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HomeMy WebLinkAboutCAG2019-438 - Amendment - #1 - Robinson Noble, Inc - Armstrong Well #2 Rehab - Hydrogeologic Services - 02/25/2020 Agreement Routing Form • For Approvals,Signatures and Records Management KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Kathi Kilborn for Bryan Bond Public Works Operations Date Sent: Date Required: > 2/25/2020 2/27/2020 O i. aAuthorized to Sign: Date of Council Approval: Q 0 Director or Designee ❑Mayor Budget Account Number: Grant? ❑Yes ❑No W20089 Budget? ❑Yes ❑No Type: Vendor Name: Category J.4 Robinson Noble, Inc. Vendor Number: Sub-Catego>r = 147520 O Project Name: Armstrong Well #2 Rehabilitation E L � Project Details:Extension of Time for Contract due to delivery of materials taking longer }, than expected c a� Agreement Amount: Basis for Selection of Contractor: Start Date: 2/25/2020 Termination Date: 07/31/2020 Q Local Business? ❑Yes 0 No* *Ifineets requirements per KCC3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspoce. Notice required prior to disclosure. Contract Number: ❑Yes 0 No Date Received by City Attorney: Comments: C1 C r 3 3 0 a, N a, 3 p� Date Routed to the Mayor's Office: 'v1 Date Routed to the City Clerk's Office: Visit Documents.KentWA.gov to obtain copies of all agreements • KENT W A S H I N G T G N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Robinson Noble, Inc. CONTRACT NAME & PROJECT NUMBER: Armstrong Well #2 Rehabilitation ORIGINAL AGREEMENT DATE: October 9, 2019 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: No change to the scope of work, however an amendment is needed to extend the time of completion to July 31, 2020. Lead time for the delivery of tested Pumping components are longer than anticiapted. 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, $28,310.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $28,310.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $28,310.00 AMENDMENT - 1 OF 2 Original Time for Completion 02/29/2020 (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add'I Days Required (f) for this 153 calendar days Amendment Revised Time for Completion 07/31/2020 (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, onsite 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 KENT: Digitally signed by James E Hay By: James E H a y Date:2020.02.18 17:15:07-08'00' By., (signature) (signature) Print Name: James E. Hay Print Name: Timothy J. LaPorte, P.E. Its Principal Its: Public Works Director (title) title) DATE: 2/18/2020 DATE: 0 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk k' Kent Law Department P:\Public\Administration\Contracts\Contracts Prepared(Kathi)\Robinson Noble Amendment AMENDMENT - 2 OF 2 ' A DAT �,,,, CERTIFICATE OF LIABILITY INSURANCE E(MM/DD/YYYY) 12/5/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 2TIFIGATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES _LOW. 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 Ileu of such endorsement(s). PRODUCER NAME. Cathy Fleck Leavitt Group Northwest PHONE (800)726-8771 FAX a6sl7ze-sire AtC Na PO Box 65770 ADDRESS: cathy-fleck®leavitt.com INSURERS AFFORDING COVERAGE NAIC 9 University Place WA 98464 INSURERA:Crum & Forster Specialty Insurance Co INSURED INSURERB:Ohio Security Insurance Co Robinson and Noble, Inc, DBA: Robinson Noble, Inc. INSURER C:Ohio-Casualty Insurance Co 2105 South C St. INSURER D: INSURER E Tacoma WA 98402 INSURER F; COVERAGES CERTIFICATE NUMBER:19/20 Master REVISION NUMBER: TH'S 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INSURANCESUGR POLICY EFF POLICYEXP LTR POLICY NUMBER ImuloDfryYyl. LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS.MADE Fx—i OCCUR .a 2ZwmnwI $ 100,000 X Y EPK-129209 11/30/2019 11/30/2020 ME EXP Any one parson $ 10,000 PERSONA( &ADV INJURY $ 2,000,000 GENLAGGRFGATE LIMIT APPI'ES PER: GENERAL AGGREGAr.F $ 4,000,000 PRO- PHO(U T "OPAGG S POl CY JEGT LOC '_;,'OM� r 4,000,000 OTHER g ;WTOMOBILE LIABILITY NED IN LE LIMIT $ 1,000,000 BIx ANYAUTO BODILY INJURY(Per person) $ ALL OWNED AUTSCHOS'II-FD BKSSb823788 11/30/2019 11/30/2020 BODILY 'INJURY`Per accideno S AUTOS ADIOS X , NON-OWNED HIRED AUTOS N AUTOS p OPERTY DAMA r#C0010110 $ 5 C X UMBRELLA LIAR XI OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAR _ CLAIMS-MAOE ES056023788 11/30/2019 11/30/2020 AGGREGATE S 2,000,000 DED I X I RETENTION$ Excess Automobile Liability $ WORKERS COMPENSATION PER X OTW AND EMPLOYERS'LIABILITY Y/N Eli STATUTE I ANY PROPRIETORIPARTNEWFXECUTI'VE OFFICERIMEMBER EXCLUDED? ❑NIA F.L.EACH ACCIDENT $ 1,000,000 A (Mandatory In NH) EPK-129209 11/30/2019 11/30/2020 EI.DISEASE-EAEMPI.OYEE $ I,Q0Q,000 If yyu0s,describe under _._._ pr*RIPT N OF OKRATIGI below F.L.DISEASE.•POLICY LIMIT IS 1,000,000 A Professional Liability EPK-129209 11/30/2019 11/30/2020 Each Dalm 2,000,000 Claims Made Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space is required) RE: Armstrong Springs Well A5 Redevelopment Project City of Kent is named as Additional Insured per the terms and conditions of forms EN0319 02/11, EN0118 02/11, EN0301 09/14 and CG8901 12/08 attached CERTIFICATE HOLDER CANCELLATION NYoshitake®KentWA.