HomeMy Public PortalAboutORD15776BILL NO. 2017-125
SPONSORED BY Councilman Henry
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAM GAINES
CONSTRUCTION INC. IN THE AMOUNT OF $1,172,613.69 FOR THE DOWNTOWN
SPOT REPAIR, STREET OVERLAY, AND ELECTRIC EXPANSION PROJECT
(#32146).
WHEREAS, Sam Gaines Construction Inc., has become the apparent lowest and best
bidder on the Downtown Spot Repair, Street Overlay, and Electric
Expansion Project (#32146).
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The bid of Sam Gaines Construction Inc. is declared to be the lowest
and best bid and is hereby accepted on the Downtown Spot Repair, Street Overlay, and
Electric Expansion Project (#32146).
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Sam Gaines Construction Inc. for the Downtown Spot Repair, Street
Overlay, and Electric Expansion Project (#32146).
Section 3. The agreement shall be substantially the same in form and content as
the agreement attached here to 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: 19 -Ig
Presiding Officer
Approved: E
Mayor: Carrie Tergin
ATTEST: APPROVED AS TO FORM:
2
City Clerk
City Counselor
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT made and entered into the date last executed by a party as
indicated below, by and between Sam Gaines Construction Inc. hereinafter
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. 32146, Downtown Spot Repair, Street Overlay, & Electric Expansion
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 "Downtown Spot Repair, Street Overlay,
& Electric Expansion" 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, as outlined in the project special provisions.
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. 24, 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.
(a) The Contractor shall obtain and maintain during the term of the Project and
this Contract the insurance coverages at least equal to the coverages set forth in
this paragraph 7, and as further provided in the General Conditions, but no event
less than the individual and combined sovereign immunity limits established by
Section 537.610 R.S.Mo. Insurance policies providing required coverages shall be
with companies licensed to do business in the State of Missouri and rated no less
than AA by Best or equivalent. All costs of obtaining and maintaining insurance
coverages are included in the Bid Amount and no additional payment will be made
therefor by the City.
Comprehensive General Liability Insurance
(including coverage for Bodily Injury and
Property Damage)
Comprehensive Automobile Liability
Insurance
(including coverage for Bodily Injury and
Property Damage)
Employer's Liability
$3,000,000 per occurrence
$500,000 aggregate
$3,000,000 per occurrence
$500,000 aggregate
$3,000,000 bodily injury by
accident (each accident)
$3,000,000 bodily injury by
disease (each employee)
$3,000,000 bodily injury policy
limit
(b) Worker's Compensation - In addition, the Contractor and all subcontractors
shall provide Worker's Compensation Insurance in at least statutory amounts for all
workers employed at the Project site.
(c) Builder's Risk - The Contractor shall also provide a policy of Builder's Risk
Insurance in the amount of 100% of the complete insurable value of the Project,
which policy shall protect the Contractor and the City, as their respective interests
shall appear.
(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 Tess than the
individual and combined sovereign immunity limits established by Section 537.610
R.S.Mo., 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) Before commencing any work, the Contractor shall provide to the City
certificates of insurance evidencing the issuance and maintenance in force of the
coverages required by this paragraph 4. Each such certificate shall show the City,
and such other governmental agencies as may be required by the City to be
insured by underlying grant or contract relating to the Project, as an additional
insured, and shall bear an endorsement precluding cancellation of or change in
coverage without at least thirty (30) days written notice to the City. The City may
waive any insurance coverages or amounts required by this paragraph 4 when the
City deems such waiver to be in the interest of the public health, safety, and
general welfare.
(f) 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.
(g) 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 Contractor agrees and acknowledges that time is of the essence of this
Agreement and that delay in the prosecution of the Work and the Project will
inconvenience the public and increase administrative costs of the City, the costs of
which the Contractor and the City are incapable of ascertaining at this time. Should
the Contractor, or in the case of Contractor's default, the surety, fail to complete the
Work within the time stipulated in this Agreement, or within such extension of time as
may be allowed by the City in the manner set forth in the Contract Documents, the
Contractor (or surety, as applicable) shall pay to the City as liquidated damages, and
not as a penalty, the sum of Two Thousand Dollars ($2,000.00) for each calendar
day that the Work remains uncompleted after the time allowed for the completion,
including approved extensions. In the sole discretion of the City, the amount of the
liquidated damages may be deducted from any money due the Contractor under this
Agreement. Permitting the Contractor to finish the Work or any part thereof after the
expiration of the time for completion or any approved extension, shall in no way
operate as a waiver of the City of any of rights under this Contract.
