HomeMy WebLinkAboutCAG2022-146 - Change Order - #1 - Olson Brothers Excavating, Inc. - Downey Side Channel Restoration Final Phase - 07/21/2022KENT
Agreement Routing Form
For Approvals, Signatures and Records Management -
This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms
(Print on pink or cherry colored paper)WasHtNcroN
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oLce
Originator:
Stephanie Anderson
Department:
PW Engineering
Date Sent:
7 t2612022
Date Required:
N/A
Authorized to Sign:
E Director or Designee E Mayor
Date of Council APProval
4t5t2022
Budget Account Number:
D20074.641 10.330
Grant? EYes ENo
Type: N/A
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Vendor Name:
Olson Brothers Excavating, lnc.
Category:
Contract
Vendor Number Sub-Category:
Change Order 1
projecr Name: Downey Side Channel Restoration Final Phase
pr^ip.r r-tetaits.This change order is to correct unit labeling for bid item #1015 Watering Dust Control
I rvrsL'L "''" ' trom +OO 6nf- of water at $48.00 per GAL to 4OO MGAL of water at $78.00 per MGAL.
Agreement Amount: $1 3,21 2.00
starr Date: 411512022
Basis for Selection of Contractor: $igl
Termination Date: 100 working daYS
Local Business? EYes E No*
*lf meets requirements per KCC 3.20.100, please complete "Vendor Purchase-Local Exceptions" form on Cityspace.
Notice required prior to disclosure?
EYes E No
Contract Number
cAG2022-146
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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: Ol
ad(W22173_1_20 Visit Documents.KentwA.gov to obtain copies of all agreements
KENTWatKrxorqr
CHANGE ORDER NO. #L
NAME OF CONTRACTOR:
CONTMCT NAME & PROJECT NUMBER:
ORIGINAL CONTRACT DATE:
Olson Brothers. Inc ("Contractor")
Downey Side Channel Restoration Final Phase
Aprll L5.2O22
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:
This change order is to correct unit labeling for bid item #1015 Watering
for Dust Control from 400 GAL of water at $48,00 per GAL to 400 MGAL
of water at $78.00 Per MGAL.
2. The contract amount and time for performance provisions of Section II "Time of
Completion," and Section [II, "Compensationr" are hereby modified as follows:
Original Contract Sum,
(including applicable alternates
wssT)
and
$3,129,996.84
Net Change by Previous Change Orders
( incl. applicable WSST)
$o.oo
Current Contract Amount
(incl . Previaus Change Orders)
$3,129,996.84
Current Change Order $12,000.00
Applicable WSST Tax on this Change
Order
$l,2l2.oo
Revised Contract Sum $3,143,208.84
CHANGE ORDER. 1 OF 3
Original Time for ComPletion
(insert date)
100 working days
Revised Time for Completion under
prior Change Orders
(lnsert date)
100 worklng dayc
Days Required (+) for this Change Order 0 calendar days
Revised Time for Completion
(insert date)
100 worklng days
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
agreis to waive any protest it may have regarding this Change Order and acknowledges and
aicepts that this Change Order constltutes 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,
witholt 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.
l. 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 padics below have executcd this Agreement, which wlll
become effective on the last date written below.
CONTRACTOR:
By
Print Name:
DATE:
.(tttte)
=,//4,/zz
CITY OF KEilT:
By
j 'OldihllY dgnsd bY Chad Bier€n
C h ad B i e re,p ffi;1i::r,r*;'; :K
(signature)
Print Name:Chad Bieren pF"
Its Public Works Director
DATE'
("t@
CHANGE ORDER.2 OF 3
K?
