Change Order Estimating 1 Change Order Estimating Applicable Forms Overview of General Conditions Tools & Resources for C/O Cost Components COP Document Check Example and Demonstration 2 Applicable Forms Change Order Estimating SECTION 1 3 Applicable Forms The following forms are listed in Section 01020 of the General Conditions, which are utilized in the administration of the change order work (OAR may approve the use of alternate forms. Forms listed in red are included in this presentation): Allowance Disbursement Authorization (01020-06) Change Order (2 pages) Change Order Proposal (01020-15) Change Order Proposal Detail Sheets (2 pages) (01020-16 & 17) Change Order Proposal Instructions (2 pages) (01020-19 & 20) Change Order Proposal – Labor Rate Calculation Form: Request Rate Higher Than Fully Burdened Labor Rates (01020-21) Construction Directive (01020-23) Daily Time and Material Record (01020-26) Request for Clarification (01020-39) Request for Proposal (01020-40) 4 Change Order Proposal Los Angeles Unified School District Facilities Services Division CHANGE ORDER PROPOSAL (COP) School Name: 0 Date: Project Name: 0 Project Number: 0 RFP No: 0 0 COP Number: 0 RFC No: 0 0 Contract Number: 0 To: From (Contractor): 1/0/1900 CD No: 0 Description of Work: Enter Scope from CD, RFP or as perceived. Include Pricing and Productivity Assumptions. Cost of Work: Unit Price Work Constr. Equipment Owned Constr. Equipment Rented Material (B) (C) (D) Field Labor Straight Time Non-Feeable Labor Cost Sub-Contract Amount TOTAL (Sum A Thru F & Overtime Proposal from: (A) 0 $0.00 $0.00 $0.00 (E) $0.00 Plus H) (F) $0.00 (H) $0.00 Enter Name Enter Name Enter Name Sub-Totals $0.00 $0.00 $0.00 $0.00 $0.00 (I) $0.00 Prop $ Amt Prop $ Amt Prop $ Amt Prop $ Amt Prop $ Amt Prop $ Amt $0.00 $0.00 $0.00 (J) CONTRACTOR FEE- OH&P ON MATERIALS AND FIELD LABOR (As per section 11.7 of the GCs) 15% X (D+E) (K) CONTRACTOR FEE OH&P ON RENTED EQUIPMENT 0% X (C) = $0.00 (L) GENERAL/PRIME CONTRACTOR FEE ON SUBCONTRACTOR WORK 5% X (H) = $0.00 X (D) = Misc. Notes, Comments or Other Information: If GC 11.7.4 is in contract, enter Capital "T" (M) CONTRACTOR FEE - OH&P FOR COMPENSABLE DELAY COSTS (N) SALES TAX (O) TOTAL FEE $0.00 = 0% 8.25% $0.00 $0.00 $0.00 (J + K+L+M+N) $0.00 (P) SUB TOTAL WITH FEE $0.00 (Q) PREMIUMS FOR ADDITIONAL BONDS (%) (For Prime Contractor Only) (R) GRAND TOTAL 0.00% (P+Q) The proposal would Increase Decrease the Milestones and/or Contract Time by Note: Submit detailed schedule analysis demonstrating the impact on the project critical path to substantiate requests for contract time extensions X (P) $0.00 = = $0.00 calendar days. The proposal does NOT affect the Milestones and/or Contract Time. Contractor Signature Title Date By signing this Change Order Proposal, CONTRACTOR agrees the proposed adjustments to the Contract Amount shall cover any and all costs, delays and damages to CONTRACTOR associated with the changed Work. CONTRACTOR shall follow all applicable procedures and provide all appropriate documentation as required by General Conditions Sections 10, 11 and/or 12. 5 Change Order Proposal Detail Sheets CHANGE ORDER PROPOSAL DETAIL SHEET Contract No: School Name: Prime/General Contractor: CD No: Project No: Project Name: Preparing Contractor: RFC No: COP No: RFP No: Item No. Enter Quantity of Units for: Description/ Drawing No. Unit of Measure (A) (B) (C) (D) Unit Price Work Owned Const. Equip. Rented Const. Equip. Installed Mat'l/ Equip Field Labor* (Use Separate Lines for Staight and/or Overtime Work) Installed* Material/Equip. Billable Costs for: Unit Price or Equip Rate -- A -- -- B -- -- C -- Unit Price Work Owned Const. Equip.* Rented Const. Equip. -- D -Mat'l Unit Price (Excluding Taxes) Cost of Mat'l Used Date: Craft Ident Enter M-H/Unit If Applicable Total Hours (Straight/ Overtime) Hourly Rate - w/ Full Burden (Straight/ Overtime) Total Labor Cost (Straight/ Overtime) Non-Feeable Labor Costs Labor Hours - w/ No Mark-Up Fee - Rate/ Hour - w/ No Mark-Up Fee - Total Labor Cost - w/ no Mark-Up Fee - 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 Page 1 Item Total 6 Labor Rate Calculation Form CHANGES IN THE WORK - LABOR RATE SHEET REQUEST FOR RATE HIGHER THAN BURDENED PREVAILING WAGE RATE NOTE: The contractor is required to complete one form for each craft/trade/classification for which they request a rate higher than the FSD published burdened Prevailing Wage Rate and attach