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HomeMy WebLinkAbout2018-612 Planning - Moffat Pipe change order 5 PROJECT: Historic Rogers Road Sewer Expansion Project CHANGE ORDER NO.: 5 Page 1 of 4 CHANGE ORDER CHANGE ORDER NO.: 5 DATE: September 21,2018 Project: Historic Rogers Road Sewer Expansion Project Contractor: Moffat Pipe,Inc. Engineer/Architect: URS Corporation—North Carolina CONTRACTOR is directed to make the following changes in the Contract Documents. Description: Moffat Pipe, Inc. (Moffat) is requesting the following revisions to the substantial completion and final completion dates of the contract to account for delays in the project considered to be no fault of their own and beyond their control. Specifically, the Contractor has been delayed with dense and large rock formations resulting in unmet reasonable production rate of rock excavation, additional Orange County Emergency Services (OCES) and Town of Carrboro resident and government-imposed requirements beyond what was originally expected to obtain a blasting permit. Moffat Pipe, Inc. is requesting an additional 102 calendar days and$181,593.97 in relation to these delays_An itemized list of the number of days associated with specific issues can be found in Attachment A—HRRA Coordination Issues/Delays. The requested number of additional contract days are for delays experienced between March 1, 2018 and May 31, 2018 and does not account for potential future delays, or delays incurred between June 1 and present.An official Notice of Delay was provided by Moffat to Orange County,OWASA,and AECOM on March 1,2018. The funds being requested are related to this delay and include the additional cost of rock removal via mechanical means along Outfall A between Sta. 1+00 and Sta. 13+89. More information is discussed below: 1) At the time of bidding, the Contractor anticipated needing to obtain approval from the Town of Carrboro,Town of Chapel Hill,and local Fire departments for any required blasting per Section 31 23 16,Article 1.05.C.3 of the Project Manual. The requirements and procedures for blasting were set forth in Section 3123 16,Article 3.08,of the Project Manual. Prior to this project,Moffat had not blasted in Carrboro,however,Moffat has completed many blasting operations in Chapel Hill and used their past experience with obtaining permits and blasting operations in Chapel Hill as a basis for what was to be expected in Carrboro. On February 21, 2018, National Quarry Service, (NQS), Moffat's selected blasting subcontractor, was instructed by the Town of Carrboro Fire Department to submit an application utilizing the Orange County Emergency Services (OCES) form. Construction projects in Carrboro have not required blasting in recent years, with this in mind,the Town of Carrboro decided to have the contractor complete and submit the Orange County blasting permit in lieu of the Town of Carrboro blasting permit.NQS applied for a blasting permit to cover rock blasting along Outfall A between the existing manhole "Outfall 1" and proposed SSMH-A9. This area was considered `Phase 1' of the possible blasting area and encompassed approximately 9 manholes and 1,750 linear feet of sewer pipe.The Town of Carrboro then passed this application on to Jason Shepherd,the Orange County Fire Marshal,and on February 27,2018 Mr. Shepherd called Moffat to inform them he would be taking over review of the permit,and that it was denied due to insufficient information.The requirements for a blasting permit by OCES were more stringent than those originally expected to be required by the Town of Carrboro. OWASA and Moffat began discussions with Mr. Shepherd to determine what permit exceptions, if any, OCES and Carrboro would allow. Additionally, on March 1st, at the request of the Rogers Road PROJECT: Historic Rogers Road Sewer Expansion Project CHANGE ORDER NO.: 5 Page 2 of 4 Working Group(made up of representatives from OWASA,Orange County,Town of Chapel Hill, and Town of Carrboro),a public meeting was held with the local community to discuss the blasting plan and address resident concerns. As a result of this meeting, a joint decision by the members of the Rogers Road Working Group was made to delay blasting until more information related to the effects of blasting on wells and septic systems could be provided to the residents. At the request of the