HomeMy WebLinkAboutChange Order No. 3 with Rule Steel for Settlement of Liquidated Damages New City Hall (2)~fTY ®~ MER~~I~~
33 S7' 6®A&°i~
ERI~IAtd, i~ S3 2
CFiAtdC9E RDER NO. 03
Piao.~EC NO. C!i -d~
DATE: a/2o09
EFFEGT DATE:
CONTRACTOi2: R~lLE ~TEE~ ~
The c8or is he directed to make the following changes front the Docu and Plans,
® "ptiSrt: t of ail issues rel to tlquld and co raga d tlma fan, minting
bank oharg and dial work on sunshade frarnas .
OTIi SAND CON[21TIt~NS REMAIN °faiE E.
pon for Change C)rder. 5®tdement of liqut damages
XtffiChnte :Change order ' riptlon, d 3!11!08, with ~corttractor qu
~H ~E IN CANT CT PACE: C~ GE lid ~~T CT TIMES:
Ut`t~iPi~l ~tlflfYat)t ~rIC~ 1,847,aaa.aa Origlnai Contract Times: Subs ntiai Completion 1abl07
Net Chang®s form previous Change Orders Nat changes form previous Ch nge Orders
No. 0 to 01 No._ to _ {cate~~ days?
~7s,~~s.aa ~®ne
Contract Pnoe Prior to this Change Order. Contraot Times peior to this C nge Order:
(calendar days or datep
$1,926,8 s.aa 4tu5t2i~17
Net (d } of this Change Order; Net Increase (decrease} of th' Change Order:
lcal~dar days or date)
~~15,75i~.aa) 97 Calendar Days
Conttaci Prks with ail Approved Change Orders: Contract Tknes with att Appro Change Orders:
x,910,73;3,06 ~,
,~ {giendar days)
Su n~E~l C~ni~l °®
96~ BIOS /~
ANGE ORDER
~~ No. 00003
323-4540 ~,
BOISE, IDAHO ~
RCE-1875 i• ~ ~, ~~t~Q
LID _ ~.,_.._:-
Gtffi~TSRAL CarSTRACiiORS ~
1097 N. ROSARIO STREET • MERIDL4W, ID 83642 • PHONE: (208 323-45 • FAX: 208 323-4507
TITLE: Settle of Outstanding Liq. Damages DA 2/4/2009
PR07ECT: Meridian Ctty Hall ~O :060675
TO: Attn: Steve Norquist CO CT NO: 6
Rule Stieel
21985 Middleton Road
Caldwell, ID 83605
Phone: 208 585-3031 Fax: 208-585-2506
RE: To: From: '~ Number:
6S~
* * All taxes are included In costs
_ ~ TaSc ~ - 'Fax ~ ~ Nett
' a Qu~t+tY R'~de'>Eta>he Arre4rrlnt lrrnt
00001 Sett of aU rued rdahed to Contradtrs time exterslon requests ar~d the 1.000 Is ($14,000.00 0.00% $0.~ ($14,000.00)
assessment of gqutdabed damages for delays to oompleting the project by the
oontradual sututarttial completion date. ',
Contactor is g~ a time exterulon equal to 97 calendar days for the ASTs '
-7,8,13,18,23,52,54,RF1-74 Berk Plate and weatl~er delays. The 97 caler~
days would extend the contract subdantial completion date from October 5,
2007 to.Jarwary ii, 2008. The 97 calendar days is to be ca> fu9 and
final ~ of ap requests and otalms for additional tJrra' and costs related to
• ttte project Thy would hxiude aU n~uests relied to weather delays and
delays,to the original sdceduled dart date. No time exter>sior~ are granted f~
ASPS 13 & 19, RFTs - 73, 74, 93 & 94. ~
The Contractor was deemed Subdantial Complete as of February 8, 2008. The '~
difference between'the new proposed eontraclual sutdantial completion date of
]anuary 11, 2008 and the actual substartltal canpk:tton date of February 8,
2008 ~ 28 Calendar days. ,
Unit Cost: ($15,750.00)
Unit Tax: $0.00
Lump Sum: $0.00
Lump Ta~c $0.'00
~° GC markup: ~
Total: [$15.750.00)
The Origins! Contract Sum was .....................................................................r........................... $1,847,000.00
Net•Change by Previously Authorized Requests and Changes ....................~........................... $79,485.00
The Contract Sum PMor to This Change Order was ..........................~........................... $1,926,485.00
The Contract Sum Wail be Deca eased .......................................................F....................,...... {$15,750.00)
The New Contract Sure Including This Change Order ................................................... $1,910735.00
The ContractTime•1fYi11 be~Incxeased ........................................ ~ ...............................,... 97days
The Date of Srtbsbatndat Com n as otF this Cha Order The is ............................ 2/11/08
ACCEPTED:•'
Rnle Steel - r ~ ' ~ Petra Incorpora ~ LCA Arc tech, P
' S'~ 'r'4 ~ - To Cou ~~ Steve Christensen
Date: Date: Date: ~ ``
• I ,,,~_
CHANGE ORDER
~ !~ No. 00003
323-4500
BOISE, IDAHO
RCE-1875
1097 N. ROSARIO STREET • MERIDIAN ID 83642 • PHONE: 208 323-4 0 • FAX: 208 323507
TITLE: Settle of Outstanding Uq. Damages DA 2/4/2008
PROJECT: Meridian City Hall JO :060675
TO: Attn: Steve Norquist CO CT NO: 6
Rule Steel
216 Middleton Road '~~
Caldwell, ID 83605 '~,
Phone: 208 585-3031 Fax: 208-585-25~
RE: To: From: ! Number:
The Contracba ~ to be assessed pquidabed .damages for the 28 calendar days '~,
their wait erdended beyond the contractual substar~fal car~pletion date. Per the i
• contract Ikpddabed damages are assessed at a rate of $5~/day. The total cost
I
tq be aid against the cow for the 28 calerr~r days at $500/Day is l
$14,000. i
Fa' further details reference attacfred Petra memo to ICeitlr Watts, C1ty of
Meridian, dated 11/19/08; Re: Rrt~ ~ -Time Exterrsfon & 1lqutdated
Damages -Meridian CJty Hall.
