07. Resolution 4375 - Thomas, Dean & Hoskins - Woodland Court Change OrderAgenda -November 3, 1997
AGENDA ITEM 7 - RESOLUTION 4375-THOMAS, DEAN & HOSKINS-WOODLAND
COURT
BACKGROUND/CONSIDERATION: This project has an ongoing review by the City Attorney
and other members of the staff. Additional inspection time was apparently required for this project
and is the reason for this change order request. I have enclosed a memo from the City Attorney.
Since this project was started and basically finished prior to my arrival, I have turned this review to
those who are familiar with the project. Specific questions for this item should be directed to the City
Attorney.
RECOMMENDATION: On this item, a recommendation should be received from the City
Attorney ---there could be legal actions pending for this project.
ACTION REQUIRED: If you desire to approve the change order, this action should be completed
by RESOLUTION 4375.
RESOLUTION NO. 4375
A RESOLUTION TO ALTER AND AMEND THE CONTRACT WITH THOMAS, DEAN &
HOSKINS, INC. ON THE WOODLAND COURT/TETON TERRACE PROTECTS.
WHEREAS, the City on May 5, 1994 did enter into a contract
with Thomas, Dean & Hoskins, Inc., for the construction of certain
improvements connected with the Woodland Court/Teton Terace
Projects, and
WHEREAS, certain elements in the project required additional
work, as well as time to complete; and said additional work and
time requirements could not have been necessarily foreseeable when
the original construction contract was entered into, and said
changes are contained in Addendum "D", attached hereto and are by
this reference made a part hereof; and
WHEREAS, upon the advise and recommendation of Roger
Sommerville, of Thomas, Dean and Hoskins, Inc., (the City's
Consulting Engineers) it appears in the best interests of the City
to approve said changes and alterations.
NOW THEREFORE, pursuant to the provisions of Section 7-5-
4308(1) MCA be it hereby resolved:
1. The alterations and modifications of the contract between
the City of Kalispell and Thomas, Dean & Hoskins, Inc., dated
January 6, 1997, as set out in Addendum "D" attached hereto are
hereby approved, and
2. As soon as the alterations and modifications are agreed to
in writing, signed by the City Manager, as hereby approved by the
Council, this approval thereof shall be in effect.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF , 1997.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
j \wp\res\chngtdh
1 1 � i jU l
The Agreement dated the 5th day of May, 1994, by and between the City of Kalispell
and Thomas, Dean & Hoskins, Inc. is hereby amended as follows:
Part II - Payment for Services
Paragraph F, add the following:
The fee for construction management services for the Woodland Court Project shall not
exceed fifty-nine thousand, two hundred and twenty-five and NO1100 dollars
($59,225.00). Fee shall be billed at two times payroll plus out of pocket expenses at
actual cost plus ten percent (10%). Mileage shall be charged at a rate of $0.35 per mile.
The fee for construction management services for the Teton Terrace Project shall
not exceed twenty-five thousand, three hundred and N01100 dollars ($25,300.00).
Fee shall be billed at two tithes payroll plus out of pocket expenses at actual cost
plus ten percent (10%). Mileage shall be charged at a rate of $0.35 per mile.
In Witness whereof the parties hereto have executed this amendment to the contract this the _
day of , 1996.
THOMAS, DEAN & HOSKINS, INC.
Michael W . Fraser
Vice President
CITY OF KALISPELL, MONTANA
Clarence Krepps
City Manager
Addendum "D" - 1
•
ENGINEERING CONSULTANTS
690 North MerkRan, Suite 101 • KalispeN, Montana 59901 • (406) 762-5246 • FAX (406) 752 5230
Susan Moyer
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903-1997
RE: Woodland Court/Teton Terrace
Attached is the financial summary on the two projects. We will discuss each project in detail
but may summarize project status as saying both projects are substantially complete and under
budget.
,oaf ►.I.5I
Schedule I & II, NUPAC is the contractor for the water, sewer, drainage and subbase
preparation. Contract amount was $280;847 00. Change orders were' approved by the council
allowing work to progress on a working day and days worked basis. The contractor worked
intermittently thru the winter, spring and summer of 1996. Sixty calendar days or 43 working
days were allocated by contract. With the change orders, the project was completed in 122
working days.
Furst day of contract time was December 6, 1995, at which time work commenced on a days
workea contract per Change Order No. 1. On March 16, 1996, the 37th day worked, the
contract time was changed to working day, any day on which site conditions allowed proceeding.