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 agrees to defend with counsel
selected by the City, and indemnify and hold harmless the City, its officers,
engineers, representatives, agents and employees from and against any and all
liabilities, damages, losses, claims or suit, including costs and attorneys' fees, for or
on account of any kind of injury to person, bodily or otherwise, or death, or damage
to or destruction of property, or money damages, or trespass, or any other
circumstances, sustained by the City or others, arising from the Contractor's breach
of the Contract or out of services or products provided by the Contractor or its
subcontractors under the terms of this agreement. The Contractor shall not be liable
for any Toss or damage attributable solely to the negligence of the City. To the
extent required to enforce this provision, the Contractor agrees that this
indemnification requires the Contractor to obtain insurance in amounts specified in
the Contract Documents and that the Contractor has had the opportunity to recover
the costs of such insurance in the compensation set forth in this Agreement.
In any and all claims against the City or any of its agents or employees by any
employee of the Contractor, any Subcontractor, anyone directly or indirectly
employed by any one of them or anyone for whose acts any of them may be liable,
this indemnification obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for the
Contractor or any Subcontractor under workmen's compensation acts, disability
benefit acts or other employee benefit acts.
The Contractor shall reimburse to the City any costs and attorneys' fees that the City
may reasonably incur in pursuit of any remedies at law or equity or enforcement of
any rights established in this Contract, which may result from the Contractor's
breach of the Contract, the Contractor's failure to perform any obligation or
requirement contained herein, or the City's enforcement of this Contract.
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 ensure 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 February 6, 2018
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 seventy-two thousand, six hundred thirteen dollars and sixty-nine cents
($1,172,613.69).
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. Severabilitv.
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.
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 Breach .
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.
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 3205 County Road 452, New Bloomfield, MO
65063. The date of delivery of any notice shall be the second full day after the day
of its mailing.
CITY OF JEFFERSON CONTRACTOR
Mayor: Carrie Ter in
Y Tergin
-2-0 - I g
Title:
Date: Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City,Coun -lor
ATTEST:
Title:
CITY OF JEFFERSON CONTRACTOR
Mayor: Carrie Tergin
1
Title: p
3-!e /2
Date: Date:
ATTEST: ATTEST:
City Clerk Title:Se tc ' y
APPROVED AS TO FORM:
City Counselor
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
320 EAST McCARTY STREET
JEFFERSON CITY, MISSOURI 65101
ACCOUNT NO. 45- - (Igo - 511 v SS
Change Order No. One (1) Project No. 32146 Ord. No. 156' 7(o Date: 6/4/2018
Job & Location: DOWNTOWN SPOT REPAIR, STREET OVERLAY, & ELECTRIC EXP)
Contractor:
Sam Gaines Construction, Inc.
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.
Item
No. Description
EW1.0 Caulking New Concrete
EW1.1 Sealing New Concrete
Unit
LF
SY
Quantity in
Quantity in Change
Contract Order
0 4805.2
0 1285
Revised
Contract
Quantity
4805.2
1285
Unit Price
$2.30
$2.75
Amount of
Overrun or
Underrun
$11,051.96
$3,533.75
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 $14,585.71 (Fourteen Thousand Five Hundred Eighty Five Dollars and Seventy One Cents) to
the Contract Amount
Contract Time - There is no change to the Contract Time
STATEMENT OF CONTRACT AMOUNT:
ORIGINAL CONTRACT
PREVIOUS APPROVED CHANGES
TOTAL THIS CHANGE ORDER
TOTAL OF ALL CHANGES
CONTRACT AMOUNT TO DATE
Amount % Change
$1,612 838.00
- $440224.31 -27.3%
$14,585.71 0.9%
- $425,638.60 -26.4%
$1,187199.40
Time
0
0
0
0
0
Sam Gaines Construction, Inc.
Recommended by:
Verification of Encumbrance:
Accepted by:
Approved as to Form:
Comet
c or
City Engineer
Finance.
