HomeMy WebLinkAboutPW15-240 - Change Order - #16 - Marshbank Construction, Inc.- Central Ave S Pavement Preservation and Utility Improvements - 11/26/2016 100
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KENT '
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wA9 HiHGTON _
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Marshbank Construction, Inc.
Vendor Number:
JD Edwards Number
Contract Number: PW 15-240 - () 1-1
This is assigned by City Clerk's Office
Project Name: Central Ave S Pavement Preservation and Utility Improvements
Description: ❑ Interlocal Agreement ® Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: 7/6/2015, Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Mark Madfai Department: PW Engineering
Contract Amount: $5,819,698.74
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Change Order #16 _
As of: 08/27/14
z erg'
KEN ■
wws�i�c.oH CHANGE
p�/� NO. q
CHANGE ORDER 16
NAME OF CONTRACTOR: Marshbank Construction, Inc. ("Contractor")
CONTRACT NAME & PROJECT NUMBER: Central Avenue S Pavement Preservation and Utility Imp.
ORIGINAL CONTRACT DATE: July 6, 2015
This Change Order amends the above-referenced contract; all other provisions of the
contract that are not inconsistent with this Change Order shall remain in effect. For valuable
consideration and by mutual consent of the parties, the project contract is modified as follows:
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, Contractor shall provide all labor, materials, and
equipment necessary to:
Equitable adjustment to Schdule A-I bid item 1060 and Schedule B-I
bid item 1062. Final quantities of both items were less than 75% of
the quantity showed in the bid proposal. The City and contractor
agreed to adjust the quantity of Al-1060 to $48.97 per CY and B1-
1062 to $62.00 per CY.
2. The contract amount and time for performance provisions of Section II "Time of
Completion," and Section III, "Compensation," are hereby modified as follows:
Original Contract Sum, $5,819,698.74
(including applicable alternates and
WSST)
Net Change by Previous Change Orders $172,515.87
(incl. applicable WSST)
Current Contract Amount $5,992,214.61
(incl. Previous Change Orders)
Current Change Order $26,935.77
Applicable WSST Tax on this Change $0.00
Order
Revised Contract Sum $6,019,150.38
CHANGE ORDER - 1 OF 3
Original Time for Completion 180 working days
(insert date)
Revised Time for Completion under 13.5
prior Change Orders
(insert date)
Days Required (f) for this Change o calendar days
Order
Revised Time for Completion 193.5 working days
(insert date)
In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard
Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this
Change Order by signing below. Also, pursuant to the above-referenced contract, Contractor
agrees to waive any protest it may have regarding this Change Order and acknowledges and
accepts that this Change Order constitutes final settlement of all claims of any kind or nature
arising from or connected with any work either covered or affected by this Change Order,
including, without limitation, claims related to contract time, contract acceleration, onsite or
home office overhead, or lost profits. This Change Order, unless otherwise provided, does not
relieve the Contractor from strict compliance with the guarantee and warranty provisions of the
original contract, particularly those pertaining to substantial completion date.
All acts consistent with the authority of the Agreement, previous Change Orders (if any),
and this Change Order, prior to the effective date of this Change Order, are hereby ratified and
affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change
Order shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this contract modification, which is binding on the parties of this
contract.
3. The Contractor will adjust the amount of its performance bond (if any) for this
project to be consistent with the revised contract sum shown in section 2, above.
IN WITNESS, the parties below have executed this Agreement, which will
become effective on the last date written below.
CONTRACTOR: CITY OF KENT:
By: By: z<K P
( ignature) , (signa ure)
Print Name:. ikk� Print Name: Timothy J. LaPorte, P.E.
Its PIA Its Public Works Director
�tleJ (title)
DATE: (o('V k6 DATE: il/` 3&
CHANGE ORDER - 2 OF 3
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Kent Law Department
ffsfsf[In this field,you may enter the eleRronic fllepath where me contrail has been saved)
CHANGE ORDER - 3 OF 3
• FILE NO: 200.2
KENT
Wn5N1v CHANGE ORDER WORKSHEET NO. 016
Construction Management Division - Public Works
Project: Central Ave. S. Pavement Project No.: 13-3004
Preservation and Utility
Improvement Project
Project Engineer: Cameron Bloomer, PE Fed-Aid No.: STPUL-1071(006)
Owners Rep: KBA, Contractor: Marshbank Construction, Inc
Inc
Date: 10/10/2016
1. PROPOSED CHANGE
This Change makes an equitable adjustment to Roadway Excavation Bid Items Al-1060 and B1-
1062. Final quantities are agreed to at 1,234.3 CY for bid item Al-1060 and 153.4 CY for bid
item B1-1062. Both final quantities are less than 75% of the quantity shown in the bid proposal.
