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HomeMy WebLinkAboutCO 05RENTON
AHEAD OF THE CURVE
1055 South Grady Way
Renton, WA 98057
CONTRACTOR:
Atkinson Construction
707 S Grady Way Ste 500
Renton, WA 98057
PROJECT:
Strander Blvd, SW 27th St Extension
Phase i
�-o #S7-/2
Review
Date: Auaug 10.2012
® Doa mentation
Federal Aid: STPUL- 1276(004). HPP12761005) 9 Res:dentEngr
State Contract.- N/A © Materials Appr Ergs
Contract: CAO 11 -133 19 City Project Mancsger
Projects:
Change Order: 04 O Finance (>t0%)
RECAPITULATION
ORIGINAL CONTRACT: $ 11.381.158.70
PREVIous ADDITIONS: $ 121,748.65
PREVIOUS DEDUCTIONS: $ 0.00
PREVIOUS TOTAL. $ 11.502,907.35
THIS CHANGE (ADD.): $ 209.772.86
TOED.): 11 $ 0.00
ADJUSTED TOTAL. 11 $ 11.712.680.21
Sections 1-04.4 and 1 -04.5 of the 2010 Standard Specifications shall govern the issuance of this Change Order. The work of
this contract is herein modified to include the change detailed below. Additional quantities for existing and new items shall
constitute the complete and final settlement for all costs of labor, material, equipment, overhead, profit, permit fees, damages
(whether direct or indirect), and all other claims by the contractor as a result of this change.
The time for completion is not changed by this Change Order;
zero working days are hereby added to the contract.
(CONTINUED NEXT PAGE...)
Your proposal and this acceptance shall constitute and become part of the contract,
subject to all conditions contained therein, as modified b nge Order.
Accepted ore Approved by;
Date City of Renton Transportation Design Supervisor Date
By: 9 0( 4 10
A Construction
Admowledged by:
Surety
Surety Seal (if Applicable)
Page 1 of 2 _ Logged (Oty of Renton use only)__
8 l 0.2012
Atkinson Construction
Strander Blvd., SW 27'x' St Extension
Change Order 4
July 10, 2012
Reason for Change:
The plan dewatering discharge location raised the water elevation of a wetland mitigation site south
of the project. The wetland plants were showing signs of stress and it was determined to suspend
pumping operations at the end of shift on July 6, 2012. The discharge location is revised to the exist-
ing manhole Facility ID: 134174 located approximately 1000' north of Longacres Way on the east
side of the BNSF tracks. Work is to include the installation of approximately 3,200 LF of 18" and
12" HDPE, associated valves and modification of the manhole cover for discharge piping. Work will
also include crossing and patching Longacres Way, re- design of the dewatering system and environ-
mental review. The repair of any 3rd party damage to the new run of pipe will be paid under Bid Item
No. 121 Minor Change.
Except for the repair of Yd party damage and the revision of the discharge location, this change order
does not alter the requirements of 7 -06 Dewatering.
Add the Following New Items to Contract CAG 11 -133:
Description:
Add the New Bid Item 142 Revised Dewatering Pipe. This Lump Sum bid item represents full compensa-
tion for all labor, equipment & materials to install, & remove discharging pipe and associated fittings. The
agreed unit price also includes crossing and patching Longacres Way and all valves needed to control flow
either to the existing plan discharge location or the new discharge location.
Add New Bid Item 143 Revised Dewatering Design and Environmental Review. This item is to be paid as
Force Account in accordance with 1 -09.6 and is to include all costs associated with the revised design for
the dewatering system and environmental review.
New Item 142: Revised Dewatering Pipe
I LS ........1111. $199,772.86
New Item 143: Revised Dewatering Design and Environmental Review
EST .............................................................................. ...............................
$10,000.00
Total this Change Order .............................................. ............................... $209,772.86
Page 2 of 2
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• Re: CAG -11 -133
ESCROW AGREEMENT
Q0110
CONTRACT BID DOCUMENTS
THIS ESCROW AGREEMENT is made and entered into this oZo2 day of , 2012, by and
among the City of Renton, an municipality of the State of Washington, hereinafter called the
"City ", and Guy F Atkinson Construction, hereinafter called the "CONTRACTOR ", and U. S.
Bank, N.A., hereinafter called the "ESCROW AGENT."
