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HomeMy WebLinkAboutCAG2022-029 - Change Order - #7 - Long Painting Company - 6MG1 Reservoir Recoating & Vent Replacement - 04/26/2023 Agreement Routing Form 40 • For Approvals,Signatures and Records Management ENT This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. K W A S H I N G T O N (Print on pink or cherry colored paper) Originator: Department: C. Frame PW Engineering Date Sent: Date Required 4/24/2023 5/1/2023 O C Authorized to Sign: Date of Council Approval: Q ❑Director or Designee 0 Mayor 1/24/2022 Budget Account Number: Grant? ❑Yes El No W20091.64110 330 Budget? 0 Yes ❑No Type: N/A Vendor Name: Category: Long Painting, Co. Contract Vendor Number: Sub-Category: c 1589103 Change Order#7 O Project Name: 6MG1 Reservoir Recoating and Vent Replacement to a. c Project Details:Scaffolding Rental *+ c to EAgreement Amount: $42,786.61 Basis for Selection of Contractor: Bid Go 01 Start Date: N/A Termination Date: 230 Working Days Q Local Business? ❑Yes ❑No* *Ifineets requirements per KCC3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Notice required prior to disclosure? Contract Number: ❑Yes El No CAG2022-029 Date Received by City Attorney: Comments: Im C 30 L KENT LAW DEPT. .a Cps Date Routed to the Mayor's Office: iA Date Routed to the City Clerk's Office: adccW22373 1 20 Visit Documents.KentWA.gov to obtain copies of all agreements ■ KENT WASH NOTON CHANGE ORDER NO. 7 NAME OF CONTRACTOR: Long Painting Company ("Contractor") { CONTRACT NAME & PROJECT NUMBER: 6MG1 Reservoir Recoating and Vent Rel2lacement 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: Scaffold Rent Magnum Rent: 181 days @ $214.70 = $38,861.59. 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 $305,587.60 (incl. applicable WSST) Current Contract Amount $3,327,816.92 (incl. Previous Change Orders) Current Change Order $38,861.59 Applicable WSST Tax on this Change $3,925.02 Order Revised Contract Sum $3,370,603.53 CHANGE ORDER - 1 OF 3 Original Time for Completion 180 working days (insert date) Revised Time for Completion under 220 working days prior Change Orders (insert date) Days Required (f) for this Change Order 010 working days Revised Time for Completion 230 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: si nature (signature Print Name: i ki oewz4or^6 Print Name: Dana Ralph Its_ Its Mayor (title) (title) DATE: If'Z/'ZvZ3 DATE: 04/26/2023 LA CHANGE ORDER - 2 OF 3 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department C[In this field,you may enter the eleuronlc Fllepath where the contract has been saved] i I i Ii E I CHANGE ORDER- 3 OF 3 File No. 200.2 KENT CHANGE ORDER WORKSHEET NO. 7 Construction Engineering Division - Public Works Reservoir ecoating an en Project: Project No: 20-3006 Replacement Project Engineer: Gray & Osborne Fed-Aid No: Capital Projects Brian Shields Contractor: Long Painting Company -mana9-er: Date: 3/27 2023 I. Proposed Change Scaffold Rent Magnum Rent: 181 days @ $214.70 = $38,861.59 II. Reason and Background for Chan e A weather event damaged the resevoire containment for the 6MG1 Reservoir Recoating and Vent Replacement project. As a result of the damaged containment, work was delayed. This delay necessitated LPC to rent the scaffold system for a period longer than anticipated at bid time. Magnum (LPC Subcontractor) has a daily rental rate of $175 (per invoices) and there is an estimated rental duration of 181 days between Nov 1 2022 and May 1 2023 for this. $175/day @ 181 days = $31,675. Markup and taxes bring the total to an estimated $38,861.59, divided by 181 days = composite rate of $214.70. This will be paid as a daily quantity for actual days used. III. Method of Payment NEW PAY ITEMS ❑Notapplicable Sch. Item Description Total Est. Unit Unit Price No Oty Total Estimated Cost of Item I (Scaffold Rent 181 Days $214.70 $38,861.59 I New Pay Items Total: $38,861.59 DELETE EXISTING PAY ITEM(S) per 1-09.5 FZI Notapplicable Sch Bid Item No. Item Description ption 7 Qty Unit Unit Price Cost of Item f $ - $ Delete Existing Pay Items Total: $ - INCREASE/DECREASE TO EXISTING