The 60th day was May 6, 1996. Contract work was substantially complete on August 16, 1996
the 122nd day. Enclosed is the final pay estimate for processing.
Section 1005 provides for fees and liquidated damages. Paragraph 3.2 defines the fees and
Paragraph 3.2.5 states "the Contractor shall reimburse the Owner for all costs incurred as a
result of the Contractor's failure to complete the work within the time period specified..."
Engineering fees from bidding through May 6, 1996 are $29,190.82. Our fee estimate was
$27,165.00 for 90 calendar days or sixty-four working days of construction for an three -
schedules. Sixty for Schedules I & II and 30 for Schedule III. This fee was expended in six
months of construction or sixty working days because of the increased pay estimates,
administration and the extended construction time of the working day contract. The amount of
OFFICES IN GREAT FALLS, BOZEMAN, KALISPELL, SPOKANE AND LEWISTON ACEC
Susan Moyer
December 5, 1996
Page 2
$2,025.82 should be a contract increase to the engineer. After May 6, 1996, through August
16, 1996, TD&H incurred fees of $8,635.80. which should be deducted from the Contractor
NUPAC. The contract provides for a $200.00 per day liquidated damages fee. We recommend
the City refer the assessments of damages to the attorney.
Final construction contract amount with all change orders will be $276,736.50 or $4,110.50 less
than the original contract.
Schedule IH. Contractor is A-1 Paving for a contract amount of $80,056.00. Contract time was
30 calendar days. Enclosed is the final pay estimate and change order for processing.
First day of contract was August 19, 1996, construction commenced on a calendar day basis.
Change Orders to the A-1 contract added the basic electrical, telephone and cable t.v., street
light bases and top soil behind the curb. With Change Order No. 1 and proposed Change Order
No. 2, enclosed, contract time is 58 calendar days. The last day of contract time was October
25, 1996, which was the 68th day.
Engineering fees from August 16, 1996 through October 15, 1996, the 54th day are $18,293.49.
These fees should be added to the engineering agreement. Fees from October l 1,1996 through
October 25, 1996 are $3,240.53. We recommend assessing the Contractor the, fees !from
October 15, 1996 through completion, $3,240.53.
A-1's final contract amount will be $132,222.00 which is for the base course, asphalt, sidewalk
curb and gutter, drainage swale and backbone electrical.
The engineers construction management contract should be increased to $58,735.00 to cover
these increases in time and services.
Completion costs for Woodland court including the increased engineering is $488,914.00
compared with a budget of $489,748.00.
s "I AX-6i
Contractor is Sandon Construction with a contract amount of $191,525.76.
The first day of construction was July 22, 1996. The project was nfttantially Mete on
October 19, 1996. Contract time was 90 calendar days. The project was completed on time.
Susan Moyer
December 5, 1996
Page 3
The electrical service to the lots was added to Sandon's contract which increased the contract
to $197,823.76. Final contract amount will be $198,252.35. Final pay estimate is enclosed.
Inspection fees were budgeted for $27,165.00. The final invoice will total $25,298.24, which
is $1,866.76 under the contract.
Completion costs for Teton Terrace including all construction and engineering is $240,787.35
compared with a budget of $282, 840.00.
We have also enclosed a contract amendment increasing the engineering in Woodland from
$27,900.00 to 59,255.00 and decreasing Teton Terrace from $27,165.00 to $25,300.00
Please contact us if you have any questions.
Very truly yours,
THOMA , DEAN & HOSKINS, INC.
Michael W. Fraser
MWF:sb
K94-46-5
K94-46-4
c:dec5moye.1tr
Encl:
CITY OF KALISPELL Date: November 20, 19%
PROJECT: WOODLAND COURT Pay Estimate No. 7
JOB /: K94 46-4 Page 100
3
Amount Completed To Date $269,936.50
Less Retained Percentage (S% of the total) 13 4,Q�3
Subtotal $256,439.67
Of
Amount DuejepL
evenue
Contractor
Estimate ii
$40,26337
$402.63
$39.960.74
Estimate 02
$81.927.83
$819.28
$91.105.55
Estimate 03
$94.387.60
$943.88
$83.543.77
Estimate #4
$6,251.40
$62.51
$6.188.99
Estimate 15
$8,486.21
$84.86
$8,401.35
Estimate 16
$16,015.32
$160.15
$15.855.17
Less Previous Payments $237.331.73
Amount Due Contractor $19,107.94
Less I % Dept. of Revenue $191.08
TOTAL AMOUNT DUE $19,916.86
We hereby certify the work for which payment is hereon requested has been performed in accordance with die specdication►s.
