HomeMy WebLinkAboutChange Order No. 4, Water Reclamation Facility Phase 1, Williams Brother Construction s
1 1 MORRISON CHANGE ORDER
s
e lai MAIERLE. ht. No. 4
DATE OF ISSUANCE January 28, 2010 EFFECTIVE DATE October 30, 2009
OWNER City of Bozeman CONTRACTOR Williams Brother Construction LLC
Contract: Bozeman WRF Phase 1 Improvements
Project: Bozeman Water Reclamation Facility OWNER's Contract No. SRF C303105-01
ENGINEER HDR/MMI ENGINEER's Contract No. 00.40746
You are directed to make the followin g changes m the Contract Documents:
Description: Implement revised wage rates.
Reason for Change Order: Required for Owner to obtain adequate funding for project.
Attachments: Change Order No. 4 Summary with referenced attachment.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price Original Contract Times:
Substantial Completion: October 5, 2011
36,362,233.00 Ready for final payment: January 8, 2012
(days or dates)
Net Increase (Decrease) from previous Change Net change from previous Change Orders No. JL to
Orders No. 0 to 3 No. 3
Substantial Completion: 0
(209,295.24) Ready for final payment: 0
(days)
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion: October 5, 2011
36,152,937.7 6 Ready for final payment: January 8, 2012
(days or dates)
Net increase (decrease) of this Change Order: Net increase (decrease) this Change Order:
Substantial Completion: 0
300,000.00 Ready for final payment: 0
(days)
Contract Price with all approved Change Orders: Contract Times with all approved Change Orders:
Substantial Completion: October 5, 2011
36,452,937.76 Ready for final payment: January 8, 2012
(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 n -ss expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein
represents t o and value for the subject work performed and the materials supplied under the terms of the
contract a 1p. vork quantities and value were properly determined and are correct.
a l
i CTOR (Authorized Signature) Date
RECOMMENDED BY 0 tO BY:
41" 2 0
2 -1040
(EN EER Signature) Date OWNER (Authorized Signature) Date
EJCDC 1910-8-B (1996 Edition
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the
Construction Specifications Institute.
Change Order No. 4
Bozeman Water Reclamation Facility, Phase 1 Improvements
Summary
This change order consists of modifying wage rates for the project as required by the funding
agency in order for the Owner to obtain adequate funding for the project.
Wage Rates
Bids for the project were opened on October 1, 2008 and bid with Montana Prevailing Wage
Rates. The rates in place for the Contract are Montana Statewide Prevailing Heavy
Construction Wage Rates with an Effective Date of July 18, 2008. This change implements
Federal Davis Bacon Rates Heavy Construction Projects, General Decision MT080001,
Modification 5, published on August 15, 2008. The revised wage rates are attached to this
change order.
Effective Date
The effective date for implementation of the new wage rates is October 30, 2009.
Ending Date
The wage rates implemented by this change shall stay in place for the remainder of the Contract
unless the Owner notifies the Contractor otherwise as the funding agency may modify this wage
rate requirement in the future. If the Owner notifies the Contractor to re- implement` the original
wage rates, the Owner will continue to pay the wage differential for two one week long pay
periods following notification in order to allow time for the Contractor to notify its employees.
Method of Determining Compensation
Compensation shall be based on actual cost incurred by the Contractor along with applicable
cost allowances allowed by the Contract. The Contractor shall submit with each pay request, or
on a regular routine basis, a summary of each employee that is impacted by the rate change.
The summary shall show for each impacted employee the total hours worked, the employee's
classification and the wage differential being paid. A detailed summary shall also be provided
for each subcontractor. The wage differential will only be paid on employees whose pay rate is
impacted by implementation of the revised rates, for employees who have historically, based on
the record of certified payrolls, been paid at a rate equal to or higher than the revised rates no
compensation will be provided the Contractor. In cases where the revised rates result in a lower
cost for the Contractor, the Owner will be entitled to these savings if the Contractor incurs these
saving by paying employees at the lower rate.
