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HomeMy WebLinkAboutCAG2022-354 - Change Order - #1 - Key Peninsula Construction, LLC - Commons Community Garden ADA Ramp & Fencing - 12/22/2022Ap p r o v a l Originator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Date Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n Vendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20200218 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached N/A N/A KateLynn Jennings for Michael Espenan Parks, Recreation & Community Services 12/15/2022 Soonest possible please 4 N/A P21064 4 4 N/A Contract 2475857 Change Order 0 8/29/2022 Other 6/30/2023 4 4 4 CHANGE ORDER - 1 OF 3 CHANGE ORDER NO. 1 NAME OF CONTRACTOR: Key Peninsula Construction, LLC (“Contractor”) CONTRACT NAME & PROJECT NUMBER: Commons Community Garden ADA Ramp and Fencing ORIGINAL CONTRACT DATE: 08/29/2022 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: Extend Substantial Completion Date 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, (including applicable alternates and WSST) $115,058.90 Net Change by Previous Change Orders (incl. applicable WSST) N/A Current Contract Amount (incl. Previous Change Orders) $115,058.90 Current Change Order $0.00 Applicable WSST Tax on this Change Order N/A Revised Contract Sum N/A CHANGE ORDER - 2 OF 3 Original Time for Completion (insert date) 10/31/2022 Revised Time for Completion under prior Change Orders (insert date) N/A Days Required (±) for this Change Order 242 Working days Revised Time for Completion (insert date) 06/30/2023 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. Although the term of the agreement expired by its own terms on 10/31/2022, the parties agree to compensate Contractor for work previously unbilled but performed prior to 06/30/2023. For that limited purpose the Agreement is reinstated and amended as provided for by this Change Order. 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: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: __________ Its _____ DATE: Terry Jungman (Dec 15, 2022 10:09 PST) Terry Jungman Terry Jungman Parks Planning and Development Manager 12/15/22 Rebecca A Jones (Dec 22, 2022 13:37 PST) Rebecca A Jones rebecca a jones president Key Peninsula Construction 12/22/22 CHANGE ORDER - 3 OF 3 ATTEST: _______________________________ Kent City Clerk [In this field, you may enter the electronic filepath where the contract has been saved] Signature: Email: Melissa McCormick (Dec 23, 2022 07:08 PST) Melissa McCormick cityclerk@kentwa.gov E-TRANSMITTAL: KeyPenConstr-ADAandFenci ng-CHANGE ORDER 1 Final Audit Report 2022-12-23 Created:2022-12-15 By:KateLynn Jennings (kjennings@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAsp4npbTVmfoHJ0dS3KeN3aju5V6XdAfQ "E-TRANSMITTAL: KeyPenConstr-ADAandFencing-CHANGE ORDER 1" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2022-12-15 - 5:47:56 PM GMT- IP address: 146.129.252.126 Document emailed to tjungman@kentwa.gov for signature 2022-12-15 - 5:50:18 PM GMT Email viewed by tjungman@kentwa.gov 2022-12-15 - 6:09:31 PM GMT- IP address: 146.129.252.126 Signer tjungman@kentwa.gov entered name at signing as Terry Jungman 2022-12-15 - 6:09:55 PM GMT- IP address: 146.129.252.126 Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date: 2022-12-15 - 6:09:57 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to keypenconstruction@gmail.com for signature 2022-12-15 - 6:09:58 PM GMT Email viewed by keypenconstruction@gmail.com 2022-12-22 - 9:35:16 PM GMT- IP address: 208.53.119.196 Signer keypenconstruction@gmail.com entered name at signing as Rebecca A Jones 2022-12-22 - 9:37:32 PM GMT- IP address: 208.53.119.196 Document e-signed by Rebecca A Jones (keypenconstruction@gmail.com) Signature Date: 2022-12-22 - 9:37:34 PM GMT - Time Source: server- IP address: 208.53.119.196 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2022-12-22 - 9:37:35 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2022-12-23 - 0:26:03 AM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2022-12-23 - 0:26:11 AM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to cityclerk@kentwa.gov for signature 2022-12-23 - 0:26:12 AM GMT Email viewed by cityclerk@kentwa.gov 2022-12-23 - 3:07:35 PM GMT- IP address: 146.129.252.126 Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2022-12-23 - 3:07:59 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2022-12-23 - 3:08:01 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-12-23 - 3:08:01 PM GMT