CONTRACTOR: PACK AND COMPANY
We hereby c e tify the foeegoing is a true acid correct statement of the amount due the Contractor for coastrnexioo, to date,
of the above project, and payment for same is heresy recommended.
EN THO & HOSKINS, INC.
By.
CITY OF KALISPELL
APPRO
as KIoyer, tatofviunpeu a
CITY OF KALISPELL
PROJECT:
WOODLAND COURT
JOB #: K94.464
SCHEDULE I - S(TE GRADING AND DRAINAGE
IMPROVEMENTS
ITEM
DESCRIPTION BID
ppUANTI
QUANTITY
COMPLETEDEDED
1.
MOBILIZATION LUMP SUM
50 %
2.
IMPORTED
BORROW 3900 CY
2102.3 CY
3.
EXCAVATION, TYPE I
W/ TYPE A
BACKFILL 40 CY
0 CY
4.
12" STORM DRAIN
PIPE, CLASS 11,
IN PLACE 120 LF
120 LF
5.
SCE ULVERT,
IN 104 LF
104 LF
6.
STORM DRAIN
INLET 1 EA
1 EA
7.
RIP RAP
IN PLAGUE 12 CF
12CF
SUBTOTAL SCHEDULE I
SCHEDULE H - WATER AND SEWER IMPROVEMENTS
WATER
1.
TYPE It PIPE
BEDDING
PLACE
IN 50 CY
0 CY
., 2.
IMPORTED
BACKFU L 1050 CY
881.3 CY
3.
WATER MAINS, IN PLACE -
8" PVC DR 18 1242 LF
1248 LF
12" PVC DR 18 369 LP
363LF
4.
GATE VALVES do VALVE
BOX, IN PLACE
8" 4 EA
4 EA
12" 2 EA
2 EA
5.
FIRE HYDRANTS W/
AUXILMLRY GATE
VALVES AND BOX.
IN PLACE 3 EA
3 EA
6.
3/4" WATER SERVICE
IN PI.ACE-INCLUDINts
PIPE CORPORATION
S go. CURB STOP
AND CURB BOX 24 EA
22 EA
7.
CONNECTION
XWTING WATER
MAIN. IN PLACE i EA
1 EA
S.
PRESSURE AND LEAKAGE
A`B<ST F dt
71% OF ITEM 7 LUMP SUM
100%
UT
PRICE
$10.000.00
$4.60
$7.00
$25.00
$33.00
$1.500.00
$20.00
$18.00
$13.00
117.00.
$750.00
$1.2W.00
$2,5W.00
$600.00
$1,500.00
$500.00
Dace: November 20. IM
Pay Estimate No. I
Page 2 of 3
VALUE OF WORK
CO
TO DATE
$5,000.00
$9,670-9
$0.00
$3,000.00
$3.640.00
$1,500.00
$240.00
$23,050.58
$0.00
$11,456.90
$21A16.00
$9,439.00
$2;400.0000
$7,500.00
$13,200.00
$1.500.00
$500.00
CITY OF KALISPELL
PROJECT: WOODLAND COURT
JOB #: K94464
ITEM
ID
QUANTITY
DESCRIPTION QUANTITY
COMPLETED
9.
CLEANING OF WATER
MAINS -MIN OF 7§%
OF ITEM 7 LUMP SUM
100 %
10.
DISINFECTION AND
BACTERIOLOGICAL
TESTING OF
WATER MAINS -MIN OF
5 % OF ITEM 7 LUMP SUM
1 EA
11.
CAST IRON FITTINGS,
IN PLACE 1240 LBS
1023 LBS
SEWER
12.
TYPE It PIPE
MATERIAL,NG
IN PLACE CE so CY
18 CY
13.
IMPORTED
BACKFILL 3170 CY
3074ACY
14.
EXCAVATION
TYPE 2 W/
TYPE A BACKPIL L 2250 CY
3697A CY
TYPE 1 W/
TYPE A BACKFILL 1615 CY
0 CY
15.
SANITARY SEWER,
IN PLACE
8" PVC SDR 35 2423 LF
2428 LF
8' PVC DR 18 290 LF
310 LF
16.
TESTING COMPLETE
AND ACCEPTED -
�.
MIN OF 3 % OF
ITEM 15 LUMP SUM
100%
17.