WHEREAS, the CITY and CONTRACTOR entered into that certain Construction Contract dated
January 4, 2012, hereinafter called the "CONTRACT," for the construction of Work Project
Number STPUL- 1276(004) & HHP- 1276(005), under Major Construction Contract Number CAG-
11 -133 pursuant to which the CONTRACTOR shall cause the work therein to be constructed; and
WHEREAS, the CITY and CONTRACTOR are desirous of entering into an ESCROW
AGREEMENT, to provide for specific contingencies governing the escrow and control of Contract
bid documentation, hereinafter called "BID DOCUMENTS;" and
WHEREAS, the CITY and CONTRACTOR desire the ESCROW AGENT to hold the BID
DOCUMENTS of the CONTRACTOR;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, it is
agreed by and between the parties hereto that:
ARTICLE I
CONTRACT ESCROW BID DOCUMENTATION
The parties hereto agree to the establishment of ESCROW of the BID DOCUMENTS for the
CONTRACT pursuant to the CITY'S Standard Specifications for Major Construction, and
Supplemental Specifications or Special Provisions pertaining to construction under the contract. It
is the understanding of the parties hereto that the CITY shall pay the ESCROW AGENT, as
determined by Exhibit B, attached hereto, for the ESCROW of the BID DOCUMENTS submitted
to the ESCROW AGENT under the terms of this Agreement.
ARTICLE II
ACKNOWLEDGEMENT
By its signature below, the ESCROW AGENT hereby acknowledges receipt from the CITY and
CONTRACTOR of a sealed container bearing the CONTRACTOR'S name, address and
CONTRACT Number(s) assigned by the CITY and containing the CONTRACT BID
DOCUMENTS.
ARTICLE III
DEPOSIT OF BID DOCUMENTS
At the time the BID DOCUMENTS are to be placed into ESCROW, the CITY shall have the
opportunity to verify that the items submitted are consistent with the CONTRACT requirements
specified in Document Section 1 -03.3. The BID DOCUMENTS shall remain on deposit with the
ESCROW AGENT until those conditions of release, as specified in ARTICLE IV "RELEASE
103644 00850A -1
Rev. 02/17/09
FROM ESCROW ", are met. As long as the BID DOCUMENTS remain in ESCROW with the
ESCROW AGENT, the ESCROW AGENT shall not allow any person access, to gain possession,
or to in any way interfere with the sealed BID DOCUMENT container. BID DOCUMENTS shall
remain physically located within the Seattle, Washington metropolitan area.
ARTICLE IV
RELEASE FROM ESCROW
Upon the CITY'S presentation of documentation signed by the CITY'S Manager, Contract
Services that the Final Payment for the CONTRACT has been issued to the CONTRACTOR, the
ESCROW AGENT shall release and /or deliver to the CONTRACTOR the BID DOCUMENTS.
Upon the CITY'S presentation of documentation signed by the CITY'S Manager, Contract
Services, that one or both of the following conditions have occurred:
1. The CONTRACTOR has filed a claim against the CITY related to the project; or
2. The CONTRACTOR has initiated litigation against the CITY relating to the CONTRACT;
The ESCROW AGENT shall release and /or deliver to the CITY the BID DOCUMENTS within two
(2) business days. Upon presentation of the documentation required by this Article, the ESCROW
AGENT shall release BID DOCUMENTS as set forth in this Article without regard to whether
CONTRACTOR has consented (or objected) to the release of the BID DOCUMENTATION as set
forth in this Article.
Upon any release from escrow of the BID DOCUMENTS container, the party receiving the BID
DOCUMENTS shall sign Exhibit A, Escrow Release for BID DOCUMENTS, as attached hereto
and incorporated herein as if fully contained, by the party receiving the BID DOCUMENT
container.
ARTICLE V
INDEMNITY
The CONTRACTOR agrees to indemnify and hold the ESCROW AGENT harmless against any .
loss, claim, damage, liability or expenses incurred in connection with any action, suit, proceeding,
claim or alleged liability arising from this ESCROW AGREEMENT, provided, however, that the
ESCROW AGENT shall not be so indemnified or held harmless for its negligence or acts of bad
faith by it or any of its agents or employees.
ARTICLE VI
NOTICES
All notices and other communication shall be in writing and shall be deemed to have been duly
given and delivered if mailed by certified mail, return receipt requested, postage prepaid to the
addresses stated herein:
CITY:
City of Renton
ATTN: Gregg Zimmerman or designee
1055 S Grady Way
Renton, WA 98038
425.430.6311 (direct phone)
GZimmerman(a--)rentonwa.gov
103644 00850A -2
Rev. 02/17/09
3
CONTRACTOR:
Guy F. Atkinson Construction
ATTN: Robert Adams
707 S Grady Way Ste #500
Renton, WA 98057
425 - 255 -7551 (phone)
425 - 255 -7325 (FAX)
ESCROW AGENT:
U.S. BANK, National Association
Attn: Ryan Brennan
1420 5th Ave. 7th Floor
Mailcode PD- WA -T7CT
Seattle, WA. 98101
(206) 344 -4648
(206) 344 -4630 (FAX)
ARTICLE VII
DUTIES OF ESCROW AGENT
The duties and responsibilities of the ESCROW AGENT shall be limited to those expressly set
forth herein and the ESCROW AGENT shall act only in accordance with this ESCROW
AGREEMENT. Notwithstanding specific provisions hereunder, the ESCROW AGENT shall at all
times act upon and in accordance with the joint written instructions of the CITY and
CONTRACTOR.
