HomeMy Public PortalAboutORD13357 BILL NO, 2001-1$0--' - "
SPONSORED BY COUNCILMAN Blaney Jac I(qqn, and Landwehr
ORDINANCE NO.—
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STOCKMAN
STONEWORKS FOR THE WOODLAND/OLD CITY CEMETERY PLOT RESTORATION
PROJECT,
WHEREAS, Stockman Stoneworks has become the apparent lowest and best bidder on
the Woodland / Old City Cemetery Restoration Project project;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1 . The bid of Stockman Stoneworks is declared to be the lowest and best
bid and is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement
with Stockman Stoneworks for Woodland I Old City Cemetery Plot Restoration Project.
ect.
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:
Approved:
Z
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
'City Cle'rk
'City Counselor
•
r
/
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this if _ day of ,,�^1 � 2UrJ2, by and between Stockman
Stoneworks hereinafter referred to as "Contractor," and the City of .Jefferson, Missouri, a municipal
corporation of the stale 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:
Restoration/Renovation of a portion of Woodland/Old City Cemetery Phase I,
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Work.
Contractor agrees to provide all labor, materials, services, equipment, hardware, supplies, and
appliances required in conjunction with or properly incidental to the work,restore/renovate a portion
of the Woodland/Old City cemetery located along the 900-1000 block of East McCarty Street. See
Attachment "Scope of Work'.
2. Manner and Time for Completion.
Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies
necessary to perform,and 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 One Hundred Twenty(120)
working/calendar days from the date Contractor is ordered to proceed,which order shall be issued by the City
of Jefferson 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 Annual Wage Order No.8, Section 02.6 rate of wages is 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 each week. In accordance with
Section 290.250, RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) 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$2,00,000 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$2,00,000 for all claims arising out of a single accident or occurrence and$300,000 for any
one person in a single accident or occurrence,
li\rOntraCl filUt\COntlr„ction't$h(:i r„urt Sfnr'.o,vOri tl Yr.tl P,riot(.onfrn(.!t„vui:
C. Automobile Liability Insurance in an amount not less than $2,00,000 for all claims arising out of
a single accident or occurrence and $300,000 for any one person 11-1 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 and the City
as the insured,in an amount not less than$2,00,000 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. Scone of Insurance and Special Hazard, The insurance required under Sub-paragraphs(b)and
(c) hereof shall provide adequate protection for 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(orcontingent
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 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 some 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 Two Hundred Fifty dollars ($250.00 ) from any amount otherwise due under this contract
for every day 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 riot 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 receivershould
be appointed for Contractor or for any of its properly, 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.
H:\Conliaet Fi10s\C0m1,c1*n\StocAman Stonowods\Pesi-Penov.Contla_li,wpd - 2-
r
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 some 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 shall indemnify, defend and hold harmless the City, its
elected and appointed officials,employees,and agents,from and against all claims,damages,and expenses,
including but not limited to attorneys' fees arising out or resulting from the performance of the Work,provided
that any such claim,damage,loss or exner'si. attributable to bodily injury,sickness,disease or death or to injury
to or destruction of tangible property (otl let tt an Work itself) including the loss of use resulting therefrom and is
caused in whole or in part by any negligent act or or-nission of the Contractor, any Subcontractor, anyone
directly or indirectly employed by any of them or anyone for those acts any of them may be liable,regardless
of whether or not if 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.
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.
ll. 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 1986 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 Contractor 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 City and in accordance
with the rates and/or amounts stated in the bid of Contractor dated November 12, 2001 , which are by
reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of
work done or materials furnished hereunder. The total amount of this contract shall not exceed Thirty Five
Thousand Eight Hundred Three dollars and 00/cents ($35,803.00).
13. 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.
K\Coslsaclhes\cons!rucllon\$loctmon;loneaod.s\Res IRenov Con ItacILwpa -3-
14, 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,
15, Notices.
All notices required to be in writing may be given by first class mail addressed to City of Jefferson, 320 East
McCarty, Jefferson City, Missouri, 65101, and Contractor at Stockman Stoneworks - 3918 Stockman Lane,
Jefferson City,MO 65109 The date of delivery of any notice shall be the second full day after the day of its
mailing.
16. Jurisdiction.
This agreement and every question arising hereunder shall be interpreted according to the laws and statutes
of the State of Missouri.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this. day of ��; 2002.
CITY OF JEFFERSON CONTRACTOR
---/�, 40
Ou'A
Ma r Title:
ATTEST: ATTEST:
7
rty 61 e r—V Title:
APPROV D AS T M
City Counselor
K\Conlroct rllet\construction\Stockmon Slonewod.s\Resl-Renov.Controctl,wpd - 4-
SCOPE 014 WORK
REs,rORATION Or CEMETERY PLO'T'S - PHASE I
WOODLAND/OLD CITY CEMETERY
GfNi:;RAL INFORMATION- Woodlim(I-Old City Cemetery Restorritiolt
This project includes only the repair of cemetery plots in the area designated as Phase I (see attached
map). Gravestone repair and realignment will be completed later in a separate bid.
