal will expire if not accepted by the Proposal Expiration Elate. All Systems reserves the right to modify this Proposal or withdraw it at any time prior to acceptance. The All Systems SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS are incorporated by reference and made a pail of this Proposal,with the same e(iect as if they were stated herein.By accepting this Proposal,the Customer also acknowledges that the Customer has received a copy of and accepts the SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDrrIONS. ALL SYSTEMS DESIGNED SOLUTIONS,INC. CUSTOMER By By Name: Scott Lord Name: Title: Vice President Title: Date: 02/11/12 Proposal Acceptance Date: Scott Lord All Sy I m 3241 N. 7M Street Trafficway Kansas City, KS 66115 s e s Office. 913-281-5160 Fax: 913-281-5511 Isaiah 40:311 - _- www.allsystemsonline.com Project Title: Access Control Additions to Police Department • Secure Area Top Stairwell: o (1) Maglock o (1) Push to Exit o (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller • Armory Swat Main Door: a (1) Maglock o (1) Push to Exit a (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller • Armory Internal Door To Ammo: o (1) Maglock o (1) Push to Exit o (1) Card Reader a (1) Request To Exit o (1) IP Based ACS Door Controller • Armory's Door: o (1) Maglock o (1) Push to Exit o (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller • Records Door: a (1) Strike o (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller PROPOSAL ACCEPTANCE Cdr signing tlris Proposal,the Customer accepts this Proposal and authorizes:111, syslenrs Designed Solutions Ine., (All Systems)to order Equipment and commence installation of tire System_ This proposal will expire if not accepted by the Proposal Expiration Date, All Systems reserves the right to modify this Proposal or withdraw it at any time prior to acceptance. Tlie All Systems SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDrIIONS are incorporated by reference and made a part or this Proposal,with the same effect as if they were stated herein.By accepting this Proposal, the Customer also acknowledges that the Customer ltas reccivw a copy or and accepts the SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS. ALL SYSTEMS DESIGNED SOLUTIONS,INC. CUSTOMER By By Natne: Scott Lord Name: Title: Vice President 'title: Date: 02/11/12 Proposal Acceptance Date: Scott Lord 3241 N. 7th Street Trafflcway M S Kansas City, KS 66115 Al SYS e Office: 913-281-51 DO Fax: 913-281-5511 Isaiah 40:31 www.allsystemsonline.c€sm Project Title: Access Control Additions to Police Department Cable Supplied and Run by Owner Install of All Door Hardware and Commissioning By All Systems Hardware Door: description Set Cost 1 Entrance Door By Detectives 1 $ 2,534.00 2 Lobby to Office Area 2 $ 2,621.00 3 Lobby to CAT Hallway 2 $ 2,621.00 4 Communications Door 1 3 $ 2,579.00 5 Communications Door 2 4 $ 2,666.00 6 Garage Entrance Door 1 3 $ 2,579.00 7 Garage Entrance Door 2 3 $ 2,579.00 8 Classroom Stairwell 3 $ 2,579.00 9 Parking trot Steel Garage Door 3 $ 2,579.00 10 Evidence/Property Room 3 $ 2,579.00 11 Secure Area Main Door 1 $ 2,534.00 12 Secure Area Bottom Stairwell 3 $ 2,579.00 13 Secure Area Top Stairwell 3 $ 2,579.00 14 Armory SWAT Main Door 3 $ 2,579.00 15 Armory Internal Door to Ammo 3 $ 2,579.00 16 Armory's Door 3 $ 2,579.00 17 Records Door 1 $ 2,534.00 18 Classroom Door 5 $ 2,850.00 19 Detective's Door 1 $ 2,534.00 Total: $ 49,263.00 DOTE: Within these numbers is (8) days of Perdiagm at $200.00 per day for a total of$1,600.00 PROPOSAL ACCEPTANCE Ily signing this Proposal,the Customer accepts this Proposal and authorizes All Svstenrs Designed Sohrtioas Inc.. (All Svstems)to Order Equipment and commence installation of the System, This proposal will expire if not accepted by the Proposal Expiraliun Date. All Systems reserves the right to modify this Proposal or withdraw it at any time prior to acceptance. The All Systems SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS are incorporated by reference and made a part of this Proposal,with the same effect as if they were stated herein. By accepting this Proposal,the Customer also acknowledges that the Customer has received a copy orantl accepts the SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS. ALL SYSTEMS DESIGNED SOLUTIONS,INC. CUSTOMER By By Name: Scott Lord Name: Title: Vice President Title: Date: 02/11/12 Proposal Acceptance Date: Scott Lard 3241 N.7th Street