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HomeMy WebLinkAboutCAG2019-383 - Change Order - #1 - McKinstry Co., LLC - Pump Station 4 Electric Motors Installation - 10/23/2019 Agreement Routing Form KEN T For Approvals,Signatures and Records Management WASHIN CTOn This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Jim Reed Department: Public Works Date Sent: 10/24/19 Date Required: 10/28/19 a Authorized Director or Designee Date of p, to Sign: Council N/A Ca Mayor Approval: Budget 41005550641107410 Grant? Yes No Account Number: Type: N/A Vendor or Name: McKinstry Co., LLC Cate 9 Y Contract C Vendor 36g72 Sub-Category Change Order O Number: III Project Pump Station 4 Electric Motor Installation E Name: O Project Z Details: Install one motor. c E $3 Agreement Basis for aAmount: i ,500 Selection of y Contractor: v� a Start Date: 10/23/19 Termination Date: 11/30/19 Notice required prior to Yes No Contract umber: GjG�(sap�cj..3G�3 disclosure? Date Received by City A ttorn ey: Comments: os c O N QI L 3 f>S Date Routed to the Mayor's Office: in aDate Routed to the City Clerk's Office: .y a Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 • KENT WAS H I N G T O N CHANGE ORDER NO. 1 NAME OF CONTRACTOR: McKinstry Co., LLC ("Contractor") CONTRACT NAME & PROJECT NUMBER: Pump Station 4 Electric Motor Installation ORIGINAL CONTRACT DATE: August 7, 2019 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: Install one customer supplied motor. For a description, see the Contractor's proposal 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 hereby modified as follows: Original Contract Sum, $19,526.98 (including applicable alternates and WSST) Net Change by Previous Change Orders $0 (incl. applicable WSST) Current Contract Amount $19,526.98 (incl. Previous Change Orders) Current Change Order $3,500 Applicable WSST Tax on this Change $350 Order Revised Contract Sum $23,376.98 CHANGE ORDER - 1 OF 3 Original Time for Completion 10/31/19 �� (insert date) Revised Time for Completion under n/a i prior Change Orders (insert date) Days Required (t) for this Change ; 30 calendar days Order Revised Time for Completion 11/30/19 (insert date) '— 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. CONTRACTO CITY OF KENT: y: tune) (signature) Print me: vim' Print Name: Timothy J. LaPorte, P.E. Its-- � elr— ., ' Its Public Works Director DATE: DATE: U 2 O/ c/ CHANGE ORDER - 2 OF 3 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department McKinstry-PS 4 Motors C01/Reed CHANGE ORDER - 3 OF 3 EXHIBIT A try Service Proposal Z!!T Building Quote ID: 1003866 Site Name: City of Kent Facilities Quote Date: 10/1/2019 Site Number: 203885 Contract Customer: City of Kent Facilities Customer P0: Quote Contact: Jim Reed Site Address: 220 4TH AVE S Contact Phone No: Attn: Accounting Contact Email: Kent,WA, 98032 This proposal Is to install one customer supplied 50 hp motor and laser align the new motor. Price excludes sales tax, overtime and any other unforeseen issues 11/3/2019 Total Pricel $ 3,500.00 Price excludes: Sales tax and any other work not specified in the quote. Approved By: Date: Proposal Prepared By: Noel Desimone Email: NoelD@mckinstry.com Phone: +1 206 768 7755 PO BOX 24567 * SEATTLE * WA * 98124 * 206,762.5900 * FAX 206.762.2624 Page 1 of 2 Work Order Quote Terms and Conditions Company McKinstry Co,LLC Work Order Quote# 1003866 Comments/Clarifications All work is done subject to McKinstry's standard Service Warranty. McKinstry will not be responsible for: All services not specfically listed in the Scope of Work The quality or suitability of Customer furnished materials and/or equipment,the system performance; and/or system design. Emergency calls resulting from system design issues. Liability for underground utilities,obstructions and/or unforeseen obstacles or conditions. Any damages that are not reasonably foreseeable from any incident, including special, indirect, or consequential damages. Water supply and drain issues beyond the requirements listed in the Scope of Work. Electrical service beyond the equipment disconnect switch, or electrical service requirements due to power failure. Any work not paid in full. Any downtime for IT infrastructure or IT network to which McKinstry had no responsibility for Damage caused by freezing. Repair of damage or increase in service time resulting from accident,transportation, relocation, neglect, misuse,or anything else other than caused ordinary use. Repair to equipment located in an unsuitable place of installation or an unsafe or hazardous environment. Non-moving or non-maintainable parts, heat exchanges(all styles), coils,ductwork,equipment housing,casings, enclosures and/or boiler vessels. Any claims, damages, losses or expenses, arising from or related to conditions that existed in, or upon the premises before the effective date of this Agreement. These preexisting conditions include, without limitation, damages, losses, or expenses involving building envelop issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold and/or fungi. Data management and impacts including accessibility, integrity, and system uptime or downtime. PO BOX 24567 * SEATTLE * WA * 98124 * 206.762.5900 * FAX 206.762.2624 Page 2 of 2 MCKICO.-01 MJOHN ON CERTIFICATE OF LIABILITY INSURANCE F . 02/08l2019 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 have ADDITIONAL INSURED provisions or be endorsed. tIf SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on his certificate does not confer ri hts to the certificate holder in lieu of such endorsement(s). PRODUCER INONTACT Hub International Northwest LLC PHONE -- 12100 NE 195th Street,Suite 200 (AIC,No,Ext):(425)489 4500 (AJC,No):(425)485-8489 Bothell,WA 98011 EMAIL An R_.s now.info@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC# --- --------- - INsuRERA:The Travelers Indemni Company25658 INSURED INSURER B:Tavele_rs Property Casualty Company of America 25674 MCKlnstry Co.LLC INSURER C: PO Box 24567 Seattle,WA 9 81 24-056 7 INSURER D: -_ i INSURER E--- - _..