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Home My WebLink AboutCAG2023-064 - Change Order - #1 - A-1 American Fence, Inc. - 2023 Railroad Quiet Zone BNSF Railroad Trespass Fencing - 07/05/2023 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 I N G T O N (Print on pink or cherry colored paper) Originator: Department: C. Frame PW Engineering Date Sent: Date Required: 7/11/2023 N/A 0 L aAuthorized to Sign: Date of Council Approval: a El Director or Designee ❑Mayor 2/7/2023 Budget Account Number: Grant? El Yes ❑No R00016.64110.120 Budget? 121 Yes ❑ No Type: N/A Vendor Name: Category: A-1 American Fence, Inc. Contract Vendor Number: Sub-Category: C 2521353 Change Order#1 Project Name: 2023 RR Quiet Zone BNSF RR Trespass Fencing E L � Project Details:Payment for widening gates 1 LS at $17,949.38 C C 40 Agreement Amount:$19,762.27 Basis for Selection of Contractor: E Bid (9 i Start Date: N/A Termination Date: 45 Working Days r� a Local Business? ❑Yes ❑ No* *Ifineets requirements per KCC3.70.700,please complete"VendorPurchose-Local Exceptions"form on Cityspace. Notice required prior to disclosure? Contract Number: ❑Yes El No CAG2023-064 Date Received by City Attorney: Comments: Im C 'a+ 3 0 •� a L p� Date Routed to the Mayor's Office: Vf Date Routed to the City Clerk's Office: ddccW22373 , Z0 Visit Documents.KentWA.gov to obtain copies of all agreements • KENT W A S H I N G T O N CHANGE ORDER NO. 1 NAME OF CONTRACTOR: A-1 American Fence, Inc. ("Contractor") CONTRACT NAME & PROJECT NUMBER:2023 Railroad Quiet Zone - BNSF Railroad Trespass Fencing ORIGINAL CONTRACT DATE: February 7, 2023 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 provides complete payment for widening gates 1 LS at $17,949.38. 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, $700,125.90 (including applicable alternates and WSST) Net Change by Previous Change Orders $0.00 (inch applicable WSST) Current Contract Amount $700,125.90 (incl. Previous Change Orders) Current Change Order $17,949.38 Applicable WSST Tax on this Change $1,812.89 Order Revised Contract Sum $719,888.17 I CHANGE ORDER - 1 OF 3 Original Time for Completion 45 working days (insert date) Revised Time for Completion under 00 working days prior Change Orders (insert date) Days Required (f) for this Change Order 00 working days Revised Time for Completion 45 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 slate written below. CONTRACTOR: CITY OF (CENT: V (signature) (signature) Print Name:Teddy Breaux Print Name: Chad Bieren, P.E. Its Asst. Secretary/ Sr. Project Manager Its Public Works Director (title) (title) DATE: 6/30/2023 DATE: 7&:) ,AF: EC KP 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 electronic filepath where the contract has been saved] CHANGE ORDER - 3 OF 3 File No. 200.2 KENT WNSMINOTON CHANGE ORDER WORKSHEET NO. 1 Construction Engineering Division - Public Works Project: 2023 Railroad uiet Zone BNSF RR Trespass Project No: 23-3028.1 Fencing Project Engineer: Toby Hallock Fed-Aid No: n/a Capital Projects Brian Shields Contractor: A-1 American Fence Manager: Date: 6/26/2023 I. Proposed Change This change order provides complete payment for: Widening gates 1 LS at $17,949.38 II. Reason and Background for Change During project construction, BNSF determined two of the 16' gates shown on the contract drawings needed to be 20' wide to provide adequate access to BNSF maintenance vehicles. The contractor moved the posts to 20' width and are refabricating two 8' swing gates to a 12' width too achieve 20' width at each opening, respectively. BNSF will hang the gates once they are received back from the contractor. III. Method of Payment