HomeMy WebLinkAboutPW15-341 - Change Order - #1 - Accord Contractors LLC - 76th Ave S Storm Drainage Improvements - 01/13/2017 NOW lk
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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: Accord Contractors
Vendor Number:
JD Edwards Number
Contract Number: PW 15-341—f)07—
This is assigned by City Clerk's Office
Project Name: Kent Regional Trails Connector
Description: ❑ Interlocal Agreement ® Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: 10/13/15 Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Stephen Lincoln Department: PW Engineering
Contract Amount: $87,455.46
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Chanqe Order #1
As of: 06/27/14
``•••'� K E 1►1 T
CHANGE ORDER NO. # 1
NAME OF CONTRACTOR: Accord Contractors ("Contractor")
CONTRACT NAME & PROJECT NUMBER: 76th Avenue South Storm Drainage. Improvements
ORIGINAL CONTRACT DATE: October 13. 2015
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 due to the project being delayed for one year
and the contractor asserts the one year delay changed his marginal
overhead costs. The contractor requests compensation for excavating,
handling, placing, and compacting recycled native soils used and to
adjust, connect to new pipe, and mud seal reused catch basins. This
equitable adjustment constitutes a negotiated final settlement of all
outstanding claims against the city.
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, $87,455.46
(including applicable alternates and
WSST)
Net Change by Previous Change Orders $0.00
(incl. applicable WSST)
Current Contract Amount $0.00
(incl. Previous Change Orders)
Current Change Order $9,005.00
Applicable WSST Tax on this Change $855.48
Order
Revised Contract Sum $97,315.94
CHANGE ORDER - 1 OF 3
Original Time for Completion 20working days
(insert date)
Revised Time for Completion under 0
prior Change Orders
(insert date)
Days Required (t) for this Change 0 calendar days
Order
Revised Time for Completion 20 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.
CONTRACTOR: CIW OF KENT: //
By: 9� &V411 By � G A„ P.t t 9;4
(signatu e) ;�,' (signature) ice.
Print Name: vcco' age.11l*' Print Name: Timothy J LaPorte, P.E.
Its Me-M& Its Public Works Director
(title) (title)
DATE: i2-a2- IL. DATE: i/)3/i-7
CHANGE ORDER - 2 OF 3
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Kent Law Department
[In this field,You may enter the electronic Ile0ath where the contract has been saved]
CHANGE ORDER - 3 OF 3
T FILE NO: 200.2
KEN
CHANGE ORDER 'IWORKSHEET NO. 1
Construction Management Division - Public Works
Project: 76th Ave S Storm Drainage Imp Project No.: 08-3019
Project Engineer: Steve Lincoln Fed-Aid No.: N/A
Owners Rep: Paul Kuehne Contractor: Accord Contractors
Date: 12/19/2016
I. PROPOSED CHANGE
Equitable Adjustment,
This equitable adjustment constitutes a negotiated final settlement of all outstanding claims
against the City .
II. REASON AND BACKGROUND FOR CHANGE
The start of the project was delayed one year. The Contractor asserts the one-year delay
changed his marginal overhead costs.
Final project quantities fell 400/6 short of advertised Engineer's estimate. The Contractor asserts
lower than expected quantities changed the nature of the work and his cost structures. The
Contractor further asserts the already small size of the project exasperated the effects of the
shortfall.
Native soils were recycled on site for which there was no compensation. The Contractor requests
compensation for excavating, handling, placing, and compacting recycled native soils.
The Contractor reused existing catch basin structures originally planned to be replaced. The
Contractor requests compensation to adjust, connect to new pipe, mud to seal reused catch
basins.
III, METHOD OF PAYMENT
NEW PAY ITEM(S)
Change Order No. FOR ACCOUNTING USE ONLY
._.
Sch. No. I B 1 No Item Description Qty Unit Unit Price ( Cost of Item
Equita 11 ble Adtustment
1 LS005.00
1
TIT FILE NO: 200.2
DELETE EXISTING PAY ITEM(S) per 1-09.5
Change Order No. FOR ACCOUNTING USE ONLY
...._... .__ - .._.-.._ .. ........_
Sch No. B I No Item Description Q� ty Unit Unit Price Cost of Item
.... ..... ... _
TOTAL ESTIMATED COST OF CHANGE ORDER * $9,005.00 ....._._
*Total of the Cost of Item Columns
THIS PAY ESTIMATE $9,005.00
IV. WORKING DAYS
Original Contract 20 Due This Change Order* 10 Previous Total � 20
_.. ......_._. .. .. .. .....
