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HomeMy WebLinkAbout07- Change Order Durston Road Reconstruction N 7th to N 19th, 2006 H:\02\M229129\ConstAdmin\Work Directives & Change Orders\CO-2.doc CHANGE ORDER No. 2 DATE OF ISSUANCE 12/21/2006 EFFECTNE DATE OWNER City of Bozeman Contract: Project: Durston Road Reconstruction - N 7th to N 19th ENGINEER HKM Engineering, Inc. CONTRACTOR JTL Group. Inc- Belgrade OWNER's Contract No. ENGINEER's Contract No. 02M229.129 You are directed to make the following changes in the Contract Documents: Add 25 calendar days to Durston Road reconstruction - N th to N I1h Description: Additional time requested by JTL, Inc. Reason for Change Order: Contract time extension for utility and weather delays Attachments: (List documents supporting change) JTL letters dated 10/24/26 and 10/26/06, HKM letter dated 11/29/06 CHANGE IN CONTRACT PRICE: Original Contract Price $ 2,306,869.95 Net Increase (Decrease) from previous Change Orders No. N/A to N/A $ 5,535.00 Contract Price prior to this Change Order: $ 2,312,404.95 Net increase (decrease) of this Change Order: $ 0.00 Contract Price with all approved Change Orders: $ 2,312,404.95 CHANGE IN CONTRACT TIMES: Original Contract Times: 120 days Substantial Completion: 10/23/06 Ready for final payment: Calendar Days (days or dates) Net change from previous Change Orders No.--Lto No. 1 : 1day Substantial Completion: 10/24/06 Ready for final payment: Per General Conditions (days) Contract Times prior to this Change Order: 1 day Substantial Completion: 10/18/2006 Ready for final payment: Per General Conditions (days or dates) Net increase (decrease) this Change Order: 25 days Substantial Completion: 11/18/2006 Ready for final payment: Per General Conditions (days) Contract Times with all approved Change Orders: 146 days Substantial Completion: 11/18/2006 Ready for final payment: Per General Conditions (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed- upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. ~ ILg~ CONTRACTOR (Authorized Signature) RECOMMENDED BY:HKM Engineering, Inc. 12. ~ Zl -Db Date /~~-o7 Date APPROVED ~\) ~ity ~B,?:eman C~A.~ OWNER (Authorized Signature) Page 1 1/3-o(Dr ( Date /;2.MZZ"t./2.4 ~ ,.. '''''-' ......- ,",- .,.,-,,~.., II .. ""/'0:- ___h ",->-~g",,,,,,,,,,",,:_,,,. ''',' , ,""''''''d'__'__' '...,._,_"""__,'" ",__ "" __ .... ..- ""',' , ."..... .'-,-.,.....,,- ',.-. "- ..... . (406) 388-6832.21730 FRONTAGE ROAD. P.O. BOX 9. BELGRADE, MONTANA 59714 October 24, 2006 Zach Lowe P.E. / Ralph Gurney P.E. HKM Engineering Inc. 222 North 32nd Street, Suite 700 Billings, MT 59107 RE: Durston Road Reconstruction North ih Avenue to North 19th Avenue ZachlRalph, JTL Group Inc. is requesting additional contract time due to utility conflicts on the above referenced proj ect. Once we had completed the asphalt removal on the first section of the project we began clearing and grubbing operations. At this time we could begin to see the utility conflicts and we put our first call in to the utility companies on July 5th 2006. On July 6th, 2006 NW Energy told us they would be able to remove light poles on the south side of Durston starting on July 10th and that they would be able to start relocating the power poles in conflict on the north side of Durst on in a week or two. At the time of this letter those power poles are still in conflict with our work. On August 31 S\ NW Energy moved gye wires that are in the curb line. On September ih NW Energy said they would be in next week to start moving their facilities out of the way. On September 25th we asked NW Energy when they would be moving their poles at 11 th and Durston they could not give us a time frame. On September 2ih we called NW Energy three times and left two messages, we received no return call. On October 10th NW Energy showed up to start extending conduits on the south side of Durst on so we could pour sidewalks. On October 13th NW Energy showed up and moved one pole on the south side of Durston by the end of the day, they still have one more pole on the south side of Durston to move and all of the poles along the north side of Durston to relocate. There are still poles in the curb line and we had to leave portions of curb and gutter out so we could move forward with the project. On the morning of July 14th an existing water line fitting came apart during fire hydrant replacement operations. Approximately Y2 of the flange on the existing fitting had been worn away by leaking water. The resulting flood and cleanup work cost us one contract day. WE ARE AN EQUAL OPPORTUNITY EMPLOYER On July 19th our pot