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HomeMy WebLinkAbout06- North 19th Ave. & Valley Center Road, Change order 3 with JTL GroupChange Order No. 3 Date of Issuance: February 2 2006 Effective Date; Froject I Owner, Qwner's Contract Na North 19 Avenue & Valley C enter Road City of Bozeman Ciky Si #675, 676, 677 678 r ,..,..,,., ....., _ ....,. _.. UaLe of contract MDT Project N o, SID 1 (003) April 18, 2005 Contractor Engineer's Project No, JTL Group, Inc. B03 -0702 The Contract Documents are modified as follows upon execution of this Change Order: Description Work items include. Mobilization, Exploratory Digging, Electrical 'Service Upgrade, Steel Conduit- 53 nun Rigid, Interim signal configuration work„ Extra work on pull boxes, Conduit, Steel 41 rnm Rigid .for Schedule 2, CSPA (Fabrication, RCIIA fabrication and abandoning CMP with flowable Idl, Reason for C O rder; 1.) The electrical service (S -1) wiring diagram discovered in the Field varied from the detail in the plans. It was discovered that the electrical service for the traffic signal at N 19th Ave. and the 1 -90 East Bound Ramp and the luminaries at the On /Off Ramps were routed through the pull bores and conduit designated as remove and salvage and /or abandon in place. 2.) Montana Lines performed extra work to reconfigure the new signals at the intersection orN19th Avenue and Valley Center Road because they needed to operate with the original configuration until Valley Center Road was widened and the temporary pavement markings were added. 3.) Changes in pull box elevations and locations from the plans resulted in additional work for Montana Lines. 4.) The MDT ltem number and description for Conduit, Steel, 41 mm Rigid, was omitted in the Unit price schedule for Schedule 2 (SID 676). 5.) The CSPA fabrication reduced the amount of Class DD concrete needed for field cast connections, thus reducing the overall cost to the contract, 6.) A reduction in quantity for the RCPA 1650 mm CL2 reduced the overall cost to the contract. 7 ) The CMP at Station 81 +66 was filled with flowable fill and abandoned in- place. Attachments: (List documents supporting change): 1. Summary of Change Order 93. 2. JTL's letter from July 5, 2005 requesting a change order for the revisions to the electrical service (S-1). 2. JTL's letter from October 25, 2005 documenting the unit prices for the extra work for Change Order 43. 3, TD &H's letter on November 2, 2005 requesting revision and clarification for the additional work included in Change Order #3. 4. JTL's letter on December 19, 2005 responding to TD &H' s letter on November 2, 2005. 5. JTL's letter on December 19,2005 requesting payment for extra work on pull boxes. 6 JTL's letter on December 20, 2005 . requesting payment for extra .signal configuration work. 7. JTL's letter on February 1, 2006 detailing the changes in the CSPA pipe fabrication. S. JTL's letter on February 1, 2006 addressing the savings on flowable fill and abandon in -place for the CMP at station 81 +66. CHANGE IN CONTRACT PRICE: Original Contract Price: $4,356,024,10 [Increase] Decrease from previously approved Change Orders No. 1 ' (363 to No, 2 $48,824.75 S(315,152.25) Contract Price prior to this Change Order: L A - 040 , 871 .85 Increase [Decrease] of this Change Order: 17 166.46 Contract Price incorporating this Change Order S_4, 058, 038.31 CHANGE IN CONTRACT TIMES: Original Contract Times: ❑ Working days ® Calendar days Substantial completion (days or date): 270 calendar days Ready far final payment (days or date): NA [Increase] [Decrease]' from previously approved Change Orders No. to Substantial completion (days): -0- Ready for final payment (days): -0- Contract times prior to this Change Order: Substantial completion (days or date): 270 Ready for final payment (days or date): -0- [Increase] [Decrease] of this Change Order: Substantial completion (days or date): -0- Ready for final payment (days or date); NA Contract times with all approved Change Order: Substantial completion (days or date): 270 Ready for final payment (days or date): NA EJC:DC: No. C-441 (2002 Edition) Page 1 or 2 Associated C;enerul Conn'art Prepared 'b;: the Engineers' Joint Contract Dacnnlents Committee and endorsed by the r s of .America and the Construction Specifications ]nstilute. ... 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L'�-tikes and cagpvcs thrtt thcr'c rare rrr.x additional of c•luina.s fi-W (!VII t IVU;k crrdrdi emc d tirrrc (lcd(rt.4 e7r r7arut eiI items, nl apIV ua MI'C rti hatsoevc ,. ar mciated it *h Mc sa lyet chcmgc� e7I - rdc) ilelIis cvC )f ras itlelmIa c-cl ctaacl o lur`th he ivitr an (I m;h i��lnv,%s Iv wetted r,dt"p-wise> hT thcr C "Irern c� Oi rr - , Anrf lw - thcr, Mai the dnvt ta� a•c c� /- rrp(vn lic-ivin )vpivse�nt.� then firdl t�c.