EC
ATTEST:
Kent Clty Clerk
APPROVED AS TO FORM:
(applle.able lf Mayafs slgnatuta requlrd)
Kent Law Department
Clln o$ iatd. you nry intf lhr dcctrllic ltlcp*n tdr.n ti! cartn(t hl| lcdr ll[dl
CHANGE ORDER. 3 OF 3
File No. 2OO.2
KENT
CHANGE ORDER WORKSHEET NO. 01
Construction Engineering Division - Public Works
Downey Side Channel Restoratlon FlnaProiect: phase
Project Engineer: Melissa Dahl
Capital Projects
M,nnedcr, Jason BrYant
Project Not
Fed-Aid No:
Contractor:
18-3007.1
N/A
Olson Brothers
Date: 6/30/2022
I Chan e
is change order will correct unit labeling for bid item # 1015 Watering for Dust Control from 400 GAL
4OO MGAL.
II. Reason and Bac round for cha e
IIf. Method of Payment
NEW PAY ITEMS I rrrotappticabte
When the contract was originally put out for bid, the watering for dust control bid item was incorrectly
labeled GAL. All previous phases of this project were bid in MGAL's. This incorrect labeling resulted in
only 400 GAL of water at $48.00 per GAL; in other words, a typical 2,500 GAL water truck would cost the
City $120,000. Upon recognition of the error, the City and Olson Brothers entered into negotiations with
the City and Olson Bros. agreeing to amend the bid item measurement to MGAL with an increase of unit
cost to $78.00 per MGAL.
Sch.
No Item Description Total Est.
Otv Unit Unit Price Total Estimated Cost of
Item
I Watering for dust control 400 MGAL $78.00 $31,200,00
$
$
$
$
Page 1,
New Pay ltems Total: $31,2OO.OO
DELETE EXISTING PAY ITEM(S) per 1-09.5 [ trtotappricabre
Sch
Nrr-Bid Item No.Item Description Qty Unit Unit Price Cost of Item
I 101 5 Water for Dust Control 400 GAL $48.00 $( 19,200.00)
$
$
Delete Existing Pay Items Total: $ (19,20O.OO)
INCREASE/DECREASE TO EXISTING PAY ITEM(S) [ Notappricabre
Sch
No-Bid Item No.Item Description Qty Unit Unit Price Cost of Item
$
$
tncrease / Decrease to Existing Pay Items Total: $
*TOTAL ESTIMATED COST OF CHANGE ORDER:$r ooo.oo
x Total of the Cost of Item Columns
IV. WORKING DAYS
Original Contract:100 Due This Change Order:o Previous Total:100
Capital Projects Manager:
Capital Projects
Supervisor:
*TOTAL WORKING DAYS:100
x This Change Order + Previous Total
Iot j Date: 7-tt-22
Date: '?)L_
2z
t Barry
Construction Managen
Eric Connor
Page 2
Date:ilrb
BryA nt, Jason
From:
Sent:
lo:
Subiect:
Connor, Eric
Thursday, June 30, 20227:09 AM
Bryant, Jason
FW: Downey Watering for Dust Control
Eric Connal , Construction Engineering Manager
Phone 253-856-5533 | Cell 253-797'A693
CITY OF KENT, WASHINGTON
PLEA5E cONSIDER THE ENVIRONMEhIT SEFORg P!?INTING THIS e-ffar-L
From: Peterson, Kelly <KPeterson @ ke ntwa'gov>
Sent: WednesdaY, June 29, 2022 4:20 PM
To: Connor, Eric <EConnor@ kentwa.gov>
cc: Barry, Jason <JBarry@ kentwa.gov>; Bieren, cha d <cBie re n @ ke ntwa'gov>
Subject: RE: Downey Watering for Dust Control
Eric-
Please proceed with the change order.
