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HomeMy WebLinkAboutCAG2022-341 - Change Order - #14 - SCI Infrastructure, LLC - 76th Avenue South - North Segment - 7/2/24 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. WASH I N G TON (Print on pink or cherry colored paper) Originator: Department: C. Frame PW Engineering Date Sent: Date Required: > 7/1/2024 N/A 0 L Ca Authorized to Sign: Date of Council Approval: 0 Director or Designee ❑ Mayor 08/02/2022 Budget Account Number: Grant? 0 Yes ❑No R90125.64110.120 Budget? El Yes ❑ No Type: Federal Vendor Name: Category: SCI Infrastructure, LLC. Contract Vendor Number: Sub-Category: C 170264 Change Order#14 0 0 Project Name: 76th Avenue South - North Segment L �C. Creates a bid item to provide compensation for 2 items: 1)Variation in estimated qty of BI 1076-Gravel C Project Details:Borrow Incl. Haul.2)Charging 8 days of liquidated damages.This change order also adds 4 working days r to the contract added night time req. for water svc connections. C d Agreement Amount: $5,577.59 Basis for Selection of Contractor: E Bid a� i Start Date: N/A Termination Date: 116 Working Days Im 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 CAG2022-341 Date Received by City Attorney: Comments: ✓ n C a+ 3X a, a, cc ,� .a p� Date Routed to the Mayor's Office: N N Date Routed to the City Clerk's Office: n 1 1 1, adccW22373 , 20 Visit Documents.KentWA.gov to obtain copies of all agreements KENT Wns HIHOTON CHANGE ORDER NO. #14 NAME OF CONTRACTOR: SCI Infrastructure, LLC ("Contractor") CONTRACT NAME & PROJECT NUMBER: 76th Avenue South - North Segment ORIGINAL CONTRACT DATE: August 23, 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: This change order creates a bid item to provide compensation for 2 items: 1) Variation in the estimated quantity of Bid Item 1076 - Gravel Borrow Incl. Haul. 2) Charging 8 days of Liquidated Damages. This change order also adds 4 working days to the contract added night time requirements for water service connections. 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, $4,165,504.10 (including applicable alternates and WSST) Net Change by Previous Change Orders $171,838.63 (incl. applicable WSST) Current Contract Amount $4,337,342.73 (incl. Previous Change Orders) Current Change Order $5,577.59 Applicable WSST Tax on this Change $0.00 Order Revised Contract Sum $4,342,920.32 CHANGE ORDER - 1 OF 3 Original Time for Completion 75 working days (insert date) Revised Time for Completion under 32.5 working days prior Change Orders (insert date) Days Required (f) under Minor Change 4.5 working days Orders Days Required (f) for this Change Order 4.0 working days Revised Time for Completion 116 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. CHANGE ORDER - 2 OF 3 IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. CONTRACTOR: CITY OF KENT: �Al S T R ' 1 � /� Bieranly signed by Chad (7 v i� L.4�iI Chad B i e re n Date:2024.06.26 By: By: 1 ore 9-07'00' (sl nature) (signature) P,rin ame: ir`'E�V- 5f G� 'v� 4-D Print Name: Chad Bieren,P.E. Its Public Works Director (title) (title) DATE: DATE: AF EC KP ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department Cttn this field,you may enter the electronic filepath where the contract has been saved] CHANGE ORDER - 3 OF 3 Project: 76th Avenue South - North Segment Project No: 21-3012 Project Engineer: Mark Madfai Fed-Aid No: STPUL-1075(004) Capital Projects Cameron Bloomer (KBA, Inc.) Contractor: SCI Infrastructure Manager: Date: 6/3/2024 I. Proposed Change This change order creates bid items to reconcile 2 outstanding contract close-out items: 1) Variation in the estimated quantity of Bid Item 1076 - Gravel Borrow Incl. Haul; and 2) Charging 8 days of Liquidated Damages. This change also reconciles final contract working days to include the addition of 4 working days to account for night time working requirements on private property water service connections. II. Reason and Background for Change 1) Bid Item 1076 - Gravel Borrow Ind Haul, had a bid proposal quantity of 12,400 tons. The final paid quantity was 7,423 Tons, less than 60% of bid quantity. The Contractor compiled their cost and requested to revise the unit price from $30.44, for a total equitable adjustment of $45,577.59. The City reviewed and agreed to the adjustment as fair and reasonable. 