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HomeMy WebLinkAboutCAG2021-397 - Change Order - #1 - OMA Construction, Inc. - Willis Street & Fourth Avenue Landscape - 01/05/2022ApprovalOriginator: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 Dir. Assist: 4 N/A 4 Bid p21050 Contract 12/22/2021 Change Order2448752 Parks, Recreation & Community ServicesLynn Osborn $1,275,999.47 04/15/2022 4 Earliest possible please N/A 09/07/21 4 4 4 01/06/2022 CHANGE ORDER - 1 OF 3 CHANGE ORDER NO. 1 NAME OF CONTRACTOR: OMA Construction Inc. (“Contractor”) CONTRACT NAME & PROJECT NUMBER: Willis Street & Fourth Avenue Landscape ORIGINAL CONTRACT DATE: 09/07/2021 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. Contracted work on this project will be suspended from 12/20/2021 through 02/28/2022. OMA Construction will monitor site security and TESC measures during the suspension. Work will resume on 03/01/2022 and will be completed by 04/15/2022. 2. Bid Item A1 will be increased by $45,000 including WSST. 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) $1,230,999.47 Net Change by Previous Change Orders (incl. applicable WSST) $N/A Current Contract Amount (incl. Previous Change Orders) $1,230,999.47 Current Change Order $40,872.00 Applicable WSST Tax on this Change Order $4,128.00 Revised Contract Sum $1,275,999.47 CHANGE ORDER - 2 OF 3 Original Substantial Completion Date (insert date) 11/21/2021 Revised Time for Completion under prior Change Orders (insert date) N/A Days Required (±) for this Change Order 150 calendar days Revised Substantial Completion Date (insert date) 04/15/2022 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 (Dec 22, 2021 12:13 PST) Dec 22, 2021 Austin Shope (Jan 5, 2022 06:29 PST) Project Engineer Austin Shope Jan 5, 2022 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\4th and Willis Roundabout\PK21-01 Landscape Construction\OMA Construction-CO1 Signature: Email: Signature: Email:rlashley@kentwa.gov Melissa McCormick (Jan 6, 2022 09:24 PST) Melissa McCormick cityclerk@kentwa.gov E-TRANSMITTAL: C.O. 1 for 4th & Willis Landscapes Final Audit Report 2022-01-06 Created:2021-12-22 By:Lynn Osborn (losborn@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAgUh6vsGDD3rY2psPJPGrD4CTUQrwV8Gl "E-TRANSMITTAL: C.O. 1 for 4th & Willis Landscapes" History Document created by Lynn Osborn (losborn@kentwa.gov) 2021-12-22 - 5:43:38 PM GMT- IP address: 146.129.252.126 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2021-12-22 - 5:46:22 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2021-12-22 - 6:43:50 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2021-12-22 - 6:46:44 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2021-12-22 - 6:46:46 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2021-12-22 - 8:13:00 PM GMT- IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2021-12-22 - 8:13:38 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Austin Shope (a.shope@omaconstruction.com) for signature 2021-12-22 - 8:13:40 PM GMT Email viewed by Austin Shope (a.shope@omaconstruction.com) 2022-01-05 - 2:27:13 PM GMT- IP address: 73.42.243.67 Document e-signed by Austin Shope (a.shope@omaconstruction.com) Signature Date: 2022-01-05 - 2:29:50 PM GMT - Time Source: server- IP address: 73.42.243.67 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2022-01-05 - 2:29:53 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2022-01-05 - 4:52:30 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2022-01-05 - 4:52:45 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2022-01-05 - 4:52:46 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2022-01-06 - 5:18:30 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2022-01-06 - 5:24:08 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-01-06 - 5:24:08 PM GMT