�t rrrlr! vatlate� jor - tlrc� sttlrrc'c`! t��t,rrl �7e�a�,� °a7a €rt and thc� ratGater¢ezls srrppl�c�cl trrtrlev th, teaWts o thy: c-ontrcrcr and that thc wo; trnd vcalttc ivc v PI and rtrc core v ct. t2EGOMMAEE D/ ACCE D ACCEPT By En Aut horiz d Signature) Owner (Authorized Signature} onlractor (Author ed Slgnatur Date: C Dale. kebruax 21, 2006 Date T=ECiS °7 C ' U Approved Funding Agency (if applicable) Date: E.1CDC No. C -941 (2002 Edition) Page'-) of 2 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the ys,ociated General Conti ol` :' merilca and the Coitstruetion Specilkations Institute. Change ���� *�^^�er Instructions A. GENERAL INFORMATION This document was developed to provide m uniform formed for handling contract changes that sffer| Contract Price pr Contract Times. Changes that have been initiated byu Work Change Directive must be incorporated into a subsequent Change Order if they affect Price orT�meo. Changes that affect Contract Price or Contract Times should be promptly covered by Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the AgnaemenL, any affect of e Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used, B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the horm, all copies should be sent to Owner u/Contractor for approval, depending on whether the Change Order iaa true order hz the Contractor nr the formalization of a negotiated agreement for n previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval, Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply, muCmurw41'20mxmfio�w Page a^rz Prepared br the m'g,m,/`' Joint Contract owu*,u/^ Comm and ~"m~ma^rthe 1sw6ated General Contractors of America and the Cons(ruction Specifications hisLitute. Summary of Change Order #3 1.) Service (S-1) upgrade and extra work to maintain power to the signal at the N 1 9th Avenue and 1-90 East Bound Ramp (SID 675) Non-Bid Items 2.) Extra work for signal configuration (SID 677) Non-Bid Items Description Quantity Price+5% Total Labor and Equipment 1.0 Each $1,050.00 $1,050.00 [Total for Item 2 $1,050.00 i 3.) Extra Work for pull boxes (SID's 677 & 678) Non-Bid Items Description Quantity Price+5% Total Labor, Equipment and Materials 1.0 Each $1,026.27 $1,026.27 ITotal for Item 3 $1,026.27 1 4.) Conduit - Steel 41 mm Rigid for Schedule 2 (SID 676) Bid Items Description Quantity Price Total 616-041-000 Conduit -Steel 41 mm Rigid 109.70 rn $60.00 $6,582.00 I Total for Item 4 $6,582.91 Description Quantity Price+5% Markup Total 1 Superintendent 8.0 Hours 1.8*($23.1 0/hr.) $332.64 2 Emergency Mobilization 8.0 Hours $525.00 $4,200.00 3 Exporatory Digging 3.5 Hours $525.00 $1,837-50 4 Service (S-1) upgrade 1.0 Each $2,437.05 $2,437,05 616-053-000 Conduit - Steel 53 mm Rigid 67.10 rn $70.00 $4,697.00 jTotal for Item 1 $13,504,19 2.) Extra work for signal configuration (SID 677) Non-Bid Items Description Quantity Price+5% Total Labor and Equipment 1.0 Each $1,050.00 $1,050.00 [Total for Item 2 $1,050.00 i 3.) Extra Work for pull boxes (SID's 677 & 678) Non-Bid Items Description Quantity Price+5% Total Labor, Equipment and Materials 1.0 Each $1,026.27 $1,026.27 ITotal for Item 3 $1,026.27 1 4.) Conduit - Steel 41 mm Rigid for Schedule 2 (SID 676) Bid Items Description Quantity Price Total 616-041-000 Conduit -Steel 41 mm Rigid 109.70 rn $60.00 $6,582.00 I Total for Item 4 $6,582.91 5) The CSPA fabrication reduced the amount of Class-DD concrete for the field cast connection for Schedule 2 (SID 676) Bid Items Description Plan Quantity Original Bid Original Total 603-122-420 CSPA 2400mmX2.01mm 1.5 M $1,000-00 $1,500,00 Plan Quantity Revised Bid Revised Total 1.5 m $2,800.00 $4,200-00 Change in total $2,700.00 Description Plan Quantity Bid Price Total 551 -17o-000 Concrete - Class DID 9.4 m3 $1,800.00/m3 $16,920.00 completed Quantity Bid Price Total 6.7 m3 $1,800.00/M3 $12,060.00 Change in total (54,860.00) I savings to the Contract ($2,160.00) 6.) RCPA 1650 mm CL 2 reduction (SID 676) XSE M- Description Ptan Quantity Bid Price Total 603-516-62o RCPA 1650 mm CL 2 14.0 rn $750.00/ m $10,500.00 Completed Quantity Bid Price Total 11.6 rn $750.00/ m $8,700.00 Change in total (S1jw,00) ISavings to the Contract ($1,800,00) 7) The CIVIP at Station 81+66 was filled with flowable fill and abandoned in-place. (SID 676) Description Plan Quantity Bid Price Total 602-010-000 Remove Pipe Culverts 54.5 rn $70.000 m $3,815.00 completed Quantity Bid Price Total 10.7 m $70.001 m $749.00 Change in total ($3,066.00) 1 Flowable Fill in 43.8 meters of CMP $2,030.00 I Savings to the Contract _ ($1,036.00)1 Total Increase in Contract Price for Change Order # 3 Item 1 Item 2 Item 3 Item 4 Item 5 Item 6 Item 7 $13,504.19 $1,050.00 $1,026.27 $6,582,00 ($2,166 ( 1 10) ($'1,800.c6) (31,036 no) ITotal $17,166.46 1 July 5, 2005 Jim Pierce, P.E. TD&H Engineering 215 West Mendenhall Suite C-1 Bozeman, Montana 59715 RE: North 19' and Valley Center Road Request for Change Order Dear Jim, Our subcontractor; Montana Lines was disconnecting the existing direct bury luminaries along the east side of North 19 Avenue for removal. During the disconnect it was discovered that power to the traffic signal on North 19 Avenue and the 1-90 West Bond ramps was routed through pull boxes on this project that were designated as remove and salvage or abandon in place. fin. order to keep our excavation and special borrow work progressing Montana Lines had to mobilize a second crew from Glendive to perform extra work to maintain power to the signal at N. 19' and the 1-90 W.B. ramps. Since this was extra work we are requesting a change order to cover the associated costs. The following is a breakdown of the extra work involved. I have split it out between items covered by existing unit prices and items not covered by existing unit prices. Item Description: Work Not Covered By Existing Items Quantity Unit Unit Price Total Price Investigation, -- Coordination of Issue and Resolution/Operations Manager 8 HR $ 70.00 $ 560.00 Emergency Mobilization From Glendive to Bozeman (585.8 km) Crew (Labor & Equipment) 8 HR 1 $ 500.00 $ 4,000.00 Exploratory Digging for Conduit Reroute and Extension to Maintain Signal Power. Occurred at S.W. Corner of N. 19th and 1-90 E.B. Ramps. 