'rector
Owner - City Administrator /
Date
Date
Date
Date
Date
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
320 EAST McCARTY STREET
JEFFERSON CITY, MISSOURI 65101
ACCOUNT NO. 44-990-577107 & 45-990-577062
Change Order No. (2) Project No. 32146 Ord. No. 15776 Date: 6/14/2018
Job & Location: DOWNTOWN SPOT REPAIR, STREET OVERLAY, & ELECTRIC EXPANSION
Contractor: Sam Gaines Construction, Inc.
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: This change order shall cover the costs to remove the southerly 110 feet */- of the retaining wall
located on the west side of the 600 block of Monroe Street and that portion of overburden that is destabilized by the removal of the
wall.
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 3.1 Remove Retaining Wall in the 600 Block LS 0 1 1 $24,970.00 $24,970.00
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 $24,970.00 (Twenty 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:
ORIGINAL CONTRACT
PREVIOUS APPROVED CHANGE ORDERS
TOTAL THIS CHANGE ORDER
TOTAL OF ALL CHANGE ORDERS
CONTRACT AMOUNT TO DATE
Amount % Change Time
$1,612,838.00 0
$14,585.71 0.9% 0
$24,970.00 1.5% 0
$39,555.71 2.5% 0
$1,652,393.71 0
Sam Gaines Construction, Inc.
Recommended by:
Verification of Encumbrance:
Accepted by:
Approved as to Form:
City Engineer
r
Finance Director
Z.-//
Date
Date
6 /,47/,,t'
Date
Owner - City Administrator / May• D.te
(/y/(6i
Date
SAM GAINES CONSTRUCTION, INC.
3205 COUNTY RD. 452
NEW BLOOMFIELD, MO 65063
PH: 573-295-6157
FX: 573-257-4205
samgainesconst@ktis.net
To: David Bange, City of Jefferson
From: Bryant Gaines, Sam Gaines Construction
Date: June 14, 2018
Re: Wall Removal on Monroe
Please find below the estimate for the wall removal we discussed this morning.
Equipment
Bobcat 4,000.00
Excavator with breaker 5,600.00
Dump trucks 9,600.00
Labor 2,000.00
Traffic control 500.00
Mobilization 500.00
Sawing 500.00
SUB TOTAL $22,700.00
10% contractor margin 2,270.00
TOTAL $24,970.00
Change Order No. Three (3)
Job & Location:
Contractor:
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
320 EAST McCARTY STREET
JEFFERSON CITY, MISSOURI 65101
ACCOUNT NO. 45-990-577058
Project No. 32146 Ord. No. 15776
Date: 10/31/2018
DOWNTOWN SPOT REPAIR, STREET OVERLAY, & ELECTRIC EXPANSION
Sam Gaines Construction, Inc.
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.
Item
No. Description Unit
27 Curb & Gutter (Remove & Repalce) LF
41 Street Patch; Concrete (Remove & Repalce) SY
EW1.1 Sealing New Concrete SY
EW3.2 Sidewalk; Colored/Patterned Concrete, Lot 3 SY
EW3.3 Caulking (Remove & Replace), Lot 3 LS
EW3.4 Traffic Control & Other, Lot 3 LS
EW3.5 Sidewalk Structural Slab SY
EW3.6 Epoxy Concrete (Crack & Brocken) LS
EW3.7 Utility Cover Replacement LS
EW3.8 Parks Irrigation System Work LS
3 Construction Signage/Traffic Control; Mill & EA
Overlay
6 Rock Excavation CY
7 Sub Grade Stablization Ton
8 Sediment Barrier LF
9 Inlet Protection EA
10 Temporary Cover SY
17 Trenching & Conduit; MCB1 System LS
18 Wiring; MCB1 System; Transformer Thru LF
Meter
24 Walking Drain LF
25R Revised - Gutter Drain LF
26 Curb Opening; Prefabricated EA
27 Curb & Gutter (Remove & Repalce) LF
28 Curb & Gutter; Exp. Agg. (Remove & LF
Repalce)
29 Curb & Gutter; Monolithic Exp. Agg. (Remove LF
& Repalce)
Quantity
in
Contract
0
280
1285
0
0
0
0
0
0
0
2
10
250
300
4
100
0.67
235
60
35
