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HomeMy WebLinkAboutPW18-295 - Supplement - #2 - KBA, Inc. - East Valley Highway Pavement Preservation - 07/19/2018 Agreement Routing Form KENT For Approvals, Signatures and Records Management W n 5 H I N G r G N 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 Eric Connor Department: Public Works Date Sent: 11/14/19 Date Required. 11/18/19 To 0 Authorized Director or Designee Date of a, to Sign: Council N/A QMayor Approval: Budget R90106 Grant? Yes No Account Number: Type: N/A Vendor KBA, Inc. Category: Contract Name: 0 Vendor Sub-Cate or 0 Number. 1089599 g y Supplement EProject East Valley Highway Pavement Preservation Name: O Project C Details: Additional Construction Management services. c 41 Agreement 19 230 Basis for 0 Amount: Selection of i Contractor.- d Start Date: 11/13/19 Termination Date: 12/31/19 Notice required prior to Yes No Contract Number: disclosure? Date Received by City Attorney: Comments: c 0 N d L i.� Date Routed to the Mayor's Office: N d Date Routed to the City Clerk's Office: 'a d cc Date Sent to Originator.- Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 Washington State Department of Transportation Supplemental Agreement organization and Address Number 2 KBA,Inc. Original Agreement Number 11201 SE 8th St„Suite 160 LA 9212 Bellevue,WA 98004 Phone: (425)455-9720 Project Number Execution Date Completion Date STPUI:l 073(005) 7/19/18 12/31/19 Project Title New Maximum Amount Payable East Valley Highway Pavement Preservation $226,119 Description of Work Additional costs were incurred for Construction Management services on the project which resulted in an increase to the budget by $19,230. For a description,see Exhibit A which is attached and incorporated by this reference. The Local Agency of City of-Kent desires to supplement the agreement entered in to with KBA.Inc. and executed on 7/1,9/18, -- and identified as Agreement No. LA 9212 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: No change to the scope of work. II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: No change. III ^— Section V, PAYMENT, shall be amended as follows: Amended to add an additional$19,230 per the attached Exhibit A for a new maximum amount of$226,119. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. c,0� By: Vl�r'k �� u l �t�`��� By:Timoth J. LaPorte.P.E. Public Works Director Consu tant Signature 4t-$- pproving Authority Signature DOT Form 140-063 Date Revised 09/2006 Exhibit "A" Summary of Payments Basic Supplement#1 Total Agreement Direct Salary Cost Overhead (Including Payroll Additives) Direct Non-Salary Costs Fixed Fee Total DOT Form 140-063 Revised 09/2005 EXHIBIT A 25YEARS July 30, 2019 City of Kent Construction Management/ Public Works Department Attn: Mr. Eric Connor 400 W. Gowe Kent,WA 98032 Re: City of Kent East Valley Highway Preservation—S 1801h St To S 1961h St FA No.STPUL-1073(005) COK Project No. 17-3003.2 REQUEST FOR SUPPLEMENT Dear Eric, This letter is in response to your email dated June 26, 2019 in which you requested additional information to support our request to supplement our agreement to cover additional costs incurred by KBA to provide construction management services for this project. Your requests, and our responses, are below: • Provide a letter(not email)formally requesting this supplement. This should Include a description of why the first supplement was not sufficient and provide some confidence that this second supplement will be sufficient to close out the contract without making it excessive. o The first supplement anticipated the contract would be completed in mid-June, including punchlist, PMR and closeout, and the Supplement 1 budget was estimated accordingly. After the Supplement 1 budget was agreed to, multiple unanticipated project issues increased project management efforts. The most impactful to KBA's efforts were the multiple installations of the water valves boxes,which resulted in 2 weeks of increased inspection time, The team has also had difficulty getting some contract required documentation from the contractor and issues and other documentation related items that are necessary to meet federal funding requirements, The project is now substantially complete, and a Performance Management Review has been conducted by WSDOT NWR Local Programs. With completion of these milestones,we can more accurately forecast our cost to complete. Based on current information, we estimate a need to increase the budget by$19,230 to cover our remaining costs. • Your May invoice does not include billing from Terracon. In fact,your Monthly Invoice Report indicates that you have not received a bill from Terracon since March. I will not agree to process this requested supplement until we know where we stand with your subconsultant. A guestimate of their remaining amount is not satisfactory at this point. o Terracon's final invoice was included in KBA's June invoice. KBA confirmed with Terracon that it has no other invoicing for this project and once its invoice,submitted with KBA's June invoice is paid, KBA will be closing Terracon's contract. • Provide a list of anticipated tasks necessary to close out the construction contract that are anticipated to be performed by KBA staff. In an effort to not exhaust the balance of KBA's KBA,INC.(MAIN OFFICE) 11201 SE 8th Street,Suite 160 Bellevue,Washington 98004 T 425 455 9720 F 425 455 9732 KBACM.com 25YEARS contract a third time,I may choose to self-perform some of these tasks or get assistance from City staff. o Below is a table of the tasks with estimated hours. The total hours for each field staff is included in the attached Estimate under August. Please let us know if the City would like to self-perform any of the tasks and we can adjust the Estimate accordingly. CRB AN NK SS Admin ROM Completion 8 4 4 Close Out Letter writing 8 0 0 Change Order Writinq 12 4 0 June PE and Final Pay Estimate 8 12 12 Punchlist Review/Insp 4 16 0 IDRs 1 2 0 Final File Prep/Hand Over 8 8 8 2 Cont. Close 4 0 0 3 6 Total Hours 1 53 46 24 5 6 We appreciate the opportunity to present this information and look forward to your review of this information with the hope that the end result will be a supplement in the amount of$19,230, If you have any questions please contact me at 425-214-5076. Sincerely, KBA, 1 . Sam Schuyler !! Senior Project Manager Attachment(1) SRS/jp KBA,INC.