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HomeMy WebLinkAboutCAG2020-228 - Change Order - #3 - Terra Dynamics, Inc. - West Fenwick Park Renovation - 11/05/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes 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? Yes No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes 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 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 200804 N/A FOR CITY OF KENT OFFICIAL USE ONLY N/A Other P21030 Contract 10/30/2020 Terra Dynamics Inc. 4 4 Change Order 01/31/2021 4 492123 Parks, Recreation & Community ServicesLynn Osborn for 4 3227760.68 4 Earliest possible please. N/A 7/20/2020 11/6/20 CHANGE ORDER - 1 OF 3 CHANGE ORDER NO. 3 NAME OF CONTRACTOR: Terra Dynamics Inc. (“Contractor”) CONTRACT NAME & PROJECT NUMBER: West Fenwick Park Renovation, PK20-03 ORIGINAL CONTRACT DATE: 07/20/2020 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 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: Extend the contract expiration date, thereby extending the expected Date of Substantial Completion. 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) $3,169,100.00 Net Change by Previous Change Orders (incl. applicable WSST) $58,660.68 Current Contract Amount (incl. Previous Change Orders) $3,227,760.68 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) 11/04/2020 Revised Time for Completion under prior Change Orders (insert date) N/A Days Required (±) for this Change Order 90 calendar days Revised Time for Completion (insert date) 01/31/2021 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: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Terry Jungman Its Parks Planning & Development Mgr. (title) DATE: Vern Orr (Nov 4, 2020 19:23 PST) Vern Orr Nov 4, 2020 Vern Orr Terry Jungman (Nov 5, 2020 14:06 PST) Terry Jungman Nov 5, 2020 CHANGE ORDER - 3 OF 3 ATTEST: ___________________________ Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department P:\Planning\West Fenwick Park\West Fenwick Park Renovation Phase 2 PK20-03\2Construction Phase\Terra Dynamics\Terra Dynamics CO3 Kim Komoto (Nov 6, 2020 09:33 PST) Kim Komoto E-TRANSMITTAL: Change Order 3 for West Fenwick Park Renovation Final Audit Report 2020-11-06 Created:2020-10-31 By:Lynn Osborn (losborn@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAUcLgDMessz8SZAnLN5ySixiYXz0SLBDf "E-TRANSMITTAL: Change Order 3 for West Fenwick Park Re novation" History Document created by Lynn Osborn (losborn@kentwa.gov) 2020-10-31 - 0:03:51 AM GMT- IP address: 146.129.252.126 Document emailed to Vern Orr (vern@terradynamics.com) for signature 2020-10-31 - 0:06:21 AM GMT Email viewed by Vern Orr (vern@terradynamics.com) 2020-10-31 - 4:14:28 AM GMT- IP address: 174.21.161.141 Document e-signed by Vern Orr (vern@terradynamics.com) Signature Date: 2020-11-05 - 3:23:08 AM GMT - Time Source: server- IP address: 174.21.161.141 Document emailed to Terry Jungman (tjungman@kentwa.gov) for signature 2020-11-05 - 3:23:11 AM GMT Email viewed by Terry Jungman (tjungman@kentwa.gov) 2020-11-05 - 6:23:11 PM GMT- IP address: 73.118.200.115 Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date: 2020-11-05 - 10:06:22 PM GMT - Time Source: server- IP address: 73.118.200.115 Document emailed to Kim Komoto (cityclerk@kentwa.gov) for signature 2020-11-05 - 10:06:24 PM GMT Email viewed by Kim Komoto (cityclerk@kentwa.gov) 2020-11-06 - 5:32:42 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (cityclerk@kentwa.gov) Signature Date: 2020-11-06 - 5:33:38 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2020-11-06 - 5:33:38 PM GMT