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HomeMy Public PortalAboutORD15546 BILL NO. 2016-23 SPONSORED BY COUNCILMAN Henry ORDINANCE NO. /551)- AN 5AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $1,116,588.93 AGREEMENT WITH MERA EXCAVATING, LLC, FOR THE HAYSELTON PUMP STATION, FORCEMAIN AND GRAVITY SEWER— CONTRACT A. WHEREAS, MERA Excavating, LLC, has become the apparent best bidder on the Hayselton Pump Station, Forcemain and Gravity Sewer — Contract A project. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of MERA Excavating, LLC, is declared to be the best bid and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a $1,116,588.93 agreement with MERA Excavating, LLC, for the construction of the Hayselton Pump Station, Forcemain and Gravity Sewer— Contract A. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Lit�vt�� _ r� 2/2 /4 Approved: cf2ol fo aelAkce: 04/04.; Presiding Mayor Ma or Carrie Ter9 in biliat4r1 ATTEST: APPROVED A =TO FORM: City Clerk - ; Counselor FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2865 - Project 31077 Hayselton Pump Station Forcemain and Gravity Sewer (Contract A) and East Circle Sewer Replacement (Contract B) Public Works, Wastewater— Opened July 12, 2016 RECOMMENDATION: Staff recommends award of the bid for Contract A to MERA Excavating of Bonnots Mill, Missouri in the amount of$1,116,588.93. Staff recommends award of the bid for Contract B to Aplex, Inc. of Linn, Missouri in the amount of$321,087.00. BIDS RECEIVED: Contract A MERA Excavating, LLC, Bonnots Mill, MO $1,116,588.93 Hutchins Telecom, LLC, Shepherdsville, KY $1,158,728.00 Twehous Excavating Co., Jefferson City, MO $1,336,800.00 Lambke Trenching & Excavating, Inc. Marthasville, MO $1,539,622.50 Mid-State Pipeline Maint. LLC, Belle, MO $1,565,872.00 Lehman Construction, LLC, California, MO $1,624,221.80 Contract B Aplex, Inc., Linn, MO $ 321,087.00 Mid-State Pipeline Maint. LLC, Belle, MO $ 407,584.00 M&M Landscaping & Construction LLC, Eugene, MO $ 451,789.00 Twehous Excavating Co., Jefferson City, MO $ 452,179.00 Lambke Trenching & Excavating, Inc. Marthasville, MO $ 510,858.50 Lehman Construction, LLC, Caliornia, MO $ 534,916.00 The bid was advertised in News Tribune, posted on the city web site. FISCAL NOTE: 64-987-579256 Hayselton Pump Station Wastewater Fund 2015-16 Budget $2,300,000.00 Expensed , 1,000.00 Bid 2865 (A) $1,116.588.93 Bid 2865 (B) $ 321,087.00 Balance $ 861,324.07 PAST PERFORMANCE: The City has awarded bids to these vendors in the past and they have completed projects as specified and bid. ATTACHMENTS - SUPPORTING DOCUMENTATION I► l/ ' / 1r� /L4 Signature Pur asi•• Agent /rector of Public)orks ®'4styorI�4. .......tv,,i,„,c„,0,,,, , -..,.,,:.: _. E , w ii 4/0 i ' Department of Public Works Memorandum 320 E. McCarty Street•Jefferson City, Missouri 65101 • P 573-634-6410• F 573-634-6562•www.jeffcitymo.orq Date: July 12, 2016 To: Terry Stephenson, Purchasing Director, Finance From: David Bange, City Engineer DO Subject: Hayselton Pump Station, FOrcemain, and Gravity Sewer(Contract A) East Circle Sanitary Sewer Main Replacement(Contract B) Project No. 31077 Bid No. 2865 Public Works has completed a review of the bids opened at 1:30 P.M. on July 12, 2016 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. It was determined that the base bid would be accepted. Attached to this memo is the tabulation of the bids that were received for the project, as well as a listing of the registered plan holders. Based on our review, we recommend acceptance of the low bidders for each contract: Contract A— MERA Excavating, LLC, 24 Scenic Acres Lane, Bonnots Mill MO 65016. Contact B—Aplex. Inc., 1309 B East Main St., Linn MO 65051. The total amount of the contract swill be $1.437, 570.93. The