PAY ITEMS) E]Notapplicable Page 1 Soh No. Bid Item No. Item Description Qty Unit Unit Price Cost of Item , $ Increase / Decrease to Existing Pay Items Total: $ - *TOTAL ESTIMATED COST OF CHANGE ORDER: $38,861.59 *Total of the Cost of Item Columns IV. WORKING DAYS Original Contract: 180 Due This Change Order: 0 Previous Total: 294 220 Explanation/Justification for Additional Working Days: 'The work contained within this change order has an anticipated ten (10) working day duration. *TOTAL WORKING DAYS: 1' 230 *This Change Order+ Previous Total Capital Projects Manager: Date: Brian Shields Construction Engineering Date: Supervisor: Jason Barry Construction Manager: - Date: Eric Connor Page 2 Scaffold Rent Nov 1, 2022 to May 1,2023 (181 Calendar Days) Magnum daily rental rate days on rent Rental Subtotal 10.1%Tax Subtotal 12%markup 10%markup I Total for after tax <$25k $25k to$100-k scaffold rental $ 175.00 181 $31,675 $3,199.18 $34,874.18 $ 3,000.00 $987.42 $38,861.59 Shields, Brian From: Connor, Eric Sent: Wednesday, March 22, 2023 3:32 PM To: Shields, Brian Cc: Barry,Jason Subject: FW: 6MG1 -Scaffold Rent 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: Peterson, Kelly<KPeterson@kentwa.gov> Sent:Wednesday, March 22, 2023 2:55 PM To:Connor, Eric<EConnor@kentwa.gov>; Bieren,Chad <CBieren@kentwa.gov> Subject: RE: 6MG1-Scaffold Rent Eric- Thank you for the discussion with Chad and I. Please proceed. 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 Koeterson(@ KentW A.goy CITY OF KENT,WASHINGTON KentWA.aov Facebook YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From:Connor, Eric<EConnor@kentwa.gov> Sent:Wednesday, March 22, 2023 11:02 AM To: Peterson, Kelly<KPeterson@kentwa.pov>; Bieren,Chad<CBieren@kentwa.Rov> Subject: FW:6MG1-Scaffold Rent For discussion... Eric Connor, Construction Engineering Manager Phone 253-856-5533 1 Cell 253-797-0693 1 CITY OF KENT,WASHINGTON PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From:Shields, Brian<BShields@kentwa.gov> Sent:Tuesday, March 21, 2023 10:21 AM To: Barry,Jason<JBarrv@kentwa.gov> Cc:Connor, Eric<EConnor@kentwa.gov> Subject: FW: 6MG1-Scaffold Rent Jason, I am seeking authorization to create a change order in the amount of $38,861.59 to compensate LPC for the scaffold rental daily rate on the 6MG1 tank. Attached are the invoices received so far that reflect the daily rate of $175/calendar day. The payment made will be based off of a daily unit measurement quantity. Brian Shields, Capita/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 bshields(@KentWA.aov CITY OF KENT, WASHINGTON KentWA.nov Facebook /�t YouTube From:Charles Pham <charlespl@Ian pad intin8 com> Sent:Tuesday, March 21, 2023 9:38 AM To:Shields, Brian<BShields@kentwa.pov> Cc: Barry,Jason <)Barry kentwa.gov> Subject: RE: 6MG1-Scaffold Rent EXTERNAL EMAIL That looks correct. Thanks, Charles Pham Industrial Group Manager LONG PS�[1Y17NG OOi�P14NY 2 chat espI(a) o�a�aain ing.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.eov> Sent:Tuesday, March 21,2023 9:29 AM To:Charles Pham<chariesol@long ainting.com> Cc: Barry,Jason<JBarrv@kentwa.gov> Subject:6MG1-Scaffold Rent IThis sender is trusted. - Charles, Please confirm that LPC is in agreement with creating a change order that reflects the below quantities and cost. The actual paid will be based off of the actual invoiced quantity of days. A E —C D -L - E - f- - -I_ G 1 � Scaffold Rent Nov 1, 2022 to May 1,2023(181 Calendar Days) 21 Magnum daily rental days an rent 10.196 Tax Rental Subtotal 12%markup 10% markup Tot: a rate Subtotal after tax <$25k $25kto$100-k scaffal 4 $ 175.00 181 $31,675 $3,199.18 $34,874.18 $ 3,000.00 $987.42 $38,8 6 7 8 � 9 tr 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 253-856-6310 bshields(al KentWA.aov CITY OF KENT,WASHINGTON KentWA.aov Faeebook Twitter YouTube 3 T �qNUM - - -INVOICE TION SERVICES ❑ATE INVOICE# 12822 Highway 99 ---------- Everett,WA 98204 11/30/2022 15038 www.magnumconstructionservices.com BILL TO . JOBSITE - — - Accounts Payable 23825 98th Ave S Long Painting Company Kent, WA 98032 21414 68th Ave S. Kent, WA 98032 J Z 66C) *EMAIL ONLY* (� C� TERMS DUE DATE P:O.