Estimate Cost of Change
For the sole purpose of estimating the impact of this change on the Cost of the work, the
estimated cost of the Change is $300,000.00. Actual costs will be based on actual costs to the
Contractor as stated in the method of determining compensation.
End
N:\2105\054\Construction Docs \Change Orders \GO 4 \Change Order 4 Summary .docx
MT080001 MOD 5 REVISED 10/03/08 MT1
THIS WAGE DETERMINATION WAS REPLACED ON 10/03/08********
General Decision Number: MT080001 08/15/2008
Superseded General Decision Number; MT20070001
State: Montana
Construction Type: Heavy
Counties: Montana Statewide.
HEAVY CONSTRUCTION PROJECTS
ZONE DEFINITIONS
CARPENTERS, *CEMENT MASONS, LABORERS, AND TRUCK DRIVERS
The zone hourly rates applicable to each project shall be
determined by measuring the road miles over the shortest
practical maintained route from the nearest County Court House
of the folowing listed towns to the center of the job:
BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA,
KALISPELL, LEWISTOWN, MILES CITY, MISSOULA
Zone 1: 0 to 30 miles Base Pay
Zone 2: 30 to 60 miles Base Pay $2.95
Zone 3: Over 60 miles Base Pay $4.70
*CEMENT MASONS ZONES: The above cities plus DILLON, GLASGOW,
GLENDIVE, SIDNEY
Modification Number Publication Date
0 02/08/2008
1 03/28/2008
2 05/16/2008
3 06/20/2008
4 07/11/2008
5 08/
CARP0028-002 05/01/2007
Rates Fringes
Carpenters: (Zone 1)
Carpenter Pilebuck... 22.00 8.40
MILLWRIGHT 24.00 8.40
CARP0028-004 06/01/2006
Rates Fringes
Diver Tender 27.2 7.80
Diver 56.54 7.80
DEPTH PAY (Surface Diving)
050 to 100 feet $2.00 per foot
101 to 150 feet $3.00 per foot
151 to 220 feet $4.00 per foot
221 ft deeper $5.00
ELEC0044-001 09/01/2007
BEAVERHEAD, BIG HORN, BLAINE, BROADWATER, CARBON, CARTER,
CASCADE, CHOUTEAU, CUSTER, DANIELS, DAWSON, DEER LODGE, FALLON,
FERGUS, GALLATIN, GARFIELD, GLACIER, GOLDEN VALLEY, GRANITE,
HILL, JEFFERSON, JUDITH, BASIN, LEWIS AND CLARK, LIBERTY,
MADISON, MCCONE, MEAGHER, MINERAL, MISSOULA, MUSSELSHELL, PARK,
PETROLEUM, PHILLIPS, PONDERA, POWDER RIVER, POWELL, PRAIRIE,
RAVALLI, RICHLAND, ROOSEVELT, ROSEBUD, SHERIDAN, SILVER BOW,
STILWATER, SWEET GRASS, TETON, TOOLE, TREASURE, VALLEY,
WHEATLAND, WIBAUX, AND YELLOWSTONE COUNTIES
Rates Fringes
Line Construction
(1) Lineman 32.12 11.88
(2) EgnipMent Operator....-.$ 23.82 10.95
(3) Experienced Groundman...$ 19.36 10.33
ELECO233-001 06/01/2008
Blaine, Broadwater, Cascade, Chouteau, Fergus, Glacier, Hill,
Judith Basin, Lewis Clark, Liberty, Meagher, Petroleum,
Phillips, Pondera, Teton, Valley, and Wheatland Counties
Rates Fringes
ELECTRICIAN........ 27.26 4.25%+8.55
ELECO233-002 08/01/200
BEAVERHEAD, DEER LODGE,GRANITE, JEFFERSON, MADISON, POWELL, AND
SILVER BOW COUNTIES
Rates Fringes
ELECTRICIAN 25.50 4.25%+9.20
ELECO532-001 06/01/2008
GALLATIN, PARK, AND SWEET GRASS COUNTIES
Rates Fringes
ELECTRICIAN 26 4.25%+8.40
ELECO532-003 06/01/2008
BIG HORN, CARBON, CARTER, CUSTER, DANIELS, DAWSON, FALLON,
GARFIELD, GOLDEN VALLEY, McCONE, MUSSELSHELL, POWDER RIVER,
PRAIRIE, RICHLAND, ROOSEVELT, ROSEBUD, SHERIDAN, STILLWATER,
TREASURE, WIBAUX AND YELLOWSTONE COUNTIES
