HomeMy WebLinkAboutCAG2020-329 - Change Order - #2 - Axum General Construction, Inc. - Meet Me on Meeker Sidewalk Improvements - 02/01/2021KENT
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)WASHIN6TON
Originator:
S. Anderson
Department:
PW Engineering
Date Sent:
3flt21
Date Required:
N/A
Authorized to Sign:
EI Director or Designee E MaYor
Date of Council ApProval:
N/A
Budget Account Number:
R20091.641 1 0.1 20
Budget? EIYes E No
Grant? E Yes EI No
Trne N/Ai /Yr.
c
.g{J
TE
ELorhc
Vendor Name:
Axum General Construction, lnc.
Category:
Contract
Vendor Number:
1 587663
Sub-Category:
Change Order #2
project Name: Meet Me on Meeker (Russell -GRE) Sidewalk lmprovements
project Detaits:Delete contract Special Provision requirements in Section 1-07'9(3) entitled
Apprentices due to WSDOT setting zero training goal hours for this project.
Agreement Amount: $0.00
Start Date: OCtOber 20,2020
Basis for Selection of Contractor: $id
Termination Date: 75 Working DaYs
Local Business? EYes E No*
"lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase-Local Exceptions' form on Cityspace'
Notice required prior to disclosure?
EYes El No
Contract Number:
cAG2020-329
Comments:Date Received by CitY AttorneY:
Date Routed to the MaYor's Offce
Date Routed to the City Clerk's Office:
adrV//2171-1,20 Visit Documents.KentWA.gov to obtain copies of all agreements
tjr"
KENT
WASHINGTON
CHANGE ORDER NO. #2
NAME OF CONTRACTOR: Axum General Construction, Inc. ("Contractor")
CONTMCT NAME & PROJECT NUMBER: MCCt MC ON MCCKCT S|dCWAIK IMO. (RUSSCII tO GRE)
ORIGINAL CONTRACT DATE: OCIObCT 20, 2O2O
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:
Delete contract Special Provision requirements in Section 1-07.9(3)
entitled Apprentices due to WSDOT setting zero training goal hours for
this project.
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
wssr)
and
$t,428,431.77
Net Change by Previous Change Orders
(incl. applicable WSST)
$0.00
Current Contract Amount
(inct. Previous Change Orders)
$1,428,431.77
Current Change Order $0.00
Applicable WSST Tax on this C hange
Order
$o.oo
Revised Contract Sum $1,428,431.77
CHANGE ORDER - 1 OF 3
Original Time for ComPletion
(insert date)
75 working days
Revised Time for ComPletion u nder
prior Change Orders
(insert date)
0
Days Required (+) for this Change Order 0 calendar days
Revised Time for ComPletion
(insert date)
75 working days
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
C'nange Ordei 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
aicepts that this Change order constitutes flnal 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 *itn 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 oitnis Change Order, are hereby ratified and
affirmed, and ine terms of the Agreement, previous Change orders (if any), and this Change order
shall be deemed to have aPPIied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this contraci 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'
Its Interim Public Wor
CITY OF KENT:
,UJ tu
Print Name:Chad Bieren- P.E.
(signature)
DATE:
(titte)
Print Name: Darcee Sanders
CONTRACTOR:
By Sot"/n o-
DATE '1.29.21
(titte)
(signature)
CHANGE ORDER - 2 OF 3
}tw
ATTEST:
(
Kent City Clerk
APPROVED AS TO FORM:
(applicabte if Mayor's signature required)
Kent Law DePartment
Un thls field, you may enter the electEnlc fllepath where the contrad has been savedl
CHANGE ORDER - 3 OF 3
FILE NO: 2OO.2
CHANGE ORDER WORKSHEET NO. 2
Construction Management Division - Public Works
Project: Meet Me on Meeker Sidewalk
Improvements (Russel to GRE)
Project Engineer: Mark Madfai
Project No.: 19-3028
Fed-Aid No.:
Contractor:
STPUL-1068(002)
Axum General ConstructionOwners Reo:Jason Bryant
Date: 1/27/2020
I. PROPOSED CHANGE
Delete contract Special Provision requirements in Section 1-O7.9 (3) entitled Apprentices.
