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HomeMy Public PortalAboutORD14390 BILL NO. 2008-42 • SPONSORED BY COUNCILMAN Harvey ORDINANCE NO. N��� AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MIDWEST BREATHING AIR, LLC FOR BREATHING AIR SYSTEM SERVICE AGREEMENT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Midwest Breathing Air, LLC for Breathing Air System Service Agreement. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. • Passed: Approved: l�r P esiding Officer Mayor A ST: APPR VED AS TO FORM: ity CI Counselor I W 390 CITY OF JEFFERSON CONSTRUCTION CONTRACT with MIDWEST BREATHING AIR LLC THIS CONTRACT,made and entered into this 4144 day of August,2008,by and between Midwest Breathing Air LLC,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 all material, labor, and equipment to provide, install, and service quarterly for two (2) years a breathing air compressor system at the City of Jefferson, Fire Station 1. NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. Contractor agrees to perform the services related to the project entitled Bid #2404 Breathing Air System - Fire Department in accordance with the plans and • specifications list in the bid packet including furnishing all material, labor, and quarterly servicing for two years of the breathing air compressor system at the City of Jefferson, Fire Station 1. 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 sixty(60)calendar days for delivery and installation from the date Contractor is ordered to proceed,which order shall be issued by the Fire Chief 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. 14 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 UXontract Files\nisc Ws\Midwest Breathing Air LLC\agreement 8-4-08.wpd 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 Ten Dollars($10.00)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: (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$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. (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 • UXontract Files\misc Ws\Midwest Breathing Air LLC\agreement 8-4-02.wpd 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 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 insure 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 • WContract Files\rnisc k's\Midwest Breathing Air LLC\agreement 8-t-a.wpd • 8. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 7, 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 shall indemnify,defend and hold harmless the City,its elected and appointed officials,employees,and agents, from and against all claims, damages, and expenses, including but not limited to attorneys' fees arising out or resulting from the performance of the Work, provided that any such claim, damage, loss or expense attributable to bodily injury, sickness,disease or death or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for those 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. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 11. Supplies. Contractor is hereby authorized and directed to utilized the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. 12. Payment. The City hereby agrees to pay the Contractor the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work to the Fire Chief and in accordance with the rates and/or amounts stated in the bid of Contractor dated July 3,2008,which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed Forty Thousand Two Hundred Dollars and Twenty-Six Cents, ($40,200.26). 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 UXontract Files\jnisc k's\Midwest Breathing Air LLC\agreement 8¢0'.wpd • 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 there. 15. Severabitily. 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 e. Signed Copy of Bid b. Addenda f. General Provisions c. Information for Bidders g. Special Provisions d. Notice to Bidders h. Technical Specifications i. Drawings 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 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 Enforcements. 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 received, in addition to any other relief, its reasonable attorneys fees, expenses and costs. U:\Contract Files\misc Ws\Midwest Breathing Air LLC\agreement 8-t-O§.wpd • 20. 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. 21. 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 relinquishments 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 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. 17. Notices. All notices required to be in writing may be given by first class mail addressed to the ITS Department, City of Jefferson, 320 East McCarty,Jefferson City, Missouri, 65 10 1, and Contractor at Midwest Breathing Air LLC, 915 Buchanan,Wapello, Iowa, 52653. The date of delivery of any notice shall be the second full day after the day of its �/mailing. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this /'"7 day of August, 2008. CITY OF JEFFERSON, MISSOURI MIDWEST BREATHING AIR LLC Mayo Tit e: ��ytp,4� ST: ATTEST: City CIA Title: lu� � AP ED AS O FORM: • City ounselor WContract Files\misc k's\Midwest Breathing Air LLC\agreement 8-406.wpd FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2404 -Breathing Air System, Fire Department Opened July 8, 2008 BIDS RECEIVED: Midwest Breathing Air, Wapello, IA $ 40,200.26 Emergency Sales& Service, Pacific, MO $ 40,341.00 MES, Fremont NE $ 40,730.00 Schuhmacher Fire Equipment, Washington, MO $ 40,917.00 Franco Fire Equipment, Arnold, MO Base A $ 41,645.00 Option B $ 40,698.00 Option C $ 40,195.00 Banner Fire Equipment, Roxana, IL $ 43,584.70 FISCAL NOTE: A supplemental appropriation is being requested to fund the purchase, installation, and service. PAST PERFORMANCE: This vendor has been awarded projects in the past and has completed the work as specified and bid. RECOMMENDATION: Staff recommends award of the bid to Midwest Breathing Air, LLC of Wapello, Iowa in the amount of$40,200.26. ATTACHMENTS - SUPPORTING DOCUMENTATION Signature 0 _ Purchasi g A ent are ief •