NEW PAY ITEMS ❑ Not applicable Sch. Item Description Total Est. Unit Unit Price Total Estimated Cost of No Item I Widening Gates 1 LS $17,949.38 $ 17,949.38 New Pay Items Total: $ 17,949.38 DELETE EXISTING PAY ITEMS) per 1-09.5 F�l Not applicable Sch Bid Item No. 71tern Description Qty Unit Unit Price Cost of Item No. I Page 1 Delete Existing Pay Items Total: $ - INCREASE/DECREASE TO EXISTING PAY ITEMS) ❑� Notapplicable Sch Bid Item No. 71tern Description Qty Unit Unit Price Cost of Item No. 7 Increase / Decrease to Existing Pay Items Total: $ - *TOTAL ESTIMATED COST OF CHANGE ORDER: $17,949.38 * Total of the Cost of Item Columns IV. WORKING DAYS Original Contract: 45 Due This Change Order: 0 Previous Total: 45 Explanation/Justification for Additional Working Days: *TOTAL WORKING DAYS: 45 * This Change Order + Previous Total Capital Projects Manager: Date: v6 2 -X_Z j Construction EngineeringL Date: Supervisor: L==X1*' ZZ Z son Barry Construction Manager: _ Date: 7 It r �� 12- Eric Connor Page 2 Shields, Brian From: Connor, Eric Sent: Thursday, June 8, 2023 3:33 PM To: Shields, Brian Cc: Barry, Jason Subject: FW: 2023 RRQZ Fencing - Change Order for Gates 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:Thursday,June 8, 2023 3:32 PM To: Connor, Eric<EConnor@kentwa.gov> Cc: Barry,Jason <JBarry@kentwa.gov> Subject: RE: 2023 RRQZ Fencing- Change Order for Gates Eric- As we discussed this with Chad, please proceed with the change as noted below. Thank you, 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 Kpeterson@KentWA.gov CITY OF KENT, WASHINGTON KentWA.QOV Facebook YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: Connor, Eric<EConnor@kentwa.gov> Sent:Thursday,June 8, 2023 12:29 PM To: Peterson, Kelly<KPeterson(a)kentwa.gov> Cc: Barry,Jason<JBarry@kentwa.gov> Subject: FW: 2023 RRQZ Fencing-Change Order for Gates Good Afternoon Kelly, Are you okay with the additional work and associated cost for revising 2 of the project's 16' gates to 20' as requested by BNSF? Please let me know if you have any questions or need any additional information. I 1 Thank you, 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:Shields, Brian <BShields kentwa.gov> Sent:Thursday,June 8, 2023 10:54 AM To: Barry,Jason<JBarry kentwa.gov> Cc: Connor, Eric<EConnor kentwa.gov> Subject: FW: 2023 RRQZ Fencing-Change Order for Gates Jason, I worked with Teddy at A-1 to get their COP for widening two gates down to $17,949.38 from their original $22,236.82 COP. This would relocated one gate post at two locations (the two southernmost gates south of Willis - one on Railroad Ave. Side, one on 1st Ave S side) four feet wider than the plan. This also covers fabricating and shipping of two 6'x12' swing gates to the City of Kent. A-1 will install the necessary hardware so the gates can be hung once received. This also omits the existing gate removal from the south end of the project. Yesterday (Wed 6/7), at 1028 hrs, we received written confirmation from Alex Funderburg at BNSF that his crews will remove the existing gate and hang the two new swing gates once they are received from fabrication. I am seeking approval to authorize A-1 to relocate the two gate posts and begin fabrication of the two new 6'x12' swing gates so they can later be hung. Let me know if you have any questions. Thanks! 