HomeMy WebLinkAboutCAG2022-162 - Change Order - #5 - Westmark Construction, Inc. - Police Firing Range Ventilation Upgrade - 10/03/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Agreement Routing Form
• For Approvals,Signatures and Records Management
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Leah Bryant for Hemmen Parks, Recreation & Community Services
Date Sent: Date Required:
> 09/12/2023 ASAP
O
Q Authorized to Sign: Date of Council Approval:
QQMayor or Designee 4 5 2022
Budget Account Number: Grant? Yes NoF71
N20094.64110.9421
Budget? Yes E]No Type: N/A
Vendor Name: Category
A-
Construction, Inc Contract
Vendor Number: Sub-Category:
= 2480406 Change Order
O
w Project Name: City of Kent Police firing Range Ventilation Upgrade Project
3- Project Details: As described in attached Exhibit A, incorporated herein, contractor shall
O
provide labor and materials to manufacture more Ballistic plattring to cover all
*, the
C
O Basis for Selection of Contractor:
Agreement $23,962.25 Bid
4) *Memo to Mayor must be attached
3- Start Date: ASAP Termination Date: 12/31/2023
Q Local Business? Yes Fv—(]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Local Exceptions"form on Cityspace.
Business License Verification: ❑✓ Yes In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes ✓❑No CAG2022-162
Comments:
aLink to original contract:
3 https://documents.kentwa.gov/WebLink/DocView.aspx?
o IM id=232360&searchid=Oe673487 -5da4-4e5a-90db-cc68735a4058&dbid=0
c c
Vf 3
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Date Received:City Attorney: 9/19/23 Date Routed:Mayor's Office 10/2/23 City Clerk's Office10/3/23
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
•
KENT
WASHINGTON
CHANGE ORDER NO. #5
NAME OF CONTRACTOR: Westmark Construction, Inc ("Contractor")
CONTRACT NAME & PROJECT NUMBER:Police firing Range Ventilation Upgrade Project, CAG2022-
162
ORIGINAL CONTRACT DATE: 4/21/2022
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:
As described in attached Exhibit A, incorporated herein, contractor shall
provide labor and materials to manufacture more Ballistic plattring to
cover all the vents
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, $448,968.19
(including applicable alternates and
WSST)
Net Change by Previous Change Orders $59,005.37
(incl. applicable WSST)
Current Contract Amount $$507,969.33
(incl. Previous Change Orders)
Current Change Order $21,764.07
Applicable WSST Tax on this Change $2,198.17
Order
Revised Contract Sum $531,935.80
CHANGE ORDER - 1 OF 3
Original Time for Completion 12/31/2022
(insert date)
Revised Time for Completion under 12/31/2023
prior Change Orders
(insert date)
Days Required (f) for this Change Order 0 calendar days
[Revised Time for Completion 12/31/2023
sert date) :I
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:
CGca�Ce�We�lc�
By:Charles Weeks(Sep 18,202314:43 PDT) By; 1 �_
Charleseel<s�e) �J (si5narur )
Print Name: Print Name: Dana Ralph
ItS Project Manager Its
Sep 18,2023(title) (title)
DATE: DATE: 10/03/2023
CHANGE ORDER - 2 OF 3
ATTEST: APPROVED AS TO FORM:
(applicable if Mayor's signature required)
r
Kent City Clerk Kent Law Department
[In this field,you may enter the electronic filepath where the contract has been saved]
CHANGE ORDER - 3 OF 3
Exhibit A
6102 N 9th St,Suite 400
•��/1 Tacoma,WA 98406
WESTMARK
CONSTRUCTION
COP Contractor Breakdown Summary
Project Name: Kent Police Firing Range Upgrade RFI
Project No. 22-0032 Source Documents: Date: 7/21/2023
Contractor: Westmark Construction,Inc. Contractor Ref.No. COR-005
Description: Manufacture more Ballistic plattring to coverall the vents
1.CRAFT LABOR COSTS Itemize all costs on attached COP Cost Breakdown form.
