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Home My WebLink AboutPW16-363 - Amendment - #1 Maroni Construction, Inc - Amendment - 10/10/16 0 /�i,ZQ �✓ r A air i/ SCENT , WASHING TON / Document h CONTRACT COVER SKEET 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: Maroni Construction, Inc. Vendor Number: JD Edwards Number Contract Number: PW 16-363 - 007- This is assigned by City Clerk's Office Project Name: S 212th Erosion Repairs Description: ❑ Interlocal agreement ® Change Order ❑ amendment ❑ Contract ❑ Other: Contract Effective Date: 10/10/16 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: $92,606.72 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Change Order #1 ECEIVED CITE'OF LENT CITY CLERK As of: 08/27/1 t 7 t KENT WA5HINGTON CHANGE ORDER NO. # 1 NAME OF CONTRACTOR: Maroni Construction ("Contractor") CONTRACT NAME & PROJECT NUMBER: S. 212th Street Erosion Repairs ORIGINAL CONTRACT DATE: October 10, 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: Equitable adjustment--Installation of chain link fence, hazardous tree removal, and truck standby due to cancellation of work due to creek flow rates. 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, $92,606.72 (including applicable alternates and WSST) Net Change by Previous Change Orders $0.00 (incl. applicable WSST) Current Contract Amount $92,606.72 (incl. Previous Change Orders) Current Change Order $9,096.30 Applicable WSST Tax on this Change $0.00 Order Revised Contract Sum $101,703.02 CHANGE ORDER - 1 OF 3 Original Time for Completion 20 working days (insert date) Revised Time for Completion under 0 prior Change Orders (insert date) Days Required (+) for this Change 31 calendar days Order Revised Time for Completion 51 working days (insert date) In accordance with Sections 1-04.4 and 1-0�4.5 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 bellow have executed this Agreement,, which will become effective on the last date written below. ?4 CONTRACTOR: CITY OF ENT: By:- By ( onalure) ($knatuVe) Print: Name: p'fpc Print Name: Timothy J. LaPorte, P.E. Its Y. Its Public Works Director �title) (t' e) DATE: �ia�� 0 DATE: � 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 filepath where the contract has been saved] CHANGE ORDER - 3 OF 3 • FILE NO: 200.2 KENT CHANGE ORDER WORKSHEET NO. 1 Construction Management Division - Public Works Project: S. 212th Street Erosion Repairs Project No.: 16-3004 Project Engineer: Steve Lincoln Fed-Aid No.: N/A Owners Rep: Phil McConnell Contractor: Maroni Construction Date: 1/13/2017 I. PROPOSED CHANGE Equitable adjustment - Install chainlink fence; Falling on unidentified hazardous trees; Truck standby due to job suspensions II. REASON AND BACKGROUND FOR CHANGE Additional work required to complete the project III. METHOD OF PAYMENT NEW PAY ITEM(S) ❑ Not Applicable Change Order No. i - E i FOR ACCOUNTING USE ONLY Sch. No. 1 Item Description Total Est. J Qty this I Unit E Unit Price Total Estimated Cost of Qty li PE I 1 Item . i ..._..............................._.__._._._._._._...................._....._..._...._._.....................`.._.........._._..._._._._._._._......i.._...................._..............................................................a..............................................._...............;....._.............__........_......_...._...._.............................................. 1 Equitable.....a....._d....'.u......s...t.m. e nfi.._._......._........................................._......_1....................._..._............._..1_....._..............' LS $9,09630 ............_ ._._. _...._......... . ........._._.'_._._......._._.____.$9�096.30......_._._...._._._._.. _.......................... s i i i _._._.........,...................._......_._._.__..........................................._._._._._._.............................._..