HomeMy WebLinkAboutCoastside Concrete 2017-03-15C -Lt W. lGl1-I8o
CHANGE ORDER IN SETTLEMENT OF CONTRACTOR CLAIMS
THIS AGREEMENT is made and entered in Ukiah, California, on 1b,
2017 ("the Effective Date"), by and between COASTSIDE CONCRETE &
CONSTRUCTION, INC. ("Coastside" or "Contractor"), a California for profit
corporation, and CITY OF UKIAH ("City" or "Owner")), a California general law
municipal corporation. Coastside and City are collectively referred to as "Parties."
RECITALS
A. The Parties have entered a construction contract for the undergrounding of
overhead utilities on Perkins Street in the City of Ukiah ("the Contract").
B. The Contractor has completed all work under the Contract, except for warranty
work, and has submitted fourteen (14) claims for additional compensation which it claims
were additional work resulting from differing site conditions that were not included in its
bid. The City disputes these claims.
C. The City claims that Contractor performed defective work in installing asphalt
over trenches created by Contractor in performing the Contract. The Contractor disputes
these claims.
D. The Parties have entered this Agreement to settle these disputed claims.
AGREEMENT
The Parties hereby agree as follows:
1. The Parties agree to a Change Order encompassing Extra Work Orders 1-
14 submitted by Contractor on or about March 17, 2016, as summarized and set forth in
the attached Exhibit A. In settlement of these claims, the City agrees to pay Contractor
the total amount of $50,770.69 ("Change Order Amount"). In addition to the $615,241.59
already paid to Contractor under the Contract and $20,070.40 invoiced by Contractor but
not yet paid by City, the Change Order Amount fully satisfies any and all claims by the
Contractor for compensation under the Contract.
2. Contractor agrees to a deduction of $15,000 from the Change Order
Amount in settlement of the City's claim of defective work on trenches marked as
"Disputed Trenches" on the attached Exhibit B. With this deduction the total amount due
from City for the Change Order Amount is $35,770.69. In addition, Contractor agrees to
repave as warranty work trenches marked on Exhibit B as "Defective Trenches," said
Page 1 of 4
repaving to be completed to the City's reasonable satisfaction by no later than July 30,
2017. While the Contractor is performing the aforementioned warranty work, the City
agrees to permit Contractor to utilize the fenced, locked -in area at the train depot on
Perkins Street subject to Contractor scheduling and coordinating such use with Jarrod
Meyer with the City's Community Services Department which manages that property.
The repaving work on Defective Trenches shall be performed in accordance with the
requirements in the Contract and as follows:
a. Remove and replace all paving as shown on the attached drawing to a depth
of 0.2 feet (approximately 2296 square feet of trench which includes 7
streetlight trench crossings).
b. In a manner reasonably approved by City and subject to inspection and
approval by City, excavate, backfill, compact and pave two pothole locations
(approximately 30 square feet of additional paving): 505 E Perkins Street and
115 South Orchard Avenue, as shown on the Exhibit B.I. Upon inspection
and approval of City, City waives any future claim, if there is additional
settling.
c. The new pavement shall be equal to or slightly above the level of the existing
pavement.
d. All areas of removal shall have a vertical edge, including end of grind.
e. Public Works Department will inspect the repaving for quality assurance.
f. The repaved areas, excluding the work required by subsection 2.b, above,
shall be warrantied for a period of one year starting on the date of
completion.
3. The City agrees to reduce by $5,000 its previous deduction of $29,510.26
for engineering, inspection, superintendence and other overhead expenses claimed by the
City under Section 10.09 of the Contract, reducing the charge to the Contractor for these
expenses to $24,510.26.
4. The Parties agree that with the above agreements, the attached Exhibit C
accurately sets forth the amounts currently due Contractor ($58,802.56) and the contract
retentions ($36,939.79) to be disbursed in accordance with the Contract. The Parties
acknowledge and agree that the contents of Exhibit C accurately set forth the accounting
Page 2 of 4
for invoices, payments, approved change orders, payments and credits and total contract
amount and contract retentions due and paid under the Contract. Thirty (30) days
following the filing of the Notice of Completion, if no stop payment notices are filed with
the City, the City will complete the form Contract Bond General Status Inquiry, attached
hereto as Exhibit D.