holing operations were slowed due to inaccurate locates of power and TV. Also on this day we found that the existing power line runs in the same alignment as the new storm drain. On July 21 5t this section of power line was relocated. This conflict affected our operations for three contract days On July 20th we started laying storm drain in a different direction and ran into more conflicts with TV and power. NW Energy lowered part of the conflicting power line on July 21 5t and said they would be back on July 26th to lower the other conflicting power line and install some conduits. July 20th to July 26th is a delay of seven contract days On July 26th we were able to install the storm drain between 16th and 1 ih Avenue where NW Energy had relocated their power lines. Also at this time our subcontractor who was installing storm drain near 18th Avenue found three areas where the existing gas line was in conflict with the new work. On July 2ih NW Energy started relocating gas line. On July 28th NW Energy did not show up to work on relocating gas line. On July 31 5t the gas line is still in conflict and the storm drain is still not completed by 18th Avenue. On August 15t NW Energy finished relocating the gas line that was in conflict with our storm drain near 18th Avenue. July 26th to August 15t is a delay of eight contract days on our schedule plus the time lost due to inefficient work practices required to keep progressing on the project. On July 28th we had to stop laying storm drain due to a conflict with an existing gas service near the rest home. On July 31 5t we were still waiting for the gas line to be relocated so we can finish the storm drain here. This portion ofthe work was delayed at least four contract days. On August 4th we had to adjust the installation elevation of a new storm drain inlet down approximately 1- foot in order to get the storm drain pipe from that inlet to fit under the existing gas line. This is a delay of approximately Y2 of a contract day. On August 8th we started our hydrant relocation, storm drain and sub-excavation work at the intersection of 15th and Durston. This area has three runs of electrical lines, two gas lines and seven phone lines as well as water and sewer lines and four signal mast arms to deal with. We had to adjust the installation location of the new 84-inch manhole four feet to the south because it conflicted with the existing 10-inch water line. This forced us to adjust how the storm drain lines were installed. Even with moving the manhole there was still one gas line in conflict with the new storm drain line we contacted NW Energy about this conflict on August loth. On August 14th NW Energy raised one gas line so we could finish installing storm drain. Also on this day we found the existing electrical conduits in the intersection and the lines they carried to be above sub-grade while most of the other utilities were just inches below sub-grade. This work should have been completed by On August 2nd we had to expose two gas lines and one phone service in a 12- foot square area to remove a pipe. The pipe was under the existing gas line by Yz inch and a phone conduit was warped against the pipe requiring us to cut and crush the pipe to remove it. The new pipe was installed within 2-inches of the existing gas line. This required an additional Yz of a contract day. At this time these delays add up to over 37 contract days. In addition to these delays the City of Bozeman and the Engineer have continued to charge contract time even though utility conflicts are preventing us from working on critical path items. Contract time should have stopped on September 29th when the striping was substantially completed on the first phase of the project and we were no longer able to work on the large items ofthe project. JTL Group, Inc. protests the charging of any contract time while utilities are in conflict with our work. If you have any questions please call me at 388-6832 extension 19. ~ ;L;JJ Steven R. Baeth JTL Group, Inc. steve. baeth@itlgroup.com ~ ..."."'; oe" ~~"..':_',:"c.,,,,.,, . "'." '"," '- .'.'-,..<.....