00002 Stauhade Remedial Wok -labor and equipment m borrdo & smooth roes marks 1.000 ~ $2,943.00 0.0090 $0.00 $2,943.00
and seam in sttr>lstrade sheet members. Rill marks and seams are rrorm~ for
structural steel unless spedflcatly rued as archited;urat e~osed. Rule Steil
quote 8/28/08. 'I
00003 Badcdwrge for add[dona! painting watt dare an sunshade steel otter misplaced 1.000 ~ ($1,105.00) 0.00% $0.00 ($1,105.00)
'. dips had tp be re-locsb~. Commerdal Painting hn-oiaess #~2~275, dated
10/1/~ & ~2cJ0277, dated 10/3/~
00004 8adcdrarge for removing panels hutalled & removed when R w~ 1.000 ~ ($1,000.00) 0.00°k $0.00 ($1,400.00)
deberrnbred that the dip bcatton was wrong arxt lrad Uo be re-done. Garr
®85S imroibe #12255, dated 9J~/~
00005 Badcdrarge for fan rental f~ stairway vendladon when stair handra8 returns 1.000 ~ ($176.00) 0.00% $0.00 ($176.00)
were be rev+rbrked: Totes invoke 10/3 ',
Unit Cosh ($15,750.00)
Unit Ta~c $0.00
Lump Sum: $0.00
Lump Ta~c $0.00
GC markup: SO.00
Total: ($15,750.00)
The Original Contract Sum was ................................................................,
Net Change by Previously Authorizes Request and Changes ...............,
The Contract Sum Prior to This Change Order was .....................,
The Contract Sum YYIII be Decreased ..................................................,
The New Contract Sum;Induding This Change Order .....................,
The Contracl:'ftme YViQ be Incveased .................................................
The Date of Substantial Completion as of this Change Order Therefore is
ACCEPTED: ' ,
Rule Steel Petra )<ncorporated ~
By: By:
Steve rquist
Date: ~ Date:
. . ... . . .... . . . . . . . .. .. . . . . .
$1,847,000.00
$79,485.00
$1,926,485.00
($15,750.00)
$1,910,735.00
............................. 97 days
............................. 2/11/08..
LCA Architects, PA
B3'~
Steve .
Date:
~zot's
323-4500
~T.s~, mAxo
RCE-1875
CHANGE ORDER
No. 00003
1097 N. ROSARIO STREET • MERIDIAN ID 83642 • t~F10NE (208 323-45 • FAX: (208 323~t507
'TITLE: Settle of Otrt~anding Liq. Damages DA 2/4/2009
PRQ7ECT: Meridian City Hall ]O :060675
TO: Attn: Steve Norquist
Rule St~l
21986 Middlemn Road
Caldwell, ID 83605
Phone: 208 585-3031
RE:
Fax: 208-585-2506
To:
From:
p.1~1~ Qu~n~tb-
00006 Badcdtarge for addit~rtat paintlng & ~ work on the stair raq returns that 1.~0
were revised to try Code. The addlUonal work was date on Rule Steels
rem and behalf by Commercial Rairttirtg. Canrnerdal Painltng trnrotoe
#3391, dated 10/lOJ~
NO: 6
Number.
