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Home My WebLink AboutCAG2024-139 - Change Order - #11-Bayley Construction-FAC23-09C KEHOC Warehouse & Office Building-3/7/25 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: TK7—/'-/ Agreement Routing Form Dir. Assist: Kent Parks • For Approvals,Signatures and Records Management KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover WASHINGTON Sheet forms. Dir/Dep Dir: e Originator: Department: Leah Bryant for Nate Harper Parks, Recreation & Community Services Date Sent: Date Required: > 03/05/2025 03/11/2025 0 CL Authorized to Sign: Date of Council Approval: QDirector or Designee 3/5/2024 Budget Account Number: Grant? Yes WINo F20098.64110.9476 Budget?W]YesEl No Type: N/A Vendor Name: Category: Bayley Construction LP Contract Vendor Number: Sub-Category: = 2548901 Change Order 0 FAC23-09C KEHOC Warehouse and & Office Building Project Name: g 1.1. Project Details:Accelerate work on concrete slabs to eliminate any scheduling impact as a 0 = result of the timing of the delivery of final building forces, reactions, and *, locations of PEMB. . c 40 40 Agreement Amount: $158,857.71 Basis for Selection of Contractor: Bid `Memo to Mayor must be attached Start Date: March 2024 Termination Date: 7/31/2026 Im Q Local Business?F--]YeslzNo* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes In-Process Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: FTesONo CAG2024-139 Comments: im Change Order 11 c a� H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: ,c«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 CHANGE ORDER NO. 11 NAME OF CONTRACTOR: Bayley Construction LP ("Contractor") CONTRACT NAME & PROJECT NUMBER: FAC2309-C KEHOC Warehouse and Office ("Agreement") ORIGINAL CONTRACT DATE: 3/18/2024 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. Contractor shall provide all labor, materials, and equipment necessary to: Accelerate work on concrete slabs to eliminate any scheduling impact as a result of the timing of the delivery of final building forces, reactions, and locations of PEMB. 2. The total contract amount and time for performance provisions are hereby modified as follows. This adjustment constitutes a negotiated sum wherein the City agrees to pay the amount listed in consideration of Contractor's acceptance of the terms of this Change Order: Original Contract Sum, $29,900,294.10 (including applicable alternates and WSST) Net Change by Previous Change Orders $1,459,248.42 (incl. applicable WSST) Current Contract Amount $31,359,542.52 (incl. Previous Change Orders) Current Change Order $144,154.00 Applicable WSST Tax on this Change $14,703.71 Order Revised Contract Sum $31,518,400.23 CHANGE ORDER - 1 OF 3 Original Time for Completion 7/31/2026 (insert date) Revised Time for Completion under NA prior Change Orders (insert date) Days Required (f) for this Change Order 14 calendar days Revised Time for Completion 8/14/2026 (insert date) 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 accordance with Sections 7 and 8 of the Agreement's General Conditions, the Contractor accepts all requirements of this Change Order by signing below. Also, pursuant to the Agreement, Contractor agrees to abandon any protest and waive any claim it may have regarding the work described in this Change Order and acknowledges and accepts that this Change Order constitutes its final settlement and waiver 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 material costs, contract time, contract acceleration, onsite or home office overhead, lost profits, or any cumulative impacts of this and all other changes. 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. The City waives no rights, claims, or defenses through this Change Order, and does not relieve the Contractor from strict compliance with its continuing obligation to provide a complete project as detailed in the relevant plans and specifications contained within the Agreement. Contractor's waiver shall explicitly include, but not be limited to, any and all claims related to costs and delays associated or attributable in any way to the timing of Corona's delivery of final building forces, reactions, and locations thereof stamped by a Washington State licensed structural engineer and the City's finalization of its foundation design. This