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HomeMy WebLinkAboutChange Order No. 16 with Primeland Development Co., LLP for North Black Cat Trunk SewerCHANGE ORDER 16 PROJECT: North Black Cat Trunk Sewer DATE OF ISSUANCE: 11/26/08 EFFECTIVE DATE: OWNER: Primeland Development Co. LLP CONTRACTOR: Primeland Development Co. LLP ENGINEER: JUB Engineers Page 1 of 8 You are directed to make the following changes in the Contract Documents due to the additional 4% for processing change orders + direct admin costs. t Attachments: Time cards ,contract paragraphs and summary of costs. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIlVIES: Original Contract Price Original Contract Times $ 1,717,487.31 Substantial Completion: 168 Days - May 1.2008 Ready for Final Payment: 213 Davs -June 15, 2008 days or dates Net Changes from previous Change Orders No. 1 to No. 15 Net Changes from previous Change Orders No. 1 to No. 15 $ 112 883.58 0 , Days Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 168 Days - May 1, 2008 $ 1,830,370.89 Ready for Final Payment: _ 213 Days -June 15.2008 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 6782 50 0 . Gays Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: Days. -168 Ma lv 2008 $ 1,837,153.39 Ready for final payment: Days - 213 June 15,2008 days or dates RECOMMENDED BY OWNER: By: Date: 11!26/08 APPROVED BY OWNER: ACCEPTED BY CONTRACTOR: By: Date: 11/26/08 Approved by City Council: 1- ~ ~-~ Date: ~ ~'~~' ~.~k ~2.'~' ~ ~ Attest: Ta y de Weerd, Mayor ~?V-i~ c, v(v.~F Date: ~"1, - ~~ _ ~ b Date: _ `\\t~``~~~uttui~rrrrrrr//i / ~~ ~ T ~' F O a Tr:, ~ ~'~ ~~ ~ \. Z, ~'Ig't ,__ ~~, _,``~ .~ ~~ ~ ~ fib. C~Ui t~ t a Administrative Fees- Primeland Development above $65,000.00 Total: Change Orders 1 thru 15 $ 112,883.58 4% Fee due Primeland Development per Section 8 "Change Orders to Construction Contract" $ 4,515.34 Direct Administrative Costs above 4% of change orders per Section 10. B. "Method of Payment." $ 2,267.16 Total due Primeland above Contract amount: $ 6,782.50 k per person and per occurrence, and properly damage with a limit of One Million Dollars ($1,000,000.00) per occurrence, naming both DEVELOPER and CITY as co-insureds. G. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. H. A provision that the contractor shall comply with all applicable laws, rules, and regulations, .and that the contractor shall secure all applicable permits and pay all applicable fees. I. A provision providing at least a one (1) yeaz warranty on the operation and materials of the Project from the contractors, which warranty shall be assignable to CITY. J. DEVELOPER shall have the right to rely upon instructions and the authority of the City Engineer. 6. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: A. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld or delayed. B. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. 7. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct sanitary sewer improvements, as shown on Exhibit `B", at the request of the CITY, it is mutually agreed that the cost of the Project will be reimbursed as set forth herein," subject to actual cost verification by City. DEVELOPER shall fund 100% of the cost of the Project, estimated at ~I.717,484,31, as detailed in Paragraph 10 below, with reimbursement from the CITY in accordance with the provisions of this Agreement: CITY warrants to DEVELOPER that it has su~.cient funds on hand for payment of its shaze of the costs pursuant to the teems of this Agreement. 8. Change Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. The project management fee to Primeland Development Company, L.L.P. for any change order may be fouur (4%) percent of any additional project costs if determined appropriate by the CTI'Y. 9. Completion of the Project. A. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. COOPERATIVE CONSTRUCTION AND REIIvIBURSEMEN'f AGREEMENT -Page 3 of 13 Within fifteen (15) days after delivery of the certificate of compkedon, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non-conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non-conforming matters by the contractors. DEVELOPER shall not be liable for any defaults, omissions, or failures of the contractors unless DEVELOPER failed to exercise reasonable care in the performance of its duties. DEVELOPER warrants to the CITY that it will perform its duties pursuant to this agreement with reasonable care. B. Upon completion of the Project, DEVELOPER shall deliver to CITY. comprehensive as built drawings for the Project, signed and stamped by a licensed professional engineer, in both a reproducible, printed format, on both mykar and in electronic files in AutoCAD. format. C. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials an the Prflject. D. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. 