Rates Fringes
ELECTRICIAN 26.83 4.25%+9.39
ELEC0768 03/01/2008
FLATHEAD, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI, AND
SANDERS COUNTIES
Rates Fringes
ELECTRICIAN 27.10 10.71
ELEC0768-003 07/02/2007
FLATHEAD, LAKE, AND LINCOLN COUNTIES
Rates Fringes
Line Construction
(1) Lineman.................$ 32.60 12.01
(2) Groundman 19.49 11.01
(3) Line Equipment OPerator.$ 24.16 11.41
(4) Tree Trimmer 26.11 11.58
ENG10400-001 05/01/2008
Rates Fringes
Power Equipment Operator
(Zone 1)
Group 1 22.47 9.05
Group 2 22.94 9.05
Group 3......,.. 23.34 9.05
Group 4 24.00 9.05
Group 5......... 24,50 9.05
Group 6... 25.60 9.05
Group 26.10 9.05
ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS:
The zone hourly rates applicable to each project shall be
determined by measuring the road miles over the shortest
practical maintained route from the nearest County Court
House of the folowing listed towns to the center of the job:
BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL,
MISSOULA
Zone 1: 0 to 30 miles Base Pay
Zone 2: 30 to 60 miles Base Pay $3.50
Zone 3: Over 60 miles Base Pay $5.50
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Air Compressor; Auto Fine Grader; Belt Finishing
Machine; Boring Machine, small; Cement Silo; Crane, A-Frame
Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor
Roller; Farm Tractor; Forklift; Form Grader; Front-end
Loader under 1 cu yd; Heavy Duty Drills; Herman Nelson
Heater; Mulching Machine; Oiler, all except Cranes.
Shovels; Pumpman.
GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to and
including 3 cu yd; Bit Grinder; Bituminous Paving Travel
Plant; Boring Machine, large; Broom, self-propelled;
Concrete Travel Batcher; Concrete Float Spreader;
Concrete Bucket Dispatcher; Concrete Finish Machine;
Concrete Conveyor; Distributor; Dozer, Rubber- Tired, Push
Side Boom; Elevating Grader/Gradall; Field Equipment
Serviceman; Front-end Loader 1 cu yd to including 5 cu yd;
Grade Setter; Heavy Duty Drills, all types; Hoist/Tugger,
all; Hydralift similar; Industrial Locomotive; Motor
Patrol, except Finish; Mountain Skidder; Oiler Cranes
Shovels; Pavement Breaker, EMSCO; Power Saw,
self-propelled; Pugmill; PumPcrete/Grout Machine; Punch
Truck; Roller, other than Asphalt; Roller, Sheepsfoot,
self- propelled; Roller, 25 tons and over; Ross Carrier;
Rotomill under 6 ft; Trenching Machine; Washing/Screening
Plant.
GROUP 3: Asphalt Paving Machine; Asphalt Screed;
Backhoe/Excavator/Shovel over 3 cu yd; Cableway Highline;
Concrete Batch Plant; Concrete Curing Machine; Concrete
Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24
tons and under; Curb Machine/Slip Form Paver; Finish Dozer;
Front Loader over 5 cu yd; Mechanic/Welder; Pioneer
Dozer; Roller, Asphalt (Breakdown Finish); Rotomill, over
6 ft; Scraper, single, twin, or pulling Belly Dump; Yo-Yo
Cat.
GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to 44
tons; Crusher Operator; Finish Motor Patrol; Finish Scraper.
GROUP 5: Cranes, 45 tons to including 74 tons;
GROUP 6: Cranes, 75 tons to including 149 tons; Crane,
Whirley (all).
