HomeMy WebLinkAboutCAG2020-418 - Change Order - #6 - T. Bailey, Inc. - West Hill Reservoir Construct New 5.0 Million Gallon - 1/21/2022KENT
Agreement Routing Form
For Approvals, Signatures and Records Managernent
This form combines & replaces the Request for Mayor! Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)WaSHtNGToN
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obea
Originator:
S. Anderson
Department:
PW Engineering
Date Sent:
2t812022
Date Required:
N/A
Authorized to Sign:
En Director or Designee E Mayor
Date of Council Approval:
12t08124
Budget Account Number
w20054.641 '10.330
Budget? ExYes tr No
Grant? EYes E No
Type: N/A
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ELoI
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Vendor Name:
T. Bailey Construction
Category:
Contract
Vendor Number:
294554
Sub-Category:
Change Order #6
Project Name: West Hill Reservoir
prniorr npt:itq.Desiqn and paint a mural on the West Hill Reservoir 79-foot diameter by 144-foot high steelI rvrELt uLLq rr'stanipipe
water reservoir in accordance with the West Hill Reservoir project's contract.
Ag reement Amount; $82,882.7 1
start Date: 1212312020
Basis for Selection of Contractor: $id
Terminarion Date: 386 Working Days
Local Business? E Yes En No*
*lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase-Local Exceptions" form on Cityspace.
Notice required prior to disclosure?
EYes E No
Contract Number:
cAG2020-418
3o'5gE
olEa-ItoI
6oLttY
tgC
-9UI
Date Received by City Attorney:Comments:
Date Routed to the Mayor's Office:
ad(V/22171_l_20 Visit Documents.KentWA.gov to obtain copies of all agreements
KENT
Wa s H I N G T o N
CHANGE ORDER NO. #6
NAME OF CONTRACTOR:
CONTRACT NAME & PROJECT NUMBER:
ORIGINAL CONTRACT DATE :
T. Bailev, Inc. ("Contractor")
West Hill Reservoir
December 23. 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 :
Design and paint a mural on the West Hill Reservoir 79-foot diameter
by 144-foot high steel standpipe water reservoir in accordance with the
West Hill Reservoir project's Contract, Special Provisions, the Agreement
for Artwork (Exhibit A), the Scope of Work (Exhibit B), the artist's
proposed pricing (Exhibit C) and the Visual Artists Rights Act of 1990
Waiver (Exhibit D).
Z. 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)
#8,493,470.72
Net Change by Previous Change Orders
( incl. applicable WSST)
$211,069.52
Current Contract Amount
(incl. Previous Change Orders)
$8,704,540.24
Current Change Order $68,700.00
Applicable WSST Tax on this Change
Order
$6,938.70
Revised Contract Sum $8,780,178.94
CHANGE ORDER - 1 OF 3
Original Time for Completion
(insert date)
350 working day*
Revised Time for Com
prior Change Orders
(insert date)
pietion under 16 working dayt
Days Required (*) for this Change Order 20 calendar days
Revised Time for Completion
(insert date)
3S6 working dcys
In accordance with Sections '1-04.4 and 1-04,5 of the Kent and WSDOT Standard
Specifications, and Sectlon V.II of the Agr"eement, the Contractor accepts all requirements of this
Change Order. by signing below. Also, pursuant to the above-referenced contract, Contractor
agree! te waive: any protest it may have regarding this Change Order and acknowledges and
aicepts that this Change Order constitutes final settlement of all clairns. of any kind or nature
arising from or cohnected with any Work either covered or affected by this Change Order, including,
without limitation, claims related to contract time, c0ntract acceleration, onsite or horne 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 ter.ms of the Aqreement, previous Change Orders (if any), and this Change Order
shall be deerned to have applied'
The parties whOse nam€s 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.
AF ec
KP
By
Print e' Bonnie Wardlaw
Its Contrait Mqnager
-(tttte)
DATE:1t20t22.
CITY OF KENTI
BY
S rdffivtu*.cue"-
. Chad BiereffiS#f;Hff#;js"*""*"
(signature)
Print Name: Chad Bieren,...I.E. -'Its Public Works Dlrector ..
