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HomeMy WebLinkAboutPW11-237 - Change Order - #1 - Maple Crest Electric, Inc. - 72nd Avenue Dataloggers Repair - 12/20/2011 NT Records M-a-nva`�g`e- me­ W.5HINGTONDocument { CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Maple Crest Electric, Inc. Vendor Number: JD Edwards Number Contract Number: (j // - �2 37 This is assigned by City Clerk's Office Project Name: 72nd Ave. Datalogger Electrical Repair Description: ❑ Interlocal Agreement ® Chang_e Order ❑ Amendment ❑ Contract ❑ Other: j Contract Effective Date: 12/20/11 Termination Date: 6/30/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide additional_services-to restore power due to vandalism.__ _ r S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 W )) --000,0"�. KENT W n s....... CHANGE ORDER NO. 1 NAME OF CONTRACTOR: Maple Crest Electric, Inc. ("Contractor") CONTRACT NAME & PROJECT NUMBER: 72no Ave. Datalogger Electrical Repair ORIGINAL CONTRACT DATE: September 7, 2011 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: Provide additional services to restore power due to vandalism. For a description, see the Contractor's November 17, 2011 quote which is attached as Exhibit A and incorporated by this reference. i 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, $3,018.92 1 (Including applicable alternates and WSST) Net Change by Previous Change Orders $0 (incl. applicable WSST) Current Contract Amount $3,018.92 (mcl. Previous Change Orders) i Current Change Order $2,859.00 , Applicable WSST Tax on this Change $271.60 Order Revised Contract Sum $6,149.52 d CHANGE ORDER - 1 OF 3 Original Time for Completion 3/31/12 (insert date) Revised Time for Completion under 0 prior Change Orders (Insert date) Days Required (t) for this Change 91 calendar days Order Revised Time for Completion 6/30/12 (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: CI' F KENT: By: By.• v (sig ure) (signature) Print Name: C,L, Cp to-V Print Name: Timothy J. LaPorte, P.E. Its f7Hesl de,6L: " Its Public Works Director (b e) DATE: !2 - 9 (title),e/ DATE: /2 Ze)(11 / CHANGE ORDER - 2 OF 3 APPROVED AS TO FORM: (applocable if Mayor's signature required) Kent Law Department Maple Crest Elec-720 COI/Knox 9 CHANGE ORDER - 3 OF 3 EXHIBIT A Al t wlltll, i i ,7 ,. In,l�t t. ,il 'el Ali I November 17,2011 City Of Kent 400 West Gowe Kent, WA 98032 Attn: Matt Knox Re: South 72nd Ave pump station Request for change order. Gentlemen: I I Here is a list of the following changes: i 1. Change service feeders to 100 ampere. 2. Add 100 ampere disconnect to replace existing 3. Add 30 ampere disconnect foi light fixtuie. 4 Add 250 watt metal halide fixture with photo cell. 5. Install cover over sci vice. Change Order 6. Extend the feedcl s up the pole. Ougmal contract- $ 2757.00 $2,859,00 Additional Cost- $ 2859.00 27160 Sales Tax Total: $ 5616.00 plus Washington State Sales Tax. $3,130.60 Total If you have any questions o1 require further information,please do not hesitate to call. (253)872-4712. Very truly yours, Maple Crest Electric, Inc. A lv ��in L. A I tch Piesident ALA/pma I, 21628 84"Ave So PO Box 1165—Kent,WA 98035 253 872 4712 Fax 253 872 6564 Fmml Inaple_crest@�msn co ( Client#: 86978 MAPLCRES ACORD. CERTIFICATE OF LIABILITY INSURANCE D TE(MMDD ") THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BE'OW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED I ESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPURTANT- If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT NAME Cindy Otto Propel Insurance PHONE g00 499-0933 866.577.1326 FAX AIC No Ext (A/C,No Tacoma Commercial Insurance AEAHL pDRESS leo@propelinsurance com 1201 Pacific Ave,Suite 1000 PRODUCER CUSTOMER ID# Tacoma,WA 98402 INSURER(S)AFFORDING COVERAGE NAIc# INSURED INSURERA Federated Mutual Ins Company Maple Crest Electric Inc INSURER B P.O.Box 1165 INSURER C Kent,WA 98035 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR NDDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE NSR AFVD POLICY NUMBER MMlDD MMIDD LIMITS A GENERALLIABILITY X 9242265 04/04/2011 04104/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occur re $100,000 CLAIMS-MADE �OCCUR MED EXP(Any one person) $ X PD Ded:1,000 PERSONAL BADVINJURY $1,000,000 P GENERAL AGGREGATE $2,000,000 'cN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY PR0. LOC $ A AUTOMOBILE LIABILITY X 9242265 4/04/2011 04104/2012 COMBINED SINGLE LIMIT $ (Ea accident) , 0—QO 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS X Drive Other Car $ A X UMBRELLALIAB X OCCUR X 9242266 1410412011 0410412012 EACH OCCURRENCE $10001000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1 000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WGSTATUTo Y - OTH- AND EMPLOYERS'LIABILITY YIN A ANY PROPRIETORIPARTNER/EXECUTIVE 9242265 4104/2011 04104/2012 EL EACHACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDEDI N NIA (Mandatory in NH) WA STOP GAP E L DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000 T-1- I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101.Additional Remarks Schedule,if more space Is required) RE: Pump Station Electrical The City of Kent is additional Insured per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Matt Knox THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE ®1988-2009 ACORD CORPORATION All rights reserved. ACORD 25(2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S7221461M675939 KTR00 _, r Why We Are Using the Latest ACORD 25 Certificate of Insurance I In September 2009, ACORD revised the ACORD 25 Certificate of Insurance form One of the major changes was the removal of the cancellation notice provision. For the following reasons, we are unable to issue an older edition of this form, modify the current form, or complete a proprietary form ; you provide 31 • Notice of cancellation is a policy right, not an unregulated service. No insurer shown on this certificate is able to provide the cancellation notice you desire by endorsement. For example, the insured can cancel immediately, so it would be impossible for