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HomeMy WebLinkAboutCAG2022-146 - Change Order - #5 - Olson Brothers Excavating, Inc. - Downey Side Channel Restoration Final Phase - 12/13/2022Z c O a E L O C C 4J E O N 3- CM a. LIE Agreement Routing Form For Approvals, Signatures and Records Management KENT This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms. WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Stephanie Anderson PW Engineering Date Sent: Date Required: 12/20/2022 N/A Authorized to Sign: Date of Council Approval: 121 Director or Designee Mayor 4/5/2022 Budget Account Number: Grant? El Yes No D20074.64110.330 Type: N/A Vendor Name: Category: Olson Brothers Excavating, Inc. Contract Vendor Number: Sub -Category: Change Order 5 Project Name: Downey Side Channel Restoration Final Phase Project Details: Increase quantity under bid item 1015 Watering for Dust Control from 400 MGAL to 924 MGAL at a unitpriceof $78.00 per MGAL paid under C0#1, balance will be paid under CO #5. Agreement Amount: $45,000.07 Basis for Selection of Contractor: Bid Start Date: 4/15/2022 Termination Date: 110 working days Local Business? Yes No* Ifineets requirements per KCC 3.70.100, please complete "Vendor Purchase -Local Exceptions" form on Cityspoce. Notice required prior to disclosure? Yes []No Date Received by City Attorney: Date Routed to the Mayor's Office: Date Routed to the City Clerk's Office: Contract Number: CAG2022-146 Comments: adccW22373 , 20 Visit Documents.KentWA.gov to obtain copies of all agreements KEN T W A 5 H 1 N G T O N CHANGE ORDER NO. #5 NAME OF CONTRACTOR: CONTRACT NAME & PROJECT NUMBER ORIGINAL CONTRACT DATE: Olson Brothers Excavatina. Inc ("Contractor") Downev Side Channel Restoration Final Phase. April 15, 2022 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 makes the following revisions to the contract and provides for increased quantities: Increase quantity under bid item 1015 Watering for Dust Control from 400 MGAL to 924 MGAL at a unit of 78.00 per MGAL. 400 MGAL paid under CO #1, balance will be paid under CO #5. 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, $3,129,996.84 including applicable alternates and WSST) Net Change by Previous Change Orders $119,975.60 incl. applicable WSST) Current Contract Amount $3,249,972.44 incl. Previous Change Orders) Current Change Order $40,872.00 Applicable WSST Tax on this Change $4,128.07 Order Revised Contract Sum $3,294,972.51 CHANGE ORDER - 1 OF 3 Original Time for Completion insert date) Revised Time for Completion under prior Change Orders insert date) 100 working days 110 working days Days Required (f) for this Change Order 10 calendar days Revised Time for Completion insert date) 110 working 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 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: ae.wv.s a er e,v=• SN,rccM Bryce Stu rrockB pn,' y ( signature) Print Name: Bryce Sturrock Its Estimator / PM title) DATE: 12/8/2022 CITY OF KENT: Digitally signed by Chad Bier,, Chad DN: C=US, E=cbieren@kentwa.gov, Bieren O=City Kent, OU=Public Works, By: CN=Chadad Bieren Date: 2022.12.13 10:15:30-08'00' signature) Print Name: Chad Bieren, P.E. Its Public Works Director title) DATE: AF EC KP CHANGE ORDER - 2 OF 3 ATTEST: Kent City Clerk C[In this field, you may enter the electronic filepath where the contract has been saved] APPROVED AS TO FORM: applicable if Mayor's signature required) Kent Law Department CHANGE ORDER - 3 OF 3 File No. 200.2 ter-/ KEN T W.. H...... CHANGE ORDER WORKSHEET NO. 05 Construction Engineering Division - Public Works Project: Downey Side Channel Restoration Final Phase Project No: 18-3007.1 Project Engineer: Melissa Dahl Fed -Aid No: N/A Capital Projects Jason Bryant Contractor: Olson BrothersMana"r: Date: 10/18/2022 I. Proposed Change This change makes the following revision to the Contract and provides compensation for increased quantities: Increase quantity under bid item 1015 Watering for Dust Control from 400 MGAL to 924_MGAL at a unit price of $78.00 per MGAL. 400 MGAL paid under CO 1, balance paid under CO 5. II. Reason and Background for Change Reference Change Order 1. 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. Extremely dry seasonal weather conditions required additional quantity above the previously estimated 400MGAL in order to complete the project. III. Method of Payment NEW PAY ITEMS Notapplicable Sch No Item Description No I Watering for dust control TotQatYEst. Unit Unit Price MGAL $78.00 I l I New Pay Items Total: 524 Total Estimated Cost of Item 40,872.00 40,872.00 Page 1 V DELETE EXISTING PAY ITEM(S) per 1-09.5 El Not applicable Sch Bid Item No. Item Description Qty Unit ( Unit Price Cost of Item No. Delete Existing Pay Items Total: $ - INCREASE/DECREASE TO EXISTING PAY ITEM(S) O Notapplicable Sch Bid Item No. Item Description Qty Unit 1 Unit Price Cost of Item No. Increase / Decrease to Existing Pay Items Total: $ TOTAL ESTIMATED COST OF CHANGE ORDER: 1 $40,872.00 Total of the Cost of Item Columns IV. WORKING DAYS Original Contract: 1 100 Due This Change Order: 0 Previous Total: 100 Capital Projects Manager: Capital Projects Supervisor: TOTAL WORKING DAYS: 100 This Change Order + Previous Total asoxi Bryant Von rry Construction Manager: Eric Connor Date: z ,_ Date: L Zy Date: y Z Page 2 Connor, Eric From: Bieren, Chad Sent: Tuesday, October 18, 2022 4:47 PM To: Connor, Eric Subject: RE: Downey- Additional Water for dust control Thanks for the heads up! Chad Bieren, P.E. Public Works Director Engineering Administration I Public Works Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5534 1 Cell 253-740-9139 cbieren(a KentWA.00v CITY OF KENT, WASHINGTON KentWA.QOV Facebook YouTube Instaoram From: Connor, Eric <EConnor@kentwa.gov> Sent: Tuesday, October 18, 2022 3:36 PM To: Bieren, Chad <CBieren@kentwa.gov> Subject: FW: Downey- Additional Water for dust control FYI... Eric Connor, Construction Engineering Manager Phone 253-856-5533 1 Cell 253-797-0693 CITY OF KENT, WASHINGTON PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: Bryant, Jason <JBrvantPkentwa.gov> Sent: Tuesday, October 18, 2022 2:54 PM To: Barry, Jason <JBarrv(«kentwa.gov> Cc: Connor, Eric <EConnorPkentwa.gov>; Harris, Josh <JHarris(a)kentwa.gov> Subject: Downey- Additional Water for dust control Jason, Attached is the change order for the additional water for dust control for your review/edit. The original change order only had a quantity of 400 MGAL. We have used 924 MGAL to date. I have put the original in the P Drive: P:\Public\PROJECTS\_In Construction\18-3007.1 Downey Final phase\200 Measurement & Payment\200.2 Change Orders With Engineer's Estimates\CO- 005 Additional Water for dust control Thank you, Jason Bryant, Capital Projects Manager Construction Management I Public Works Department 220 Fourth Avenue South, Kent, WA 98032