Direct Labor Costs: Cost Code
a.Project Accounting 01-0008 $ 60.25
b.Project Manager Assistant 01-0010 $ 60.25
c.Project Engineer 01-0015 $ -
d.Project Manager/Acct Exec 01-0020 $ 190.00
e.General Superintendent 01-3050 $ 92.50
f.Site Superintendent w/Tools 01-3105 $ 720.00
g.Site Superintendent NO Tools 01-3107 $ -
h.Service Technician 01-3115 $ -
i.General Labor/Truck Driver 06-0590 $ -
j.Carpenter 06-1000 $ -
k.Premium Time 01-3150 $ -
I.Overtime Allowance 01-3160 $ -
DIRECT LABOR SUBTOTAL $ 1,123.00
Labor Markups: supervision markup should be
e.Direct Supervision(%of la) 15.0% 01-0025 $ - zero if superintendent time is
f.Safety(%of 1 a,b,&c) 2.0% 01-0025 $ 6.21 included in direct labor costs.
1.CRAFT LABOR COSTS $ 1,129.21
2. MATERIAL COSTS Cost Code
a.Material Total from Cost Breakdown Form 06-0500 $ -
2.MATERIAL COSTS $ -
3. EQUIPMENTCOSTS Cost Code
a.Equipment Total from Cost Breakdown Form 01-6450 $ -
3.EQUIPMENT COSTS $ -
4.SMALL TOOLS Cost Code
a.Small Tools(%of 1a&b) 3.0% 01-6490 $ 33.69
4.SMALL TOOLS $ 33.69
SUBTOTAL 1 thru 4 $ 1,162.90
5.OVERHEAD&PROFIT
a.Portion of 1,2,3,&4 OH+IA 10.0% 01-0025 $ 116.29
b.Portion of 1,2,3,&4 Profit 8.0% $ -
5.OVERHEAD&PROFIT $ 116.29
6. SUBCONTRACTORS Cost Code
a.Global Metal Works Ballistic Install 05-1200 $ 17,852.00
b. 0 $
C. 0 $
d. 0 $
e. $
f. $
6.SUBCONTRACTORS $ 17,852.00
7. OVERHEAD&PROFIT OF SUBCONTRACTORS
a.Portion of Line 6 OH+IA 10.0% 01-0025 $ 1,785.20
b.Portion of Line 6 Profit 8.0% $ -
7.OVERHEAD&PROFIT OF SUBCONTRACTORS $ 1,785.20
8. INSURANCE
a.Volume Driven Liability Insurance of 1-7 1.0% 01-0030 $ 209.16
b.Volume Driven Builder's Risk Insurance of 1-8a 1.5% 01-0040 $ 316.88 8.INSURANCE $ 526.05
9. BOND
a. Performance Bond of 1-8 1.5% 01-0050 $ 321.64 9.BOND $ 321.64
Number of days schedule change: _
10.DAILY AGGREGATE FEE Cost Code Itemize all costs on attached DAF Cost Breakdown form.
a.Daily Aggregate Fee 01-0005 10.D.A.FEES $ -
TOTAL COST $ 21,764.07
WSST 10.10% SALES TAX $ 2,198.17
TOTAL WITH TAX $ 23,962.25
Owner:
Architect: Westmark Construction:
g-ra Charles Weeks 8/21/202-3
signature signature
Print Name&Date Charles Weeks 8/21/2023
Print Name&Date Pdnt Name&Date
H:\Forms\Contract Forms Page 1 of 1 8/22/2023
COP Cost Breakdown
Project Name: Kent Police Firing Range Upgrade RFI 0
Project No. 22-CO32 Date: 4/26/2023
Contractor: Westmark Construction,Inc. Contractor Ref.No. COR-004
Unit Rate:Labor Rate:Material Rate:Equipment Total
Project Accounting 1 hours $60.25 $ 60.25 $ 60.25
Project Manager Assistant 1 hours $60.25 $ 60.25 $ 60.25
Project Engineer 0 hours $82.50 $ - $ -
Project Manager/Acct Exec 2 hours $95.00 $ 190.00 $ 190.00
General Superintendent 1 hours $92.50 $ 92.50 $ 92.50
Site Superintendent w/Tools 8 hours $90.00 $ 720.00 $ 720.00
Site Superintendent NO Tools 0 hours $90.00 $ - $ -
Service Technician 0 hours $95.00 $ - $
General Labor(rruck Driver 0 hours $72.50 $ - $
Carpenter 0 hours $85.00 $ - $
$ $
Premium Time 0 hours $6.00 $ - $
Overtime Allowance-1.4 times the Labor Rate 0 hours $1.00 $ - $
Building Materials 0 each $0.00 $ - $ $
$ - $ $
$ - $ $
Equipment 0 each $0.00 $ - $ $
0 0 day $ $ - $0.00 $ $ -
0 0 day $ $ - $0.00 $ $
0 0 day $ $ - $0.00 $ $
$ $ - $ $
$ $ - $ $
$ $ - $ $
Total Cost of Work $ 1,123.00 $ - $ - $ 1,123.00
WCI COP Ballistic Platting 5-11-2023.xlsx Page of 7/25/2023
KS b EREtl OqS.ANC.
