HomeMy WebLinkAbout23-1101 Kone Inc. a3 - 1101 One.
November 1, 2023 Agenda
Bid Item: #1 — OMNIA/US Communities Cooperative Proposal, Elevator
Repairs ($328,708)
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 1st day of November
2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City")and KONE, INC., a Delaware corporation,(hereinafter referred to as "Seller").
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto
hereby agree as follows:
1. PURCHASE. The Seller shall provide to the City the services and equipment for
the repairs of the north passenger elevator at City's Spring Street garage as described in the KONE
Care proposal dated October 3, 2023, consisting of four (4) pages, attached hereto and made a part
hereof as Attachment A, and as provided by the OMNIA Joint Purchasing Cooperative Contract
#EV2516, attached hereto and made a part hereof as Attachment B (the "OMNIA Agreement").
Seller shall complete all of the services to be provided pursuant to this Agreement within QQ
days of the entry into this Agreement.
2. TERMS. This Agreement shall be subject to the terms and conditions contained
herein and as provided by Attachment A, which is attached hereto and made a part hereof and the
OMNIA Agreement. In the event of any conflict between any of the terms and provisions this
Agreement and either Attachment A or the OMNIA Agreement, or any portion thereof, the terms
and provisions of this Agreement shall supersede and control. In the event of any conflict between
Attachment A and the OMNIA Agreement,Attachment A shall supersede and control.
3. LAWNENUE. This Agreement is subject to and governed by the laws of the State
of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of
or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller
hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the
enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit
brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by
first class U.S. mail to 1080 Parkview Boulevard, Lombard, IL 60148 shall constitute effective
service.The Parties hereto waive any rights to a jury.
4. NO MODIFICATION. There shall be no modification of this Agreement, except
in a writing instrument executed by both Parties with the same formalities as the original
Agreement.
5. MERGER. This Agreement embodies the whole Agreement of the Parties. There
are no promises, terms, conditions or obligations other than those contained herein, and this
Agreement shall supersede all previous communications, representations or Agreements, either
verbal,written or implied between the Parties hereto.
6. INTEREST. Seller hereby waives any and all claims or rights to interest on money
claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to
which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the
Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois
Interest Act(815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive
any expiration, completion and/or termination of this Agreement.
7. SEVERABILITY. The terms of this Agreement shall be severable. In the event
any of the terms or the provisions of this Agreement are deemed to be void or otherwise
unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect.
8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this
Agreement, it is expressly agreed and understood that in connection with the performance of this
Agreement, Seller shall comply with all applicable federal, state,city and other requirements of law,
including, but not limited to, any applicable requirements regarding prevailing wages, minimum
wage, workplace safety and legal status of employees.
9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in
counterparts, each of which shall be an original and all of which shall constitute one and the same
Agreement. This Agreement may be executed electronically, and any signed copy of this
Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all
manners and respects as an original document. The signature of any party on a copy of this
Agreement transmitted by facsimile machine, email, or other electronic means shall be considered
for these purposes an original signature and shall have the same legal effect as an original signature.
10. PAYMENT. City shall pay the total sum of Fifty Thousand Three Hundred Thirty-
Three and 36/100 Dollars($50,333.36)within thirty(30)days of Seller's completion of the services
to be provided pursuant to this Agreement or City's receipt of invoice, whichever is later. The
aforementioned total sum is inclusive of all freight and shipping costs. The City of Elgin is a tax-
exempt governmental entity.
11. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary
damages in excess of the purchase price contemplated by this Agreement. In no event shall City be
liable for any consequential, special or punitive damages, or any damages resulting from loss of
profit.
12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the
City upon delivery of the goods. All transportation and delivery shall be at Seller's sole expense.
13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and
shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from
and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and all other
relief or liability arising out of or resulting from or through or alleged to arise out of any acts or
negligent acts or omissions of Seller or Seller's officers, employees, agents or subcontractors in the
performance of this Agreement, including but not limited to,all goods delivered or services or work
performed hereunder. In the event of any action against the City, its officers, employees, agents,
boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action
shall be defended by legal counsel of the City's choosing.
14. WARRANTY. All applicable warranties, including but not limited to any and all
applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a
particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories,
components, and services to the benefit of the City.
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15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be
construed so as to create a joint venture, partnership, employment or other agency relationship
between the Parties hereto.
16. WAIVER. Any delay or failure to enforce any rights by either party arising out of
or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any
such rights.
17. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the
Seller arising out of this Agreement must be filed within one year of the date the alleged cause of
action arose or the same will be time-barred.
18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement.
