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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 ? 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 c .9t,o ELoI -g aato Eoobgl 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