HomeMy WebLinkAboutCAG2021-332 - Change Order - #9 - Scarsella Bros., Inc. - Summit Landsburg Rd and Rock Creek Culvert Replacement - 1/22/25 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.
WASHINGTON (Print on pink or cherry colored paper)
Originator: Department:
C. Frame PW Engineering
Date Sent: Date Required:
> 1/15/2025 1/24/2025
0
fl. Authorized to Sign: Date of Council Approval:
❑ Director or Designee El Mayor N/A
a
Budget Account Number: Grant? ❑Yes El No
W20005.64110.330
Budget? El Yes ❑No Type: N/A
Vendor Name: Category:
Scarsella Bros, Inc. Contract
Vendor Number: Sub-Category:
34547 Change Order#9
0
Project Name: Summit Landsburg Rd and Rock Creek Culvert Replacement
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� Project Details: Final contract apprentice utilization hours penalty for not achieving the 15%
minimum contract apprentice requirement.
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Agreement Amount: $-1,711.10 Basis for Selection of Contractor: Bid
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L. Start Date: N/A Termination Date: 112 Working Days
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Local Business? ❑Yes ❑No*
*Ifineets requirements per KCC3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspoce.
Notice required prior to disclosure? Contract Number:
❑Yes IZI No CAG2021-332
Date Received by City Attorney: Comments:
tm
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1/15/25
0
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Date Routed to the Mayor's Office: 1/22/25
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Date Routed to the City Clerk's Office: 1/23/25
adccWB73120 Visit Documents.KentWA.gov to obtain copies of all agreements
•
KENT
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CHANGE ORDER NO. #9
NAME OF CONTRACTOR: Scarsella Bros. Inc. ("Contractor")
CONTRACT NAME & PROJECT NUMBER: Summit Landsburg RD and Rock Creek Culvert Realc.
ORIGINAL CONTRACT DATE: July 20,2021
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 addresses the final contract apprentice utilization
hours penalty for not achieving the 15% minimum contract apprentice
requirement.
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, $2,288,875.34
(including applicable alternates and
WSST)
Net Change by Previous Change Orders $419,346.98
(incl. applicable WSST)
Current Contract Amount $2,708,222.32
(incl. Previous Change Orders)
Current Change Order $4,711.10
Applicable WSST Tax on this Change $0.00
Order
Revised Contract Sum $2,706,511.22
CHANGE ORDER - 1 OF 3
Original Time for Completion 150 working days
(insert date)
Revised Time for Completion under -38 working days
prior Change Orders
(insert date)
Days Required (f) for this Change Order 00 working days
Revised Time for Completion 112 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:
By: �ll� By-.4 _
(signature) (signature)
Print Name: Matthew Scarsella Print Name: Dana Ralph
Its Project Manager Its Mayor
(title) (title)
DATE: /3/ZOOS` DATE: 01/22/2025
.AEC KP
CHANGE ORDER - 2 OF 3
ATTEST: APPROVED AS TO FORM:
(applicable if Mayor's signature required)
1407� 0-"CA
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
-�► File No. 200.2
KEN T
WASMINU LON
CHANGE ORDER WORKSHEET NO. 09
Construction Engineering Division - Public Works
Project: Summit Landsburg Road and RockCreek Project No: 13-3007.5
Culvert Replacement
Project Engineer: Stephen Lincoln, PE Fed-Aid No: N/A
Capital Projects Jason Barry Contractor: Scarsella Bros., Inc.
Manager:
Date: 1/8/2025
I. Proposed Change
This change addresses final contract apprentice utilization hours.
This change addresses the penalty for not achieving the 15% minimum contract apprentice requirement.
II. Reason and Background for Change
The contract included Special Provision 1-07.9(3) Apprentices which states "All contracts with an
estimated construction cost greater than $1,000,000 (one million dollars) shall require no less than 15
percent of the labor hours performed by workers subject to prevailing wages employed by the contractor
or its subcontractors be performed by apprentices enrolled in a state-approved apprenticeship program."
Based on certified payrolls filed for the project, only 12.26% was achieved. Per Kent City Code 6.01.030
section E, a penalty of $10/hour will be applied to each hour not achieved. Total labor hours for the
project, excluding foreman, was recorded as 6,255,75. 15% of this amount is 938.36. Actual apprentice
hours have been recorded as 767.25, which equates to a 171.11 hour short fall.