19. PREVAILING WAGE. This Agreement calls for the construction of a "public
work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01, et seq., as
amended. The Prevailing Wage Act requires contractors and subcontractors to pay laborers,
workers, and mechanics performing services on public works projects no less than the current
"prevailing rate of wages" (hourly cash wages plus amount for fringe benefits) in the county where
the work is performed. The Illinois Department of Labor publishes the prevailing wage rates on its
website at http://labor.illinois.gov/. The Illinois Department of Labor revises the prevailing wage
rates and the contractor/subcontractor has an obligation to check the Illinois Department of Labor's
website for revisions to prevailing wage rates. For information regarding current prevailing wage
rates, please refer to the Illinois Department of Labor's website. All contractors and subcontractors
rendering services under this Agreement must comply with all requirements of the Prevailing Wage
Act, including but not limited to, all wage requirements and notice and record keeping duties.
The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit
the Seller contractually and has been authorized to execute this Agreement on its behalf.
IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above
written.
KONE, INC. CITY GIN
Print Name ichard G. Koza , ity anagc
44-44et1)eelaA.adi Attest:
Signature
.(f/Ad
Title ity Clerk
Legal Dept\Agreement\Kone Inc Agr-Elevator Maintenance-I 0-20-23.docx
'This Agreement shall be subject to the terms and conditions contained
herein and as provided by Attachment A.watch is attached hereto and made a part hereof and the
OMNIA Agreement In the event of any conflict between any of the terms and provisions this
Agreement and either Attachment A or the OMNIA Agreement or any portion thereof the terms
and provisions of this OMNIA shall supersede and control
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ATTACHMENT A
TM 112 0 113
KO N E Care KONI- Internal
PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL
October 3. 2023
CITY OF ELGIN, SPRING STREET GARAGE -
200 E. CHICAGO ST.
ELGIN, IL 60120 •
•
Attn: Rich Hoke
Re: Elevator Repairs Elements/Abuse North Passenger Elevator +
Spring Street Garage 4.1
P.'.
Dear Rich, p
The safety, performance and reliability of your vertical
transportation equipment are important to us. We understand the -I • f /11
value of the equipment to your building and know that the following -_
areas are important to you:
• Passenger and employee safety
• Code compliance
• Performance and reliability
• Accessibility
• Aesthetics
• Eco-efficiency
We thank you for the opportunity to submit the following proposal to you which will help improve your equipment in one
or more of the above areas. Our trained service technician will follow proven performance procedures to perform the
recommended work in a safe. professional manner designed specifically for each piece of equipment.
Upon your approval, please sign and return the following proposal to our local Branch Office for processing.
Should you have any questions regarding this agreement, or if we can be of any further assistance, please contact me
at (630)629-3100.
Sincerely,
Martin Rogman
Senior Sales Executive
KONE Inc.
KONE Care TM
KONE Internal MI 0
MM
PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL
October 3, 2023 KONE Inc.
CITY OF ELGIN, SPRING STREET GARAGE 1080 Parkview Boulevard
200 E. CHICAGO ST. Lombard, Illinois 60148
ELGIN, IL 60120 Tel (630) 629-3100
Fax (630)629-3440
ATTN: Rich Hoke www.kone.com
martin.rogman@kone.com
Re: Elevator Repairs Elements/Abuse North Passenger Elevator
Spring Street Garage
Description of Work
We propose to furnish and install the necessary labor, materials, tools and supervision to perform the following
work on the North Passenger Elevator#1 South Elevator at 200 E. Chicago St. Elgin, IL 60120.
We will furnish and install new door sills, new hoistway doors and hoistway door related equipment.
KONE will remove, level, and replace existing sills with new on all 4 landings. KONE will remove, level,
and replace with new all hoistway doors on all 4 landings.
Price
Our total price to perform the above-mentioned work amounts to: $50,333.36 (FIFTY THOUSAND THREE
HUNDRED THIRTY THREE and 36/100 dollars). This pricing is reflective of the OMNIA/US Communities
Joint Purchasing Agreement.
Labor=$33,155.84
Materials,ZONE, Shipping, Etc. =$17,177.52
Our price includes applicable labor, and materials. This proposal is not binding on KONE until approved by an
authorized KONE representative. Pricing is subject to KONE's attached Terms and Conditions for tendered
repairs and, by signing below, Purchaser hereby agrees to these Terms and Conditions. Price is valid for 30 days
from date of this proposal.
During the course of our work, should deficiencies, code violations, or other issues be discovered, we will
promptly notify Purchaser and provide a separate quotation to correct these issues.
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KONE CareTMKONE Internal
PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL
ACCEPTANCE: The foregoing Agreement is hereby Respectfully submitted by,
signed and accepted in duplicate on behalf of KONE Inc.
