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14-116.00 Inland Asphalt: Argonne & Sprague Street Preservation Spol��ae ,,��ValleyR CHANGE ORDER TO CONSTRUCTION CONTRACT NO: 43-029 DEPARTMENT OF PUBLIC WORKS PROJECT: Argonne Road and Sprague Avenue Street Preservation Project CONTRACT DATE: 9/11/2013 CONTRACTOR: Inland Asphalt Co. CHANGE ORDER NO: 11 CAPITAL IMPROVEMENT PROJECT NO: 0179 BID NO.: 13-029 DESCRIPTION OF CHANGES This change order Is a no cost change order clarifying HMA Challenge Sample Testing. The Change Order adopts the attached revised Specification 5-04.3(8)A5. SUBSTANTIAL COMPLETION Original Date: 7/22/2014 Prior to this Change Order: 7/24/2014 . including this Change Order: 7/24/2014 Original Working Days: 60 Working Days Added by this CO: 0 Working Days Including this CO: 52 THESE CHANGES RESULT IN THE FOLLOWING ADJUSTMENTS OF TOTAL CONTRACT PRICE: ORIGINAL TOTAL CONTRACT AMOUNT $ 1,199,568.57 TOTAL PRIOR CONTRACT CHANGE ORDER AMOUNT ,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,_______,,,,,,,,,_.,.,.,._,,,.. $ 48,750.20 TOTAL CONTRACT PRICE PRIOR TO THIS CHANGE ORDER $ 1,248,318.77 NET THIS CHANGE ORDER ..................... ........._ .,..... .. ........_....,.,.......,�.......... .._...,._........... . 0.00 TOTAL CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 1,248,318.77 CONTRACTOR ACCEPTANCE: �' i . . DATE: (l 2'019” The contractor hereby accepts this adjustment un )1ed the term e origin I contract for all work perfomed, RECOMMENDED BY: � _ DATE: 7.1/' l�f APPROVED BY: / `/ DATE: 7 //# 17 cw - APPROVED BY: A- DATE: City Manager ATTACHMENTS: Revised Specification 5-04.3(8)A5 ORIGINALS TO; Contractor,City of Spokane Valley Clerk's Office,PW Project File COPIES TO: PW Project File P:Pub!?cWorks/Purchaing/CO(9126/2007) • 0,014—i 6 epent Sjö1 ' " Capital Improvement Program Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.688-0261 • cityhall®spokanevalley.org Change Order Memorandum Date: July 11, 2014 To: Eric Guth Through: Steve Worle From: Craig Aldworth G A Re: Change Order 11 -Argonne and Sprague St. Pre . Project, CIP 0179, FA STPUL-9932(049) Budget Account No. 311.000.179.595.30.63.00 Inland Asphalt Contract 13-029 This no-cost Change Order revises the City General Special Provision(GSP) Spec. 5-04.3(8)A5 Acceptance Sampling and Testing-HMA Mixture, (See Exhibit B). The GSP is confusing since it appears to rule out the possibility of the Contractor to Challenge Air Void results for HMA accepted under Nonstatistical evaluation. This was not the City's intent. The Specification is revised to be similar to the WSDOT Spec. 5-04.3(8)A5 Acceptance Sampling and Testing-HMA Mixture language. The faulty special provision language was discovered after the project had been bid and awarded. In May, 2014,the City adopted the proposed revision for all future projects. All street preservation projects bid since then contain the revised special provision language. The HMA job mix assurance tests from the 7/9-10/14 night paving list out of specification Air void results. Clarifying this specification now will allow the Job Mix Compliance price adjustment to be calculated in accordance with WSDOT procedures. The Change order does not increase the cost of the project. This project is funded by an 86.5% Federal grant with a 13.5% City match. There are sufficient funds in the project budget to cover these costs. Original Contract amount= $ 1,199,568.57 Previous Change Order Cost= $ 48,750.20 Change Order#11 Cost= $ 0.00 Project Cost including Change Order#11 = $ 1,248,318.77 15% of Original Contract amount= $179,935.29 Max Public Works Director Contract authority= $75,000.00 Change Order Cost to date= $48,750.20 Remaining P.W. Director Contract Authority after CO #11 $26,249.80 Cc: Finance Department Clerk's Office CO 11 Challenge Sample Specification Revision 5-04.3(8)A5 Test Results 5-04.3(8)A5 Acceptance Sampling and Testing-HMA Mixture (******) Section 5-04.3(8)A5 Test Results, first 2 paragraphs are revised as follows: The results of all acceptance testing performed in the field and the Composite Pay Factor (CPF) of the lot after three sublots have been tested will be available to the Contractor upon request to the Engineer. Sublot sample test results may be challenged by the Contractor. To challenge test results, the Contractor shall submit a written challenge within 7-calendar days after receipt