Loading...
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