SANITARY SEWER
MANHOLE, IN "
PLACE 10 EA
SEA
18.
SANITARY SERER
DROP MANHOLE,
IN PLACE 2 EA
2 EA
19.
EXTRA DEPTH OF
MANHOLE, IN
PLACE 27 VF
33.8 VF
20.
EXTRA DEPTH OF
DROP MANHOLE,
IN PLACE 16 VF
16A VF
21.
SANITARY SEWER
SERVICE, IN
PLACE 712 LF
83OLF
22.
CONNCTION TO
EXISTING SEWER 1 EA
1 EA
SUBTOTAL SC3EI9DULE U
SUB -TOTAL SCHEDULES I & H
APPROVED ADDITIONS AND DELEnONS
I. Connect to Exisft Water Servioe (3)
2. Water Main Adpsbment
3.Asphah Pavement Replacement
SUB -TOTAL ADDITIONS
PROJECT
TOTAL
PRNIT
IUU
$18.00
$13.00
$6.00
$6.00
13.00
16.00
$1,700.00
$3,665.00
$4,490.00
$180.00
$180.00
$10.00
$500.00
Date: November 20, 199i
Pay
Estimaw No. 7
e 3 of 3 P
VALUE WORK
TO DATE
$500.00
$500.00
$3,069.00
$324.00
$39,963.30
$22,182.60
$0.00
$31,564.00
$4,960.00
$1,700.00
$29,320.00
$8,980.00
$6.094.00
$2,952.00
$8,300.00
$500.00
$231,109.80
$254,160.38
$1,168.01
$8,261.11
$6.347.00
15,776.12
i'269,936.SO
CITY OF KALISPELL
PROJECT: WOODLAND COURT
JOB N: K94464
Amount Completed To Date
Less Retained Percentage (5% of the total)
Subtotal
Estimate 11
Estimate #2
Estimate #3
Estimate #4
Less Previous Payments
Amount Due Contractor
Less 1 % Dept. of Revenue
TOTAL AMOUNT DUE
Dept. of
Total Revenue Contractor
$94,680.10 $946.80 $83,833.30
$40,930.80 $409.31 $40,521.49
Date: November 19, 1996
Pay Estimate No. 2(Al)
Page 1 of 2
We hereby certify the work for which payment is hereon requested has been performed in accordance with
the specifications.
CONTRACTOR: A-1 PAVING, INC.
J-Z� MAdk-
qg
Arnie Mohl
We hereby certify the foregoing is a true and correct statement of the amount due the Contractor for construction,
to date, of the above project, and payment for same is hereby recommended.
ENGUMER: THOMAS,-DE..AN dt HOSENS, INC.
By.
og
CITY OF KALISPELL
APPROVED:
Susan Moyer, ity o
$132,222.00
$125,610.90
$84,680.10
$40,930.80
$409.31
$40,521.49
CITY OF KALISPELL
PROJECT:
WOODLAND COURT
- JOB 1: K94-46-4
t
SCHEDULE III - STREET PAYING IMPROVEMENTS
BID
QUANTITY
ITEM
DESCRIPTION
OUANTTTY
COMPLETED
1.
Subbase Course
Material
1550 CY
1675 CY
2.
Crushed Gravel
Material
312 CY
684 CY
3.
Bituminous Prime
Coat
1270 GAL
0 GAL
4.
Bituminous Tack
Coat
360 GAL
170 GAL
5.
Asphalt
Pavement
3640 SY
3957 SY
6.
Combined Curb do
Gutter
1190 LF
2535 LF
7.
Concrete Sidewalk
9750 SF
12545 SF
8.
Concrete Inlet
Apron
4 SY
0 SY
9.
Concrete Valley
Gutter
13 SY
13.3 SY
10.
Moved to Schedule
I&11
0
0
11.
Asphalt Pavement
Overlay
250 SY
0 SY
CO #1
Electrical Utility
Const.