(tttle)
DATE:
CHANCE ORDER - 2 OF 3
ATTEST:
Kent City Clerk
APPROVED AS TO FORMI
(appllcable If Mayor's slgnature requlred)
Kent Law Department
lln thls Reld, you may enter the sloctronlc lllepath whore the @ntract has b€€n savedl
CHANGE ORDER - 3 OF 3
File No. 2OO.2
KENT
CHANGE ORDER WORKSHEET NO. 6
Construction Engineering Division - Public Works
Project: West Hill Reservoir
Project Engineer: RH2 - Drew Holcomb
Capital Projects phit McConne'
Project No:
Fed-Aid No:
Contractor:
t9-3027.r
N/A
T Bailey
Man
Date: Ll3/2022
I. Pro osed Chan e
Design and paint a mural on the West Hil
water reservoir in accordance with the W
I Reservoir 79-foot diamater bY 1
est Hill Reservoir project's Contra
Agreement for Artwork (Exhibit A), the Scope of Work (Exhibit B), the artist's proposed pricing (Exhibit
c) and the Visual Artists Rights Act of 1990 waiver (Exhibit D).
44-foot high steel standPiPe
ct, Special Provisions, the
II. Reason and Bac round for Chan e
III. Method of Payment
NEW PAY ITEMS ! Notapplicable
uted, neutral colors such as
with the nearby areas, unless
I with mresPanntithtowereaUseitPermreuhTeectsnCoitidongqproj
eblhtaatcomreatiahsuASchnandtuarastrees,pSreenranadpes,g ys g
IWcroksscendaPuKentbntKePnannServiseerwiarovedothIppby
Sch.
No Item Description Total Est,
Qty Unit Unit Price Total Estimated Cost of
Item
I Task 1 - Renderings 1 LS $3,360.00 $3,360.00
I Task 2 - Installation of Mural 1 LS $65,340.00 $65,340.00
I Washington State Sales Tax (10'10o/o)1 LS $6,938.70 $6,938.70
New Pay ltems Total: $
DELETE EXISTING PAY ITEM(S) per 1-O9.5 E Notappricabre
Page 1
75,638.7O
Sch
No Bid Item No.Item Description Qtv Unit Unit Price Cost of ltem
$
$
$
Delete Existing PaY ltems Total: $
INCREASE/DECREASE TO EXISTING PAY ITEM(S) E Notappricabre
Sch
No Bid Item No.ftem Description Qtv Unit Unit Price Cost of Item
$
$
$
Increase / Decrease to Existing Pay Items Total: $
*TOTAL ESTIMATED COST OF CHANGE ORDER:$75,638.7O
* Total of the Cost of Item Columns
IV. WORKING DAYS
Original Contract:350 Due This Change Order:20 Previous Total:366
Explanation/Justification for Additional Working Days:
*TOTAL WORKING DAYS:
ne
386
* This Change Order + Previous Total
Date:vCapital Projects Manager:
Construction Engineeri ng
Supervisor:
z
Phil Mcconnel
-- . Paul Ku7-A*
Date://tr ''
Construction Manager:
Eric Connor
Page 2
Date:y',, ^
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Agreement for Artwork
Scope of Work
Artis?s Proposal
Visual Artists Rights Act of 1990 Waiver
Artwork Exhibits -
West Hill Water Reservoir
1
EXHIBIT A
AGREEMENT FOR ARTWORK
on the West Hill Water Reservoir
RECITALS
A. The City of Kent (the "City") is committed to mitigating the aesthetic impacts of
the West Hill Water Reservoir Project. The conditional use permit issued for this
project requires the use of "muted, neutral colors such as grays and greens, and
natural shapes such as trees, that are compatible with nearby areas."
B. The City has allocated funds for the selection and purchase of artistic services
to paint a mural on the West Hill Water Reservoir (the "Water Reservoir") so as to
blend the Water Reservoir within the surrounding wooded environment.
AGREEMENT
1. Description of Work
1.1 The Artist shall perform the services for the City in accordance
with the Scope of Work set forth in Exhibit A ("Work"). The City will issue two separate
notices to proceed for the tasks defined within Exhibit A.
I.Z Upon issuance of the first notice to proceed (NTP), the Artist will
prepare at least three renderings of proposed mural designs as specified within
Exhibit A and submit them to the City for approval. The Artist acknowledges that the
process for approval of the mural design will include review and feedback by staff,
the Arts Commission, and the West Hill Neighborhood Council. The Artist shall
incorporate the comments and feedback from this process into a "Final Rendering" of
the approved mural design. The Final Rendering shall be a 360-degree detailed
Artwork Exhibits -
West Hill Water Reservoir
2
illustration of the approved mural design. Upon receiilt of the Final Rendering, the
City may direct the Artist to make minor changes to ensure the feedback has been
fully incorporated.
