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HomeMy WebLinkAboutPW12-061 - Change Order - #1 - Day Wireless Systems - Water Tank #5 Antennas - 03/29/2012 e c o r d s M raemer � KENT Document W A3HINGT ON .F CONTRACT COVER SHEET z 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: Ratelco Communications Services, Inc. d/b/a Day Wireless Systems Vendor Number: ID Edwards Number i Contract Number: loZ-oho This is assigned by City Clerk's Office Project Name: Water Tank #5 Antennas Description: ❑ Interlocal Agreement ® Change Order ❑ Amendment ❑ Contract ❑ Other: 1 Contract Effective Date: Date of the Mayor's Signature Termination Date: 4/15/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ron Green Department: PW Operations Detail: (i.e. address, location, parcel number, tax id, etc.): The rna e contractor_needs_to hire_a subcontractor to locate at the tank site before installing the extel ground rods. S•Pubiic\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 i KENT WASHIMGTOM CHANGE ORDER NO. 1 NAME OF CONTRACTOR: Ratelco Communications Services Inc. d/b/a Day Wireless Systems ("Contractor") CONTRACT NAME & PROJECT NUMBER: Water Tank #5 Antennas ORIGINAL CONTRACT DATE: February 21, 2012 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: The Contractor needs to hire a subcontractor to locate at the tank site before installing the external ground rods. 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, $22,606.82 (including applicable alternates and WSST) Net Change by Previous Change Orders $0 (incl. applicable WSST) Current Contract Amount $22,606.82 (incl. Previous Change Orders) Current Change Order $428.50 Applicable WSST Tax on this Change $40.71 Order Revised Contract Sum $23,076.03 CHANGE ORDER - 1 OF 3 Original Time for Completion 3/31/12 (insert date) Revised Time for Completion under n/a prior Change Orders (insert date) Days Required (f) for this Change 15 calendar days Order Revised Time for Completion 4/15/12 (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: CITY OF KENT: By: 'G By: (sig ature) (signature) Print Name: /'C� [{f✓l rint Na zett Cooke Its u)i, 11�,` _� tnn S+-� c f,&. .,141 �fry Its May or title) (title) DATE: �� z t�( iy DATE: CHANGE ORDER - 2 OF 3 APPROVED AS TO FORM: (applicable if 1MAayorS signature regwr �wY� Kent Law Department Day Wirekss Syst-W W Tank JS AWWM m CWGMe CHANGE ORDER - 3 OF 3 ® DATE(MMIPkI(M 0JERTIFICATE 4F LIABILITY INSURANCE 1.I,z6/-2012 THIS CERT1016ATE IS ISSUED AS A'MdTTER OF INFORMATION 614LV AND CONFERS NO RIGHTS IDPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DQES,NOT AFFIRMATIVELY kOR_NEGATVELY,AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS PjktFICATE 0-f lNSUKAk!6B DOES NQT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER446 TRECERTIFICATE HOLDER., IMPORTANT: If the c9itlflgatdf older Is ari ADDITIONAL INSURED, the pollcy(iesj must be endorsed. If SUBROGATION IS WAIVED,§ub)ect to the terms"and con'd'itio'Rs of the policy,ce�tainpolicies may require an endorsement.;A statement bn this ceitifdite does not confer rights td,tbe certiflcate holder in lieu of such endorsement(s) PRODUCER IN COMNTACT,Meledy Kirkendall or $6anna Brown Durham and Bates ,Agencies Ina AIC No Ert �508)241-01Jr4 At AC No•7503)542-6625 720 SW Washington A�DARESS'melodyk@dbAtes.bbrn or joannab@dbates.com PKQUUCLH Suite 250 cuSTOMERIDWOD003730 Portland OR 9,7205=§554 MSURER(S)AFFORDINd COVERAGE NAIL INSURED (NSURERA.OneBeaco$3 America -Ins. Co_ Ratelc0 Commuhication Services, 'Inc. INSURERB NdVigatOXS Insurande Company DBA: bay Xi,g.ele5s systems INSURERc HEiktford Ind.Coe6f -the plidwest 91478 4700 BE International Way I INSURERp:$artford Acc & Indemnit"' 22357 INSURER E; Milwaukie OR 97222 NSURERF` COVERAGES CERTIFICATE NUMBER(I�atelco Oo)nmunication REVISIOWNUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD tND CATED, NOTWITHSTANDING ANY REQU[REM