HomeMy WebLinkAboutOvivo Change Order No. 3 Ovivo USA LLC Port Hadlock Wastewater Project - 100724 CHANGE ORDER NO.:3
Owner: Jefferson County Owner's Project No.: 405-21140
Engineer: Tetra Tech Engineer's Project No.: N/A
Contractor: Ovivo USA, LLC Contractor's Project No.:
Project: Port Hadlock Wastewater
Contract Name: Port Hadlock Wastewater
Effective Date of Change Order: Upon Execution
Date Issued: 9/26/2024 by all parties
The Contract is modified as follows upon execution of this Change Order:
Description:
New master control panel to incorporate the Ovivo system and the non-Ovivo system controls.
Programming and integrating controls for non-Ovivo equipment which were not included in the
original design.
Attachments:
See attached proposal dated 8/22/2024
Change in Contract Price Change in Contract Times
Original Contract Price: Original Contract Times:
Substantial Completion: Per Article 2.02(Original
Contract)
$ 1,395,158.00(plus WSST) Ready for final payment: Per Article 2.02(Original
Contract)
Increase from previously approved Change Orders No. Increase from previously approved Change Orders
1 to No. 2: No.1 to No. 1:
Substantial Completion: N/A
$ 444,098.00(plus WSST) Ready for final payment: N/A
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion: N/A
$ 1,839,256.00(plus WSST) Ready for final payment: Per Payment Schedule in
Change Order 2
Proposal,pp.5-6.
Increase this Change Order: [Increase] [Decrease]this Change Order:
Substantial Completion: N/A
$ 28,879.77(plus WSST) Ready for final payment:
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial Completion: Per Article 2.02(Original
Contract)
$ 1,868,135.77(plus WSST) Ready for final payment: Per Payment Schedule in
Change Order 3
Proposal, p. 2.
o e ded by Engineer (i equired) Accepted by Contractor
* 0 5- Eric Schaefer
Ovivo Project Manager
:Pr' elt—
EJ SCDCa CC-1
941,Change Order EJCDC°C-941,Change Order,Rev.'.
Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies
and American Society of Civil Engineers.All rights reserved.
Page 1of2
Authorized by
)6_-_--air- _____ 16(i7
Kate Dean Date
Chair,Jefferson County Board of Commissioners
EJCDC®C-941,Change Order EJCDC®C-941,Change Order,Rev.1.
Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies
and American Society of Civil Engineers.All rights reserved.
Page 2 of 2
Ovivo SiC Systems(13 ovlv0
2300 Greenhill Dr.#100
CJ/� Round Rock,TX 78664 Worldwide Experts in Water Treatment
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0 ECN 11 for CPI-U Contract Price Adjustment to Port Hadlock
I..L Date Prepared By Services Performed For:
L. 3/22/24 Ovivo Port Hadlock
2300 Greenhill Dr.44100 623 Sheridan St
TZ Round Rock,TX 78664 Port Townsend, WA 98368
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W This External Change Notice(ECN) is issued pursuant to the current contract between Port Hadlock("Client")
a) and Ovivo ("Vendor"), effective August 22nd,2024.This ECN is subject to the terms and conditions contained in
Cthe contract between the parties and is made a part thereof. Any term not otherwise defined herein shall
have the meaning specified in the contract. In the event of any conflict or inconsistency between the terms of
(13
this ECN and the terms of the contract,the terms of this ECN shall govern and prevail.
Proposal Overview .
As per the official project"Bid Form for Procurement Contract,"section 6.03.A.5 allows provision for Ovivo to
seek a price escalation to the contract price if the period between the Procurement Agreement and the Notice
to commence Fabrication is in excess of 825 days. The 825 day price escalation date was established to be
September 10`h, 2023. Ovivo officially received the Notice to Commence Fabrication on June 14`r', 2024.
Therefore in this change order Ovivo is seeking a contract price increase of 2.07%.
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Project Change Notice(ECN 11) for Port Hadlock
1
Ovivo used the U.S Bureau of Labor Statistics inflation calculator,that can be found a'
https://www.bls.Bov/data/inflation calculator.htm
A screenshot of the inputs and results is attached for refere-r
Supporting Documentation & Attachments
• Port Hadlock-Bid Form for Procurement Contract
• Screenshot of CPI-U calculator from U.S Bureau of Labor Statistic
Purchase Price
Item Description S,It ,.ce icS Dollar i
1 CPI-U Adjustment 9/23 to 6/24 $28,879.77
Notes:
1. Contract price of$1,395,158.00 used;reference Bid Item ft2 of Bid Form
2. CPI-U adjustment of+2.07%used;reference inflation calculator from 9/23 to 6/24
Payment Schedule
Pricing and Commercial Terms
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Project Change Notice(ECN 11) for Port Hadlock
2
• Prices are valid for 30 days from proposal issuance date. If a formal purchase order is not received
and accepted within this validity period Ovivo reserves the right to review and adjust pricing and lead
times as necessary.
• Prices are quotes in US Dollars unless otherwise noted.
• No allowances have been included for bonds of any kind.
Warranty
• Warranty terms will remain consistent with Ovivo's project warranty statement.
General Notes
• Pricing is based on the use of Ovivo standard design,equipment engineering submittals(IFI),
materials of construction, QA/QC procedures and documentation.
Proprietary and Confidential Information
The attached document contains proprietary and confidential information and is submitted under a
confidential relationship. By accepting this document,the recipient agrees:
• It will not disclose to third parties or use any drawings,specifications, designs, processes or
information supplied by Ovivo in any manner detrimental to the interests of Ovivo;
• Any special features particular to this design and information gained as a result of this document shall
be treated as confidential and shall be the property of Ovivo and will not be incorporated in whole or
in part in other projects unless recipient obtains written permission from Ovivo to do so;
• Not to copy in whole or in part nor reveal its contents in any manner or for any purpose except for
the purpose stated herein;
• The foregoing applies without limitation to all documents prepared by Ovivo in connection with this
submission and the recipient acknowledges that this document involves confidential rights of Ovivo
and all design, manufacturing, reproduction, use and sale rights regarding same are expressly
reserved.
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Project Change Notice(ECN 11) for Port Hadlock
3
Approval and Acceptance
In order to move forward with this change request Ovivo requires that the below be signed off and returned
to the Ovivo Project Manager. Upon acceptance, a revised PO will need to be issued to include additional
scope.
Port Hadlock Ovivo Project Manager
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By:
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8/22/2024
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V Project Change Notice(ECN 11) for Port Hadlock
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Attachments:
Attachment #1 - Bid Form for Procurement Contract (7 pages)
Attachment #2 - Screenshot of CPI-U calculator (1 page)
https://www.bls.gov/data/inflation calculator.htm
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Project Change Notice(ECN 11) for Port Hadlock
5
BID FORM FOR PROCUREMENT CONTRACT
The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to
Bidders, the General Conditions, and the Supplementary Conditions.
ARTICLE 1—BUYER AND BIDDER
1.01 This Bid is submitted to:
Mailing Address:
Office of the Jefferson County Commissioners
P.O. Box 1220
Port Townsend, Washington, 98368
Physical Address:
Office of the Jefferson County Commissioners
Jefferson County Courthouse (Basement Level)
1820 Jefferson Street
Port Townsend, Washington, 98368
1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Procurement
Contract with Buyer in the form included in the Procurement Bidding Documents, and to furnish
the Goods and Special Services as specified or indicated in the Procurement Bidding Documents,
for the prices and within the times indicated in this Bid, and in accordance with the other terms
and conditions of the Procurement Bidding Documents.
ARTICLE 2—BASIS OF BID
2.01 Lump Sum Bids
A. Bidder will furnish the Goods and Special Services in accordance with the Procurement
Contract Documents for the following Procurement Contract Price(s).See Division 46 Section
464240"Membrane Bioreactor Equipment", Paragraph 1.10 for description of the Bid Items:
EJCDC®P-000,Bid Form for Procurement Contract.
Copyright'2019 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 1 of 7
BID ITEM 1: CONTRACT PRICE FOR DESIGN SERVICES
Price for Design Services,as outlined in Attachment 1 —Scope of Work for Design Services.
Seventy-four Thousand, Two Hundred $ 74,200.00
(use words) (figures)
BID ITEM 2: CONTRACT PRICE FOR MBR SYSTEM EQUIPMENT AND SERVICES DURING
CONSTRUCTION.
Lump sum amount for the equipment and services provided during construction.
One Million, Three Hundred Ninety-five Thousand,
One Hundred Fifty-eight $ 1,395,158.00
(use words) (figures)
BID ITEM 3: CONTRACT PRICE FOR TAXES
Enter the Contract Price for Taxes(Sales Tax=9.0%). Bid Item 1 + Bid Item 2
One Hundred Thirty Thousand,
Two Hundred Forty-two & 22/100s $ 132,242.22
(use words) (figures)
BID ITEM 4: TOTAL CONTRACT PRICE(Used for initial determination of the apparent low bidder
and the number to be announced at bid opening)
Add Item 1,Item 2, and Item 3
One Million, Six Hundred One Thousand, Six Hundred & 22/100s $ 1,601,600.22
(use words) (figures)
BID ITEM 5: MEMBRANE SUBUNIT PRICING
Subject to provisions in Division 46 Section 464240"Membrane Bioreactor Equipment",Paragraph 1.13
D,the bidder shall indicate the membrane subunit price. This is the base price used to determine
membrane subunit pricing per Specification Section 464240,Paragraph 1.13 F.
Thirty-nine $ 39.00
(use words) (figures)
EJCDC®P-400,Bid Form for Procurement Contract.
Copyright°2019 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 2 of 7
BID ITEM 6: MEMBRANE SERVICE AGREEMENT
Subject to provisions in Division 01 Section 017510 "Membrane Service Agreement",the bidder shall
indicate the annual price for the first 5-year period of the Membrane Service Agreement.
Eighteen Thousand, Seven Hundred Forty Three $ 18,743.00
use words fi•ures
ARTICLE 3—TIME OF COMPLETION
3.01 Bidder agrees that the furnishing of Goods and Special Services will conform to the schedule of
Procurement Contract Times set forth in Article 2 of the Procurement Agreement.
3.02 Bidder accepts the provisions of the Procurement Agreement as to liquidated damages.
ARTICLE 4—ATTACHMENTS TO THIS BID
4.01 The following documents are attached to and made a condition of this Bid:
A. Introductory letter
B. Required Bid security in the form prescribed in the Instructions to Bidders.
C. Evidence of authority to do business in the state of the Project; or a written covenant to
obtain such authority within the time for acceptance of Bids.
D. Form 00400(A) "Worksheet A" — Bidder shall supply complete information required in
Worksheet A which includes but is not limited to:
1. Bidder Qualifications supporting data
2. Equipment Data
E. Lobbying Certification—Form 00400(1)
F. Debarment Certification—Form 00400(2)
G. Non-Collusion Declaration—Form 00400(3)
H. Wage Law Certification—Form 00400(4)
E1CDC•P300,Bid Form for Procurement Contract.
Copyright°2019 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 3 of 7
ARTICLE 5—BIDDER'S ACKNOWLEDGMENTS
5.01 Bidder accepts all terms and conditions of the Instructions to Bidders.This Bid will remain subject
to acceptance for 60 days after the Bid opening, or for such longer period that Bidder may agree
to in writing upon request of Buyer.
5.02 Bidder has examined and carefully studied the Procurement Bidding Documents,the related data
identified in the Procurement Bidding Documents,and the following Addenda, receipt of which is
hereby acknowledged:
Addendum No. Addendum Date
#1 01/28/21
#2 02/04/21
#3 02/11/21
ARTICLE 6—BIDDER'S REPRESENTATIONS AND CERTIFICATIONS
6.01 Bidder's Representations
A. In submitting this Bid, Bidder represents that:
1. Bidder has examined and carefully studied the Procurement Contract Documents.
2. If required by the Instructions to Bidders to visit the Point of Destination and the site
where the Goods are to be installed or Special Services will be provided,or if, in Bidder's
judgment,any observable local or site conditions may affect the delivery,cost,progress,
or furnishing of the Goods and Special Services, then Bidder has visited the Point of
Destination and site where the Goods are to be installed or Special Services will be
provided (as applicable) and become familiar with and is satisfied as to the observable
local and site conditions that may affect delivery, cost, progress, and furnishing of the
Goods and Special Services.
3. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect the
cost,progress,and performance of Seller's obligations under the Procurement Contract.
4. Bidder has carefully studied, considered, and correlated the information known to
Bidder with respect to the effect of such information on the cost, progress, and
performance of Seller's obligations under the Procurement Contract.
5. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Procurement Contract Documents, and
the written resolution (if any) thereof by Engineer is acceptable to Bidder.
6. The Procurement Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance of Seller's obligations under
the Procurement Contract.
7. The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of the Bidding Requirements,that without
exception the Bid (including all Bid prices) is premised upon furnishing the Goods and
Special Services as required by the Procurement Contract Documents.
EJCDC•P-400,Bid Form for Procurement Contract.
Copyright''2019 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 4 of 7
6.02 Bidder's Certifications
A. Bidder certifies that:
1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any collusive agreement or
rules of any group, association,organization, or corporation;
2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a
false or sham Bid;
3. Bidder has not solicited or induced any individual or entity to refrain from bidding; and
4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for the Procurement Contract. For the purposes of this Paragraph 6.02.A.4:
a. "corrupt practice" means the offering,giving, receiving, or soliciting of anything of
value likely to influence the action of a public official in the bidding process;
b. "fraudulent practice" means an intentional misrepresentation of facts made (a)to
influence the bidding process to the detriment of Buyer, (b)to establish bid prices
at artificial non-competitive levels, or (c)to deprive Buyer of the benefits of free
and open competition;
c. "collusive practice" means a scheme or arrangement between two or more
Bidders,with or without the knowledge of Buyer,a purpose of which is to establish
bid prices at artificial, non-competitive levels; and
d. "coercive practice" means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process.
EJCDC•P-00,Bid Form for Procurement Contract.
Copyright°2019 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 5 of 7
6.03 Bidder Acknowledgements
A. Bidder acknowledges the project schedule presented in the Procurement Agreement and
that:
1. The Buyer retains the right to issue a Notice to Commence Design Work for the Design and
Support Services. The Bidder acknowledges that unless and until the Notice to Commence
Design Work is issued, the Buyer is not obligated to any monetary commitment associated
with the performance of the Work.
2. If the Notice to Commence Design Work is delayed and is issued after 180 days of the Effective
Date of the Procurement Agreement, the contract price for Seller Design Services will be
adjusted through change order by the ratio of the Consumer Price Index for All Urban
Consumers(CPI-U) of the CPI-U of month that the Notice to Commence Fabrication is issued
to month of 180 calendar days after the effective date of the Procurement Agreement.
3. The Buyer retains the right to issue a Notice to Commence Fabrication for the MBR System.
The Bidder acknowledges that unless and until the Notice to Commence Fabrication is issued,
the Buyer is not obligated to any monetary commitment associated with the performance of
the Work beyond that which is associated with the Scope of Work for Design Services given
in Attachment 1. Issuance of Notice to Commence Fabrication is contingent upon the Buyer
obtaining sufficient financing to proceed with the project.
4. Notice to Commence Fabrication may be issued at any time for a period of 825 calendar days
after the effective date of the Procurement Agreement.
5. The contract price for membrane units and ancillary equipment shall remain valid for 825
calendar days after the effective date of the Procurement Agreement. If the Notice to
Commence Fabrication is issued after 825 calendar days of the effective date of the
Procurement Agreement, the contract price will be adjusted through change order by the
ratio of the Consumer Price Index for All Urban Consumers(CPI-U)of the CPI-U of month that
the Notice to Commence Fabrication is issued to the month of 825 calendar days after the
effective date of the Procurement Agreement.
6. The Bidder acknowledges that membrane units shall be made available for purchase by the
Buyer at the pricing offered in the Bid Form and that the pricing for future membrane units,
as part of a warranty claim or replacement purchase,shall be in accordance with the methods
described in Specifications Division 46 Section "Membrane Bioreactor Equipment."
Membrane unit pricing shall remain effective for a period of 20 years after bid opening date.
EJCDC'P-00,Bid Form for Procurement Contract.
Copyright°2019 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 6 of 7
This Bid is offered by:
Bidder:
OVIVO USA, LLC
(typed or printed am J ganization)
By:
(indi ' nature)
Date: oZ 16 d al
( ate signed)
Name: Hiren Trivedi
(typed or printed)
Title: General Manager Ovivo USA LLC
(typed or printed)
(If Bidder is a corporation,a partnership,or a joint ventur ttach evidence of authority to sign.)
Attest:
(indivi , .signature)
Title: 6e.rev;cis% V P
(typed or printed)
Address for giving notices:
2300 Greenhill Dr.,#100, Round Rock TX 78664
Designated Representative:
Name: Martin Swanson
(typed or printed)
Title: National Sales Manager, Ovivo MBR
(typed or printed)
Address:
2300 Greenhill Dr.,#100, Round Rock TX 78664
Phone: 512.652.5805
Email: martin.swanson@ovivowater.com
License No.: N/A
Classification: N/A
Limitation: N/A
EJCDC•P-400,Bid Form for Procurement Contract.
Copyright.2019 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.AU rights reserved.
Page 7 of 7
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Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, P.E., Public Works Director/County Engineer
Agenda Date: Ocotber 7, 2024
Subject: Change Order No. 3, Ovivo USA, LLC
Port Hadlock Wastewater Project
Statement of Issue: Execution of Change Order No. 3 to the contract with Ovivo USA,
LLC for supply of the Membrane Bioreactor (MBR) wastewater treatment plant
equipment for Port Hadlock.
Analysis/Strategic Goals/Pro's Ft Con's: Change Order No. 3 adds $28,879.77 to the
Ovivo contract. The orginal contract has contract price escalation language which
states "If the Notice to Commence Fabrication is issued after 825 calendar days of the
effective date of the Procurement Agreement, the contract price will be adjusted
through change order by the ratio of the Consumer Price Index for All Urban
Consumers (CPI-U) of the CPI-U of month that the Notice to Commence Fabrication is
issued to the month of 825 calendar days after the effective date of the Procurement
Agreement." The 825 day date was established to be September 10, 2023. The
county issued the Notice to Commence Fabrication to Ovivo on June 14, 2024.
Therefore, based on the consumer price index (CPI) from September 2023 to June
2024 the contract price increase is 2.07%.
Fiscal Impact/Cost Benefit Analysis: Change Order No. 3 is for $28,879.77. 100-
percent of the funding for this work comes from State Dept. of Commerce revenue
that has been dedicated to this project.
Recommendation: Public Works recommends that the Board sign Change Order No. 3
where indicated and return signed change order to Public Works for further
processing.
Department Contact: Samantha Harper, P.E., (360) 385-9175.
Reviewed By:
Mark McCaulefa County Administrat Date S