1.3 Afterthe City approves the Final Rendering, the City shall issue a
second NTP for the Work referred to as Task 2 within Exhibit A. After receipt of this
second NTP, the Artist shall paint the agreed upon mural design onto the Water
Reservoir as more fully described in Exhibit B.
L.4 The Work described within this Section l shall be completed in
conformance with the timeframes set forth within Section 6.
2. Acceptance
Z.L. The Artist shall advise the City in writing when all Work described
in Section 1.3 of this Agreement has been completed in substantial conformity with
the proposal and agreed-upon mural design. Upon the approval of the City, this shall
be the time of substantial completion'
2.2. The City shall advise the Artist of any minor incidental work,
corrections or repairs that are required, as determined by the City.
2.3. When the work described in Section 2.2 is complete, upon the
approval of the City, the City shall notify the Artist of its final acceptance of the Work.
2.4. Final acceptance shall be effective as of the date of the City's
notification of final acceptance.
3. Risk of Loss. The risk of loss or damage to the Work shall be borne by
the Artist until final acceptance by the City, and the Artist shall take such measures
as are necessary to protect the Work from loss or damage until final acceptance.
Artwork Exhibits -
West Hill Water Reservoir
3
4. Compensation, Pavment Schedule, Bond, Retainage and Exoenses.
4.t Compensation. The maximum amount to be paid under this
Agreement for the Work is $68,700 (plus LO.Lo/o WSST) and shall not be
exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this Agreement. Payments to the Artist for
the Work shall be made as follows:
a
a
The work as described in section 1.2 at a lump sum of $3,360.00
plus Washington State Sales Tax at 10.10olo or $339.36 for a total of
$3,699.36. This entire amount will be payable at the issuance of
the NTP for Task 1.
The work as described in Section 1.3 at a rate of $65,340.00
plus Washington State Sales Tax at 10.10olo or $6,599.34 for a
total of $71,939.34. This amount will be payable as follows: L5o/o
upon issuance of the NTP for Task 2, 650/o upon substantial
completion, and 2Oo/o upon final acceptance.
4.2 Artist's Expenses. The Artist shall be responsible for the payment
of all mailing or shipping charges on submissions to the City and the cost of all travel
by the Artist and the Artist's agents and employees necessary for the proper
performance of the services required under this Agreement.
5. Time of Performance
5.1 Duration.
5.1.1 The Artist shall deliver the renderings as set forth in
Section 1.2 within 30 days after the City issues the first NTP. The Artist shall
incorporate the feedback from the approval process and submit the Final
Artwork Exhibits - .
West Hill Water Reservoir
4
Rendering for the City's approval within 10 days of receipt of the City's
feedback. If any adjustments are needed to the Final Rendering, the Artist
shall complete these adjustments within 10 days.
5.1.2 The mural installation on the Water Reservoir shall
commence upon completion of construction of the Water Reservoir and after
the approval of the mural design. The estimated time to complete the mural
installation is 20 working days. The Artist understands and agrees that the
exact time of commencement of the Work will depend upon the completion
date of construction of the Water Reservoir, currently anticipated for the fall
of 2022.
6. Warranties.
6.1 Warranties of Title, The Artist warrants that: (a) the Work is
solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed
in writing to the City, the Work is unique and original and does not infringe upon any
copyright; (c) that the Work or a duplicate thereof, has not been accepted for sale
elsewhere; and (d) the Work is free and clear of any liens from any source
whatsoever.
This warranty shall apply only to that Artwork which is entirely that of
the Artist (or persons responsible to the Artist), as completed and shall not apply to
materials or workmanship of products integrated or combined or to materials
purchased, acquired, or installed by any one person or entity other than the Artist.
6.2 Warranties of Qualitv and Condition
6.2.L The Artist warrants that it will faithfully and satisfactorily
perform all work provided under this Agreement in accordance with the
provisions of this Agreement and that the (a) the execution and fabrication of
Artwork Exhibits -
West Hill Water Reservoir
5
the Work will be performed in a workmanlike manner; (b) the Work, as
performed and completed, will be free of defects in material and workmanship,
including any defects or qualities which cause or accelerate deterioration of the
Work; and (c) reasonable maintenance of the Water Reservoir will not damage
the Work or accelerate depreciation.
