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HomeMy WebLinkAboutCAG2022-029 - Change Order - #5 - Long Painting Company - 6MG1 Reservoir Recoating & Vent Replacement - 03/17/2023 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. W A s H a N o T o N (Print on pink or cherry colored paper) Originator: Department: C. Frame PW Engineering Date Sent: Date Required: > 4/18/2023 N/A 0 b. aAuthorized to Sign: Date of Council Approval: Ck ©Director or Designee 0 Mayor 1/24/2022 Budget Account Number: Grant? ❑Yes 0 No W20091.64110.330 Budget? ©Yes ❑No Type: N/A Vendor Name: Category: Long Painting, Co. Contract Vendor Number: Sub-Category: C 1589103 Change Order#5 aProject Name: 6MG1 Reservoir Recoating and Vent Replacement E Project Details:Site supervision time and labor to reinstall shrinkwrap. C C 0 E Agreement Amount:$107,659.51 Basis for Selection of Contractor: Bid d► AStart Date: N/A Termination Date: 210 Working Days a Local Business? ❑Yes 0 No* *If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Notice required prior to disclosure? Contract Number: ❑Yes 0 No CAG2022-029 Date Received by City Attorney: Comments: ch C i+ 3 � N CC % p� Date Routed to the Mayor's Office: H Date Routed to the City Clerk's Office: adaW22313_I-0 Visit Documents.KentWA.gov to obtain copies of all agreements KE •NT W A 5 H I N G T O N CHANGE ORDER NO. 5 NAME OF CONTRACTOR: Long Painting Company ("Contractor") CONTRACT NAME & PROJECT NUMBER: 6MG1 Reservoir Recoating and Vent Replacement ORIGINAL CONTRACT DATE: January 24, 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: Reinstall shrinkwrap $89,387.47-COP #LPC-09.3 (partial) and site supervision time 108hrs at $77.74/hr-$8,395.92 consolidated estimate (partial). 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, $3,022,229.32 (including applicable alternates and WSST) Net Change by Previous Change Orders $112,708.88 (inch applicable WSST) Current Contract Amount $3,134,938.20 (incl. Previous Change Orders) Current Change Order $97,783.39 Applicable WSST Tax on this Change $9,876.12 Order Revised Contract Sum $3,242,597.71 CHANGE ORDER - 1 OF 3 Original Time for Completion 180 working days (insert date) Revised Time for Completion under 200 working days prior Change Orders (insert date) Days Required (f) for this Change Order 010 working days Revised Time for Completion 210 working days (insert date) 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: CITY OF KENT: Chad Bieren Chad Bleren 2023.03.17 By: By: 15:53:42-07'00' (signature) (signature) Pl t Name: Bill Newcomb Print Name: Chad Bieren,P.E. Its President `,�� Its Public Works Director / (title) �� (title) DATE: 3[ Jb 0.23 DATE: EC KP CHANGE ORDER - 2 OF 3 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) � C i� Kent City Clerk Kent Law Department C[tn this field,you may enter the electronic hlepath where the contract has been saved] CHANGE ORDER - 3 OF 3 File No. 200.2 KEN CHANGE ORDER WORKSHEET NO. 5 Construction Engineering Division - Public Works M Reservoir ecoating an Vent Project No: 20-3006 Project: Replacement Project Engineer: Gray & Osborne Fed-Aid No: Capital Projects Brian Shields Contractor: Long Painting Company Manaaers Date: 2/14/2023 I. Proposed Change Containment Shrinkwrap installation: Magnum - Reinstall Shrinkwrap: $89,387.47 COP# LPC-09.3 (partial) Site Supervision Time: 108hrs @ $77.74/hr = $8,395.92 Consolidated Estimate (partial) II. Reason and Background for Change The original contract included providing tank containment, however the originally placed containment shrinkwrap was damaged due to several severe weather events. It was agreed between the contractor and the City of Kent for the damaged shrinkwrap be removed and reinstalled when the weather improves. This change is to cover the cost of