Kelly
Kelly Peterson, AICP' Deputy Director-Engineering
Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5547 - Cell 253-740-8066
Kqeterson@ KentWA.t:ov
crTY oF KENT, WASHTNGTON
KentWA.sov Facebook ; ;', ., YouTube
PLEASE CONSXDFR ]Hg INVIROt\'MENT 8rf::ORg p[?IrrT!l!G 'l Hi5 E-s']AIl'
From : Co n nor, Eric <[Connol!Ql€q!]qggq\/>
Sent: Wednesday, June 29, 2022 3:30 PM
To: Peterson, Kelly <KPeterson@kentw.a'Fov>
Cc: Ba rry, Ja son <JBarrv@kentWa.sov>; Biere n, Chad <CBierql @ kentWo'goy>
Subject: FW: Downey Watering for Dust Control
Good Afternoon KellY,
In regards to the unit labeling issue on Downey, the contractor has agreed to revising our
estimated quantity of wateriig for Dust Control (BI 1015) to 400 MGal from 400 Gal. Along
with this quantity revision, the contractor is requesting a unit prige_rg^vision from $40'00 per Gal
to g7g.00 per M6al. This would result in an increased cost of $12,000 (assuming the final
quantity is 400 MGal). Based on pricing on previous phases we feel this is a reasonable price
per MGal for the work that is being performed'
Are we approved to proceed with a change order memorializing this change to our contract?
1
Please let me know if you have any questions or need any additional information'
Thank you,
Eflc
Eric Connor I Constructian Engineering Manager
Phone 253-856-5533 | Cell 253-797-o693
CITY OF KENT, WASHINGTON
PL€ASE COI!SIDER THE ENVIRONM€NT EEFORF PR:NTIN6 THIS E-MAIL
From: Bryant, Jason <JBrvant@kentwa'gov>
Sent: WednesdaY, June 29, 2022 L:24 PM
To: Ba rry, Jason <J Barrv@kentwa.gov>; Co n nor, Eric <E*qonllor@ keltw?.gov>
Cc: Harris, Josh <JHarris@hsntwa-q!:v>
Subject: FW: Downey fugitive dust control
Let take the deal!!
Jason Bryant, Capital Projects Manager
Construction Management I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5541 | Cell 253-261-5663
lBrvenl@Ken$ryA,ggv
CITY OF KENT, WASHINGTON
KentwA.gov Facebook ' .':;''-' YouTube
Fl,EA5! COi"JgIlltR Tllr i{\,lVllt{]i'{Met!r gEFoIis
''R:t{TtNG
i l'l1s r-MJ'!l'
Fro m : B ryce St u rro ck < brvces@ o lso n broth els. n.e t>
Sent: Wednesday, June 29, 2O22I:22 PM
To: Bryant, Jason <JBrvant@kgntwa.soy>
Cc: Jo n i Dombrowski < ionid @gJsonbrothe rs.net>; H arris, Josh <J Ha rris@ kgRtwa.ggy>
Subject: Downey fugitive dust control
I can agree to S7g.0O MGAL for the fugitive dust. This would Put the extension out to $31,ZOO'OO
BID:
r.015
Proposing
10L5 400 MGal
Let me know if this works for You.
400 Gal watering for dust control s+s.oo cat 519,200.00
2
EXTERNAL EMAIL
Thank you,
watering for dust control $78.00 MGal 531,200.00
Bryant, Jason
From:
Sent:
to:
Cc:
Subject:
Barry, Jason
Wednesday, June 29, 20221,'30 PM
Bryant, Jason; Connor, Eric
Harris, Josh
RE: Downey fugitive dust control
Let's have Mr. Connor send it overto corner, but I agree with you Jason
Thank you for coordinating,
Jason
Jason Barry, Capital Praiects Supervisor
Construction Management I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5546 | Cell 253-797'A462
ibarry@(qnt${A.qtlv
www.KentWA.oov n ft E
PLEASE CONSIDER THE ET{VIRONMENT BEFORE PRINTING THIS E-
MAIL
From: Bryant, Jason <JBryant@kentwa.gov>
Sent: Wednesday, June 29, 2O221,:24 PM
To: Ba rry, Jaso n <JBa rry@kentwa.gov>; Con nor, E ric <ECo n nor@ ke ntwa.gov>
Cc: Ha rris, Josh <J Harris@kentwa.gov>
Subject: FW: Downey fugitive dust control
Let take the deal!!