6.2.2 The Artist guarantees durability of workmanship and
materials against normal exposure to the outdoor elements in Kent,
Washington for one year. Additionally, for a period of one year after the City's
acceptance of the Artwork's final installation, the Artist shall promptly correct
all defects in workmanship and materials: (a) when the Artist knows or should
have known of the defect; or (b) upon the Artist's receipt of notification from
the City of the existence or discovery of the defect. The Artist shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from
the City of the defect. If the Artist does not accomplish the corrections within
a reasonable time as determined by the City, the City may complete the
corrections and the Artist shall pay all costs incurred by the City in order to
accom plish the correction,
6.3 Duration Warranties. The warranties described in this Section
6 shall survive for a period of one (1) year after the final acceptance of the Work.
The City shall give notice to the Artist of any observed breach with reasonable
promptness. The Artist shall, at the request of the City, and at no cost to the City,
cure reasonably and promptly the breach of any such warranty which is curable by
the Artist.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE ARTWORK,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND OF FITNESS FOR A PARTICULAR PURPOSE,
Artwork Exhibits -
West Hill Water Reservoir
6
7. Original Artwork Creation. Title Transfer, Copvright
7.L Orioinal Artwork Creation. The Artist's services under this
Agreement constitute original artwork (Artwork).
7.2 Retention of Riohts and Issuance of License
7.2.L Title to the Artwork shall pass to the City upon final
acceptance. The City will retain ownership of all renderings produced pursuant
to this Agreement. The Artist retains copyright to the Artwork as provided by
and subject to this Section 7.
7.2.2 The Artist retains all rights it may be entitled to pursuant
to the Copyright Act of Lg76,17 U.S.C, 5 101, et seq., and all other rights in
and to the Artwork except ownership and possession, and except as such rights
are limited by this Section 7. The Artist may at its own expense cause to be
registered, with the United States Register of Copyrights, a copyright of the
Work in the Artist's name,
7.2.3 The Artist grants to the City and its assigns an irrevocable
license to reproduce the Work in any manner whatsoever. All reproductions by
the City shall contain a credit to the Artist and a copyright notice substantially
in the following form: @ Artist's name, date of creation.
7.2.4 The Artist shall use its best efforts to give a credit to the
City, reading substantially, "an original work owned and commissioned by the
City of Kent," in any public showing under the Artist's control of reproductions
of the Work.
7.3 Visual Artists Riqhts Act of 1990 Waiver. The parties agree that
the Artwork may be considered a "work of visual art" subject to the provisions of the
federal Artists Rights Act of 1990, 17 U.S.C. 5106A. The Artist agrees to permanently
Artwork Exhibits -
West Hill Water Reservoir
7
waive its rights pursuant to L7 U,S.C. 5106A(a)(3) to prevent any distortion,
mutilation, modification or destruction of the Artwork, for whatever reason and for
whatever use of the Artwork such distortion, mutilation, modification or destruction
of the Artwork is undertaken. This waiver does not extend to the rights of attribution
conferred by 17.U.S.C. 5106A(a)(1) or $106A(a)(2).The Artist shall execute the
waiver in Exhibit D as a condition of this Agreement.
7.4 Intellectual Propertv. If for any reason the proposed mural design
is not implemented, all rights to the proposed Artwork shall be recognized as the
Artist's intellectual property and protected from infringement in accordance with
Federal Law.
7.5 photooraphs. The Artist will be allowed to photograph the
Artwork on the Water Reservoir and use those photos as part of their ongoing
marketing; whether website, email submissions, magazine publications, or others'
All others must apply to the City of Kent for permission to use photos of the Artwork
for their purposes for any and all uses.
7.6 Survival. The rights granted by this Section 7 shall survive the
expiration of this Agreement.
8. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code,
the City requires its contractors and consultants to use recycled and recyclable
products whenever practicable. A price preference may be available for any
9. public Records Act. The Artist acknowledges that the City is a public
agency subject to the Public Records Act codified in Chapter 42.56 of the Revised
Code of Washington and documents, notes, emails, and other records prepared or
gathered by the Artist in its performance of this Agreement may be subject to public
review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Artist agrees to cooperate fully with the City in satisfying
the City's duties and obligations under the Public Records Act.
Artwork Exhibits -
West Hill Water Reservoir
8
EXHIEILE
Scope of Work
Backoround
The City of Kent (City) is building a new 5 million gallon (MG) water reservoir located
on City owned property at the northwest corner of the intersection of 38th Ave S and
S24SthSt,Thesteel waterreservoirwill be t44feethigh,withadiameterof 79feet.