project will be expensed as follows: MERA Excavating, LLC ($1,116,588.93): Account Number: Amount Available: Required: Remaining: 64-987-579256 $2,299,000.00 $1,116,588.93 $1,182,411.07 Aplex, Inc. ($321,087): Account Number: Amount Available: Required: Remaining: 64-987-579256 $1,182,411.07 $321,087 $861,324.07 If you need any other information please feel free to contact me at extension 6433. DB:db Attachments: Bid Tabulation Sheet, Plan Holders List Q , Page 1 CITY OF JEFFERSON • Date:12/07/2016 BID TABULATION Bid No. HAYSELTON PUMP STATION,FORCE MAIN AND GRAVITY SEWER PROJECT NO.-31077 ENGINEER'S ESTIMATE Mera Excavating,LLC Hutchins Telecom Twehous Excavating Company APPROX. UNIT ITEM NO. DESCRIPTION UNIT QUANTITY .PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A-1 Complete Pump Station LS 1 $0.00.$810,494.17 $810,494.17 $772,500:00 $772,500.00 $850,000.00 $850,000.00 A-2 Rock Excavation CY 500 $0.00, $95.00 $47,500.00 $122.00 $61,000.00 $130.00 $65,000.00 A-3 12-Inch PVC gravity sewer LF 2200 $0.00 $37.12 $81,664.00 $92.00 $202,400.00 $70.00 $154,000.00 A-4 8-inch PVC gravity sewer LF •99 $0.00, $37.00 $3,663.00 $75.00 $7,425.00 $280.00 $27,720.00 A-5 48-inch precast concrete sanitary manholes VF 65.2 $0.00 $1,256.34 $81,913.37 $500.00 $32,600.00 $600.00 $39,120.00 A-6 48-inch precast concrete sanitary manholes EA 3 $0.00 $2,500.00 $7,500.00 $6,500.00 $19,500.00 $1,700.00 $5,100.00 with drop connections A-7 6-inch DR18 forcemain LF. 738 $0.00 $58.61 $43,254.18 $43.00 $31,734.00 $153.00 $112,914.00 A-8 6-inch DR18 forcemain Restrained Joint LF 619 $0.00 $65.59 $40,600.21 $51.00 $31,569.00 • $134.00 $82,946.00 TOTAL BASE BID $0.00 $1,116,588.93 $1,158,728.00 $1,336,800.00 %OVER/UNDER ENGINEER'S EST. #DIV/01 #DIV/0! #DIV/0! a Page 2CITY OF JEFFERSON • • Date:12/07/2016 BID TABULATION Bid No. HAYSELTON PUMP STATION,FORCE MAIN AND GRAVITY SEWER PROJECT NO.31077 Lamke Trenching and Mid-State Pipeline Maintenance Excavating inc. LLC Lehman Construction,LLC APPROX. UNIT ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PRICE AMOUNT • A-1 Complete Pump Station LS 1 $1,165,514.50 $1,165,514.50 $1,020,000.00 $1,020,000.00 $1,278,000.00 $1,278,000.00 A-2 Rock Excavation CY 500 $200.00 $100,000.00 $333.00 $166,500.00 $125.00 $62,500.00 A-3 12-Inch PVC gravity sewer LF 2200 $44.00 $96,800.00 $81.00 $178,200.00 $61.00 $134,200.00 A-4 8-inch PVC gravity sewer LF 99 $107.50 $10,642.50 $74.00 $7,326.00 $90.00 $8,910.00 A-5 48-inch precast concrete sanitary manholes VF 65.2 $553.00 $36,055.60 $580.00 $37,816.00 $684.00 $44,596.80 A-6 48-inch precast concrete sanitary manholes with EA 3 $7,786.00 $23,358.00 $4,285.00 $12,855.00 $$,000.00 $9,000.00 drop connections A-7 6-inch DR18 forcemain LF 738 $76.55 $56,493.90 $116.00 $85,608.00 $55.00 $40,590.00 • A-8 6-inch DR18 forcemain Restrained Joint LF 619 $82.00 $50,758.00 $93.00 $57,567.00 $75.00 $46,425,00 TOTAL BASE BID $1,539,622.50 $1,565,872.00 $1,624,221.80 OVER/UNDER ENGINEER'S EST. #DIV/01 #DIV/0! #DIV/O! 1 ALTERNATE A- Deduct A Deduct price for combined bid if bidder is LS -1 awarded both Contract A and Contract B TOTAL ALTERNATE A 1 Alternate A-Accepted TOTAL CONTRACT WITH ACCEPTED ALTERNATES $1,539,622.50 $1,565,872.00 $1,624,221.80 r • • gage 1 CITY OF JEFFERSON Date:12/07/2016 BID TABULATION Bid No. EAST CIRCLE GRAVITY SEWER REPLACEMENT PROJECT NO.31077 ' Mid-State Pipeline M&M Landscaping and Marty ENGINEER'S ESTIMATE Aplex,Inc. Maintenance LLC Construction LLC APPROX. UNIT UNIT UNIT UNIT ITEM NO. DESCRIPTION UNIT QUANTIYY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT B-1 Traffic Control LS 1 $0.00 $5,500.00 $5,500.00 $8,500.00 $8,500.00 $10,000.00 $10,000.00 B-2 Concrete Sidewalk Replacement SY 30 $0.00 $55.00 $1,650.00 $100.00 $3,000.00 $67.00 $2,010.00 B-3 Concrete Driveway Replacement 100 East SY 85 $0.00 $75.00 $6,375.00 $70.00 $5,950.00 $93.00 $7,905.00 Circle B-4 •Concrete Drive Approach replacement SY 270 $0.00 $75.00 $20,250.00 $70.00 $18,900.00 $93.00 $25,110.00 . B-5 Curb and Gutter Replacement LF 250 $0.00 $40.00 $10,000.00 $50.00 $12,500.00 $77.00 $19,250.00 B-6 Concrete Roadway replacement SY 800 $0.00 $75.00 $60,000.00 $72.00 $57,600.00 $128.00 $102,400.00 • B-7 Fences and Gates(Remove and Replace with LS 1 $0.00 $2,000.00 $2,000.00 $5,200.00 $5,200.00 $3,500.00 $3,500.00 existing B-8 4-inch PVC sanitary sewer service lateral LF 900 $0.00, $42.00 $37,800.00 $65.00 $58,500.00 $39.00 $35,100.00 B-9 8-inch PVC sanitary sewer service lateral LF 1054 $0.00 $58.00 - $61,132.00 $70.00 $73,780.00 $100.00 $105,400.00 B-10 48"Diameter precast Concrete Sanitary VF 74 $0.00 $495.00 $36,630.00 $560.00 $41,440.00 $560.00 $41,440.00 manholes(7 locations) B-11 48"Diameter precast Concrete Sanitary Drop EA 2 $0.00 $7,950.00 $15,900.00 $5,500.00 $11,000.00 $8,900.00 $17,800.00 manholes B-12 Standared Lamphole LS 2 $0.00 $1,000.00 $2,000.00 $1,150.00 $2,300.00 $1,800.00 $3,600.00 B-13 Erosion Control,Maintenance,Etc. LS 1 $0.00 $2,500.00 • $2,500.00 $11,000.00 $11,000.00 $5,500.00 $5,500.00 B-14 Topsoil,Fertilizer,Seed Mulch and Initial AC 1.5 $0.00 $3,000.00 $4,500.00 $6,000.00 $9,000.00 $8,000.00 $12,000.00 watering B-15 Grout-filled and Abandon Existing 8"Sanitary LF 212 $0.00 $20.00 $4,240.00 $18.00 $3,816.00 $70.00 $14,840.00 Sewer B-16 Modification to Head wall(includes Saw Cut and LS 1 $0.00 $4,000.00 $4,000.00 $5,250.00 $5,250.00 $7,500.00 $7,500.00 Grout fill around pipe) B-17 48"Dia ALCSP LF 62 $0.00 $190.00 $11,780.00 $320.00 $19,840.00 $95.00 $5,890.00 B-18 18"Dila ALCSP LF 48 $0.00 $60.00 $2,880.00 $96.00 $4,608.00 $53.00 $2,544.00 B-19 Type C 4'x5.5'x10.7' EA 1 $0.00 $5,600.00 $5,600.00 $12,000.00 $12,000.00 $9,905.00 $9,905.00 B-20 Type A 4'x4'x4' EA 1 $0.00 $2,900.00 $2,900.00 $9,900.00 $9,900.00 $6,110.00 $6,110.00 B-21 Concrete Collar LS 1 $0.00 $12,200.00 $12,200.00 $3,500.00 $3,500.00 $4,610.00 $4,610.00 B-22 Rock Excavation CY 75 $0.00 $150.00 $11,250.00 $400.00 $30,000.00 $125.00 $9,375.00 TOTAL BASE BID $0.00 $321,087.00 $407,584.00 $451,789.00 %OVER/UNDER ENGINEER'S EST. #DIV/01 #DIV/0I #DIV/0! T • ?age 2 CITY OF JEFFERSON . Date:12/07/2016 BID TABULATION • Bid No. EAST CIRCLE GRAVITY SEWER REPLACEMENT PROJECT NO.31077 • Twehous Excavating Lamke Trenching and Company Hutchins Telecom Excavating inc. Lehman Construction,LLC • APPROX. UNIT UNIT UNIT ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT UNIT PRICE AMOUNT B-1 Traffic Control LS 1 $6,100.00 $6,100.00 $2,500.00 $2,500.00 $6,500.00 $6,500.00 $130,000.00 ' $130,000.00 B-2 Concrete Sidewalk Replacement SY 30 $228.00 $6,840.00 $32.00 $960.00 $78.00 $2,340.00 $60.00 $1,800.00 8-3 Concrete Driveway Replacement 100 East Circle SY 85 $62.00 $5,270.00 $42.00 $3,570.00 $87.50 $7,437.50 $61.00 $5,185.00 B-4 Concrete Drive Approach replacement SY 270 $60.00 $16,200.00 $42.00 $11,340.00 $87.50 $23,625.00 $56.00 $15,120.00 B-5 Curb and Gutter Replacement LF 250 $50.00 $12,500.00 $55.00 $13,750.00 $62.00 $15,500.00 $28.00 $7,000.00 B-6 Concrete Roadway replacement SY 800 $56.00 $44,800.00 $47.00 $37,600.00 $98.75 $79,000.00 $45.00 $36,000.00 B-7 Fences and Gates(Remove and Replace with LS 1 $2,500.00 $2,500.00 $7,800.00 $7,800.00 $3,200.00 $3,200.00 $4,000.00 $4,000.00 existing B-8 4-inch PVC sanitary sewer service lateral LF 900 $126.00 $113,400.00 $69.00 $62,100.00 $86.00 $77,400.00 $87.00 $78,300.00 B-9 8-inch PVC sanitary sewer service lateral LF 1054 $146.00 $153,884.00 $125.00. $131,750.00 $162.00 $170,748.00 $105.00 $110,670.00 B-10 48"Diameter precast Concrete Sanitary VF 74 $275.00 $20,350.00 $490.00 $36,260.00 $375.00 $27,750.00 $800.00 $59,200.00 manholes(7 locations) • 8-11 48"Diameter precast Concrete Sanitary Drop EA 2 $1,700.00 $3,400.00 $8,150.00 $16,300.00 $7,786.00 $15,572.00 $3,900.00 $7,800.00 manholes B-12 Standared Lamphole LS 2 $750.00 $1,500.00 $1,100.00 $2,200.00 $625.00 . $1,250.00 $1,300.00 $2,600.00 B-13 Erosion Control,Maintenance,Etc. LS 1 $3;800.00 $3,800.00 $25,000.00 $25,000.00 ' $3,650.00 $3,650.00 $10,000.00 $10,000.00 B-14 Topsoil,Fertilizer,Seed Mulch and Initial . AC 1.5 $5,800.00 $8,700.00 $16,000.00 $24,000.00 $6,200.00 $9,300.00 $5,000.00 $7,500.00 watering B-15 Grout-filled and Abandon Existing 8"Sanitary LF 212 $5.00 $1,060.00 $5.00 $1,060.00 $9.00 $1,908.00 $18.00 $3,816.00 Sewer B-16 Modification to Head wall(includes Saw Cut and LS 1 $7,500.00 $7,500.00 $11,000.00 $11,000.00. $3,500.00 $3,500.00 $12,000.00 $12,000.00 Grout fill around pipe) B-17 48"DiaALCSP LF 62 $225.00 $13,950.00 $265.00 $16,430.00 $304.00 $18,848.00 $189.00 $11;718.00 B-18 18"Diia ALCSP LF 48 $150.00 $7,200.00 $200.00 $9,600.00 $160.00 $7,680.00 $169.00 $8,112.00 B-19 Type C 4'x5.5'x10.7' EA 1 $5,800.00 $5,800.00 $16,000.00 $16,000.00 $8,950.00 $8,950.00 $5,200.00 $5,200.00 • B-20 TypeA4'x4'x4' EA 1 $4,500.00 $4,500.00 $6,000.00 $6,000.00 $6,100.00 $6,100.00 $4,920.00 $4,920.00 B-21 Concrete Collar LS 1 $2,800.00 $2,800.00 $1,800.00 $1,800.00 $1,850.00 $1,850.00 $4,600.00 $4,600.00 B-22 Rock Excavation CY 75 $135.00 $10,125.00 $122.00 $9,150.00 $250.00 $18,750.00 $125.00 $9,375.00 TOTAL BASE BID $452,179.00 $446,170.00 $510,858.50 $534,916.00 %OVERIUNDER ENGINEER'S EST. #DIV/O! #DIV/01 #DIV/0! #DIV/0! I ERROR ALTERNATE A • - Deduct A Deduct price for combined bid if bidder is LS -1 • awarded both Contract A and Contract B TOTAL ALTERNATE A Alternate A-Rejected • TOTAL CONTRACT WITH ACCEPTED ALTERNATES $452,179.00 $446,170.00 $510,858.50 $534;916.00 CITY OF JEFFERSON CONSTRUCTION CONTRACT cy� THIS CONTRACT made and entered into this ay of V uS 2016, by and between Mera Excavating, LLC. hereinafte 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 responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Project No. 31077, Hayselton Pump Station, Force Main and Gravity Sewer NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. Contractor agrees to provide all labor, equipment, hardware and supplies to perform the work included in the project entitled " Project No. 31077, Hayselton Pump Station, Force Main and Gravity Sewer" 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 applicable City ordinances and state and federal laws, within 270 calendar days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works 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 the current Annual Wage Order No. 23, 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 delivered to the Purchasing Agent of the Jefferson City Finance Department each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City One Hundred Dollars ($100.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by 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 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 - The 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, 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 insurance 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 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 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 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 One Thousand Dollars ($1,000.00) 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 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. 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 will indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance-of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. 