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HomeMy WebLinkAboutPK18-454 - Amendment - #1 - Modern Building Systems, Inc. - Site Preparation, Purchase & Install of Modular Building at PW Shops - 09/19/2019 ,000'** Agreement Routing Form KENT For Approvals,Signatures and Records Management Director initials This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Manager initial Originator: Nancy Clary Department: Pa rks Date Sent: 09/19/2019 Date Required: Soonest possible please �a > Authorized Director Date of 0 11/06/2018 A. to Sign: ❑ Council aMayor Approval. Budget D20095.66400.330 Grant? 11 Yes ✓❑ No Account Number: Type: N/A Vendor Modern Building Systems, Inc. Category: Contract Name: Vendor 1971782 o Number: Sub-Category Change Order M Namect Purchase & Install Modular Building at PW Shops Location 0 CProject f Change Order#1 for additional work related to change in positioning of the building,as well as extra work from PSE moving ++ Details: the trench into the transformer,addition of asphalt paving at landscaped areas,add disconnect in building per L&I. d Agreement Basis for a Amount. $12,090.10 Selection of Bid Contractor: a Start Date: 11/30/2018 Termination Date: 08/15/2019 Notice required prior to disclosure? Yes No Contract Number: 1°K Date Received by City Attorney: Comments: at c 3 0 N d L Date Routed to the Mayor's Office: N a Date Routed to the City Clerk's Office: a cc Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 • KENT WASHINGTDN CHANGE ORDER NO. # 1 NAME OF CONTRACTOR: Modern Building Systems, Inc. ("Contractor") CONTRACT NAME & PROJECT NUMBER: Purchase & Install Modular Building at PW Shops Facility ORIGINAL CONTRACT DATE: November 30, 2018 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: Extra work performed from building being rotated and PSE moving trench into transformer. Change Order includes trenching, asphalt, conduit and wire, mounting electrical meter on bracket required by PSE, asphalt paving at landscaped areas, added disconnect in building per L&I, in accordance with contractor's Change Order #1, dated 07/26/19 which is attached and incorporated as Exhibit A. This Change Order also moves the completion date out to 8/15/2019 due to the extra work involved. 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, $300,328.60 (including applicable alternates and WSST) Net Change by Previous Change Orders $0 (incl. applicable WSST) Current Contract Amount $300,328.60 (incl. Previous Change Orders) Current Change Order $10,991.00 Applicable WSST Tax on this Change $1,099.10 Order Revised Contract Sum $312,418.70 CHANGE ORDER - 1 OF 3 Original Time for Completion 03/01/2019 (insert date) Revised Time for Completion under prior Change Orders (insert date) Days Required (t) for this Change 168 calendar days Order Revised Time for Completion 8/15/2019 (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: CITY OF KENT: By: By: signatun `� �+ (si nat Print N e: *C) Pri Na e:�..11 f ��Qp I Its VP. � Its r (title) (title) DATE: 2I2, Of�j DATE: CC,IA3-2-01 CHANGE ORDER - 2 OF 3 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) - L'.- ' W, ) Kent City Clerk Kent Law Department [In this field,you may enter the electronic Fllepath where the contract has been saved] CHANGE ORDER - 3 OF 3 EXHIBIT A Change Order ,r Change Order Number 1 � � 0,'ERN Date 7/26/2019 `S U I LD i NG SYSTE M' MBS Job Number 2019.01 PH 503.749.4949 x227• FAX 503.749.4950 Job Name City of Kent TO: City of Kent 220 4th Ave South Kent, WA 98032 We hereby agree to make the change (s) specified below: Extra work from building being rotated and from PSE moving $ 5,200.00 the trench into the transformer. Includes trenching, asphalt, conduit, and wire. Add mounting electrical meter on bracket required by PSE $ 1,730.00 Add asphalt paving at landscaped areas. $ 3,076.00 Add disconnect in building per L&I $ 985.00 Subtotal $ 10,991.00 Sales Tax 10% $ 1,099.10 Plus Additional Cost of Bond (if Applicable) $ - Total Change Order $ 12,090.10 Note: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price $ 12,090.10 Total of Change Order#1 $ 12,090.10 Date of Change Order 7/26/2019 MBS Authorized Signature ACCEPTED-The above prices and specifications of this Change Order are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specific in original contract unless otherwise stipulated. Date of Acceptance Owner Signature