This reservoir will serve the existing and future development on Kent's West Hill,
including water service to residents and business, in addition to ensuring increased
fire flow requirements are met. Following the completion of construction and the
exterior tank coating system, the City intends to have a painted mural installed over
the top of the finished coating.
The mural shall meet the requirements of the Conditional Use Permit which states,
"painting the tower with muted, neutral colors such as grays and greens, and natural
shapes luch as trees, that are compatible with nearby areas, unless otherwise
approved by Kent Planning Services and Kent Public Works."
Scope of Work
Task 1 - Renderings - shall include the following:
. p*pa.'rg at leist three (3) different renderings of the mural design for the City's
consideration, to be delivered no more than 30 days from issuance of the first
Notice to Proceed (NTP).
. Meeting with City staff to discuss the mural design (including design revision
meetings), and the submittal process.
. Meetings including a kickoff meeting with City staff to discuss the mural
designs and meetings to provide feedback on the renderings. Meetings may
be virtual (Microsoft Teams) or in person, as determined by the City.
r Making any necessary revision(s) of the selected mural design and submitting a
final mural design to the City for approval'
o preparing a final rendering of the approved mural design in the form of a 360-
degree detailed illustration. Deiining up to three (3) solid background paint colors for the water reservoir and
specify the height of each color.
The estimated cost to perform Task 1 is $3,360.00 plus sales tax which is not to
be exceeded without authorization.
Artwork Exhibits -
West Hill Water Reservoir
9
-T=cV ) - |nc{-rllr}inn nf nrr rrr chrll inrlrrrla fha fallnrrrinn.
a This task shall not proceed until a second NTP is is
upon completion and inspection of final exterior w
sued. This will likelY occur
ater reservoir coating (fall
2022).. painting the approved mural onto water reservoir with compatible materials as
approved bY the Engineer.r This body of work shall be completed within 20 working days.
o Inspection and punchlist items of the completed mural by the Artist and the
City.
The estimated cost to perform Task 2 is $65,340.00 plus sales tax which is not to be
exceeded without authorization.
Artwork Exhibits -
West Hill Water Reservoir
10
Rolf Goetzinger, LLC
22855 E. Country Vista Dr., #363
Liberty Lake, WA 99or9
5c9-847-4991
www. artistbrothers. com
rolfgoetzinger@ gmail.com
EXHIBIT C
West Hills Reservoir Mural
Kent, WA
rolr9lzozt
Scope of work: Paint scenic mural with tall fir trees onto tank full circumference. 16
*orkirg days. Painted mural to height of approx. 8o'high on tank r44' high pY 249' (79'
dia) circumference. Mural follows the completion and inspection of final tank topcoat.
Design
Design, renderings and consultation stage.........$3ooo.oo
Installation
Tnemec Hydrofl on 7oo Series and thinner ..............'.......... $rz,ooo.oo
$soo.oo
........ $4ooo.oo
...... $16,ooo.oo
..... $zo,ooo.oo
$5oo.oo
.........$gooo.oo
...........3OOO.OO
Materials and supplies .............
Travel expenses
Equipment Rental..
Labor.......
Fuel.........
Office, Admin.........
Insurance, Licenses, Fees
Sub Total
Sales Tax (ro.ro%) ........
$6z,ooo.oo
$6,z6z.oo
Total
Payment schedule:
........ $68,262.oo
See Section 4.1 for
Payment Schedule
Artwork Exhibits -
West Hill Water Reservoir
11
EXIilEILD
Visual Artists Rights Act of 1990 Waiver
T , have prepared designs for the following
artwork: (specifically identify the work)
The above-described work may be considered to be a "work of visual art" subject to
the provisions of the federal Visual Artists Rights Act of 1990, specifically the rights
of certain authors to attribution and integrity, as codified at L7 U.S.C. 5106A(a).
I am an author of the work(s) described herein, and am authorized to waive the
rights conferred by 5106ACil, in accordance with the waiver provision of L7 U.S.C.
5106A(eX1).
As author of the above-described work, I hereby permanently waive my rights
pursuant to t7 u.s.c. 5106A(a)(3) to prevent any distortion, mutilation,
modification or destruction of that work, for whatever reason and for whatever use
of the work such distortion, mutilation, modification or destruction of the work is
undertaken. This waiver does not extend to the rights of attribution conferred by
17.U.S.c. 5 106A(aX1) or 5106A(aX2).
ARTIST:
By
(signature)
Print Name:
(title)
DATE:
Its
Artwork Exhibits -
West Hill Water Reservoir
t2