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Home My WebLink AboutCAG2023-217 - Change Order - #1 - ICON Materials - 2023 Asphalt Overlays - 07/25/2023 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: > 7/25/2023 N/A 0 L. aAuthorized to Sign: Date of Council Approval: cc0 Director or Designee ❑Mayor 4/7/2023 Budget Account Number: Grant? ❑Yes El No R20124.64110.120 Budget? 0 Yes ❑ No Type: N/A Vendor Name: Category: ICON Materials Contract Vendor Number: Sub-Category: C 34467 Change Order#1 wProject Name: 2023 Asphalt Overlays E `2 Project Details:Tree removal and stump grinding 1 LS $8,031.02 c 40 c Go Agreement Amount: $8,031.02 Basis for Selection of Contractor: Bid E 40 Start Date: N/A Termination Date: 130 Working Days Im Q Local Business? ❑Yes ❑ No* *If meets requirements per KCC3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Notice required prior to disclosure? Contract Number: ❑Yes I7 No CAG2023-217 Date Received by City Attorney: Comments: p1 C I= •� i IQ p� Date Routed to the Mayor's Office: 7 2-V V1 Date Routed to the City Clerk's Office: adaW22373 , z0 Visit Documents.KentWA.gov to obtain copies of all agreements • KEN W A S H I N G T O N CHANGE ORDER NO. 1 NAME OF CONTRACTOR: ICON Materials ("Contractor") CONTRACT NAME & PROJECT NUMBER: 2023 Asphalt Overlays ORIGINAL CONTRACT DATE: April 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: Tree Removal and Stump Grinding 1 LS $8,031.02 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, $2,872,117.50 (including applicable alternates and WSST) Net Change by Previous Change Orders $0.00 (incl. applicable WSST) Current Contract Amount $2,872,117.50 (incl. Previous Change Orders) Current Change Order $8,031.02 Applicable WSST Tax on this Change $0.00 Order Revised Contract Sum $2,880,148.52 CHANGE ORDER - 1 OF 3 Original Time for Completion 130 working days (insert date) Revised Time for Completion under 00 working days prior Change Orders (insert date) Days Required (±) for this Change Order 00 working days Revised Time for Completion 130 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: p rQ Yt Digitally signed by Chad Bieren B By Chad B I e 1 G 1 1 Date:2023.07.25 10:37:39-07'00' y: ure) (signature) (signature) Print Name:-Tyler Townsend Print Name: Chad Bieren, P.E. Its Project Manager Its Public Works Director (title) (title) DATE: 07/12/2023 DATE: AF EC CHANGE ORDER - 2 OF 3 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent bty 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 KEN T WAS.1iNOTON CHANGE ORDER WORKSHEET NO. 1 Construction Engineering Division - Public Works Project: 2023 Asphalt Overlay Project No: 23-3001.1 Project Engineer: Alex Murillo Fed-Aid No: n/a Capital Projects Manager: Brian Shields/Rick Krier Contractor: ICON Materials Date: 7/11/2023 I. Proposed Change This change order provides complete payment for: Tree Removal and Stump Grinding 1 LS $8,031.02 II. Reason and Background for Change As part of the 2023 Asphalt Overlay project, in constructing an ADA curb ramp at the NE corner of SE 228th PI and 103rd Ave SE, it was necessary that the contractor cut through the major roots of three established cedar trees to perform the work. City of Kent arborist (Scott Schroeder) looked at the roots after they were cut and concluded that the health of the trees were at risk. After discussions with the home owner at 10304 SE 228th PI (Susan Lee), she agreed to the trees being removed. Icon proposed a price of $8,031.02 to perform the work. Approval