recontaining the tank. III. Method of Payment NEW PAY ITEMS ❑Notapplicable Sch. Item Description Total Est. Unit Unit Price No Total Estimated Cost of Item I Magnum - Reinstall Shrinkwrap 1 LS $89,387.47 $89,387.47 I LPC Impacted Foreman 108 HR $77.74 $8,395.92 New Pay Items Total: $97,783.39 I DELETE EXISTING PAY ITEMS) per 1-09.5 �Notapplicable Sch TBid Item No. Item Description Qty Unit Unit Price Cost of Item No. i $ - I $ - I Delete Existing Pay Items Total: $ - Page 1 INCREASE/DECREASE TO EXISTING PAY ITEMS) ❑J Not applicable Sch Bid Item No. Item Description Qty Unit Unit Price Cost of Item No. 7 $ Increase / Decrease to Existing Pay Items Total: $ - *TOTAL ESTIMATED COST OF CHANGE ORDER: $97,783.39 * Total of the Cost of Item Columns IV. WORKING DAYS Original Contract: 180 Due This Change Order: 10 Previous Total: 200 Explanation/Justification for Additional Working Days: The work contained within this change order has an anticipated ten (10) working day duration. *TOTAL WORKING DAYS: 210 *This Change Order + Previous Total Capital Projects Manager: Date: Brian Shields Construction Engineering Date: Supervisor: ✓ 3/�y� ,j?�,,Ja on Barry Construction Manager: Date: E is Connor Page 2 PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. Public Works Director 400 West Gowe Kent, WA 98032 KEN T Fax: 253-856-6500 WASHINGTON PHONE: 253-856-5500 Memorandum Date: February 14, 2023 To: Kelly Peterson, Deputy Director of Public Works From: Eric Connor, Construction Engineering Manager Jason Barry, Construction Engineering Supervisor Brian Shields, Capital Projects Manager Subject: 6MG1 - Change Order no. 5: Containment Shrinkwrap Installation Long Painting Company proposed pricing for the reinstallation of containment shrinkwrap in part on COP LPC-09.3. After reviewing the COP, it was determined that the quote for Magnum (subcontractor) to perform this work was fair and accurate. Long's foreman impacted time was estimated based on the anticipated duration of this work. Attached to this packet is COP LPC-09.3, and an estimate built by Brian Shields. 6MG1 Rewrap Containment Estimate Magnum - Reinstall Shrinkwrap $73,394.00 cop3 Taxes(10.1%) $7,412.79 Total prior to markup $80,806.79 12% markup<$25,000 $3,000.00 10% markup$25,000 to$100,000 $5,580.68 Subtotal Magnum $89,387.47 hrs $/hr Long Foreman 108 $59.34 6408.72 31% labor markup 1986.70 subtotal Long 8395.42 Total for rewrap $97,782.90 Hrly Site Supervision w/markup $ 77.74 108 hrs $77.74 $ 8,395.92 1/31/2023 6MG 1 reservoir Recoating and vent Replacement LPC Job# L220004 City of Kent Project Number:20-3006 Date: 1/31/2023 LONG COP# LPC-09-3 PAINTING COMPANY'.. Change order proposal to summarize costs and impacts from two weather events: SECTION 3-COMPLETION WORK AND IMPACTS ASSOCIATED WITH CONTAINMENT DAMAGE Completion Activities: 1)Reinstall center tower and supports,reinstall shrink wrap,pressure wash tank, field supervision for rebuilding scaffolding and pressure washing. Impacted Activities: 1)Exterior Blasting: Containment was damaged during act of god event on October 27. In order to complete work LPC had to build a smaller containment and condition the space to complete abrasive blasting and prime coating on lower section of tank. 2)Sand Clean Up-After containment was damaged there were several rain storms and rain water entered the tank. The water from the rain storms mixed with the spent abrasive and created a hardened consistency that required manual labor to remove. 