2.5 HR $500.00 $ 1,250.00 E� WE ARE AN EQUAL OPPORTUNITY EMPLOYER A" Exploratory Digging for Conduit Reroute and Extension to Maintain Signal Power. Occurred at S.E. Corner of N. 19th and 1-90 E.B. Ramps. 1 1 HR I W 1 "1$ 0, Subtotal: $ 6,310.00 JLT Markup 5%: $ 315.50 Subtotal With JTL Markun- !t A All; An Item Description: Work Covered By Existing Unit Prices: Quanti Unit Unit Price Total Price Conduit-Steel 41mm Rigid 1.52 M $ 60.00 $ 9120 Conduit-Plastic 41 mm 61 M $ 20.00 $ 122.00 Conduit-Steel 53mm Rigid 33.53 M $ 70.00 $ 2,347-10 Cond-Copper AWG #4 286.2 M $ 3.40 $ 973.08 Traffic Control Devices 168 Unit $ 1.00 $ 168.00 Traffic Control- Flagging (30 Hrs at 41 Units, per Hr) 1230 1 Unit $ 1,00 $ 1,230.00 Subtotal: $ 4,931.38 Extra Work Total: $ 11,666.88 1 am including a copy of Montana Lines letter and invoice for you use. If you have any questions please call me at 388 -6832 extension 19. Sincerely, go'ev Steven R. Baeth JTL Group, Inc. Attachments: of X -- �4r 2- ` �I 0613012005 0e:35 4067270354 MONTANA LINES, INC. PAGE 01102 Oki June ail, 2005 Steve Baeth JTL Group, Inc. PO Box 9 Belgrade, MT 59714-0009 FAX; 406-388.8347 RE: Change Order Request for Added Work to Mai p ower to Signal North of , Project N.19 "' & Valley Center [City SIDS 675,676,677,678; M.DT Proj. No. S.Y D 1299 (003)1 Dear Steve, On June 15', 16 and 17' 2005, Montana Lines, Tnc. (MM) Performed extra work required to maint p ower to tile traff ic signal immediately north of the above refere. aced project. During the disconnection of exi direct bury luminair for remo it was discovered that power to a traffi signa on N. 19" Ave and the I-90 W.B. ramps was routed through the northern limits Of this project. It was not only routed within the limits, but a.Jso through pull boxes and conduits designated as remove and salvage and/or abandon in plac As part of this work, MTL emergency-mobilized frOmanother.projec t o Bozeman m (Olendiv t Bo m id- t allow excavation and recompaction of N. 19' Ave to continue As a week MTL was manning the project at this e time for the sole purpose of reworking (TD &H) on Wednesday., .Tut 15' gred in the field with Shannon Holmes this conduit and wire to maintain signal Operation during and after excavation. Beca MIT, W perform other contract work, as later able to we am not seeking compensation for costs associated with returning to Glendive. The location of this work suggests it is related to Schedule I. SOMO�of the bid items required for this wor d not appear in this schedule, however. We are c this work in Schedule 1, Please indicate if oth Please accept thi letter and attached invoice in the amount of S10,785.01 for this work. ikespectfu l ly T evor Livesay Operations Manager V 0G/30/2005 08:35 4067270354 MONTANA LINES, INC. PAGE 02/02 L June 30, 2005 N, 19th Ave. & Valley Center; Bozeman, MT (City SIDS#675,676,677,678; MDT Pr0j. No. SID 1299(003)J Added Work to Maintain Power to Signal North Of Project (@ N. 19th & 1-90 W.B. Ramps) Investigation, Identification, and Coordination of Issue and Resolution Operations Manager 8 hrs $70.00 $560.00 Emergency Mobilization From Glendive to Bozeman (885.8krn*) Crew (Labor & Equipment) 8 hrs $500,00 $4,000.00 Exploratory Digging for Conduit Reroute and Extension to Maintain Signal Power Occurred @ S.W. Corner of N. 19th and 1-90 E.B. Ramps Crew (Labor & Equipment) 2.6 hrs $5X00 $1,250.00 Exploratory Digging for Conduit Reroute and Extension to Maintain Signal Power Occurred @ S.E. Corner of N. 19th and 1-90 E.S. Ramps. Grew (Labor & Equipment) I hrs $500,00 $500.00 Increased Quantities of Existing Bid Item Required to Maintain Signal Power 616-041-000 CONDUIT-STEEL, 41mm RIGID 1.52 m $55.00 $8182 616-241-000 CONDUIT-I'LoASTIC41MM 6.10 M $19-55 $119.18 616-053-000 CONDUIT-STEEL 53mrn RIGID 33.53 rn $63.00 $2,112.26 617-010-040 COND-COPPER AWG #4 286.2 rn $3.15 $901.55 618-020-000 TRAFFIC CONTROL DEVICES 168 units $0.90 $151.20 61M20 -100 TRAFFIC CONTROL-FLAGGING (30 hours x 41 units / hour) 1230 units $0.90 $1,107-00 Total, this change $10,785.01 Page 1 Of 1 (406) 388-6832 - 21730 FRONTAGE ROAD # P.O. BOX 9 • BELGRADE, MONTANA 5971'4 Jim Pierce, P.E. TD&H Engineering 215 West Mendenhall Suite C-1 Bozeman, Montana 59715 RE: North 10 and Valley Center Road Request for Change Order Dear Jim, OCT 2 7 2005 Our subcontractor; Montana Lines was disconnecting the existing direct bury luminaries along the east side of North 19 Avenue for removal. During the disconnect it was discovered that power to the traffic signal on North 19 Avenue and the 1-90 West Bond ramps was routed through pull boxes on this project that were designated as remove and salvage or abandon in place. In order to keep our excavation and special borrow work progressing Montana Lines had to mobilize a second crew from Glendive to perform extra work to maintain power to the signal at N. 19 and the 1-90 W.B. ramps. Since this was extra work we are requesting a change order to cover the associated costs. The following is a breakdown of the extra work involved as well as my best guess at the bid item quantity adjustments. Item Description: Work Not Covered By Unit Existing Items Quanft Unit Price Total Price Investigation, Coordination of Issue and Resolution/Operations Manager 8 HR $70.00 $560.00 Emergency Mobilization From Glendive to Bozeman (585.8 km) Crew (Labor & Equipment) 8 HR 1 $500.00 $4,000.00 Exploratory Digging for Conduit Reroute and Extension to Maintain Signal Power. Occurred at S.W. Corner of N. 19th and 1-90 E.B. Ramps, 2,5 HR $600.00 $1,250.00 Exploratory Digging for Conduit Reroute and Extension to Maintain Signal Power. Occurred at S.E. Corner of N. 19th and 1-90 E.B. Ramps. 