the insurer to give you the notice you request. State law also grants the insurer the right to cancel for reasons such as nonpayment with i less notice than you require. • For the reason just cited, if our agency was to issue a certificate that provides the cancellation notice you request, we would do so with the full knowledge that it would be impossible to actually give that amount of notice under certain circumstances. As such, the certificate could be alleged to constitute a misrepresentation or fraud which could subject our agency and staff to serious civil and criminal penalties. • if a certificate purports to provide a policy right different from that provided by the policy itself, then the certificate effectively purports to be a policy form. Policy forms must be filed and approved by )ur state department of insurance. Use of nonfiled policy forms is illegal and could result in legal sanctions distinct from the assertion that the certificate is fraudulent. • Under the ACORD Corporation's licensing agreement, the prior editions of superseded forms can be used for one year from the time the new forms are introduced. Beginning in September 2010, this is another reason we cannot use an older edition of the ACORD 25 Doing so would violate ACORD's licensing agreement and, as a copyrighted document, federal copyright law. • Likewise, we are unable to modify the new certificate to add a notice of cancellation. ACORD forms are designed to be completed, not altered. ACORD's Forms Instruction Guide says that a certificate should not be used "To waive rights ..To quote wording from a contract—To quote any wording which amends a policy unless the policy itself has been amended." In addition, our insurance company contracts only allow us to issue unaltered ACORD forms. • We are often asked to issue proprietary certificates provided by the certificate requestor. Again, our insurance company contracts only allow us to issue unaltered ACORD forms. Many proprietary certificates include broad, vague or ambiguous language that may or may not be incompliance with state laws, regulations, and insurance department directives. Therefore, we cannot issue any proprietary certificates. We appreciate your understanding of the legal restrictions on our ability to fully comply with your request K Maple Crest Electnc Inc FEDERATED INSURANCE COMPANIES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL. INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Section 11 - Who Is An Insured is amended to include as an additional insured any person or organization, other than a joint venture,for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional i insured on your policy Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by: a 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. 1 A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional Insured are completed. This additional insurance does not apply to: J i 1. An employee, association of employees or labor union, except with respect to work performed by or for you for such employee, association of employees or labor union under direct contract between you as a contractor and such employee, association of employees or labor union as owners; 2. Any railroad company except with respect to work performed by or for you for such railroad company under direct contract or agreement between you and such railroad company; or 3. Any person or organization whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the preparation or approval of or the failure in preparation or approval of maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs, drawings, specifications or the performance of any other professional services by such person or organization: 4. Any of your Subcontractors,or any partner,officer, agent or employee of such Subcontractor. B. The Coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions,and exclusions of the Coverage part to which this endorsement is attached. In addition Coverage shall not exceed the terms and conditions that are required by the terms of the written t agreement to add any insured, or to procure insurance. C. In the event that the Limits of Insurance shown in the Declarations exceeds the limits of liability required in a written contract or written agreement for an additional insured. the insurance provided to the additional Insured shall be limited to the limits of liability required by that written contract or written agreement. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1. To "bodily injury", "property damage" or "personal and advertising injury" which occurs prior to the date of your contract with such person or organization; 2. To"bodily injury"or"property damage"included with In the "products lcompleted operations hazard." 3. To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement t Includes copyrighted material of Insurance Services Office, Inc.with Its permission. CG-F-48 (07-09) Policy Number. 9242265 Transaction Effective Date: a = o a 3 Mca proper 8/10/2011 City of Kent Attn: Matt Knox 400 West Gowe Kent, WA 98032 To whom it may concern: I I Pursuant to the new 09/09 version of the Acord Certificate of Liability form, it is no longer necessary to list entities as Additional Insured in the Description of Operations box. Generally, the Description of Operations is reserved for project names, vehicles, specific equipment or locations. If the additional insured box is checked, you may refer to the additional insured endorsement attached to your certificate which specifies the coverage provided. As the agent, we prefer not to utilize the Description of Operations box as a means for interpreting policy language. As an alternative, we will attach the applicable endorsements from the policy. Please remember the certificate of insurance confers no rights upon the certificate F holder. Coverage is always dictated by the policy terms and its respective endorsements as established by the contract that is in place between the Named j Insured and the Certificate Holder. t Sincerely, p Propel Insurance sl 'i