the supporting documents. PERFORMING CONTRACTOR DATE PROJECT CONTRACT #. PRIME CONTRACTOR LOCAL UNION YES CONTRACTOR JOB #. _________________ NO #. PHONE CRAFT / TRADE ( ) CLASSIFICATION WORKERS COMP. CLASS CODE P.S.A. YES NO O.C.I.P. YES NO DATE WAGE EXPIRES _____________ STRAIGHT TIME Daily OVERTIME OVERTIME Daily or Saturday Sunday/Holiday (A) BASIC HOURLY RATE FRINGES (EMPLOYER PAYMENTS) Health & Welfare Pension Vacation / Holiday Training Other Payments Other (specify): National Emp. Benefit Board (B) Total Fringes (C) TOTAL PREVAILING WAGE (A+B) (D) PAYROLL TAXES & WORKERS' COMPENSATION F.I.C.A./Medicare 7.65 % F.U.T.A. 0.134 % S.U.T.A. 0.73 % E.T.T. 0.017 % Other (specify) 0.469 % Sub Total 9.00 % Adder Workers' Comp. * (E) Total /Hr /Hr /Hr /Hr /Hr /Hr $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 % 9.00 x (A) TOTAL - HOURLY LABOR RATE (C+E) $0.00 $0.00 $0.00 * This amount will be zero if an Owner-Controlled Insurance Program ("OCIP") is in effect Note: If the actual numbers for payroll taxes are greater than 9%, please submit proper documents to justify the higher rate. 7 Overview of General Conditions Change Order Estimating SECTION 2 8 Overview of General Conditions Rules of Contract Document Interpretation (Article 3.14) Changes in the Work (Article 10) Change of Contract Amount (Article 11) 9 Rules of Contract Document Interpretation In the event of conflict between the various sections of the Contract Documents, the following order of priority shall govern: Bid and Acceptance Form Addenda Supplementary General Conditions General Conditions Division 01 General Requirements Divisions 02 – 16 and 25 10 Rules of Contract Document Interpretation In the event of conflict between the Drawings and Specifications: The Specifications generally govern quality of materials, workmanship, and execution; The Drawings generally govern dimensions, elevations, workmanship, and layout of the Work; It is the intent of the Contract Documents that the more stringent, higher quality of material and/or workmanship, and/or greater quantities shall be provided by the Contractor into the Work. 11 Rules of Contract Document Interpretation In the event of conflict between the Drawings: Specific notes govern other notes; General notes to be applied and incorporated into other portions of drawings; Schedules are complimentary with other notes and other portions of Drawings; Larger scale Drawings govern over smaller scale Drawings; Calculated, derived, or numerical dimensions govern over dimensions obtained by scaling. 12 Changes in the Work Request for Proposal (RFP) – Article 10.3 Issued by OAR to Contractor Contractor submits Change Order Proposal (COP) within 10 days upon receipt of RFP. COP contains adjustments to the Contract Amount, Milestones and/or Contract Time reflective of RFP. 13 Changes in the Work Construction Directive (CD) – Articles 10.4 thru 10.6 CD does not adjust the Contract Amount, Milestones and/or Contract Time; but may lead to a COP. Contractor complies promptly with directives in a CD. If Contractor believes the CD establishes a basis for an adjustment, he shall submit a COP within 10 days. 14 Changes in the Work Change Order Proposal (COP) – Articles 10.7 thru 10.17 COP includes all estimates, breakdowns, costs, data, and/or information required for validation Contractor is not entitled to any adjustment for preparing a COP whether ultimately accepted or not. If Contractor and OAR agree to all the proposed adjustments, OAR issues a CO for mutual execution. If Contractor and OAR agree partially on the proposed adjustments, OAR issues a (expedited) CO for mutual execution setting forth those undisputed adjustments. Contractor has 10 days (upon issuance of the CO) to give written notice if Contractor intends to seek further relief under Article 16. Contractor required to submit a time impact evaluation with a COP. 15 Changes in the Work Change Order Proposal (COP) – cont’d If OAR rejects a COP in its entirety, Contractor has 10 days (upon issuance of the written rejection) to give written notice if Contractor intends to seek further relief under Article 16. If Contractor proposes no adjustments or insufficient adjustments, OAR shall give a written notice if Owner intends to seek further relief under Article 16. Contractor shall use and submit COP forms in Section 01020 with all supporting documents and data. Contractors shall verify all tiers of Subcontractor costs and time have been accounted for prior to any COP submission. 