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 bshieldsCd)KentWA.4ov CITY OF KENT,WASHINGTON KentWA.gov Facebook _. YouTube From: Shields, Brian Sent: Thursday,June 8, 2023 10:48 AM To:T Breaux<tbreaux@alamericanfenceco.com_> Cc: Barry,Jason<JBarrv@kentwa.gov> Subject: RE: Change Order for Gates Teddy, Attached is the new estimate at $17,949.38. I removed $200 from each of the two gates and with markup, that was just under a $500 credit. Thanks for working with us on that! 2 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.00v CITY OF KENT,WASHINGTON KentWA.gov Facebook YouTube From:T Breaux<tbreaux@alamericanfenceco.com> Sent:Thursday,June 8, 2023 10:46 AM To: Shields, Brian <BShields@kentwa.gov> Cc: Barry,Jason <JBarry@kentwa.gov> Subject: Re: Change Order for Gates EXTERNAL EMAIL Not a problem, whatever it takes! I don't see where we had anything figured for the gate removal. We based our pricing per the proposal's scope but just to please everyone I can credit -$500.00 for the gate removal. Regards, Teddy J. Breaux Office: 409-883-8986 From: Shields, Brian <BShields@kentwa.gov> Sent:Thursday,June 8, 2023 12:33 PM To:T Breaux<tbreaux alamericanfenceco.com> Cc: Barry,Jason <JBarrv@kentwa.gov> Subject: RE: Change Order for Gates Teddy, I promise I'm not up here just trying to make things more complicated... BNSF will be removing the gate on the south end of the project that is shown in this contract as A-1's removal; is A-1 willing to entertain a credit for omitting that body of work as well? Hopefully that will be my last question on this!! Brian Shields, Capita/Projects Manager Construction Management I Public Works Department 3 220 4th Avenue South, Kent, WA 98032 Main/Cell 253-293-4973 1 Desk 253-856-6510 bshields(@KentWA.gov CITY OF KENT, WASHINGTON KentWA.gOV Facebook YouTube From:T Breaux<tbreaux alamericanfenceco.com> Sent:Thursday,June 8, 2023 10:09 AM To: Shields, Brian <BShields@kentwa.gov> Cc: Barry,Jason <JBarry kentwa.gov> Subject: Re: Change Order for Gates EXTERNAL EMAIL I am fine with that,Thanks Regards, Teddy J. Breaux Office: 409-883-8986 From: Shields, Brian<BShields@kentwa.gov> Sent:Thursday,June 8, 2023 11:51 AM To:T Breaux<tbreaux@alamericanfenceco.com> Cc: Barry,Jason <JBarry kentwa.gov> Subject: RE: Change Order for Gates Teddy, Attached is my estimate and a tool I use for figuring labor rates. Take a look at the labor estimator (we compare this with WSDOT division 1 force account verbiage for estimating CO costs). Thank you for the credit; I removed 1 hour for each worker and cut the truck time in half to II achieve just under a $400 credit. With the changes we discussed, the total estimates to $18,433.38. Does A-1 agree with this pricing? If so, I'll proceed with formally requesting authorization to create a CO and then we can talk about proceeding with the work. Let me know if you Y have an questions. Thanks! Brian Shields, Capita/Projects Manager 4 Construction Management I Public Works Department 220 4th Avenue South, Kent, WA 98032 Main/Cell 253-293-4973 1 Desk 253-856-6510 bshieldsOKentWA.gov CITY OF KENT,WASHINGTON KentWA.gov Facebook .7 witter YouTube From:T Breaux<tbreaux alamericanfenceco.com> Sent:Thursday,June 8, 2023 9:39 AM To: Shields, Brian <BShields kentwa.gov> Cc: Barry,Jason <JBarrv@kentwa.gov> Subject: Re: Change Order for Gates EXTERNAL EMAIL Gotcha, I can do a credit for-$400.00 if that's good with y'all? Regards, Teddy J. Breaux Office: 409-883-8986 From:Shields, Brian<BShields@kentwa.gov> Sent:Thursday,June 8, 2023 11:00 AM To:T Breaux<tbreaux@alamericanfenceco.com> Cc: Barry,Jason <JBarrv@kentwa.gov> Subject: RE: Change Order for Gates Teddy, The City's preference would be to have the hardware placed on the relocated posts, and the gates not hung. I'm sure that's not much labor difference, but we'll take whatever credit comes along with that. Thanks! FYI Management is aware that this needs to move fast since your crew will be demobilizing soon. They're expecting my formal request