LUMP SUM
1
CO P2
Concrete Light
Pole Bases
4 EA
4 EA
Clearing &
Excavation
4 HRS
8 HRS
Extend 12" CMP Culvert
16 LF
16 LF
Construct Drainage Swale
8 HR
8 HR
Place Top Sod
80 HR
80 HR
TOTAL SCHEDULE HI
Date: November 19, 1996
Pay Estimate No. 2(A1)
Page 2 of 2
UNIT VALUE OF WORK
PRICE COMPLETED TO DATE
$12.00
$20.100.00
$18.00
$12,312.00
$2.00
$0.00
$3.00
$510.00
$5.50
$21,763.50
$7.00
$17,745.00
$2.00
$25,090.00
$0.00
$0.00
$40.00
$532.00
$0.00
$0.00
$11.00
$0.00
$22,809.30
$22,809.50
7,z-,;o
$300.00
$1,200.00
$100.00
$800.00
$35.00
$560.00
$100.00
$800.00
$100.00
$8,000.00
$132,222.00
M
5A
0 01 s) A; l l l dwbu
The Agreement dated the 5th day of May, 1994, by and between
the City of Kalispell and Thomas, Dean & Hoskins; Inc. is hereby
amended as follows:
Part I - Scope of Services
Paragraph E, Add the following:
Complete field surveys, design, plans, specifications and
bid documents for extension of City Services and Site
Development for 18 lots on the 4.199 Acre Site on
Hawthorne Avenue. The improvements are generally:
Water Main Improvements
1250 L.F. 8"
80 L.F. 6"
2 fire hydrant services.
Sewer System Improvements
600 L.F. 8" sewer
18 services, manholes and cleanouts
Site Development:
- Site Grading Plan
- Drainage
- Curb and Gutter
- Paving
Part I - Scope of Services
Paragraph F, add the following:
It is mutually agreed Resident Inspection services are
necessary and will be provided by the consultant.
Part II - Payment for Services
Paragraph E, add the following:
The lump sum fee for field surveys, design, plans,
specifications and bid documents shall be thirteen
thousand eight hundred fifty and N0/100 ($13,850.00).4/
The fee shall be paid prorate completion.
The lump sum fee for preliminary plat review and final plat
preparation shall be seven thousand six hundred and N0/100
($7,600.00). The City shall pay review and title fees.
Addendum "C" - 1a �� 5
1OV,O-
The C1 hSp!211
Incorporated 1892
Office of the City Attorney
Glen .Meier, City Attorney
Richard Hickel, Asst. City Attorney
Theresa Mute, Legal Secretary
October 31, 1997
To: Manager, Majq)j and City Council
From: Glen
Re:
Telephone (406)758-7708
P.O. Box 1997
Kalispell MT 59903-1997
Fax (406)758-7758
For the past several months this office has been involved in a series of on -going discussions with
NuPac and Thomas, Dean and Hoskins regarding final pay estimates and engineering billings on the
above -referenced project. As of the date of this memo there are three outstanding issues disputed
by the City in Schedule III for NuPac, (backfill sewer, backfill water, and subbase course material).
TD&H has submitted a request for a Change Order increasing the lump sum construction services
agreement from $27, 900.00 to $59, 225.00. TD&H claims extra cost associated with the inspecting
beyond the anticipated completion date of the NuPac schedule. I have attached hereto, a copy of
Addendum C to the TD&H contract, wherein a, lump. sum.fee for inspection was established and a
basis for payment formalized. I have further attached hereto a recapitulation of the Monthly Man
Hours expended by TD&H on the Woodland Court Project. I have reviewed daily logs and reports
made by TD&H and cannot disagree with TD&H's contention that the firm expended more time than
expected on the project. However, it does not appear that the additional time occasioned a change
in Scope of Services.
This office has retained the services of Jerry Hanson, P.E. and Dick Smith, RLS and we are
attempting to reconstruct the project in reverse in an effort to reconcile the dispute with NuPac and
TD&H. The effort will require some expenditure of time and money. This office previously
communicated our position on the NuPac claim in May of this year. Basically the stance has not
changed, but certain matters have come to our attention which we feel a duty to investigate.
This office has prepared a Change Order Resolution at the request of TD&H for your consideration.
The decision on whether to grant the Change Order rests entirely with the Council.
IAwplfraiser.wpd
47
Paragraph F, add the following:
The fee for construction management services shall not
exceed twenty seven thousand, one hundred and sixty-five
dollars and N01100 ($27,165.00). Fee shall be billed at
two times payroll plus out of pocket expenses at actual
cost plus ten percent (10%). Mileage shall be charged at
a rate of $0.35 per mile.
In Witness whereof the parties hereto have executed this amendment
to the contract this the )a�`' day of OC+0 ber , 1995.
THOMAS, DEAN & HOSKINS, INC.
*M11cha0e1UW. Fraser
Vice President
n
CITY OF KALISPELL, MONTANA
Bruce Williams
City Manager
Addendum "C" - 2