16 Changes in the Work Change Order Proposal (COP) – cont’d Contractors can not use the Schedule of Values by itself to determine proposed adjustment. The proposed adjustments shall cover any and all costs including impact costs for delay and disruption, etc. The OAR has the right to require Contractor to revise and resubmit a non-compliance COP; Contractor has 10 days to resubmit the COP and is responsible for all costs, delays and/or damages resulting from the re-submittal of the COP. Copy of Exh C 14.17 Change Order Proposal WEB.xls 17 Changes in the Work Change Order A CO can not have any reservation of rights and/or qualifying language placed on it by the Contractor. OAR and Contractor shall execute appropriate COs. If Contractor fails or refuses to execute a CO within 10 days of OAR issuance, Contractor shall give written notice in accordance with Article 16 and proceed with the work as set forth in Article 6.54. Owner reserves the right to process the CO without Contractor’s signature. 18 Change of Contract Amount The contract amount can only be changed by change order COP and CO value to be determined as follows: Mutually agreed-upon sum based on the cost of the work plus fee per Article 11.7, if unit price provisions not contained within the contract documents Unit price, if contained within the contract documents (fee is included in unit price). T&M per Article 11.8 plus fee per Article 11.7, if unit price is not specified in the contract documents and no agreement is reached for mutual sum. 19 Change of Contract Amount Cost of the Work – Articles 11.5 thru 11.6 Actual payroll costs; Cost of all materials and equipment; Payments made by Contractor to Subcontractor; Supplemental costs (note: No markups for supplemental costs): 1. 2. 3. 4. 5. 6. 7. Transportation, delivery and storage, and hand tools not owned by the workers. Contractor owned equipment and machinery. Sales, consumer, use and/or similar taxes. Permits and licenses. Utilities, fuel and sanitary facilities. Premiums due to additional bonds for c/o work. Consultants such as surveyors, testing agencies and engineers. Rental $ for equipment and machinery shall be based on actual use. 20 Change of Contract Amount Cost of the Work – (cont’d) The following are part of Contractor’s overhead and profit and are not allowed in the cost of the work: 1. 2. 3. 4. Contractor’s project manager, superintendents, project engineers, officers, executives, principals, owners, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed whether at the Project site or in Contractor office for general administration of the work. Contractor off-site and on-site offices. Contractor capital expenses; All bonds and insurance except for the premiums due to additional bonds required because of c/o work; 21 Change of Contract Amount Cost of the Work – (cont’d) The following are part of Contractor’s overhead and profit and are not allowed in the cost of the work: (cont’d) 5. 6. 7. 8. • Costs due to negligence, act or failure to act of Contractor and contractors; Consumable materials, such as drill bits, abrasive discs, gloves, rags, rope, welding tips, etc; Tools and equipment with original costs of less than $1,000.00; Other overhead or general expense costs of any kind and the costs not set forth in Article 11.5. Applying a % of labor to cover these costs is not allowed. 22 Change of Contract Amount Contractor Overhead and Profit -- Article 11.7 15% for work performed directly by Contractor. When multiple tiers of Subcontractors are included in the change: 15% for Subcontractor who performs or furnishes the work 5% for any higher subcontractor and contractor; No fee for Supplemental Costs and costs deemed to be part of overhead and profit ; 5% for rented equipment (no fee for owned equipment); 23 Change of Contract Amount Contractor Overhead and Profit – cont’d Deduct 5% from General Contractor and subcontractors not actually performing the work for only the portion of the net decrease in costs exceeding $100,000.00; Example: For a c/o with a net decrease in costs of $90,000, the credit amount would be $90,000 (no overhead and profit deduction) For a c/o with a net decrease in costs of $110,000, the credit amount would be $110,500 ($110,000 + ($110,000 - $100,000)*5%) Deduct 5% from Subcontractor actually performing the work for the net decrease in costs; Example: For a c/o with a net