CITY OF ELGIN
(Signature) Martin J Rogman, Senior Sales Executive
(Print Name) (Approved By)Authorized Representative
(Print Title) Title
Date: / / Date: / /
This Agreement shall be subject to the terms and conditions contained
herein and as provided by Attachment A.which is attached hereto and made a part hereof and the
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KONE Care TM
KONE Internal 1:2 0
Ma
PEOPLE FLOW REPAIR AND UPGRADE PROPOSAL
TERMS AND CONDITIONS
This proposal is subject to the following terms and conditions,all of which are hereby agreed to:
KONE shall submit invoices for the value of material delivered and/or labor performed,less the down payment paid at the time of proposal acceptance.A final invoice shall
be issued by KONE upon completion of the work and shall include all balances due.Purchaser agrees to pay the amount of any tax imposed by any existing law.or by any
law enacted after the date of this Agreement,based upon the transfer,use,ownership or possession of the equipment involved in the services rendered herein. KONE
reserves the right to discontinue our work at anytime until we have assurance,satisfactory to us,that payments will be made as agreed.Final payment shall become due
and payable upon completion of the work described in this Agreement.Failure to pay any sum due to KONE within thirty(30)days of the invoice will be a matenal breach.A
delinquent payment charge calculated at the rate of 1''4%per month,or if such rate is usurious then at the maximum rate under applicable law.shall be applied to the
delinquent payments.In the event of default on the payment provisions herein.Purchaser agrees to pay,in addition to any defaulted amount,all attorney fees,collection cost
or court costs in connection therewith.The machinery,implements and apparatus furnished hereunder remain KONE's personal property and KONE retains title thereto until
final payment is made,with right to retake possession of the same at the cost of the Purchaser if default is made in any of the payments,irrespective of the manner of
attachment to the realty,the acceptance of notes,or the sale.mortgage or lease of the premises.
The states requiring notice prior to filing a lien,this notice requirement is hereby complied with.
KONE shall not be liable for damage or delay caused directly or indirectly by accidents,embargoes.strikes,lockouts,work interruption or other labor dispute,fire.theft.
floods.or any cause beyond KONE's control. Regardless of the type of delay.KONE shall not be liable for any indirect,consequential,or special damages including but not
limited to fines,penalties.loss of profits.goodwill,business or loss of use of equipment or property.
Purchaser agrees to provide safe access to the equipment and machine room areas.Should conditions develop beyond KONE's control making the building or premises in
which KONEs personnel are working unsafe.KONE reserves the right to discontinue work until such unsafe conditions are corrected. Should damage occur to KONEs
material or work on the premises,by fire,theft or otherwise,Purchaser shall compensate us therefore.
Any asbestos removal necessitated by work described in this Proposal will be the Purchaser's responsibility.Purchaser shall provide documentation that the asbestos has
been abated from the KONE work area and air clearance reports shall be made available upon request.Purchaser is responsible for all costs of oil disposal should it be
determined that oil from Purchaser's equipment is contaminated.
KONE undertakes to perform this work in conformity with the usual applied codes and standards,however,no guarantee can be made that all code violations or defects have
been found. This work is not intended as a guarantee against failure or malfunction of equipment at any future time.
It is agreed and understood that KONE is not responsible for damages,either to the vertical transportation equipment or to the building,or for any personal injury or death.
arising from or resulting from any code required safety tests performed on this equipment.
Nothing in this agreement shall be construed to mean that KONE assumes any liability of any nature whatsoever arising out of.relating to or in any way connected with the
use or operation of the equipment described above. Purchaser shall be solely responsible for the use.repair and maintenance of the equipment and for taking such steps
including but not limited to providing attendant personnel,warning signs and other controls necessary to ensure the safety of the user or safe operation of the equipment.
Neither KONE nor its affiliates,subsidiaries or divisions shall be responsible or liable for any damages,claims.suits.expenses and payments on account of or resulting from
any injury,death or damage to property arising or resulting from the misuse,abuse or neglect of the equipment herein named or any other device covered by this contract.
Purchaser shall at all times and at Purchaser's own cost.maintain a commercial general liability policy covering bodily injury and property damage with the limits of liability
Purchasers customarily carry(naming KONE as additional insured)arising out of the services provided under this Authorization and/or the ownership.maintenance,use or
operation of the equipment described herein.
It is agreed and understood that Purchaser is solely responsible for ongoing maintenance and care of the equipment described above. IT IS EXPRESSLY UNDERSTOOD.
