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HomeMy Public PortalAboutChange Order No. 26 to Contract No. 148-2014 - INDOT Coordination Agreement (R-37463) 1382810 - Bike Pedestrian facilitiesContract No:R -37463 Change Order No.: 026 n INDIANA Department of Transportation Page: 1 Construction Change Order and Time Extension Summary Contract Information Contract No.: R -37463 Letting Date:10/12/2017 District: GREEN FIELD DISTRICT AE:Prather, Michael PE/S:Miller, Christopher Status:Draft Change Order Information Change Order No.: 026 EWA: Y or Force Acct: N Date Generated: 02/27/2020 Date Approved: 00/00/0000 Reason Code: STANDARDS/SPECS CHANGE, Time Related Description: Contractor Impact Claim Original Contract Amount $ 5,883,000.00 Current Change Order Amount $ 173,590.76 Percent: 2.951 % Total Previous Approved Changes $ 283,992.58 Percent: 4.827 % Total Change To -Date $ 457,583.34 Percent: 7.778 % Modified Contract Amount $ 6,340,583.34 Time Extension Information Date Initiated 00/00/0000 Date Completed 00/00/0000 Original Contract Time SS Completion Date 00/00/0000 or SS Calendar/Work Days 0 SP Date 00/00/0000 or SP Days (SS = Standard Specification, SP = Special Provision) Time Element Description: Current Time Extension SS Days 0 SP Days 0 SP Days Value $ 0.00 Previous Time Approved SS Days by AE: DCE: SCE: DDCM: SS Days SP Days Value $ Revised Contract Time SS Completion Date 00/00/0000 or SS Calendar/Work Days 0 SS Date 00/00/0000 or SP Days 0 Contract No:R -37463 INDIANA Department of Transportation Construction Change Order and Time Extension Summary Review and Approval Information Required Approval Authority ($ per Change Order) (Days per Contract) Verbal Approval Required? Total Change To-Date>5%? Scope/Design Recommendation Required? Change Order No.: 026 Page: 2 AE: M.Prather DCE: SCE: * DDCM: (-LE$250K-)(-LE$750K-)(--LE$2M--)(--GT$2M--) ( 50 SS days ) ( 100 SS days) ( 200 SS Days ) ( GT 200 SS days) ©/ N If Y, by M.Prather Date Issued 2/20/2020 ©/ N If Y, Copy to Program Budget Manager Y I®If Y, Referred to Project Manager(PM) Date to PM Date Returned Approval Authority Concurs with PM? Y / N If Y, Concurrence by Date If N,Resolution: Approved Disapproved _ Resolved by Date LPA Signatures Required? ©/ N If Y, Date to LPA 3/3/2020 Date Returned FHWA Signatures Required? Y / N If Y, Date to FHWA Date Returned * Field Engineer Recommendation (Required for SCE or DDCM Approval) Field Engineer Date Comments: Contract NOR -37463 INDIANA Change Order No:026 Department of Transportation Contract: R -37463 Project: 1382810 - State:138281000LC3 Change Order Nbr: 026 Date:03/03/2020 Change Order Description: Contractor Impact Claim Reason Code: STANDARDS/SPECS CHANGE, Time Related CLN PCN PLN Item Code Unit Unit Price CO Qty Comment Amount Change Page: 3 0198 1382810 0198 105-09356 DOL 1.000 173590.760 C Amount:$ 173,590.76 Item Description: COST ADJUSTMENT FOR CLAIM RESOLUTION Supplemental Description1: Supplemental Description2: Total Value for Change Order 026 = $ 173,590.76 Whereas, the Standard Specifications for this contract provides for such work to be performed, the following change is recommended. General or Standard Change Order Explanation Per the request of the INDOT AE Mike Prather, all costs associated with the delay claim are to be processed as part of CO No. 26 