-._._._.................................._......._......................._._._._._._._._....._.._._._..;..........._._._._..............,....._............._......._....._._._._._........_......._._..._....__._._._._._. _..__._._._.......... i I f V i I ❑ Independent Estimate Attached 1 ❑ CREATE PAY ITEM ONLY— Payment to be made ® i PAY THIS PAY ESTIMATE -REQUIRED 1 at a later date upon completion work. .....:........_.........._._._—......_._._........._....................._._...._._.___................................._._...._._.............................. ......................_........................._......_._._._.._..........................._...._...._._._._._.._.................._.............._.._._...._._................._........ .... ❑ I Material Submittals Required — CC: Construction Coordinator 3 New Sub Reqrd? No DELETE EXISTING PAY ITEM(S) per 1-09.5 ® Not Applicable Change Order No. - FOR ACCOUNTING USE ONLY Sch.No. B.I. No. Item Description Qty Unit 3 Unit Price I Cost of Item _...._._...... ....................._.._._.__ _.......__._._..,_...._.................._._._._......._........_........................__.._..._...._................_...._._.__._._._._._.__.....__..._................._._._._._._.... 1 4 i ........._._......._._......................................... _--- _._.............................._.........._._._...._.._........_...... :..........................................................................._.._...._._............................_... _..................,......_._._...._...._._._._._.............:..........._._._..._.................t..... ' I ; l._ i :........_._...................._._...._........................_..._..._...._i................._._._._._.__...-.-._...._._..._..._..._._......._.. t i ❑ i Independent Estimate Attached -REQUIRED 1 ❑ INCREASE/DECREASE TO EXISTING PAY ITEM(S) ® Not Applicable Change Order No. - ' FOR ACCOUNTING USE ONLY Sch. No. B.I. No. I Item Description I Qty € Unit ' Unit Price Cost of Item i _................... •_ _._._._._._._...._..--------.__...._._._......_._._._._._._._._._._._._... i t ; i i i { I Independent Estimate Attached -REQUIRED ❑ 1 REV. DATE:4/01/10 FILE NO: 200.2 KENT TOTAL ESTIMATED COST OF CHANGE ORDER 9,096.30 *Total of the Cost of Item Columns THIS PAY ESTIMATE $9,096.30 IV. WORKING DAYS O Previous Total Original Contract 20 Due This Change Order* 31 20 ............... DATE: ................................... ................................. ...................... EXDianationIJustification Required: additional days to coordinate fence install - not part of the original contract TOTAL WORKING DAYS* 51 *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: 2-0), Construction Supervisor: Date. 17 Paul iehne Construction Manager; Z %2 s"? Date: Eric Connor 2 REV. DATE: 4/01/10 McConnell, Phillip From: maroniconstinc@aol.com Sent: Friday,January 13, 2017 7:39 AM To: McConnell, Phillip;Connor, Eric Subject: Re: Final Payment Attachments: FA 6.pdf; FA Various 4.pdf Phil -see attached signed docs as requested. Gina -----Original Message----- From: McConnell, Phillip <PMcConnell@kentwa.gov> To: maroniconstinc <maroniconstinc@aol.com> Cc: Connor, Eric<EConnor@kentwa.gov> Sent: Wed, Jan 11, 2017 9:56 am Subject: Final Payment Gina and Ric, After further discussion within the Construction Management Department, it has been determined that The City will pay the full Commercial Fence lump sum quote.So the final payment will be: Truck Stand By $ 814.89 Hazardous Tree Falling $ 400.00 Fence Install (Comm. Fence) $ 6357.12 Fence Install (Maroni) $ 1524.29 Total Change Order $ 9096.30 1 have attached the force accounts for the truck standby and Commercial Fence's work. Please sign and return. Once I have these documents I will create a change order for that amount.A subsequent email will follow for signatures on the change order. The City appreciates your patience and