DATE: _ DATE: pp
Explanation lustifEcation Re cored: Idp charge from previous - expected to reduce job total workinq days.
TOTAL WORKING DAYS* ' 20
*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.
Owner's Representative: " Date:
Phil McConnell
Engineer: ^^ --- Date: L z 1I'A .
teve Linc (n
Construction Supervisor: ",F� Date:
Paul Kuehne
Construction Manager: Date:
. , .
.—...................._._
Eric Connor
2
McConnell, Phillip
From: Connor, Eric
Sent: Tuesday, December 13, 2016 7:16 AM
To: McConnell, Phillip; Kuehne, Paul
Cc: Shields, Brian; Bieren, Chad
Subject: RE: 76th Drainage - Equitable Adjustment
Good Morning Phil,
Please proceed with the preparation of this change order.
Thank you,
Eric
Eric Connor, Construction Engineering Manager
Construction Management I Public Works Department
Phone 253-856-5533 1 Cell 253-797-0693
CITY OF KENT, WASHINGTON
Pi. A<<i.CURS Deu V15F Vr;vxRONMEF!.r aEH)RF FIR11i MIS E-rmnar
From: McConnell, Phillip
Sent: Tuesday, December 06, 2016 10:24 AM
To: Kuehne, Paul
Cc: Connor, Eric; Shields, Brian
Subject: FW: 76th Drainage - Equitable Adjustment
Paul,
Accord Contractors accept a reduction in their equitable adjustment request.The final amount will be $9,005 down from
$12,005.
Phil McConnell, Owners Representative
Construction Management I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5542 1 Cell 253-261-5685
nmcconnelltal& A,;go_v
CITY OF KENT,WASHINGTON
KentWA.gov Facebook s YouTube "
PLFAuk C6MsSDL R i H E ENVTRYJ PppgLF^Y BLFOFRE PFUR V IMG'I MSa E-MAIL
From: keithTuaccorcicontractars.corn [rsnailto:kelthCdaccordcgntractors.com]
Sent: Tuesday, December 06, 2016 8:35 AM
To: McConnell, Phillip
Subject: RE: 76th Drainage - Equitable Adjustment
Thanks Phil let's go with it.
li
Appreciate everybody digging into It and making it happen every little bit helps
Sincerely Keith bjella
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On Mon, Dec 5, 2016 at 6:30 PM -0800, "McConnell, Phillip' <PMcConnell@kentwa.gov>wrote:
Keith,
I have been waiting for a response to an email I didn't send, my apologies. I have talked to my up chain about your
requests below. There isn't justification for the multiple mobilizations . If we take the $3,000 out of the$12,005
requested it leaves an equitable adjustment of$9,005.The City is willing to create an equitable adjustment for this
amount.
Phil McConnell, Owners Representative
Construction Management I Public works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5542 1 Cell 253-261-5685
m _gn,Di;L1I@KentwA..aov..
CITY OF KENT, WASHINGTON
KentWA.gov Facebook YouTube
PLEASE CONSIDER THE EVIVIRCIVRENT MFDRE NUNTINC THIS E-MAIL
From: Keith Bjella [lmi Ito:keithacaaccordcontractors.com]
Sent: Thursday, November 10, 2016 2:47 PM
To: McConnell, Phillip
Cc: 'Jason Carl 'Jason Marshall'
Subject: RE: 76th Drainage - Equitable Adjustment
Importance: High
Mr. McConnell:
As we have discussed, the cumulative effect of a number of project components has made a somewhat simple project
extremely inefficient, and in our opinion unable to execute in the manner described in the bid documents. We are
forwarding this information in the spirit of cooperation, as the bid dots and WSDOT based spec states and I paraphrase
as per spec, or at the Engineers discretion." With that in mind, please consider the following issues:
1. Final Project quantities fell 40%short of the contract amounts.
-This reduced volume forced a number of short days that ordinarily would have been full days for
Labor. Our crews are paid in half day minimums.... 4 hours and 1 minute equates to 8 hours for a
Tradesman. We estimate this to have a 42 hour impact at an average wage including burden of$65.60=
a $ would put at$2755.
- Cost of equipment desperately needed on other jobsites had a similar impact, choosing how to calculate
again is a challenge but lets say:
a. 4 mobs at $750 ea.$3000 plus tax. Or
L. hourly equipment of tool truck$25/hr., excavator$50, roller$10, hand tools at$5 multiplied by 21
hours= $1890 plus tax.
