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Home My WebLink AboutPW14-118 - Change Order - #8 - Tapani, Inc. - Briscoe-Desimone Levee Improvements Reach 2 & 3 - 05/20/2016 • rd s M anar n SCENT WASH INC,TOM Document CONTRACT COVED. SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Ta ani, Inc. Vendor Number: JD Edwards lumber Contract Number: PW 14-118 - 001 This is assigned by City Cleric's Office Project Name: Briscoe Desimone Levee Improvements Reach 2 and 3 Description: ❑ Interlocal Agreement E Change Order ❑ Amendment ❑ Contract ❑ Other:. Contract Effective bate: 1/3012014 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Casteel Department: PW Engineering Contract Amount: 6 7a'g 555.56 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Change Order #8 As of: 08/27/14 • KENT Wns Hiworon CHANGE ORDER NO. #8 NAME OF CONTRACTOR: Tapani, Inc. ("Contractor") CONTRACT NAME & PROJECT NUMBER: Briscoe Desimone Levee Improvements Reach 2 and 3 ORIGINAL CONTRACT DATE: January 30, 2014 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--complete and final settlement to resolve all claims related to plant die-off that may have been caused by flooding of the Green River and abnormal heat in 2015, as claimed by Derek Kemppainen in his letter dated November 10, 2015. No further compensation will be made for any future plant die-off should it occur in subsequent years. The contractor will water the plants as specified in the contract to maintain the plants in a thriving condition. The contractor shall meet all requirements to water the plants as specified under KSP 8-03.3(15) Temporary Irrigation and as provided by KSP Plant Establishment 8-02.3(13) and as shown on the plans. The contractor shall contact the City 24 hours prior to arriving on-site to water the plants and shall provide water meter readings and water billing statements to collaborate plant watering compliance. Plant establishment is extended by 157 days for the period that the contractor failed to maintain the plants in a thriving condition per KSP Plant Establishment 8-02.3(13). 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, $6,709,555.56 (including applicable alternates and WSST) Net Change by Previous Change Orders $403,264.63 (incl. applicable WSST) Current Contract Amount $7,112,820.19 (incl. Previous Change Orders) Current Change Order $32,802.75 CHANGE ORDER - 1 OF 4 Applicable WSST Tax on this Change $3,116.26 Order Revised Contract Sum $7,148,739.20 CHANGE ORDER - 2 OF 4 Original Time for Completion 200 working days (insert date) Revised Time for Completion under mm m 210 working days prior Change Orders (insert date) Days Required (±) for this Change 0 calendar days Order Revised Time for Completion 210 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 b low. "o CONTRACTOR: CITYUF KENT: By: By: V1. (Signatur4l ature) e-V"i k k Print il�me: TZ, Pri N a m e-.7�r'�& k- Its Its TA � le) 0 (title DATE:.o DATE:��i� 5rl 6 6V CHANGE ORDER - 3 OF 4 APPROVED AS TO FORM: (applicable If Mayors signature required) Kent.Law Department [In this field,you may enter the electronic Rlepath where the contract has been saved] CHANGE ORDER - 4 OF 4 KENT CONTRACT CHANGE ORDER WORKSHEET w.sw��orow Project Name: Briscoe-Desimone Levee Improvements Reach 2 & 3. Project Number: 09-3010 Approvals: (CM Supervisor):Paul Kuehne (cm Manager):Paul Kuehne for Eric Connor Equitable Adjustment Contract Change Order This equitable adjustment is complete and final settlement to resolve all claims related to plant die-off that may have been exasperated by flooding of the green river and abnormal heat in 2015, as claimed by Derek Kemppainen in his letter dated November 10, 2015. No other compensation will be made. No further compensation will be made for any future plant die-off should it occur in subsequent years. The Contractor will water the plants as specified in the Contract to maintain the plants in a thriving condition. The Contractor shall meet all requirements to water the plants as specified under KSP 8-03.3(15) Temporary Irrigation and as provided by KSP Plant Establishment 8-02.3(13) and as shown on the plans. The Contractor shall contact the City 24 hours prior to arriving on site to water the plants and shall provide water meter readings and water billing statements to collaborate plant watering compliance. Plant establishment is extended by 157 days for the period that the Contractor failed to maintain the plants in a thriving condition per KSP Plant Establishment 8-02.3(13). COST QUANTITY PRICE UNIT(S) One $32,802.75 Equitable Adjustment = 32 802.75 TOTAL TIME Extension of Contract Time Due to This Change Order-Number of Working Days Added: 0 Prepared By: Paul Kuehne R.Tubli6PROJECTSM-3010& I I Briscoe-Desmoine Levee ImprovementslPlant CO WORKSHEET.doc April 8,2016 Kuehne, Paul From: Derek Kemppainen <derekk@tapaniunderground.com> Sent: Friday, April 15, 2016 1:57 PM To: Kuehne, Paul Cc: Bryant,Jason;Connor, Eric Subject: Re:Change Order 8 - C&R Plant Replacement Equitable Adjustment Attachments: Briscoe 2&3 - CO#8 