t TERM"bR CONDITION OF,ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS QEE TIFICATE 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 MAYHAVE BEEN REDUCED BYPAID CLAIMS INSR DDL SUER POLICY EFF POLICYEXP• LTR TYPE OFINSURANCE INSR WVD POLICY NUMBER IAMIDDlYYYY MMIDDfYYYY LIMITS eENERAL LIABILnY EACH OCCURRENCE $ 1,Goo,000 X� COMMERCL4L-GENERAL LIABILITY -PREMISES Ea'dcdiren0e $ 1,000,"OO,i A CLAIMS-MADE X�OCCITR 7110099180005 0/1/2011 O/1/2612 "ylgWp(Any ona person] 3 10,000 X $10d0,000 UMBRELLA 15a§01NAL&&\IIRJU0 $ 1�000,'000 X 37ASHINGTON STOP GAP GENERAL AGGREGATE $ 21000,09Q GEN'L AGGREGATE LIM ITO LIESPER PRODUCTS-COMP/OP f,GG $ 2,OOQ,000 POLICY X LOC VYAEMPLOYERSLIABILITY $ . 50D,000 AUTCldOOLE LIABILITY COMBINED SINGLE LIMIT $ 1,000,q00 X YAUTO (Ea accident) AN A AYAUTODAUTOS ii6o99180ad5 0/1/201Y 0/IY2612 SOPtLY INJURY(Per pgr;orFj $ BODILY INJURY(Pet adcldent) $ SCHEOULEOAUTOS PRORERTY DAMAGE $ X HIREDAUTOS fRJectident) NON-CIMJEDAUTOS $ UMBRELLA LIA9 X QCCUR 11E%Ci6ll�53Y' 0 1 2011 G/l/2012 Ei CITO""MLIRRENCE t 8,060,OD0 X EXCESSLIAB CLAIMS-.(,,j,4d"E AGGREGATE $ 8,000,000 DEDUCTIBLE $ ,B RETENTION $ Is C WQRKEPS CQMPENSATION 52WELd5641 0/112011 O/1/2012 g o)a SLIMITS OTR ANd�EMPLOYERS'LIABILITY 4*FFROPRIErORJPARTNER/EXEOJTIVE Y/N - C Hartford of Midwest EL EACH ACCIDENT $ 1 1000 ID00 OFFICEWiAEMBER EXCLUDED? NIA ',03-D Hartford Acc Ind E,L DISEASE-EAENPLOYE $ 000 000 D (Mandatory In NH) beuider DESCRIPTION OF OPERATIONSbelow r EL NSEASE-POLICY LIMIT $ 1" 000 000 A GARAGEKEEPERS 110095180005 0/1/2011 0/11/2012 COMP$COLLLIMITS $250,000 DEDUCTIBLE $ 500 DESCRIPTION OF OPERATio NA4 LbdATi0fJ TWHICLE"'S(Atfach ACQRD 101,Additional Aemarks Sche4ule,If more space Is requireal REPLACES CERTIFICATE DATED 1/2§j,}2. See attached form VCG245 02 05 Additional Insured-DesignatQd Person qr Organization. CERTIFICATE HOLDER CANCELLATION $119ULD ANY OF THE ABOVE DESCRIBED PoLlbtES BE CANCELLED BEFORE THE EXPLRATIQ,N b¢,TE THEREOF, NOTICE "WILL BE DELVERED IN �liT Off' Rent ACCORDANCE WITH THE POLICY PROVISIONS 5821 South 240th -4t, AUTHORIZED REPRESENTATIVE Kent, LSA 98032 Joanna Brown/MJK ACQRD 25(2009104)' ©1988-2009 ?CORD CORPORATION. All righfs reserved. INSd25(200909) The ACORD name and logo are registered marks of ACQRD P�LTGY;NTJn IBER: 711 O Q9918-0060 5 TMENMPZM MN E9TMPO O3 ITEASEREAD)P0M��r Y ` ADDITIONAL INSURED�DESIGNATED pERSON OR OR( A1YIZATION dlm endorsement modifies insmw=provided under the following: CONI1 MCIAL GENERAL LIABILITY COVERAGE FORM SROTIOlj A-WHO IS AN INSURED?-2,fs atnenddd taindlude as an additional inw6dl 4. The certificat&hblder,hut Qn1y Ius re pdefs its liability firisftig odt of}r9ur ac}ivitig§. b. The person or organization shown in'the Schedule as an additional insured but only with respect io liability arising out of your operations of prer iises owned by dr roofed to you. SCIIEI>ULEa` City of Kent 5,$21 south 24611,st, Kent,WA 98032 Insured; Ratetco Cormnunication Services,:6 Dba:Day Wireless Sysfenls,Inc "IfimAatkocedt8bar0*ftmfeykhtshownon6s�,milliie oy�iiihfliebzclvadibr V6G24502 os -Includes copyrighted material oflnsivance Setviczs office,Inc. 15agd I d l Oopyright 2004 POLICY NUMBER 711009918-0005 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. .@VANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule fists the coverage extensions provided by this endorsement. Refer to the Individual provisions to determine the extent of your coverage, SCHEDULE"OF COVERAGE EXTENSIONS 1. Additional Insured—Broad Form Vendors 8. Coverage Territory—Worldwide 2. Additional Insured—by Contract,Agreement or 9. Duties in Event of Occurrence,Claim or Suit Permit relating to; 10. Expected or Intended Injury(PD) o Work performed by you 11. Incidental Medical Malpractice o Premises you own, rent, lease or occupy 12. Medical Payments o Equipment you lease 13. Mobile Equipment Redefined 3. Aggregate