was received from Kelly Peterson on 6-13-23. III. Method of Payment NEW PAY ITEMS ❑ Notapplicable Schh. Item Description Total Est. Unit Unit Price Total Estimated Cost of Item I Tree Removal and Stump Grinding 1 LS $8,031.02 $ 8,031.02 New Pay Items Total: $ 8,031.02 DELETE EXISTING PAY ITEMS) per 1-09.5 F,_/l Notapplicable Sch Bid Item No. Item Description Qty Unit Unit Price Cost of Item No. $ - Page 1 $- Delete Existing Pay Items Total: $ INCREASE/DECREASE TO EXISTING PAY ITEM(S) ❑� Notapplicable 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: $8,031.02 * Total of the Cost of Item Columns IV. WORKING DAYS Original Contract: 130 Due This Change Order: 0-7 Previous Total: 130 Explanation/]ustification for Additional Working Days: *TOTAL WORKING DAYS: 130 * This Change Order + Previous Total Capital Projects Manager: Date: 64 za Ll Brian Shields Construction Engineering Date: Supervisor: Jason Barry Construction Manager: � Date: Eric Connor Page 2 ICON MATERIALS EXTRA WORK ORDER 1� 1508 VALENTINE AVE CONFIDENTIAL INFORMATION ' PACIFIC,WA 98047 FOR INTENDED RECIPIENT ONLY (206) 575-3200 Office • (206) 575-3207 Fax DO NO'F DISCLOSE ICON Job# ICON Foreman Anthony Eichelberger ICON EWO# Owner City of Kent Contractor Ref# --- — -- - 2023 Project Name 2023 Asphalt Overlays Date 6/6/ DESCRIPTION OF EXTRA WORK PERFORMED Tree and stump removal on 228th and 103rd.Flagging and sweeping will be charged under Bid Items. LABOR Regular Hours Worked Overtime Hours Worked Quantity Classification Quantity Unit Rate Quantity Unit Rate Total 1 Mid-Level-General Equip. 2 HR $ 80.11 HR $ 1C&19 $ 160.22 HR $ - HR $ $ HR $ HR $ $ HR $ HR $ $ HR $ HR $ $ HR $ HR $ $ HR $ HR $ $ HR 1 $ HR $ $ Total: $ 160.22 MATERAA4&WTALS Material Description Quantity Unit Cost Tax% Cost Total Total: $ EQUIPMENT Regular Hours Worked Hours on Standby Equipment Description(Make/ModelNear) EQ# Quantity Unit Rate Quantity Unit Rate Total Ford F550 2006 51.0072 2 HR $ 22.09 HR $ - 5 44,18 Cat 305E 2013 31.0042 2 HR $ 25.65 HR $ 8.88 $ 51.30 HR $ - HR $ $ HR $ HRF-_ $ $ HR $ HR $ - $ Total: SUBCONTRACTORS Name Service Quantity Unit Cost Total J.M.Knelleken Company Tree Removal 1 LS $ 5,000.00 $ 5,000.00 The Davey Tree Expert Company Stump grinding 1 LS $ 1,680.00 $ 1,680.00 Buckley Recyclers Dump Fee 1 LS $ 200.00 $ 200.00 Total: $ 6,880.00 I hereby certify that this Extra Work Order represents the true and correct quantities of work r TOTAL COSTS AND MARKUPS performed during this period and that prevailing wages have been paid to all laborers,workers or mechanics on this project in accordance with the Statement of Intent on file with the District. LABOR $ 160.22 31.00% $ 209.89 MATERIAL&RENTALS $ - 21.00% $ - Owner/Contractor EQUIPMENT $ 95.48 21.00% $ 115.5 SUBCONTRACTOR $ 6,880.00 12.00% $ 7,705.60 BOND MARKUP $ 8,031.02 0.00% $ - ICON MATERIALS Total: Shields, Brian From: Barry, Jason Sent: Tuesday, June 13, 2023 2:31 PM To: Shields, Brian Cc: Connor, Eric Subject: FW: 23-3001.1 06-06-23 Tree Removal Proposal (2023 Overlay) FYI... From: Peterson, Kelly<KPeterson@kentwa.gov> Sent:Tuesday,June 13, 2023 2:07 PM To:Connor, Eric<EConnor@kentwa.gov> Cc: Barry,Jason <JBarry@kentwa.gov>; Bieren, Chad<CBieren@kentwa.gov> Subject: RE: 23-3001.106-06-23 Tree Removal Proposal (2023 Overlay) Eric- Please proceed with removing the trees. 