~..' . ,- -. . X)\~l-~</ T~"~- . (.ILj"!.l-'1.I~'1 @ (406) 388-6832.21730 FRONTAGE ROAD. P.O. BOX 9. BELGRADE, MONTANA 59714 October 26, 2006 Zach Lowe P.E.! Ralph Gurney P.E. HKM Engineering Inc. 222 North 321ld Street, Suite 700 Billings, MT 59107 RE: Durston Road Reconstruction North ih Avenue to North 19th Avenue ZachlRalph, JTL Group, Inc. is requesting weather days for the following: September 15,2006, rained out in afternoon, requesting Yz weather day for lost time. September 20, 2006, rained out in morning, requesting 1 weather day for lost time. September 21, 2006, rained out, only able to work 3 hours, requesting 1 weather day for lost time. September 22, 2006, rained out on paving, adjusted 3 manholes and 2 water valve boxes, requesting 1 weather day for lost time. As of September 29, 2006 we are requesting 3 12 weather days for the above referenced project. If you have any questions please call me at 388-6832 extension 19. ~ fLl3:;$ Steven R. Baeth JTL Group, Inc. steve. baeth(a~i t 19rou p. com WE ARE AN EQUAL OPPORTUNITY EMPLOYER ~ November 29,2006 H:\02\M229129\061129Ia4_sb.doc ~ Mc01esney Professional Building 601 Nikles Drive Suite 2 Bozeman, MT 59715 Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com JTL Group, Inc. attn: Mr. Steve Baeth P.O. Box 9 Belgrade, MT 59714 RE: Durston Reconstruction Project Request for Additional Contract Time & Winter Shutdown Dear Mr. Baeth, HKM has received your letters dated October 24th and 26th, 2006, requesting additional contract time and a winter shut-down. Your letter states several dates in which JTU s operations were delayed due to utility conflicts-in all, JTL is requesting an additional 37 contract days. First, it should be noted that the dates requested in your letter add up to 48 days. Secondly, this request for additional time is not in accordance with the Standard General Conditions of the Construction Contract; Section 1 0.05-Bstates that all claims need to be submitted in writing within 30 days-{}nly 2 of the requested days fall within this 30-day statute oflimitations. Thirdly, many of the utility delays outlined in your letter did not affect the critical path of the project or completely halt construction activities. HKM realizes that both Northwest Energy and Qwesfs tardiness in moving some of their utilities generally slowed JTUs operations on this project, as there are still items needing to be moved by Northwest Energy at the time of this letter. Section 12.03 of the Standard General Conditions of the Contract clearly states that the contractor is entitled to additional contract time due to delays out of their control-including utility companies (12.03-C). The dates listed below were generated from your Octoher 24 and 26 letters in addition to HKM's inspection records: · July 14: Water main break: and clean-up.............................................................. 1 day · July 19: Power line-storm main conflict..............................................................l day · July 20, 21: Power line-storm main conflict........................................................2 days · July 26, 28, 31: Gas line-storm main conflict......................................................3 days · August 2: Gas and phone utility conflicts with pipe removal.............................. Y2 day · August 8: STA 28+38 sewer service break.......................................................... 1 day · August 10, 11: Move STS Manhole STA 23+39.................................................2 days · August 14, 15: STA's 14+58,20+73,23+80, & 28+28 gas line conflicts ..........2 days · August 23, 24: ST A 26+ 1 0 gas line break:, ST A 25+20 sewer line hit ..............2 days · August 30, Sept. 4, 8-11: ST A 32+35, gasline, manhole conflicts......................5 days · September 9-11: NWE delays..............................................................................3 days · September 20-22: Rain Days(requested and granted in field) .............................2Y2 days Total 25 days BILUNGS, MONTANA 406.656.6399 Bum, MONTANA 406.723.8213 lof2 BUTTE LABORATORY MILES CITY. MONTANA 406.494.1502 406.234.6666 SHERIOAN. WYOMING 307.672.9006 LANOER, WYOMING 307.332.3285 The winter shut down date seems to be in question. In your October 24th letter, you request that the contract time be stopped on September 29. However, a schedule submitted by you to our office on October 12, shows the Winter Shutdown occurring on October 10. HKM's full-time inspection ended on Oct 4, but continued on a part-time basis for 8 consecutive days, and 5 periodic dates thereafter. In summary, HKM will forward this to the City of Bozeman recommending that a change order be drafted extending JTL's contract time by 25 days and issue a retroactive stop work order effective October 6, 2006. This would leave 43 days remaining on your contract to finish the second phase of this project. If you have any comments or questions, please do not hesitate to call our office. Sincerely, HKM: Engineering, Inc. tx:""~ ~~~ 4:ChLo{P.E. enclosures: JTL 10-24-06, 1 0-26~06 letters cc Bob Murray-City of Bozeman Engineering Dept.