3)Pressure Washing-The spent abrasive dust that was contained in the work area became wet and hardened on the tank which required a thorough pressure wash that was completed in early January. A smaller pressure washing operation is Cost-Labor Desc Hours Rate ro Site Supervision 108 hrs n$59.34=$6,408.72 j Impacted Sand -Composite Rate 1137.0 $70 .340.42 p �% Impacted Exterior Blasting�January 27 7.30 $18,305.60 Wi 31% Markup = $8,395.42 Impacted Foreman-Comp329.0 $79.02 $25,997.58 Foreman-Scaffold Rebuild .0 $79.02 $10,272.60 Pressure Wash Ext 248.0 55 $12,784.40 Pressur xtedor Tank-Future Work 100.0 $67.3 30.00 V;orgman-Pressure Wash Supervision 20.0 $79.02 $1,58 . Total Cost-Labor $156,011.0 Mark up on Labor 31% 63.41 Total for Labor 4' Cost-Materials Description 71 $ tyUnit Price Total $ - $0.00 $ $0.00 - $0.00 Total Cost-Materials $0.00 Mark up on material 21% $0.00 Total for Materials $0.01 Cost-Equipment Des Quantity Unit Rate Pressure Washer- a 2 o.00 $1,500.00 Pressure Washer-Future Work EA $750.00 $750.00 $0.00 $0.00 quipment $2,250.0 Mark up on equipment 21% 2.50 Total for Equipment ' Cost-Subcontractors Description Quantity I Unit Rate Total Magnum-Reinstall Shrinkwrap 1 LS $73,394.00 $73,394.00 Total Cost-Subcontractors 2,017.7 Mark up on Subcontractors 12% $1 13 Total for Equipment 47,859.8 Sub Total Labor,Materials,Equipment,Subcontractors 6 GL Insurance&Bonding covered in markup per contract $0.00 Total Cost 1/31/2023 LPC COP 93 Lf1 N w w M M N Q Ln O X w w M M 00 yr tit o � � M Q w w cli Q Q Lf) Z a,Q F- N Q W 09 O Q F m M z d 09 W �-{ Z_ n !'I W Q ri r» > > N F- Z ", o CJ wQLA W LL m LLI LL m QLA N ~ O n n a Q ¢ o rLU J m V � Q U N N Q ^ a m m H w M Z w co U1 w w ct Qa m w m Z O a t%f U ,V LLI w UJ Z Z N uj LO (D 4 z ,v w C v a W Z Q a� 0OU9.0 (/) OCs :01 T)N NO O Q N C c ti U760 0.N iii t: N N 0 3 16 ni coco c N 0 � ffl fA � 'L7 C "t O C N CO O N E9 60 Q L = L N O M N V9 00 co O O (O N C N Cl) O CO+M m Cl (O O V' N d9 m m T _O N OD O 0 a 0 I O co 0> O W ro LO co v9 vi (n v9 in a00 0) R V COO 0 �6a � CO � (n 0 0 00 0 0 0 Cl) CDN O O O O O O O O O O O _ O CD O O O O O O N O) O O O O O ol Cl O O O O O O .- O O O O O O O O O O O Cl O O O O O O .- O O O O O O O O O O - O O O O O O O O O O O O O O d O o W cr O W 00 LO Q Q O C) a Z-i W a� �O o m a m w- o k U U k' O _ k 0 Y1 m L' a'� cn 01 V m - O C_C G_ N W N 0 l0 C7) (0 ` m a ac a o ui Q a in Y ec YLL Change Order 4 NUM Date: 12/9/2022 Owner: CONSTRUCTION SERVICES Customer: Long Painting Project: Kent Tank Change Order No: 4 You are directed to make the following changes in this contract: Date Description of Change Order Work T/M 00 Reinstall all shrinkwrap to sides and lid $73,394.00 Subtotal: S92,59_.a.^ WSST.( 10.25%: Total amount of this Change Order: $9�694pa Subcontractor: Customer: Magnum Construction Services Long Painting Company name Company name 12822 HWY 99,Everett WA -Ad dress Address Snohomish,WA 98296 City,State,Zip City,State,Zip By: By: Date: Date: Shields, Brian From: Connor, Eric Sent: Thursday, March 9, 2023 7:09 AM To: Shields, Brian Cc: Barry,Jason Subject: FW: 6MG1 Reservoir-Tank Containment Reinstallation 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: Bieren, Chad <CBieren@kentwa.gov> Sent:Wednesday, March 8, 2023 6:15 PM To:Connor, Eric<EConnor@kentwa.gov>; Peterson, Kelly<KPeterson@kentwa.gov> Cc: Barry,Jason <JBarry@kentwa.gov> Subject: RE: 6MG1 Reservoir-Tank Containment Reinstallation Eric, Thank you for the follow-up discussion on the tax issue, very helpful. Please proceed with the change order at $97,782.90 to include the corrected tax collection. Thank again, Chad 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 Cal KentWA.gov CITY OF KENT,WASHINGTON KentWA.gov Facebook YouTube Instagram From:Connor, Eric<EConnor@kentwa.gov> Sent:Wednesday, March 8, 2023 1:28 PM To: Bieren, Chad <CBieren kentwa.gov>; Peterson, Kelly<KPeterson kentwa.gov> Cc: Barry,Jason <JBarry@kentwa.gov_> Subject: RE: 6MG1 Reservoir-Tank Containment Reinstallation Good Afternoon, Did you get an opportunity to take a look at the below and the attached emails? Please let me