In accordance with Section 1-04.6 of the Standard Specification, the unit prices of the items are
being adjusted. Bid item Al-1060 is adjusted to $48.97 per CY, and B1-1062 to $62.00 per CY.
For ease of payment, new bid items representing the difference in cost between the bid proposal
unit prices and unit prices agreed to in this Change Order are being created.
II. REASON AND BACKGROUND FOR CHANGE
The calculations used to determine the quantities shown in the bid proposal for roadway
excavation contained assumptions that differed from the actual lines and grades in the field. This
ultimately leading to an over-estimation of the proposal quantity. These assumptions included:
• The thickness of the existing roadway at 6" thick, it was observed in the field at 10"
• A 6" of removal under the curb and roadway that ended up being accounted for under a
separate bid item, BI Al-1065 Unsuitable Foundation Excavation
• A 6" Excavation under sidewalks and driveways, actual was 4" per the Standard Plans.
The actual quantities of roadway excavation work were measured in the field and paid
accordingly. The final quantity of BI Al-1060 is 1,234.30 CY and bid proposal quantity is 2,600
CY. The final quantity of BI B1-1062 is 154.30 CY, and the bid proposal quantity is 450 CY.
The Contractor requested an equitable adjustment to the unit price of Bid Items Al-1060 and
Bl-1062 in accordance with Section 1-04.6 of the Standard Specifications. They noted the work
is linear in nature, and they used a cost estimation method that divided their expected liner
production cost by the quantities of pay items. Because the final quantity is half or less than the
proposed quantity and the linear footage remained the same, the Contractor argued that the
unit prices should be doubled, or less to get to 75% of the total bid proposal dollar amount. The
City reviewed and agreed to the Contractors proposal.
The changes in unit prices result in the following new payments.
BI 1060 = $48.97 - $31.00 = $17.97 * 1,234.3 CY = 22,180.37 in new payments.
1 REV. DATE:
4/01/10
e FILE NO: 200.2
ICETIT
w.
$22,180.37 + $38,263.30 (previously paid) = $60,443.67 or 75% of the $80,600.00 total
shown on the bid proposal.
BI 1062 = $62.00 — $31.00 = $31.00 * 153.4 CY = $4,755.40 in new payments,
$4,755.40 + $4,755,40 (previously paid) = $9,510.80 or 68% of the $13,950.00 total shown on
the bid proposal.
III. METHOD OF PAYMENT
NEW PAY ITENI(S) ® Not Applicable
Change Order No. - FOR ACCOUNTING USE ONLY
Sch. No. Item Description Total Est. Qty this Unit Unit Price Total Estimated Cost of
Qty PE Item
Al Equitable Adjustment BI 1060 1234.3 1234.3 CY $17.97 $22,180.37
Roadway.Excavation
Bl Equitable Adjustment BI 1062 153.4 153.4 CY $31.00 $4,755.40
_Rqqqway Excavation
Independent Estimate Attached CREATE PAY ITEM ONLY— Payment to be made PAY THIS PAY ESTIMATE
__REQUIRED at a later date upon completion of work _
Material Submittals Required—CC:•Construction Coordinator New Sub Reqrd? No
DELETE EXISTING PAY ITEMS) per 1-09.5 Not Applicable
Change Order No. - ( I I I FOR ACCOUNTING USE ONLY
Sch. No. B.I. No. Item Description Qty Unit Unit Price Cost of Item
�] Independent Estimate Attached -REQUIRED
INCREASE/DEGREASE TO EXISTING PAY ITEMS) ® Not Applicable
Change Order No. I I - I I I I FOR ACCOUNTING USE ONLY
Sch.No. B.I.No. Item Description Qty Unit Unit Price Cost of Item
Independent Estimate Attached -REQUIRED
TOTAL ESTIMATED COST OF CHANGE ORDER * 0
*Total of the Cost of Item Columns
THIS PAY ESTIMATE
IV. WORKING DAYS
2 REV. DATE:
4/01/10
• FILE NO: 200.2
KNIT
Original Contract 180 Due This Change Order* 0.0 Previous Total 196
DATE:
* x lanation ca]ustifitfan Required:
TOTAL WORKING DAYS* 196
*This Change Order + Previous Total
All work, materials and measurements to be in accordance with the Standard Specifications
and Contract Special Provisions for the type of work described.
Prepared By: Date:
Construction Supervisor: Date:
Construction Manager: c Date:
3 REV. DATE:
4/01/10
MARSHBANK
September 2,2016
Cameron Bloomer, PE .
City of Dent
400 West Gowe
Kent, WA 98032
RE: Central Ave S Pavement Preservation& Utility Improvements
Project No. 13-3004
Federal Aid Number: STPUL-107](006)
Roadway Excavation Bid Item Payment
Serial Letter No. 32
Cameron.