for CO approval soon. Brian Shields 1 Capital Projects Manager p Construction Management IPublic Works Department artment 220 4th Avenue South, Kent, WA 98032 Main/Cell 253-293-4973 1 Desk 253-856-6510 bshields@KentWA.gov 5 CITY OF KENT,WASHINGTON KentWA.QOV Facebook YouTube From:T Breaux<tbreaux@alamericanfenceco.com> Sent:Thursday,June 8, 2023 8:46 AM To:Shields, Brian <BShields@kentwa.gov> Cc: Barry,Jason <JBarrv@kentwa.gov> Subject: Re: Change Order for Gates EXTERNAL EMAIL Please see below response. Regards, Teddy J. Breaux Office: 409-883-8986 From: Shields, Brian <BShields@kentwa.gov> Sent:Thursday,June 8, 2023 10:15 AM To:T Breaux<tbreaux@alamericanfenceco.com> Cc: Barry,Jason <JBarrv@kentwa.gov> Subject: RE: Change Order for Gates Teddy, Thanks for getting a breakdown over to us. Going through, there are some markup errors... I'm putting together your base rates on one of our estimating sheets that reflect WSDOT approved markups (31% labor, 21% equipment, etc). I did notice, that you're charging for a truck and an excavator that are not on site, and small tools are not included in WSDOT approved extra work pricing models. Not a problem, I didn't catch that. Actually, we can delete all equipment from c/o. We will have the bobcat for the signs so we won't need additional rental for this c/o. Can you provide a copy of the quote for the gate fabrication and the freight? Those get paid as actual cost to contractor plus a 21% markup. The freight quote is estimated. They won't know exactly till it's scheduled for pickup. We will be fabricating the gates in our fabrication shop. The breakdown reflects our cost/quote. Let me know if you need more. 6 My dept. manager is also asking if there will be any consideration for credit back for not having to hang the 2 — 8' gate sections. Robbie was going to install the gates so your crew would have everything there needed to swap out. If you prefer, we could not install them and credit the labor towards this c/o. This additional information will help us determine how we move forward with this. Thank you for the elbow grease in getting this to us!! 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 bshieldsCcbKentWA.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook YouTube From:T Breaux<tbreaux@alamericanfenceco.com> Sent: Thursday,June 8, 2023 5:54 AM To: Shields, Brian <BShields@kentwa.gov> Cc: Barry,Jason <JBarrv@kentwa.gov> Subject: Re: Change Order for Gates EXTERNAL EMAIL Good Morning, please see attached change order breakdown. Please let me know if you need anything else. Can you please let Robbie and I know something asap? They are scheduled to Demob. this weekend so the sooner the better, thanks! Regards, Teddy J. Breaux Office: 409-883-8986 From: Shields, Brian <BShields kentwa.gov> Sent: Wednesday,June 7, 2023 3:37 PM To:T Breaux<tbreaux alamericanfenceco.com> Cc: Barry,Jason <1Barry@kentwa.gov> Subject: RE: Change Order for Gates Thanks for the clarification, Teddy! 7 For the City to consider this further, we'll need the documentation from your supplier supporting the quote. This project, being grant funded, is at higher likelihood to have auditors looking at it; we'll need to account for the dollars spent. Thank you! 