and that any required explanation of time extension be handled by referencing the applicable change orders that addressed those time extension issues. This Change Order resolves the claims dispute issued by the Contractor. On June 28, 2018, Milestone Contractors submitted a Partial Impact claim for additional costs incurred by Milestone due the approved Change Order No. 1 which added 51 days to the contract completion date as a result of an issued suspension of work directive. A copy of the Partial Impact claim is included with this Change Order as supporting Documentation. On October 26, 2019 Milestone Contractors submitted a Change Order Request to be compensated for additional costs incurred to Milestone by their Subcontractors associated with the same 51 day suspension of work directive. A copy of Executed Change Order No. 1 time extension is attached to this claim resolution as supporting documentation. Milestones claim request was revised and resubmitted by Milestone on February 17, 2020 which reflected a reduction in the claim due to plant material claims having been resolved within original pay quantities. A copy of the email correspondence is included with this Change Order as record of the revised submittal date. The final claim per February 17, 2020 revised submittal totals 173,590.76 USD. In addition to the Ramp details directive and ADA Technical review timeline shutdown, additional delays to the original schedule were incurred by the contractor. In total, the contract was extended by approximately twenty four weeks due to the approval of additional days associated with multiple change orders. There were additional delays that are not captured in any of the other change orders. First, the Citys directive to redesign several storm sewer structures delayed work concurrently and took longer to resolve than the curb ramp design, second, the conflicts with the construction of R30397 on US 40 occurred at the same time, which caused the construction of E. Main from 5th to 7th street and the S. 10th Street and S. A Street intersection to be delayed until 2019. A copy of the second time extension CO 21 is included with this CO as supporting documentation. On February 20, 2020, Mike Prather issued an Email to Chris Miller requesting CO 26 be processed as submitted without further delay. A copy of this email is included with this Change Order as supporting Documentation of final approval. On February 21, 2020 REA the Lead Designer of Record issued an email requesting a response from the City. REAs email stated they are concerned about several of the inaccuracies within the official claim and if the city is in agreement with the directive given by INDOT to processes the claim as is. A copy of this email correspondence is included as supporting documentation of the approval timeline On Feb 24th Mike Prather with INDOT responded the REAs Feb 21st email instructing the project to proceed with the CO as submitted without changes. A copy of this email is attached as supporting documentation of the approval timeline. On February 26th Mike Prather issued an email that he and Greg Steins asked Milestone to review a couple last minute concerns about claims past the August 30th completion date. Upon further discussion Mike and Greg were satisfied with Milestones response. A copy of this email is included