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HomeMy WebLinkAboutCAG2020-228 - Change Order - #2 - Terra Dynamics, Inc. - West Fenwick Park Renovation - 11/17/2020ApprovalOriginator: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 Bid P21030 Contract 10/20/2020 Terra Dynamics Inc. 4 4 Change Order 11/04/2020 4 492123 Parks, Recreation & Community ServicesLynn Osborn for Bryan Higgins 4 3227760.68 4 Earliest possible please. N/A 07/20/2020 TJ TJ 11/17/2020 CHANGE ORDER - 1 OF 3 CHANGE ORDER NO. 2 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: 1. Pave asphalt pathway, 2. Issue a CREDIT reflecting a decrease in soil disposal volume and related trucking costs associated with field grading changes, and 3. Provide and install sod for primary lawn area, as described in attached Exhibit A, incorporated herein. 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) $29,610.72 Current Contract Amount (incl. Previous Change Orders) $3,198,710.72 Current Change Order $26,409.05 Applicable WSST Tax on this Change Order $2,640.91 Revised Contract Sum $3,227,760.68 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 0 calendar days Revised Time for Completion (insert date) N/A 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: Brian J. Levenhagen Its Parks, Recreation & Community Services Deputy Director (title) DATE: Vern Orr (Nov 4, 2020 19:24 PST) Vern Orr Nov 4, 2020 Vern Orr Brian Levenhagen (Nov 17, 2020 14:03 PST) Nov 17, 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 CO2 Kim Komoto (Nov 17, 2020 14:19 PST) Kim Komoto WFP COP-005 Revise Field Grades VE 9/23/2020 Labor Rate/MH No.Hours Subtotal Foreman 64.26$ 1 16 1,028.16$ General Labor 52.03$ 2 16 1,664.96$ Operator 67.50$ 1 16 1,080.00$ -$ Foreman 64.26$ 1 -40 (2,570.40)$ General Labor 52.03$ 1 -40 (2,081.20)$ Operator 67.50$ 1 -40 (2,700.00)$ Labor (3,578.48)$ Sick Leave 0%-$ Fee 0%-$ Total (3,578.48)$ Equipment Rate/MH No.Hours Subtotal Equipment -$ Fee 0%-$ Total -$ Materials Qty Unit Cost/Unit Subtotal Soil disposal ($80.00 for 24 cy load)-2535.00 cy 3.33$ (8,441.55)$ CSBC 31.00 Ton 22.00$ 682.00$ Asphalt Disposal 20.00 Ton 18.00$ 360.00$ Concrete Dispoal 5.00 Ton 18.00$ 90.00$ Concrete footing for relocated exercise eq.1.00 CY 175.00$ 175.00$ Materials (7,134.55)$ Fee 0%-$ Total (7,134.55)$ Subcontractors Qty Unit Cost/Unit Subtotal caliber concrete 150 sf 9.71$ 1,456.50$ NW Asphalt 1 LS 4,965.00$ 4,965.00$ Truck rental -105 HR 175.00$ (18,375.00)$ Subcontractors (11,953.50)$ Fee 0%-$ Total (11,953.50)$ GRAND TOTAL (22,666.53)$ Vern Orr Vern Orr Project Manager PO Box 2260 | Renton, WA 98056 p: 425.254.1820 | f: 425.254.1821 www.nwasphalt.com ASI 05 Quoted to:Quote Date: Attn:Estimator: Address:Phone: Email: Phone: Email:Project: Location: QTY.UNITS $/UNIT AMOUNT 1 LS LS 4,965.00$ 1,090 SF TOTAL 4,965.00$ Yes _____No _____ Yes _____No _____ Yes _____No _____ Accepted by:Date: Printed, Title: avarhley@nwasphalt.com 3808 Reith Road DESCRIPTION Asphalt Pave - Pathway West Fenwick Park Pave up to 3" with 1/2" HMA over contractors prepared base Terra Dynamic Vern Orr 9/23/2020 Kent, WA. 98032 Andrew Varhley (425) 223-0084 Do you require retention withheld?Retention % _____________ Are you exempt from sales tax? Contractor Lic. # ____________________ vern@terradynamics.com • Prices specifically exclude traffic control, permitting and testing. SALES TAX WILL APPLY UNLESS CURRENT RESELLER PERMIT IS ON FILE Are you a contractor? Resale Permit # ____________________ TERMS & EXCLUSIONS ARE LISTED ON LAST PAGE. ACCEPTANCE OF THIS QUOTATION ACCEPTS THESE TERMS & EXCLUSIONS. • Prices for above stated items only. • Prices are based on the current cost of liquid asphalt and are subject to change. Please note: *to be completed with contractial pave scope For questions regarding this quote contact Northwest Asphalt, Inc PO Box 2260 | Renton, WA 98056 p: 425.254.1820 | f: 425.254.1821 www.nwasphalt.com ASI 05 GENERAL TERMS • • • • • • • PAYMENT TERMS • • EXCLUSIONS • o Accepted by: Printed, Title: Date: YOUR SIGNATURE