5. The Parties agree that they will not make further claims against each other
based on the performance of the Contract or payments due under the Contract, except for
any claims arising from the work Contractor has agreed to perform in Section 2, other
warranty claims under the Contract not involving the paved surface of the Disputed
Trenches not being level with the paved surface of the surrounding pavement or any
claims from subcontractors, suppliers or workmen not currently known to City.
Except for the claims described above in this Section 5, the Parties waive any and all
rights and benefits conferred upon them by the provisions of Section 1542 of the
California Civil Code, which reads as follows:
Civil Code Section 1542. A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have materially affected
his or her settlement with the debtor.
6. The Parties agree that this settlement is a compromise of disputed claims,
and the settlement is not to be construed as an admission on the part of either party with
respect to the claims described in the Recitals.
7. Each Party hereto shall bear its own attorney's fees and costs arising from
the claims described in the recitals and the negotiation of this Agreement.
8. In entering into this Settlement Agreement, the Parties represent that they
relied upon the advice of attorneys, who are the attorneys of the Parties' own choice,
concerning the legal consequences of this Settlement Agreement; that the terms of this
Settlement Agreement have been completely read and explained to the Parties; and that
the terms of this Settlement Agreement are fully understood and voluntarily accepted by
the Parties.
9. This Settlement Agreement shall be construed and interpreted in
accordance with the laws of the State of California.
Page 3 of 4
10. This Settlement Agreement contains the entire agreement between Parties
with regard to the matters set forth herein and shall be binding upon and inure to the
benefit of the executors, administrators, personal representatives, heirs, successors and
assigns of each.
IN WITNESS WHEREOF, the Parties, by their duly authorized representatives,
have executed this Agreement as of the Effective Date.
Coastside Concrete and Construction, Inc.
By: _ "/�
B ett Sousa, President
Approved as to form:
C�
Brian P. Hedstrom
Hedstrom & Coopersmith, LLP
Approved as to form:
Dav . app rt, City orne
City of Ukiah
By: .-f•-, t
Sage4gangiac mo, City Manager
Page 4 of 4
Tota! of Change Orders 1-14
#
Change order
Equipment
Materials
Labor
Labor
Surcharge
Profit and
15% for
Sub
Contractor
Total
Material,
Overhead
labor,
work cost
labor
work
1
Concrete footing at Romis
$1,092.48
$100.00
$1,409.68
$169.16
$552.59
$178.87
1
$3,502.78
2
Abandon 2" gas line main to mason
$924.48
$75.00
$1,409.68
$169.16
$552.59 1
$149.92
$3,280.83
3
Locate to intercept ATT @mason,
Abandon tie to new pipe into MH31
$465.06
$15.00
$1,057.26
$126.87
$414.45
$72.01
$2,150.65
4
Concrete cap and conduits at Orchard
and Perkins
$2,434.80
$500.00
$3,706.72
$444.81
$1,453.03
$440.22
$8,979.58
5
Unknown storm drain at Pomery
$785.48
$704.84
$84.58
$276.30
$117.82
$1,969.02
6
Unmarked conduits at Orchard and
Perkins
$869.48
$926.68
$111.20
$363.26
$130.42
$2,401.04
7
Vacuum out 5 street light holes utility
conflicts
$618.96
$450.00
$887.36
$106.48
$347.85
$160.34
$2,570.99
g
Concrete curb and gutter
$264.48
$750.00
$2,218.40
$266.21
$869.61
$152.17
$4,520.87
9
6" steel pipe unmarked line crossings
Perkins and Mason
$930.12
$2,780.04
$333.60
$1,089.78
$139.52
$5,273.06
10
245 Perkins 12' deep trench
$1,746.72
$2,819.36
$338.32
$1,105.19
$262.01
$6,271.60
11
Storm Drain and pole delays at
Denney's
$1,037.76
$1,409.68
$169.16
$552.59
$155.66
$3,324.85
12
Concrete removal and deepen trench
at Hospital Drive
$2,311.44
$6,891.12
$826.93
$2,701.32
$346.72
$13,077.53
13
14
Thick Asphalt on Perkins, 12'-24'
demo
Irrigation Conflicts at service pads
$5,091.84
$264.48
1 $2,500.00
$100.00
$5,560.08
$1,853.36
1 $667.21
$222.40
$2,179.55
$726.52
$1,138-781
$54.67
1 $17,137.46
$3,221.43
Total. ', $77,681.69
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CITY OF UKIAH
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EXHIBIT B.2
F I•ERp!K Si L• -_.;J r DISPUTED TRENCH LEGEND
75' 30, �-• r l oT O area between lines or inside
— — �"� •�.,� circle indicate disputed trench
- — 125'+
fRWg ST •�•
w I TRENCH LEGEND
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9T. ME: wC 1401
CITY OF UKIAH PERKINSSTREET
`_1_ EIEC1t4C yTk(M pEPM1wENT DISPUTED TRENCH o>ws�lOrvla-
.qs r Elarvn .ws JJJs LOCATIONS F42
(>AlE fR;WISC ORAyaI CHECIiO Aa RIIILT 9rc:l 1 a t
Contractor:
Contract
Description:
Contract Price:
Bond Number:
Contract No.:
COASTSIDE CONCRETE DBA:.
