HomeMy WebLinkAboutPW16-165 - Change Order - #1 - Scarsella Bros., Inc. - Mill Creek Side Channel / Leber Homestead - 07/14/2016 i
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CONTRACT COVER 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: Scarsella Brothers, Inc
Vendor Number:
ID Edwards Number
Contract Number: PW 16-165
This is assigned by City Clerk's Office
Project Name: Mill Creek Side Channel/Leber Homestead Property
Description: ❑ Interlocal Agreement ® Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: 4/28/16 Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Matt Knox Department: PW Engineering
Contract Amount: $2,225,276.52
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Change Order #1
As of: 08/27/14
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CHANGE ORDER NO. I
NAME OF CONTRACTOR: Scarsella Bros. Inc. ("Contractor")
CONTRACT NAME & PROJECT NUMBER: Mill Creek Channel/Leber Homestead Property
ORIGINAL CONTRACT DATE: April 28, 2016
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:
A. CONTRACT CHANGE
Each of the following bid item units of measurement are hereby
changed from unit measurements of volume to Lump Sum: 1010A -
Excavation, Mix & Stockpile Contaminated Soil, 1015A - Haul Offsite &
Dispose of Mixed Soil, 1017A - Fill Construction of Berms A & B and
1040B - Excavation & Haul of Habitat Area. For City grant
reimbursement purposes the Contractor shall provide contaminated
soil truck tickets, including tare weights and Roosevelt disposal tickets.
The Contractor shall include paid invoices from Roosevelt and a
breakdown of the Contractor's cost to transport contaminated
material.
Upon the City's acceptance of an approved disposal site and upon
Contractor's indemnification of the City for any liability caused by this
change, the Contractor may haul off and properly dispose of arsenic
contaminated soil instead of mixing the soil on site as was originally
provided in the approved bid specifications. By this agreement risk is
transferred from the City to the Contractor for any miscalculation of
bid item excavation and disposal quantities for the new lump sum
items. Should the total excavated soil amounts transferred offsite,
including contingencies, built into the bid item unit quantities be more
or less than the actual quantities found on site and necessary to
perform the Work, the Contractor is completely responsible for all
costs or benefits caused by such quantity variations, including
contingency amounts. All specifications associated with the original bid
items remain unaltered by this agreement other than the units of
measurement.
B. REASON AND BACKGROUND FOR CHANGE
CHANGE ORDER - 1 OF 3
I
The Contractor asserts that mixing the contaminated soil and
performing the verification testing as specified will be time consuming
and may push work into a second year (summer 2017). The
Contractor has determined that having all work completed in one
season (completion by September 30, 2016) will benefit the
Contractor.
From the City's perspective, completion in one season may allow in-
house planting to occur this fall and consultant-provided contaminated
soil oversight costs could be reduced.
Overall, this change order No. 1, should benefit the Contractor by:
saving on mobilization; freeing up resources a year early; reducing
effort mixing soils; and if contaminants prove to be no more than
estimated and there are no site condition surprises, the Contractor
may potentially realize contingency that might be found in converted
bid item quantities.
C. INDEMNIFICATION
Contractor shall defend, indemnify, and hold the City, its officers,
officials, employees, agents, and assigns harmless from any and all
claims, injuries, damages, losses or suits, including all legal costs and
attorney fees, arising out of or in connection with the loading,
transport, and deposit at Republic Services Inc. for transport to
Roosevelt disposal site of these materials provided by this change
order No. 1, except for injuries and damages caused by the sole
negligence of the City.
The City's inspection or acceptance of any of Contractor's work when
completed shall not be grounds to avoid any of these covenants of
indemnification.
Should a court of competent jurisdiction determine that this contract is
subject to RCW 4.24.115, then, in the event of liability for damages
arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor ,and
the City, its officers, officials, employees, agents and volunteers, the
Contractor's liability hereunder shall be only to the extent of the
Contractor's negligence.
The provisions of this section shall survive the expiration or
termination of this contract.