Trafficway Kansas City, KS 66115 All Svslems Office: 913-281-5100 Fax: 913-281-5511 Isaiah 40:3"N www.allsystemsonline.com Project Title: Access Control Additions to Police Department • Classroom Door: o (2) Maglock o (1) Override Key Switch o (1) Card Reader o (1) Request To Exit o (1) IP Based ACS Door Controller • Detective's Door: o (1) Strike a (1) Card Reader a (1) Request To Exit o (1) IP Based ACS Door Controller PROPOSAL ACCEPTANCE 41'S fining this proposal,lire Customer accepts this Proposal and authorizes All Systems Designed Solutions Inc., (,171 Systems)to order Equipment and comwencc irt,elnllation of the Srsteru. This proposal will expire iroot accepted by the Proposal Expiration Date, All Systems reserves the right to modify this Proposal or withdraw it at any time prior to acceptance- The All Systems SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS arc incorporated by reference and made a pail ofthis Proposal,with the same effect as if they were stated herein. By accepting this Proposal,the Customer also acknowledges that the Customer has received a copy of and accepts the SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS, ALL SYSTEMS DESIGNED SOLUTIONS,INC. CUSTOMER By _ By Name: Scott Lard Name: Title:Vice President Title: Date: 02/11/12 Proposal Acceptance Date: Scott Lord 3241 N. 7th Street Traffcway Kansas City, KS 66115 Al Systenis Office: 913-281-5100 Fax: 913-281-5511 IN40. www.allsystemsonlitne.com Project Title: Access Control Additions to Police Department Door Hardware Setts: Hardware Set #1 with a Strike/ No Additional Button Description QTY Price IP Door Controller 1 $ 485.00 Request To Exit Device 1 $ 63.00 Strike 1 $ 320.00 Standard Reader 1 $ 199.00 Shared Head-end Cable Resources/Project Management 1 $ 662.00 Installation/Commissioning 1 $ 805.00 Tota 1: $ 2,534.00 Hardware Set #2 with a Strike/ No Additional Button Description QTY Price IP Door Controller 1 $ 485.00 Request To Exit Device 1 $ 63.00 Remote Push Button 1 $ 87.00 Strike 1 $ 320.00 Standard Reader 1 $ 199.00 Shared Head-end Cable Resources/Project Management 1 $ 662.00 Installation/Commissioning 1 $ 805.00 Tota 1. $ 2,621-00 PROPOSAL ACCEPTANCE By signing this Proposal,the Customer accepts this Proposal and authorizes tell SiPstems Designed Sohtlions Inc., (rill Systems)to order Equipment and comtnence installation of the Systenr. This proposal will expire if not accepted by the Proposal Expiration Date. All Systems reserves the right to modify this Proposal or withdraw it at any time prior to acceptance. 1-he All Systems SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS are incorporated by reference and made a part of this Proposal,with the sarne effect as if they were stated herein. By accepting this Proposal,the Cuslorner also acknowledges that the Customer has received a copy of and accepts the SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS. ALL SYSTEMS DESIGNED SOLUTIONS,INC. CUSTOMER By By Name: Scott Lord Name: Title:Vice President Title: Date. 02/11/12 Proposal Acceptance Date: Scott Lord V- AIISY I M 3241 N. 71h Street Trafpicway Kansas City, KS 66115 s e s Office: 913-281-5100 Fax: 913-281-5511 Isaiah 40:31 www.allsystemsonline.com Project Title: Access Control Additions to Police Department Door Hardware Sets: Hardware Set #3 with Push and Mag Description QTY Price IP Door Controller 1 $ 485.00 Request To Exit DeNAce 1 $ 63.00 Push To Exit Button 1 $ 87.00 Magiock 1 $ 278.00 Standard Reader 1 $ 199.00 Shared Head-end Cable Resources/Project Management 1 $ 662.00 Installation/Commissioning 1 $ 805.00 Total: $ 2,579.00 Hardware Set #4 Description QTY Price IP Door Controller 1 $ 485.00 Request To Exit De%Ace 1 $ 63.00 Remote Push Button 1 $ 87.00 Push To Exit Button 1 $ 87.00 Magiock 1 $ 278.00 Standard Reader 1 $ 199.00 Shared Head-end Cable Resources/Project Management 1 $ 662.00 Installation/Commissioning 1 $ 805.00 Tota I: $ 2,666.00 PROPOSAL ACCEPTANCE fly signing this Proposal,the Gtstainer accepts this Proposal and authorizes 4115Pstetns Designed Solialons Inc., (XI Systenrs)to order E'quipmew and continence installation of the Sy,vem. This proposal will expire if not accepted by the Proposal Expiration Date. All Systems reserves the right to modify this Proposal or withdraw it at any titne prior to :acceptance. The All Systems SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS are incorporated by reference and made a part or this Proposal,with