PERKINS STREET UNDERGROUND PROJECT
$619,220.00
1001030744
Bond Amount: $619,220.00
Effective Date: 02/13/2015
We are the Surety on the above contract. In order to assess the contractor's work load, follow their progress, and make a
final premium adjustment, it is necessary that we receive the information requested below. Without prejudicing the parties'
rights or affecting our liability under the bond, please provide the following information. If you have additional comments,
please contact the Surety in compliance with all contractual, statutory, or bond provisions as may be applicable. This form
is for informational purposes ONLY and should not be construed as compliance with the notice or other requirements of
the contract, applicable statutes or the terms of the bond.
A. Date of completion:
B. Date Notice of Completion filed (or release of retention):
C. Final Contract Price: $
D. Are you aware of any payment issues between our contractor and its subs or suppliers?
If yes, please provide details:
A. Current Contract Price: 5
B. Total Amount Paid to Date: $
as of
%Complete:
Total Amount Billed To Date: $
C. Are you aware of any payment issues between our contractor and its subs or suppliers?
If yes, please provide details:
D. Is the work progressing satisfactorily?
If no, please provide details:
E. Please describe any changes of the contract which have been approved and make comments on the work
performed by the contractor to date:
F. Comments:
G. Estimated Completion Date is
Completed By:
Date:
HCC Surety Group EXHIBIT D
�' TOKIO MARI N E
1610 Arden Way, Suite 145 Sacramento, CA 95815
HCC
main 916 568 7818 facsimile 916 568 7838
Title:
Contract Bond General Status Inquiry
To:
Requested Return Date: 12/16/2016
ATTN:
Please provide the following information by fax or email to:
CITY OF UKIAH
Attention: Nhung Nguyen
300 SEMINARY AVE
Fax: 916-568-7838
UKIAH, CA 95482-5400
Email: nnguyen@tmhcc.com
Phone Number:
Fax Number:
Agency: ARTHUR E. SCHIEFFER & SON INSUR
Contractor:
Contract
Description:
Contract Price:
Bond Number:
Contract No.:
COASTSIDE CONCRETE DBA:.
PERKINS STREET UNDERGROUND PROJECT
$619,220.00
1001030744
Bond Amount: $619,220.00
Effective Date: 02/13/2015
We are the Surety on the above contract. In order to assess the contractor's work load, follow their progress, and make a
final premium adjustment, it is necessary that we receive the information requested below. Without prejudicing the parties'
rights or affecting our liability under the bond, please provide the following information. If you have additional comments,
please contact the Surety in compliance with all contractual, statutory, or bond provisions as may be applicable. This form
is for informational purposes ONLY and should not be construed as compliance with the notice or other requirements of
the contract, applicable statutes or the terms of the bond.
A. Date of completion:
B. Date Notice of Completion filed (or release of retention):
C. Final Contract Price: $
D. Are you aware of any payment issues between our contractor and its subs or suppliers?
If yes, please provide details:
A. Current Contract Price: 5
B. Total Amount Paid to Date: $
as of
%Complete:
Total Amount Billed To Date: $
C. Are you aware of any payment issues between our contractor and its subs or suppliers?
If yes, please provide details:
D. Is the work progressing satisfactorily?
If no, please provide details:
E. Please describe any changes of the contract which have been approved and make comments on the work
performed by the contractor to date:
F. Comments:
G. Estimated Completion Date is
Completed By:
Date:
Please provide the following information
Signature:
and return via fax or email to:
Name:
Nhung Nguyen
Title:
Fax: 916-568-7836
Email:
Email: nnguyen@tmhcc.com
Phone:
HCC Surety Group American Contractors Indemm[y Company Texas 8ondmp Company Urhled States Surety Company U.S Speaaey Insurance Company subsidlanesof MCC Insurance Holdings Inc