HomeMy WebLinkAboutPW13-103 - Change Order - #28 - Goodfellow Bros., Inc. - SE 256th St Improvements - 12/08/2014 manage ;
KENT Document
WP9HINOTON
CONTRACT COVER SHEET
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This is to be completed by the Contract Manager prior to submission j
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Goodfellow Brothers, Inc.
Vendor Number:
JD Edwards Number
Contract Number: 13-103 0 --
This is assigned by City Clerk's Office
Project Name: SE 256th Street Improvements
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Description: ❑ Interlocal Agreement ® Change Order ❑ Amendment ❑ Contract
❑ Other:
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Contract Effective Date: 6J6J2013 Termination Date:
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Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Phil McConnell Department: PW Engineering
Contract Amount:
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Change Order481111W 28
As of: 08/27/14
1�ENT
CHANGE ORDERN . #28
NAME OF CONTRACTOR: Goodfellow Brothers Inc ("Contractor")
CONTRACT NAME & PROJECT NUMBER: SE 256`h Street Improvements
ORIGINAL CONTRACT DATE: June 6, 2013
This Change Order amends the above-referenced contract; all other provisions of the
contract that are not inconsistent with this Change Order shall remain in effect. For valuable
consideration and by mutual consent of the parties, the project contract is modified as follows:
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, Contractor shall provide all labor, materials, and
equipment necessary to:
Equitable adjustment to compensate the contractor for past, present
and future power pole caused impediments to the prosecution of the
contractor's work. This pertains to work where the contractor had to
make accommodations due to late removal of poles.
2. The contract amount and time for performance provisions of Section II "Time of
Completion," and Section III, "Compensation," are hereby modified as follows:
Original Contract Sum, $5,208,988.60
(including applicable alternates and
WSST)
Net Change by Previous Change Orders $126,227.09
(incl. applicable WSST)
Current Contract Amount $5,335,215.69
(incl. Previous Change Orders)
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Current Change Order $15,000.00
Applicable WSST Tax on this Change $0.00
Order
Revised Contract Sum $5,350,215.69
CHANGE ORDER - 1 OF 3
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Original Time for Completion 300working days
(insert date)
Revised Time for Completion under 304 working(lays
prior Change Orders
(insert date)
Days Required (t) for this Change 30 working days
Order
Revised Time for Completion 334 working days
(insert date)
In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard
Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this
Change Order by signing below. Also, pursuant to the above-referenced contract, Contractor
agrees to waive any protest it may have regarding this Change Order and acknowledges and
accepts that this Change Order constitutes final settlement of all claims of any kind or nature
arising from or connected with any work either covered or affected by this Change Order,
including, without limitation, claims related to contract time, contract acceleration, onsite or
home office overhead, or lost profits. This Change Order, unless otherwise provided, does not
relieve the Contractor from strict compliance with the guarantee and warranty provisions of the
original contract, particularly those pertaining to substantial completion date.
All acts consistent with the authority of the Agreement, previous Change Orders (if any),
and this Change Order, prior to the effective date of this Change Order, are hereby ratified and
affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change
Order shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this contract modification, which is binding on the parties of this
contract.
3. The Contractor will adjust the amount of its performance bond (if any) for this
project to be consistent with the revised contract sum shown in section 2, above.
IN WITNESS, the parties below have executed this Agreement, which will
become effective on the last date written be�p�w
CONTRACTOR: CITY OF KENT:
y s y: a1 r=
(slgnat re) (signature)
Print Name:/(�i /d _ �7 C'�e �a-r�.� Print Name: Timothy 3 LaPorte, P.E.
Its Its Public Works Director
(title) ,k itJe}
DATE: 0- DATE:
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CHANGE ORDER - 2 OF 3
KENT FILE NO: 200.2
CHANGE ORDER WORKSHE T NO. 28
Construction Management Division - Public Works
Project: 256T" STREET Project No.: 09-3012
Project Engineer: MADFAI Fed-Aid No.:
Owners Rep: MCCONNELL Contractor: GOODFELLOWS
Date: 11/05/2014
I. PROPOSED CHANGE
Equitable adjustment to compensate the Contractor for past, present, and future power pole
caused impediments to the prosecution of the Contractor's Work. This pertains to all Work where j
the Contractor had to make accommodations due to the late removal of poles. After pole
removal restoration work necessary to restore holes or segments of sidewalk and other work
necessary due to pole removal will be paid via force account.
II. REASON AND BACKGROUND FOR CHANGE
Power pole conflicts.