GROUP 7: Cranes, 150 tons to including 250 tons (add $1.00
for every 100 tons over 250 tons); Crane, Stiff or
Derrick; Helicopter Hoist; Crane, Tower (all).
IRON001 0
FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA, AND
SANDERS COUNTIES
Rates Fringes
IRONWORKER 23.17 14.70
IRON0841-002 07/01/2005
REMAINING COUNTIES
Rates Fringes
IRONWORKER....... 20.45 12.76
LAB00098-001 05/01/2005
Rates Fringes
Laborers: (Zone 1)
Group 1 15.17 5.90
Group 2 17.99 5.90
Group 3 18.13 5.90
Group 4 18.85 5.90
LABORERS CLASSIFICATIONS
GROUP 1: Flagperson
GROUP 2: All General Labor work; Burning Bar; Bucket man;
Carpenter Tender; Caisson Worker; Cement Mason Tender;
Cement Handler (dry); Chuck Tender; Choker Setter; Concrete
worker; Curb Machine-Lay Down; Crusher and Batch worker;
Fence Erector; Form Setter; Form Stripper; Heater Tender;
Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender;
Rail and Truck Loaders and Unloaders; Riprapper; Sealants
for concrete and other materials; Sign Erection, Guard Rail
and Jersey Rail; Stake Jumper; Spike Driver; Signalman;
Tail Hoseman; Tool Checker and Houseman; Traffic Control
worker.
GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment
Handler; Geotextile and Liners; High-Pressure Nozzleman;
Jackhammer (Pavement Breaker); Laser Equipment; Non-Riding
Rollers; Pipelayer; Posthole Digger (Power); Power Driven
Wheelbarrow; Rigger; Sandblaster; Sod Cutter
Tampers; Creosote Handler
GROUP 4: Asphalt Raker; Asbestos Laborer; Cutting Torch;
Grade Setter; Hazmat Worker; High- Scaler; Power Saws
(Faller Concrete); Powderman ($1.00 per hour above Group
4 rate); Rock Core Drill; Tank/Vessel Cleaner; Track or
Truck mounted Wagon Drill; Welder including Air Arc
PAINO260-001 07/01/2002
BLAINE, BROADWATER, CASCADE, CHOUTEAU, DANIELS, FERGUS,
GARFIELD, GLACIER, GRANITE (South of a line running East West
through the Southern city limits of Phillipsburg), HILL,
JEFFERSON, JUDITH BASIN, LEWIS AND CLARK, LIBERTY, McCONE,
MEAGHER, PETROLEUM, PHILLIPS, PONDERA, POWELL (South of a line
running East West through the Southern City limits of
Helmsville), RICHLAND, ROOSEVELT, SHERIDAN, TETON, TOOLE,
VALLEY, AND WHEATLAND COUNTIES
Rates Fringes
PAINTER....... 13.85 1%+3.45
PAINO260-002 07/01/2002
FLATHEAD, GRANITE (North of a line running East West through
the Southern city limits of Phillipsburg), LAKE, LINCOLN,
MINERAL, MISSOULA, POWELL (North of a line running East West
through the Southern city limits of Helmsville), RAVALLI, AND
SANDERS COUNTIES
Rates Fringes
PAINTER 16.85 1%+3.45
PAIN1922-001 06/01/2001
BEAVERHEAD, BIG HORN, CARBON, CARTER, CUSTER, DAWSON, DEER
LODGE, FALLON, GALLATIN, GOLDEN VALLEY, JEFFERSON, MADISON,
MUSSELSHELL, PARK, POWDER RIVER, PRAIRIE, ROSEBUD, SILVER BOW,
STILLWATER, SWEET GRASS, TREASURE, WIBAUX, AND YELLOWSTONE
COUNTIES
Rates Fringes
PAINTER (Industrial, includes
industrial plants, tanks,
Pipes, bridges)..•. 17.80 7.63
PLAS0119-001 05/01/2008
STATEWIDE (except Deer Lodge, Jefferson, Powell, and Silver Bow
Counties)
Rates Fringes
Cement Masons: (Zone 1)
Area 18.83 6.96
Area 2 20.24 6.86
AREA 1: STATEWIDE (except Deer Lodge, Jefferson, Powell, and
Silver Bow Counties)
AREA 2: DEER LODGE, JEFFERSON, POWELL, AND SILVER BOW