2) The original contract allowed for 75 working days to complete the work, and 41 days were added via change order for a total of 116 working days. The final statement of working days shows the Contractor used 124 working days, 8 days over the total allowed. Specification Section 1-08.9 establishes a $5,000/day cost. 3) A property owner would only allow impacts to their water service to occur between the hours of lam and 4am. This was not an original contract requirement, and pulled the pipe crew from advancing their storm work and slowed grading operations which are critical patch activities. There were 2 buildings that had this requirement, and SCI had to perform work on them at least twice each. The City agreed to add 4 workings days for this added requirement. III. Method of Payment NEW PAY ITEMS ❑ Notapplicable Sch. Total Est. Total Estimated Cost of No Item Description t Unit Unit Price Item I BI 1076 Variation in Estimated Quantity 1 LS $45,577.59 $ 45,577.59 I Liquidated Damages 8 DAY -$5,000.00 $ (40,000.00) New Pay Items Total: $ 5,577.59 DELETE EXISTING PAY ITEM(S) per 1-09.5 ❑J Not applicable Sch Bid Item No. Item Description Qty Unit Unit Price Cost of Item No. $ - *TOTAL ESTIMATED COST OF CHANGE ORDER: $5,577.59 * Total of the Cost of Item Columns IV. WORKING DAYS Original Contract: 75 Due This Change Order: 8.5 Previous Total: 107.5 Explanation/.justification for Additional Working Days: A property owner would only allow impacts to their water service to occur between the hours of lam and 4am. This was not an original contract requirement, and pulled the pipe crew from progressing their storm work and slowing grading operations which are critical patch activities. There were 2 buildings that had this requirement, and SCI had to perform work on them at least twice each. The City agreed to add 4 workings days for this added requirement. Change Order Working Days Reconciliation: Original Contract: 75 Working Days added in CO's 1-12: 31 Working Days added in CO 13: 1.5* Previous Total: 107.5 CHANGE ORDER 14 Working Day Breakdown: Minor Change Order Working Days Added (MCO's 1-12): 6 (MCO 6 = 1.5; MCO 12 = 4.5) *CORRECTION - CO 13 not Critical Path (deduct): -1.5 Working Days added in CO 14: 4 Due This Change Order: 8.5 Final Total Contract Working Days: 116 Summary Of Working Days Due in CO 14: Add 6 Working Days for Minor Change Orders previously agreed to and processed. Deduct 1.5 Working Days that was included in CO 13. Add 4 Working Days for current change order (CO 14) considerations. *TOTAL WORKING DAYS: 116 * This Change Order + Previous Total Capital Projects Manager: Date: /1_5 C eron Bloomer tkBA, Inc) Construction Engineering Date: 3 Supervisor: L L-k�- - Jas n Barry 61/ Construction Manager: -`"�, _ � ' ,f Date: 6/13/24 Eric Connor SCI lnita ,� Iruclote . LLC ; � � January 10, 2024 Cameron Bloomer KBA 11201 SE Eighth St Unit 160 Bellevue, WA 98004, RE: City of Kent 761"Ave S Improvements Variation in Estimated Quantities Request for Equitable Adjustment-Bid Item 1076 Gravel Borrow Cameron, SCI Infrastructure is requesting an equitable adjustment in the unit price for Bid Item 1076-Gravel Borrow in accordance with Section 1-04.6 of the Standard Specification. This request is allowed under Section 1-04.6 Variation in Estimated Quantities of the Standard Specifications. The original bid quantity shown in the Bid Proposal is 12,400 tons. The actual quantity of Gravel Borrow furnished and installed is 7,423.06 tons which is 59.86% of the original bid