III. METHOD OF PAYMENT
NEW PAY ITEM(S) ® Not Applicable
Change Order No. ; _ i IFOR ACCOUNTING USE ONLY
Sch. No. Item Description Total Est. Qty this Unit Unit Price Total Estimated Cost of
Qty i PE Item
( E�cuItable Adjustment {poles) — 1 — $15,000_OOv15,000 oa_
---
ndependent
—❑ I_I R_EQUIREDEstimate Attached ❑ a CREATE
later dat uTEM ONLY Payment to be made ❑ ; PAY THIS PAY ESTIMATE
_ _ — —___p_on_com�letionof _—
❑ 1 Material Submittals Required - CC: Construction Coordinator I New Sub Regrd? No
DELETE EXISTING PAY ITEM(S) per 1-09.5 Not Applicable
Change Order No. _ FOR ACCOUNTING USE ONLY
Sch, No. B.L No. Item Description Qty Unit ! Unit Price (; Cost of Item
a__ to -. - _.._.- -- --- ---- -- t
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f
❑ ! Independent Estimate Attached -REQUIRED ❑ I
INCREASE/DECREASE TO EXISTING PAY ITEM(S) ❑ Not Applicable
Change Order No. j - j ! FOR ACCOUNTING USE ONLY
Sch No. B f No Item Description Qty Unit Unit Price I Cost of Item
--- i..__... --- .---- --- I � _
1 REV. DATE: 4/01/10
FILE NO: 200.2
' T
t
Independent-Estimate Attached-REQUIRED Q
TOTAL ESTIMATED COST OF CHANGE ORDER $15�000.00 �
*Total of the Cost of Item Columns
THIS PAY ESTIMATE �$I�5O 0 0
IV. WORKING DAYS
Original Contract 1300 Due This Change Order* Previous Total j 304
DATE: -- - -----------------------E
ion/Justification Re4iiir�d.
TOTAL WORKING DAYS* --3-34
*This Change Order + Previous Total
All work, materials and measurements to be in accordance with the Standard Specifications
and Contract Special Provisions for the type of work described.
Prepared By: Date:
Construction Supervisor: /7 L/ Date:
Construction Manager: Date:
2 REV. DATE: 4/01/10
McConnell, Phillip
From: Kuehne, Paul
Sent: Thursday, August 14, 2014 4:19 PM
To: 'Lanes@goodfellowbros.com'
Cc: Ryan Phelan;Jay Shinnick; 'Adrian Marlow'; McConnell, Phillip; Madfai, Mark; Barry,
Jason; Bieren, Chad
Subject: Equitable Adjustment to Resolve Notice of Delay/ Potential Claim
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Dear Mr. Lane Shinnick,
Per our conversations regarding power pole conflicts that culminating with our verbal agreement
reached Friday August 8, 2014, we have agreed to the following:
The City Will initiate a $15,000 equitable adjustment to compensate the Contractor for past,
present, and future power pole caused impediments to the prosecution of the Contractor's Work.
This pertains to all Work were the Contractor had to make accommodations due to the late
removal of poles. Non-Contract Work created by pole removal is not compensated by this
agreement. After pole removal restoration work necessary to restore holes or segments of
sidewalk and other work necessary due to pole removal will be paid via force account.
Please call me if you have any comments, concerns, questions or corrections.
Paul Kuehne, Construction Management Supervisor
Construction Management I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5543 1 Cell 253-740-5015
PKuehneCabKentWA gov
CITY OF KENT,WASHINGTON
KentWA.gov Facebook YouTube
PLEASE CDfi SiDER THE ENVIROMMNT N FJRE PRTNTSNG mis V.-NAIL
From: Adrian Marlow [mailto:AdrianM@goodfellowbros com]
Sent: Wednesday, July 23, 2014 2:01 PM
To: McConnell, Phillip; Kuehne, Paul
Cc: Ryan Phelan; Jay Shinnick
Subject: Notice of Delay/ Potential Claim
Phil/ Paul,
Please take this email as Goodfellow Bros Inc. (GBI) Notice of Delay and Notice of Potential Claim on the SE 256th St.
Improvements project,
On February 17th 2014 Goodfellow Bros completed the underground utility installation scope of work. Per the
specifications (section 8-32) the contractor was to assume that the final utility conversion and pole removal would be
completed 150 days after completion of the underground utility conversion. Per the specifications the final conversion
and pole removal should have taken place by July 17`h 2014.
Please note that the power poles in their current location are delaying the completion of roadway excavation,
installation of fabric, gravel borrow, and 5/8" CSTC for the new roadway section,fine grade, rock, and installation of
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curb and gutter, fine grade, rock, and installation of new sidewalks and driveways, installation of the AC paving, and
installation of new light poles and associated wiring. In addition as the project progresses other items may be found to
be in conflict with the poles given their current location.
Additional costs may be incurred due to this delay including but not limited to: re-mobilization to complete out of
sequence work, loss of production completing items of work out of sequence, extended home office overhead,
extended jab site overhead, and depending on the length of the delay there may be additional costs associated with an
increase in material costs.
At this time it is unclear when the final conversion and pole removal will take place. Until the final pole removal and
conversion has taken place it is also difficult to assess the full extent of the time delay and the extent to which additional
costs were incurred by the delay. Once the poles have been removed from the project (or the work has been
definitively scheduled to the extent that it is possible for GBI to assess the full cost of the delay) a detailed summary of
the delay and associated cost breakdown will be submitted to the City of Kent for review.
Please let me know if you have any questions.
Thank you,
fdrzn C1�rlow
Project Manager
Maple Valley-Washington
P.O. Box 1419, 22035 BE Wax Net#14
Maple Valley,Washington 98033
P (425)432-2202 1 C(206)437-5757 1 F(425)432-1555
'r 41 C!m llNas.
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