10. Reimbursement to DEVELOPER. A. Estimated Total Reimbursement. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER 100% of project costs, with the total reimbursement to the DEVELOPER estimated at $1,717,484.31. The estimated total reimbursement for the North Black Cat Trunk Sewer is as follows: 1. Construction Bid (Brown Construction) $1,578,937.31 2. Proj ect Management (Primeland Development) $ ~ 65,000.00 3. Engineering $ 60,000.00 4. Survey $ 9,300.00 5. Testing and inspection verification $ 4,250.00 Total $1,717,487.31 B. Method of PaYrnent. To receive payment, DEVELOPER will provide CITY with a written invaice for each Reimbursement Payment. Upon receipt of such invoice, CITY will pay such invoice within forty-five {45) days after receipt, provided that DEVELOPER is in compliance with all other terms and conditions of this Agreement. The invoice from DEVELOPER shall have attached to it all invoices and billings from contractors, engineers, and expenses of contract management verifying the total actual project costs for which DEVELOPER is seeking a Reimbursement Payment. COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 4 of 13 Invoice Primeland Development Company, LLP 3120 W Belltower, Suite 100 Meridian, ID 83646 Phone: 888-3323/Fax: 888-3323 Bill To: City of Meridian 33 E Idaho Avenue Meridian, ID 83642 Item Contractor Construction Bid Brown Construction Project Management Primeland Development Engineering RiveRidge Engineering Survey Idaho Survey Group Testing & inspection Change Order #1 Change Order #2 Change Order #3 Change Order #4 Change Order #5 Change Order #6 Change Order #7 Change Order #8 Change Order #9 Change Order #10 Change Order #11 Change Order #12 Change Order #13 Change Order #14 Change Order #15 Change Order #16 Brown Construction Brown Construction Brown Construction Brown Construction Brown Construction Brown Construction Brown Construction Brown Construction Brown Construction Idaho Survey Group Idaho Survey Group Brown Construction Brown Construction Brown Construction Idaho Survey Group Primeland Development Date: November 25, 2008 Terms: Upon Receipt Description Amount $ 1,578,937.31 $ 65,000.00 $ 60,000.00 $ 9,300.00 $ 4,250.00 Original Estimate $ 1,717,487.31 Deletion of Bore #1 $ (23,198.00) Remove concrete at connection point- Manhole #1A $ 400.00 Remove bridge foundation/unsuitable material $ 17,820.00 Imported trench bac~ll $ 11,360.00 Imported trench backfill $ 13,952.00 Added time for hauling $ - Imported trench backf~ll/Manhole 17A1 $ 24,721.00 Manholes: Bellhaven Sub and Coleman Sub $ 13,166.00 .Imported trench backfill/Manhole $ 22,885.00 Idaho Survey Group- Time & Materials $ 435.00 Idaho Survey Group- Time & Materials $ 435.00 Imported trench backfill $ 12,534.00 60" manhole not installed $ - Clarfication of pipe specs $ 14,368.58 Idaho Survey Group- Time & Materials $ 4,005.00 Direct Admin. Costs- Primeland above $65000 $ 6,782.50 Change order totals $ 119,666.08 Original estimate + change orders $ 1,837,153.39 Adjustments: Engineering credit: $ (8,750.34) Testing & inspection credit: $ (4,250.00) Total adjustments: $ (13,000.34) Total contract less adjustments: $ 1,824,153.05 1st payment- Sept. 18, 2008 $ 1,286,186.31 Final payment now due: $ 537,966.74 ©2003 P3~9 ®4K409 ~~Fl;PLOYEE'S NAME J/ ~g`~~ !~ L~.C`i~J ~ NO. WEEK ENDING: ~[-~ ~ LJ DAT//E: ? C® l $Ot$ NAME OR NO. KIND OFWORK DONE. S. M T 1N' T: F S HRS. RAT AMOUNT A ~ ~J ~ 2 ,~ Z/ ~ f 3 ~~ ~ Fi ~~ ~ 4 C S ~ 1 ~ 3 Jl l~ 5 c~a.l i ~ Z l ~ Z~ 6 is ~ 8 9 t _ 70 TOTAL REGULAR TIME- d/ ! y.. __{{L v + -11 TOTAL OVERTIME APPROVED BY: WITHHOLD S.D.I. F.I.CA MEDICARE STATE W.H. TOTAL EARNINGS - TOTAL DEDUCTIONS DATE PAID: CHECK NO. NET PAY ©2003 13®lF~iP7® 4K409 EPJtPLOVEE'S NAME ~' ~~.~ NO. WEEK E DING: !7 c~S DATE: ~ I4 08 _ gt3R tJAfa~iE OR N(S: ....KIND ~F 1NORK DONE S' " . A?k,. ' ,' 7' F S FIRS. RATE AMOUNT ' . 1. `~ ' ~ aJ f ~ ~ w ~~ 2 t ~® 4 ~. s ~~Dr.'S ~ J/ - 7 6 N 7 $ a' '3 10 TOTALRECULARTIME ~ `( 11 TOTAL OVERTIME APPR®VED BY: WffHHOLD S.D.I. E.I.CA MEDICARE STATE W.H. TOTAL EARNINGS TOTAL DEDUCTIONS DATE PABD: ,,, .... a. ~ ~.;r...r-~.:--: ~...~r:.c~h~.~~:~, CHECK NO. ~,~c:s~renam-a~.:,z~ ~e ra~•~-- NET PAY F ~`EE~L~' ~iME CAR® 02003 ® 4K409 ;~ iMaLOYEE'S NAME ' NO. WE~ D/N® DATE , E ~ JOB NAME OR NO. KIND OF WORK DONE S ~ M T W T F S HRS; RATE AMOUNT - ~ 1 ~ , . ! ~ ~- ~ j f ~~~ 2 ` ~ - ~ a sc ~ 1 ~ 6..J S A~ J / /.2. s l/ / _ r. 6 7 - 8 9 - 70 TOTAL REGULAR TIME ~ tf ~~ ~ 1q TOTAL OVERTIME APPROVED BY: WITHHOLD S.D.I. F.I.CA MEDICARE STATE W.H. TOTAL EARNINGS TOTAL DEDUCTIONS - DATE PAID: CHECK NO. ~ NET PAY - '~EE~~..Y~IME C/~R® 02003 ddEA1F~9tM® 4K409 MP OYEE'S NAME LTG NO. WEEK END - G: ~' ~ afS DATE: ~ eS ~~ J~0 NA1+3E Q7lt'NO. KIfdD OEI~ORK,DO.Nf' S; M T W1z T F 3 FIRS: RAT. 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