HomeMy WebLinkAboutCAG2020-133 - Change Order - #19 - Northwest Cascade, Inc. - 76th Ave S Improvements - 05/19/2022KENT
Agreement Routing Form
For Approvals, Signatures and Records Management
This form Lombines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)WasHtNcrox
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Originator:
S. Anderson
Department:
PW Engineering
Date Sent:
5t24t21
Date Required
N/A
Authorized to Sign:
E Director or Designee El MaYor
Date of Council Approval
N/A
Budget Account Number:
R20082.641 1 0.1 20
Budget? EYes trNo
Grant? EYes ENo
Type: N/A
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Vendor Name:
Northwest Cascade, lnc.
Category:
Contract
Vendor Number:
72783
5ub-Category:
Change Order #19
Project Name: 76th Ave. S. lmprovements - S. 220th St. to S. 214th St'
project Detaits:Negotiated final settlement of submitted claim (Action #18) for lost fixed
costs due to quantitY underruns.
Agreement Amount: $60,000.00
Start Date: N/A
Basis for Selection of Contractor: $id
Terminarion Dare: 188 Working Days
Local Business? EYes E No*
*lf meets requirements per KCC i.70. t 00, ptease complete "Vendor Purchase-Local Exceptions" form on Cityspace.
Notice required prior to disclosure?
EYes E No
Contract Number:
cAG2020-133
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Date Received by City AttorneY Comments:
Date Routed to the Mayor s Office:
Date Routed to the City Clerk's Office:
ad(W223/l I 20 Visit Documents.KentwA.gov to obtain copies of all agreements
KENT
WacHtNc?oN
NAME OF CONTRACTOR:
CHANGE ORDER HO. #I9
Northwest Cascade, [nc. ("Contractor")
CONTRACT NAME & PROJECT NUMBER:
ORIGINAL CONTMCT DATE:Mav 5, 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:
Negotiated final settlement of submitted claim (Action Request #18) for
lost fixed costs due to quantity underruns. This change order addresses
the claim submitted by contractor for lost fixed costs due to quantity
underruns. The final contract bid item quantity amounts resulted in an
approximate $662,000 underrun from original award amount. These
discrepancies in estimated bid item quantities resulted in significant loss
of fixed overhead costs that had been spread amongst all bid items at
time of bid. The contractor submitted a claim of 9203,574.es in lost
fixed costs. After negotiation, the contractor and city agreed to setile
on a one-time $60,000 lump sum payment, reflected in this Change
Order.
2. The contract amount and time for performance provisions of Section II "Time of
completion," and section III, "compensation," are hereby modified as folrows:
Original Contract Sum,
(including applicable alternates and
wssT)
$4,472,667.25
Net Change by Previous Change Orders
(incl. applicable WSST)
$219,159.52
Current Contract Amount
(incl. Previous Change Orders)
$4,691,826.77
Current Change Order $60,000.00
Applicable WSST Tax on this Change
Order
$o.oo
Revised Contract Sum $4,7s1,926.77
7(th Ar,^ e rramanlc-C lanthC+fn Q ?1zth Ci
)
CHANGE ORDER - 1 OF 3
Original Time for Completion
(inseft date)
120 working days
Revised Time for Completion under
prior Change Orders
(insert date)
68 working days
Days Reguired (+) for this Change Order 0 calendar days
Revised Time for Completion
(insert date)
188 working days
In accordance with Sections L-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 tirne, contract acceleration, oniite 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, pafticularly 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:
(signature)
Print Name:
(titte)
DATE:
CITY OF KENT:
By . Chad Bie
:ij tdtly dsnd by chad Br@ii N:(*us,€=dir'6.@konM.sov,rql'Ehs:li.Ji3*****i, ,&H022.6.17 r022 39.07W
(signature)
Print Name:Chad Bieren , P.E.Its Publig: Works Directo"f.
(title)
DATE:
CHANGE ORDER - 2 OF 3
K?
ATTEST:
Kent City Clerk
APPROVED AS TO FORII{:
(applicable if Mayor's signature required)
Kent Law Department
lln thls ffeld, leu may enter the ele€tpnlc Rlepath wherc the @ntrsal ha9 ts sEved]
CHANGE ORDER. 3 OF 3
File No. 2OO.2
KENT
wAtr.{6ro{
CHANGE ORDER WORKSHEET NO. 19
Construction Engineering Division - Public Works
Project: 76th Av S Improvements
Project Engineer: Mark Madfai
Capital Projects
Manaoer:Phil McConnell
Project No:
Fed-Aid No:
Contractor:
19-3006
N/A
Northwest Cascade
Date: Various
I Pro ed Cha e
Negotiated final settlement of submitted claim (Action Request #18) for lost fixed costs due to quantity
underruns.