(MAIN OFFICE) 11201 SE 8th Street,Suite 160 Bellevue,Washington%004 T 425 455 9720 F 425 455 9732 KBACM.com CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) RANCE 5/8/2019 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 ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 3EPRESENTATIVE 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. 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 N A Dealey, Renton &Associates NAME: P. O. Box 12675 PHONE 510-465-3090 FAX No:510-452-2193 LBellevue 4604-2675 EMAIL I ADDRE s: certificates deale renton.com INSURER(S)AFFORDI"VERAGENA INSURER A:Travelers Indemnity Co KBAINC INSURER B:XL S cial Insurance Street, Ste 160 INSURERC: Phoenix Insurance Com 8004 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:2077479282 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 L U R POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INsn POLICY NUMBER M M D/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6806NO33449 5/10/2019 5/10/2020 CLAIMS-MADE a OCCUR E AMA ACH�CURRENCE S 1,000,000 PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) E 10,000 PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY[�] PRO ❑ GENERAL AGGREGATE $2,000,000 JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: S AUTOMOBILE LIABILITY Y Y BA6N034864 5/10/2019 5/10/2020 COMBINED INGLE LIMIT '.X ANY AUTO Es accdentI $1,000,000 OWNED BODILY INJURY(Per person) $ AUTOS ONLY AUTOS ULED HIRED X NON-OWNED BODILY INJURY(Per accident) E X AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident S UMBRELLA LIAR OCCUR $ EXCESS LIAB CLAIMS-MADE EACH OCCURRENCE _ DED RETENTION AGGREGATE $ E A WORKERS COMPENSATION Y 6806N033449 511012021 PER OTH- S AND EMPLOYERS'LIABILITY 5/10/2019 ANYPROPRIETOR/PARTNERiEXECUTIVE Y/N STATUTE ER OFFICER/MEMBEREXCLUDED? ❑ N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) If es,describe under E.L.DISEASE-EA EMPLOYEE f 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 B Professional LiabNty DPR9941979 5/10/2019 5/10/2020 E1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,AddMonal Remarks Schedule,maybe attached N Mors space is required) RE:Project 018014-01,Agreement#LA-9212, Fed Aid*STPUL-1073(005), East Valley Highway Pavement Preservation-South 180th Street to South 196th Street. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to City of Kent,and the State of Washington,and their officers, employees,and agents,only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. The General Liability policy contains a special endorsement with Primary and Noncontributory wording,when required by written contract.The Automobile Liability policy contains a special endorsement with Primary wording,when required by written contract. The General Liability and Automobile Liability policies include a Waiver of Subrogation endorsement in favor of the Certificate Holder as referenced above. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CIry of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe St. Kent WA 98032 AUTHORIZEDSENTATNE ORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6806N033449 ISSUED DATE: 5/8/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury"or"property damage" occurs or the "personal injury" or"advertising injury"offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. (information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- This insurance does not apply to "bodily injury" or clude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organizations) shown in tho CnhnrrJi do hit nnly nr "nrivorticinn inh inr" nricing ni iit of an nffgnca with respect to liability for"bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been com- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: for engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6806NO33449 ISSUED DATE: 5/8/2019 x THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR I CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Flame Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury" or"property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- location designated and described in the schedule of clude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for "bodily injury" or "property dam- tions hazard". age" caused, in whole or in part, by "your work" at the 1 CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 NAMED INSURED: KBA, Inc. COMMERCIAL GENERAL LIABILITY COVERAGE POLICY NUMBER: 6806NO33449 ADDITIONAL COVERAGES BY WRITTEN CONTRACT OR AGREEMENT This is a summary of the coverages provided under the following forms (complete forms available). Excerpt from COMMERCIAL GENERAL LIABILITY COVERAGE (FORM #CG T1 00 02 19) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 4. OTHER INSURANCE - d. PRIMARY AND NON-CONTRIBUTORY INSURANCE IF REQUIRED BY WRITTEN CONTRACT: If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or"property damage"for which coverage is sought occurs; and (2) The "personal and advertising injury''for which coverage is sought is caused by an offense that is committed, subsequent to the signing of that contract or agreement by you. Excerpt from XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS (FORM #CG D3 79 02 19) PROVISION M. - BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or"property damage"that occurs, or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. Page 1 l i i Policy: 8A6N034864 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for Covered An Insured, of SECTION 11 — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ®2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc.with its permission. Page 1 Of 1 AOW TRA y ELERS ,l WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00) — 001 POLICY NUMBER: 6806NO33449 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the riaht to recover our payments from anyone liable for an iniury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3.00 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIE TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. DATE OF ISSUE: 5/8/2019 ST ASSIGN: cA 017106