Jason Bryant, Capital Projects Manager
Construction Management I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5541 | Cell 253-251-5663
JBrvait@KentWA,oov
CITY OF KENT, WASHINGTON
KentwA.gov Facebook ..'\1::,: YouTube
Pl-F,l$€ tOi{SIrrFl{ fHE kllVTRONl4€ftf gLFORf PR!ftftir€ fHl5 F-IvlAiL
Fro m : B ry ce St u rro ck < lr ryce t.(Qqlgol-blg!-hels.-0el>
Sent: Wednesday, June 29, 2O22 L:22 PM
To: Bryant, Jason <lBrvant@kentwa.gov>
Cc: Jo ni Dom browski <ionid@olsonbrothers.net>; Ha rris, Josh <JHarris@kentwa.eov>
Subject: Downey fugitive dust control
KENT
Bryant, Jason
From:
Sent:
fo:
Cc:
Subject:
Barry, Jason
Tuesday, June 21, 2022 2:53 PM
Bryant, Jason
Connor, Eric; Harris, iosh
RE: Downey watering numbers
Jason Barry, capital Proiects Supervisor
Construction Management I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5546 | Cell 253-797'A462
ibarrv@KentWA.oov
wwr r.KentwA.oov B t,? I
PLEASE CONSIDER THE ENVTRONMENT BEFORE PRTNTING THIS E-
MAIL
High probability we're gonna need to look at options that do not include water as dust control if
[hey don't play, think a typical water truck tank holds 3,000 gallons or better.
We pay hydroseed escalation if they let us put an M in front of 9al? Oh boy.,. let's discuss in
morning.
T-hanks,
lason
KENT
*.tnrx&tgx
:rom: Bryant, Jason <JBryant@kentwa.gov>
ient: Tuesday, June 21.,2022l-1:1L AM
lo: Barry, Jason <JBarry@kentwa.gov>
)c: Connor, Eric < EConnor@ ke ntwa.gov>; Ha rris, Josh <J Harris@ ke ntwa'gov>
iubject: FW; Downey watering numbers
lason,
had a discussion with Bryce from Olson this morning. We discussed how we were going to split
,he time for the water truck. They have been using for street cleaning and dust control. During
)ur discussion we realized that bid item # 1015 watering for dust control only has 400 gallons as
I quantity. In the previous projects this item was paid as Mgal. I will negotiate with Bryce and
iee if we can change the bid item to Mgal . If we can come to an agreement I will write a change
lrder, I'll let you know how the discussion goes'
lelow is what we spent in the past,
Bryant, Jason
From:
Sent:
To:
Cc:
Subject:
Attachments:
Bryant, Jason
Tuesday, June 21, 2022 11:1 1 AM
Barry, Jason
Connor, Eric; Harris, Josh
FW: Downey watering numbers
pE 2 - Downey4 18-3007.1D20A74.x1sx; Pay FINAL 2 - Downey Farmstead Restoration
Phase 3 .xlsx; Pay 6 FINAL - Downey Naden 'l90503.xlsx; Pay FINAL 2 - Downey
Farmstead Restoration Phase 3.xlsx; PE 4 FINAL - Downey 2-2AO1O9.xlsx; PE 2 FINAL
PAYMENT Downey 2b.xlsx
Jason,
I had a discussion with Bryce from Olson this morning. We discussed how we were going to split
the time for the watertruck. They have been using for street cleaning and dust control. During
our discussion we realized that bid item # 1015 watering for dust control only has 400 gallons as
a quantity. In the previous projects this item was paid as Mgal. I will negotiate with Bryce and
see if we can change the bid item to Mgal . If we can come to an agreement I will write a change
order. I'll let you know how the discussion goes'
Below is what we spent in the past.
