HomeMy WebLinkAboutOrd.4910.11-21-16 BILL NO. 16-193 ORDINANCE NO. 1910
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT #1 TO THE STATE BLOCK
GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS
AND TRANSPORTATION COMMISSION FOR AN
AIRCRAFT RESCUE AND FIRE-FIGHTING VEHICLE
FOR THE CAPE GIRARDEAU REGIONAL AIRPORT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS :
Article 1 . The City Manager is hereby authorized and
directed to execute, on behalf of the City, Amendment #1 to the
State Block Grant Agreement between the City of Cape Girardeau
and the Missouri Highways and Transportation Commission for the
acquisition of an aircraft rescue and fire-fighting vehicle at
the Cape Girardeau Regional Airport, Project #14-077A-2, and the
City Clerk is hereby authorized and directed to attest to said
document and to affix the seal of the City thereto. The
Agreement shall be in substantially the form attached hereto as
Exhibit A, which document is hereby approved by the City
Council, with such changes therein as shall be approved by the
officers of the City executing the same.
Article 2 . This Ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS ,2Jsj- day of rinywhpiu , 2016.
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�, ! s' , Harry E. Rediger, Mayor
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Gay L. Conrad, City Clerk
CCO Form: AC10-A
Approved: 05/94 (MLH) Sponsor: City of Cape Girardeau
Revised: 01/15 (MWH) Project No. 14-077A-2
Modified:
CFDA Number: CFDA #20.106
CFDA Title: Airport Improvement Program
Federal Agency: Federal Aviation Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
AMENDMENT TO STATE BLOCK GRANT AGREEMENT
AMENDMENT #1
THIS AGREEMENT AMENDMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau
(hereinafter, "Sponsor").
WITNESSETH:
WHEREAS, the parties entered into an Agreement executed by the parties on
June 10, 2015, (hereinafter, "Original Agreement") under which the Commission
granted the sum not to exceed Eleven Thousand Two Hundred Ninety-Six Dollars
($11,296) to the Sponsor to assist with Acquire Air Rescue Fire Fighting (ARFF)
Vehicle.
WHEREAS, the Commission previously approved funds for Acquire Air Rescue
Fire Fighting (ARFF) Vehicle; and
WHEREAS, the level of funding originally approved is not sufficient to cover the
costs associated with Acquire Air Rescue Fire Fighting (ARFF) Vehicle.
WHEREAS, the Commission has sufficient funds to increase the grant amount
for Acquire Air Rescue Fire Fighting (ARFF) Vehicle.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations in this Agreement, the parties agree as follows:
(1) ADDITIONAL GRANT: The Commission grants to the Sponsor an
additional sum not to exceed Three Hundred Thousand Three Hundred Eighty-Five
Dollars ($300,385) for Acquire Air Rescue Fire Fighting (ARFF) Vehicle subject to the
following conditions:
(A) The Sponsor shall provide matching funds of not less than Twenty-
Four Thousand Five Hundred Eighty-Two Dollars ($24,582) toward the project in
addition to those previously committed by the Sponsor in the Original Agreement.
(B) The project will be carried out in accordance with the assurances
(Exhibit 1) given by the Sponsor to the Commission as specified in the Original
Agreement.
(C) This Amendment shall expire and the Commission shall not be
obligated to pay any part of the costs of the project unless this grant amendment has
been executed by the Sponsor on or before December 15, 2016, or such subsequent
date as may be prescribed in writing by the Commission.
(D) Based upon the revised project schedule, the original project time
period of November 1, 2016, will be extended to May 1, 2018, to allow for completion of
the work. Paragraph (2) of the Original Agreement is hereby amended accordingly.
( E) All other terms and conditions of the Original Agreement entered
into between the parties shall remain in full force and effect.