10. Payment for Labor and Materials. 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 submitted to the City. 12. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated July 12, 2016 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 One Million One Hundred Sixteen Thousand Five Hundred Eighty-Eight Dollars and Ninety- Three Cents. ($1,116,588.93) 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 t and materials, the payment of insurance premiums for workers compensation insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be equal to the Contractor's bid. 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 herein. 15. Severability. 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 f. General Provisions b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications d. Notice to Bidders i. Drawing and/or Sketches e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 18. Complete Understanding, Merger. Parties agree that this document including those documents described in the section entitled "Contract Documents" represent the full and complete understanding of the parties. This contact includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the City. 19. Authorship and Enforcement. i 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 teras, 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. Illegal Immigration. 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. 26. 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. 27. 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 24 Scenic Acres Ln., Bonnots Mill, MO 65016. The date of delivery of any notice shall be the second full day after the day of its mailing. i i I IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of //—f,40, 2016.. CITY OF JEFFERSON CONTRACTOR Mayor: Carrie Tergin Title ATTEST: ATTEST: ity CI rk /fi( 'tiyj7{7 2f APPROVED AS TO FORM: A� / City C unselor yon "nown... tie,a TETI polls 14 DEPARTMENT OF PUBLIC WORKS WASTEWATER DIVISION 320 EAST McCARTY STREET JEFFERSON CITY, MISSOURI 65101 ACCOUNT NO. Ems+-q97- 57/256 Change Order No. One (1) Project No. 31077 Ord. No. 15546 Date: Job& Location: HAYSELTON PUMP STATION, FORCE MAIN AND GRAVITY SEWER Contractor: Mera Excavating, LLC It is hereby mutually agreed that when this change order has been signed by the contracting parties,the following described changes in the work required by the contract shall be executed by the contractor without changing the terms of the contract except as herein stipulated and agreed. DESCRIPTION OF CHANGES: (See Attached Sheet for Detailed Description/Explanation) Note: Item numbers prefixed with"EW"(Extra Work)are new line items to the contract. Quantity in Revised Amount of Item Quantity in Change Contract Overrun or No. Description Unit Contract Order Quantity Unit Price Underrun EW-1 Replace unsuitable materials LS 0.00 1.00 1.00 $16,289.44 $16,289.44 EW-2 WCD-4 Electrical changes LS 0.00 1.00 1.00 $ 1,900.00 $1,900.00 CONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES: I/We hereby agree to the modifications of the contract as described above and agree to furnish all materials and labor and perform all work in connection therewith in accordance with the requirements for similar work in existing contract except as otherwise stipulated herein, for the following considerations: Contract Amount-Add $18,189.44 (Eighteen Thousand One Hundred Eighty Nine Dollars and Forty Four Cents)to the Contract Amount Contract Time-Add 4 calendar days to the Contract STATEMENT OF CONTRACT AMOUNT: Amount % Change Time ORIGINAL CONTRACT $1,116,588.93 270 PREVIOUS APPROVED CHANGE ORDERS $0.00 0.0% 0 TOTAL THIS CHANGE ORDER $18,189.44 1.6% 4 TOTAL OF ALL CHANGE ORDERS $18,189.44 1.6% 4 CONTRACT AMOUNT TO DATE $1,134,778.37 274 Mera Excavating, LLC �c ,uL oubios. Contractor Date Recommended by: leGrfr"" City Engin 6- /� Date U6 Verification of Encumbrance: _ / " f '7/IL Finan • Director Date Accepted by: •�/ // �%J Owner-City Administrator/Ma./ Date ` Approved as to Form: u 1 - b o- 1G City Couns:or Date CITY OF JEFFERSON ATTACHMENT TO CHANGE ORDER NO. 1 PROJECT NO.31077 Description of Changes: Enter the explanation for this change order.