2
2. The 1 year delay to the project initially did not concern us, we did not encounter hyper-inflation as
speculated, but the National Wholesale Price index increased by a consensus of.039. 1 would argue the
elevated economy of the Puget Sound put it well above 5%. Even 6% puts us at $3000 delta including labor
and materials. I'm sure others would argue "the prevailing wage has not changed." This factor is actually
correct, however the reality is that in the accelerated economy todays labor has resulted in significant less
efficiency in productivity, the ability to hire labor, and the resulting productivity is well below any figure
identified in a $3000 delta. Again the engineer has discretion.
3. Native soils being stored, covered, placed and swept endlessly both by hand and mechanically: 6 hours
for a crew of 3 and equipment$65.60 x18 plus 6 x$50 excavator, plus sweeping 1x charge of
$400= $1880 This saved the owner$500+with more time in trucking, labor, disposal, and materials cost,
even after netting slightly less in excavator time.
4. Reuse of existing Type 2 Catch basin saved the owner$3800 but we did have the expense of added
equipment time and labor to readjust, added repipe, mudding of: 6 crew hours at$180 per hour or$1080
plus Labor and materials for re-grouting at$175 plus OHP approximating$1370
Thanks to you and the City for considering this request. To clarify, this $12,005 still leaves us well short of
our initially bid OHP. If my figures are accurate, this still delivers nearly a $20k savings to the City on this
contract. Further, I understand we cultivated excellent relations to the neighboring business owners; as was
specifically requested at our precon... Again it is not my intent to prolong a disagreement, we simply
encountered the above challenges; while conscientiously creating opportunities for the City to save, on a
very small job; with nearly 40 WSDOT line items. By my understanding,the WSDOT format and spec is not
intended for such small line items and scopes, if others disagree with this statement, I can assure you
without reservation, that this format is not profitable without the type of cooperation we have outlined.
Sincerely,
Keith Bjella
Accord Contractors
"Building with Integrity"
15405 SE 37`h St., Ste. 100
Bellevue, WA 98006
P: 425-754-6759
From: McConnell, Phillip [inailto:PMcConnellgkentwa.eov]
Sent: Friday, November4, 201612:44 PM
To: 'keith@accordcontractors.com' <keith@accordcontractors.com>
Subject: RE: 76th Drainage- Equitable Adjustment
Keith,
Below is a list of items that could be discussed in the pursuit of lost revenues. Please put these
into your own words and attach a value to each or an overall dollar figure. Please email me that
and I will do my best to get you some compensation.
The start of the project was delayed one year. The Contractor asserts the one-year delay
changed his marginal overhead costs.
Final project quantities fell 40% short of advertised Engineer's estimate. The Contractor asserts
lower than expected quantities changed the nature of the work and his cost structures. The
3
Contractor further asserts the already small size of the project exasperated the effects of the
shortfall.
Native soils were recycled on site for which there was no compensation. The Contractor requests
compensation for excavating, handling, placing, and compacting recycled native soils.
The Contractor reused existing catch basin structures originally planned to be replaced. The
Contractor requests compensation to adjust, connect new pipe, mud to seal reused catch
basins.
Phil McConnell, Owners Representative
Construction Management I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5542 1 Cell 253-261-5685
na'nCcpnn Il(-a11� 4ktW-A ocv
CITY OF KENT, WASHINGTON
KentWA.gov Facebook r- You'rube
)�L f C G:43 NY9ZDFn TH'L m4rokE WRLIVTim "Rigs L'-MPIL
From: Keith Bjella [mailtc:keith c accordcontractors.corn]
Sent: Friday, November 04, 2016 9:21 AM
To: McConnell, Phillip
Cc: "Jason Cantley"; Kuehne, Paul; Shields, Brian
Subject: RE: 76th Drainage - Settlement
We'll hit it next week.
Keith Bjella
Accord Contractors
"Building with Integrity"
15405 SE 371h St., Ste. 100
Bellevue, WA 98006
P: 425-754-6759
From: McConnell, Phillip [mailto:PMcConnellr7u kentwa.J;ov]
Sent: Friday, November 4, 2016 7:22 AM
To: keith@accordcontractors.com
Cc: 'Jason Cantley' (jasonc(@accordcontractors.coin) <]asonc@accordcontractors,coln>; Kuehne, Paul
<PKuehne@kentwa.gov>; Shields, Brian <BShlelds@kentwa.aov>
Subject: 76th Drainage - Settlement
Keith,
I've attached a few pictures of the settled area. You will need to bring some topsail in to fill this in.
Phil McConnell, Owners Representative
Construction Management I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5542 1 Cell 253-261-5685
Lmc ,!'?n.E.11aDKGntWA.gov
CITY OF KENT, WASHINGTON
KentWA.gov Facebook r. YouTube
4
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