2
0
830
Quantity in
Change
Order
359.8
22.5
68.4
68.4
1
1
33
1
1
1
- 2
Revised
Contract
Quantity
359.8
302.5
1353.4
68.4
1
1
33
1
1
1
0
-10 0
637.7 887.7
- 300 0
2 6
- 100 0
0.08 0.75
93 328
- 4
33
1
85
207.8
56
68
3
85
1037.8
Unit Price
$60.00
$70.00
$2.75
$85.00
$2,880.00
$500.00
$450.00
$3,600.00
$175.00
$3,500.00
$400.00
$225.00
$45.00
$4.00
$200.00
$3.00
$206,000.00
$82.00
$150.00
$40.00
$1,000.00
$60.00
$75.00
Amount of
Overrun or
Underrun
$21,588.00
$1,575.00
$188.10
$5,814.00
$2,880.00
$500.00
$14,850.00
$3,600.00
$175.00
$3,500.00
($800.00)
($2,250.00)
$28,696.50
($1,200.00)
$400.00
($300.00)
$16,480.00
$7,626.00
($600.00)
$1,320.00
$1,000.00
$5,100.00
$15,585.00
14 -1.5 12.5 $100.00 ($150.00)
30 Sidewalk; Small Diamond (Remove &
Replace)
32R Revised - Sidewalk; Colored/Patterned Strip
(Remove & Replace)
34 Sidewalk; 4" thick; Exp. Agg. (Remove &
Replace)
35 Sidewalk Ramp; 6" thick; Exp. Agg. (Remove
& Replace)
36 Sidewalk Ramp' Detectable Warnings
37A Caulking (Remove & Replace)
38A Sealing
39 Commercial Driveway; Exp. Agg. (Remove &
Repalce)
40 Alleyway (Remove & Repalce)
41 Street Patch; Concrete (Remove & Repalce)
42 Asphalt Surface Mill
43 Asphalt Surface Overlay
45 Markings; 4" wide
46 Markings; 6" wide
47 Markings; Stop Bar
48 Markings; Arrows
49 Markings; Accessible Symbol
56 Socket Telecom LLC Vault Installation
57 Additional 1 (1.25" dia) Conduit in Planed
Trech
58 Additional 2 (1.25" dia) Conduit in Planed
Trech
59 Additional 3 (1.25" dia) Conduit in Planed
Trech
60 Additional Conduit in Planed Trech; 2" or less
61 Additional Conduit in Additional Trench
62 Additional Trench
63 Street Patch; Concrete for Additional Trench
66 Full Depth Removal & Concrete Fill
EW1.0 Caulking New Concrete
EW1.1 Sealing New Concrete
EW2.1 Intersection - Colored Concrete
EW2.2 Intersection - Standard Concrete
EA 11 8 19
LF 1295 110.7 1405.7
SY 745 34.4 779.4
SY 0 28.5 28.5
$200.00 $1,600.00
$50.00 $5,535.00
$65.00 $2,236.00
$300.00 $8,550.00
SF 0 43 43 $35.00
LF 20 -20 0 $4.80
SY 20 -20 0 $2.00
SY 105 -70.4 34.6 $95.00
$1,505.00
($96.00)
($40.00)
($6,688.00)
SY 115 76.4 191.4 $85.00 $6,494.00
SY 302.5 73.9 376.4 $70.00 $5,173.00
SY 8305 -8305 0 $2.20 ($18,271.00)
SY 8457 -8457 0 $8.20 ($69,347.40)
LF 6135 -875 5260 $2.50 ($2,187.50)
LF 1365 -100 1265 $5.50 ($550.00)
LF 280 -95 185 $22.00 ($2,090.00)
EA 17 -3 14 $350.00 ($1,050.00)
EA 0 4 4 $500.00 $2,000.00
EA 43 -43 0 $576.00 ($24,768.00)
LF 290 -290 0 $6.70 ($1,943.00)
LF 910 -910 0 $10.50 ($9,555.00)
LF 800 -800 0
$15.00 ($12,000.00)
LF 100 -100 0 $8.00
LF 511.2 411.2 922.4 $7.00
LF 195.7 95.7 291.4 $52.00
SY 0 -100 -100 $70.00
CY 541.7 16.7 558.4 $360.00
LF 4098.7 -706.5 3392.2 $2.30
SY 1358.8 5.4 1364.2 $2.75
SY 784.5 4.5 789 $95.00
SY 505 0.9 505.9 $85.00
($800.00)
$2,878.40
$4,976.40
($7,000.00)
$6,012.00
($1,624.95)
$14.85
$427.50
$76.50
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 $15,045.40 (Fifteen Thousand Forty Five Dollars and Forty Cents) to the Contract Amount
Contract Time - Add 19 calendar days to the Contract
STATEMENT OF CONTRACT AMOUNT:
ORIGINAL CONTRACT (WITH BID ADJUSTMENT)
PREVIOUS APPROVED CHANGE ORDERS
TOTAL THIS CHANGE ORDER
TOTAL OF ALL CHANGE ORDERS
CONTRACT AMOUNT TO DATE
Amount % Change Time
$1,172,613.69 0
$39,555.71 3.4% 0
$15,045.40 1.3% 19
$54,601.11 4.7% 19
$1,227,214.80 19
Sam Gaines Construction, Inc.
