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Home My WebLink AboutCAG2019-220 - Change Order - #1 - Scarsella Bros, Inc - 228th St UPRR Grade Separation Bridge & Roadway - 12/23/2019 Agreement Routing Form • For Approvals,Signatures and Records Management This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. KEN T WASHINGTON (Print on pink or cherry colored paper) Originator: Department: S. Anderson PW Engineering Date Sent: Date Required: > 2/24/20 N/A O 16. C. Authorized to Sign: Date of Council Approval: a' 0 Director or Designee ❑Mayor N/A Q Budget Account Number: Grant? 0 Yes ❑No Budget? ElYes ❑No Type: Federal,State,Local Vendor Name: Category: Scarsella Bros, Inc. Contract Vendor Number: Sub-Category: 34547 Change Order O Project Name: S.228th St. Union Pacific Railroad Grade Separation Bridge and Roadway E Phase 5 \O Makes revisions to contract documents Special Provision Section 1-0711-Insert attached document titled'1-07.11 Requirements for Non-discrimation'. Project Details: C Special Provision Section 1-07.1-Insert the attached document Idled 1-08.1 Subcontracting E Agreement Amount: $4,680 Basis for Selection of Contractor: Bid 3 Start Date: N/A Termination Date: N/A Q Local Business? ❑Yes 0 No* *Ifineets requirements per KCC3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Notice required prior to disclosure? Contract Number: oft& 'd ❑Yes 0No CA 2,6I - 27-0 Date Received by City Attorney: Comments: C VA •> i �1 3 R C p$ Date Routed to the Mayor's Office: in Date Routed to the City Clerk's Office: ,dc(W22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements • KENT WASHINGTON CHANGE ORDER NO. # 1 NAME OF CONTRACTOR: Scarsella Bros, Inc. ("Contractor") CONTRACT NAME & PROJECT NUMBER:S. 228th St. Union Pacific Railroad Grade Separation Bridge and Roadway Phase 5 ORIGINAL CONTRACT DATE: April 19, 2019 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: This change makes the following revision to the contract documents: Special Provision Section 1-07.11- Insert attached document titled '1- 07.11 Requirements for Non-discrimation'. Special Provision Section 1-07.1 - Insert the attached document titled `1-08.1 Subcontracting'. 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, $13,802,146.40 (including applicable alternates and WSST) Net Change by Previous Change Orders $0.00 (incl. applicable WSST) Current Contract Amount $13,802,146.40 (incl. Previous Change Orders) Current Change Order $4,680.00 Applicable WSST Tax on this Change $0.00 Order Revised Contract Sum $13,806,826.40 CHANGE ORDER - 1 OF 3 Original Time for Completion 240 working days (insert date) Revised Time for Completion under 240 working days prior Change Orders (insert date) Days Required (f) for this Change Order calendar days Revised Time for Completion 240 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: CITY OF KENT: By: By: L.�. _ (signature) G �p £�sP MAJ (signature) Print Name: 17111XW,6&1 J-6o' &ZA PP�''int Name: Timothy J. LaPorte, P.E. Its �icoJ-CGi� iyl/,I M""l /t tt;r"" Public Works Director (title) (title) DATE: /V-1y,— 9 DATE: s fi? CHANGE ORDER - 2 OF 3 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) I Kent City Clerk Kent Law Department [In this field,you may enter the electronic filepath where the contract has been saved] CHANGE ORDER - 3 OF 3 KENT FILE NO: 200.2 CHANGE ORDER WORKSHEET NO. 001 Construction Management Division - Public Works Project S. 2281h St Union Pacific Railroad Project No.: 07-3022 Grade Separation Phase 5 Project Engineer: Cameron Bloomer, PE Fed-Aid No.: HLP-1216 (006) Owners Rep: KBA, Inc Contractor: Scarsella Bros. Inc. Date: 11/21/2019 I. PROPOSED CHANGE This Change makes the following revisions to the Contract Documents: Special Provision Section 1-07.11 - Insert the attached document titled '1-07.11 Requirements for Nondiscrimination'. Special Provision Section 1-08.1 - Insert the attached document titled '1-08.1 Subcontracting'. II. REASON AND BACKGROUND FOR CHANGE Funding for this project is partially provided by Connecting Washington, which calls for certain non-discrimination and reporting requirements not included in the WSDOT Standard Specifications. The APWA GSPs noting these requirements were not included in the original contract package, and are subsequently being added via this change order. III. METHOD OF PAYMENT NEW PAY ITEM(S) ❑ Not Applicable Change Order No. - FOR ACCOUNTING USE ONLY Sch. No. Item Description Total Est. Qty this Unit Unit Price Total Estimated Cost of Qty PE Item i CO 01 - CNWA 1 ........ .....................$4,680.00........ _......................... $4,680.00 Nondiscrimination Reporting Requirements ... ................. ...... .............---_............................ ... _.......... ......................_........................... ....................................... .........................................................................................._................ ❑ Independent Estimate Attached ❑ ; CREATE PAY ITEM ONLY— Payment to be made ❑ PAY THIS PAY ESTIMATE REQUIRED _ at a later date upon completion of work .........................._..._..... ❑ Material Submittals Required — CC: Construction Coordinator 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 Unit Price Cost of Item ................... 1 REV. DATE: 3/15/19 KENT FILE NO: 200.2 . _w a= o . .............__.._................................................................................. Independent Estimate Attached - REQUIRED �o 0 INCREASE/DECREASE TO EXISTING PAY ITEM(S) ® Not Applicable Change Order No. - FOR ACCOUNTING USE ONLY Sch. No. B.I. No. Item Description Qty Unit Unit Price Cost of Item _........._..................__...._................._..._._....................................................................._............._........................... y.....................................................e..................._......_.._. _.._................... __....._v....._..__.—_.—.._......................................................_.... ..............................................................._....................................._....................................................................................................................................................... .. ,.......................--- .........._............................................._................................_._.._...._.. ............................................................................. .... i Independent Estimate Attached -REQUIRED TOTAL ESTIMATED COST OF CHANGE ORDER * $4,680 *Total of the Cost of Item Columns THIS PAY ESTIMATE 0 IV. WORKING DAYS Original Contract 240 Due This Change Order* 0 Previous Total 240 ._..._....... ........ ......... ....... ......... ........ .. ...._....._................................_......................._....._............................................... ... DATE: DATE: .............�._........ ......... ........ ....... ...... ...I.._....;.... .......__ ..._. ................................................................................................. * Explanation/Justification Required. This Change Order is administrative in nature and has no effect on the project's critical ath. No days are being added or deleted with this change order. TOTAL WORKING DAYS* 240 *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: Canneron Bloomer ,Date: 11/21/19 Construction Supervisor: V:rA ALAC pate: 11� r Construction Manager: Date: 2 REV. DATE: 3/15/19 October 23.2019 City of Kent 220 Fourth Avenue South Kent,WA 98032 Attn: Cameron Bloomer Field Engineer KBA, Inc. RE: 07-3022 228th St. UPRR Phase 5 Voluntary Goals and DMCS Reporting SCARSELLA BROS. IS PLEASED TO SUBMIT THE FOLLOWING CHANGE ORDER PROPOSAL FOR THIS PROJECT: ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE BID AMOUNT Administrative Labor Cost LS 1 S 4,680.00 S 4.680.00 MSVWBE Inclusion Plan HR 4 $ 45.00 MSVWBE Monthly Reporting HR 96 $ 45.00 MSVWBE Reporting HR 4 $ 45.00 TOTAL $ 4,680.00 NOTES: 1. Assume 1/2 day for MSVWBE Inclusion Plan. 2. Assume 1 day per month for MSVWBE Monthly Reporting. 3. Assume 1/2 day for MSVWBE Reporting. Sincerely, Matthew Scarsella Project Manager 1-07.11 Requirements for Nondiscrimination (July 18, 2016 APWA GSP, Option C) Supplement this section with the following: Voluntary Minority, Small, Veteran and Women's Business Enterprise (MSVWBE) Participation General Statement Voluntary goals for minority, small, veteran and women business enterprises are included in this Contract. The Contractor is encouraged to utilize MSVWBEs in accordance with these Specifications, RCW 39.19 and Executive Order 13-01 (issued by the Governor of Washington on May 10, 2013). No preference will be included in the evaluation of the Contractor's Proposal or Bid; no minimum level of MSVWBE participation is required as a condition of award or completion of the Contract; and a Proposal or Bid will not be rejected or considered non-responsive on that basis. The goals are voluntary and outreach efforts to provide MSVWBEs maximum practicable opportunities are encouraged. Non-Discrimination Contractors shall not create barriers to open and fair opportunities for all businesses, including MSVWBEs, to participate in the Work on this Contract. This includes the opportunity to compete for subcontracts as sources of supplies, equipment, construction or services. The Contractor shall make Voluntary MSVWBE Participation a part of all subcontracts and agreements entered into as a result of this Contract. Voluntary MSVWBE Participation Goals Goals for voluntary MSVWBE participation have been established as a percentage of Contractor's total Bid amount. The Contracting Agency has established the following voluntary goals: Minority 10% Small 5% Veteran 5% Women 6% Amounts paid to an MSVWBE will be credited to every voluntary goal in which they are eligible. In