Mayor and the Town Manager of Carrboro, a special neighborhood meeting was held on March 13,2018,during which a decision was made by the Mayor to maintain some of the stricter requirements of the OCES permit,such as requiring pre-blast surveys for all structures within a 500 foot radius,rather than the original radius of 250 feet as listed in Section 31 23 16,Article 3.08.B.10 of the Project Manual.Additionally,the Town Manager requested that all involved parties hold an additional community meeting prior to initiating blasting. As such, the Contractor incurred additional expenses and delay in relation to obtaining the blasting permit. Ultimately a group of residents vocalized the intent of pursuing legal action against all involved parties should blasting take place.These events occurred over the months of March,April,and May. During these months, Moffat Pipe continued with rock removal via mechanical means (hoe-ramming, grinding, and hammering)until the additional meetings and requirements could be met.These methods were less efficient than blasting and required additional machinery due to the density of the rock. To determine the additional cost of rock removal for this area,Moffat has calculated the cost to do the work (including labor, materials, and equipment) minus the amount received (less materials, subcontractors,and markup)to determine the difference. The amount of time to perform the work was determined by reviewing the daily logs of the Moffat Superintendent and Foreman,as well as the weekly inspection reports compiled by the AECOM Resident Project Representative. These weekly inspection reports are not included with this Change Order request but are available upon request from OWASA and AECOM.A brief summary of the work is shown in Attachment F.The additional cost of rock removal as described in this paragraph is covered by Lines 1 through 14 in Attachment B. Adjustments to the Contract Price will be accomplished by lump sum for the additional cost of rock removal along Outfall A as detailed in item 1 above per Section 00 57 00,Article 11.04-B.2. • The lump sum price for this change is$181,593.97. PROJECT: Historic Rogers Road Sewer Expansion Project CHANGE ORDER NO.: 5 Page 3 of 4 CHANGE IN CONTRACT SUM OR PRICE: CHANGE IN CONTRACT TIME OR TIMES: Original Contract Price Original Contract Times $4,782,436.00 Final Completion: July 15,2018 Net change from previous Change Orders No. 1 to Net change from previous Change Orders No.I to NoA: -$100,110.52 No.4: 124 days Contract Sum or Price prior to this Change Order Contract Times prior to this Change Order $4,682,325.48 Final Completion: October 27,2018 Net Increase of this Change Order Net Increase of this Change Order $181,593.97 One Hundred and Two(102)calendar days Contract Sum or Price with all approved Change Contract Times with all approved Change Orders Orders $4,863,919.45 Final Completion: February 6,2019 RECOMME : REVIEWE ACCEPTED By: G�� By y: S� Enginee Or County ont ct ge or Krista Paredes-Toledo,PE Craig Benedict,AICP se DuClau Date: R 2S ( Date: Date: The adjustment in Contract Sum or Price and/or Contract Time or Times stated in this Change Order shall comprise the total price and/or time adjustment due or owed the CONTRACTOR for the work or changes defined in this Change Order. By executing the Change Order, the CONTRACTOR acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in Contract Sum or Price or Contract Time or Times as a result of increases or decreases in costs and time of performance caused directly and indirectly from the change,subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of the waiver constitutes an agreement between OWNER and CONTRACTOR that the Change Order represents an equitable adjustment to the Contract,and that CONTRACTOR waives all rights to file a claim on this Change Order after it is properly executed. PROJECT: Historic Rogers Road Sewer Expansion Project CHANGE ORDER NO.: 5 Page 4 of 4 IN WITNESS WHEREOF,the undersigned have caused the execution hereof: CONTRACTOR: MOFFAT PIP , INC ATTEST: By: Name: Jesse DuClau reeia Title: Contractor cr�t '''de Address: 4901 Unicon Drive eat ••••++rrrr+r ���� / J�i� 44° �,•• '�•.,'-'j� s� CA st,/fNiC 27587 �O:RF �U �°°�: •• Date: � � r w rilt eat] _ _ 4 A � s ` t OWNER: Orange County ty By: Name: Bonnie Hammersley Title: hOra ge o Manager Date: �?