As noted in Serial Letter 14, we were in disagreement with how the quantity of Roadway Excavation bid
items have been measured and paid. At the time we resolved as a project team to deter the discussion
until the Roadway Excavation items were complete based on field measurement.
Given the nature of the work,small quantities with litnited production, the severe tinder run in these
quantities directly impacted the anticipated costs and productions we proposed to complete the work.
Per WSDOT Standard Speci 6cation 1-04,6—Variation in Estimate Quantities, we are requesting -
equitable adjustment to both Roadway Excavation hie Haul bid items, A]-1060 and BI-1062.
Given the linear progress the project required to complete, we had estimated our productions and costs
based on how many lineal feet we could progress down the project in it given time frame. From there
we worked our way back into n productiorT based on the quantities in the contract documents. Given
that the amount of material was half or less than the bid item quantities,we can approximate our unit
price at twice the amount in the contract.
Each bid item was contracted at the same unit price of$31 per CY. Based on the way we outlined the
cost as described in the previous paragraph,we would propose a revised unit price of$62 per CY.
For bid item Al-1060 this equates to a revised payment amount of$76,526.60(1234.3 CY x $62)
For bid item B 1-1062 this equates to a revised payment amount of$9,510.80 (153.4 CY x$62)
For bid item AI-1060, this number exceeds the 75%equitable compensation amount as stated raider the
SSS 1-04.6.. so we are requesting that item be paid at its maximum or approximately$60,450.
Please review and le us know what questions you have.
Sincerely,
Jason Heide
V[arshbanl< . nstr t t on Inc.
MARSHBANK
C0NSTRUC: '1I0N
Can[.Mc AiAkS7/!.'/`(ii10!/Oiil:%Ili/i Nn 11hH90/1.511T
December 11,2015
Cameron Bloomer,PE
City of Kent
400 West Gowc
Kent, WA 98032
RE: Central Ave S Pavement Preservation&Utility Improvements
Project No. 13-3004
Federal Aid Number: STPUl,1071(006)
Roadway Excavation Quantity Calculation
Serial Letter No. 14
Cameron,
We first brought the issue of payment for roadway excavation to the City's attention at weekly meeting
in September, At that point we requested a review of the quantities,how the items are being measured
and also a copy of the quantity calculations.
Measurement for roadway excavation is outlined in Standard Specification Section 2.03-4 and is defined
by comparing original ground versus design by either digital modeling or cross section measurement.
Generally this information is made available to the contractor after award,
It is our position that the measurement and payment of the roadway excavation items are underunning
and are not being measured and ultimately paid in relation to the design calculations. Consider this our
official request for the design calculations-and measurement review of the roadway excavation bid
items.
Please let us know what questions you have.
Sincerely.
Ja or; ide
Marshbank Construction Inc.
PUBLIC WORKS CONSTRUCTION ENGINEERING
Eric Connor
Construction Manager
400 West Gowe
Kent,WA 98032
KENT Fax: 253.856-6500
W I.9111tt niON
' PHONE: 253-856-5533
February 2, 2016
Serial Letter 9
Jason Heide
Marshbank Construction, Inc.
3304 Old Hartford Rd
Lake Stevens, WA 98258
Re: Serial Letter No. 014 Roadway Excavation Quantity Calculation
Central Ave. S. Pavement Preservation and Utility Improvements
Contract No.: STPUL-1071 (006)
Project No.:13-3004
Dear Mr. Heide,
The City of Kent is in receipt of Marshbank Construction Inc.'s (MCI) Serial Letter No. 014
Roadway Excavation Quantity Calculation, in which MCI is requesting the design
calculations and a measurement review of Roadway Excavation Inc]. bid items. The
calculations for Bid Item 1060 are atta :hed.
i
Section II, Curb and Gutter, of the original bid proposal calculations assumed 20 Inches of
material would be removed. This quantity mistakenly included the unsuitable foundation
excavation (6 Inches) which is paid for separately, and not encountered, and assumed
only 6 inches of asphalt instead of 10 inches. Additionally, the actual quantity was even
lower because the gravel borrow (6 inches) was used only sparingly. Section III, Driveway
and Sidewalk, assumed a removal depth of 6 inches under the sidewalk and driveways.
The section details show 4 inches of removal under both the Driveways and Sidewalk.
Field Note Records, showing the measurements and calculations for the actual quantity of
work performed, have been available to MCI via the project's SharePoint site.
Please contact me if you have any questions or would like to discuss this matter further.
Sincerely,
Eric Connor
o Cc: Cameron Bloomer, PE, KBA Resident Engineer
m Chad Bieren, PE, City Engineer
3 Mark Madfai, PE, Design Engineerir,j Supervisor
c
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33
3
7 MAYOR SUZETrE COOKS
City of Kent Public Works Department
Timothy J. LaPorte,P.E.Public Works Director
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