ON ONE COPY RETURNED TO US WILL MAKE THIS A LEGAL CONTRACT FOR THE PERFORMANCE OF THE ABOVE WORK. WE RESERVE THE RIGHT TO CANCEL IF UNIT PRICES INCREASE BEFORE NORTHWEST ASPHALT, INC. COMMENCES ACTUAL WORK ON THE PROJECT. PLEASE NOTE THE FOLLOWING TERMS AND EXCLUSIONS WHICH APPLY TO ALL QUOTATIONS/CONTRACTS UNLESS OTHERWISE INDICATED Payment in full due within 30 days of invoice date. Only work specifically included in the quotation/contract will be performed. Additional work can be performed at an additional price. If payments for amounts due on this contract or any portion thereof are not paid in accordance with the terms of the contract, the contracting party agrees to pay all costs of collection which shall include reasonable fees if the matter is placed in the hands of an attorney for collection, or if suit shall be brought. (SIGNATURE REQUIRED) Soil sterilization (weed killer), if included in the quotation/contract, will be applied at rates specified by manufacturer. Northwest Asphalt, Inc. is not responsible for any subsequent regrowth. All asphalt paving estimates are priced for placement upon a subgrade that is firm, unyielding and balanced within +/- 0.10 of subgrade elevation. Subgrades that are frozen, saturated or yielding are not acceptable for asphalt paving and will require a grade release. Total price to be based on actual quantity or measurement unless indicated as lump sum (LS). Weekend work, night work, traffic control, flagging, job layout, utility adjustments, surveying, Washington state sales/use tax, permits & testing fees, multiple move-ins, irrigation (sprinkler) shut-off, underground utility locate, drainage less than 1%, survey and lay-out. No work can be started until signed quotation/contract is received. Prices are for stated items only, and exclude any items not specifically included such as but not limited to the following: A finance charge of 1.5% per month (annual percentage rate of 18.0%) will be imposed on any past due portion of your account. Quotations must be signed and returned within 30 days. All quotations older than 30 days are null and void. For questions regarding this quote contact Northwest Asphalt, Inc Awn,11104 cameRwrin PATTERNED CONCRETE CONSTRUCT/ON INC, OF SEA TTLE Date Due : June 1, 2020 1:00 PM CONFIDENTIAL Prospective Project Contractor INFORMATION FOR INTENDED RECIPIENT ONLY - DO NOT DISCLOSE Aft. Estimator or Bid Coordinator Proposal # 1 Re. West Fenwick Park Renovation Authored by Todd Loc. Kent, WA Approved by Matt ITEM # BID ITEM & DESCRIPTION QUANTITY UNIT PRICE AMOUNT 4/C302 Cement Concrete Sidewalk (4" Thick)/ With #4 Rebar 12" OC EW & Saw Cut Joints SF $9.71 11 15 Project Total: SECTION 1.0 - NOTES The pricing contained herein is dependant on all work items listed being performed by Caliber Concrete Construction Inc. Any addition/deletion of work items or quantities could result in amended pricing. All above quantities are approximated based on information given at time of bid. All final payments will be based on field measurements. Due to current backlog Caliber Concrete Construction Inc. cannot guarantee meeting the exact schedule. The insurance coverage included in this proposal is the Master Pak Endorsement "CG 84 12 03". Any additional endorsements will be provided at $1,000.00 per project. SECTION 1.1 - EXCLUDED Night work, sub grade, layout, embeds, joint seal & sealant, sand blasting, traffic control, flagging, barricades, scaffolding, fall protection, extruded curbing, pipe bollards, job water, bonds costs; permits, material testing, pretreat, design fees, inspection fees, engineering, exterior site, retaining, or masonry walls or footings, precast concrete, hardeners and sealers, water proofing, shade sand, demolition and removal of any existing (including asphalt), utility adjustments, assessed penalty clauses. SECTION 1.2 - EXPIRATION Caliber Concrete Construction Inc. reserves the right to withdraw this proposal if not accepted in writing via signed letter of internet or proposal within 30 days