II. Reason and Bac round for Cha
III. Method of Payment
NEW PAY ITEMS f ruotapplicable
underruns. The final contract bid item quantity amounts resulted in an approximate $662,000 underrun
rom original award amont. These discrepancies in estimated bid item quantities resulted in significant
loss of fixed overhead costs that had been spread amongst all bid items at time of bid. The Contractor
bmitted a claim of $203,574.05 in lost fixed costs. After negotiation, the Contractor and City agreed
to settle on a one-time $60,000 lump sum payment, reflected in this Change Order.
is change order addresses the clairn submitte by Contract for lost fixed costs due to quantity
Sch.
No ftem Description Total Est.
Otv Unit Unit Price Total Estimated Cost of
Item
1 Lost fixed overhead costs 1 LS $60,000.00 $60,000.00
$
$
New Pay Items Total: $6O,OOO.OO
DELETE EXISTING PAY ITEM(S) per 1-O9.5 p ruotappricabre
Sch
No.Bid ltem No.Item Description Qty Unit Unit Price Cost of Item
$
Page 1
d
Delete Existing Pay ltems Total: $
INCREASE/DECREASE TO EXISTING PAY ITEM(S) E Notappricabre
$
$
Sch
No Bid Item No.Item Description Qtv Unit Unit Price Cost of Item
$
$
$
fncrease / Decrease to Existing Pay ltems Total: $
*TOTAL ESTIMATED COST OF CHANGE ORDER:
x Total of the Cost of Item Columns
IV. WORKING DAYS
o00.oo
Original Gontract:Due This Change Order:o Previous Total:
Explanation/Justification for Additional Working Days:
Outside of the plant establishemnt period and the 3 year extended maintenance peri od the project is phYslcallY
complete. No working days were negotiated
*TOTAL WORKING DAYS:
'l ,at-.r-zp y''
o
* This Change Order + Previous Total
Date: 5 lz eU?l4-Capital Projects Manager:
Construction Engineering
Supervisor:
/*fason Barry
Date:<',,r-,
Date:tlsisConstruction Manager:t :/-{." r'r'? '
Eric Connorlir(
Page 2
l|)h
NORTHWEST CASCADE INC.
POSI OFFtc€ Box 73399, PUYALLUe WASHINGTON 98373 / TOLL FREE 800_562_4442
Action Request
Date:
To:
3B/2A21
PhillipMcConnell
Capihl Pnojec{s manrger
CityofKmtPublicWorla
From: ClintMyas
RE: QuantilyVariances
76ft Ave South knprovements
ActionRequest# l8
NWC #42ss
Phit,
The purpose of this Action Request is to discuss the quantity variances tiat we previously discussed via
ernail and how to address paytnent for the fixed costs that NWC has incurred that were spread over these
quantities.
The project is now substantially complete and we are close to fi:ralizing quantities, so we need to address
the quantity variances on the project. In review of all of the bid items,lt ipp"urr that over 80 bid items will
undemrn the planned quantities once the final quantities are agreed to. Based on the quantities to date, at
least 40 bid items have uaderran the planned quantities by more than25o/o. This is a iroblem because at the
time of bid, NWC had to spread our fixed cost like bonding, insurauce, home ofEce overhead, project
supervision and other project specific costs to the unit pricing.
The undemrnning of the quantities is great for the City and will end up being a substantial costs saving on
the overall project cost. On the other side, NWC has been financially impacted as the fixed costs were still
necessary to complete the work regardless of tho quantity variances. While NWC understands that the City
doesn't follow the Section 1-04.6 of the IVSDOT Speci{ioations, we still believe we are entitled to recoup
these fixed costs due to the City's quantities being severely overstated.
NWC is requesting a meeting with you to discuss how to address the fxed oosts that we have incurred, but
haven't been paid for due to the quantities variances. Please let me know if you have any questions or
would like to discuss further where we can address this issue.
Y
Vice President of
Northwest Cascade, Inc.