quantity. We experienced an increase in costs for performing this work solely due to the reduction in quantity. Enclosed is our worksheet showing an increase in cost of approximately $10.00 per ton due to the same finishing,placing and maintenance costs associated with the work. We request an equitable adjustment in the unit price to compensate us for our added costs up to the maximum allowable amount of 75% of the original total Bid Item price. Using the 75% of the original Bid Item price, please revise our Unit Price for all Gravel Borrow furnished and installed on this project to $30.44 per ton. Please process a deductive Change Order as follows: Gravel Borrow 7,42306 Tons at original unit price $24.30=$180,380.36 Please process an additive Change Order at the revised unit price as follows: Gravel Borrow 7,423.06 Tons at Revised Unit Price$30.44=$225,957.95 2821 South 1501 Street; Seattle,WA 98188 Office (206)242-0633/Toll Free (800)255-0633 Fax(206) 242-0792 www.sciinfrastructure.com Contractor License#SCIINL*9931A If you have any questions, please contact me at your convenience. Sincerely, SCI INFRASTRUCTURE, LLC Jason Craig Construction Manager 2821 South 15411 Street; Seattle,WA 98188 Office (206) 242-0633/Toil Free (800)255-0633 Fax(206) 242-0792 www.sciinfrastructure.com Contractor license#SCIINL*9931A Bid Item#1076 Gravel Borrow Incl. Haul " .y...a� T� .�-'^''�spa- .S•& �.: ., �./ ✓' ,„.�.✓i�"��"'.r`''a."?.'r"Y .T✓ '',. �-"f�' - �-_✓�r„�.�J�":...,, r,. I Labor: Rate/MH No. Hours / Day Days Subtotal: Foreman $ 94.62 1 4.00 10.00 7,569.60 Foreman OT $ 127.13 1 8.00 -- - Operator $ 89.74: 1 8.00 10.00 7,179.20 Grade Engineer(0) $ 89.74 1 8.00 - Laborer• $ 6Z:20 1 8.00 - Grade Checker(L) $ 70.76.. 1 8.00 10.00 5,660.80 Pipelayer $ 58.41 1 8.00 - - Flagger $ 57.09 1 8.00. - - Teamster $ 85,22 1 8.00 41.00 27,952.16 Subtotal Cab.or: $ 48,361 76- 1 B Equipment: Rate/Hr No. Hours / Day Days Subtotal: Foreman Truck 36.67: 1 8.00. 10.00 2,933.60 Dump Truck 99.66 1 8.00. 41.00 32,688.48 D61 Dozer ' 228.62,' 1 8,00. 10.00 18,289.60 84" Drum Roller 148.42 1 8.00 10.00 11,873.60 320 Loader 87.14: 1 8.00. 10.00 6,971.20 1 8.00 - 1 8.00 0 1 8.00 Subtotal Equipment: $ 72,756.48 1C Subcontractors Quantity UM Cost/Unit Subtotal: 1 LS - - 1 LS - - 1 LS - - subtotal Subcontractor - 1 D Materials Quantity UM Cost/Unit Subtotal: Gravel Borrow 7423.06 TON $ 8.30 - 61,628.69 $ $ - - SubtotalMaterials 61628,69 Subtotal Items 1A-1D 3 18.Z;746.93 Mark-Up on Labor at 31%, $ 14,992.15 Mark-Up on Equipment at 21%: $ 15,278,86 Mark-Up on Subcontractors at 12%: $ -- Mark-Up on Materials at 21%: $ 72,942.03 (Tc�t�E'Cast lA 1D s '° �� , . � . ,��.:��...��r��� ��,.,- �,-����9 $30.44 Project: 76th Ave South-North Segment Statement NO.: 37r1 Owner: City of Kent Week Endin : 8/12/2023 Contractor: SCI Date Prepared: 6/1/2024 Project No: 21-3012 Fed Aid No: 1075(004) The following statement shows the number of working days charged to the Contract for the week indicated. or I ng Uay (Describe reason for non-working day or partial day- Date Day (0,0.5, or 1.0) type of weather,holiday,supervision,etc.) 8/6/2023 Sunday 0 8/7/2023 Monday 1 8/8/2023 Tuesday 1 Substantial Completion 8/9/2023 Wednesday 0 8/10/2023 Thursday 0 8/11/2023 Friday 0 8/12/2023 1 Saturday 0 Working days charged this week: 2 Working days previously reported (from previous report): 122 Total working days to date: 124 Starting date specified in Notice to Proceed: 11/30/2022 Working days specified in contract: 75 Change Order Days Granted: 41 Current Contract Working Days: 116 Contract Completion Date- Estimated: 3/24/22 Work days remaining to complete contract: -8 Remarks: SL 010 changed start date of suspension for handrail from June 26 to June 6, 2024, reducing Working days previouly reported from 136 to 122. CO 6 added 1.5 working days CO 7 added 1 working day CO 9 added 1 working day CO 10 added 2 working days MCO 6 added 1.5 working days