III. Method of Payment
NEW PAY ITEMS ❑ Not applicable
Schh. Item Description Total Est. Unit Unit Price Total Estimated Cost of
No Item
I Apprentice Penalty -171.11 HRS $10.00 $ (1,711.10)
New Pay Items Total: $ (1,711.10)
Page 1
DELETE EXISTING PAY ITEMS) per 1-09.5 n Notapplicable
Sch Bid Item No. Item Description 7 Qty Unit Unit Price Cost of Item
Delete Existing Pay Items Total: $ -
INCREASE/DECREASE TO EXISTING PAY ITEMS) P] Notapplicable
Sch Bid Item No. Item Description
p Qty Unit Unit Price Cost of Item
Increase / Decrease to Existing Pay Items Total: $ -
*TOTAL ESTIMATED COST OF CHANGE ORDER: -$1,711.10
* Total of the Cost of Item Columns
IV. WORKING DAYS
Original Contract: 150 Due This Change Order: 0 Previous Total: 112
*TOTAL WORKING DAYS: 112
* This Change Order + Previous Total
Capital Projects Manager: Date:
J�Jon Barry
Capital Projects Date:
Supervisor
L-xl--
Jatn Barry
Construction Manager: �-� .. Date: Av-/M�
Eric Connor
Page 2
Barry, Jason
From: Barry, Jason
Sent: Friday, January 10, 2025 1:59 PM
To: Matthew Scarsella
Subject: RE: Summit Landsburg Culvert Replacement - Affidavit Update
Thank you! Have a good weekend.
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
(CENT JbarryCa)KentWA.gov
wo's-aYoM Y
'! www.KentWA.aov ■■
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-
MAIL
From: Matthew Scarsella <matthew.s@scarsellabros.com>
Sent: Friday,January 10, 2025 1:34 PM
To: Barry,Jason<JBarry@kentwa.gov>
Subject: RE:Summit Landsburg Culvert Replacement-Affidavit Update
L
age originated outside the City of Kent. Use caution when following links or opening
ts as they can be malicious. Please contact IT Security at ISP KentWA.aov with any
Hi Jason,
The change order looks good. Feel free to move forward with signatures.
Thanks,
M att
Scarsella Bros., Inc.
Matthew Scarsella, P.E. I Project Manager
P.O. Box 68697
Seattle,Washington 98168-0697
o: (253) 872-7173 1 c: (206) 817-2765
matthew.sPscarsellabros.com
From: Barry,Jason<JBarrv@kentwa.gov>
Sent: Friday,January 10, 2025 11:18 AM
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1/18/23,8:17 AM Chapter 6.01 PUBLIC WORKS CONTRACT REQUIREMENTS
Chapter 6.01
PUBLIC WORKS CONTRACT REQUIREMENTS
Sections:
6,01,010 State law contract requirements.
6,01.020 Contracting and procurement process.
6.01.030 Public works apprentice program.
"Cross reference(s)—Department of public works,ch.2.28;procurement contracts,ch. 3.70.
State law reference(s)—Public works contracts,RCW 35A.40.200,3 .04.0 0 et seq.
6.01.010 State law contract requirements.
-....... . ..... . ................_...- .. . ...... ... . ..... .............. . ........._... ................... ...
All public works and improvements contracts entered into by the city shall be in conformance with,and subject to,
the following minimum provisions of the Revised Code of Washington,which are not exclusive:
1. Chapter 39.04 RCW relating to public works.
2. RCW 35 22.620,35 23.352, 35A.40.210. and 39.04.155 relating to competitive bidding for public works,
and purchases of goods,materials,equipment,and supplies.
3. RCW 9.18.120 and 9.18,150 relating to the suppression of competitive bidding.
4. Chapter 60.28 RCW relating to liens for materials and labor performed.
5. Chapter 39.08 RCW relating to contractor's bonds.
6. Chapter 39.12 RCW relating to prevailing wages.
7. Chapter 49.12 RCW relating to hours of labor.
8. Chapter 51.12 RCW relating to worker's compensation.
9. Chapter 49,60 RCW relating to antidiscrimination in employment.
10. Chapter 39.28 RCW relating to emergency public works.
(Ord.No.392�,§ 1, 1-21-92;Ord. No.4150,§3,5-19-15;Ord. No.4312,§ 1,3-5-19.Formerly Code 1986,§4.02.010)
State law reference(s)—Public works and contracts,RCW 35A.40.200,39,04.010 et seq.;bids,RCW 35,23,352,
19 8.120, .19 8.150;liens,RCW 60.28.010 et seq.;contractor's bonds,RCW 39.08.010 et seq.;prevailing wages.RCW
139. 2.010 at seq.;resident employees on public works, RCW 39.16.010 et seq.;hours of work,RCW 49.28.010 et seq.;
workers'compensation,RCW 51.12.010 et seq.;antidiscrimination in employment,RCW 51.12.010 et seq.;state of
Washington preference,RCW 39.24.010 et seq.;emergency public works, RCW 39.28.010 et seq.