40 /0-31-e
Co or Date
Recommended by: 0-cD (1-I - l
City En i er Date
Verification of Encumbrance: %/ 418
Finan o(4 Director Date
1("--/e,Accepted by: l / l 6/P
Owner - City AdministratJ Mayor Date
Approved as to Form: / r / <7/3
Date
City Counselor
Change Order No. Four (4)
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
320 EAST McCARTY STREET
JEFFERSON CITY, MISSOURI 65101
ACCOUNT NO. 44-990-590070
Project No. 32146 Ord. No. 15776
Date: 11/1/2018
Job & Location: DOWNTOWN SPOT REPAIR, STREET OVERLAY, & ELECTRIC EXPANSION
Contractor: Sam Gaines Construction, Inc.
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
7 Sub Grade Stablization Ton 887.7 125 1012.7 $45.00 $5,625.00
27 Curb & Gutter (Remove & Repalce) LF 444.8 40 484.8 $60.00 $2,400.00
36 Sidewalk Ramp' Detectable Warnings SF 43 10 53 $35.00 $350.00
EW4.1 Traffic Control, SWPPP Compliance, LS 0 1 1 $2,000.00 $2,000.00
Other - Miller St.
EW4.2 8" wide Monolithic Curb (Remove & LF 0 400 400 $20.00 $8,000.00
Replace) - Miller St.
EW4.3 8" thick Concrete Street (Remove & SY 0 450 450 $110.00 $49,500.00
Replace) - Miller St.
EW4.4 4" thick Sidewalk (Remove & Replace) - SY 0 16 16 $75.00 $1,200.00
Miller St.
EW4.5 6" thick Sidewalk Ramp (Remove & SY 0 3 3 $300.00 $900.00
Replace) - Miller St.
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 $69,975.00 (Sixty Nine Thousand Nine Hundred Seventy Five Dollars and No Cents) to the
Contract Amount
Contract Time - Add 21 calendar days to the Contract
STATEMENT OF CONTRACT AMOUNT:
ORIGINAL CONTRACT (WITH BID ADJUSTMENT)
PREVIOUS APPROVED CHANGE ORDERS
Amount % Change Time
$1,172,613.69 0
$54,601.11 4.7% 19
TOTAL THIS CHANGE ORDER
TOTAL OF ALL CHANGE ORDERS
CONTRACT AMOUNT TO DATE
$69,975.00 6.0% 21
$124,576.11 10.6% 40
$1,297,189.80 40
Sam Gaines Construction, Inc.
Recommended by:
Verification of Encumbrance:
Accepted by:
Approved as to Form:
City Engiq¢er
Finance Director
ea/0AI,
Owner - City Administrator / Mayo
City ,C selor
Date
f
Date
11- as -j
Date
Date
-Chang
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
320 EAST MctARTY STREET
JEFFERSON CITY, MISSOURI 65101
ACCOUNT NO. 44-990-590070
refer No. Fi - 5) P -re.- t -No-.- 321-46 --Ord.- e 1-57-76 Date:.
DOWNTOWN SPOT REPAIR, STREET OVERLAY, & ELECTRIC EXPANSION
Sam Gaines Construction, Inc.
