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HomeMy Public PortalAboutORD15182BILL NO. 2013-82 SPONSORED BY COUNCILMAN ---=S=cc:....:.riv..:..:.n=e'"'-r __ ORDINANCE NO . __ _._/"""""$---'(--'~::........:..../--___ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH MIDSTATE PIPELINE MAINTENANCE, LLC , TO CONSTRUCT THE ALGOA REGIONAL TREATMENT FACILITY DISINFECTION SYSTEM . WHEREAS, Midstate Pipeline Maintenance, LLC , has provided the lowest and best b id to complete the work needed to facilitate the Algoa Regional Treatme nt Facility Disinfection project. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AS FOLLOWS: Section 1. The Mayor is hereby authorized to execute a contract with Midstate Pipeline Maintenance, LLC , for the construction of the Algoa Regional Treatment Facility Disinfection System . Section 2 . The contract shall be substantially the same in form and content attached hereto as Exhibit A. Section 3 . This Ordinance shall be in full force and effect from and after the dat e of its passage and approval. Passed : {!d: 1-:-:11 J !)J 5 Approved : __ -'-/--t1f j<....;.~_.l-11£t....L...J?'---- Presiding Officer Mayor ATIEST: APPROVED AS TO FORM : elf:.~ FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2702-Project 31111 -Algoa Regional Treatment Facility, Contract B, Disinfection System -Public Works, Wastewater Opened October 1, 2013 BIDS RECEIVED : Midstate Pipeline Maintenance, LLC , Belle , MO Huey Construction Co ., Fulton , MO JC Industries , Inc., Jefferson City, MO lrvinbilt Constructors , Inc., Chillicothe , MO $341 ,953.00 $418,622 .00 $456,753 .00 $554 ,853.00 The project was advertised in News Tribune, posted on the city web site and sent to seven plan houses. Thirteen vendors requested plans . FISCAL NOTE : 64-990-579873 Algoa Facility-Disinfection System 2013 Budget $341 ,953.00 Bid 2702 $341 .953.00 Balance -0- PAST PERFORMANCE: This vendor has completed projects as specified and bid in the past. RECOMMENDATION : Staff recommends award of the bid to the lowest and best bid meeting specifications , Midstate Pipeline Maintenance LL C of Belle, Missouri in the amou nt of $341 ,953 .00 . ATTACHMENTS-SUPPORTING DOCUMENTATION Signature ~~ ~~~ Pur a f . g Agent Interim Public Works Director City of Jefferson Eric J. Struemph, Mayor Department of Public Works 320 E. McCarty St. Matthew J. Morasch, P .E., Interim Director Phone: 573-634-6410 Jefferson City, MD 65101 Fax: 573-634-6562 Date: October 1, 2013 To: Through: From: Re: Terry Stephenson -Purchasing Agent, Finance Matt Morasch, P .E., Interim Director of Public Works Eric Seaman, P.E.-Wastewater Division Director fJ{j Algoa Regional Treatment Facility Disinfection System Project No. 31111 Wastewater Division has completed a review of the bids opened at 1 :30PM on October 1, 2013 for the above noted project. As part of the review all the bids were tabulated to check for math errors and to compare unit price quotes of the various contractors . Attached to this memo is the tabulation of the four (4) bids that were received for the project. Based on our review, we recommend acceptance of the bid from the low bidder, Mid state Pipeline Maintenance LLC for a total contract cost of $341 ,953 . The project will be expensed as follows after budget transfer(s): Midstate Pipeline Maintenance-Construction Contract ($341,953): Account Number: 64-990-579873 Amount Available: $341,953 Required: $341,953 Total $341 ,953 If you need any other information please contact me at extension 6443 . Attachments: Bid Tabulation Sheet Original Bid Submittals cc : Project File Remaining: $0 F:\CITY -PROJECTS\31111 -Algoa Regional Treatment Facility Upgredes\Contract 8 -Disinfection \memo to purchasing -low bid.docm Page 1 Date: Oct. 1, '13 Bid No. 2702 ITEM NO. 1 2 3 4 5 6 7 8 9 10 11 DESCRIPTION BASE BID: uv Unit as shown In Item 1 below, complete and delivered to th project site, including commissioning for equplment and spare parts Earthwork: include equipment and labor for berm excavation for building foundation and discharge pi ping. Building enclosure : includes materials, equipment and labor for foundation, floor, building walls, exterior and roof, and fabricated metal stairs Piping: includes material, equipment and labor for piping, fittings and magmeter (excludes excavation) Electrical components: includes material, equipment and labor for placig boxes, panels, conduits, cables and all appurtenances (excludes cost f UV unit and SCADA panel as noted in specifications: conduit and cable shown below) 3/4" conduit and fiber optic cables 5" conduit and 3 strands of power cable , THHN 1/0AWG Pull Box Water Line: includes material, equipment and labor for valves and fittings and all appurtenances 1" PVC Pipe Landscaping: includes labor, materials and equipment to grade, mulch, fertilize and seed all disturbed areas and to repair all drives and asphalt surfaces TOTAL B ASE BID %OVER/UND ER ENGI NEER'S EST. TOTAL CONTRACT WITH ACCEPTED A LTERNATES UNIT LS LS LS LS LS LF LF EACH LS LF LS CITY OF JEFFERSON BID TABULATION Algoa Reglnal Treament Facility Upgrade -Contract B = Dl slnfectJon System P ROJECT NO. 31111 Midstate Pipeline ENGINEER'S ESTIMATE Maintenance, LLC Huey Construct ion Company APPRO X. QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 $168,173.00 $168 ,173.00 $168,173.00 $168 ,173.00 $168,173.00 $168,173.00 1 $38,383.66 $38,383 66 $5,500.00 $5.500.00 $5,500.00 $5,500.00 1 $15,348 .20 $15,348 .20 $75,000.00 $75,000.00 $153,369.00 $153,369.00 1 $26,261 .62 $26.261 .62 $25,000.00 $25,000.00 $39,000.00 $39,000.00 1 $27,261.66 $27,261 .66 $35,000.00 $35,000.00 $26,000.00 $26,000.00 920 $6.81 $6,265.20 $4.00 $3,680.00 $4 .00 $3,680.00 900 $21 .16 $19,044.00 $19.00 $17 ,100.00 $14 .00 $12,600.00 3 $590.83 $1 ,772.49 $1 ,100.00 $3,300.00 $900.00 $2,700.00 1 $9,186.63 $9,186.63 $2,200.00 $2,200 .00 $2,800.00 $2,800.00 900 $14 .29 $12.861 .00 $400 $3,600.00 $4.00 $3,600.00 1 $5,442 .34 $5,442 .34 $3,400.00 $3,400.00 $1 ,200.00 $1 ,200.00 $329,999 ,80 $341 ,953.00 $418,622.00 3.6% 26.9% $329,999.80 $341 ,953.00 $418 ,622.00 '" JC Industries, Inc. lrvinbilt Constructors, Inc. UNIT PRICE AMOUNT UNIT PRICE AMOUNT $168 ,173.00 $168,1 73.00 $168,173.00 $168,173.00 $81 ,000.00 $81 ,00000 $55,000.00 $55,000.00 $92,600.00 $92,600.00 $177,000.00 $177,000.00 $33,000.00 $33,000.00 $40,000.00 $40,000.00 $36,500.00 $36,500.00 $43,000.00 $43,000.00 $4.00 $3,680.00 $9.00 $8,280.00 $16.00 $14,400.00 $35.00 $31 ,500.00 $1 ,000.00 $3,000.00 $1,600.00 $4 ,800.00 $10,000.00 $10,000.00 $3,500 .00 $3,500.00 $12.00 $10,800.00 $4.00 $3,600.00 $3,600.00 $3,600.00 $20,000.00 $20,000.00 $456,753.00 $554,853.00 38.4% 68.1 % $456,753 .00 $554,853.00 CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT made and entered into this _:iL_ day of ~ , 2013 , by and between Mid-State Pipeline Maintenance, LLC heremafter referred to as "Contractor", and the City of Jefferson , Missouri , a municipal corporation of the State of Missouri, hereinafter referred to as "City". WITNESSETH : That Whereas , the Contractor has become the lowest responsib le bidder for furnishing the supervision , labor, tools , equipment, materials and suppl ies and for constructing the following City improvements : Project No. 31111, Algoa Regional Treatment Facitlity Upgrade -Contract B = Disinfection System. NOW THEREFORE , the parties to this contract agree to the following : 1. Scope of Services. Contractor agrees to provide all labor, equipment, hardwa re and supplies to perform the work included in the project entitled "Algoa Regional Treatment Facitlity Upgrade -Contract B = Disinfection System" in accordance with the plans and specifications on file with the Department of Public Works . 2 . Manner and time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools , equipment, materials and supplies necessary to perform said work at Contractor's own expense in accordance with the contract documents and any app licable City ordinances and state and federal laws, within 120 calendar days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten (1 0) 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 the current Annual Wage Order No. 20, Section 026, Cole County rates as set forth . The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be del ivered to the Purchas ing Agent of the Jefferson C ity Finance Department each week. In accordance with Section 290 .250 RSMo, Contractor sha ll forfeit to the City One Hundred Dollars ($1 00 .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 the 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 c laims 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 sing le 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-The Contractor shall a lso obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Po licy naming the City of Jefferson as the insured , in an amount not less than $2,000 ,000 for all cla ims 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 b lasting , explosion or collapse . (e) Subcontracts-In case any or all of this work is sub let, the 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 insu rance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the 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 pub lic liabi lity 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 ind i rectly employed by the 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 ind irectly 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 Five Hundred Dollars ($500.00) from any amount otherwise due under this contract for every day the 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 liqu idated 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 payme!1t to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 8 . City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 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 und e r any other prov is ions of the contract, c ity ordinances , and state and federal laws . 