(Manually enlarge cell to accommodate text.) Item EW-1 - Replace unsuitable materials SCOPE OF WORK:Unsuitable materials were found at the streambank.The poor soils were replaced with subsurface filter fabric The work included in this item shall include the furnishing of all labor,equipment,and material for the MEASUREMENT,PAYMENT,and TIME: Wei 29Q 4 days This item will be measured by the lump sum JUSTIFICATION OF COST:additional material and labor Shot Rock$14,928.30+drain$685.14+filter fabric$676 Item EW-2 - WCD-4 Electrical changes SCOPE OF WORK:Described in attachment(WCD-4) The work included in this item shall include the furnishing of all labor,equipment,and material for the MEASUREMENT,PAYMENT,and TIME: $ 1,900.00 This item will be measured by the lump sum JUSTIFICATION OF COST:add external pole for lighting WC 4 Hayselton Pump Station Electrical Revisions 10/3/2016 Pump/Float Terminal Box Sheet E2 • Jeffries Electricla Service Inc (JESI)proposes to install an above groynd terminal box for the connection of the pump and float leads. This installation will be similar to the previous installation at the RT B lift station. Please see attached phota labeled as#1 • Includes core drilling and installing 3 —2" sleeves in the lid of the wet well for the pump and floats leads Exterior Lighting • Deduct the 4 exterior Wall Pack Lights • Install one new 15' pole, concrete standard and LED fixture with a photo cell and HOA switch mounted inside the building Generator Terminal Box • Deduct for the Nema 4 X Generator Terminal Box and labor to install owner provided generator receptacle • Installing and providing a Nema 3R hinged cover J box with power distribution block and access port in the bottom for the generator cord connection Reconfiguration of Service Equipment and electrical gear • Includes providing an exterior Nema 3R double throw 3 pole disconnect in lieu of a non automatic transfer switch mounted on the inside of the building • Includes the removal of disconnect labeled as "MDS" • Includes leaving the fused disconnect installed before the meter base and grounding it as the first point of disconnect • Includes reconfiguring the service equipment as shown in photo #2 • Includes providing a 120/240 volt panel board and 10 KVA transformer in lieu of a mini power center as shown for UDS • Includes installing a 20 amp GFI breaker in UDS in lieu of individual GFI receptacles • Provide and Install an industrial high gap magnetic door switch manufactured by GRI Model#4400A • Change interior conduit from EMT to rigid aluminum conduit Total for all changes: $1,900.00 Department of Public Works Memorandum 320 E. McCarty Street • Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www.ieffcitymo.org Date: May 18, 2017 To: Steve Crowell From: David Bange P.E., City Engineer Subject: Hayselton Pump Station, Force Main and Gravity Sewer Change Order #3 Attached is a change order which adjusts quantities and repairs bad sewer downstream of the new pump station. After partial startup of the pump station it was discovered that some of the downstream sewer was hydraulically defective and unable to accept the maximum flow from the pump station from W. Main to W. McCarty. The change order addresses the inadequate sewer to prevent basement backups on W. McCarty Street during wet weather. The