COUNTIES
PLUM0030-003 09/01/2007
BIGHORN, BLAINE, CARBON, CARTER, CASCADE, CHOUTEAU, CUSTER,
DANIELS, DAWSON, FALLON, FERGUS, GARFIELD, GLACIER, GOLDEN
VALLEY, HILL, JUDITH BASIN, LIBERTY, McCONE, MEAGHER,
MUSSELSHELL, PETROLEUM, PHILLIPS, PONDERA, POWDER RIVER,
PRAIRIE. RICHLAND, ROOSEVELT, ROSEBUD, SHERIDAN, STILLWATER,
TETON, TOOLE, TREASURE, VALLEY, WHEATLAND, WIBAUX AND
YELLOWSTONE COUNTIES
Rates Fringes
PLUMBER
Commercial 26.05 12.65
Industrial Power
Generating Plants. 28.40 12.65
PLUM0041-001 07/01/2008
BEAVERHEAD, BROADWATER, DEER LODGE, GALLATIN, GRANITE,
JEFFERSON, LEWIS AND CLARK, MADISON, PARK, POWELL, SILVER BOW,
AND SWEET GRASS COUNTIES
Rates Fringes
PLUMBER 28.00 10.75
PLUM0459-001 05/01/2008
FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI,
AND SANDERS
Rates Fringes
PLUMBER...... 26.36 11.05
TEAM0002-001 06/01/2004
Rates Fringes
Truck drivers: (Zone 1)
Group 1 14.14 5.92
Group 2 18.84 5.92
TRUCK DRIVERS CLASSIFICATIONS:
GROUP 1: Pilot Car
GROUP 2: All Combination Trucks and Concrete Mixers;
Distributor Driver; All Dry Batch Trucks; Dumpman, Gravel
Spreader Box Operator; All Dump Trucks and similar
equipment including DW 20, DW 21, or Euclid Tractor:
Dumpsters; Flat Trucks; Servicemen; Lowboys, Four-Wheel
Trailers; Float Semi-Trailer; Lumber Carriers, Lift Trucks
Fork Lifts; Pick-up Driver hauling material; Powder
Truck (Bulk Unloader type); Power Boom; Service Truck
Dirvers, Fuel Truck Drivers, Tiremen; All Water Tank
Drivers; Petroleum Products Drivers; Trucks with Power
Equipment such as Winch, A-Frame Truck, Crane, Hydralift,
Gout-Crete Truck, and Combination Mulching, Seeding
Fertilizing Truck; Truck Mechanic
WELDERS Receive rate prescribed for craft performing
aperation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) if the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
d
t9.
v CO.
COMMISSION RESOLUTION NO. 4241
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING ALTERATION /MODIFICATION OF CONTRACT
WITH WILLIAMS BROTHER CONSTRUCTION, LLC., BILLINGS,
MONTANA.
WHEREAS, the City Commission did, on the 10th day of November 2008, authorize award of the
bid for the Bozeman Water Reclamation Facility Phase I Improvements project, to Williams Brother
Construction, LLC., Billings, Montana; and
WHEREAS, Section 7 -5 -4308, Montana Code Annotated, provides that any such alterations or
modifications of the specifications and /or plans of the contract be made by resolution; and
WHEREAS, it has become necessary in the prosecution of the work to make alterations or
modifications to the specifications and /or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a
municipal corporation, and Williams Brother Construction, LLC., as contained in Change Order No. 4,
attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed
to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and
directed to attest such signature.
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Resolution No. 4241, Change Order 4 for WRF
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 8th day of February 2010.
Jr pi r SUSS
or
ATE
City 9r *(0
APPROVED AS TO FORM:
I■Ow,
GRE •l. LIVAN
City Attorney
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