Thank you,
Jason Bryant, Capital Proiects Manager
Construction Management I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5541 | Cell 253-25r-5663
lBrvant@KentWA.gov
ctTY oF KENT, WASHTNGTON
KentWA.gov Facebook ': t i . :. YouTube
PLEASE co'{$IDiR THE gNV:RONMENT BEFORE .'RINTTNG IHIS E-FiAIL
From: Dahl, Melissa <MDahl@kentwa.gov>
Sent: Tuesday, June 2I,2422 9:52 AM
To: Bryant, Jason <JBryant@kentwa.gov>
Cc: Harris, Josh <JHarris@kentwa.gov>
Subject: Downey watering numbers
Hello Jason,
I looked into what we've used in past years for watering and here's what we're looking at:
. Phase 1 (Downey/Nadan) (2018): 12 MGal - unit price $0.0l/MGal
r Phase 2 QAL9): 6.1 MGal - unit price $SO/MGal
Bryant, Jason
r16m:
Sent:
To:
Cc:
Subject:
Attachments:
Dahl, Melissa
Tuesday, June 21, 20229:52 AM
Bryant, jason
Harris, Josh
Downey watering numbers
pE 2 - 6owney 4 18-3007.1D20074.x1sx; Pay FINAL 2 - Downey Farmstead Restoration
phase 3 .xlsx; Pay 6 FINAL - Downey Naden 190503 .xlsx; Pay FINAL 2 - Downey
Farmstead Restoration Phase 3 .xlsx; PE 4 FINAL - Downey 2 - 20A109 'xlsx; PE 2 FINAL
PAYMENT Downey 2b.xlsx
Hello Jason,
I looked into what we've used in past years for watering and here's what we're looking at
o Phase 1 (Downey/Nadan) (2018): 12 MGal - unit price $0.0l/MGal
o Phase 2 (20t9): 6.1 MGal - unit price $SO/MGal
r Phase 2b (2019): 87 MGal - unit price $45lMgal
r Phase 3 (2O2q: 200 MGal - Unit Price $77.IS/MGal
c Phase 4 (202I)i L92 MGal - unit price $aQlMGal
r Final Phase (2022): 40.0 GAL - unit p.rice $a8lcal
Thanks,
Melissa Dahl EIT, Environmental Engineer II
Design Engineering I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-6511 | Cell Phone 2O6'4A2-446L
MDahl@KentWA.oov
CITY OF KENT, WASHINGTON
KentwA.sov Facebook l'..i,,i..' YouTube Ingtacram
1
Bryant, Jason
Let take the deal!!
Jason Bryant, Capital Projects Manager
Construction Management I Public Works Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-s541 | Cell 253-261-s663
l8rvant(OKentWA.oov
CITY OF KENT, WASHINGTON
KentWA.gov Facebook l,rlr'i.,-'i YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PNINTING THIS E-MAIL
From: Bryce Stu rrock <bryces@olsonbrothers' net>
Sent: Wednesday, June 29, 2022I:22 PM
To: Bryant, Jason <JBryant@kentwa.gov>
Cc: Joni Dombrowski <jonid@olsonbrothers.net>; Harris, Josh <JHarris@kentwa.gov>
Subject: Downey fugitive dust control
From:
Sent:
To:
Cc:
Subject:
BID:
1015
Proposing
1-015 400 MGal
Let me know if this works for you.
Thank you,
troa rromilro tla
?Edt ll?^ !t" E' Futrlkst lVA. E03tt
omc.! (2sxt T?*se{4 FtE lil53l ?70-13{6
grqco Sturrock
utt: (LqV)-V4V-4b50
400 Gal watering for dust control
Bryant, Jason
Wednesday, June 29, 20221:24 PM
Barry, Jason; Connor, Eric
Harris, Josh
FW: Downey fugitive dust control
watering for dust control
548.00 Gal 519,200'00
578.00 MGal 531,200.00
I can agree to $ZS.OO MGAL for the fugitive dust. This would put the extension out to 531,200'00
€t
EXTERNAT EMAIL