1 HR $500.00 $500,00 Service Upgrade 1 LS $2,321,00 $2,321.00 Subtotal. $8,631.00 JLT Markup 15%: $1,294.65 Subtotal With JTL Markup: $9,925.65 WE ARE AN EQUAL OPPORTUNITY EMPLOYER Item Description. Added Work Covered By Existing Unit Prices Quantity Unit Unit Price Total Price Conduit-Steel 41 mm Rigid 1.52 M $60.00 $91.20 Conduit-Plastic 41 mm 6.1 M $20,00 $122.00 Conduit-Steel 53mm Rigid 33.53 M $70.00 $2,347.10 Cond-Copper AWG #4 286.2 M $3.40 $973.08 Traffic Control Devices 168 Unit $1.00 $168.00 Traffic Control -Fla in 30 Hrs at 41 Units / Hr T 1230 Unit $1.00 $1,230.00 $4,931.38 Item Description: Deleted Work Covered By Existing Unit Prices: Quanti Unit Unit Price Total Price Conduit-Steel 41 mm Rigid -72 M $60.00 ($4,320.00) Conduit-Plastic 41 mm -38 M $20.00 ($760.00) I Subtotal: —L$6,080.00) I For this work we should probably have a change order in the amount of $9,925.65 and let the remainder of the work take care of itself with measured quantities. If you have any questions please call me at 388 -6832 extension 19. Sincerely, Z r o 'A '. 'Aj MEMORANDUM Date: November 2, 2005 To: Steve Baeth, JTL Project Manager From: Jim Pierce Subject: No 19th Request for Change Order TDHJob No.: B03-002 Some items relating to the request for change order for the additional work by Montana Lines necessary for the luminaire service in the On-Ramp area of North 19th still need some revision and clarification: 1. The charges for Montana Lines operations manager administering the work is not allowed by Article 11.01.13.1, on page 30 of the General Conditions. This section does not allow general administration costs for workers not employed at the site in one of the general job classifications included in that company's payroll. Payroll costs for managers in general are not allowed to be included in change orders under the project contract. 2. Montana Lines mobed to the job to complete the additional service work in time to allow you to keep your paving schedule for the east side of North 19th. After they completed the additional work they remained on the job working on other tasks that they would of had to mobe to the job to complete sometime relatively soon anyway. The timing and possibly the distance of their mobe to th&jobsite was changed since they were in Glendive at the time, but they didn't have to make an additional mobe to the site. It seems to me a charge for the additional mileage only mobed from Glendive rather than their typical mobe from Great Falls would be a more equitable charge to include in the change order. I requested a breakout of Montana Lines $500 per hour crew unit price earlier and to date haven't received it. Please have them provide this. 3. The service upgrade cost didn't show up in Montana Lines earlier cost breakout for the work but it does in your latest itemization. Since this upgrade charge is more than the new electrical service cost already in the contract I need to have Montana Lines provide an itemization of this cost as well showing materials, equipment and labor involved. Please have Montana Lines provide a revised schedule of work for inclusion in the change order that includes the service upgrade. 215 West Mendenhall, Suite C-1 &Bozeman, MT 59715 -Tel: (406) 586-0277 *Fax (406) 586-4951 0 4. One pull box was added to the job and one deleted to complete the work so I concur that no pull boxes are listed in the change order, 5. Article 12.01.C.2.c of the contract allows a markup of 5% for the prime contractor when additional work is performed by subcontractors. You show a markup of 15%. Your earlier request for change order included the 5% markup. Please reduce this cost to the 5% allowed. 6. 1 concur that we should use existing - unit prices for all phases of the work possible. Please address these items in a revised request for change order. 215 West Mendenhall, Suite C-1 0 Bozeman, MT 59715 , Tel: (406) 586-0277 -Fax (406) 586-4951 (406) 388 - 6832.21730 FRONTAGE ROAD • P.O. BOX 9 • BELGRADE, MONTANA 59714 Jim Pierce, P.E. December 19, 2005 TD&H Engineering 215 West Mendenhall Suite C -1 Bozeman, Montana 59715 RE: North 19' and Valley Center Road Request for Change Order Dear Jim, In your memo dated November 2, 2005 you requested some clarification to our request for payment for the additional work our subcontractor Montana Lines performed. I am attaching a copy of that clarification for your use. Our subcontractor; Montana Lines was disconnecting the existing direct bury luminaries along the east side of North 19"' Avenue for removal. During the disconnect it was discovered that power to the traffic signal on North 19' Avenue and the 1-90 West Bound ramps was routed through pull boxes on this project that were designated