II. REASON AND BACKGROUND FOR qHANGE
III. METHOD OF PAYMENT
NEW PAY lVot
DELETE EXISTING PAY 1-O9.5 Not
atv
T
This project has Federal grant funds administered through WSDOT Loca I Programs and therefore
must follow all requirements of FHWA in the administration of the contract. Staff was informed
by Sayma Rahman, Assistant Local Programs Engineer that recent direction from FHWA states
that local agencies cannot assign training or apprenticeship utilization when WSDOT sets 0
training goal hours for a project. WSDOT did set 0 training goal hours for this project. As this
decision is recent and provides no formal documentation, the requirement has also been
confirmed by John Ho, Project Development Engineer with WSDOT Local Programs'
This change is a no cost change order.
Chan(e Order No.FOR AC:COUI'ffiNG USE OwIY
Sch. No.Itcm Doscription Total Est" : Qty this
Oty : PE
Unit Unit Pricc Total Estimatcd Coet of
hom
X Independent Estimate Attached
- REOUIN.ED
IJ CREATE PAY ITEM ONLY - PaYment to be made
at a later date upon completion of work
x PAY THIS PAY ESTIMATE
Material Submittals Required - CC: Construction Coordinator New Sub Reqrd?No
ChanEe Order No.FOR ACf,;OUNT'NG I.,SE ONIY
Sch. No.B.l. No.Unit Unit Pricc Cogt of hem
4lOurO
Itcm DcscriPtion
REV. DATE
FILE NO: 2OO.2
Independent Estimate Attached - REQUIRED
INCR EASE TO EXISTING PAY Not
TOTAL ESTI MATED COST OF CHANGE ORDER *
*Total of the Cost of ltem Columns
THIS PAY ESTIMATE $o.oo
IV. WORKING DAYS
TOTAL WORKING DAYS*75
*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.
t/ *z/zr
Prepared By:
Construction Engineering
Supervisor:
Construction Engineering
Manager:
Brya
Eric Connor
et/'
Date:
Date:I 7
2
FOR ACCOUNTNG USE O'VI.YChan*eOrderNo. :
Cost of hcmUnit PriceItcm DcsoriptionSoh. No.B.l. No.Unitotv
Independent Estimate Attached ' REQUIRED
$o.oo
Previous Total75Original Contract
DATE:
75Due This Change Order*
DATE:
On critical*
4/01./10
E Connor
Date:t/.-, '"
REV. DATE
Connor, Eric
Sent:
To:
Cc:
From:Matheson, Derek
Thursday, January 14,2021 9:29 AM
Bieren, Chad
Schuck, Christina; Howlett, Mark; Connor, Eric
RE: Apprenticeship Utilization
I approve a waiver and change order per KCC 6.01.030. l'll appreciate your advice on how we can convince WSDOT to
set the training goal hours in a manner that allows us to use our apprenticeship program on future federally-funded
projects.
Derek Matheson , Chief Administrative officer
Administration I Office of the Mayor
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5700 | Fax 253-856-6700
dmatheson@KentWA.gov
CITY OF KENT, WASHINGTON
KentTV2l.com Facebook YouTube Instaqram
From: Bieren, Chad <CBieren@kentwa.gov>
Sent: Wednesday, January 13,2O2L 4:02 PM
To: Matheson, Derek <DMatheson@kentwa.gov>
Cc: Schuck, Christina <CSchuck@kentwa.gov>; Howlett, Mark <MHowlett@kentwa.gov>; Connor, Eric
<EConnor@kentwa.gov>
Subject: Apprenticeship Utilization
Hi Derek,
I've attached a memo regarding the need to change order our Meet Me on Meeker (Russell-GRE)
Sidewalk Improvements project in order to comply with WSDOT Highways and Local Programs
requirements - this is the one we discussed last week.
If you could please review the memo and send a response in the affirmative that you're ok with
executing the change order, we'll be good to 9o.
Thank you,
Chad
Chad Bierenr P.E. Interim Public Works Director
Engineering Administration I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5534 | Cell 253-74O-9139
cbieren@KentWA.oov
www.KentwA.oov n ffi I
i,i_i,1:i: il.: tjtj:D{tt .1j-!; itJtl:ii-iiri.iMatl'l iniEili?.i: 3:tl.i'l i:i)i,; Tli:l; E ,!1 i\ ji.