of the specific test results. A split of the original acceptance sample will be tested by an Independent Materials Lab, hired by the City, that did not test the original sample. The Contractor may witness and observe the testing of the challenge sample. The sample will be tested for a complete gradation analysis, asphalt binder content, and Va, and the results of the retest will be used for the acceptance of the HMA in place of the original sublot sample test results. The cost of testing will be deducted from any monies due or that may come due the Contractor under the Contract at the rate of$250 per sample. sookane. . Public Works Department Capital Improvement Program Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 1 cityhall®spokanevalley.org Change Order Memo Date: July 11, 2014 By: Craig Aldworth Re: Change Order 11 Argonne and Sprague Street Preservation Project, CIP 0179 Fed Aid Project No.: STPUL-9932(049) 1. Describe the Change This no-cost Change Order revises the City General Special Provision (GSP) Spec. 5-04.3(8)A5 Acceptance Sampling and Testing-HMA Mixture, (See Exhibit B). The GSP is confusing since it appears to rule out the possibility of the Contractor to Challenge Air Void results for HMA accepted under Nonstatistical evaluation. This was not the City's intent. The Specification is revised to be similar to the WSDOT Spec. 5-04.3(8)A5 Acceptance Sampling and Testing-HMA Mixture language. 2. Evolution of the Change The faulty special provision language was discovered after the project had been bid and awarded. In May, 2014, the City adopted the proposed revision for all future projects. All street preservation projects bid since then contain the revised special provision language. The HMA job mix assurance tests from the 7/9- 10/14 night paving list out of specification Air void results. Clarifying this specification now will allow the Job Mix Compliance price adjustment to be calculated in accordance with WSDOT procedures. 3. Payment There is no cost to the change order. 4. Time No additional time was granted. 5. Prior Approval The Change Order was signed by the acting Public Works Director July 11, 2014. 6. Attachments 7/11/14 City letter to Inland Asphalt concerning Change Order 11 �� of Public Works Department Spokane Capital Improvement Program Valleys11707 E Sprague Ave Suite 1061 Spokane Valley WA 99206 509.921.1000, Fax: 509.688-0261 /cityhall@spokanevalley.org July 11,2014 Mr.Al Hughbanks Project Manager Inland Asphalt Company PO Box 3366 Spokane,WA 99220-3366 Re: Change Order 11—clarifying Challenge Sample Specification 5-04.3(8)A5 Argonne and Sprague Street Preservation Project Fed Project STPUL-9932(049) Spokane Valley Capital Improvement Project No. 0179 SVPW Bid No.: 13-029 Dear Al: This letter discusses moving forward with determining payment for the hot mix asphalt overlay laid down by Inland Asphalt crews on the north side of Sprague Avenue between University Rd and Herald Rd and on Sprague Avenue(and Appleway feeder)between Thierman Rd and 1-90 on evening of Wednesday,July 9th and the morning of Thursday July 10th,2014. Asphalt Compaction Tests for the work,furnished by the City Materials Testing Consultant, Budinger and Associates,were all at or above the minimum so there is no price adjustment for Quality of HMA Compaction. Truck tickets were collected during paving.The total tonnage shown on the tickets exceeded the calculated HMA tonnage required to provide a 2 inch overlay over the project area. Therefore no cores are necessary and no Thickness Deficiency Payment Deduction will be calculated. However,the attached HMA Volumetric tests furnished by Budinger&Assoc. (See attached Exhibit A)forwarded to Inland on Thursday afternoon,July 10th found that the Air voids were out of specified limits. I will calculate a Nonstatistical Composite Pay Factor(CPF)and resulting payment deduction using the WSDOT SAM website shortly. - The specification governing the challenge sample,Spec. 5-04.3(8)A5 Acceptance Sampling and Testing-HMA Mixture,was revised by a City Special Provision(See Exhibit B). It is confusing since it appears to rule out the possibility of the Contractor to Challenge Air Void results for HMA accepted under Nonstatistical.evaluation. This was not the City's intent. In order to move forward with potential Challenge sample testing,the City proposes to adopt the revised Spec. 5-04.3(8)A5 