(2) ADDITIONAL PROVISIONS: The following provisions are also applicable:
(A) Trafficking in Persons:
1. The prohibitions against trafficking in persons (hereinafter,
"Prohibitions") apply to any entity other than a State, local government, Indian tribe, or
foreign public entity. This includes private Sponsors, public Sponsor employees,
subrecipients of private or public Sponsors, and individuals covered by third party
contracts. Prohibitions include:
a. Engaging in severe forms of trafficking in persons
during the period of time that the agreement is in effect;
b. Procuring a commercial sex act during the period fo
time that the agreement is in effect; or
C. Using forced labor in the performance of the
agreement, including subcontracts or subagreements under the agreement.
2. In addition to all other remedies for noncompliance that are
available to the Federal Aviation Administration (hereinafter, "FAA"), Section 106(g) of
the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g)), allows
the FAA to unilaterally terminate this agreement, without penalty, if a private entity:
a. Is determined to have violated the Prohibitions; or
b. Has an employee who the FAA determines has
violated the Prohibitions through conduct that is either:
i. Associated with performance under this
agreement; or
2
ii. Imputed to the Sponsor or subrecipient using 2
CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement)," as implemented by the FAA at 49 CFR Part 29.
(B) Suspension and Debarment: Sponsors entering into "covered
transactions", as defined by 2 CFR § 180.200, must:
1. Verify the non-federal entity is eligible to participate in this
Federal program by:
a. Checking the excluded parties list system (EPLS) as
maintained within the System for Award Management (SAM) to determine if non-federal
entity is excluded or disqualified; or
b. Collecting a certification statement from the non-
federal entity attesting they are not excluded or disqualified from participating; or
C. Adding a clause or condition to covered transactions
attesting individual or firm are not excluded or disqualified from participating; and
2. Require prime contractors to comply with 2 CFR § 180.330
when entering into lower-tier transactions (e.g. subcontracts).
(C) System for Award Management Registration and Universal
Identifier:
1. Requirement for System for Award Management
(hereinafter, "SAM"): Unless the Sponsor is exempted from this requirement under 2
CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until
the Commission submits the final financial report required under this grant, or receives
the final payment, whichever is later. This requires that the Commission review and
update the information at least annually after the initial registration and more frequently
if requied by changes in information or another award term. Additional iformation about
registration procedures may be found at the SAM website (currently at
Lg2.,//www.sam.gov).
2. Requirement for Data Universal Numbering System
(hereinafter, "DUNS") Numbers:
a. The Sponsor that it cannot receive a subgrant unless
it has provided its DUNS number to the Commission.
b. The Commission may not make a subgrant to the
Sponsor unless it has provided its DUNS number to the Commission.
C. Data Universal Numbering System: DUNS number
3
means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D &
B) to uniquely identify business entities. A DUNS number may be obtained from D & B
by telephone (currently 866-608-8220) or on the web (currently at
httplifedoovidnb/com/webform).
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below:
Executed by the Sponsor this day of , 20_
Executed by the Commission this day of , 20_
MISSOURI HIGHWAYS AND 2
TRANSPORTATION COMMISSION CITY OF CA' ' GIRARDEAU
Title Title se&„t
Byi
Secretary to the Commission �l �/ /
Title, /)q ' �./fr
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Approved as to Form: Approved as to Form:
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Commission Counsel &
Title CITY ATTORNEY Q ( I�
Ordinance No. — 1 I Iw
(if applicable)
4
CERTIFICATE OF SPONSOR'S ATTORNEY
I, %j,_ RIC CUNNINGHAM , acting as attorney for the Sponsor do
hereby certify that in my opinion the Sponsor is empowered to enter into the foregoing
grant Agreement under the laws of the State of Missouri. Further, I have examined the
foregoing grant Agreement and the actions taken by said Sponsor and Sponsor's official
representative have been duly authorized and that the execution thereof is in all
respects due and proper and in accordance with the laws of the said state and the
Airport and Airway Improvement Act of 1982, as amended. In addition, for grants
involving projects to be carried out on property not owned by the Sponsor, there are no
legal impediments that will prevent full performance by the Sponsor. Further, it is my
opinion that the said grant constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
CITY OF CAPE GIRARDEAU
W. ERIC CUNNINGHAM
Lttorny
Sponsor's Attorney (typed)
Date
5
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1
FORM OF
CONTRACT AGREEMENT
City of Cape Girardeau
State Block Grant Project No. 14-077A-2
THIS AGREEMENT, made as of this I t tt"- day of tsaiudfwrher" , 20 11/40 , is
BY AND BETWEEN
the OWNER: Name: City of Cape Girardeau, MO
Address: Office of Purchasing Agent for the City of
Cape Girardeau, City Hall, 401 Independence
Street
City/State/Zip Code: Cape Girardeau, MO 63703
AndROSENBAUERMINNESOTA Name: pr,scn] a„er Minnesota, LI('
Address: 5181 260th Street
City/State/Zip Code: Wyoming, MN 55092
WITNESSETH:
WHEREAS it is the intent of the Owner to make improvements at City of Cape Girardeau generally described
as follows;
One Index A, Class III ARFF Vehicle including items added by the City post bid proposal
hereinafter referred to as the Project.