order represents a 4.4% change from the original contract. The total of change order rose above 10% with Change Order #2 which was approved by the Council December 19, 2016. The Contractor has agreed to not temporarily close W. Main until after school is out on May 18. If you need any other information please contact me. I can be reached at extension 6433. DB:db cc: Project file Writer's file Attachments: Change Order DEPARTMENT OF PUBLIC WORKS WASTEWATER DIVISION 320 EAST McCARTY STREET JEFFERSON CITY, MISSOURI 65101, ACCOUNT NO. 64-987-579256 Change Order No. Three (3) Project No. 31077 Ord. No.. 15546 HAYSELTON PUMP STATION, FORCE MAIN AND GRAVITY Job. & Location:: SEWER Contractor: Mera Excavatirig,.LLC Date: It is b6r6by mutually agreed that when this change order has. been signed. by the contracting parties, the following described changes in the.work required by the contract shall.be executed by the contractor without changing the.terms of the contract except as herein stipulated and agreed. DESCRIPTION OF CHANGES: (See Attached Sheet for Detailed Description / Explanation) Note: Item -numbers prefixed.with" EW (Extra Work) *e new line items to the contract: Quantity in Revised. Amount of . Item Quantity in Change. Contract. Overrun or. . No.. Description .. Unit . 'Contract . Order Quantity . Unit Price Underrun. . EW -5 Concrete Sidewalk Replacement SY 0 .10- 10 $55.00 $550.00. EW -'6 Curb and Gutter Replacement. LF. 0 .15. 15. $40.00 $600.00 - EW -7 .Concrete Roadway Replacement SY- 0 10 - 10 . $75.00: $750.00 .. - *.8 Stormwater extension 1500:bloc.k LS 0 1 - 1 $7,400.00: $71400.00 - Hayselton EW -9 Add Wetwell Backets LS 0 1 .1 :.$21500.00:.. $2,500.00. EW -10 Concrete Sewer -encasement ... - LF 0 23- 23' . $145:00 - EW -11 -Retrofit MH 15 LS 0 1 . 1 . $300.00 $300.00 EW -12. Grout fill and. abandon forcemain CY ..0 . 1.2 12 _ $250.00. $3,000.00 .... . EW -13 Retrofit MH 2543 LS. -0 1 1 $17,500.00: $171-500'.00 EW -14 Deduct protective'coating.MH 2543 LS 0 -1 -1 $7,550.00 ($7,550.00) EW -15 Replace manholes and sewer'on Manila- LS 0 1 1 $51,984.55. $51,984.55 .. : E-16 Slope Protection..: Ton :.:. 0 10. .. UV :10. $46.50 .: $465:00 A-3 -.12-Inch PVC, gravity. sewer LF 2200 =847. 1353. '$37.12 ($31,440.64) CONTRACTORS PROPOSAL FOR: THE ABOVE DESCRIBED CHANGES: ]/We hereby agree to the modifications of the contract as described above and agree. to furnish all materials and labor and perform all work.in.connection therewith in accordance with the requirements -for similar work in'existing contract except as otherwise stipulated herein; for the following considerations: Contract Amount - Add $49,393.91 (Forty Nine Thousand Three.Hundred Ninety Three. Dollars and Ninety One .Cents) to the. Contract Amount :.Contract Time - Add 30 calendar days to the Contract STATEMENT OF CONTRACT AMOUNT: Amount % Change Time, ORIGINAL CONTRACT $1,116;588.93 270 PREVIOUS APPROVED CHANGE ORDERS $147,642.44 13.26/6 4 TOTAL THIS CHANGE ORDER TOTAL OF ALL CHANGE ORD[ CONTRACT AMOUNT TO DATE Mera Excavating, LLC jy $49"393.91 4.4% $197,036.35 17.6% $1,313,625.28 30 34 304 5/2/2017 Recommended by: Verification of Encumbrance: Accepted by: Approved as-tolorm: gontraekor City Engine r Finance Director Date 5/4/zo1;7 Date Date ate ��5 .: Date CITY OF JEFFERSON ATTACHMENT TO CHANGE ORDER NO. 3 PROJECT NO. 31077 Description of Changes: Enter the explanation for this change order. (Manually enlarge cell to accommodate text.) Item EW -5 - Concrete Sidewalk Replacement SCOPE OF WORK: The work included in this item shall include the famishing of all labor, equipment, and material for the replacement of concrete sidewalk on W. Main required for forcemain installation. MEASUREMENT, PAYMENT, and TIME: This item will be measured by the square