Tax Tax- flat '
Rath: ' ~'''A~111><t ~Jfloul[A~
0.00% $0.00 ($2,412.00)
Unit Cost: ($15,750.00)
Unit Tax: $0.00
Lump Sum: $0.00
Lump Tax: $0.00
GC markup: 50.00
Total: ($15,750.00)
The Original Contract Sum was ...................................................................~............................. $1,847,000.00
Net Change by Previously AuthoNzed Requests and Changes ............................................... $79,485.00
The Contract Sum Prior to This Change Order was ........................~............................. $1,926,485.00
The Contract Sum Will be Deca eased .....................................................~..........................,.. ($15,750.00)
The New Contract Sum including This Change Order ..................................................... $1,910,735.00
The Contract Time Will be intreatsed ................................................................................ 97days
The Date of 5ubs~ntial Corn letion as of this Change Order Therefore Is ............................. 2/11!08
ACCEPTED:
Rule St~l
By:
Steve Norquist
Petra Incorporated
By~
Tom Coughlin
Date: Date:
LCA Architects, PA
sy:
Steve ensen
Date:
r.~.3 ora
ERIi CI'iY tiLL
I'R®.FECT NQ: CH-06-001
RULE STEEL - Ph e 2 (OS)
CH GE ®R®ER N® 3
C GE ®R®ER ITEMS
03!11/09
Settlement of all issued related to Contractors time extension
requests and the assessment of liquidated damages for delays i
completing the project by the contractual substantial completion ate.
Contractor is granted a time extension equal to 97 calendar day for
the ASI's -7,8,13,18,23,52,54,RF1-74 Bent Plate and weather del ys.
The 97 calendar days would extend the contract substantial
completion date from October 5, 2007 to January 11, 2408. The 97
calendar days is to be considered full and final settlement of all
requests and claims for additions! time and costs related to tl~e
project This would include all requests related to weather delay and
delays to the original scheduled start date. No time extensions a e
granted for ASI's 13 & 19, RFI's - 73, 74, 93 & 94.
The Contractor was deemed Substantial Complete as of Februa~+ 8,
2008. The difference between the new proposed contractual I
substantial completion date of January 11, 2008 and the actual
substantial completion date of February 8, 2008 is 28 calendar d ys.
The Contractor is to be assessed liquidated damages for the 28
calendar days their work extended beyond the contractual subs ntial
completion date. Per the contract liquidated damages are asses~al at
a rate of $500/day. The total cost to be assessed against the
contractor for the 28 calendar days at $500/Day is $14,000.
For further details reference attached Petra memo to Keith Watl
of Meridian, dated 11119/08; Re: Rule Steel -Time Extension ~
Liquidated Damages -Meridian City Hall.
Z Sunshade Remedial Work -Labor and equipment to
bondo & smooth rolls marks and seams in sunshade
steel members. Rol6 marks and seams are normal for
structural unless specifically noted as architecture! exposed.
Rule Steel quote 8/28108.
3 Backcharge for addifional painting worts done on sunshade
steel after misplaced clips had to be re-lac~ted.
Commercial Painting invoices #290275, dated 10/1/08 &
#290277, dated 1013/08
4 Backcharge for removing sunshade panels installed & removed
when it was determined that the clip location was wrong and had
to be re-done. Custom Glass invoice #12255, dated 9/30/08
5 Backcharge for fan rental for stairway ventilation when stair
handrail retums were be reworked. Tates invoice 10/3
6 Backcharge for additional painting & prep work for the stair rail
retums that were revised to meet code. The additional work was
done on Rule Steels request and behalf by Commercial Painting.
Commercial Painting invoice #3391, dated 10/10/08
City
{14,000.00}
2,943.00
{1,105.00)
{1,000.00}
{ 176.00}
{2,412.ao}
{ 15, 750.00)
Page 1 of 1
1097 N. Rosario Street, Meridian, JD 83642 Phone (208)323-4500' Fax (208)323-4507
Date: November 19, 2008
To: Keith Watts, Purchasing Manger, City Of Meridian
From: Tom Coughlin, Project Manager
Re: Rule Steel -Time F~ctension 8 Liquidated Damages
Meridian City Hall
As a result of discussions with Rule Steel c~nceming time extensions for ditlonal work and the
assessment of liquidated damages Petra has #ormulated a n3commendati n for a full settlement with Rule
Steel on these issues. It is our recommendation that Rule Steel be grant a time extension of 97
calendar days and be assessed liquidated damages for a period of 28 cal Haar days in the amount of $
14,000. The methodology used to arrive at this recommendation is summ rued below.