as remove and salvage or abandon in place. In order to keep our excavation and special borrow work progressing Montana Lines had to mobilize a second crew and equipment from Glendive to perform extra work to maintain power to the signal at N. 19 and the 1-90 W.B. ramps. No one involved with the project is to blame. The traffic signal on North 19' Avenue and the I- 90 West Bound ramps was added after the design was done and it appears that as built drawings for that project were never forwarded to Marvin and Associates or TD&H so the changes could be incorporated into the project plans. This breakdown should give you the information you need to determine what costs should be included in the change order and what costs should be addressed by changes in item quantities. When you have determined the change order amount based on Montana Lines costs and the quantity changes JTL Group, Inc. will be adding 5% to extra work amount per the specifications. If you have any questions please call me at 388-6832 extension 19. Sincerely, (1-7 6 c. Steven R. Baeth JTL Group, Inc. Attachments: r�rs mss, WE ARE AN EQUAL OPPORTUNITY EMPLOYER C== November 29, 2005 Steve Baeth JTL Group, Inc. PO Box 9 Belgrade, MT 59714-0009 FAX: 406.388.8347 RE: Serial Letter 9 527 Change Order Clarification for Added Work at Northern Limits of Project N. 19" ,& Valley Center [City SIDS 9675,676,677,678; MDT Proj. No. SID 1299 (003)] Dear Steve, Montana Lines, Inc. (MTL) response to the numbered points of the November 2, 2005 Memorandum from Jim Pierce (TD&H) regarding the above referenced project is as follows: 1. MTL is aware that administration costs are not allowed in change order work. However, while I spent over 20 hours of "administrative" work trying to resolve the design deficiencies, MTL only included in our Change Order Request the additional 8 hours of "physical" work I performed in order to correct the deficiencies to the point of original Remove and Salvage bid item. I was acting as a working foreman, a role similar to that of Greg and Jon, our other working foremen. The eight hours remains a part of the cost of this added work and is billed at a standard force account rate of labor times a factor of 1.8 ($70 / hr). 2. MTL disagrees with Mr. Pierce's Point #2. Rerouting the power to the signal north of the project was necessary for all work on the project to continue, not just the paving schedule. Actually, paving had not yet begun at the time of this added work. Mr. Pierce is technically correct in that an additional mob was not required in that an emergency mobilization does not fall under the scope of our original contract so is not considered a "mobilization," per contract at all. We manned the project early to resolve the power issue for the signal to the north, performed some other work while in town, subsequently ran out of areas to work, left the site, and had to mobilize back later as our first official mobilization as foreseen at bidtime. Other ti c +f rev" than not killing the adjacent signal north of our project, no project milestones were gained by 2800 Upper River Road 2 Great Falls, Montana 59405 2 (406) 727-1316 9 FAX (406) 727-0354 0 the emergency mob. Finally, Mr. Pierce's additional mileage offer is unacceptable. Contrary to his assertion, is not equitable in covering the costs we incurred by immediately responding to the issues created by this engineering omission. It is also contrary to the previous agreement we had in the field. MTL dropped everything in Glendive to mobilize to Bozeman to resolve the power issue for the signal north of this project. To not do so would have resulted in the project halting or a non-functioning traffic signal on the 1-90 westbound ramps should the conduit be abandoned (and torn out by the excavator) per plan. In investigating the purpose of these spurious conductors on our project, I contacted Steve Keller (MDT). He verified their function as powering the signal to the north and notified me that our project would be responsible for controlling that intersection (through continuous flagging) if we knocked out its power. Both of these options were recognized to be more costly than our emergency mobilization across the state. Our original planned arrival date was sequenced to allow the completion of N. 19 Ave east side luminaire underground and then subsequent transition to the west side, falling in . behind JTL's excavation and recompaction. By arriving early via emergency mob, we did not have this opportunity because upon completion of the east side, the west side was not yet available. We moved back to Glendive to resume our original plan of completing Glendive before our long-term commitment to the Bozeman project. Please see Attachment I for the sequence of events resulting from the emergency mob and immediate correction of this design deficiency. MTL's foresight of the impacts to both the Bozeman and Glendive projects that would result from an emergency mob is what prompted our seeking and receiving approval by Shannon Holmes (TD&H) to emergency mobilize to Bozeman. Following the onsite meeting involving yourself and Ron Dagenhart, Bob Marvin and Ken Hein (Marvin & Assoc.) and Jim Pierce and Shannon Holmes (TD&H) on the afternoon of Wednesday, June 15' it was agreed that Greg's crew would immediately mobilize from Glendive to reroute the power