yard Item EW -6 - Curb and Gutter Replacement SCOPE OF WORK: The work included in this item shall include the furnishing of all labor, equipment, and material for the replacement of curb and gutter on W. Main required for forcemain installation. MEASUREMENT, PAYMENT, and T]ME: This item will be measured by the lineal feet Item EW -7 - Concrete Roadway Replacement SCOPE OF WORK: The work included in this item shall include the furnishing of all labor, equipment, and material for the MEASUREMENT, PAYMENT, and TIME: This item will be measured by the square yard Item EW -8 - Stormwater extension 1500 block Hayselton SCOPE OF WORK: The work included in this item shall include the furnishing of all labor, equipment, and material for the replacement of bad stormwater and extending it to discharge in location where it will not erode or conflict with other utilities. MEASUREMENT, PAYMENT, and TIME: 2 days This item will be measured by the lump sum Item EW -9 - Add Wetwell Backets SCOPE OF WORK: The work included in this item shall include the furnishing of all labor, equipment, and material for the stainless steel brackets to hold wet well piping. MEASUREMENT, PAYMENT, and TIME: This item will be measured by the lump sum Item EW -10 - Concrete Sewer encasement SCOPE OF WORK: The work included in this item shall include the furnishing of all labor, equipment, and material for the MEASUREMENT, PAYMENT, and TIME: This item will be measured by the lineal feet Item EW -11 - Retrofit MH 15 SCOPE OF WORK: The work included in this item shall include the furnishing of all labor, equipment, and material for the MEASUREMENT, PAYMENT, and TIME: This item will be measured by the lump sum Item EW -12 - Grout fill and abandon forcemain Standard View Contractor Print View Unit C.O. Quart. Unit Price Unit Total SY 10 $55.00 $550.00 LF 15 $40.00 $600.00 SY 10 $75.00 $750.00 LS 1 $7,400.00 $7,400.00 LS 1 $2,500.00 $2,500.00 LF 23 $145.00 53,335.00 LS 1 $300.00 $300.00 CY 12 $250.00 $3,000.00 7 SCOPE OF WORK: The work included in this item shall include the furnishing of all labor, equipment, and material for the MEASUREMENT, PAYMENT, and TIME: This item will be measured by the cubic yard Item EW -13 - Retrofit MH 2543 SCOPE OF WORK: The work included in this item shall include the furnishing of all labor, equipment, and material for the connection of multiple existing sewer mains and replacement of failing brick manhole with precast sulfide resistant manhole. MEASUREMENT, PAYMENT, and TIME: 7 days This item will be measured by the lump sum Item EW -14 - Deduct protective coating MH 2543 SCOPE OF WORK: The work included in this item shall include the furnishing of all labor, equipment, and material for the interior sulfide reduction coatings MEASUREMENT, PAYMENT, and TIME: This item will be measured by the lump sum Item EW -15 - Replace manholes and sewer on Manila SCOPE OF WORK: The work included in this item shall include the furnishing of all labor equipment, and material not provided by the City for relief sewer installation MEASUREMENT, PAYMENT, and TIME: 21 days This item will be measured by the lump sum Item EW -16 - Slope Protection SCOPE OF WORK: The work included in this item shall include the furnishing of all labor, equipment, and material including filter fabric and rock MEASUREMENT, PAYMENT, and TIME: This item will be measured by the Ton Item A-3 - 12 -Inch PVC gravity sewer SCOPE OF WORK: The work included in this item shall include the furnishing of all labor, equipment, and material for the installation of gravity sewer MEASUREMENT, PAYMENT, and TIME: This item will be measured by the lineal feet LS 1 $17,500.00 $17,500.00 LS -1 $7,550.00 ($7,550.00) LS 1 $51,984.55 $51,984.55 Ton 10 $46.50 $465.00 LF -847 $37.12 ($31,440.64)