know if you have any questions. Thank you, i Eric 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:Connor, Eric Sent:Tuesday, March 7, 2023 2:03 PM To: Bieren, Chad <CBieren kentwa.sov_>; Peterson, Kelly<KPeterson@kentwa.eov> Cc: Barry,Jason <1Barry kentwa.gov> Subject: RE: 6MG1 Reservoir-Tank Containment Reinstallation Good Afternoon Kelly and Chad, You may recall, that there were disagreements between our staff and the contractor on how use/sales taxes should be incorporated into the change orders we have been negotiating with the contractor on 6MG1. After multiple meetings and conversations with internal staff, the contractor's financial folks, the DOR, and auditors we have concluded that the number below is not properly accounting for required tax payments. Our CO amount to LPC for the tank containment reinstallation should actually be $97,782.90. Breakdown is included below. Are you okay with proceeding with a change order in this amount? 1 6MG1 Rewrap Containment Estimate 2 3 Magnum- Reinstall Shrinkwrap $73,394.00 eop3 4 Taxes(10.1%) $7,412.79 5 Total prior to markup $80,806.79 6 12% markup<$25,000 $3,000•00 7 10% markup$25,000 to$100,000 $5,.580.68 8 Subtotal Magnum $89,387.47 9 hrs $/hr 10 Long Foreman 108 $59.34 6408.72 11 31%labor markup 1986.70 12 subtotal Long 8395.42 13 14 15 Total for rewrap $97,782.90 16 17 Please let me know if you have questions or need any additional information. Thank you, , Eric 2 Shields, Brian From: Charles Pham <charlesp1 @longpainting.com> Sent: Tuesday, March 7, 2023 5:07 PM To: Shields, Brian Cc: Barry, Jason Subject: RE: 6MG1 - Reinstallation of Shrink Wrap cost EXTERNAL EMAIL Brian, This looks correct with the TAX ADDED. Keep in mind this is a portion of the costs submitted it sounds like you need some time to work through the other cost proposals I sent to you. Can we commit to getting all the cost proposals/change orders settled in time for a March billing? Thanks, Charles Pham Industrial Group Manager LONG PAurrtM OOMPANY char1esp16a41on ainting.com 21414 68th Ave S Kent, WA 98032 (800)678-5664 (253)234-8096 Direct (206)718-8745 Cell www.longpainting.com From:Shields, Brian<BShields@kentwa.gov> Sent:Tuesday, March 7, 2023 10:31 AM To: Charles Pham <charlespl@longpainting.com> Cc: Barry,Jason<J Barry@ kentwa.gov> Subject: 6MG1- Reinstallation of Shrink Wrap cost Caution!This message was sent from outside your organization. Allow sender I Block sender 1 Charles, See below table for the totals, with taxes and markups, for reinstalling the shrink wrap. To get the site supervision hourly cost, I used certified payroll weighted cost, plus 31% markup. I allotted 108 hours based on estimated Magnum site time according to recent schedules. The Long Foreman/site supervision will be paid for as a unit measurement by the HR based on hours actually worked for modifying the scaffolding and for rewrapping the tank. Troy/foreman is not on site today and was not there yesterday. I'll be checking in daily to accurately account for this item. Please let me know that Long agrees to the below totals for creating what will be Change Order 5 for the reinstallation of the shrink wrap. 1 6MG1 Rewrap Containment Estimate 2 3 Magnum-Reinstall Shrinkwrap $73,394.00 cop3 4 Taxes(10.1%) $7,412.79 5 Total prior to markup $80,906.79 6 12% markup<$25,000 $3,000.00 7 10% markup$25,000 to$100,000 $5,580.68 8 Subtotal Magnum $89,387.47 9 hrs $/hr 10 Long Foreman 109 $59.34 6408.72 11 31%labor markup 1986.70 12 subtotal Long 8395.42 13 14 15 Total for rewrap $97,782.90 16 17 Brian Shields, Capital Projects Manager Construction Management I Public Works Department 220 4th Avenue South, Kent, WA 98032 Main/Cell 253-293-4973 1 Desk 253-856-6510 bshields0)KentWA.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook YouTubg 2