HomeMy WebLinkAboutGranite Construction - Santa Teresa Blvd. Widening Project - Change Order No. 78
City of Gilroy
Engineering Division
7351 Rosanna St., Gilroy, CA 95020
Phone (408) 846-0450; Fax (408) 846-0429
CHANGE ORDER NO. 78
To contract for: Santa Teresa Blvd. Widening Project, Project No. 04-CDD-128
Contractor:
Granite Construction Company
Contract Date:
5!l7/2004
This order shall become effective when it has been signed by the City Administrator, City Engineer,
Project Engineer, and Contractor, All copies forwarded to Contractor for signature shall be returned to
The City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned
to him as his authority to proceed with the work.
Description of Work
Scope of Work:
1. The "colored" areas in the drawing Granite presented at the meeting on March 16, 2006 will be repaired by
removing all the existing asphalt concrete and two inches of aggregate base; Provided, however, that the "yellow
areas" currently shown in the bike lane will not be replaced unless they are adjacent to a blue area, If the aggregate
base has excessive moisture, then it will be left exposed until dry. If the aggregate base is unsuitable as determined by
both parties, the unsuitable material will be removed and replaced with asphalt concrete, or if after proof rolling and
testing the aggregate base fails a compaction test, the unsuitable material will be removed and replaced with asphalt
concrete, Further, if the base material is suitable as determined by both parties, Granite will replace the removed
material with asphalt concrete. If the "colored" areas do not define the extent of the problem areas as determined by
both parties, then the asphalt and aggregate base will be removed in all directions until suitable material is located, at
which point the areas will be repaired in the same manner as the "colored" areas,
Once the extent of the problem area has been identified, a layer of asphalt concrete six inches thick would be placed
in two lifts on top of the remaining base, followed by the placement of the fmal two-inch lift of asphalt.
2. Work will begin in the number one lane (fast lane) and, once the fast lane is completed, traffic will be shifted
to the fast lane so work on the number two (slow) lane could begin; and,
3, All work will be done according to contract specifications; and,
4. Before beginning work, Granite will submit a proposed asphalt concrete design mix to the City of Gilroy for
its review and approval,
Terms of Comoensation:
1, The parties will share the cost of the repair equally, subject to the following conditions:
(a) Granite will perform the repair work on a force account basis using rates previously used on this
pr~ject, except that the labor rate shall be marked up thirty-one (31) percent;
(b) Granite will not be paid overhead or profit for the repair work (essentially the "margin" component
($40,000.00) in its cost estimate of $308,000.00), so that all repair work will be performed at Granite's cost, without
mark up for overhead or profit; Provided, however, that Granite shall be paid for actual time spent by its employees
for on site supervision during the repair process,
617/2006
Change Order No. 78, Page 1 of 3
General Provisions:
1, Each party hereby waives any and all claims associated with or caused by the delay in the completion of the
southbound lanes, including any claims by (a) Granite for (i) extended overhead or general conditions, and/or any
increase in its cost to complete remaining contract work and (ii) for any and all costs and expenses associated with
any delay in the completion of the southbound lanes of Santa Teresa Blvd" and/or the repair thereof (the "Extra
Work"), including but not limited to labor, materials, overhead and profit, delay, disruption, loss or efficiency and any
and all other direct and/or indirect costs or expenses associated with the Extra Work and hereby waives any right to
claim any further cost and time impacts at any time during and after completion of the Contract associated with the
Extra Work, and (b) the City of Gilroy for liquidated damages up to the date the repair work begins, No liquidated
damages will be assessed against Granite as long as it and its subcontractors diligently pursue the remaining work.
2, Granite will defend, indemnify and hold harmless the City of Gilroy and its employees, agents, and
consultants from any and of its subcontractor's (of whatever tier) and supplier's claims, stop notices, demands,
obligations, actions, causes of actions, damages, liabilities, losses, costs or expenses, of any nature whatsoever, for
labor, materials, overhead and profit, delay, distruption, loss of efficiency and any and all other direct and/or indirect
costs or expenses associated with any delay in the completion of the southbound lanes of Santa Teresa Blvd" and/or
the repair thereof (the "Indemnified Matters"), any cost and time impacts at any time associated with the Indemnified
Matters, which are now asserted or which may be asserted in the future, in whatever manner and in whatever forum,
by Granite, its owners, shareholders, alter egos, affiliates, assignees, employees, agents, subcontractors or suppliers,
or by any other subcontractor (of whatever tier), supplier, materialmen, company or person.
Provided, however, that such defense, indenmity and hold harmless obligation shall not apply to claims, stop notices,
demands, obligations, actions, causes of action, damages, liabilities, losses, costs or expenses of Granite's
subcontractors or suppliers for events which occur after the date of this change order, and which also arise out of
Granite's contractual obligation to maintain the work from teh date of this change order until final acceptance of the
project by the City, unless the aggregate of all such claims, stop notices, demands, obligations, actions, causes of
action, damages, liabilities, losses, costs or expenses exceed $25,000,00 in which case such defense, indenmity and
hold harmless obligation shall apply,
All requirements of the original Contract Documents shall apply to the above work except as specifically modified by
this Change Order, The contract time shall not extend unless expressly provided for in this Change Order, By
signing this Change Order, Contractor acknowledges and agrees that the adjustments to cost and time contained
herein are in full satisfaction and accord, and are accepted as payment in full, for any and all costs and expenses
associated with this Change Order, (the "Extra Work"), including but not limited to labor, materials, overhead and
profit, delay, disruption, loss of efficiency and any and all other direct and/or indirect costs or expenses associated
with the Extra Work and hereby waives any right to claim any further cost and time impacts at any time during and
after completion of the Contract associated with the Extra Work.
6/7/2006
Change Order No. 78, Page 2 of 3
I (We) agree to make the above change
subject to the terms of this Change Order
for the NET INCREASE of
approximately $175,000
Original Contract Price
Previous Change Orders
Total to Date
This Change Order - approx,
Total Change Orders to Date
Revised Contract Price
Cost
$7,448,458.00
$407,793,00
$7,856,251.00
$175,000,00
$582,793,00
$8,031,251.00
6ra(llr~ Co(/.s+(~ilo~ !e/JIfAllj
~O~Tly.CTOR * Final Net Increase shall be determined at the
~ completion of the Scope of Work
By: c:.; tU7',41c...L 5akodA.. Date:.JUIl.e l:l.:looc,
RECOMMENDED BY:
ACCEPTED BY:
6/7/2006
/'
&.:r I ~ . O&:,
Date
6j'S)Ob
Date
P,M,
Percent Initial
5.47% M
7,82% ~
Change Order No, 78, Page 3 of 3