Limit Per Location 14. Newly Acquired or Formed Organizations 4. Blanket Waiver of Subrogation 15. Non-Owned Aircraft 5, Bodily Injury Redefined —Mental Anguish 16, Non-Owned Watercraft 6. Broadened Named Insured 17. Personal and Advertising Injury 7. Broadened Property Damage 18. Product Recall Expense o Borrowed Equipment 19. Supplementary Payments Increased Limits o Customers'Goods o Use of Elevators 1. ADDITIONAL INSURED—BROAD FORM VENDORS Section II—Who,Is An Insured is amended to Include as an additional insured any person(s)or organization(s) (referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance, but only with respect to"bodily injury"or"property damage"arising out of"your products"which are distributed or sold In the regular course of the vendor's business,subject to the following additional exclusions- a. This provision 1.does not apply to (1) "Bodily injury" or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement, (2) Any express warranty not authorized by you, (3) Any physical or chemical change in the product made Intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection,demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, (5) Any failure to make such Inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products, (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or (8) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.However,this exclusion does not apply to* (a) The exceptions contained in Subparagraphs 4.or 6.;or VCG 207 07 08 Indudes copyrighted material of Insurance Services Office,Inc. Page 1 of 7 Copyright 2009,11111111111111111111111111PII111111 1111111111111 I f!I I I I I I111111111111 (b) Such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products, (9) Any vendor, person or organization If the*products-completed operations hazard"is excluded either by the provisions of the Coverage Form or by endorsement. b. This Insurance does not apply to any insured person or organization, from whom you have acquired such products,or any ingredient;part or container,entering into,accompanying or containing such products, 2. ADDITIONAL INSURED—CONTRACT,AGREEMENT OR PERMIT a. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organi- zations)with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for"bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. 1. In the performance of"your work"for the additional insured(s)at the location designated in the contract, agreement or permit;or 2. In the maintenance, operation or use of equipment leased to you by such person(s)or organization(s), or 3. In connection with premises you own, rent,lease or occupy. This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the contract,agreement or permit. b. The insurance provided to the additional insured herein is limited. This insurance does not apply: 1. Unless (a) the written contract, agreement or permit is currently in effector becomes effective during the term of this policy;and (b) the contract or agreement was executed or permit issued prior to the "bodily injury', "property damage", or"personal and advertising injury", 2. To any person or organization included as an insured under the Additional Insured - Broad Form Vendors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. To any person or organization if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications;or (b) Supervisory,inspection,architectural or engineering activities. fi To any: (a) Lessor of equipment after the equipment lease terminates or expires, or (b) Owners or other interests from whom land has been leased;or (c) Managers or lessors of premises if: (1) The"occurrence"takes place after you cease to be a tenant in that premises;or (2) The "bodily injury", "property damage", "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. 