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 bshields(a KentWA.gov CITY OF KENT,WASHINGTON KentWA.QOV Facebook YouTube From:T Breaux<tbreaux@alamericanfenceco.com> Sent:Wednesday,June 7, 2023 12:46 PM To: Shields, Brian <BShields kentwa.gov> Subject: Re: Change Order for Gates EXTERNAL EMAIL That is based on us fabricating the gates here in Texas and having them shipped to Kent. This will also allow us to install the correct fabric on the gates to match prior to shipping. We haven't been able to get a quote from the local supplier or our original supplier. Regards, Teddy J. Breaux Office: 409-883-8986 From: Shields, Brian <BShields@kentwa.gov> Sent: Wednesday,June 7, 2023 2:42 PM To:T Breaux<tbreaux alamericanfenceco.com_> Subject: RE: Change Order for Gates Teddy, Do you have invoicing from the fabricator and other backup that shows how we got to that number? My up-chain will be asking. Thanks! Brian Shields, Capital Projects Manager 8 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.oOV CITY OF KENT,WASHINGTON KentWA.gov Facebook YouTube From:T Breaux<tbreaux alamericanfenceco.com> Sent:Wednesday,June 7, 2023 12:21 PM To: Shields, Brian <BShields kentwa.gov> Subject: Change Order for Gates EXTERNAL EMAIL Attached is our quote for widening two openings and furnishing 2- 12' wide swing gates (20' opening). Please let me know if you have any questions. Thanks Regards, Teddy J. Breaux Office: 409-883-8986 9 FA Sheet No.: DAILY REPORT OF FORCE ACCOUNT WORKED --SENT Project Name: Project No: Item No.: Date: Description of Work: Work by Subcontractor?: no Prime Contractor: Sub-Contractor: LABOR STRAIGHT TIME OVERTIME DOLLAR NAME CODE OCCUPATION Hrs Hourly Rate Hrs OT Rate AMOUNT Robbie Fence Foreman 13 64.25 $ 835.25 Erector 1 Fence Erector 13 56.91 $ 739.83 Erector 2 Fence Erector 13 56.91 $ 739.83 Erector 3 Fence Erector 131 56.91 No Match $ 739.83 $ SUBTOTAL-LABOR: $ 3,054.74 LABOR OVERHEAD&PROFIT @ 31% $ 946.97 LABOR TOTAL $ 4,001.71 EQUIPMENT EQUIPMENT OR ATTACHMENTS OPERATED STANDBY DOLLAR Equipment# Equipment Description Hrs Hourly Rate Hrs Standby Rate AMOUNT truck 7 11.00 $ 77.00 Is Is - SUBTOTAL-EQUIPMENT $ 77.00 EQUIPMENT OVERHEAD&PROFIT @ 21% $ 16.17 EQUIPMENT TOTAL $ 93.17 MATE RIALS/SE RVICES/RENTALS MATERIALS/SERVICES Quantity Units Unit Price DOLLAR AMOUNT 6'x12'swing gate 2 EA $ 3,050.00 $ 6,100.00 Freight 1 LS $ 5,350.00 $ 5,350.00 SUBTOTAL $ 11,450.00 OVERHEAD&PROFIT @ 21% $ 2,404.50 TOTAL $ 13,854.50 Verification of Hours Worked: TOTAL: $ 17,949.38 12%MARKUP (for prime when subcontract work) $ - Contractor's Representative Date SHEET TOTAL: $ 17,949.38 Owner's Representative Date Comments r�-l r�.xe�rlca c 9ewe, 9me. PROJECT: 2023 Railroad Quiet Zone BNSF Railroad Trespass Fencing CONTRACT NO.: 23-3028.1 SCC CHANGE ORDER NO.: 1.00 DESCRIPTION: Widening Gates DATE: 8-Jun-23 DETAILED COST BREAKDOWN TOTAL A DESCRIPTION QUANTITY UNITS RATE/UNIT MOUNT Labor: Foreman 14.00 HR $ 54.55 $ 763.70 Laborer 42.00 HR $ 48.14 $ 2,021.88 HR $ HR $ HR $ Subtotal: $ 2,785.58 Materials: 2-6'Xl2'Swing Gates $ 6,500.00 Concrete $ 200.00 Subtotal: $ 6,700.00 Equipment: Forman Pickup 14.00 HR $ 11.00 $ 154.00 1-Ton Truck 14.00 HR $ 50.00 $ 700.00 Track Excavator 14.00 HR $ 60.00 $ 840.00 Skidsteer 14.00 HR $ 55.00 $ 770.00 small tools 14.00 HR $ 12.00 $ 168.00 Subtotal: $ 2,632.00 Page 2 df-1 dfix�uea�c 5&4w, `Iae. CHANGE ORDER SUMMARY SHEET PROJECT: 2023.Railroad Quiet Zone BNSF Railroad Trespass Fencing CONTRACT NO.: 23-3028.1 A-1 CHANGE ORDER NO.:001 DESCRIPTION: Widening Gates DATE: 8-Jun-23 COST PROPOSAL SUMMARY Total Amount Labor: $ 2,785.58 Insurance,Tax&Fringes @ 56.00%: $ 2,785.58 Subtotal Labor: $ 5,571.16 Materials: Is 6,700.00 Markup @ 10.0%: $ 670.00 Subtotal Material: $ 7,370.00 Equipment: $ 2,632.00 Subtotal Equipment: L$ 2,632.00 Subcontractors: uant,t Unit Rate: Ext: Freight EA $ 5,350.00 HR $ Subtotal: $5,350.00 Subtotal Subcontractors: Niarww�asj�✓t[ Subtotal. $20,923.16 AFC Markup @ 15%: $ 7 778. 66 Subtotal: $21,701.82 Subcontracor Markup @ 10%: $ 535.00 Each $ 22,236.82 QUANTITY: 1 TOTAL IS 22,236.82 Page I