-- -- I -- --- ------- INSURER F: L.._--------- -- 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!I TYPE OF INSURANCE ADDLISUBRI PO IL YC EFF POLICY EXP ----------POUCYNUMBER X COMMERCIAL GENERAL LIABILITY A ;ILIMITS CLAIMS-MADE (OCCUR I EACH OCCURRENCE S 2,000,000 X ' VTC2KCO-56436901-IND-19 01(31(2019 1 01/31/2020 PRAMAGE TO RENTED S 300,00- X WA Stop Gap ` I !MED EXP(My one arson $ 10,000 PERSONAL 8 ADV INJURY S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER I I I 4,000,000 I j POLICY F JECT LOC I I GENERAL AGGREGATE $ �J I i I PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: S AUTOMOBILE LIABILITY 00M8INED SINGLE LIMIT 1,000,000 1 -,�ANY AUTO I a accident) $ OWNED I X (Ea 101/31/2019I 01/31/2020 BODILY INJURY Per person) $ SCHEDULED AUTOS ONLY AUTOS I — BODILY INJURY Per accident S AURS ONLY A��O' V I j PROPERTY DAMAGE --- Per accident $ i $Li UMBRELLA LIAR OCCUREXCESS LIAR EACH OCCURRENCE CLAIMS-MADE _ DED ; RETENTIONS AGGREGATE $ II I -----._--_-- A WORKERS COMPENSATION I I I § I AND EMPLOYERS'LIABILITY PER X OTTH- !ANY PROPR!ETOR/PARTNER/EXECUTIVE Y`-I—N I 1VTC2KCO-5643B901-IND-19 1 01/31/2019!01/31/2020 TAT T� I OFFICER/M�MBER EXCLUDED? i N I A I E.L.EACH ACCIDENT $ 1,000,000((MMandatory m J I f yes,describe under E.L.DISEASE-EA EMPLOYE S 1,000,000 DESCRIPTION OF OPERATIONS below I I i I � _ E.L.DISEASE-POLICY LIMIT S 1,000,000 City of Kent RIPTION s included as Additional Insured,OPERATIONS LOCATIONS I VEHICLEScove age iACORD sAprimary andion rks non contributory be aper the attacd if more hed forms/endorsements. 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 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) 9The ACORD name and logo are registered marks of A 2015 CORD CORPORATION. All rights reserved. CORD Policy No.: VTC2JCAP5643B913TIL19 COMMERCIAL AUTO Issue Date: 01-31-19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. PROVISIONS B. The following is added to Paragraph 5., Other A. The following is added to Paragraph c. in A. 1., Insurance, in B. General Conditions of SEC- Who Is An Insured, of SECTION II — LIABILITY TION IV— BUSINESS AUTO CONDITIONS: COVERAGE: Regardless of the provisions of paragraph a. and Any person or organization who is required under paragraph d. of this part 5. Other Insurance, this a written contract or agreement between you and insurance is primary to and non-contributory with that person or organization, that is signed and applicable other insurance under which an addi- executed by you before the "bodily injury" or tional insured person or organization is the first "property damage" occurs and that is in effect named insured when the written contract or during the policy period, to be named as an addi- agreement between you and that person or or- tional insured is an "insured" for Liability Cover- ganization, that is signed and executed by you age, but only for damages to which this insurance before the "bodily injury" or "property damage" applies and only to the extent that person or or- occurs and that is in effect during the policy pe- ganization qualifies as an "insured" under the riod, requires this insurance to be primary and Who Is An Insured provision contained in non-contributory. Section 11. CA T4 74 02 12 ©2012 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy No.: VTC2KCO5643B901IND19 COMMERCIAL GENERAL LIABILITY ' Issue Date: 01-31-19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section 11) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) if, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person. or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 2. The insurance provided to the additional insured 3. The insurance provided to the additional insuredby this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) in the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III — Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply to "bodily injury", "prop- the additional insured by this endorsement still is erty damage" or "personal injury" arising out excess over any valid and collectible 'other in- of the rendering of, or failure to render, any surance", whether primary, excess, contingent or professional architectural, engineering or sur- on any other basis, that is available to the addi- veying sernres, including tional insured when that person or organization is an additional insured under such "other it=sur-- i. The proparing. approving, or failing to dr:Jr" prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the Trigs, opinions, reports, surveys, field or ders or change orders, or the preparing, additional insured by this endorsement: approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an 'occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a engineering activities. claim. To the extent possible, such notice, should include: CG D2 46 08 05 C)2005 The St. Paul Travelers Companies, inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However. this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by III. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the "occurrence" or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or "suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. L Immediately record the specifics of the —DEFINITIONS; claim or"suit"and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or"suit" as person or organization as an additional in- sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of the claim or defense against the "suit", and contract or agreement by you; otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. 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