so that work on the project could continue. It was also agreed at that time that such an emergency mob was costly and that the most equitable form of compensation would be at an hourly rate. Upon Greg's arrival, it was further agreed to investigate the power issue as an exploratory dig and pay all other added work as added quantities to existing bid items when possible. Please ask Mr. Pierce to honor our agreement that MTL would immediately leave Glendive with the understanding that we would be paid accordingly for our costs. Please see Attachment 2 for how the project would have sequenced without MTL's emergency mob and power rerouting. With Mr. Pierce's reopening of this issue, we are revising our Change Order Request to include all costs associated with keeping the project moving forward in mid-June. Please see Attachment 3 for the revised Change Order Request, dated November 29 2005, for this work. The 2005 cost for a MTL crew hour (full crew) is $5001 hr, as was submitted with our Change Order Request of June 30, 2005. Please see Attachment 4 for a breakdown of this hourly rate. Most of the work to emergency mob and correct this design deficiency was performed on overtime, which is not addressed in our $500 hourly rate. Rather than adjust our crew rate upward to reflect actual labor costs, we are willing to honor our agreement by using our 2005 composite hourly rate of $500/hr. 3. The service S I upgrade work was performed entirely by our subcontractor, Service Electric. The cost submitted for the upgrade is their work plus our markup. Please see Attachment 5 for their costs. Please ask Mr. Pierce to clarify his request for a "revised schedule of work for inclusion in the change order that includes the service upgrade." As stated many times in the past, MTL will not provide a schedule to TD&H; our contract is with JTL. Additionally, we are unclear as to the nature of the request. We are not familiar with the practice of providing a recovery schedule after the fact, if that is the request. Surely his field representative, Shannon Holmes, would have daily notes as to the activities required to overcome the delays and impacts of the delinquent resolution to the under-designed service S 1. Please clarify the request; we are available to provide any reasonable information toward resolving this issue. The adjacent signal's power runs did not exist on our plans as present in the conduit and pullboxes within the northern limits of our project. They were also absent from the MDT as-built drawings for the previous lighting projects of the area. There are considerable potential impacts from such a discovery as the unexpected presence of signal power in conduits destined for demolition. What may be lost on the representatives of TD&H is how this design deficiency fit into the larger picture of this project. Suddenly, this project was at a standstill until what ran through these to-be-abandoned conduits was remedied. JTL asked for our help in resolving the issue; it was their legal right to seek help from anyone qualified. We were available, but our crew was in Glendive. The cost for the fix includes travel time to and from, as in any service call. Whatever else our involvement on the project, this is a stand alone service we provided with the prior approval of Shannon Holmes. There is absolutely no justification for MTL to bear the brunt of correcting this design deficiency, including driving to and from the problem. It was our understanding that we had an verbal agreement in the field prior to any of this work being performed. Why is Jim Pierce reopening the issue now? We look forward to resolving this issue, it has been nearly six months since we incurred these costs. Please contact me if with any other questions. Respectfully (11� T Trevor Livesay Operations Manager Attachments: Attachment 1: Sequence of events created by design deficiency Attachment 2 Sequence of events without design deficeincy Attachment 3: MTL Revised Change Order Request dated 11/29/05 Attachment 4: MTL hourly crew breakdown, 2005 Attachment 5: Service Electric proposal dated 08/1612005 'I Serial letter #527 -- Attachment I N. 19th Ave. & Valley Center; Bozeman, MT City SIDS #675, 676, 677, 678 — MDT Proj. No. SID 1299 (003) Sequence of Events Surrounding Emergency Mobilization From Glendive to Bozeman DATE I ELEC I EWO I GLENDIVE I Sedal Letter #527 -- ,Attachment 2 N. 19th Ave. & Valley Center; Bozeman, NIT City SIDS #675, 676, 677, 678 — MDT No. SID 1299 (003) Sequence of Events Without Design, Deficiency Surrounding Power to Signal North of Project DATE 1 ELEG I EWO I GLENDIVE 1 Serial Letter #527 -- Attachment 3 "Physical" work performed to correct deficiencies to a point of original Remove and Salvage bid item Operations Manager 8 hrs $70.00 $560 Emergency Mobilization from Glendive to Bozeman (585.8 km) Crew (Labor & Equipment) 8 hrs $500.00 $4,000 Exploratory Digging for Conduit Reroute and Extension to Maintain Signal Power Occurred @ S.W. Corner of N. 19th And 1-90 E.B. Ramps Crew (Labor & Equipment) 2,5 hrs $500.00 $1,250 Exploratory Digging for Conduit Reroute and Extension to Maintain Signal Power Occurred @ S.E. Corner of N. 19th And 1-90 E.B. Ramps Crew (Labor & Equipment) 1 hrs $500.00 $500 Emergency Mobilization Return to Glendive (585.8 km) Crew (Labor & Equipment) 8 hrs $500.00 $4,000 