ARTICLE VIII
LAWS
This ESCROW AGREEMENT shall be deemed to have been executed in King County,
Washington and the laws of the State of Washington shall apply.
ARTICLE IX
ASSIGNMENT
This ESCROW AGREEMENT shall not be assigned without the written consent of all the parties
hereto.
ARTICLE X
SURVIVAL OF CONTRACT
Except as may be expressly modified, all terms and conditions of this ESCROW AGREEMENT
remain in full force and effect. The establishment of this ESCROW AGREEMENT is limited solely
by the contingency of release of the CONTRACT BID DOCUMENTS by the CONTRACTOR to
the CITY, as established by Article IV, Release FROM ESCROW. Nothing contained herein shall
alter the rights of the parties hereto.
The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and
be binding upon the successors and assigns of the parties hereto.
103644
Rev. 02/17/09
00850A -3
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day above first
written.
7 f— �G�►�,,, � sf ��i�i, LAG
as CONTRACTOR
By: /T- Z-).-f nS
Title:
CITY
By:
Title: Mayor Denis Law
Attest:
Bonnie I. Walton, City Clerk
U.S. BANK, N.A. as ESCROW AGENT
By:
Title: ! r- S±
Phone Number:
103644 00850A -4
Rev. 02/17/09
1
Exhibit A
ESCROW RELEASE
FOR BID DOCUMENTS
This is to certify that on this
container identified as:
Bid Documentation
Contractor:
Contract Number:
Project Number:
County:
Date of Submittal:
•
day of , the sealed
(Evidenced by Agreement dated ).
was released from ESCROW and personally handed to the below named individual
acknowledging receipt, representing the CONTRACTOR/CITY, by the ESCROW AGENT upon
the presentation of the required documentation pursuant to Article IV, Release From Escrow, of
that agreement dated , a copy of such documentation is
attached hereto.
Acknowledgment of Receipt:
Acknowledgment of Release:
ESCROW AGENT
103644 00850A -5
Rev. 02/17/09
EXHIBIT B
SCHEDULE OF FEES FOR SERVICES AS
ESCROW AGENT FOR CITY OF SEATTLE
CONTRACT NUMBER MC- 0316568
Customer Name / Series
Administration Fees Billed Annuall
04460 Escrow Agent $500
Annual administration fee for performance of the routine duties of the
escrow agent associated with the management of the account.
Administration fees are payable in advance.
Taxes
30250 All Fees are subject to Washington state sales tax at the current rate 9.5%
of:
Direct Out of Pocket Expenses
Reimbursement of expenses associated with the performance of our At Cost
duties, including but not limited to publications, legal counsel after the
initial close, travel expenses and filing fees.
Extraordinary Services
Extraordinary services are duties or responsibilities of an unusual
nature, including termination, but not provided for in the governing
documents or otherwise set forth in this schedule. A reasonable charge
will be assessed based on the nature of the service and the
responsibility involved. At our option, these charges will be billed at a
flat fee or at our hourly rate then in effect.
Account approval is subject to review and qualification. Fees are subject to change at our
discretion and upon written notice. Fees paid in advance will not be prorated. The fees set forth
above and any subsequent modifications thereof are part of your agreement. Finalization of the
transaction constitutes agreement to the above fee schedule, including agreement to any
subsequent changes upon proper written notice. In the event your transaction is not finalized, any
related out -of- pocket expenses will be billed to you directly. Absent your written instructions to
sweep or otherwise invest, all sums in your account will remain un- invested and no accrued
interest or other compensation will be credited to the account. Payment of fees constitutes
acceptance of the terms and conditions set forth.
IMCITYANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT:
103644 00850A -6
,Rev. 02/17/09
To help the government fight the funding of terrorism and money laundering activities, Federal
law requires all financial institutions to obtain, verify and record information that identifies each
person who opens an account.
For a non - individual person such as a business entity, a charity, a Trust or other legal entity we
will ask for documentation to verify its formation and existence as a legal entity. We may also ask
to see financial statements, licenses, and identification and authorization documents from
individuals claiming authority to represent the entity or other relevant documentation.
Dated: April 25, 2012
103644 0085OA -7
Rev. 02/17/09