GENERAL INSTRUCTION- Plot Areas
1. Repair and restore stone walls around private plots; use like materials - owner representative
will approve.
2. Dry mount stone walls where applicable; no mortar required for larger stone pieces.
3. Areas designated with "+"=Replace/rebuild soil around designated plots to stabilize walls
and level area; re-seed with grass and cover with straw.
® 4. Areas designated with Include wrought iron fence repainting according to the
following; specifications:
a) Wirebrush all metal to remove old paint and rust;
b) Paint fence (all metal surfaces) by hand with brush;
C) Black metal paint is to be applied (2 coats);
1" coat: Prime with Sherwin Williams Kern 400 primer or equal
2"a coat: Apply flat black paint, Kern Lustral Enamel Wrought Iron
paint or equal , thin paint 5-15% with Xylol before application.
d) If coverage is not uniform; repeat process, finish should be opaque.
SPECIFIC M,SV?UCTION,S
• Remove concrete block storage building near the rear of the property. Concrete pad will
remain; rock and gravestones that are adjacent should be placed on the slab after the building
is removed.
• Starting;at the McCarty Street end, each plot area has been marked with a numbered wooden
stake. The numbers correspond with the attached listing;,
CemetetyThasc I.ScopcHrk:
1 '
STAKE BRIEF" DESCRIPTION
41 Realign/straighten wall+
42 Repair and paint wrought iron fence*
#3 Realign/straighten stone wall-r
#4 Repair/straighten and regrout wall
45 Repair and paint wrought iron fence* & repair/regrout stone wall
#6 Repair and paint wrought iron fence*
#6A Repair and regrout stone wall-+-
#7 NO WORK REQUIRED
#8 Repair &paint wrought iron fence*-Repair/straighten & replace
stone wall and regrout+
49 Repair/straighten stone walls (replace)+
#10 NO WORK REQUIRED
t!11 Reset Steps
H12 Repair/straighten and regrout
#13 Repair/straighten+
#14 Repair/straighten and regrout
#15 Repair/straighten and regrout
416 Repair/straighten and regrout+
417 Repair/straighten and regrout-F
418 Repair/straighten and regrout+
419 Repair/straighten, regrout and recover+
#20 Repair/straighten, regrout and recover
#21 Repair/straighten, regrout and recover
922 Repair/straighten, regrout and recover
423 Repair/straighten and regrout+
424 Repair/straighten and regrout+
#25 Repair/straighten and regrout+
#26 Repair/straighten and regrout+
927 Repair/straighten and regrout
428 Regrout
929 Uncovcr
930 Uncover and regrout
#31 Repair/straighten and regrout
#32 Replace, repair, realign and uncover stone wall
433-935 NO WORK REQUIRED
#36 Repair, replace, realign and regrout stone wall
937 Repair/straighten and regrout
438 Repair/straighten and regrout
439 Repair/straighten and regrout
#40 Repair/straighten and regrout+
9411 Repair/straighten and regrout
#42 Repair/straighten and regrout
#43 Repair/straighten and regrout
444 Replace stone/concrete as needed
#45 Repair/straighten and regrout
CemeteryThme I.ScopeM
FINANCE DEPAR"rMENT
PURCHASING DIVISION
SUBJECT: Bid No. 1983 - Restoration/Renovation of'Woodkind/Old City Cemetery
C011111111111ty Development, Opcned on November 13, 2001
BIDS RECEIVED:
Stockman Stoneworks. .lefferson Catty, 1/10 35.80100
Fercon Construction. .lel'fel•SOII City. IMO $1 13.150.00
Six additional bidders were sent the IZI'13 but did not respond.
FISCAL NOTE:
8900-8900-2040-0000 - Cemetery 1Vtaultenan+ e
200 1-2002 Btutgct $ 69,678.00
Expended -0-
E11cunlbered -O-
Bid 1933 $ 35.803.00
Balance S 33,375.00
PAST PERFORMANCE:
The City does not have experience with this vender: however. stal'Ihas contacted
rellerences provided and received positive responses. StnlThelieves the vendor will perform the
work as specified and bid.
R1'ICOIVIMEj NDATION:
It is the recommendation of'staft'to award this bid to Stockman Stoneworks of Jefferson
Cite, k1issouri in the amount cif$35.30 3.00.