#F OUR JOB# PROJECT NAME Net 30 12/30/2022 L220004 3657 3657-(PW)City of Kent Reservoir V QTY ITEM DESCRIPTION T . AMOUNT TOTAL "Base Bid Extended Rent" T 30 Scaffold Rental Rental:Tank Scaffold 175.00 5,250.00T (11/1 to EOM) "Change Orders" EBA a 9t}f}a� EWAs Related to Plastic Repairs "Retention" -Reterr RECT—WED . I1 LONG FAINTING CO PHONE FAX E-MAIL SUBTOTAL USD 58,725.00� 360.863.3406 360.863.3515 billing@magnumconstructionservices.com PAYMENTS/CREDITS USD 0.00 SALES TAX(10.1%) USD 6,590.25 TOTAL DUE USD 65,315.25 RIGHTS OF LESSOR:Time is expressly made the essence of this lease.Should Lessee fail to keep and perform any provision hereof to be kept and performed by it within the time and in the manner herein specified,the Lessor may,at its option,immediately terminate this lease and enter into and upon the premises where said property may be Found and take possession thereof and recover all rentals due and expenses incurred in repossessing and delivering said property to the office of the Lessor at its place of business including reasonable attorneys'fees, and also all damages and expenses suffered or incurred by the Lessor by reason of said breach.Lessor reserves the right to file a lien on Lessee if payment is not received with fifteen(15)days of the due date.Failure of the Lessee to return rented property may result in a criminal prosecution in accordance with state law RCW 9.45.060. UfF 7RUC INVOICE 12822 Highway 99 N5TION SERVI E5 DATE JNVOICi;# Everett,WA 98204 12/19/203Z/ 15053 www.magn u mconstruct ionservices.com BILL To JOBsIr --- Accounts Payable 23825 98th Ave S Long Painting Company Kent, WA 98032 21414 68th Ave S. Kent, WA 98032 *EMAIL ONLY* TERMS DUE DATE P.O.# OUR JOB# PROJECT NAME — - Net 30 1/18/2023 L220004 3657 3657-(PW)City of Kent Reservoir 4TY ITEM - -- DESCRIPTION - -�AMOUNT TOTAL **Base Bid** 4— Base S+d Canta' 41 "Base Bid Extended Rent** 31 Scaffold Rental 7 Rental:Scaffold 175.00 5,425.00T (12/1 to EOM) °N(3 P4I/VT-rN° **Change Orders** CO Line Item 1:Modify Sc ffold for Door Sheet -Line Item 2:Remove enter Tower **Recurring Rent on ange Orders** Scaffold Structure(1 x20x12)with full Containment (10/14to 10/31) PHONE FAX -MAIL `— SUBTOTAL - 360.863.3406 360.863.3515 bllling@ma umconstructionservices.com pgYMENTSICREDITS SALES TAX(10.1%) -- — TOTAL DUE Page 1 MONNUM INVOICE ST SERVICES F 12822 Highway 99 DATE 1 ' Everett,WA 98204 1/18/2023 1 15109 www.magnumconstructionservices.com 111 11 BILL TO �JI Accounts Payable 23825 98th Ave S Long Painting Company Kent, WA 98032 21414 68th Ave S. Kent, WA 98032 *EMAIL ONLY* TERMS DUE DATE P.O.# ❑LlR'` 18..# PROJECT NAME Net 30 2/17/2023 L220004 3657 3657-(PW)City of Kent Reservoir QTY :ITEM DESCRIPTION ' AMOUNTT TOTAL *"Base Bid Extended Rent** 31 Scaffold Rental Rental:Scaffold 175.00 5,425.00T (1/1 to EOM) **Change Orders** **Recurring Rent on Change Orders** 7, Scaffold Structure(12x20x12)with Full Containment (1/01 to 1/31) **Retention** wi= JP.r• 2 LONG [�gTING CO — E-MAIL - -- - - - ---- ----- -- -� SUBTOTAL USD 5,398.65 360,863,3406 360.863,3515 billing@magnumconstructionservlces.com PAYMENTSICREDITS USD 0.00 SALES TAX(10.1%) USD 605.85 - - TOTAL DUE USD 6,004.50 RIGHTS OF LESSOR:Time is expressly made the essence of this lease,Should Lessee fail to keep and perfonn any provision hereof to be kept and performed by it within the time and in the manner herein specified,the Lessor may,at its option,immediately terminate this lease and enter into and upon the premises where said property may be found and take possession thereof and recover all rentals due and expenses incurred in repossessing and delivering said property to the office of the Lessor at its place of business including reasonable attorneys'fees, and also all damages and expenses suffered or incurred by the Lessor by reason of said breach.Lessor reserves the right to file a lien on Lessee if payment is not received with fifteen(15)days of the due date.Failure of the Lessee to return rented property may result in a criminal prosecution in accordance with state law RCW 9.45.060.