Job & Location:
Contractor:
12/
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
EW5.1 6" thick Bike/Shelter Pad - Miller St. LS 0 1 1 $1,500.00 $1,500.00
7 Sub Grade Stablization Ton 887.7 -125 762.7 $45.00 ($5,625.00)
27 Curb & Gutter (Remove & Repalce) LF 477.3 -7.5 469.8 $60.00 ($450.00)
45 Markings; 4" wide LF 5675 415 6090 $2.50 $1,037.50
EW4.2 8" wide Monolithic Curb (Remove & LF 400 9.2 409.2 $20.00 $184.00
Replace) - Miller St.
EW4.3 8" thick Concrete Street (Remove & SY 450 8.4 458.4 $110.00 $924.00
Replace) - Miller St.
EW4.4 4" thick Sidewalk (Remove & Replace) - SY 16 -1.5 14.5 $75.00 ($112.50)
Miller St.
EW4.5 6" thick Sidewalk Ramp (Remove & SY 3 -0.2 2.8 $300.00 ($60.00)
Replace) - Miller St.
CONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES:
1/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 - Deduct $2,602.00 (Two Thousand Six Hundred Two Dollars and No Cents) from the Contract Amount
Contract Time - There is no change to the Contract Time
STATEMENT OF CONTRACT AMOUNT:
ORIGINAL CONTRACT (WITH BID ADJUSTMENT)
PREVIOUS APPROVED CHANGE ORDERS
TOTAL THIS CHANGE ORDER
TOTAL OF ALL CHANGE ORDERS
DATE—
Amount
$1.172.013.68
$124.570.11
-$2 602.00
$121974.11
$1.294 5[-7]80
% Change Time
0
10.6% 40
-0.2% 0
10.4% 40
4-0
Sam Gaines Construction, Inc.
Recommended by:
Verification of Encumbrance:
Accepted by:
Approved as to Form:
.��
City Engine
Finance
ector
Owner - City Administrator / ^^or�
City Counselor
Date
Date
1
Date
Date
Date
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
320 EAST McCARTY STREET
JEFFERSON CITY, MISSOURI 65101
ACCOUNT NO. 62-620-542020
Change Order No. (6) Project No. 32146 Ord. No. 15776 Date: 1/7/2019
Job & Location: DOWNTOWN SPOT REPAIR, STREET OVERLAY, & ELECTRIC EXPANSION
Contractor: Sam Gaines Construction, Inc.
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
27 Curb & Gutter (Remove & Repalce) LF 469.8 359.8 829.6 $60.00 $21,588.00
41 Street Patch; Concrete (Remove & SY 376.4 22.5 398.9 $70.00 $1,575.00
Repalce)
EW1.1 Sealing New Concrete SY 1364.2 68.4 1432.6 $2.75 $188.10
EW3.2 Sidewalk; Colored/Patterned Concrete, SY 68.4 68.4 136.8 $85.00 $5,814.00
Lot 3
EW3.3 Caulking (Remove & Replace), Lot 3 LS 1 1 2 $2,880.00 $2,880.00
EW3.4 Traffic Control & Other, Lot 3 LS 1 1 2 $500.00 $500.00
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 $32,545.10 (Thirty Two Thousand Five Hundred Forty Five Dollars and Ten Cents) to the
Contract Amount
Contract Time - There is no change to the Contract Time
STATEMENT OF CONTRACT AMOUNT:
ORIGINAL CONTRACT (WITH BID ADJUSTMENT)
PREVIOUS APPROVED CHANGE ORDERS
TOTAL THIS CHANGE ORDER
TOTAL OF ALL CHANGE ORDERS
CONTRACT AMOUNT TO DATE
Amount % Change Time
$1,172,613.69 0
$121,974.11 10.4% 40
$32,545.10 2.8% 0
$154,519.21 13.2% 40
$1,327,132.90 40
Sam Gaines Construction, Inc.