IN CONSIDERATION OF OUR PERFORMANCE OF THIS WORK THAT PURCHASER ASSUMES ALL LIABILITY FOR THE USE.MAINTENANCE OR OPERATION OF
THE EQUIPMENT DESCRIBED ABOVE AND FOR ANY INJURY,INCLUDING DEATH.TO ANY PERSON OR PERSONS AND FOR DAMAGE TO PROPERTY OR
LOSS OF USE THEREOF.ON ACCOUNT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK TO BE DONE HEREIN,AND AGREES TO THE EXTENT
PERMITTED BY LAW TO DEFEND,INDEMNIFY AND HOLD HARMLESS KONE,ITS OFFICERS,DIRECTORS AND EMPLOYEES FROM ALL DAMAGES,CLAIMS,
SUITS,EXPENSES AND PAYMENTS ON ACCOUNT OF OR RESULTING FROM ANY SUCH INJURY,DEATH OR DAMAGE TO PROPERTY,EXCEPT THAT
RESULTING FROM THE SOLE NEGLIGENCE OF KONE INC. Purchaser hereby waives any and all rights of recovery,arising as a matter of law or otherwise,which
Purchaser might now or hereafter have against KONE Inc.
KONE warrants the materials and workmanship of the equipment for 90 days after completion.Purchaser's remedy is limited to repair or replacement of a defective part,in
KONE's sole discretion.The warranty is limited to the replacement or repair of the part itself,and excludes labor.In no event shall KONE be responsible for damage due to
normal wear and tear,vandalism.abuse,misuse,neglect.work or repairs or modifications by others.or any other cause beyond the control of KONE.KONE disclaims any
other warranty of any kind.either expressed or implied,including without limitation the implied warranties of merchantability or fitness for a particular purpose.or
noninfringement.
Unless otherwise agreed,it is understood that the work shall be performed during regular working hours of regular working days of the elevator trade.If overtime work is
mutually agreed upon and performed.the additional price,at KONE's usual rates for such work,shall be added to the contract price herein named.
It is expressly understood and agreed all prior agreements written or verbal regarding the subject matter herein are void and the acceptance of this Agreement shall
constitute the contract for the material and work specified in this Agreement.Any changes to this Agreement must be made in writing and signed by both parties.
The terms and conditions set forth herein shall constitute the complete agreement for any work performed.AND shall prevail over and supersede any terms and conditions
contained in any documents provided by the Purchaser.
The Purchaser does hereby agree the exclusive venue for any dispute between the parties shall be in the county of Rock Island.IL.
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ATTACIIMENT B
FACILITY REPAIR AND MAINTENANCE CONTRACT
EV2516 ELEVATOR AND ESCALATOR
MAINTENANCE AND REPAIR SERVICES
GENERAL SERVICES DEPARTMENT
THIS CONTRACT is between KANSAS CITY,MISSOURI, a constitutionally chartered municipal
corporation ("City"), and KONE, INC. ("Contractor"). City and Contractor agree as follows:
PART I
SPECIAL TERMS AND CONDITIONS
Sec. 1.Work To Be Performed.The Specification/Scope of Work and any addenda are attached
hereto and incorporated into this Contract.
Sec.2. Term of Contract and Additional Periods
A. Initial Term. The initial term of this Contract shall begin on December 1, 2018 and shall
end on November 30, 2024 for a six(6)year term. The Manager of Procurement Services
is authorized to enter into an amendment of this Contract with CONTRACTOR to extend
the term of this Contract and time of performance for this Contract.
B. Renewal Terms. At any time prior to the expiration of the initial term or any subsequent
term,the CITY, in its sole discretion, may renew this Contract for up to five(5) additional
one(1) year terms.
C. Transition Term. Notwithstanding the expiration of the initial term or any subsequent
term or all options to renew, CONTRACTOR and CITY shall continue performance
under this Contract until the CITY has a new contract in place with either
CONTRACTOR or another provider or until the CITY terminates the Contract.
D. The products and services which are subject to this Contract may be covered by a separate
maintenance agreement (see Exhibit 4). The term of the maintenance agreement shall be
governed by that document and may extend beyond the expiration date of this Contract.
Sec.3. Purchase Orders
A. City shall order all services to be provided by Contractor under this Contract by means of a
Purchase Order issued by the City's Manager of Procurement Services for which funds
have been certified and encumbered by the City's Director of Finance.
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B. Contractor shall not provide any services in excess of the dollar amount contained in any
Purchase Order and Contractor shall not be entitled to any payment in excess of the dollar
amount of the Purchase Orders from City.
Sec. 4. Compensation.
A. The maximum amount that City shall pay Contractor under this Contract is set forth in
the Contract — Contractor's proposal shall provide all work at the prices contained in
Contractor's Proposal that is incorporated herein by reference.