Subject:
KENT
KENT
PUBLIC WORKS ADMINISTR^ATION
Chad Bieren, P.E.
interim Director
400 West Gowe
Kent, WA 98032
Fax: 253-856-6500
PHONET 253-a55-55O0W^3Hrxotoff
TO:
From:
Through:
CC:
Project:
Memorandum
January L2,2O2L
Subject:
Derek Matheson, CAO
.,y;,"Eric Co n n or, Constru cti o n E n g i nee ri n g M a n a g e r
fiy'lMark Madfai, PE, Design Engineering Supervisor
Mark Howlett, PE, Interim City Engineer/Deputy Public Works Directorltrvz
Chad Bieren, PE, Interim Public Works Director
Meet Me on Meeker (Russell-GRE) Sidewalk Improvements
Project #19-3028
Apprentice Utilization - Request for Requirement Waiver
This memo is to outline the reason and provide justification for removing Section 1-07.9(3)
Apprentices from the City of Kent Special Provisions for the Meet Me on Meeker (Russell - GRE)
Sidewalk Improvements, In accordance with Paragraph D.1. in Kent City Code 6.01.030 Public
Works Apprentice Program the chief administrative officer may waive the apprentice
requirement under the circumstance where it conflicts with state or federal funding conditions,
or the conditions of any other grant or funding program.
This project has Federal grant funds administered through WSDOT Local Programs and
therefore must follow all requirements of FHWA in the administration of the contract. We have
been informed by Sayma Rahman, Assistant Local Programs Engineer (see copy of email below)
that recent direction from FHWA states that local agencies cannot assign training or
apprenticeship utilization when WSDOT sets 0 training goal hours for a project. WSDOT did set
O training goal hours for this project. As this decision is recent and provides no formal
documentation, the requirement has also been confirmed by John Ho, Project Development
Engineer with WSDOT Local Programs (See copy of email below).
Therefore, in order to comply with FHWA requirements, it is our recommendation that the
apprenticeship requirement be removed from the construction contract for this project via
Change Order,
City of Kcnt Public Workr Dcpartment
Chad Biercn P.E., Intcrim Public Works Dir€ctor
Conno Eric
from:
5ent:
To:
5ubject:
Rahman, Sayma < RahmanS@wsdot.wa.gov>
Tuesday, December 15,2020 10:30 AM
Connor, Eric; Madfai, Mark; Almaroof, Abdulnaser; Bryant, Jason
FW: [EXTERNAL] Meet Me on Meeker - Apprentice Requirement
Eric
We did not receive any formal letter from FHWA. lt was a result of ongoing discussion with FHWA and WSDOT. You can
use the email below from WSDOT HQ as a confirmation for your record.
Sayma
From: Ho, John <HoJohn@wsdot.wa.gov>
Sent: Thursday, December LO, 2A20 L2:27 PM
To: Rahman, Sayma <RahmanS@wsdot.wa.gov>; Wonch, William <WonchW@wsdot.wa.gov>
Subject: RE: [EXTERNAL] Meet Me on Meeker - Apprentice Requirement
Sayma,
I have been informed by FHWA that no local agency can insert locally approved training programs to a FHWA (federally)
funded project. Only WSDOT on behalf of FHWA can set training / apprentice goal on a FHWA funded construction
project. Forthe Renton, Meet Me on Meeker East project, thetraininggoal has been setto zero hours.
tohn
From: Rahman, Sayma <RahmanS@wsdot.wa.gov>
Sent: Thursday, December \0,202011:08 AM
To: Wonch, William <WonchW@U{$dot,wa.sov>; Ho, John <HoJohn@vr4;dot.wa.gov>
Subject: FW; IEXTERNAL] Meet Me on Meeker - Apprentice Requirement
John/Will
City of Kent recently awarded a federal aid project where they utilize 15% mandatory apprentice goal (WSDOT goal is 0
hour). City would like to delete the specific GSP via a change order to be in compliance with recent federal direction that
only WSDOT can assign mandatory training goal for FHWA funded project. They are looking for some formal direction
from FHWA to share with their council. Can we provide anything like that?
Thanks
Sayma
From: Connor, Eric <EConnor@kentwa.gov>
Sent: Thursday, December LO,2020 9:23 AM
To: Rahman, Sayma <RahmanS@wsdot.qa.sov>
Cc: Madfai, Mark <MMadfai@kentwa.FW>; Almaroof, Abdulnaser <AAlmaroof@kentwa.sov>; Bryant,.lason
<lQ,ryan!@tgl!WA,eov>
Subject: IEXTERNAL] Meet Me on Meeker - Apprentice Requirement
I
EXTERNAL EMAIL
WARNING: This email originated from outside of WSDOT. Please use caution with links and attachments.