with this Change Order as supporting documentation of the approval timeline. Change Order Explanation for Specific Line Item It is the intent of the parties that this change order is full and complete compensation for the work describe above. Notification and consent to this change order is hereby acknowledged. Contractor. Signed By: tt+++++tt+++ttttttt+t++++++t++++++t+t+ttttt+t+tt+++t++t++ttttttttttttt+tttt++tt+tttttttttrtt+t+ttt++ttttttttt++tt++t++t+t+++ NOTE: Other required State and FHWA signatures will be obtained electronically through the SiteManager system. Contract No:R -37463 INDIANA Date:03/03/2020 Change Order No:026 Department of Transportation Page: 4 *klftt*iftt#f1t*fY#f*Yft*ffflf*Y#if##f4Yf*#*t#tfttYlfYYi*f*i##ftYf*f1t#*fYYYY*fRtlfitfitf#f#ffftt!#flfi*ffffff+ffif##f*f**#ff A (SIGNATURE) �� - /ice n PEAS Christopher Miller APPROVED FOR LOCAL PUBLIC AGENCY (TITLE) SUBMITTED FOR CONSIDERATION (DATE) (DATE) 3 — APPROVED FOR INDIANA DEPARTMENT OF TRANSPORTATION Approval Level Name of Approver Date Status Chris Miller From: Brewster, Kim <KBrewster@milestonelp.com> Sent: Monday, February 17, 2020 8:39 AM To: Josh Sherron; Chris Miller Cc: Jester, Wayne; Hester, Scott; Price, Jason Subject: R-37463-B Revised Claim Attachments: Delay Claim - Part 1 REV.pdfi Delay Claim - Part 2 (2018).pdf Good morning, gentlemen, I have attached the revised delay claim for INDOT for B-37463. Here is what changed in Part 1: 1. Removed Busch invoices for plants since INDOT paid for all plants in full 2. Revised Busch pricing due to change orders received 3. Made minimal changes to material increases...I had overcharged by around $10 4. Deleted $0 and correcting entries on wage backup to reduce confusion and correct the amount There were no changes made to Part 2. Please let me know if you have any questions or need additional information. Respectfully, Kim Brewster Project Control Manager 5950 S Belmont Ave Indianapolis, IN 46217-9757 Office:+1-317-616-4938 Fax:(317) 788-1098 Mobile :+1-317-989-6047 CAUTION: This email originated from outside ofihe organization:. Do not click links or open,attachments unless you recognize the - sender and know the content is safe.. CHANGE ORDER REQUEST FORM CONTRACT NO. R-37463-B PROJECT DESCRIPTION (route / intersection /bridge no(s).) CHANGE ORDER REQUEST SUMMARY DESCRIPTION PROPOSED SOLUTION SUMMARY NOTE: Upon request from Engineer, enter detailed description on page 2. DATE OF SUBMISSION ,h �' >Ocfgber�2fi �� S{tr�.`.•.. `rF'�S'4G'=:7:{:.i�yc �:c} n'` "Irlii:` 5(5''"%'. :fr. ' �en�a- •L'�t� ,' y [ONSET DATE OF CHANGE Arll 49 2018 CHANGE ORDER TYPE '�' g raTG tl4 tJ Chan edLo d`tions u,f,_. n PROPOSED COST AND TIME ADJUSTMENT COST COST INCREASE / (DECREASE): The cost adjustment shall include lump sum and/or estimated totaled unit -priced item costs. Attach a separate sheet of unit price items including item description, -unit of measurement, estimated quantity and unit price. CHECK APPROPRIATE BOXES PER APPROPRIATE BASIS OF COST CHANGE: •rn.?" 1 .yK;..vFz 4'7+. :;� : +xr.�S:a^tAr. 4Y ,sm-a-�s7; eY,4F.T��i ^. 5."a^�^r!;!.�F:vc*.-S.r�=^.•.,�7�F'n;r i-�!s•;�^�fi'z�^r.-+s,-;�, a:.-:,c..Tmsr� �i,. rCl'�.a9.b3'Qlteted quantities, �®�10�.05 a'A ree -•`� �sA��''''�" i � -`�'�' ,� �'� 4�n:sys _[. .t:wu:,Yr'A-1'.i:i 1:1�cyLW.W_:iLe.eS.L'ni.s+ .'._• "••: .�ad'r,cw:�..r,eL...