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CHANGE ORDER - 2 OF 3
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, $2,225,276.52
(including applicable alternates and
WSST)
Net Change by Previous Change Orders $0.00
(incl. applicable WSST)
Current Contract Amount $2,225,276.52
(incl. Previous Change Orders)
Current Change Order $0.00
Applicable WSST Tax on this Change $0.00
Order
Revised Contract Sum $2,225,276.52
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CHANGE ORDER - 3 OF 3
Original Time for Completion 180
(insert date)
Revised Time for Completion under 0
prior Change Orders
(insert date)
Days Required (t) for this Change -80 calendar days
Order
Revised Time for Completion 100 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 below.
L '£
CONTRACTOR: CITY OF ENT:
By: d�Ie- .� By: i
(signature) !''.�-a (signature)
Print Name: Print_Name:�;rPto} U 5. !.ARrle7Pc,
Its Its G t
(t zitle) s � (t
DATE: I � n � a.�i�.� DATE: i'
CHANGE ORDER - 4 OF 3
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APPROVED AS TO FORM:
(applicable if Mayor's signature required)
i
Kent Law Department
U.this field,Yon may enter the elestronlc filepath where the contract has been saved]
CHANGE ORDER - 5 OF 3
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® FILE NO: 200.2
KENT
CHANGE ORDER WORKSH ET NO. 1
Construction Management Division - Public Works
Project: Leber Homestead Project No.: 08-3018
Project Engineer: Matt Knox Fed-Aid No.: N/A
Owners Rep: Paul Kuehne Contractor: Scarsella Bros.
Date: 6/08/16
A. CONTRACT CHANGE
Each of the following bid item units of measurement are hereby changed from unit
measurements of volume to Lump Sum: 1010A - Excavation, Mix & Stockpile Contaminated Soil,
1015A - Haul Offsite & Dispose of Mixed Soil, 1017A - Fill Construction of Berms A & B and
1040E - Excavation & Haul of Habitat Area. For City grant reimbursement purposes the
Contractor shall provide contaminated soil truck tickets, including tare weights and Roosevelt
disposal tickets. The Contractor shall include paid invoices from Roosevelt and a breakdown of
the Contractor's cost to transport contaminated material.
Upon the City's acceptance of an approved disposal site and upon Contractor's indemnification of
the City for any liability caused by this change, the Contractor may haul off and properly dispose
of arsenic contaminated soil instead of mixing the soil on site as was originally provided in the
approved bid specifications. By this agreement risk is transferred from the City to the Contractor
for any miscalculation of bid item excavation and disposal quantities for the new lump sum
items. Should the total excavated soil amounts transferred offsite, including contingencies, built
into the bid item unit quantities be more or less than the actual quantities found on site and
necessary to perform the Work, the Contractor is completely responsible for all costs or benefits
caused by such quantity variations, including contingency amounts. All specifications associated
with the original bid items remain unaltered by this agreement other than the units of
measurement.
B. REASON AND BACKGROUND FOR CHANGE
The Contractor asserts that mixing the contaminated soil and performing the verification testing
as specified will be time consuming and may push work into a second year (summer 2017). The
Contractor has determined that having all work completed in one season (completion by
September 30, 2016) will benefit the Contractor.
From the City's perspective, completion in one season may allow in-house planting to occur this
fall and consultant-provided contaminated soil oversight costs could be reduced.
Overall, this change order No. 1, should benefit the Contractor by: saving on mobilization;
freeing up resources a year early; reducing effort mixing soils; and if contaminants prove to be
no more than estimated and there are no site condition surprises, the Contractor may potentially
realize contingency that might be found in converted bid item quantities.
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® FILE NO: 200.2
KENT
C. INDEMNIFICATION
Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents,
and assigns harmless from any and all claims, injuries, damages, losses or suits, including all
legal costs and attorney fees, arising out of or in connection with the loading, transport, and
deposit at Republic Services Inc. for transport to Roosevelt disposal site of these materials
provided by this change order No. 1, except for injuries and damages caused by the sole
negligence of the City.
i
The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this contract is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
The provisions of this section shall survive the expiration or termination of this contract.