effort on this project. Than You Phil McConnell, Owners Representative Construction Management I Public Works Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-SS42 I Cell 253-261-5685 pmcconnell@KentWA._gov CITY OF KENT,WASHINGTON KentWA.gov Facebook -Fvjitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL 1 FA Sheet No.: 6 DAILY REPORT OF �� FORCE ACCOUNT WORKED ��ENT Project Name: S 212th Street Erosion Repairs Project No: 16-3004 Item No.: Date: 1 2/2 812 0 1 6 i Description of Work: Installation of fence Work by Subcontractor?: Yes Prime Contractor: Maroni Construction Sub-Contractor: Commerical Fence Corporation LABOR STRAIGHT TIME OVERTIME DOLLAR NAME CODE OCCUPATION Hrs Hourly Rate Hrs OT Rate AMOUNT $ SUBTOTAL-LABOR: $ - LABOR OVERHEAD&PROFIT @ 29% $ LABOR TOTAL $ EQUIPMENT EQUIPMENT OR ATTACHMENTS OPERATED STANDBY DOLLAR Equipment# Equipment Description Hrs Hourly Rate Hrs Standby Rate AMOUNT SUBTOTAL-EQUIPMENT $ EQUIPMENT OVERHEAD&PROFIT @ 21% $ EQUIPMENT TOTAL $ - MATERIALSISERVICESIRENTALS MATERIALS!SERVICES Quantity Units Unit Price DOLLAR AMOUNT Commercial Fence Corporation 1 LS $ 5,676.00 $ 5,676.00 $ Is - SUBTOTAL A 5,676.00 OVERHEAD&PROFIT @ 21% TOTAL $ 5,676.00 Verification of Hours Worked: TOTAL: $ 5,676.00 - 12%MARKUP (for prime when subcontract work) $ 681.12 Contractors Representative Date SHEET TOTAL: $ 6,357.12 Owners Representative Date Comments FA Sheet No.: 6 (DAILY REPORT OF FORCE ACCOUNT WORKED _1: T Project Name: S 212th Street Erosion Repairs Project No: 16-30�04 Item No.: Date: 12/28/2016 Description of Work: Installation of fence Work by Subcontractor?: no Prime Contractor: Maroni Construction Sub-Contractor: tABC7R STRAIGHT TIME. OVERTIME DOLLAR NAME CODE OCCUPATION Hrs Hourly Rate Hrs OT Rate AMOUNT Chase Operator 8 66.12 $ 528.96 Pederson Truck Driver 4.5 59.04 $ 265.68 $ $ SUBTOTAL-LABOR: $ 794.64 LABOR OVERHEAD&PROFIT @ 29% $ 230A5 LABOR TOTAL $ 1,025.09 EQUIPMENT OR ATTACHMENTS OPERATED STANDBY DOLLAR Equipment# Equipment Description Hrs Hourly Rate Hrs Standby Rate AMOUNT Dodge 3500 2 26.25 6 5.33 $ 84.48 Mini-Excavator 4 23.04 2 6.00 $ 104.16 Kenworth 4.5 49.76 $ 223.92 s SUBTOTAL-EQUIPMENT $ 412.56 EQUIPMENT OVERHEAD&PROFIT @ 21% $ 86.64 EQUIPMENT TOTAL $ 499.20 MATERIALS/SERVICES Quantity Units Unit Price DOLLAR AMOUNT $ $ SUBTOTAL $ OVERHEAD&PROFIT CCU 21%a $ TOTAL $ - Verification of Hours Worked: TOTAL: $ 1,524.29 12%p MARKUP (for prime when subcontract work) $ - Contractor's Representative Date SHEET TOTAL: $ 1,524.29 Owner's Representative Date Comments FA Sheet No.: DAILY REPORT OF FORCE ACCOUNT WORKED -PENT Project Name: S 212th Street Erosion Repairs Project No: 16-3004 Item No.: Date: Various Description of Work: Teamster time to drive portal to portal due to work bein cancelled due to creek flow rates Work by Subcontractor.): NO Prime Contractor: Maroni Construction Sub-Contractor: LABOR STRAIGHT TIME OVERTIME DOLLAR NAME CODE OCCUPATION Hrs Hourly Rate Hrs OT Rate AMOUNT Teamster 7.5 60.84 $ 456.30 $ $ - SUBTOTAL-LABOR: $ 456.30 LABOR OVERHEAD&PROFIT Q 29% $ 132.33 LABOR TOTAL $ 588.63 EQUIPMENT EQUIPMENT OR ATTACHMENTS OPERATED STANDBY DOLLAR Equipment# Equipment Description Hrs Hourly Rate Hrs Standby Rate AMOUNT F450 Diesel Fbed w1 util box $ - RAM 3500 Diesel Fbed $ Kubota KX161-3 $ Kenworth Otruck T800 31 49.76 4.5 8.38 $ 186.99 Is - SUBTOTAL-EQUIPMENT $ 186.99 EQUIPMENT OVERHEAD&PROFIT @ 21% $ 39.27 EQUIPMENT TOTAL $ 226.26 MATERIALSISERVICESIRENTALS MATERIALS/SERVICES Quantity Units Unit Price DOLLAR AMOUNT is Is $ - SUBTOTAL $ OVERHEAD&PROFIT @ 21% $ - TOTAL $ Verification QtHours Worked: TOTAL: $ 814.89 J 12%MARKUP (for O prime when subcontract work) Contractors Representative Date SHEET TOTAL: $ 814.89 Owners Representative Date Comments McConnell, Phillip From: McConnell, Phillip Sent: Tuesday, October 18, 2016 7:26 AM To: maroniconstinc@aol.com' Cc: Connor, Eric; Kuehne, Paul; Shields, Brian; Lincoln, Stephen Subject: RE: 212th St Erosion Repairs -tree removal Ric, The City accepts your price of$400 each for the falling of the 2 hazardous, leaning trees. 