-�y:'S� y.aa.�+S:4si'• ltaj*,A..,,--.�+•.�rn.x.^��"r��r-*a.��xr—m+-�remm F59 PROPOSED COST CHANGE INCLUDES: Lab:ar�, Ma enal t[i , mOt * Leas n re Dlent: TIME ADJUSTMENT INCREASE / (DECREASE): CHECK APPROPRIATE BOXES PER APPROPRIATE BASIS OF TIME CHANGE: NOTE: If Compensable, attach details based on 109.05.2(a) Allowable Delay Costs. SUPPLEMENTAL INFORMATION Additional information. (work days) CHANGE ORDER ORIGINATION:` n.',i,^s'r,!'r':.•„ '. *Tri lk: *tt:�,".�i.'y+`;�=.2] `:: °S-wiXi: ^ l?=T i:;j::rm:,l',:li:g�': W f", `I '-r�_�,•.N.:.,In��G °' P; ' c' x+ '.`xl ° '�iCN'�'••irf r� z4 i; r�;,i ��s ',.r•; .,.,:,� y , ❑ INDOT/ LPA , „ , , , a a® Edntractor .� y'�x����-�'s ......... .. ....:... . . ....:..... ......+,. r......<i _, �. r,..,�,.c.q ,fir •...,z-a ai�;,..r. DOCUMENTS AFFECTED: ❑ Contract Specifications (ref. doc name/no.) �'Q4 O�Cfianged or}dit�onS s' Amt,i aIF� �i(n?;L� Ver. 10.18.18 CHANGE ORDER REQUEST FORM ❑ Contract Plans. (ref, clot name/no.) Click here to enter text. I CHANGE ORDER AFFECTS DBE PARTICIPATION: ® yes ❑ no (if yes, attach details) CONTRACT NO. [R-37463-B UPON WRITTEN REQUEST FROM THE ENGINEER, PROVIDE ADDITIONAL DETAIL DATE RECEIVED REQUEST FOR January 16, 2020 SUBMITTAL DATE OF February 17, 2020 ADDITIONAL DETAIL ADDITIONAL DETAIL. I DETAILED DESCRIPTION / JUSTIFICATION: (Include location(s), actions of contractor, owner, and other stakeholders, key events and related cause(s), discoveries, discussions, meetings, and effect on the contract if no action is taken. Also include references to key documents attached or available to support this change order request) Per meeting on 1/16/2020, claim has been revised from the original submission on 10/26/2019 based upon final quantities to be paid by INDOT, change orders approved between the time of the original submission and the current submission. and corrections to pricing. i PROPOSED SOLUTION —ADDITIONAL DETAILS: (Include proposed scope of work, means & methods, materials, equipment, utility relocation required, subcontracted scope and the effect on the contract schedule. Also include references to attached documents including, but not limited to, sketches, calculations, photos, material Information, and submittals and meeting minutes.) Click here to enter text. i SIGNATURE Contractor: t Name: (print) ft (signature) f Date: 41-74C�zo pg. 2 CHANGE ORDER REQUEST FORM NOTE. The Contractor should retain a signed copy of this document for record. CONTRACT NO. R-3.7.463-B.: ATTACHMENT: UNIT PRICE ITEMS DETAIL Attach or paste a unit price item detail. DBE: Schedule delay causing time extension of job resulted in additional costs to DBEs M.A.C. Trucking, Busch Landscaping and SJCA PC which are detailed in the following documentation. pg. 3 Milestone Contractors, L.P. Extra Work Pricina Summary Project No: R-37463-B Date Requested: 4/19l201v8 Date Submitted: 10/26/20'19 Resubmitted_ '2/17/2020! Description of Work. Additional cost due to delay Reason for Extra Work: Suspension: of work from 4/19/18 - 6/11 /18 Has Work Already Been Completed? YES When: 1-Jan-19 THROUGH 30-Sep-19 MC LP Project No -�, 184003 —_ _ Cost Activity Code: - Item: Quantity: 1 Units LS Labor: Cost = $94,660.27 Markup % 20% $ 18,932.05 Total $ 113,592.32 Equipment. Cost= $4,787.24 Markup % 12% $ 574.47 Total $ 5,361.70 Materials: Cost= $959.62 Markup % 