other words participation may be credited for participation in more than one category. If the Contractor is a MSVWBE their Work will be credited to the voluntary goals in which they are eligible. Definitions Minority Business Enterprise (MBE) — A minority owned business meeting the requirements of RCW 39.19 and WAC 326-20 and certified by the Washington State Office of Minority & Women's Business Enterprises. Small Business — A business meeting the Washington State requirements for a "Small business", "Mini business" or "Microbusiness as defined in RCW 39.26.010 and included on the WSDOT Office of Equal Opportunity list of Small Businesses at http://www.wsdot.wa.gov/equalopportunity/bddirectory.htm Veteran Business —A veteran owned business meeting the requirements of RCW 43.60A.010 and included on the WSDOT Office of Equal Opportunity list of Veteran Businesses at http://www.wsdot.wa.gov/equalopportunity/bddirectory.htm Women Business Enterprise (WBE) —A women owned business meeting the requirements of RCW 39.19 and WAC 326-20 and certified by the Washington State Office of Minority &Women's Business Enterprises. MSVWBE Inclusion Plan A MSVWBE Inclusion Plan shall be submitted to the Engineer prior to the start of Work on the project. The plan is submitted for the Contracting Agency's information. Approval of the plan is not required; an incomplete plan will be returned for correction and resubmittal. The plan shall include the information identified in the guidelines at http://www.wsdot.wa.gov/EqualOpportunity/MSVWBE.htm. MSVWBE Reporting An end of project Report of Amounts Paid to MSVWBEs shall be submitted to the Engineer after Physical Completion of the Contract. The end of project report is due 20 calendar days after the physical completion of the project has been issued. The end of project report shall include payments to all eligible businesses regardless of their listing on the MSVWBE Inclusion Plan. If the Contractor is a MSVWBE the amounts paid by the Contracting Agency for Work performed by the Contractor shall also be reported. MSVWBE Payment All costs for implementation of the requirements for Voluntary MSVWBE Participation shall be included in the associated items of Contract Work. 1-08.1 Subcontracting (May 30, 2019 APWA GSP, Option A) Prior to any subcontractor or lower tier subcontractor beginning work, the Contractor shall submit to the Engineer a certification (WSDOT Form 420-004) that a written agreement between the Contractor and the subcontractor or between the subcontractor and any lower tier subcontractor has been executed. This certification shall also guarantee that these subcontract agreements include all the documents required by the Special Provision Federal Agency Inspection. A Subcontractor or lower tier Subcontractor will not be permitted to perform any work under the contract until the following documents have been completed and submitted to the Engineer: 1. Request to Sublet Work (WSDOT Form 421-012), and 2. Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal-aid Projects (WSDOT Form 420-004). The ninth paragraph, beginning with "On all projects, ..." is revised to read: The Contractor shall certify to the actual amount received from the Contracting Agency and amounts paid to all firms that were used as Subcontractors, lower tier subcontractors, manufacturers, regular dealers, or service providers on the Contract. This includes all Disadvantaged, Minority, Small, Veteran or Women's Business Enterprise firms. This Certification shall be submitted to the Engineer on a monthly basis each month between Execution of the Contract and Physical Completion of the Contract using the application available at: https://wsdot.diversitycompliance.com. A monthly report shall be submitted for every month between Execution of the Contract and Physical Completion regardless of whether payments were made or work occurred. EE Sheet No.: 1 ENGINEER'S ESTIMATE Project Name: S. 228th Phase V Project No: 19-3022C Item No.: Change Order Date: 10/29/2019 Description of Work: Add DBE administration requirements to contract specifications Work by Subcontractor?: NO Prime Contractor: Sub-Contractor: LABOR STRAIGHT TIME OVERTIME DOLLAR NAME CODE OCCUPATION Hrs Hourly Rate Hrs OT Rate AMOUNT Office Admin(say 6-8 hrs/mo; 12 mo) 80 50 $ 4,000.00 S - SUBTOTAL-LABOR: $ 4,000.00 LABOR OVERHEAD&PROFIT @ 29% $ 1,160.00 LABOR TOTAL $ 5,160.00 EQUIPMENT EQUIPMENT OR ATTACHMENTS OPERATED STANDBY DOLLAR Equipment# Equipment Description Hrs I Hourly Rate Hrs Standby Rate AMOUNT $ SUBTOTAL-EQUIPMENT $ EQUIPMENT OVERHEAD&PROFIT @ 21% $ EQUIPMENT TOTAL $ _" MATERIALS/SERVICES/RENTALS MATERIALS/SERVICES Quantity Units Unit Price DOLLAR AMOUNT Misc Supplies 1 LS $ 50.00 S 50.00 S - S - $ SUBTOTAL $ 50.00 OVERHEAD&PROFIT @ 21% $ 10.50 TOTAL $ 60.50 TOTAL: $ 5,220.50 12%MARKUP (for prime when subcontract work) $ - �✓� ct SHEET TOTAL: $ 5,220.50 Owner's Representative Date Pay A�t, ate Entered: Date: By: