Loading...
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 M � CN M O N — ' . U o �- r rn 1 0 o Q U ° o0 o v 00 o o C �n C) 0 N 00 M CD 00 CO. LO r r E9 69 Q N .r. c C ca E d N J m 7 lB L '7 ^ U) 00 N w` LLL C ,^ G V/ E 2 �W. Y/ U (a r ° H t = � E � � °' � nmm iU)U-0 O�Z o Q CL waW 3 x w 13 N W U) M J IL O L O �° m o p W v Z V U- .0 = ti N 7 N C av v N VN O� LO O M co co N m I- co L O c-- It d _^ N O LL 00 M It lV) N rl- W (n (' 69 69 64 69 69 69 N M "P t0 Q E v Z Z Z Z ~ ~ U N d (D -p -p -p N -E O v U OOO O a) m a) a) m Z Z c m r c Q c U) O O °' r ° U 0 U O U U U U Q Q • 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