B. Contractor will bill the City, in a form acceptable to the City, on the following basis:
C. It shall be a condition precedent to payment of any invoice from Contractor that
Contractor is in compliance with, and not in breach or default of, all terms, covenants
and conditions of this Contract. If damages are sustained by City as a result of breach or
default by Contractor, City may withhold payment(s)to Contractor for the purpose of set
off until such time as the exact amount of damages due City from Contractor may be
determined.
D. It shall be a condition precedent to payment of any invoice from Contractor that
Contractor is in compliance with, and not in breach or default of, all terms, covenants
and conditions of this Contract. If damages are sustained by City as a result of breach or
default by Contractor, City may withhold payment(s) to Contractor for the purpose of set
off until such time as the exact amount of damages due City from Contractor may be
determined.
E. No request for payment will be processed unless the request is in proper form, correctly
computed, and is approved as payable under the terms of this Contract.
Sec.5.Notices. All notices required by this agreement shall be in writing sent to the following:
City:
General Services Department
Procurement Services Division
Cedric Rowan,Manager of Procurement Services
City Hall, I'Floor,Room 102W
414 E. 12th Street
Kansas City,MO 64106
Phone:(8 16)-513-0814 Facsimile: (816)-513-1066
E-mail address: cedric.rowan@kcmo.org
Contractor: Kone, Inc.
Contact: Ashley Brauer, Senior Sales Consultant
Address: 2700 BiState Drive, Suite 100
Kansas City, MO 64108
Phone: (816)-531-2140 (Ext. 10514) Facsimile:(816)-531-5523
E-mail address: ashley.brauer(c.kone.com
All notices are effective a) when delivered in person, b) upon confirmation of receipt when
transmitted by facsimile transmission or by electronic mail, c) upon receipt after dispatch by
registered or certified mail, postage prepaid, d) on the next business day if transmitted by overnight
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courier(with confirmation of delivery), or e)three business days after the date of mailing, whichever
is earlier.
Sec. 6. Merger. This Contract consists of Part I, Special Terms and Conditions and any
Attachments and any documents incorporated by reference; and Part II, Standard Terms and
Conditions. This Contract, including any Attachments and incorporated documents, constitutes the
entire agreement between City and Contractor with respect to this subject matter.
Sec. 7. Conflict Between Contract Parts. In the event of any conflict or ambiguity between the
Special Contract Terms and Conditions of Part I and the Standard Terms and Conditions of Part II
of this Contract, Part I will be controlling. For any participating public agency, Exhibit 4 will be the
controlling document and prevail over Part I and Part II of this Contract.
Sec. 8. Minority and Women's Business Enterprises. See Exhibit 1: City of Kansas City Special
Requirements
Sec. 9. Workforce. If Contractor is required to pay prevailing wages for the work performed
pursuant to this Contract, Contractor agrees to comply with all requirements of City's Construction
Employment Program as enacted in City's Code, Sections 3-501 through 3-525 and as hereinafter
amended. Contractor shall meet or exceed the construction employment goals unless the same shall
have been waived in the manner provided by law. Contractor's compliance with this provision is a
material part of this Contract.
Contractor shall comply with City's Workforce Program Reporting System requirements.
Contractor shall use City's Internet web based Workforce Program Reporting System provided by
City and protocols included in that software during the term of this Contract. Contractor shall
maintain user applications to City's provided system for all applicable personnel and shall require
subcontractors to maintain applications.
Sec. 10. Bonds and Surety. See Exhibit 1: City of Kansas City Special Requirements
Sec. 11. Subcontracting.
A. Contractor shall not employ or retain any Subcontractor, Supplier or other person or
organization, whether initially or as a substitute, against whom City has a reasonable
objection, including but not limited to debarment by City or another governmental entity
or decertification of the Subcontractor from the City's Minority and Women's Business
Enterprise Program as a result of the Subcontractor's failure to comply with any of the
requirements of the provisions of Chapter 3 of the City's Code as determined by the
Director of the Human Relations Department. Contractor shall insert this provision in
any subcontractor agreement associated with this Contract. Contractor shall not be
required to employ any Subcontractor, Supplier or other person or organization to
furnish or perform any of the Work against whom Contractor has reasonable objection.
B. Contractor shall submit required information for all Subcontractors on Form 01290.09-
Subcontractors and Major Material Suppliers List, provided in these Contract
Documents, prior to Subcontractor beginning Work at the Site.
C. Contractor shall be fully responsible to City for all acts and omissions of the
Subcontractors, Suppliers and other persons and organizations performing or furnishing
any of the Work under a direct or indirect contract with Contractor just as Contractor is
responsible for Contractor's own acts and omissions.
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D. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and organizations performing or furnishing
any of the Work under a direct or indirect contract with Contractor.
Sec. 12. Prevailing Wage.