Recommended by:
Verification of Encumbrance:
Accepted by:
Approved as to Form:
QJ
City Eng
Finan
eer
Director
1-7-/g
Date
Date
Date
Date
Change Order Information Project #32146
No. Date Amount this Amount Since Council Approved
Signed C.O. Council Approval Amount
% Change from Council
Approved Amount
1 06/05/18 $14,585.71 $14,585.71 $1,172,613.69
2 06/14/18 $24,970.00 $39,555.71 $1,172,613.69
3 11/06/18 $15,045.40 $54,601.11 $1,172,613.69
4 11/20/18 $69,975.00 $124,576.11 $1,172,613.69
1.2%
3.4%
4.7%
10.6%
5 01/04/19 -$2,602.00 -$2,602.00 $1,297,189.80
6 Pending $32,545.10 $29,943.10 $1,297,189.80
-0.2%
2.3%
Notes:
* City Council approved project contract on 03/20/2018 for $1,172,613.69 (Ord # 15776)
* City Council approved Change Order #4 under consent agenda items on 11/19/18
The Mayor signed Change Order #4 on 11/20/2018
Change Order No.
Job & Location:
Contractor:
(7)
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
320 EAST McCARTY STREET
JEFFERSON CITY, MISSOURI 65101
ACCOUNT NO.
Project No. 32146 Ord. No.
15776 Date:
DOWNTOWN SPOT REPAIR, STREET OVERLAY, & ELECTRIC EXPANSION
Sam Gaines Construction, Inc.
10/21/2019
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.
Item
No.
7
Description
Sub Grade Stablization
27 Curb & Gutter (Remove & Repalce)
28 Curb & Gutter; Exp. Agg. (Remove &
Repalce)
41 Street Patch; Concrete (Remove &
Repalce)
45 Markings; 4" wide
46 Markings; 6" wide
47 Markings; Stop Bar
49 Markings; Accessible Symbol
32R Revised - Sidewalk; Colored/Patterned
Strip (Remove & Replace)
EW1.1 Sealing New Concrete
EW3.2 Sidewalk; Colored/Patterned Concrete,
Lot 3
EW3.3 Caulking (Remove & Replace), Lot 3
EW3.4 Traffic Control & Other, Lot 3
EW7.1 Step Work at 111-113 E. High St.
EW7.2 Markings; 4" wide, thermoplastic to
acrylic yellow
EW7.3 Markings; 4" wide, acrylic yellow
Unit
Ton
Quantity in Revised Amount of
Quantity in Change Contract Overrun or
Contract Order Quantity Unit Price Underrun
950.9 63.2 1014.1 $45.00 $2,844.00
LF 829.6 -352.3 477.3 $60.00 ($21,138.00)
LF 1024.1 -13.7 1010.4 $75.00 ($1,027.50)
SY 398.9 -22.5 376.4 $70.00 ($1,575.00)
LF 2577.3 -3097.7 -520.4 $2.50
LF 1230 -35 1195 $5.50
LF 186 1 187 $22.00
EA 4 -4 0 $500.00
LF 1499 93.3 1592.3 $50.00
SY 1432.6 -73.8 1358.8 $2.75
SY 136.8 " -68.4 68.4 $85.00
LS 2 -1 1 $2,880.00
LS 2 -1 1 $500.00
LS 0 1 1 $500.00
LS 0 2364 2364 $1.85
($7,744.25)
($192.50)
$22.00
($2,000.00)
$4,665.00
($202.95)
($5,814.00)
($2,880.00)
($500.00)
$500.00
$4,373.40
LS 0 806 806 $1.25 $1,007.50
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 - Deduct $29,662.30 ( Hundred Twenty Nine Thousand Six Hundred Sixty Two Dollars and Thirty
Cents) from the Contract Amount
Contract Time - There is no change to the Contract Time
STATEMENT OF CONTRACT AMOUNT:
Amount % Change Time
ORIGINAL CONTRACT (WITH BID ADJUSTMENT) $1,172,613.69 0
$154,519.21 13.2% 40
PREVIOUS APPROVED CHANGE ORDERS
TOTAL THIS CHANGE ORDER
TOTAL OF ALL CHANGE ORDERS
CONTRACT AMOUNT TO DATE
Sam Gaines Construction, Inc.
Recommended by:
Verification of Encumbrance:
Accepted by:
Approved as to Form:
-$29,662.30 -2.5% 0
$124,856.91 10.6% 40
Contractor
$1,297,470.60 40
/49-1z -/9
Date
(p-2 - t9
City Engin-er A Date
Financ- Director
Owner - City Administrat
City Co
selor
/1/i (iy
Date
Date
/0 ,'--
Date