Acceptance Sampling and Testing-HMA Mixture language in Exhibit C. • Inland Asphalt 7-11-14 CO 11 -Challenge Sample Spec Revision Page 2 of 6 The language is similar to the WSDOT Standard specification and will provide a method to verify whether the Budinger HMA Assurance test values are due to testing error or not. The attached no-cost Change Order 11 (Exhibit D)amends the contract with the revised spec.5- 04.3(8)A5 as shown in Exhibit C. If you agree with the revision,please sign the change order and email back to me. This will clarify the procedure for determining HMA payment on the project. If you request a Challenge sample test,I will arrange to have an Independent Testing Lab,unassociated with this contract,pick up the Challenge samples. You will be allowed to witness the testing procedures,if you choose to do so. If you have any questions,please call me at 720-5001. Sincerely, Craig ldworth,P.E. Pro' ct Engineer End: Exhibit A:HMA Volumetric Quality Control Reports 7/10/14-Budinger Report M14075 Exhibit B: Project Spec. 5-04.3(8)A5 Acceptance Sampling and Testing-HMA Mixture Exhibit C: Proposed Challenge Sample Specification 5-04.3(8)A5 • Exhibit D: Draft Change Order 11 • an • bhI4 di N n 't "�" in II OCA COpdam' M lit .may On l� wl r r i .-i N 6i 0 ti co Fp., A .:.41, csol0 • FFWW444 � ~ 00 O � o � M � N in O ,4un N .IoocnyVOt d � � 00 -1 c* t•-- O N col QFI 1 � ooPiO �ct 0 0 00 ntCI • �: Inland Asphalt 74144 CO 11 -Challenge Sample Spec Revision Page 4 of 6 Exhibit B-Argonne and Sprague Street Preservation Specification 5-04.3(8)A5 Acceptance Sampling and Testing-HMA Mixture (COSV Feb 5,2010) Section 5-04.3(8)A5 Test Results,first 2 paragraphs are revised as follows: The Engineer will furnish the Contractor with a copy of the results of all acceptance testing performed in the field within 24hrs of the sampling. The Engineer will also provide the Composite Pay Factor(CPF)of the completed sub-lots after three sub-lots have been produced. The CPF will be provided by the midpoint of the next paving shift after sampling. Sub-lot sample test results(gradation and asphalt binder content)may be challenged by the Contractor. For HMA mixture accepted by statistical evaluation with a mix design that did not meet the verification tolerances, the test results in the test section including the percent air voids(Tia)may be challenged.* To challenge test results,the Contractor shall submit a written challenge within 7-calendar days after receipt of the specific test results. A split of the original acceptance sample will be re-run by the Materials Lab,hired by the City,to conduct Materials testing. The Contractor may witness and observe the testing of the challenge sample. The challenge sample will be tested for a complete gradation analysis and for asphalt binder content. The results of the challenge sample will be used for the acceptance of the HMA in place of the original sublot sample test results. The cost of testing will be deducted from any monies due or that may come due the Contractor under the Contract at the rate of$250 per sample. *Italics added for emphasis. • Inland Asphalt 7-11-14 CO 11-Challenge Sample Spec Revision Page 5 of 6 Exhibit C—Proposed Challenge Sample Specification 5-04.3(8)A5 Test Results 5-04.3(8)A5 Acceptance Sampling and Testing-HMA Mixture (******) Section 5-04.3(8)A5 Test Results,first 2 paragraphs are revised as follows: The results of all acceptance testing performed in the field and the Composite Pay Factor (CPF)of the lot after three sublots have been tested will be available to the Contractor upon request to the Engineer. Sublot sample test results may be challenged by the Contractor. To challenge test results, the Contractor shall submit a written challenge within 7-calendar days after receipt of the specific test results. A split of the original acceptance sample will be tested by an Independent Materials Lab, hired by the City, that did not test the original sample. The Contractor may witness and observe the testing of the challenge sample. The sample will be tested for a complete gradation analysis, asphalt binder content, and Va, and the results of the retest will be used for the acceptance of the HMA in place of the original sublot sample test results. The cost of testing will be deducted from any monies due or that may come due the Contractor under the Contract at the rate of$250 per sample.