D. METHOD OF PAYMENT
NEW PAY ITEM(S)
Change Order No. FOR ACCOUNTING USE ONLY
Sch. No. B.I. No. Item Description oty Unit Unit Price Cost of Item
1A 101OAa Excavation, Mix &Stockpile 1 LS ( $66,000 $66,000
_ Contaminated Soil
1A 1015Aa Haul Offsite &Dispose of Mixed 1 LS $796,575 $796,575
Soil
1A 1017Aa Fill Construction of Berms A& B 1 LS $46,065 46 065
--- ---�—— �-- —` --— -'--- I
113 104013b ( Excavation &Haul of Habitat 1 ( LS $308,000 I $308,000
Area
DELETE EXISTING PAY ITEM(S) per 1-09.5
Change Order No. FOR ACCOUNTING USE ONLY
Sc_h. No. _ B.I. No. _ Item Description _ Otyl Unit _ Unit Price j Cost of Item
1A 101OA Excavation,Miz&stockpile 7 33,000rJBCY 2.00 $66,000
1 Contaminated Soil _ __1A 10A Haul Offsite & Dispose of Mixed 24,700CY 32.25 $796,575ISoil _ _
1A 1017A Fill construction of Berms A& B 813000 Cy �5.55 — _ _$46,065_
1B 10406 Excavation & Haul of Habitat 55,000 BCY 5.60 $308,000
Area
TOTAL ESTIMATED COST OF CHANGE ORDER * $0.00
*Total of the Cost of Item Columns
THIS PAY ESTIMATE $0.00
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® FILE NO: 200.2
KENT
E. WORKING DAYS
Original Contract 180 Due This Change Order* 180
_ g -gp I Previous Total
- --- -- --- -- _
_DA_T_E: -------- — _ _ __
* r Explanation Justification Re wired: No change from previous - ex ected to reduce job total working days.
TOTAL WORKING DAYS* 1 100
- *This Change Order + Previous Total
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Anderson, Stephanie
From: Kuehne, Paul
Sent: Monday,July 11, 2016 10:11 AM
To: Anderson, Stephanie
Subject: FW: 08-3018 Mill Creek Side Channel - CO 1
From: Mason Dhanens rma!Ito:Mason.D(o)SCARSELLABROS.com]
Sent: Thursday, June 02, 2016 3:26 PM
To: Knox, Matthew; Kuehne, Paul
Subject: RE: 08-3018 Mill Creek Side Channel - CO 1
Matt,
Here is a copy of the Work Plan. Kevin will be submitting it formally here shortly but I figured I can send it directly to you for
review.
Thank you,
Mason Dhanens
Scarsella Bros., Inc.
From: Knox, Matthew [mailto:MKnoxPkentwa,eov]
Sent:Thursday,June 02, 2016 3:25 PM
To: Mason Dhanens<Mason.D@SCARSELLABROS.com>; Kuehne, Paul <PKuehneC0)kentwa.Rov>
Subject: RE: 08-3018 Mill Creek Side Channel-CO 1
Mason —
I will forward the work plan to AMEC as soon as we see it and also review it internally as quickly as
possible. Yes, it would be great to get going start of next week.
Matt
From. Mason Dhanens rmailto:Mason.D(aSCARSELLABROS.com]
Sent: Thursday, June 02, 2016 3:13 PM
To: Kuehne, Paul
Cc: Knox, Matthew
Subject: 08-3018 Mill Creek Side Channel - CO 1
Paul,
I received your voicemail regarding Change Order 1 for this project. I am in agreement with your message and will await a
change order from you. I will also be submitting the work plan shortly for the mixing of the contaminated soils. If AMEC Foster
Wheeler has a chance to review and approves the work plan we will plan to begin work Monday,June 6th.
Thank you,
I j
Mason Dhanens
Scarsella Bros., Inc.
Office-253.872.7173
Fax-253,395.1209
mason.d@scarsellabros.com
estimating@scarsellabros.com
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