A. Prevailing Wage.
1. Contractor shall comply and require its Subcontractors to comply with;
a. Sections 290.210 to 290.340, RSMo the State of Missouri Prevailing Wage Law
(the"Law"); and
b. 8 CSR 30-3.010 to 8 CSR 30-3.060, the Prevailing Wage Law Rules (the
"Rules"); and
c. the Annual Wage Order (Wage Order) issued by the State of Missouri's
Department of Labor and Industrial Relations;and
d. any applicable Annual Incremental Wage Increase (Wage Increase) to the
Annual Wage Order.
2. The Law, Rules, Wage Order and any Wage Increase are incorporated into and made
part hereof this Contract and shall be collectively referred to in this Section as the
"Prevailing Wage Requirements." In the event this Contract is renewed for an
additional term, the Wage Order in effect as of the commencement date of the
additional term, as amended by any applicable Wage Increase, shall be deemed
incorporated herein and shall apply to and remain in effect for the duration of the
additional term. The new Wage Order and any applicable Wage Increase shall
govern notwithstanding the fact that the Wage Order being replaced might be
physically attached to this Contract.
3. Contractor shall pay and require its Subcontractors to pay to all workers performing
work under this Contract not less than the prevailing hourly rate of wages for the
class or type of work performed by the worker in accordance with the Law, Rules,
Wage Order and any applicable Wage Increase. Contractor shall take whatever steps
are necessary to insure that the prevailing hourly wage rates are paid and that all
workers for Contractor and each of its Subcontractors are paid for the class or type of
work performed by the worker in accordance with the Prevailing Wage
Requirements.
4. Prior to each of its Subcontractors beginning Work on the Site, Contractor shall
require each Subcontractor to complete City's Form 00490 entitled "Pre-contract
Certification" that sets forth the Subcontractor's prevailing wage and tax compliance
history for the two (2) years prior to the bid. Contractor shall retain one (1) year and
make the Pre-contract Certifications available to City within five (5) days after
written request.
5. Contractor shall keep and require each of its Subcontractors engaged in the
construction of public works in performance of the Contract to keep full and accurate
records on City's:
a. Keep and require each of its Subcontractors engaged in the construction of public
works in performance of the Contract to keep full and accurate records on City's
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"Daily Labor Force Report" Form indicating the worker's name, occupational
title or classification group and skill and the workers' hours. City shall furnish
blank copies of the Daily Labor Force Report Form to Contractor for its use and
for distribution to Subcontractors. Contractor shall submit its and its
Subcontractors Daily Labor Force Reports to City each day,and
b. Submit, and require each of its Subcontractors engaged in the construction of
public works in performance of the Contract to submit, electronically, in a format
prescribed by the City, Certified Payroll Report Information indicating the
worker's name, address, social security number, occupation(s), craft(s) of every
worker employed in connection with the public work together with the number of
hours worked by each worker and the actual wages paid in connection with the
Project and other pertinent information as requested by the City;and
c. Submit, and require each of its Subcontractors engaged in the construction of
public works in performance of the Contract to submit, electronically, in format
prescribed by the City, a Payroll Certification. The Payroll Certification must be
signed by the employee or agent who pays or supervises the payment of the
workers employed under the Contract for the Contractor and each Subcontractor.
d. The Daily Labor Force Report, documents used to compile information for the
Certified Payroll Report, and Payroll Certification are collectively referred to in
this Section as the"Records."
6. Contractor shall make all of Contractor's and Subcontractors' Records open to
inspection by any authorized representatives of City and the Missouri Department of
Labor and Industrial Relations at any reasonable time and as often as they may be
necessary and such Records shall not be destroyed or removed from the State of
Missouri for a period of one(1) year following the completion of the public work in
connection with which the Records are made. Contractor shall have its and its
Subcontractors Certified Payroll Reports and Payroll Certifications available at the
Contractor's office and shall provide the Records to the City electronically at City's
sole discretion. In addition, all Records shall be considered a public record and
Contractor shall provide the Records to the City in the format required by the City
within three (3) working days of any request by City at the Contractor's cost. City,
in its sole discretion, may require Contractor to send any of the Records directly to
the person who requested the Record at Contractor's expense.
7. Contractor shall post and keep posted a clearly legible statement of all prevailing
hourly wage rates to be paid to all workers employed by Contractor and each of its
Subcontractors in the performance of this Contract in a prominent and easily
accessible place at the Site of the Work by all workers.
8. If the Contract Price exceeds $250,000.00, Contractor shall and shall require each
Subcontractor engaged in any construction of public works to have its name,
acceptable abbreviation or recognizable logo and the name of the city and state of the
mailing address of the principal office of the company, on each motor vehicle and
motorized self-propelled piece of equipment which is used in connection with the
Project during the time the Contractor or Subcontractor is engaged on the project.