decrease in costs of $10,000, the credit amount would be $10,500 ($10,000 + $10,000*5% = $10,500) 24 Change of Contract Amount Time and Material – Article 11.8 (Procedural note: T&M is primarily intended for single trade work that can be completed in less than 10 days) At the close of each work day, Contractor shall submit a daily T&M record together with applicable delivery tickets, listing all labor, employee names, hours worked, wage classifications, materials, quantities, equipment size, type and ID number, and supplies involved for said work day, the location of the affected portion of the work, for services and expenditures. Contractor and OAR* shall sign daily T&M record. (*Daily T&M Record Form designates IOR as the signatory however the OAR is required by Article 11.8 to sign the form, not the IOR.) 25 Change of Contract Amount Unit Prices – Articles 11.9 thru 11.11 Applicable where the work involved is covered by unit prices contained within the contract documents; The estimated quantities of items of unit price work are not guaranteed and solely for the purpose of comparison of bids and determining an initial contract amount. Each unit price covers all overhead and profit Unit costs can be adjusted if quantity and scope differ materially and significantly from the estimated quantity and intended scope of such item indicated in the contract. 26 Tools & Resources for C/O Cost Components Change Order Estimating SECTION 3 27 Tools & Resources for C/O Cost Components Labor Fully Burdened Prevailing Wages Workers’ Compensation Insurance Man Hours Determination Materials Equipment Bond Insurance 28 Labor – Fully Burdened Prevailing Wages Fully burdened prevailing wages consist of: Basic hourly rate Fringe benefits Payroll taxes FICA SUTA FUTA ETT 29 Labor – Fully Burdened Prevailing Wages (If Contractor requests labor rate higher than the fully burdened prevailing wages, a Labor Rate Calculation Form: Request Rate Higher than Fully Burdened Labor Rates (01020-21) must be submitted for approval). Prevailing wages (note: rates effective at the time of work shall be paid; fully burdened prevailing wage table can be viewed on http://www.laschools.org/contractor/cc/contractor-project-forms ) Basic hourly rate: Determined by Director of Industrial Relations using established union wages in accordance with craft classifications for journeyman & apprentice. Journeyman rates are listed in fully burdened prevailing wage table. Apprentice rates are a percentage of the Journeyman rates, which are based on periodic wage percentage progressions of individual craft classification. These rates can be viewed on DIR website. http://www.dir.ca.gov/dlsr/PWD/Apprentice.htm Foreman rates are not determined by DIR. Foreman rates vary among craft classifications; they are typically up to $4.00 higher than journeyman rates. 30 Labor - Prevailing Wages (cont’d) Fringe benefits: Determined using established union benefit for each craft classification, which typically includes Health and Welfare, Pension, Vacation/Holiday, Training and/or Other, etc. Payroll Taxes: FICA (Federal Insurance Contributions Act): FICA tax is a combination of a 6.2% social security tax and a 1.45% Medicare tax. FUTA (Federal Unemployment Tax Act): The net effective FUTA rate for most employers is 0.8% on the first $7,000 of wages paid to each employee in a calendar year. Contractors will stop paying FUTA for each employee once his or her wages exceed $7,000 for the year. SUTA (State Unemployment Tax Act): Generally, SUTA tax rate is based on the amount of unemployment claims that are filed by employees terminated by the company. When the business is new, the SUTA tax rate starts at the maximum and declines once the company builds a history of few claims. The rate varies from 1.5% to 6.2%. The taxable wage limit remains at $7,000 per employee. For new employers the tax rate is 3.4% for up to three years. ETT (Employment Training Tax): The ETT rate is 0.1%. The taxable wage limit remains at $7,000 per employee. Prevailing Wage TABLE 06-2008.pdf Payroll Taxes Explanation sheet.pdf 31 Labor – Workers’ Compensation Insurance Workers’ Compensation Insurance: Applicable to non-OCIP projects (demolition and hazardous abatement projects are typically not covered under OCIP) Base premium x Experience Modification Rate = Effective Rate Base Premium (aka Interim Rate) = Pure premium established for each class code by the Insurance Commissioner