waiver shall apply to any and all claims attributable in any way to this delay and requested acceleration of work, up to the completion of the project, and including claims made or partially based on events occurring after the September 19th, 2023 agreement between the City and Corona was assigned to Contractor. The City does not waive any rights, claims, and defenses with regard to any claim or change order request associated with the delivery of the final design documents. Contractor's waiver shall exclude limited claims related to that are currently being discussed with the City directly related to the 2nd floor admin staircase floor deck under ship ladder. The City's agreement to this exclusion does not admit fault or responsibility on behalf of itself or any third party and does not waive any right, claim, or defense as to this pending issue. 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. CHANGE ORDER - 2 OF 3 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. IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. CONTRACTOR: CITY OF KENT: L"iq�e ara"& �A By:Steph�ar 5,202514:01 HST) By ie Parascon ola(Mar 6,202511:01 PST) Print Name: Stephen Grasso Print Name: Julie Parascondola Its CEO Its: Director-Parks DATE: Mar 5,2025 DATE: Mar 6,2025 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department CHANGE ORDER - 3 OF 3 khg Signature: TonTohau�L(Mar 5,20 5 4:25 PST) Signature: A—VIz(Mar 6,202509:11P5T) Email: tkhau@kentwa.gov Email: parkscontracts@kentwa.gov ' Kim Komafo Signature: Brian Brian Levenhagen(Mar6,202510:54�PST)PST) Signature: Kim Komoto(Mar 6,202514:09 PST) Email: bjlevenhagen@kentwa.gov Email: cityclerk@kentwa.gov FAC23-09C-KEHOC Warehouse and Office Building - C011 Final Audit Report 2025-03-06 Created: 2025-03-05 By: Leah Bryant(Ibryant@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAPeRyPuoh5AdgocXhC449feXalgAB85LO "FAC23-09C-KEHOC Warehouse and Office Building - C011 " History Document created by Leah Bryant(Ibryant@kentwa.gov) 2025-03-05-10:03:45 PM GMT Document emailed to tkhau@kentwa.gov for signature 2025-03-05-10:07:20 PM GMT Email viewed by tkhau@kentwa.gov 2025-03-05-10:23:30 PM GMT dp Signer tkhau@kentwa.gov entered name at signing as Tona Khau 2025-03-05-10:25:50 PM GMT dp Document e-signed by Tona Khau (tkhau@kentwa.gov) Signature Date:2025-03-05-10:25:52 PM GMT-Time Source:server Document emailed to steveg@bayley.net for signature 2025-03-05-10:25:54 PM GMT Email viewed by steveg@bayley.net 2025-03-05-11:01:26 PM GMT d4 Signer steveg@bayley.net entered name at signing as Stephen Grasso 2025-03-06-0:01:24 AM GMT �p Document e-signed by Stephen Grasso (steveg@bayley.net) Signature Date:2025-03-06-0:01:26 AM GMT-Time Source:server Document emailed to Kent Parks (parkscontracts@kentwa.gov) for signature 2025-03-06-0:01:28 AM GMT Adobe Acrobat Sign Email viewed by Kent Parks (parkscontracts@kentwa.gov) 2025-03-06-5:09:35 PM GMT dp Document e-signed by Kent Parks (parkscontracts@kentwa.gov) Signature Date:2025-03-06-5:11:22 PM GMT-Time Source:server C'► Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov)for signature 2025-03-06-5:11:25 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2025-03-06-6:53:40 PM GMT dg Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2025-03-06-6:54:29 PM GMT-Time Source:server Document emailed to Julie Parascondola (jparascondola@kentwa.gov) for signature 2025-03-06-6:54:31 PM GMT Email viewed by Julie Parascondola (jparascondola@kentwa.gov) 2025-03-06-7:00:43 PM GMT Document e-signed by Julie Parascondola Qparascondola@kentwa.gov) Signature Date:2025-03-06-7:01:10 PM GMT-Time Source:server Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature 2025-03-06-7:01:12 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2025-03-06-8:09:49 PM GMT Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date:2025-03-06-8:10:18 PM GMT-Time Source:server Document emailed to cityclerk@kentwa.gov for signature 2025-03-06-8:10:23 PM GMT Email viewed by cityclerk@kentwa.gov 2025-03-06-10:09:02 PM GMT Signer cityclerk@kentwa.gov entered name at signing as Kim Komoto 2025-03-06-10:09:20 PM GMT Document e-signed by Kim Komoto (cityclerk@kentwa.gov) Signature Date:2025-03-06-10:09:22 PM GMT-Time Source:server Agreement completed. 2025-03-06-10:09:22 PM GMT Adobe Acrobat Sign