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 KDeterson(�b KentWA.aov CITY OF KENT, WASHINGTON KentWA.gov Facebook ;sw+' ;: YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E—MAIL From:Connor, Eric<EConnor@kentwa.gov> Sent: Friday,June 9, 2023 8:45 AM To: Peterson, Kelly<KPeterson@kentwa.gov> Cc: Barry,Jason <JBarry@kentwa.gov> Subject: FW: 23-3001.106-06-23 Tree Removal Proposal (2023 Overlay) Good Morning Kelly, Are you okay with removing 3 cedar trees on 228th for $8,031. The roots were unavoidable is completed the contract's required flatwork repairs in their vicinity. Thank you, Eric Eric Connor, Construction Engineering Manager 1 Phone 253-856-5533 1 Cell 253-797-0693 CITY OF KENT,WASHINGTON PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: Barry,Jason<JBarrv@kentwa.gov> Sent:Thursday,June 8, 2023 12:50 PM To:Shields, Brian <BShieIds@kentwa.gov_>; Connor, Eric<EConnor@kentwa.gov> Subject: FW: 23-3001.1 06-06-23 Tree Removal Proposal Here's some pictures. Prices look fair to me. Thanks, Jason Jason Barry, Capital Projects Supervisor Construction Management I Public Works Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5546 1 Cell 253-797-8462 f�CNT ra ibarry@KentWA.yov W"•"4wO`�» www.KentWA.aov `i116 PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E- MAIL From: Shields, Brian<BShields@kentwa.gov> Sent:Thursday,June 8, 2023 12:08 PM To: Barry,Jason<JBarrv@kentwa.l;ov> Cc:Connor, Eric<EConnor kentwa.gov> Subject: FW: 23-3001.1 06-06-23 Tree Removal Proposal Jason, Bumping this one. I know those emails stack up QUICK! Q Brian Shields, Capital Projects Manager Construction Management I Public Works Department 220 4th Avenue South, Kent, WA 98032 Main/Cell 253-293-4973 I Desk 253-856-6510 bshields(@KentWA.gov CITY OF KENT, WASHINGTON KentWA.ciov Facebook YouTube From:Shields, Brian Sent:Tuesday,June 6, 2023 2:05 PM To: Barry,Jason<JBarrv@kentwa.gov> Cc: Connor, Eric<EConnor@kentwa.gov> Subject: FW: 23-3001.106-06-23 Tree Removal Proposal Jason, Icon got us the quote for the three cedar trees' removal and stump grinding on 228th for the 2023 Overlays. 2 As a reminder, this is the location where the anchor roots of several established cedar trees were cut as necessary to construct the ADA ramp per plan. Due to the location of gas and power, pulling the stumps put those utilities at risk; Icon included the cost of stump grinding in their quote. Scott Schroeder came to the site and believes the trees will not survive if left in place. They are in close proximity to the resident's home. (approx. 20' from the house). Talking with the property owner who planted these trees 40 years ago, she is also hoping to plant something back there. I spoke with Alex Murillo when this was first discovered and he agreed with this plan. I am seeking authorization to down these trees, since their anchor roots have been removed and work with the resident to determine what is appropriate to plant in their place. 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 253-856-6530 bshields(@KentWA.gov CITY OF KENT,WASHINGTON KentWA.aov Facebook : YouTube From:Townsend,Tyler(ICON Materials)<tyler.townsend iconmaterials.com> Sent:Tuesday,June 6, 2023 1:53 PM To:Shields, Brian<BShields@kentwa.gov>; Krier, Rick<RKrier@kentwa.l;ov> Cc: Knelleken, Matt(ICON Materials)<matt.knelleken@iconmaterials.com> Subject: 23-3001.106-06-23 Tree Removal Proposal EXTERNAL EMAIL Brian and Rick, Please see the attached proposal for the tree removal. Thank you, Tyler Townsend Project Manager ICON Materials A CRH COMPANY 1508 Valentine Ave SE Pacific,WA 98047 O+1 (206)574 3915 C+1 (253)293 4391 E tyler.townsend(a)iconmaterials.com www.iconmaterials.com 3