Good Morning Sayma,
As you are aware via previous communications with Mark Madfai, we are working on removing
the 15o/o apprentice requirement form our Meet Me on Meeker (Russell-GRE) Sidewalk
Improvements project (STPUL-1068/002). In order to do this, our City Code requires us to get
approval from our Chief Administrative Officer to waive the requirement.
We will need to prepare a memo to our CAO seeking this approval and our Legal staff has
recommended that we provide backup from FHWA supporting this direction. Is this something
you can provide or let me know where to find it?
I appreciate whatever you can do to help
Thank you!
Eric Connor
Eric Connor, Construction Engineering Manager
Phone 253-856-5533 | Cell 253-797-0693
CITY OF KENT, WASHINGTON
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E.MAIL
2
Connor, Eric
From:
Sent:
lo:
Subject:
Madfai, Mark
Wednesday, January 27, 2021 10:52 AM
Connor, Eric
FW: Meet Me On Meeker, Kent AD approval
Eric,
Here is a summary that includes the DBE and Training goals
Mark
From: Rahman, Sayma <RahmanS@wsdot.wa.gov>
Sent: Tuesday, August 25,2020 2:53 PM
To: Madfai, Mark <M Madfai@ kentwa'gov>
Cc: Dow, Robert <DowR@wsdot.wa.gov>
Subject: Meet Me On Meeker, Kent AD approval
Mark,
City is authorized to advertise the project.
The next steps:
o Afterthe bid opening, send us the bid tabs, DBE Utilization Certification and DBE Written Confirmation Forms
from the lowest responsive bidder to our office for concurrence to award
o After award, send us the award data per LAG 46.3 as soon as possible and prior to billing for reimbursement.
o lnvite us to the pre-construction meeting.
Please let me know if you have any questions
Sayma
Thanks
From: Rahman, Sayma
Sent: Tuesday, August 25, 2020 2:52 PM
To: Mark Madfa i <M Madfa i@ kentwa.gov>
Cc: Dow, Robert <DowR@wsdot.wa.gov>
Subject: RE: Meet Me On Meeker, Kent Division l PSE review approval
Mark,
We have reviewed the subject project's PS&E for compliance with Chapter 44 of the Local Agency
Gu idelines(LAG). Current version addresses our comments satisfactorily.
The following is the status report of the project:
. Plans, Specifications and Estimate(PS&E) - Approved on 8/25/2020
. NEPA Environmental Approval -NEPA CE approved (7 /L4/2020)
. public tnterest Finding(ptF) approval - required prior to ad if the project includes proprietary items(less than
three per item listed in contract), agency supplied materials, local force work or two-week ad period. Approved on
7 / 1,/ 2O2o and 7 I 24 / 2o2o
1
EXTERNAL EMAIL
. UDBE/Training Goals determination -UDBE/Training goals established at9%/0 hrs by HQ(6/30/2020\
. R/W Certification -7/t4/2O20. WSDOT Construction Agreement - required from the WSDOT Development Services Office if the project
impacts facilities under WSDOT's jurisdiction. N/A
. Record of Materials(RoM) - Not required for advertisement authorization however if the city would like us to
prepare a RoM, provide an additional final ad set as soon as the final PS&E is verified by our office. lt currently takes 3-4
weeks to prepare.
. ConstructionFundsAuthorization-7129/2020
. Contract Number Assigned - TA6753
Please let me know if you have any questions' Thanks
Sayma
From: Dow, Robert <DowR@wsdot.wa.gov>
Sent: Tuesday, August 25,2020 2:15 PM
To: Rahman, Sayma <RahmanS@wsdot'wa'gov>
Subject: Meet Me On Meeker, Kent Division 1 PSE review approval
Sayma,
The ps&E review of the division L GSP'sforthe Meet Me On Meeker, Kent project have been reviewed by headquarters
and myself. All of our comments and needed revisions have been addressed. There are no further comments and the
division l GSP's are released for publication.
A copy of the completed division 1 GSP's are attached.
Contact me with anY questions,
R-o&ent Daut
JVWR lrEs! TuVhsnJ'
20G-rltlo-47J6
2