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HomeMy WebLinkAboutCAG2020-228 - Change Order - #10 - Terra Dynamics, Inc. - West Fenwick Park Renovation - 07/16/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: 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* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) 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. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Sup/Mgr: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached 4 N/A 4 Bid P21030 Contract 06/14/2021 Change OrderP21030 Parks, Recreation & Community ServicesLynn Osborn for Bryan Higgins $3,327,481.53 08/31/2021 4 Earliest possible please N/A 07/20/2020 4 4 4 TJ TJ 16/07/2021 CHANGE ORDER - 1 OF 3 CHANGE ORDER NO. 10 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: As described in attached Exhibit A, incorporated herein, project scope is expanded to include memorial arch, parking lot restriping, and additional rental and handling of temporary fencing. Additionally, the projected final completion date established by the Notice of Substantial Completion dated 3/31/2021 is hereby extended 90 calendar days. 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) $121,906.56 Current Contract Amount (incl. Previous Change Orders) $3,291,006.56 Current Change Order $33,128.95 Applicable WSST Tax on this Change Order $3,346.02 Revised Contract Sum $3,327,481.53 CHANGE ORDER - 2 OF 3 Original Time for Substantial Completion (insert date) 11/04/2020 Revised Time for Substantial Completion under prior Change Orders (insert date) 03/31/2021 Original Projected Final Completion Date 01/03/2021 Revised Projected Final Completion Date Under prior Change Orders 05/31/2021 Days Required (±) for this Change Order 90 calendar days Revised Projected Final Completion Date (insert date) 08/31/2021 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: Print Name: Its DATE: CITY OF KENT: By: Print Name: Brian Levenhagen Its Parks, Recreation & Community Svcs. Deputy Director DATE: Brian Levenhagen (Jul 14, 2021 17:24 PDT) Jul 14, 2021 Vernon Orr (Jul 16, 2021 11:51 PDT) Vernon Orr General Manager Vernon Orr Jul 16, 2021 CHANGE ORDER - 3 OF 3 ATTEST: ___________________________ Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department \\PKUPFPP1V\PKPublic\Planning\West Fenwick Park\West Fenwick Park Renovation Phase 2 PK20-03\2Construction Phase\Terra Dynamics\Terra Dynamics CO10 WFP COP-018 Memorial Arch/Restriping/Kompan Visit/Security fencing 6/2/2021 Item Cost/Unit No.Subtotal Diego memorial Arch 19,358.52$ 1 19,358.52$ Restrping Parking lot (COK split cost with TDI)1,165.00$ 1 1,165.00$ Kompan Visit (COK split cost with TDI)1 Security Fence relocate 1788 LF 4,094.52$ 1 4,508.07$ May-June Security Fence Rental 951.26$ 2 1,902.52$ Labor 21%26,934.11$ Sick Leave 2%538.68$ Fee 21%5,656.16$ Total 33,128.95$ Equipment Rate/MH No.Hours Subtotal -$ 1 0 -$ Equipment -$ Fee 21%-$ Total -$ Materials Qty Unit Cost/Unit Subtotal -$ Materials -$ Fee 21%-$ Total -$ Subcontractors Qty Unit Cost/Unit Subtotal -$ Subcontractors -$ Fee 12%-$ Total -$ GRAND TOTAL 33,128.95$ Jason Pampe Jason Pampe Project Manager Signature: Email: Signature: Email: Terry Jungman (Jun 14, 2021 11:08 PDT) Terry Jungman tjungman@kentwa.gov Melissa McCormick (Jul 16, 2021 13:33 PDT) Melissa McCormick cityclerk@kentwa.gov E-TRANSMITTAL: C.O. 10 for West Fenwick Park Renovation Final Audit Report 2021-07-16 Created:2021-06-14 By:Lynn Osborn (losborn@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAOgIXEUfq-rKQAluaBSdlmtq9eHe3D2Fo "E-TRANSMITTAL: C.O. 10 for West Fenwick Park Renovation" History Document created by Lynn Osborn (losborn@kentwa.gov) 2021-06-14 - 4:38:03 PM GMT- IP address: 146.129.252.126 Document emailed to Terry Jungman (tjungman@kentwa.gov) for signature 2021-06-14 - 4:41:15 PM GMT Email viewed by Terry Jungman (tjungman@kentwa.gov) 2021-06-14 - 6:07:16 PM GMT- IP address: 146.129.252.126 Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date: 2021-06-14 - 6:08:11 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2021-06-14 - 6:08:13 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2021-06-14 - 6:30:40 PM GMT- IP address: 146.129.252.126 Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2021-07-15 - 0:24:25 AM GMT- IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2021-07-15 - 0:24:51 AM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Vernon Orr (vern@terradynamics.com) for signature 2021-07-15 - 0:24:53 AM GMT Email viewed by Vernon Orr (vern@terradynamics.com) 2021-07-15 - 0:25:52 AM GMT- IP address: 52.53.158.49 Document e-signed by Vernon Orr (vern@terradynamics.com) Signature Date: 2021-07-16 - 6:51:25 PM GMT - Time Source: server- IP address: 96.85.222.49 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2021-07-16 - 6:51:29 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2021-07-16 - 7:21:42 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2021-07-16 - 7:22:11 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2021-07-16 - 7:22:13 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2021-07-16 - 8:33:02 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2021-07-16 - 8:33:35 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2021-07-16 - 8:33:35 PM GMT