MCO 12 added 4.S working days MCO 13 adding 4 days for additional handrail at stairs CO 14 added 4 working days Cameron Bloomer 6/3/2024 (Owner Representative's Printed Name) Signature Date Copies to: Contractor(hard copy&PDF) Project File(hard copy&PDF) Owner(PDF) PUBLIC WORKS Chad Bieren,PE, Director 400 West Gowe ! Kent,WA 98032 �- K ENT Fax:253-856-6500 WASHINGTON PHONE: 253-856-5500 June 5, 2024 Serial Letter 010 Jason Craig SCI Infrastructure, LLC 2821 S. 1541h Street SeaTac, WA 98188 Re: Request for Additional Working Days 76th Avenue South — North Segment Project No.: 21-3012 Federal Aid No.: STPUL-1075(004) Jason, The City is in receipt of your letter dated April 12, 2024, providing supplemental information for your request to add 26 additional working days per Section 1-08.8 of the contract. The City and SCI met on May 31, 2024 to discuss the three items in more detail. The City maintains there is no entitlement for additional working days associated with the driveway work and schedule slip of the roadway cure time date, for the reasons stated previously in SL 009, sent on March 15, 2024 and as noted below. • Request for an Additional 13 days due to property owner Blue Origin's requirements during driveway installation. The City's documentation shows the concrete driveways were installed at the same time as the concrete roadway. Combined with the sidewalk, concrete roadway included 20 days on the baseline schedule. SCI did not note any specific requirements enforced that deviate from the contract to justify entitlement to additional days. • Request for an additional 9 working days due to the suspension for roadway curing slipping from March 27th, 2023 to May 9th, 2023 as a result of Blue Origin demands. The City notes Change Order 5 added 25 working days for additional concrete pavement work that accounts for the bulk of this schedule slip. The contract requires SCI to maintain access to driveways and maintain the roadway in an open (one-way) traffic configuration. SCI did not note any specific requirements enforced that deviate from the contract to justify entitlement to additional days. SCI requested the City add 6 days to the contract for added night shift requirements for water service connections that delayed critical patch grading activities, stating each of the three connections delayed critical path activities by 2 days. The City's documentation shows the connection to the building on the NW corner, which was demolished, was performed during the day. The City agrees to add 4 working days to the contract for the water service connections > having to be done before 1 and 4 am, as this requirement was not included in the original 0 contract and did impact crew availability for critical path activities. Q c a� Y 0Mayor Dana Ralph Lityo K01tt Public works Department In the Meeting on May 31, 2024 the City and SCI discussed an additional item. On June 6, 2023 the City lifted the suspension for roadway cure time before channelization work could begin. Channelization was completed on Saturday June 24th, 2023 and an additional suspension for handrail fabrication/procurement was granted on Monday June 26th, 2023. During this time period, the City charged SCI 14 working days. Because Substantial Completion could not have been achieved during this time period with channelization alone, the City agreed the suspension for handrail fabrication should be extended back to June 6th and will not charge SCI those 14 calendar days. The final Weekly Statement of Working Days will be re-issued to capture this agreement. Please feel free to reach out to me if you have any questions. Sincerely, p Eric Connor Construction Engineering Manager Cc: Kelly Peterson, Deputy Public Works Director of Engineering Dave Brock, PE, Deputy Public Works Director of Operations Carla Maloney, PE, Design Engineering Manager Mark Madfai, PE, Engineer of Record Cameron Bloomer, PE, KBA Resident Engineer