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HomeMy WebLinkAboutPW16-165 - Change Order - #1 - Scarsella Bros., Inc. - Mill Creek Side Channel / Leber Homestead - 07/14/2016 i Records afl -e r� l } KENT � . -�' Document INASHIxGion Ir 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 I K ENT W nsxixolox 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. i 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 1 I i 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 i i 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 r' ® 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. 1 ® 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 2 ® 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 i it 3 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 2