12% $ 115.15 Total $ 1,074.77 Subcontract: Cost= $ 3,000.00 Markup % 10% $ 300.00 $ 28,086.35 Markup % 7% $ 1,966.04 Total $ 33,352.39 Trucking: Cost = $ 2,617.68 Markup % 12% $ 314.12 $ 2,931.80 $ 134,111.16 $ 22,201.84 $ 156,312.98 Insurance & Bond Cost= $ 1,172.35 Markup % 10% $ 117.23 Total $ 1,289.58 Total $ 157,602.57 Unit Price $ 157,602.57 Extra Days Requested 51 p�, MILESTONE CONTRACTORS, L.P. MCLP#: 184003 pur FORCE ACCOUNT WORK CUSTOMER NO.: REVISED 2020-02-11 A i k m Markup will be added per INDOT or CONTRACT specifications for Force Account Work DATE: 111/19-9/30/19 DESCRIPTION/SCOPE OF WORK: As a result of the 51 day closure, add'] Costs incurred of maintaining lob over the winter, wage rate increases in 2019, additional mobilization In 2019, additional superintendent time in 2019, trucking rate increases, aggregate price increases and additional cost incurred by subcontractor Busch Landscaping ADDRESSILOCATION JOB NO.: R-37463-B DATE EFFECTIVE: 1/1119 - 9130/19 nVFRTIMF WII I RR r:HARr;Fn IN ArrnRnANr.F WRH l INIr1N Ar PF:rMFNTC EQUIPMENT (OPERATOR NOT INCLUDED) LABOR STRAIGHTTIME TIME +112 DBL. TIME DESCRIPTION EQUIP # RATE HOURS TOTAL ($) RATE HR RATE HR RATE HR TOTAL ($) Tractor 37031 -1/1 - 6/30 37031 $72.81 6.00 $436.86 Wage Rate Increase $22 161.91 Trailer 43034-1/1-6/30 43034 $21.32 6.00 $127.92 LABORER $43.42 32 $1389.44 Tractor 37033 - 1/1 - 6/30 37033 $73.09 24.00 $1754.16 OPERHRLYSUPT $60.92 16 $974.72 Trailer 43033-1/1-6/30 43033 $20.85 24.00 $500.40 TEAMSTERAAB - 4/1-6/1 $53.12 12 $71.11 12 $1490.76 Tractor 37031 -1/t -6/30 37031 $0.00 TEAMSTER/LAS - 411-6/1 $53.52 19.5 $71.51 4 $1 329.68 Trailer 43034 -1/1 - 6/30 43034 0.00 TEAMSTER -1 /30 - 4/1 . $50.47 6 $302.82 Tractor 37033 - 111 - 6/30 37033 $71.21 21.50 $1,531.02 SUPERINTENDENT $61.03 1098 $67.010.94 Trailer 43033 - 111 - 6130 43033 $20.32 21.50 $436.8a LABOR COST TOTAL $94,660.27 DOZER SMALL $o.00 MATERIALS & SUPPLIES QUANTITY UNIT PRICE ($) TOTAL($) GRADER LARGE $0.00 Barrett $959.62 GRADER SMALL $0.00 $0.00 RUBBER TIRE LOADER 1 $0.00 1 $0.00 WHEEL TRACTOR $0.00 $0.00 STATIC ROLLER $0.00 $0.00 ROLLER VIBRATORY ASPHALT $0.00 $0.00 ROLLER VIBRATORY DIRT $0.00 MATERIAL COST TOTAL $959.62 ROLLER SHEEPSFOOT 815 $0.00 TRUCKING CO. RATE Hours TOTAL($) LOWBOY TRACTOR & TRAILER $0.00 M.A.C. Rate Increase $1.198.38 WATER TRUCK $0.00 Poindexter Transport (Mobilization) $1,419.30 SINGLE AXLE FLATBED $o.00 TRUCKING COST TOTAL $2,617.68 WALK/HANDCONCRETE SAW $o.0o SUBCONTRACTOR TOTAL($) AIR COMPRESSOR/ATTACHMENTS $0.00 Busch Landscaping $31 086.35 GRINDER ATTACHMENTS $0.00 $0.00 MTLISKID STEER $0.00 $0.00 PICKUP TRUCK $0.00 $0.00 POWERBROOM $O.00 SUBCONTRACTOR COST TOTAL $31,086.35 SIDE PAVER $0.00 CATEGORY COST TOTALS MARKUP TOTALS VACALL SWEEPER TRUCK $0.00 EQUIPMENT WITH MARKUP 12% $4,787.24 $574.47 $5,361.70 $0.00 LABOR WITH MARKUP 20% $94,660.27 $18,932.05 $113,592.32 $0.00 MATERIAL WITH MARKUP 12% $959.62 1$115.15 $1,074.77 $0.00 TRUCKING WITH MARKUP (12%) $2,617.68 $314.12 $2,931.80 EQUIPMENT COST TOTAL $4,787.24 SUBCONTRACTOR WITH MARKUP (10%a FIRST $3000, 7%a AFTER $3000) $33,352.39 Milestone Contractors, L.P. Owners Authorized Representative Jason Price By: Printed: Jason Price Title Printed: Title: TOTAL $156,313.00 Re14d- #: 2 (0510412010) Office Copy - White Owner Copy - Yellow MCLP Superintendent Copy - Pink