LWaR 1144 Thorne Roan
GLpBALMftA Tacoma, Ws 9S421
2W-572-6363 office
253-572.54M Y x
www.glomIrnwe.com
August 4, 2023
Contractor: Westmark Construction
6102 N 9th St Suite 400
Tacoma, WA 98406-2097
Project: Kent Police Range
400 West Gowe St
Kent, WA 98032
To Whom It May Concern:
After original contract work was completed,the additional supply and installation of added AR 500
Plate has a cost breakdown of:
Material $3,243.00
Fabrication$7,991.00
Installation $6,618.00
Since el f
r.
!Wnn-on W ells
President
Global Metal Works& Erectors, Inc.
1,;
WESTMARK
CONSTRUCTION
City of Kent Firing Range Ventilation Upgrade/ FAC22-02
7-27-23 from Nathen Harper
1St email--Hi Charles, Sorry I missed your call we were conducting interviews
today. You have helped prove my point that these drawings show a design that
looks correct. I have attached the actual shop drawings that you signed, and they
clearly show that this really does nothing to accomplish what we
needed. Furthermore, this drawing looks to have never been shared with the City
of Kent.
I feel that this additional cost to correct this issue (Global) should also be taken on
by Westmark. The city is willing to pay for any additional materials to correct the
problem but nothing else. Installation, profit and overhead, Etc. Please provide a
breakdown in costs from Global showing materials as a separate broken out item.
The fact of the matter is that Range Systems sent us a proposal directly to the City
of Kent. They then sent you the shop drawings which you approved which
unfortunately were not correct.
2nd email--Charles, looking back at the project log I see where these were shared
with the city on 6/5 the same day you approved them. Unfortunately, they show all
the vents, exposed. I do not, however, have any emails showing that the City of
Kent approved them.
1,;
WESTMARK
CONSTRUCTION
A.
1. We are writing concerning the additional Ballistic Platting in Change Order#5
2. 1 sent these drawings. The first time was June 5th, at 9:41 and nobody looked at them, the
second time was 10:03,June 5th after your vendor called and said he needed a signed copy to
start production.That was when I approved these drawings on June 5th and sent them to all
parties involved, as these drawings came from your vendor. It is not our fault that the design by
your vendor was inadequate and changed.
3. If these drawings had been reviewed by the city when they arrived on June 51h this mishap may
never have happened and If I did not approve these drawings when I did,the fabrication would
not have started when it did.
4. 1 do not agree with the assessment that Westmark is responsible for this unfortunate design
flaw and feel that we are to be paid for this installation of the extra needed ballistic plating that
was designed and installed by Global Metal Works, who we tried to use from the onset of the
decision to install Ballistic Platting
5. On April 20th, 2023, 1 was given an approved drawing by the vendor, (Range Systems) and then,
On April 251h, 2023, 1 was given another set of approved drawings which, again, I shared with the
city.
On April 28th I was left a voice message stating that we needed to use Range Systems and their
design.
On June 51h, 2023, 1 was given another set of drawings that I was told needed to be approved to
move the Ballistic Platting into production, which again I shared with the city and received no
response until they were installed.
B. On July 271h, you acknowledge that no one from the city ever looked at these drawings.
July 24th you ask for the change order pricing.
C. I have continued to work in good faith to complete this and provide the goods, material; and
labor required to finish this project. I do not agree with the city's email sent on July 271h, 2023, in
which you state that the vender in question sent a proposal directly to the city and then sent me
drawings that were in fact not correct. How was I to know these were not correct as the first 2
drawings they sent were city approved.
Signature: r� en
EIi�HPmmen(C^en 1R.909414.75 PDT)
Email: ehemmen@kentwa.gov