NOW THEREFORE in consideration of the mutual covenants hereinafter set forth,OWNER and CONTRACTOR
agree as follows:
Article 1 —Work
It is hereby mutually agreed that for and in consideration of the payments as provided for herein to the
CONTRACTOR by the OWNER, CONTRACTOR shall faithfully furnish all necessary labor,equipment,
and material and shall fully perform all necessary work to complete the Project in strict accordance with
this Contract Agreement and the Contract Documents.
Article 2—Contract Documents
CONTRACTOR agrees that the Contract Documents consist of the following: this Agreement, General
Provisions, Supplementary Provisions, Specifications, Drawings, all issued addenda, Notice-to-
Bidders, Instructions-to-Bidders, Proposal and associated attachments, Performance Bond, Payment
Bond, Wage Rate Determinations, Insurance certificates, documents incorporated by reference,
documents incorporated by attachment, and all OWNER authorized change orders issued subsequent
to the date of this agreement. All documents comprising the Contract Documents are complementary
to one another and together establish the complete terms, conditions and obligations of the
Page 1 of 4
CONTRACTOR. All said Contract Documents are incorporated by reference into the Contract
Agreement as if fully rewritten herein or attached thereto.
The City of Cape Girardeau hereby adds the following items to the ARFF vehicle proposed by
Rosenbauer in their proposal, attached, and incorporates and binds these items into the terms of the
contract documents: 1.Addition of 6KW hydraulic generator mounted on the vehicle; 2.Addition of two
(2) 120 volt receptacles mounted on the exterior of ARFF vehicle body; 3. Revise the as-bid 12 volt
telescoping lights to 120 volt(AC) lights tied to the generator and 4. Modification of the tank capacities
of the ARFF vehicle offered in Rosenbauer's Proposal package to increased capacities of 750 gallon
water tank, 90 gallon foam tank and heavier GVW axles.
Article 3—Contract Price
In consideration of the faithful performance and completion of the Work by the CONTRACTOR in
accordance with the Contract Documents, OWNER shall pay the CONTRACTOR an amount equal to:
Base Bid offered by Rosenbauer—see attached proposal package (21 pages): $324,967.00
Added items added by Rosenbauer as requested by City of Cape Girardeau:
6 KW Hydraulic Generator $11,450.00
Two(2) 120 volt receptacles mounted on the exterior of the ARFF body $460.00
Revise 12-volt telescoping lights specified in the bid package to 120 volt $330.00
lights tied to the generator
Increase water tank capacity of 750 gallons, foam tank of 90 gallons $7,900.00
and heavier GVW axles
Total $20.140.00
Total Contract Amount $345,107.00
(Amount in Numerals)
Three hundred forty-five thousand, one hundred and seven dollars and no cents
(Amount in Written Words)
subject to the following;
a. Said amount is based on the schedule of prices and estimated quantities stated in
CONTRACTOR'S Bid Proposal, which is attached to and made a part of this Agreement;
b. Said amount is the aggregate sum of the result of the CONTRACTOR'S stated unit prices
multiplied by the associated estimated quantities;
Article 4—Payment
Upon the completion of the work and its acceptance by the OWNER, all sums due the CONTRACTOR
by reason of faithful performance of the work,taking into consideration additions to or deductions from
the Contract price by reason of alterations or modifications of the original Contract, will be paid to the
CONTRACTOR by the OWNER after said completion and acceptance.