Signed by Kevin Tapani.pdf Paul, Kevin Tapani, the vice president, signed the change orders. Three copies will be mailed to you. Thanks! Derek Kemppainen Project Manager, Tapani Inc. Cell:(360)975-2011 Email: derekk(abtapani.com Office: (360)-687-1148 On Fri, Apr 15, 2016 at 12:25 PM, Kuehne, Paul <PKuehne a,kentwa-ov> wrote: Hello Derek Kemppainen, Three inked originals must be physically delivered to the City for further processing. The signature must be by an agent of Tapani explicitly empowered in writing to contractually bind Tapani. Hello Jason Bryant, Do you have written documentation naming Derek Kemppainen as a Tapani agent authorized to contractually bind Tapani? Paul Kuehne, construction Management Supervisor Construction Management I Public Works Department 1 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5543 1 Cell 253-740-5015 PKuehne(@KentWA.aov CITY OF KENT,WASHINGTON KentWA.4ov Facebook YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS EMAIL From: Derek Kemppainen [mailto:derekkC-Otapaniunderground.com] Sent: Friday, April 15, 2016 10:59 AM To: Kuehne, Paul Cc: Bryant, Jason Subject: Re: Change Order 8 - C&R Plant Replacement Equitable Adjustment Paul, Please see attached signed change order. I will have three signed copies mailed today. Thank you? From: Kuehne, Paul Sent:Thursday, April 14, 2016 1:35 PM To: 'Derek Kemppainen' 2 Cc: Bryant,Jason Subject: Change Order 8 - C&R Plant Replacement Equitable Adjustment Hello Derek , Please provide Contractor's signature(s) by authorized individual and return three inked hard copies. Thank you. Paul Kuehne, Construction Management Supervisor Construction Management I Public Works Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-SS43 I Cell 253-740-5015 PKuehne@KentWA.gov CITY OF KENT,WASHINGTON KentWA.nov Facebook YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: Derek Kemppainen [maiito:derekk(iltapaniunderground.com] Sent: Wednesday, April 13, 2016 1:13 PM To: Kuehne, Paul Cc: Bryant, Jason Subject: Re: Change Order 8 - C&R Plant Replacement Equitable Adjustment Jason, 3 Could you give me a call sometime today? Thanks! From: Kuehne, Paul Sent: Tuesday, April 12, 2016 12:41 PM To: 'Derek Kemppainen' Cc: Bryant, Jason Subject: Change Order 8 - C&R Plant Replacement Equitable Adjustment Hello Derek, Included below please find excerpt from Change Order #8 describing the C&R Plant Replacement Equitable Adjustment. Three copies of the change order are presiding at the front counter awaiting Contractor's authorized signature. Upon Contractor's signature a progress payment will be initiated. Please feel free to call me with any questions, comments or concerns about these or any other matters. Equitable Adjustment, Contract Change Order #8 This equitable adjustment is complete and final settlement to resolve all claims related to plant die-off that may have been exasperated by flooding of the green river and abnormal heat in 2015, as claimed by Derek Kemppainen in his letter dated November 10, 2015. No other compensation will be made. No further compensation will be made for any future plant die-off should it occur in subsequent years. The Contractor will water the plants as specified in the Contract to maintain the plants in a thriving condition. The Contractor shall meet all requirements to water the plants as specified under KSP 8-03.3(15) Temporary Irrigation and as provided by KSP Plant Establishment 8-02.3(13) and as shown on the plans. The Contractor shall contact the City 24 hours prior to arriving on site to water the plants and shall provide 4 water meter readings and water billing statements to collaborate plant watering compliance. Plant establishment is extended by 157 days for the period that the Contractor failed to maintain the plants in a thriving condition per KSP Plant Establishment 8-02.3(13). Equitable Adjustment: $32,802.75 Total 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-SOJ.5 PKuehne@KentWA.gov CITY OF KENT, WASHINGTON KentWA.aov Facebook YouTube PLEASE CONSIDER THL ENVIRONMENT RE FOR L PRIN I ING THIS E-MAIL From: Derek Kemppainen [mailto:derekk(a tapaniunderground.com] Sent: Monday, April 11, 2016 2:47 PM To: Kuehne, Paul Cc: Bryant, Jason Subject: Re: C&R Plant Replacement Change Order Request Awesome! Thanks! From: Kuehne, Paul Sent: Monday, April 11, 2016 2:42 PM 5 To: 'Derek Kemppainen' Cc: Bryant,Jason Subject: RE: C&R Plant Replacement Change Order Request The C&R pay request change order is nearly finished. Should have it to you this week. 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 PKuehne(o)KentWA.aov CITY OF KENT, WASHINGTON KentWA.aov Facebook YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PR!NTING THIS E-MAIL From: Derek Kemppainen [mailto:derekk(6tapaniunderground.com] Sent: Monday, April 11, 2016 11:43 AM To: Kuehne, Paul Subject: Fwd: C&R Plant Replacement Change Order Request Paul - what's the latest with this change order? Derek Kemppainen Project Manager,Tapani Inc. Cell: (360)975-2011 6 i Email: derekkAtanani.com Office: (360)-687-1148