9 . Indemnity. To the fullest extent permitted by law, the Contractor will i ndemnify and hold harmless the City , its elected and appointed officials , emp loyees , and agents f rom and against any and all claims , damages, losses , and expenses including attorneys' fees arising out of or resulting from the performance of th e work, provided that any such claim , damage, loss or ex pense (1) is attributable to bodily i njury, s ickness , 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 ind irectly 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 indemn ified hereunder. Such obl igation 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. The 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 . The 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 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be subm itted to the City. 12 . Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to th e payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated Tuesday, October 1, 2013, 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 Three Hundred Forty-one Thousand Nine Hundred Fifty-three Dollars ($341,953 .00). 13 . Performance and Materialman's Bonds Required. Contractor shall provide a bond to the City before work is commenced , and no later than ten (1 0) 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 co ntract, said bond to be in a form approved by the City, and to be given by such company or c ompan ies 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 cond it ions in making its b id herein . 15. Severability. If any section , subsection, sentence, or clause of this Contract shall be adjudged illegal , invalid , or unenforceable, such i llegality, invalidity, or unenforceability sha ll 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 here by c onsents to such courts exercise of jurisdiction . In any successful action by the C ity to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action . 17 . Contract Documents. The contract documents shall consist of the following : a . This Contract f . General Provisions b . Addenda g . Speci al Provis ions c . Information for Bidders h. Technica l Specifications d . Notice to Bidders i. Drawing and/or Sketches e . Signed Copy of Bid This contract and the other documents enumerated in this pa ragraph , 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, Merger. Parties agree that this document including those documents described in the section entitled "Contract Documents" represent the full and comp lete understanding of the parties . This contact includes only those goods and services specif ically set out. This contract supersedes all prior contracts and understand i ngs between the Contractor and the City . 19. 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 attorney's fees, expenses and costs. 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 relinquishment 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. 24. lllegallmmigration. Prior to commencement of the work: A. Contractor shall, by sworn affidavit and provision of documentation , affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. B. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services Contractor agrees in the performance. C . If contractor is a sole proprietorship , partnership , or limited partnership , contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed . 25. OSHA Training Prior to commencement of the work : A. Contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program . B . All employees subject to this provision are required to complete the program within sixty days of beginning work on such construction project. C . Any employee , agent or subcontractor of the Contractor subject to this provision found on the worksite without documentation of the successful completion of the course shall be afforded twenty days to produce such documentation after which time they shall be removed from the project. D. If Contractor fails the provisions of subsection A , B, or C , the Contractor shall forfeit as a penalty two thousand five hundred dollars plus an additional one hundred dollars for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training . The penalty shall not begin to accrue until the time period in subsections B or C , whichever is applicable, of this section have elapsed. E. The City shall withhold and retain from any amount due under the contract, all sums and amounts due and owing as a result of any violation of this section when making payments to the contractor under the contract. The contractor may withhold from any subcontractor, sufficient sums to cover any penalties the City has withheld from the contractor resulting from the subcontractor's failure to comply with the terms of this section . 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 a penalty 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 , Department of Public Works , 320 East McCarty, Jefferson City , Missouri , 65101 , and Contractor at 709 Belair Street, Belle, MO 65013 . The date of delivery of any notice shall be the second full day after the day of its mailing . IN WITNESS W~OF, the parties hereto have set their hands and seals this ~\ dayof . ,2013. CITY OF JEFFERSON CONTRACTOR Mid-Stat& Pipeline Maintenance, LLC Mayor £)~ ATTEST: ATTE ~(J~ Title : ~I'Aij-~ APPROVED AS TO FORM : ~!It~ City Counselor