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HomeMy WebLinkAboutPW17-198 - Amendment - #1 - Associated Underwater Services, Inc. - South 228th Street UPRR Grade Separation - 07/13/2017 KEN T U t-, r � M U WAS-NG70N Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prier to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor game: Associated Underwater Services, Inc, Vendor dumber: ]D Edwards Number Contract Dumber: ` 0 This is assigned by City Clerk's Office Project Dame: S, 228th St. UPRR Grade Separation Description: ❑ Interlocal Agreement ❑ Change Order [Z Amendment ❑ Contrast Other: Contract Effective Pate: 7113/17 Termination Date: 12/29/17 Contract Renewal Notice (Days): Dumber of days required notice for termination or renewal or amendment Contract Manager: Susanne Smith Department: Engineering Contract Amount: $3.300.00 Approval Authority: (CIRCLE ONE) Department Director [Mayor City Council [Detail: (i.e. address, location, parcel number, tam i , etc.): Perform an internal diver survey of the 72" diameter storm water pipe___.-._.____ As of: 08/27/ 4 O KENT W A 8 H I N O T O N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Associated Underwater Services, Inc. CONTRACT NAME & PROJECT NUMBER: S. 2281h St. UPRR Grade Separation ORIGINAL AGREEMENT DATE: April 25, 2017 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work 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, the Consultant or Vendor shall: Perform an internal diver survey of the 72" diameter storm water pipe. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $3,200.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $3,200.00 including all previous amendments Current Amendment Sum $3,300.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $6,500.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/29/17 (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add'l Days Required for this 0 calendar days Amendment Revised Time for Completion 12/29/17 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, ons,ite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment 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 Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF DENT: By: By: (si nature) Print Name: Print Name: Timothy J. Laporte, P.E. Its Ackoln'%'-t"it/10, Its Public Works Director (title title) DATE: '�Jl,�- )2,0171 DATE:-1/-Z APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department AUS-228"UP Grade Sep Amd 1/Smith AMENDMENT - 2 OF 2 EXHIBIT A June 22, 2017 City of Kent Public Works Department 400 West Grove St. AUS Kent WA 98023 Attn: Susanne Provencio Smith ASSOCIATED UNDERWATER SERVICES Re: S 228 St 72 inch storm system Inspection Associated Underwater Services (AU'S) is pleased to submit this lump sum quote to Main Office: perform an internal diver survey on the 72 inch diameter storm water corrugated pipe. A five man dive crew will be utilized for the work. This work is considered a 3901 Ferry Ave penetration dive by OSHA and requires an inside tender for the diver inside the pipe. Spokane,WA 99202 AUS anticipates one eight hour shift on site for the work. The purpose of the survey Ph: (509)533.6500 is to identify protrusions or anomalies inside the pipe. Fax: (509) 533.6505 Mobilization lump sum: $500.00 Branch Office: Internal pipe inspection with a 5 man commercial dive team: Lump sum $6000.00 Includes final video and report submittal 6706 NE 175"St., Unit D Total Price for the inspection effort. Lump Sum = $6500.00 Kenmore,WA 98028 Ph: (425)487.0329 AUS to supply:Five man commercial' dive team Fax: (425)487,0364 Crew truck Surface supplied commercial dive equipment 2 each 600 foot umbilical Underwater video recording system Compressed breathing air cylinders Dive plan and AHA submittals Honda Generator General Contractor to supply: All permits and controls Access to the site Manhole removal for diver deployment Manhole replacement after project completion Client representative to monitor the inspection and identify problem areas. All work will be performed in compliance with the AUS Safe practices Manual, The Association of Diving Contractors Consensus Standards for Commercial Diving and all OSHA regulations. Please feel free to contact me should you have any questions Regards, ASSOUND-01 TNEMMERT ACORO' DATE IMMIDDNYYY) �f CERTIFICATE OF LIABILITY INSURANCE 7/612017 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 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: 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: Houston-Alliant Insurance Services,Inc. PHONE FAX 5444 Westheimer Rd 9th fl Arc Ne Ext:(832)485-4000 arc No:(832)485-4001 Houston,TX 77056 EMAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A:Starr Indemnity&Liability Company 38318 INSURED INSURER B.Travelers Indemnity Company 25658 Associated Underwater Services,Inc. INSURER C:Navigators Insurance Company 42307 3901 E.Ferry INSURER D: Spokane,WA 99202 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 3 REVISION NUMBER: 2 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 TYPE OF INSURANCESUBR POLICY EFF POLICY EXP LIMITS LTR INSD 4WD POUCY NUMBER MWDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADEPq OCCUR MASILSF00022876 12131/2016 12131/2017 DAMAGF TO RENTED- PREMISES Ea occurrence S 100,00 X Commercial Marine MED EXP(Any one person) S 5,00 X Liability PERSONAL&ADV INJURY S 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY� PEST 7LOC PRODUCTS-COMPIOP AGG $ 2,000,000 OTHER: WA Stop Gap S 1,000,00 AUTOMOBILE LIABILITYCOEa accidMBIN ent ED SINGLE LIMIT $ 1,000,00 B X ANY AUTO BA91­1486258 12/3112016 12/31/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE S HIREDAUTOS AUTOS peracadent S UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 4,000,00 C X EXCESS UAB CLAIMS-MADE SE16LIA00329001 12/3112016 12/3112017 AGGREGATE S 4,000,00 DED I I RETENTION$ $ WORKERS COMPENSATIONER Y/N AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ NIA E.L EACH ACCIDENT S OFFtCERM1EMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If Yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached U more space Is required) Additional Insured status as respects Marine General Liability and Auto Liability,applies per the attached fonn(s). Primary and Non Contributory wording as respects Marine General Liability,applies per the attached fonn(s). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department 400 West Grove St. Kent,WA 98023 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:ASSOUND-01 TNEMMERT LOC#: 1 . 64. R ADDITIONAL REMARKS SCHEDULE � Page 1 of 1 AGENCY NAMED INSURED Houston-Alliant Insurance Services,Inc. Associated Underwater Services,Inc. 3901 E.Ferry POLICY NUMBER Spokane,WA 99202 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Certificate of Liability Insurance Continued Subject always to policy terms,conditions and exclusions,Excess Bumbershoot Liability Policies(SE16LIA00329001 & BOOM-A-16-0576)are excess of scheduled underlying policies,including Commercial Marine Liability,Protection&Indemnity, Automobile Liability,Pollution Liability and Employers'Liability. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II—COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered"autos" you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- rent or borrow;and tional insured is an insured' for Covered Autos Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section ll. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any"auto" that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION 11—COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ®2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO Any "employee"of yours is an "insured"while us- (2) An adjustment for depreciation and physical ing a covered "auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality,we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II—COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered"auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. (b) Any "auto" that is hired, rented or bor- 2. The following replaces Paragraph A.2.a.(4) of rowed from your"employee". SECTION II—COVERED AUTOS LIABILITY COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES—INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph CA. of SEC- We will pay up to $50 per day to a maximum of TION I—COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto"of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL 1. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph A.4., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured'; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 ©2015 The Travelers Indemnity Company.All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto"you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" set forth in Paragraphs A.i.b. and A.i.c., but (c) Security deposits not returned by the les- sor; only: a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; and lease; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer The followingis added to Paragraph A.4., Cover- Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Passenger Type Vehicles Others To Us In the event of a total "loss"to a covered"auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the "accident" or"loss"arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 0215 02015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. ENDORSEMENT NO.: 7 EFFECTIVE: 12:01 A.M.,DECEMBER 31,2016. ATTACHED TO AND FORMING PART OF POLICY NO.: MASILSF00022816. OF THE: STARR INDEMNITY&LIABILITY COMPANY. ISSUED TO: ASSOCIATED UNDERWATER RESOURCES,INC.DBA:AUS DIVING ADDITIONAL ASSURED AND WAIVER OF SUBROGATION ENDORSEMENT It is agreed that the Company waives its right of subrogation against any person or organizations to whom the Named Assured is obligated by written contract to provide such waiver,but only to the extent of such obligation and only with respect to operations by or on behalf of the Named Assured or to the facilities of or used by the Named Assured. It is further agreed that to the extent that the Named Assured is obligated by written contract to name any person or organization as additional assureds hereunder,the Company agrees that such persons or organizations shall be considered as Additional Assureds but only with respect to operations performed by or on behalf of the Named Assured or to the facilities of or used by the Named Assured. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. Associated Underwater Resources,Inc. Page 39 Commercial Marine Liability Policy No: MASILSF00022816 Effective Date:December 31,2016 ENDORSEMENT NO.: 7 EFFECTIVE: 12:01 A.M.,DECEMBER 31,2016. ATTACHED TO AND FORMING PART OF POLICY NO.: MASIISF00022816. OF THE: STARR INDEMNITY&LIABILITY COMPANY. ISSUED TO: ASSOCIATED UNDERWATER RESOURCES,INC.DBA:AUS D1VUgG ADDITIONAL ASSURED AND 1VAIVER OF SUBROGATION ENDORSEMENT It is agreed that the Company waives its right of subrogation against any person or organizations to whom the Named Assured is obligated by written contract to provide such waiver, but only to the extent of such obligation and only with respect to operations by or on behalf of the Named Assured or to the facilities of or used by the:Tamed Assured. It is further agreed that to the extent that the Named Assured is obligated by written contract to name any person or organization as additional assureds hereunder,the Company agrees that such persons or organizations shall be considered as Additional Assureds but only with respect to operations performed by or on behalf of the Named Assured or to the facilities of or used by the Named Assured. ALL OTHER TERMS,CONDrr1ON5,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANCED_ Associated Underwater Resources,Inc. Page 39 Commercial Marine Liability Policy No: MASILSF00022816 Effective Date:December 31,2016