The sign shall be legible from a distance of twenty (20') feet, but the size of the
lettering need not be larger than two (2") inches. In cases where equipment is leased
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or where affixing a legible sign to the equipment is impractical, the Contractor may
place a temporary stationary sign, with the information required pursuant to this
section, at the main entrance of the Project in place of affixing the required
information on the equipment so long as such sign is not in violation of any state or
federal statute, rule or regulation. Motor vehicles which are required to have similar
information affixed thereto pursuant to requirements of a regulatory agency of the
state or federal government are exempt from the provisions of this subsection.
9. Contractor must correct any errors in Contractor's or any Subcontractors' Records,
or Contractor's or any Subcontractors' violations of the Law, Rules, Annual Wage
Order and any Wage Increase within fourteen (14) calendar days after notice from
City.
10. Contractor shall and shall require its Subcontractors to cooperate with the City and
the Department of Labor and Industrial Relations in the enforcement of this Section,
the Law, Rules, Annual Wage Order and any Wage Increase. Contractor shall and
shall require its Subcontractors to permit City and the Department of Labor and
Industrial Relations to interview any and all workers during working hours on the
Project at Contractor's sole cost and expense.
11. Contractor shall file with City, upon completion of the Project and prior to final
payment therefore, affidavits from Contractor and each of its Subcontractors, stating
that each has fully complied with the provisions and requirements of the Missouri
Prevailing Wage Law. City shall not make final payment until the affidavits. in
proper form and order, from Contractor and each of its Subcontractors, are filed by
Contractor.
12. Contractor shall forfeit as a statutory penalty to the City one hundred dollars
(S 100.00) for each worker employed, for each calendar day, or portion thereof, such
worker is paid less than the prevailing hourly rates for any work done under this
Contract, by Contractor or by any of Contractor's Subcontractors. If Contractor or
any of its Subcontractors have violated any section(s) of 290.210 to 290.340, RSMo,
in the course of the execution of the Contract, City shall when making payments to
the Contractor becoming due under this Contract, withhold and retain therefrom all
sums and amounts due and owing as a result of any violation of sections 290.210 to
290.340,RSMo.
B. Prevailing Wage Damages. Contractor acknowledges and agrees that, based on the
experience of City, violations of the Missouri Prevailing Wage Act, whether by
Contractor or its Subcontractors, commonly result in additional costs to City. Contractor
agrees that additional costs to City for any particular violation are difficult to establish
and include but are not limited to: costs of construction delays, additional work for City,
additional interest expenses, investigations, and the cost of establishing and maintaining
a special division working under the City Manager to monitor prevailing wage
compliance.
1. In the event of the failure by Contractor or any of its Subcontractors to pay wages as
provided in the Missouri Prevailing Wage Act, City shall be entitled to deduct from
the Contract Price, and shall retain as liquidated damages, one hundred dollars
(S 100.00) per day, per worker who is paid less than the prevailing hourly rate of
wages, to approximate the additional costs. The sum shall be deducted, paid or owed
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whether or not the Contact Times have expired.
2. City shall give written notice to Contractor setting forth the workers who have been
underpaid, the amount of the statutory penalty and the amount of the liquidated
damages as provided for in this Subparagraph. Contractor shall have fourteen (14)
calendar days to respond, which time may be extended by City upon written request.
If Contractor fails to respond within the specified time, the City's original notice
shall be deemed final. If Contractor responds to City's notice, City will furnish
Contractor a final decision in writing within five (5) days of completing any
investigation.
C. Excessive Unemployment.
1. Resident Laborers" means laborers who have been residents of the State of Missouri
for at least thirty days and who intend to remain Missouri residents, and residents of
Nonrestrictive States.
2. "Nonrestrictive States" means states identified by the Missouri Department of Labor
and Industrial Relations Division of Labor Standards that have not enacted state laws
restricting Missouri laborers from working on public works projects. A list of
Nonrestrictive States can be found on the Division web site
at http://www.dolir.mo.gov/ls/index.htm.
3. A period of Excessive Unemployment is declared when the Missouri Department of
Labor and Industrial Relations Division of Labor Standards provides notice of such
declaration. When in effect, notice will be provided on the Division web site
at http://www.dolir.mo.gov/ls/index.htm. It is Contractor's obligation to determine
whether a period of Excessive Unemployment is in effect when this Contract is let.
4. Contractor agrees to follow the provisions of Section 290.560 - 290.575 RSMo and
agrees that if a period of Excessive Unemployment has been declared at any point
during the term of this Contract, it will employ and require all Subcontractors of
whatever tier to employ only Resident Laborers for the Work to be performed under
this Contract. Provided, however, Contractor may use laborers who are not Resident
Laborers when Resident Laborers are not available or are incapable of performing
the particular type of work involved if Contractor so certifies in writing to City and
City issues a written approval. This provision does not apply to regularly employed
nonresident executive, supervisory or technical employees.
