HomeMy Public PortalAboutORD15547 BILL NO. 2016-24
SPONSORED BY COUNCILMAN Henry
ORDINANCE NO. / 44-
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A $321,087.00 AGREEMENT WITH APLEX,
INC., FOR THE EAST CIRCLE SANITARY SEWER MAIN REPLACEMENT —
CONTRACT B.
WHEREAS, Aplex, Inc., has become the apparent best bidder on the East Circle
Sanitary Sewer Main Replacement— Contract B project.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of Aplex, Inc., 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 an agreement with Aplex, Inc., for the construction of the East Circle Sanitary
Sewer Main Replacement— Contract B
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: Lil//L../77.4/21-
.. 1) 217 Approved: Ard76 at ?GIamAcc, _
(Pz070(4,‘
PresidingOfficer
Mayor Carrie Tergin
ATTEST:. APPROVED AS TO FORM:
•
( //4-?;( 1
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
/ViaSignature `I A
/Pur asi'. gent irector of Public)
gorks
t
011 OF / f�fa,
48
r�ui�ll�il� _:
W _®
` ri
lII
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
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
•
•
t
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 Meta 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/O! #DIV/0! #DIV/0!
e '
•
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 DRIB 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/0I #DIVl01
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-Accepted
TOTAL CONTRACT WITH ACCEPTED ALTERNATES $1,539,622.50 $1,565,872.00 $1,624,221.80
c
i
'age 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
ENGINEERS 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
13-13 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
13-15 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
13-18 18"Dia ALCSP LF 48 $0.00 $60.00 $2,880.00 $96.00 $4,608.00 $53.00 $2,544.00
8-19 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
%OVERIUNDER ENGINEER'S EST. #DIV/0I 1 #DIV/01 #DIV/01
e
Wage 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
B-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)
B-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"Dia ALCSP 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
%OVER/UNDER ENGINEER'S EST. #DIV/0! #DIV/0I #DIVlO! #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 CONTRA T
THIS CONTRACT made and entered into this day of 2016,
by and between Aplex Inc. hereinafter referred to as "Contractor", 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, East Circle Sanitary Sewer Replacement.
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, East Circle Sanitary
Sewer Replacement" 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, f
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.
i
(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 Contractors
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.
-Itis further agreed that Contractor shall be as fully responsible to the City for the
acts and omissions4its subeentractors, 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.
i
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. Inder-nn4ty.
To the fullest extent permitted by law, the Contractor MI indemn-ify 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 Three Hundred
Twenty-One Thousand Eighty Seven Dollars and Zero Cents ($321,087.00).
13. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later
than ten (10) days after the execution of this contract, guaranteeing the Contractor's
performance of the work bid for, the payment of amounts due to all suppliers of labor
and materials, the payment of insurance premiums for workers compensation
insurance and all other insurance called for under this contract, and 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.
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 shy-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. 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.
I
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.
�. -4f GoMractor 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 1309 B East Main St, Linn MO 65051. The date
of delivery of any notice shall be the second full day after the day of its mailing.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
_ day of , 2016.
CITY OF JEFFERSON CONTRACTOR
I
Mayor:.-Carrie TerginTi e:
ATTEST: ATTEST:
City CI' rk
J ,
APPROVED AS TO FORM:
ity Co nselor
Department of Public Works
Memorandum
320 E. McCarty Street • Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www.1effcitymo.org
Date: May 25, 2017
To: Steve Crowell
From: David Bange P.E., City Engineer
Subject: East Circle Gravity Sewer Replacement
Change Order #2
Attached is a change order which makes a final adjustment of quantities for the East Circle
Gravity Sewer Replacement project.
The order represents a 10.9% change from the original contract. However, the total of both
change orders is less than 10% of the contract value (8.8%) so it is within your authority to
execute this.
If you need any other information please contact me. I can be reached at extension 6433.
cc: Project file
Writer's file
Attachments: Change Order
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION -
320 EAST McCARTY STREET
JEFFERSON CITY, MISSOURI 65101
ACCOUNT NO.
Change Order.No. Two (2) Project No. 31077 Ord. No. 15547
Date:
Job & Location: EAST CIRCLE. GRAVITY SEWER REPLACEMENT
Contractor: Aplex, Inc..
It is -hereby mutually agreed that when this change order has been signed by the contracting parties, the following described
changesin 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.cohtract.
Quantity in Revised
Amount of
Item Quantity in Change Contract.
Overrun or
No. Description. Unit Contract Order Quantity
. Unit Price
. Underrun -
EW 2.1 Sod . .. :.:. SY .:. : 0. 350 _ 350 -
$12.50
:. $4,375:00-
B=2 Concrete Sidewalk Replacement SY 30:0 84:3 114:3
$55.00
$4;636.50
B-3 _ Concrete Driveway Replacement 100 East SY :85.0 1103. 195.,3'-
$75.00
:$8,272.50
.13=4 Concrete Drivp.Approach replacement SY . 270.0 -221.1 48.9
$75,00
(16582:.50)
B-5. Curb and. Gutter Replacement LF250.0 68.8. 318.8 .
-$40.00
$2,752.00
B-6 Concrete Roadway replacement SY 800:0 32.1 .'832A-
$75.00
-$2,407.50.'.
B-8 . 47inch PVC sanitary. sewer service lateral ... LF ..9010. 0 234:0 :..1134,0
$42.0.0:. $42.00
:. $9;828.00....
B-9 8 -inch P.VC sanitary sewer service lateral. LF 1.054.0 .94.5 1148.5
$58.00
..$5,481.00-
B-11, 48" Diameter- precast Concrete Sanitary . EA 2.0 1.0 3.0 -
$7,950.00
_$7,950.00 .
B-22 Rock Excavation CY -75.0 39.0. 114.0.
$150.00
$5,850.00 -
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 laborand 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 $34,970.00 (Thirty Four Thousand Nine Hundred'Seventy Dollars and
No Cents) to the .
Contract Amount
Contract Time. - There is no change to the Contract Time
STATEMENT OF CONTRACT AMOUNT:
Amount
% Change
Time
ORIGINAL CONTRACT. $321,087.00
270
PREVIOUS APPROVED CHANGE ORDERS -$6,626.22.'
72.1%
.0.
TOTAL THIS CHANGE ORDER $34,970.00
:10.9%
0 .
TOTAL OF ALL CHANGE ORDERS $28,343.78
8.8%_
0
CONTRACT AMOUNT TO DATE $349,430.78
270
Aplex, Inc.j`Digi y Ron Re mig,
•,Presiditally ent
- "Date:2017.05.251057:57-05'00'
ctore.
Date.
Recommended by:
City EZnnpeRe&% ED AS TO FORM:
Date
City Co Selo