The acceptance of final payment by the CONTRACTOR shall be considered as a release in full of all
claims against the OWNER,arising out of, or by reason of,the work completed and materials furnished
under this Contract.
OWNER shall make progress payments to the CONTRACTOR in accordance with the terms set forth
in the General Terms and Conditions.
Page 2 of 4
Article 5—Contract Time
The undersigned acknowledges and agrees to deliver the completed ARFF vehicle,ready for use within
Three Hundred and Sixty-Five (365)calendar days of the date on the written"Notice-to-Proceed" or
the issuance date of the purchase order as issued by the City of Cape Girardeau.
It is expressly understood and agreed that the stated Contract Time is reasonable for the completion
of the Work, taking all factors into consideration. Furthermore, extensions of the Contract Time may
only be permitted by execution of a formal modification to this Contract Agreement in accordance with
the General Terms and Conditions and as approved by the OWNER.
Article 6—Liquidated Damages
The CONTRACTOR and OWNER understand and agree that time is of essence for delivery of the
ARFF vehicle and that the OWNER will suffer additional expense and financial loss if said ARFF vehicle
is not completed and delivered within the authorized Contract Time. Furthermore, the CONTRACTOR
and OWNER recognize and understand the difficulty, delay, and expense in establishing the exact
amount of actual financial loss and additional expense. Accordingly, in place of requiring such proof,
the CONTRACTOR expressly agrees to pay the OWNER as liquidated damages the non-penal sum of
One Hundred and Fifty ($150) dollars per calendar day for each Calendar day the vehicle remains
undelivered or not ready for use beyond the 365-calendar day contract time of performance.
Furthermore,the CONTRACTOR understands and agrees that;
a. the OWNER has the right to deduct from any moneys due the CONTRACTOR, the amount of
said liquidated damages;
b. the OWNER has the right to recover the amount of said liquidated damages from the
CONTRACTOR, SURETY or both.
Article 7— CONTRACTOR'S Representations
The CONTRACTOR understands and agrees that all representations made by the CONTRACTOR
within the Proposal shall apply under this Agreement as if fully rewritten herein.
Article 8—CONTRACTOR'S Certifications
The CONTRACTOR understands and agrees that all certifications made by the CONTRACTOR within
the Proposal shall apply under this Agreement as if fully rewritten herein.
Article 9—Miscellaneous
a. CONTRACTOR understands that it shall be solely responsible for the means, methods,
techniques, sequences and procedures of manufacturer in connection with completion of
the Project Work;
b. CONTRACTOR understands and agrees that it shall not accomplish any work or furnish
any materials that are not covered or authorized by the Contract Documents unless
authorized in writing by the OWNER or ENGINEER;
c. The rights of each party under this Agreement shall not be assigned or transferred to any
other person, entity, firm or corporation without prior written consent of both parties;
Page 3 of 4
d. OWNER and CONTRACTOR each bind itself, their partners, successors, assigns and
legal representatives to the other party in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
Article 10—OWNER'S Representative
The OWNER'S Representative, herein referred to as ENGINEER, is defined as follows:
Crawford, Murphy&Tilly, Inc.
One S. Memorial Drive, Suite 500
St Louis, MO 63102
Said ENGINEER will act as the OWNER'S representative and shall assume all rights and authority
assigned to the ENGINEER as stated within the Contract Documents in connection with the completion
of the Project Work.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have executed four (4) copies of this
Agreement on the day and year first noted herein.
OWNER CONTRACTOR(ROSENBAUER MINNESOTA, LLC
Names:thl , U/.Pr Name: .T StavRn Reedy
Address: 4i_ .I. .,: A_ • Address: 5181 760th Street
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