increased Quantities of Existing bid Items Required to Maintain Signal Power 616-041-000 CONDUIT-STEEL41mm RIGID 1.52 m $55.00 $84 616-241-000 CONDUIT-PLASTIC41mm 6.1 rn $19.55 $119 616-053-000 CONDUIT-STEEL 53mm RIGID 33.53 m $6100 $2,112 617-010-040 COND-COPPER AWG#4 286.2 rn $3.15 $902 618-020-000 TRAFFIC CONTROL DEVICES 168 units $0,90 $151 618-020-100 TRAFFIC CONTROL-FLAGGING (30 hours x 41 units/ hour) 1230 units $0,90 $1,107 Upgrade Service S1 Per Revised Design Service Electric Labor and Material + MTL M/U $2,110-00 $2,427 Total, this change $17,211 Page 1 Of 1 Montana Lines, Inc. 2005 Hourly Crew Rates Employee Greg Schraner Shane Green Mare Grisak Travis Ehnot Eric Kalfell Subtotal x Force Account Markup Labor Total Equipment 99021 Greg's Crew Cab 99 100 Utility/Bucket Truck 99125 Freightliner Crane Track 99135 Red Dump Truck 99175 A Wire Truck 99200 Big Red Trailer 99221 Big Blue Trailer 99240 Little Blue Trailer 99260 Pup Trailer 99272 Blue Material Trailer 99320 Trencher 99354 90XT Skidsteer 99355 90XT Skidsteer Equipment Total Bond Increase Hourly Pay Rate Mobilization $22.00 9.50 7,50 $ 9.50 .$ 9.50 $ 58,00 --1.8 $104.40 S 14,57 $ 81.38 $ 72.87 33.96 41.35 14.31 14-31 14.31 $ 14.31 6.75 26.61 (standby) S 15.14 (standby) $ .15.14 (standbO $365.01 $ 3.78 Hourly Pay Rate Contract $22.00 $15.40 $15.40 $17.00 $17.00 $156.24 $ 14.57 S 81,38 $ 72.87 $ 33.96 S 41.35 $% 7.16 (standby) $ 7,16 (standby) S 7.16 (standby) S 7.16 (standby) $ 3.38 (standby) S 53.21 $ 30.28 $ 30,28 $389.92 $ 4.40 Montana Lines Hourly Rate 2005 $473.19 S550.56 SERVICE ELECTRIC 39 NORTH ROUSE AVE PO BOX 1196 `BOZEMAN,MT 59715 Phone: 406-587-5516 Fax., 406-587-oos8 DESC MONTANA LINES, INC, 2800 UPPER RIVER ROAD LOC GREAT FALLS, MONTANA 59405 7271316 CONTAC PHO ALL LABOR AND MATERIALS TO UPGRADE SERVIC ON PAGE E13 OF PLANS E 8 1 AS SHOWN ELECTRICAL PERMIT INCWDED IN PRICE HAUE 01 PROPOSAL 587 d -- 6 ------- PAGE I at, r uPGRADE SERVICE 81 --------- 19 TH & VALLEY CENTER JAMES RLIMr4AP1%Ppp 406-727-1316 2110,00 ' We Propose hereby to furn material and labor - compl in a=rdance with these sPOCIfications forthe sum of 21111.011 Two Thousand One Hundred Ten DDflars And 00 Cents Payable as follow AS BILLED Authorized Sigmature: ........ Norte. This Pro Deal ma be ' A withdrawn b us if not ll material is guaranteed to 'ithin 30 Day! work be completed - rom above speciftcadons in in a Workmanlike marmer according t Any alteration or deviation f be as specified All involving extra CDStr> *11 be executed only upon standard practices, become an extra charge over and above the estimate, written orders, and will All agreements contingent upon strikes, accldwts or delays are beyond our control. Ownerto carry fire, tornado, and other necessary insurance. Our workers are full covered by Workman's Compensation Insurance. ACCEPTANCE OF PRopci)iA — L - - -- T — he — p — h e — e — s ------------- S prices specifications and ciff ca and conditiw on authorized to d th work as spec s are satisfactory and are hereby accepted. You are rmd- Payment %WI be made as outlined above. .............. Date: ....... (406) 388-6832 - 21730 FRONTAGE ROAD • P.O. BOX 9 • BELGRADE, MONTANA 59714 December 19, 2005 Jim Pierce, P.E. TD&H Engineering 215 West Mendenhall Suite C-1 Bozeman, Montana 59715 RE: North 19' and Valley Center Road Dear Jim, Changes in pull box locations and elevations resulted in additional work for Montana Lines. Along with the time and materials needed to adjust the elevation one pull box the location changes resulted in the need to form and pour concrete around pull boxes that would have been surrounded by sidewalk concrete. Montana Lines is requesting payment for this additional work in the amount of $977.40. With 5% added for JTL Group, Inc- this amount would be $1,026.27. I have attached Montana Lines' breakdown of costs for the additional work for your use. Your attention to this matter is appreciated. If you have any questions please call me at 388-6832 extension 19, Sincerely, Steven R. Baeth JTL Group, Inc. Attachment: a WE ARE AN EQUAL OPPORTUNITY EMPLOYER December 13, 2005 Steve Baeth In Group, Inc. PO Box 9 Belgrade, MT 59714 RE: 19' & Valley Center-Bozeman SID; City SIDS #675,676,677 & 678; MDT Project SID 1299(003) Dear Steve, On November 10" & 11"' 2005, Montana Lines Inc performed extra work concerning the Pull Boxes on the above referenced project. Please accept this letter as our invoice for this work. I have used the State's force account Method to calculate these prices. Issue 41: Raise Type 2 Pull Box on Southeast comer of Valley Center and 19' due to incorrect staking elevation. Labor Eric Kalfell Experienced Groundman I hr @ $ 17.00 $17.00 Marc Grisak Groundman 1 hr @ $ 15A0 $ 15.40 Markup on labor @ 80% $25.92 Materials Type 2 Pull Box I ca @ $ 68.29 $68.29 Gravel I to @ $ 7.50 $ 7,50 Markup on materials @ 15% $11.37 Equipment 99352 Skidsteer I hr (4 $ 30.54 $ 30.54 Increase to Bond Premium $ 1.42 Subtotal Raise Type 2 Pull Box $ 177.44 Issue #2: Form, place & strip concrete around pull boxes @ 19' & Valley. Locations were revised to be outside the sidewalk limits. Labor Marc Grisak Groundman LO hr @ $ 15A0 $ 15.40 Marty Erdmarm Groundman 2.0 hr @ $ 15.40 $ 30.80 Dave Habets Groundman 2.0 hr 15,40 30.80 Eric Kalfell Groundman 1.5 hr ,,$ @ $ 17.00 $ 25.50 Markup on labor @ 80% $ 82.00 Materials