6.01.020 Contracting and procurement process.
..................................................................................................................................._...................................................................................
.._. ............... .._.
All public works and improvement contracts entered into by the city shall also be in conformance with and subject
to the contracting and procurement process provided for in Chapter.770 KCC, unless otherwise provided.
(Ord.No.4150,§3,5-19-15;Ord.No.4312,§ 1,3-5-19)
6.01.030 Public works apprentice program.
https://www.codepublishing.com/WA/Kent/?KentO6/KentO601.html#6.01.030 1/3
1/18/23,8:17AM Chapter6.01 PUBLIC WORKS CONTRACT REQUIREMENTS
A. Purpose.The city of Kent recognizes that a well-trained construction workforce is critical to the ability of
constructing successful public works projects.Apprenticeship training programs are particularly effective in
providing training and experience to individuals seeking to enter or advance in the workforce.By providing for
apprenticeship utilization on public works projects,the city can create opportunities for training and experience
that will help assure that a trained workforce will be available in sufficient numbers in the future for the
construction of public works projects.
B. Project requirements.
1. Public work projects, as defined in KCC 3.70.030 and RCW 39.04.010,with an estimated construction
cost greater than$1,000,000 shall require that no less than 15 percent of the labor hours performed by
workers subject to prevailing wages employed by the contractor or its subcontractors be performed by
apprentices enrolled in a state-approved apprenticeship program.
2.The contractor may elect to meet the requirements of this subsection(B)as part of the work of a
subcontractor;however,the contractor shall retain the responsibility for complying with this section.,
C.Administration.The chief administrative officer or his/her designee("CAO")shall implement and administer this
section and shall develop and adopt procedures to implement and enforce this section.The chief administrative
officer or his/her designee shall establish and maintain contract specification language to implement the
apprenticeship requirement and develop and implement a system for monitoring the actual use of apprentices on
public work contracts.
D.The chief administrative officer or his/her designee may waive or adjust the apprenticeship requirements for
apprentices in bid documents under the following circumstances:
1.The apprenticeship requirement conflicts with state or federal funding conditions, or the conditions of any
other grant or funding program;
2.An insufficient number of apprentices is available to meet the contract requirements;
3.The project involves a high proportion of equipment and materials costs compared to the anticipated labor
hours;
4.The contractor has demonstrated that is has utilized its"best efforts"to meet the established percentage
requirement, but remains unable to fulfill the goal;or
5. In order to meet the requirement,the contractor will be forced to displace members of its workforce.
If waiver is appropriate,the director shall prepare a memo to the chief administrative officer or his/her designee
outlining the reasons for the requested waiver. If the chief administrative officer or his/her designee authorizes the
waiver,the project may proceed without complying with the requirements in subsection (B)of this section.The
document evidencing the waiver granted by the chief administrative officer or his/her designee shall be
maintained with the contract on file with the city clerk's office in accordance with KCC3 70.050.
E.Penalty for noncompliance.
1.A contractor or subcontractor failing to comply with the apprenticeship requirements of this section shall
be assessed a penalty of$10.00 for each hour that is not achieved.
2.An appeal of an assessed penalty shall be filed in writing with the chief administrative officer or his/her
designee within 10 business days of the imposition of penalties.
https://www.codepublishing.comfWA/Kent/?Kent06/KentO601.html#6.01.030 2/3
1/18/23,8:17 AM Chapter 6.01 PUBLIC WORKS CONTRACT REQUIREMENTS
3.The chief administrative officer or his/her designee shall either affirm, reduce,or reverse the imposition of
the penalty based upon the specific facts and circumstances and the existence and extent of any good faith
efforts of the contractor to comply with the requirements of this section.
(Ord. No.4312,§ 1,3-5-19)
A
The Kent City Code is current through Ordinance 4444,
passed November 1,2022.
Disclaimer:The City Clerk's Office has the official version of the
Kent City Code.Users should contact the City Clerk's Office for
ordinances passed subsequent to the ordinance cited above.
https://www.codepubilshing.comfWA/Kent/7KentO6/KentO601.html#6,01.030 3/3