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HomeMy WebLinkAboutCAG2020-001 - Change Order - #11 - Mike McClung Construction - Riverbend Driving Range Improvements Phase 1 - 04/22/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 CHANGE ORDER - 1 OF 3 CHANGE ORDER NO. 11 NAME OF CONTRACTOR: Mike McClung Construction Company (“Contractor”) CONTRACT NAME & PROJECT NUMBER:Riverbend Driving Range Improvements Phase I, PK20-02 ORIGINAL CONTRACT DATE: 01/02/2020 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 1 of the Agreement is hereby modified to revise existing work as follows: While the work itself remains originally as provided for in the Agreement, the time for performance is revised to add 45 calendar days to the project's duration. Of these 45 calendar days, 38 calendar days were added due to delays caused by the need to put in place appropriate public health safety measures in response to the Covid-19 pandemic orders of proclamation issued by the Washington State Governor, and 7 calendar days were added due to delays caused by inclement weather. 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, (including applicable alternates and WSST) $1,417,130.00 Net Change by Previous Change Orders (incl. applicable WSST) $104,758.55 Current Contract Amount (incl. Previous Change Orders) $1,521.888.55 Current Change Order $0.00 Applicable WSST Tax on this Change Order $N/A Revised Contract Sum $N/A CHANGE ORDER - 2 OF 3 Original Time for Completion (insert date) 04/05/2020 Revised Time for Completion under prior Change Orders (insert date) 05/02/2020 Days Required (±) for this Change Order 45 calendar days Revised Time for Completion (insert date) 6/16/2020 The Contractor accepts all requirements of this Change Order by signing below. Also, by its signature below, Contractor waives 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, increased costs, 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: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Its (title) DATE: CHANGE ORDER - 3 OF 3 ATTEST: ___________________________ Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department P:\Planning\Riverbend\Driving Range Improvements PK20-02\2Construction Phase\McClung-CO11