Concrete L5 cy (a $ 9 $ 138,26 Markup on materials A 15% $ 20.74 Equipment 99125 Auger Truck LO lir (&�, $ 71.32 $ 71.32 99015 Form Truck 3.0 hr (d) $ 14.76 $ 44.28 Increase to Bond Premium $ 3,70 Subtotal Lower Forms $462.80 .1 2800 Upper River Road 9 Great Falls, Montana 59405 M (406) 727-1316 M FAX (406) 727-0354 0 P Issue #3: Form, place & strip concrete around pull boxes (a 19' & Cattail. Locations were revised to be outside the sidewalk limits. Labor Marc Grisak Groundman 0.5 hr @ $ 15,40 7.70 Marty Erdmann Groundman 1.5 hr @ $ 15.40 23.10 Dave Habets Groundman 1.5 hr @ $ 15.40 2110 Eric Kalfell Groundman 1.0 hr @ $ 17.00 $ 17,00 Markup on labor @ 80% $ 56.72 Materials Concrete 1.0 cy @ $ 92.175 Markup on materials @ 15% Equipment 99125 Auger Track 1.0 hr @ $ 71.32 99015 Form Truck 2.0 hr @ $ 14.76 Increase to Bond Premium Subtotal Lower Forms If you have any questions, please call, Sincerely, Jodie L. Tooley Office Manager $ 92,18 $ 13.83 $ 71,32 29.52 2.69 $337.16 4 5 - 7o - 7 I qq 7 �'q q4 � 17 (406) 388 -6832 •21730 FRONTAGE ROAD • P.O. BOX 8 • BELGRADE, MONTANA 59,7.14_..... , k December 20, 2005 Jim Pierce, P.E. TD &H Engineering __. __..._.. 215 West Mendenhall Suite C -1 Bozeman, Montana 59715 RE: North 19 and Valley Center Road Dear Jim, On September 29, 2005 I sent you a letter regarding the configuration of the new signal at North 19` Avenue and Valley Center Road. We needed to keep the new signal functioning in the same configuration as the old signal until such time as Valley Center was widened and ready for the new signal configuration. I asked Montana Lines to do the necessary extra work to make this happen. I am requesting that JTL Group, Inc. be compensated for this work in the amount of $1,050.00.1 am attaching a copy of Montana Lines' invoice to JTL Group, Inc. for your use. If you have any questions please call me at 388 -6832 extension 19 Sincerely, k6 Steven R. Baeth JTL Group, Inc. Attachments: r F WE ARE AN EQUAL OPPORTUNITY EMPLOYER December 13, 2005 Steve Baeth JTL Group, Inc. PO Box 9 Belgrade, MT 59714 RE: 19' & Valley Center-Bozeman SID; City SIDS 4675,676,677 & 678; MDT Project 4 SID 1299(003) Dear Steve, On November 17, 2005 Montana Lines, Inc, completed the final turn on for the intersection of North 19 and Valley Center. Please accept this letter as our invoice for this work per our letter dated September 26, 2005, Per the terms of that letter we are invoicing for $50.00 per hour of labor and equipment required t complete the interim turnon. Labor 13 MH @ $ 50.00 Equipment 99100 Bucket Truck Total Invoice S 650.00 7 BR (a ,)$50-00 S 350.00 If you have any questions about this invoice, please call me, Sincerely, Jodie L. Tooley Office Manager $1,000.00 h�' 2300 Upper River Road E Great Falls, Montana 59405 Mi (406) 727-1316 M FAX (406) 727-0354 (406) 388-6832 -21730 FRONTAGE ROAD • RO. BOX 9 • BELGRADE, MONTANA 59714 February 1, 2006 Jim Pierce, P.E. TD &H Engineering 215 West Mendenhall Suite C -1 Bozeman, Montana 59715 RE: North 19' and Valley Center Road Proposed Pipe Changes on Valley Center Road Dear Jim, JTL Group, Inc. would like to propose the following drainage changes for your review. We had the CSPA 2400 MM X 2.01 MM fabricated with' /4 -inch thick headwalls attached which allowed us to place this section of culvert and band it directly to the 1500 MM CSP without the need for concrete field cast connections. While this change raised our price for the CSPA 2400 MM X 2.01 MM the reduced quantity for the Concrete -Class DD lowered the cost to the City of Bozeman for these items from $42,420.00 to $40,260.00 for a savings of $2,160.00. (See attached breakdown sheet.) If you have any questions please call me at 388 -6832 extension 19. Sincerely, Steven R. Baeth JTL Group, Inc. Attachments: WE ARE AN EQUAL OPPORTUNITY EMPLOYER (D E a) M 0 0 4.1 A. to 0 CD t3 .G9 V V U7 0 a) 9 w 0 > 0 0 ca 0.0.2 0 0 a. CL V 00000 0 p 0 a C, C, W"@00000 0 Z moan a =o a (D CN LO M 0 C4 cyi V CT C15 6% 6Y ( VD- W- 0 0.0 C) 0 'a 0 C) C) a o (Z) U) b CL (X) col cad co 0 L.. CL to u) crJw- 60j as r N LO LO t2 IC 0 a. cy 00 q 0 00 p (P C) Cl M-a00000 (1) bj (0) 0 N m a (D C) Lr) C) LO C) 0) (a (6 (3� �- & C6 IM V- � 65- 6 6%69- W on 00 C) a C) L 00 C:) n 0 OD 0 00 0 0 LO t- 0 (D 6 6 � (a ( Gq to . (Y) U) M 0 rj) -J = < (Y) X N W >1 CD c �- ui 2i U') (N E a < 0) 0 0 cv 4� z U , < 0 0 0 CL co 0 C) I C) r� C a CD 0 LO m 0) E G2 a E LO U') U') a 0 CO 0 M C) WON H . IWO P I (406) 388 - 6832.21730 FRONTAGE ROAD • P.O. BOX 9 • BELGRADE, MONTANA 59714 February 1, 2006 Jim Pierce, P.E. TD&H Engineering 215 West Mendenhall Suite C-1 Bozeman, Montana 59715 RE: North I 91h and Valley Center Road Dear Jim, On September 8, 2005 1 submitted a proposal to abandon the 610mm cmp at station 81 +66 in place. The actual quantity of cmp abandoned in place changed. We ended up placing an excavatable flowable fill (concrete slurry) in 43.8 meters of this cmp and abandoning it in place and removing 10.7 meters. The cost of this work as completed would be $2,030.00 for abandoning the emp while eliminating 43.8 meters of pipe removal at $70.00 per meter for a value of $3,066.00. This would be a savings of $1,036.00 for the city. If you have any questions please call me at 388-6832 extension 19. Sincerely, 6W6 Steven R. Baeth JTL Group, Inc. a WE ARE AN EQUAL OPPORTUNITY EMPLOYER