plus the approved factor and multiplier Experience Mod varies based on history of claims Effective Rate is the rate paid For verification of workers’ compensation rate, ask contractor to provide the Workers’ Compensation Insurance Payroll Report, which contains the Interim Rates and Experience Modification rate. workers comp ins.pdf 32 Man Hours Determination Actual Historical data and experience NECA (for electrical trade) MCAA (for HVAC trade) R.S. Means NECA.pdf RS Means 2008.pdf http://ncws01.lausd.net/Citrix/MetaFrame/auth/login.aspx 33 Materials Invoices / quotations Suppliers Via telephone Via website (Google names of suppliers, i.e. Home Depot, Lowes, McMaster, Grainger, etc). Historical data from previous change orders Tra-Ser Premier (for MEP work) 34 Equipment CalTrans: Labor Surcharge and Equipment Rental Rates cost of equipment ownership Book_2008.pdf which list hourly rates that consist of: Cost of owning and operating the equipment (likely to be lower than rented equipment); 15% markups; Rental Rate Blue Book, the industry guide for determining equipment ‘reimbursement rates’, which consist of: Ownership costs Hourly operating costs Online access: www.equipmentwatch.com User name: luther.luu@lausd.net Password: 123estimating (Note: Only one person can be logged in at a time – log off when finished.) Rental Rate Blue Book.pdf 35 Bond Premium % can be established upfront: premium of the Faithful Performance Bond of the contract divide by the contract amount. Bond premium.pdf ex. $319,811 ÷ $33,373,000 = 0.96% Premium for open bid projects can generally be found on: http://www.laschools.org/employee/contract/cd-link-db/ 36 Insurance All insurance are deemed to be part of Contractor’s overhead and profit. (see Article 11.6.4) Insurance is not allowed in the cost of the work and should never be paid as part of a change order. 37 COP Document Check Change Order Estimating SECTION 4 38 COP Document Check Is the COP valid, e. g. is the contractor entitled to be paid by the contract Is the COP complete and reviewable? 39 Is the COP valid? Who caused the change? __ Contractor defective work correction __ Architect change; RFC, ASI, etc __ DSA required change __ LAUSD desired change Use the spreadsheet template provided in the Justification for Change Orders presentation to assist in this determination 40 Is the COP valid? (cont’d) Is it part of the original contract? __ Order of precedence in the contract: the more stringent prevails and controls. __ Intent of contract documents: all aspect of the work shall be provided by contractor whether or not such aspects of the work are expressly covered in the drawings or specifications. __ Conflict between drawings and specifications: Specifications generally govern as to quality of materials, workmanship, and execution whereas drawings generally govern dimensions, elevations, and layout of work. __ Conflict between drawings: specific notes govern over all other notes; general notes shall be incorporated into other portions of drawings; schedules are complementary with other notes and other portions of drawings including those identified as general notes; larger scale drawing govern over smaller scale drawings, calculated, derived, or numerical dimensions govern over scaled dimensions. 41 Is the COP complete and Reviewable? Sufficient backup for quantities and costs to be added and/or credited? __ Revised drawings, sketches, etc. showing the changes. __ Verifiable material quotes, invoices, receipts, etc. from supplier. __ Equipment Model, Type, Capacity, Rating, etc. __ Changes outlined in COP are reflective of RFC, RFP, CD, COP, etc. 42 Is the COP complete and Reviewable? (cont’d) How does it change? (Any positive impact to the work?) __ Change in material type. __ Change in quantity. __ Change in method of construction. __ Others. 43 Is the COP complete and Reviewable? (cont’d) Still need additional information to understand the scope? __ Get input from OAR and Field Engineers. __ Get input from A/E. __ Get input from IOR __ Get input from contractor __ Do your homework 44 Example and Demonstration Change Order Estimating SECTION 5 45 Example and Demonstration COP cost exceeds $25,000 Forward to Project Estimator / Estimating Unit for independent estimate and analysis Example COP example over 25k.pdf 46 Example and Demonstration COP cost under $25,000 Can be performed by OAR and his appointee Example COP sample under 25000.pdf 47