the same effect as if they were stated herein. By accepting this Proposal,the Cusiorner also acknowledges that the Customer has received a copy of and accepts ti:e SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS. ALL SYSTEMS DESIGNED SOLUTIONS,INC, CUSTOMER B B Name: Scott Lord Name: Title: Vice President Title: Date: 02/11/12 Proposal Acceptance Date: Scott Lord 3241 N. 7th Street Trafficway Kansas City, KS 66115 Office: 913-281-5 100 Ali Systenis Fax: 913-281-5511 Isaiah 40:31 www.allsystemsonline.com Project Title: Access Control Additions to Police Department Door Hardware Sets: Hardware Set#5 Description QTY Price I Door Controller 1 $ 485.00 Request To Exit Device 1 $ 63.00 Override Keyswitch with Timer 1 $ 148.00 Maglock 1 $ 278.00 Standard Reader 1 $ 199.00 Shared Head-end Cable Resources/Project Management 1 $ 662.00 Installation/Commissioning 1 $ 1,015.00 Total: $ 2,850.00 PROPOSAL ACCEPTANCE L31,signing this Proposal.the Customer neevpls this Proposal and azahori_es All Systetns Designed 5ol€rtions Inc-(4115jutents)to order Equipment and commence installation of du System. This proposal will expire if not accepted by the Proposal Expiration Date. All Systems reserves the right to modify this Proposal or withdraw it at any time prior to acceptance, The All Systems SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS are incorporated by reference and made a part of this Proposal,with the same elTecl as if they were slated herein. By accepting this Proposal, the Customer also acknowledges that the Customer has received a copy or and accepts the SYSTEM INSTALLATION AND SERVICE PROGRAM STANDARD TERMS AND CONDITIONS. ALL SYSTEMS DESIGNED SOLUTIONS,INC. CUSTOMER By By Narne:Scott Lord Name: Tide:Vice President Title: Date: 02/11/12 Proposal Acceptance Date: Scott Lord 3241 N. 71h Street Trafficway Kansas City, KS 66115 All Sys ems Office: 913-281-5100 Fax: 913-281-5511 Isaiah 40:31 1 www.allsystemsonline.com Section 2-Scope of Work Supplied By: Description of Service: All Systems Other Owner Proposed Equipment "Section 'I" X Termination of Head-End Equipment X Commissioning of Equipment Supplied in "Section 1" X Submittals and Shop Drawings X System Training X System Testing Assistance X Field As-Builts X Installation of Equipment supplied in "Section 1" X Cable Supplied X Installation of Cable J X Fire Caulking and Patching X Demolition of old or existing equipment N/A Interconnections with Supplied System: Server for Supplied Software in "Section 1" NIA Network Drop for Camera N/A PoE Switch X PBX Tie -In NIA Network Connections and IP Addresses X Server for Supplied Software in "Section 1" N/A X Section 3—Comments Special considerations,disclaimers,clarifications,etc. 1) Excludes all applicable sales tax 2) 1-year warranty on parts and labor and service support initiated at the date of system commissioning via AS DS Warranty Commencement Form 3) Prevailing ARE included in this Proposal 4) Walk thru needed to determine final cable, cable installation and labor costs. 5) ASDS may use subcontracted labor to complete this project. 6) Pre-construction review with our projects department is strongly recommended. 7) Electronically produced Shop Drawings require CAD drawings supplied to All Systems. 8) Aerial Lift or Scaffolding is not included in proposal price unless specifically noted. 9) Relays larger than those provided by All Systems will be provided by others and controlled by All Systems provided relays_ 10) Custom system backboxes are supplied by All Systems, installed by Electrical Contractor. 11) Any materials provided by All Systems left unused remain the property of All Systems. 12) Demolition of existing systems and equipment is not included unless specifically noted. Section 4-Value Engineered Alternates Section 5- Proposal Validation Listen ® Analyze - Innovate Corporate Headquarters 3241 North 7'h Street Trafficway Kansas City St. Louis Wichita Kansas City, Kansas 66115 913/281-5100 636/720-2290 316/322-79D1 888/677-5333 Fax: 913/281-5511 10 CITY OF JEFFERSON CARD ACCESS SYSTElYl at the Jefferson City Police Department THIS CONTRACT, made and entered into this day of April, 2012, by and between All Systems Designed Solutions,Inc.of Kansas City,Kansas,hereinafter called"Contractor",and the City of Jefferson, Missouri, a municipal corporation,hereinafter called"City." WITNESSETH: Whereas, Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: .Purchase and installation additions to the Access Control System for the Police Department, Jefferson City,Missouri. NOW THEREFORE, the parties to this contract agree to the following: I. Scone, of Services. Contractor agrees to provide supervision, labor, tools, equipment, materials and supplies required for the purchase and installation of a additions to the Access System for the Police Department, Jefferson City,Missouri. 