ATTACHNIENTS - SUPPORTING DOCUIMEN'TATION
"Tabulation of Bids, Departmental Recommendation
� Y
� k
Signature, ; t J,�c
P,urchas' n `f gent Dil �ctor. C' limu111t1' Development
•
INTEROFFICE
MEMORANDUM
To: Terry Stephenson, Purchasing Agent
From: fiarlie Lansford, Assistant Director of Community Development
Date: February 27, 2002
RE: [aid #1983
Restoration/Renovation of City Cemetery
The Department of Community Development has reviewed and evaluated the bids
submitted by the two contractors. After an in depth study was conducted to determine the
reasons for the unusual difference between the two bids, Stockman Stoneworks' bid of
$35,803 is recommended as the best and lowest bid.
CL:as
cc: Melva Fast
Pat Sullivan
02-06-02 A10 51 1 N
`STOCKMAN STONEWORKS
3918 STOCKMAN LANE
JEFFERSON CI TV MO. 65109 :
(573)893-1928 .
Dear Purchasing Department.
In regards to the Restoration/Renovation of Woodland/Old City Cemetery Bid# 1983
I have agreed to extend the terms of my bid for an additional 180 days.
CHAD 5'COCKNIAN
Bid Number 1983
Bid Opening Date: 11.13-01
subject: Restoration/Renovation of Woodland/Old City Cemetery
Dept: Planning and Code
Stockman Stoneworks Fercon Construction
Jefferson City MO Jeffroson City MO
Stake Number Brief Description Cost Cost
1 Realigni Aralghten wall $785.00 $4,400,00
2 Repair and paint wrought iron fence $495.00 $1,600,00
3 Realign/stt 3ighten stone wall $648.00 $3,000.00
4 Repair/stra ghten and regrout wall $1,248 00 $6,100.00
5 Repair and paint wrought iron fence & $719.00 $4,400.00
repair/regrout stone wall
6 Repair and paint wrought iron fence $96600 $3,600.00
6A Repair and regrout stone wall $1,189,00 $2,700.00
7 NO WORK REQUIRED XXXX XXXX
8 Repair& paint wrought iron fence/repair $1,966.00 $5,300.00
straighten & replace stone wall and regrout
as before
9 Repair/straighten stone walls(replace) $498.00 $1,800,00
10 NO WORK REQUIRED XXXX XXXX
11 Reset Steps $422.00 $300.00
12 Repair/straighten and regrout $1,389.00 $1,500.00
13 Repair/straighten $783.00 $4,400.00
14 Repair/straighten and regrout $976.00 $3,300.00
15 Repair/straighten and regrout $1,032.00 $6,200.00
16 Repair/straighten and regrout $561.00 $2,700.00
17 Repair/straighten and regrout $810.00 $4,000.00
18 Repair/straighten and regrout $830.00 $3,000.00
19 Repalr/straighten, regrout and recover $844.00 $3,000.00
20 Repair/straighten, regrout and recover $79900 $1,800,00
21 Repair/straighten, regrout and recover $568 00 $1,000,00
22 Repair/straighten, regrout and tecover $598.00 $1,800.00
23 Repair/straighten and regrout ;934.00 $1,700.00
24 Repair/straighten and regrout $1.41300 $5,300.00
25 Repair/straighten and regrout $711.00 $5,400.00
26 Repair/straighten and regrout $566.00 $3,500.00
27 Repair/straighten and regrout $938.00 $4,500.00
28 Re rout $41000 $100.00
29 Uncover $289 00 $150.00
30 Uncover and regrout $56600 $1,000,00
31 Repair/straighten and regrout $598.00 $1,800,00
32 Replace, repair, realign & uncover stone wall $1,110.00 $1,700.00
33 NO WORK REQUIRED XXXX XXXX
34 NO WORK REQUIRED XXY1X XXXX
35 NO WORK REQUIRED XXXX XXXX
36 Repair, replace, realign & regrout stone wall $1,690 00 $5,300.00
37 _ _ Repair/straighten and regrout $860.00 $1,700.00
38 Repair/straighten and regrout. $948.00 $1,000.00
39 Repair/straighten and regrout $599.00 $1,900.00
40 Repair/straighten and regrout $1,413,00 $1,500.00
Bid Number 1983
Bid Opening Date: 11.13-01
Subject: Restoration/Renovation of Woodland/Old City Cemetery.
Dept: Planning and Code
41 _Repalr/stralghten and regrout . _ $882,00 $1,000,00
.. ...___ . _... _ ._ .,._. ..._. _.�._. _.._.. _... _ w.. _�--
42 _ Repalr/stralghten and regrout �y $4_97.00 $900.00
43 .� Repair/stralghten and regrout $1,290,00 $1,500,00
44 Replace stone/concrete as needed $689.00 $3,000.00
45 Repalr/straighten and regrout $484.00 $1,100.00
Subtotal $34,993.00 $109,950.00
Remove Concrete Bldg as specified $810.00 $3,200.00
Total $35,803.00 $113,150.00