Sec. 13. Attachments to Part I. The following documents are Attachments to Part I of this
Contract and are attached hereto and incorporated herein by this reference:
Attachment A—RFP EV2516
Attachment B—Proposer Response dated June 8, 2018
Attachment C - Clarification Questions and Answers
Attachment D - Scope of Services revised per Clarification Questions
Attachment E- Facility Repair and Maintenance Contract Part II
i. Exhibit 1: City of Kansas City Special Requirements
ii. Exhibit 2: City of Kansas City Pricing Schedule
iii. Exhibit 3: National Pricing Schedule
iv. Exhibit 4: Participating Public Agency Service Level Agreement
Attachment F—00620 Insurance Certificate
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THE BELOW FORMS ARE SPECIFIC TO THE CITY OF KANSAS CITY, MO
Attachment G—HRI) Forms & Instructions
00440 HRD 5: Construction Contract HRD Instructions
00450 HRD 8: Contractor Utilization Plan/Request for Waiver
00450.01 Letter of Intent to Subcontract
00460 HRD 10: Timetable for MBE/WBE Utilization
00470 HRD 11: Request for Modification or Substitution
00485 HRD Monthly Reporting Forms
Attachment H-Bonds
00610 Performance and Maintenance Bond
00615 Payment Bond
Attachment I—00830 Wage Rate Requirements
Annual Wage Order#25
County—Cass, Clay,Jackson, Platte or Ray
Work Type: State—Heavy
State—Building
Division of Labor Standards Rules &Regulations
01290.08 Wage Rate Verification Questionnaire
01290.09 Subcontractors and Major Material Suppliers List
01290.11 Daily Labor Force Report
01290.14 Contractor Affidavit for Final Payment
01290.15 Subcontractor Affidavit for Final Payment
Attachment J—00560 Missouri Project Exemption Certificate
00560.01 Kansas City Missouri Tax Exempt Certificate
Attachment K—00630 Revenue Clearance Release Authorization
Attachment L—00515.01 Employee Eligibility Verification Affidavit
Sec. 14. Missouri Sales Tax Exemption. Pursuant to Section 144.062, RSMo, City is a
Missouri exempt entity and tangible personal property to be incorporated or consumed in the
construction of this Project may be purchased without sales tax. City shall furnish Contractor a
Missouri Project Exemption Certificate for Sales Tax at the time of issuance of the Notice to
Proceed.
Sec. 15. Emergencies.
(a) Disaster means any large scale event such as an act of terrorism, fire, wind, flood,
earthquake or other natural or man-made calamity which results in, or has the potential
to result in a significant loss of life or property.
(b) During and after a disaster, CONTRACTOR shall provide special services to the CITY
including CONTRACTOR shall open CONTRACTOR's facilities even on nights and
weekends as necessary to meet the needs of the City during a disaster.
(c) CONTRACTOR shall not charge CITY any fee for opening facilities during an
emergence or for extending CONTRACTOR's hours of operation during a disaster.
CITY shall pay CONTRACTOR the agreed upon contract prices for all purchases
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made by CITY during the disaster and CONTRACTOR shall not charge CITY any
additional mark-up, fee or cost for any purchases made by CITY during a disaster.
(d) CONTRACTOR shall quickly mobilize CONTRACTOR's internal and external
resources to assist CITY when a disaster unfolds.
(e) Extended hours and personnel. During disasters, CONTRACTOR's facilities shall stay
open 24 hours if requested by the CITY. CONTRACTOR shall utilize additional
CON I1(ACTOR personnel to take CITY orders if necessary. CONTRACTOR's Call
Center shall accept phone orders 24 hours a day.
(f) CONTRACTOR shall have contingency plans with CONTRACTOR's suppliers to
provide additional supplies and equipment quickly to CITY as needed.
(g) CONTRACTOR shall cooperate with CITY to properly document any and all expenses
incurred by CITY with CONTRACTOR and CONTRACTOR shall assist CITY in
meeting any and all documentation requirements of the Federal Emergency
Management Agency(FEMA).
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THIS CONTRACT CONTAINS INDEMNIFICATION PROVISIONS
CONTRACTOR
I hereby certify that I have authority to execute
this document on behalf gf Contractor
Date: By.
ND\f ( 4 t oao i z
Title: •
5e4"1 l by- - t - SIG ►�
CITY,. SSOCRI
Date: / .I 4/z a l8 By:
- -
Title: Manager of Procurement Services
Approved az, / rm:V
A y ttomey
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