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 thirty (30) working days for purchase and installation of equipment from the date Contractor is ordered to proceed,which order shall be issued by the Purchasing Department within ten(10)days after the date of this contract. 3. 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 ITI Director of the City of Jefferson, and in accordance with the rates and/or amounts stated in the Proposal from Contractor dated February 11,2012,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 Forty-Nine Thousand Two Hundred Sixty-Three Dollars ($49,263.00). 4. Prevailing Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the"prevailing hourly rate of wages"for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department 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 perfonned 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 terins 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. 5. Pricing. Pricing shall be as included with Contractor's response quoted on the Proposal. 6. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Contractor's Public Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single occurrence and$300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, .RSMo, and Contractor's Property Damage Insurance in an amount not less than$2,000,000 for all clairns arising out of a single accident or occurrence and$300,000 for any one person in a single accident or occurrence. C. Automobile Liability Insurance in an amount not less than$2,000,000 for all claims arising out of a single accident or occurrence and$300,000 for any one person in a single accident or occurrence. D. Owner's Protective Liability Insurance. Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured,in an amount not less than$500,000 for all claims arising out of single accident or occurrence and$100,000 for any one person in a single accident or occurrence,except for those claims governed by the provisions of the Missouri Worlunen'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. 2 E. Subcontracts. In case any or all of this work is sublet,Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs(A.), (B.), and(C.) hereof and in like amounts. F. Scope 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 Iiability and contingent property damage policies) by a general contractor whose subcontractor has einployces working on the project, unless the general public liability and property damage policy(or rider attached thereto)of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by Contractor. 7. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City forthe acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth,insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 8. Liquidated Damages. The City may deduct Two Hundred Fifty Dollars($250.00)from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will ensure the completion by the time above specified, or any extension thereof,or fails to complete the work by such time,as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 9. Termination. The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to Contractor,without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 3 S. 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 contractor 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,employees,and agents from and against any and all claims,damages, losses,and expenses including attorneys'fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death,or to injury to or destruction of tangible property(other than the Work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge,or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. 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. 11. Supplies. Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062,RSMo 1986 as amended. 14. Performance and Materialman's Bonds Required. Contractor shall provide a bond to the City before work is commenced, and no later than ten(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. 15. Knowledge of Local Conditions. Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications and has fully considered such local conditions in making its bid herein. 16. Seyerability. If any section, subsection,sentence,or clause of this Contract shall be adjudged illegal, invalid,or unenforceable, such illegality, invalidity, or unenforecability 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. 4 17. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract,and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction.In any successful action by the City to enforce this contract,the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 18. Contract Documents. The contract documents shall consist of the following: a. This Contract f.. General Provisions b. Addenda g. Special Provisions c. Infonnation for Bidders h. Technical Specifications d. Notice to Bidders i. Drawing and/or Sketches c. Signed Copy of Bid This contract and the other documents enumerated in this paragraph,form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 19. Complete Understanding,Merger. Parties agree that this document including those documents described in the section entitled "Contract Documents"represent the full and complete understanding of the parties. This contact includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the City. 20. Authorship and Enforcement - Parties agree that the production of this document was the joint effort 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 terms, covenants or conditions,nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms,covenants or conditions herein. 23. Assignment. Neither party may sell or assign its rights or responsibilities under the terns of this agreement without the express consent of the remaining party. 5 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 conunencement of the work a. Contractor shall,by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. C. Contractor shall provide proof of citizenship or lawful presence prior to issuance of the Notice to Proceed. 26. Excessive Unemployment. During periods of excessive unemployment (any month inunediately following two consecutive calendar months during which the level of unemployment is the state has exceeded five percent as mcasuredby the United States Bureau of Labor Statistics)only Missouri laborers(persons who have resided in Missouri for at least thirty days and intend to become or remain Missouri residents)and laborers from non-restrictive states(persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state,as determined by the Labor and Industrial Relations Commission),may be employed under the contract,except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available,or are incapable of performing the particular type of work involved,if so certified by the contractor and approved by the contracting officer. 27. Transient Employers. Every transient employer,as defined in section 285.230,RSMo,enclosed in the laws section,must post in a prominent and easily accessible place at the work site a clearly legible copy of the following:(1)The notice of registration for employer withholding issued to such transient employer by the director of revenue; (2) Proof of coverage for workers' compensation insurance or self- insurance signed by the transient employer and verified by the department of revenue through the records of the division of workers' compensation; and (3) The notice of registration for unemployment insurance issued to such transient employer by the division of employment security. Any transient employer failing to comply with these requirements shall, under section 285.234, RSMo,enclosed in the laws section,be liable for apenalty of$500 per day until the notices required by this section are posted as required by that statue. 28. Notices. All notices required to be in writing may be given by first class mail addressed to City of Jefferson, Purchasing Department,320 East McCarty,Jefferson City,Missouri,65 10 1,and Contractor at All Systems Designed Solutions,Inc.,3241 No. 7"'Street Traffieway,Kansas City,Kansas,6115. The date of delivery of any notice shall be the second full day after the day of its availing. 6 A.PA IN WITNESS WHEREOF,the parties hereto have set their bands and seals this�_day pf Ada ,2012. CITY OF JEFFERSON ALL SYSTEMS DESIGNED SOLUTIONS,INC. —1 .. A� '1� - - Mayor Title: r 0 C %r . AT'T'EST. ATTEST. City Clerk Title: APPROVED AS TO FORIvi: 1 Brim City Counselor 7