Rule Steel would be assessed with liquidated damages as a result of their failure to complete the contract
work wiifiin the originally scheduled duration. However the originally sc uled duration has been
impac~l by the numerous changes to the project. Rule Steel has requested time extensions for the
various ASI's and RFi's issued to-date. Petra Inc. has reviewed the requests and the actual scenarios
involving the progress of their work and has prepared the following update~t synopsis of the timeline of
events concerning this issue.. ',
Rule Steel`s contract indicated a start date of July 16~', 2007 and a substa tial completion date of October
5a', 2007. Rule Steel actually started erection on July 30s', 2007 and in P 's opinion obtained
substantial completion on February 8~', 2008. The substantial completion to is the date that Petra feels
the structural steel was completed to a point so as not to impede any crib path follow-on work required
to complete and/or dry-in the building. Work on the project by Ruh Steel d d continue after this date.
The delay in the start of the steel erection was the result of the work on th
completed to a point to allow the steel erection to procxecl until July 30~'.
due to this delay will need to be credit to the contract duration allowed for
noted that the delay was not the fault of the masonry contractor or anothe
impact of the changes to the building design relating to the unsuitable ma
the addition of the basement.
Rule Steel had previously been informed that liquidated damages would
26~', 2007 if the entire structural steel scope of work was not completed t
26'" date stated in Petra's November 1~ letter was an estimated contract
adjustments for weather days and a time extension for the change order
the November 1~ date the project had experienced 12 weather days and
extension of 27 work days for the ASUchange order work included in Cf~
days to calendar days would result in an extension of 53 calendar days.
contractual completion date of October 5a' results in a projected compeet
CMU stair towers not being
'he 14 calendar days lost to
~e steel erection. It should be
contractor but was due to the
trial, raising the building and
assessed starting November
~r to the 26~'. The November
mpletion date based on
rk included in CO#01. As of
de Steel had requested a tlme
I. Converting the 39 work
ding the 53 days to the
date of November 25"', 2007.
Since November 1~ Rule Steel has requested an additional 44 days for th~ pending change items
included in proposed change order number PCO#02. Outlined Blow is a Summary of the time
extensions requested and recommended for the items included in both Ca#01 and CO#02:
For the items included in CO #01 {Previously approved with the ceavet that any time extension due would
be determined at a later date}:
• ASI-7 Lower FEoar Structure at 1~ Floor- Time requested 5 days. OK to recommend to the City.
• ASI-8 Steel Connection Modifications -Time requested 10 days. OK to recommend to the City.
• ASI-18 Add Camber & Revise Moment Connections -Time requested 5 days. OK to recommend
to the City.
• ASl-19 Connection Fix for Basement Wail to Low -Time requested 2 days. Not recommended,
didn't impact the progress of the work.
• ASI 23 Stair Tower Support Steel -Time requested 5 days. OK to recommend to the City.
This totals to 25 of the 27 work days requested.
For the items included in CO#02 (currently pending with Rule Steel):
• ASI-13 Elevator Tube Upgrade -Time requested 10 days. Not recommended, this work was
done after the substantial completion date.
• ASI-52 Elevator Penthouse Beams -Time requested 10 days. Recommend 5 days.
• ASI-54 Roof Elevation 8~ Slope ~ CMU Wall -Time requested 3 days. Recommend 3 days.
• RFI-?3 Sun Shade Connection -Time requested 3 days. Not recommended, did not impact the
progress of the work.
• RFI-74 Angle Clips for Support of Wall -Time requested 3 days. Not recommended, this did not
impact the progress of the work. As of Friday, 3/7/07 these dips had not been installed.
• Bent Plate Grid H (Induded with RFI-74) -Add bent plate, shop drawings marked incorrectly.
Time requested 5 days. Recommended 5 days to the City.
• RFI-93 Relief Angle @ Stair Towers -Time requested 5 days. Not recommended, did not impact
the work. This was for famishing only.
• RFf-94 Famish and install two chiller beams. Time requested 5 days. Not recommended, did not
impact the work. This was issued and accomplished after the base building work on the critical
path was completed.
This totals 13 of the 44 work days requested.
Converting the 13 work days recommended to calendar days results in an extension of 17 days.
Extending the schedule another 17 calendar days plus the 16 days lost to weather during the period
would result in an additional extension of 33 calendar days and would push the contract completion date
out from November 25 to December 28, 2007. Crediting Rule Steel with the 14 calendar days the start of
erection was delayed would extend the completion date further to January 11, 2008.
The total time extension, considering both the CO#01, CO#02 items and the weather delays that Petra
would recommend is 97 calendar days. The 97 calendar days represents a time extension that Petra
feels would be fair and responsible to both Rule Steel and the City. Based on this Rule Steel would be
liable for liquidated damages for a period of 28 calendar days based an the difference between the new
proposed contractual completion date of January 11, 2008 and the actual substantial completion date of
February 8, 2008. Per the contract liquidated damages are assessed at a rate of $500/day. The total cost
for these 28 days at $500/Day would be $14,000.
Please review this scenario and let me know if this line of reasoning is acceptable to the City. ff this is
acxeptable Petra will propose this to Rule as settlement of the matter of the schedule delays and the time
extensions requested for the various delays.