6. To"bodily injury,or"property damage"occurring after: (a) All work on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed;or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Page 2 of 7 Includes copyrighted material of Insurance Services Office,Inc, VCG 207 07 09 Copyright2009, 1111111111111illlii11111lIIHllllUiii1Niillll111 c. Limits of Insurance applicable to the additional insured are those specified In the contract, agreement or permit or in the Declarations of this policy,whichever Is less, and fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or"suits"brought;or 3. Persons or organizations making claims orbringing"suits". These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section III — Limits of Insurance,the General Aggregate Limit applies separately to each of your "locations"owned by or rented or leased to you. b. Under Section V—Definitions,the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection Is interrupted only by a street,roadway,waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV — Transfer of Rights of Recovery Against Others to Us Condition Is amended to add the following We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products-completed operations hazard" This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury"or"properly damage",that requires you to waive your rights of recovery. 5. BODILY INJURY REDEFINED—MENTALANGUISH Under Section V,the definition of"bodily injury"Is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, Including mental anguish or death resulting from any of these at any time, 6. BROADENED NAMED INSURED Section 11—Who Is An Insured is amended to include as do insured the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the I80th day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization The insurance afforded herein does not apply to any entity which is also an Insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE — BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for"property damage"liability is subject to the following: a. The Damage To Property exclusion under Section I Coverage A Is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a Job site and provided it is not being used by y anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; (b) Personal property in the care, custody or control of the Insured; and (c) That particular part of any property that must be restored, repaired or replaced because "your work"was Incorrectly performed on it do not apply to "property damage"to "customers'goods"while on your premises nor do they apply to "property damage"arising from the use of elevators at premises you own,rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods"is$35,000 per"occurrence". " VCG 207 07 09 Includes copyrighted material of Insurance Services Office,Inc. Page 3 of 7 Copyright2009,111111111I11111I1hrrl11111111111111111111111full 1 i i REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT W ASHINGTON This form must be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator- Ron Green Phone (Originator) 5680 Date Sent.3/,9//a Date Required. 3/30/12 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 4/15112 VENDOR NAME: Day Wireless Systems DATE OF COUNCIL APPROVAL: 2/21/12 Brief Explanation of Document Please note that the original contract is due to expire March 31, 2012 The attached Change Order No 1 is necessary so that Day Wireless Systems can hire a subcontractor to"locate"at the tank site before installing the external ground rods, as well as extending the contract an additional 15 days All Contracts Must Be Routed Through the Law Department (This Area to�,beeCompleted By the Law Department) Received I tL ED {-, (,V'11— Approval of Law Dept.: MAR 2 9 2012 ( !� J /1�( M1 Law Dept. Comments: l�� KENTLAW DEPT Date Forwarded to Mayor J Shaded Areas to Be Completed by Admi n Staff V Received: OR 3 z Recommendations & Comments: Disposition „e..�oD/Z- _ /2Q Date Returned: Iage5870_templatebase • 2/07