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 omcconnell(a)KentWA.00v CITY OF KENT,WASHINGTON KentWA.gov Facebook ? .: YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: maroniconstinc@aol.com [mai Ito:maroniconstinc@)aol.coml Sent: Monday, October 17, 2016 2:46 PM To: Connor, Eric Cc: McConnell, Phillip Subject: Re: 212th St Erosion Repairs - tree removal good after noon, looks like we saved four fish today.Now that that is done we will move ahead with the crain work tomorrow and get started clearing and grubbing the work zone.The two trees are still up and need to come down.l Can take them down for 400.00 each let me know we will be working down there mid morning tomorrow. thanks ----Original Message----- From: Connor, Eric <EConnor@@.kentwa.gov> To: 'maroniconstinc@aol.com' <maroniconstinc(o)-aol.com> Cc: Shields, Brian <BShields(c-kentwa.gov>; McConnell, Phillip <PMcConnell(cDkentwa.gov>; Lincoln, Stephen <SLincoln(ZD,kentwa.gov>; Bieren, Chad <CBieren kentwa.gov>; Kuehne, Paul <PKuehneO)kentwa.aoy> Sent: Fri, Oct 14, 2016 3:58 pm Subject: 212th St Erosion Repairs- RE: Automatic reply: Programmable Changeable Message Boards Good Afternoon Ric, Thank you for getting the 2 PCMS boards set up today. Please work with Phil and Brian as work progresses on the documentation of your cost increases related to the stream bypass and fish exclusion. For the aggregates and trucking, submit your quote costs received at bid time and your current proposed pricing for our review. If the trees you are concerned about are still standing after this weekend's forecasted storm events, please provide a price for their removal so we can establish a safe work zone for your crew,City staff and our consultant. The overhead costs will be a little more difficult to quantify. When you are ready to present these costs we will schedule a time for review and discussion. Thank you Ric. We are looking forward to working this project with you and Maroni Construction. 1 Have a good weekend, Eric Connor Eric Connor, Construction Engineering Manager Construction Management I Public Works Department Phone 253-856-5533 1 Cell 253-797-0693 CITY OF KENT, WASHINGTON PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: maroniconstinc@aol.com [mailto:maroniconstinc@aol.com] Sent: Friday, October 14, 2016 11:49 AM To: McConnell, Phillip Cc: Connor, Eric Subject: Re: Automatic reply: Programmable Changeable Message Boards good after noon Phill, We have some inherent cost increases on the job at 212 south erosion repair do to the job start delay from the first of august to starting the job in the middle of October. Fish exclusion has increased as the scope has changed from no water in the channel to a heavy flow of water. water bypass now is a bigger issues for the same reason. Are supplier has raised there costs on the rock and trucking from august to October. We have over head costs on this job as well I will work on pricing these out and getting them over to you. As you discussed with tony on site today there is two trees leaning over the work zone that need to be fallen to prevent them from falling on the crew. the trees are out side are work zone but leaning over it. let me know if you will have some one fall the trees or you wont me to give you a price. the two PCMB boards will be up today. -----Original Message----- From: McConnell, Phillip <PMcConnell@kentwa.gov> To: maroniconstinc <maroniconstinc(c�r�,aol.com> Sent: Fri, Oct 14, 2016 11:15 am Subject: Automatic reply: Programmable Changeable Message Boards I will be out of the office starting Oct 14 and will return Oct 18th. I will respond to emails at that time. Or for immediate items forward to bshieldsnkentwa.gov 2