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL HE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. )Kent, WA 98032 AUTHORIZED REPRESENTATIVE U E. Olsor./CAFLEC ��Gus� G CJkL�t u C 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s): Where Required By Written Contract SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated in the Schedule shown above performed for that additional insured and included in the "products- completed operations hazard". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0319-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons or Or anization s Where Required by Written Contract A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an 1 additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of"your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, ENO118-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Under the Common Provisions, Section IV — LIMITS OF INSURANCE AND DEDUCTIBLE, item 2. is amended by the addition of the following: The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0301-0914 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG89011208 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage ® A. Hired Auto Liability ® B. Non-Ownership Liability A. Insurance is provided only for those coverages when an "X" is shown in the Declarations or in the Schedule. 1. Hired Auto Liability The insurance provided under Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto" by you or your "employees" in the course of your business. 2. Non-Owned Auto Liability The insurance provided under Section I - Coverage A- Bodily Injury And Property Damage Liabil- ity, applies to "bodily injury" or "property damage" arising out of the use of any "non-owned auto" in your business by any person. B. For insurance provided by this endorsement only: 1. The exclusions, under Paragraph 2. Exclusion of Section 1 - Coverage A - Bodily Injury and Prop- erty Damage Liability, other than exclusions a., b., d., f., and i. and the Nuclear Energy Liability Exclusion, are deleted and replaced by the following: a. "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Para- graph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay the dam- ages because of the injury. This exclusion does not apply to.- (1) Liability assumed by the insured under an "insured contract"; or (2) "Bodily Injury" arising out of and in the course of domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any workers compensation law. b. "Property damage" to: Includes copyrighted material of Insurance Services Office,Inc., CG 89 01 12 08 with its permission. Page 1 of 2 (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. 2. Section II,Who Is An Insured, is replaced by the following: 1. Each of the following is an insured under this endorsement to the extent set forth below: a. You; b. Any other person using a"hired auto" with your permission; c. For a"non-owned auto": (1) any partner or"executive officer" of yours; or (2) any "employee" of yours $ but only while such "non-owned auto" is being used in your business; and d. Any other person or organization, but only for their liability because of acts or omissions of an insured under a., b. or c. above. 2. None of the following is an insured: a. Any person engaged in the business of his or her employer for "bodily injury" to any co-"employee" of such person injured in the course of employment, or to the spouse, child, parent, brother or sister of that co-"employee" as a consequence of such "bodily injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury. b. Any partner or "executive officer" for any "auto" owned by such partner or officer or a member of his or her household; c. Any person while employed in or otherwise engaged in duties in connection with an "auto business", other than an "auto business" you operate; d. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner of a "non-owned auto" or any agent or "employee" of any such owner or lessee; e. Any person or organization for the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. C. Section III -Limits of Insurance, Paragraph 2., The General Aggregate Limit, does not apply. D. The following additional definitions apply: 1, 'Business" means the business or occupation of selling, repairing, servicing, storing or parking "autos". 2, "Hired Auto" means any "auto" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", your partners or you "executive Officers" or members of their households. 3. "Non-Owned Auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your "employees", your partners or "executive officers", or members of their households, but only while used in your business or your personal affairs. Includes copyrighted material of Insurance Services Office,Inc., CG 89 01 12 08 with its permission. Page 2 of 2