of bid due date. Acceptance of the prices contained herein constitutes agreement of all the terms and conditions in the'above sections. Caliber Concrete Authorized Sianature Acceptance of Proposal The above prices, specifications, and conditions are satisfactory and are hereby accepted. Caliber Concrete is authorized to do the work as specified. Payment will be made as outlined above. Acceptance: P.O. Box 1881 • Milton, WA. 98354 •Office (253)927-0707 • Fax (253)927-0706 • CALIBCC115CA WFP COP-006 Sod at Field 10/6/2020 Labor Rate/MH No.Hours Subtotal Foreman 64.26$ 1 4 257.04$ Labor 257.04$ Sick Leave 2%5.14$ Fee 29%74.54$ Total 331.58$ Equipment Rate/MH No.Hours Subtotal -$ 1 0 -$ Equipment -$ Fee 21%-$ Total -$ Materials Qty Unit Cost/Unit Subtotal Sod 60000.00 SF 0.50$ 30,000.00$ Hydroseed -60000.00 SF 0.06$ (3,600.00)$ Materials 26,400.00$ Fee 21%5,544.00$ Total 31,944.00$ Subcontractors Qty Unit Cost/Unit Subtotal Desert Green sod install 60000 sf 0.25$ 15,000.00$ -$ Subcontractors 15,000.00$ Fee 12%1,800.00$ Total 16,800.00$ GRAND TOTAL 49,075.58$ Vern Orr Vern Orr Project Manager Estimate Date 10/7/2020 Estimate # 66 Name / Address Terra Dynamics PO Box 2479 Auburn, WA 98071 13305 Rd 2 S.E. Moses Lake, WA 98837 Project We look forward to working with you! Total Subtotal Sales Tax (7.9%) Phone #509-350-0707 Description Qty Rate Total West Fenwick Park 3808 S Reith Rd Kent, WA 98032 60,000 sq ft big rolls delivered 60,000 0.50 30,000.00 Install 60,000 sq ft 60,000 0.25 15,000.00 $45,000.00 $45,000.00 $0.00 Signature: Email: Signature: Email: Terry Jungman (Oct 26, 2020 09:04 PDT) Terry Jungman tjungman@kentwa.gov rlashley@kentwa.gov ELECTRONIC TRANSMITTAL: CO 2 for West Fenwick Pk Renovation Final Audit Report 2020-11-17 Created:2020-10-23 By:Lynn Osborn (losborn@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAv0Awb1xWxEiT3L2ecOdiO8PPnAv_lZ6V "ELECTRONIC TRANSMITTAL: CO 2 for West Fenwick Pk Re novation" History Document created by Lynn Osborn (losborn@kentwa.gov) 2020-10-23 - 4:51:39 PM GMT- IP address: 146.129.252.126 Document emailed to Terry Jungman (tjungman@kentwa.gov) for signature 2020-10-23 - 4:55:49 PM GMT Email viewed by Terry Jungman (tjungman@kentwa.gov) 2020-10-26 - 4:03:17 PM GMT- IP address: 146.129.252.126 Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date: 2020-10-26 - 4:04:42 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Vern Orr (vern@terradynamics.com) for signature 2020-10-26 - 4:04:43 PM GMT Email viewed by Vern Orr (vern@terradynamics.com) 2020-10-26 - 4:53:57 PM GMT- IP address: 174.246.51.30 Document signing delegated to Jon Kirk (jkirk@terradynamics.com) by vern@terradynamics.com 2020-10-29 - 1:11:27 PM GMT- IP address: 174.21.161.141 Document emailed to Jon Kirk (jkirk@terradynamics.com) for signature 2020-10-29 - 1:11:27 PM GMT Email viewed by Jon Kirk (jkirk@terradynamics.com) 2020-10-29 - 1:15:25 PM GMT- IP address: 24.17.14.135 Document e-signed by Vern Orr (vern@terradynamics.com) Signature Date: 2020-11-05 - 3:24:27 AM GMT - Time Source: server- IP address: 174.21.161.141 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2020-11-05 - 3:24:32 AM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2020-11-05 - 4:29:51 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2020-11-05 - 4:31:21 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2020-11-05 - 4:31:23 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2020-11-12 - 8:21:39 PM GMT- IP address: 146.129.252.126 Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2020-11-17 - 10:02:37 PM GMT- IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2020-11-17 - 10:03:14 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Kim Komoto (cityclerk@kentwa.gov) for signature 2020-11-17 - 10:03:16 PM GMT Email viewed by Kim Komoto (cityclerk@kentwa.gov) 2020-11-17 - 10:18:43 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (cityclerk@kentwa.gov) Signature Date: 2020-11-17 - 10:19:15 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2020-11-17 - 10:19:15 PM GMT