Loading...
HomeMy WebLinkAboutCAG2020-187 - Amendment - #1 - Confluence Environmental Company - GRNRArea North Pump Station Critical Areas Study - 12/07/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Confluence Environmental Company CONTRACT NAME & PROJECT NUMBER:Green River Natural Resource Area North Pump Station ORIGINAL AGREEMENT DATE: June 16, 2020 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 December 31, 2021 to continue wetland work on the project. 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, including applicable WSST $8,650 Net Change by Previous Amendments including applicable WSST $0 Current Contract Amount including all previous amendments $8,650 Current Amendment Sum $0 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $8,650 AMENDMENT - 2 OF 2 Original Time for Completion (insert date) 12/31/20 Revised Time for Completion under prior Amendments (insert date) n/a Add’l Days Required (±) for this Amendment 365 calendar days Revised Time for Completion (insert date) 12/31/21 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: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Michael Mactutis, P.E. Its Environmental Engineering Manager (title) DATE: ATTEST: ___________________________ Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department Confluence Environmental Co - GRNRA N PS Amd 1/Hallock Scott White President 12/4/2020 12/7/2020 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICYEXPTYPEOFINSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TORENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OPAGGJECT OTHER:$ COMBINED SINGLE LIMIT Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICYLIMITDESCRIPTIONOF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) The ACORD name and logo are registered marks of ACORD 6/16/2020 425) 952-2661 10172 Confluence Environmental Company 146 N Canal St #111 Seattle, WA 98103 24082 24074 A 5,000,000 X X G27563521006 3/5/2020 3/5/2021 50,000 WA Stop Gap 10,000 5,000,000 5,000,000 5,000,000 1,000,000B BAS57702471 3/5/2020 3/5/2021 4,000,000C ESO57702471 3/5/2020 3/5/2021 4,000,000 10,000 A G27563521006 3/5/2020 3/5/2021 1,000,000 1,000,000 1,000,000 A Pollution Liab.G27563521006 3/5/2020 Ded: $2,500/Ea Condi 5,000,000 A Professional Liab.G27563521006 3/5/2020 3/5/2021 Ded: $2,500/Ea Claim 5,000,000 Re: Green River Natural Resource Area North Pump Station project City of Kent is included as an Additional insured per written contract. Coverage is Primary and non-contributory. Waiver of Subrogation applies. See attached endorsements. City of Kent 220 Fourth Avenue S. Kent, WA 98032 CONFENV-01 R1KJOHNSON AssuredPartners of Washington, LLC P.O. Box 847 Redmond, WA 98073 Kassi Johnson kassi.johnson@assuredpartners.com Westchester Surplus Lines Insurance Company Ohio Security Insurance Company The Ohio Casualty Insurance Company X 3/5/2021 X X X X X X X X X ENV-3250 (12/18) 221012.1) Includes copyrighted material of Insurance Services Office, Inc. withits permission Page 1 of 2 ADDITIONAL INSURED ENDORSEMENT – ONGOING WORK OR OPERATIONS Named Insured Confluence Environmental Company Endorsement Number Policy Symbol EPW Policy Number G27563521 006 Policy Period 03/05/2020 TO 03/05/2021 Effective Date of Endorsement 03/05/2020 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE: Name of Person(s) or Organization(s): As required by written contract, prior to a loss to which this insurance applies If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.SECTION II -WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule,but only with respect to liability for injury or damage,to which this insurance applies, caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following exclusion is added: Exclusions This insurance does not apply to injury or damage occurring after: a.All work or operations,including materials, parts or equipment furnished in connection with such work or operations,on the project (other than service,maintenance or repairs)to be performed by you or on your behalf at the site of the covered operations has been completed; or ENV-3250 (12/18) 221012.1) Includes copyrighted material of Insurance Services Office, Inc. withits permission Page 2of 2 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 the additional insured as a part of the same project. C.With respect to the insurance afforded to these additional insureds,the following is added to SECTION III – LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-3251 (12/18) 221012.2) Includes copyrighted material of Insurance Services Office, Inc. withits permission Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT – PRODUCTS-COMPLETED OPERATIONS HAZARD Named Insured Confluence Environmental Company Endorsement Number Policy Symbol EPW Policy Number G27563521 006 Policy Period 03/05/2020 TO 03/05/2021 Effective Date of Endorsement 03/05/2020 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract, prior to a loss to which this insurance applies If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.SECTION II –WHO IS AN INSURED is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for injury or damage,to which this insurance applies,caused by or resulting from your work performed for that additional insured and included in the products-completed operations hazard,and only to the extent that such injury or damage is caused, in whole or in part, by your negligence or the negligence of those acting on your behalf. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds,the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-3252 (12-18) 266562.1)Includes copyrighted material of Insurance Services Office, Inc. withits permission Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION Named Insured Confluence Environmental Company Endorsement Number Policy Symbol EPW Policy Number G27563521 006 Policy Period 03/05/2020 TO 03/05/2021 Effective Date of Endorsement 03/05/2020 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert thepolicy number.The remainder of the information is to be completed only when this endorsement is issuedsubsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR’S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to,and will not seek contribution from,any other insurance available to an additional insured under this policy, provided that: a.The additional insured is a named insured under such other insurance; and b.You have agreed in a written contract or agreement that this insurance would: 1)act as primary insurance; and 2)would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. ENV-3143 (03-05)Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 WAIVEROFTRANSFEROFRIGHTSOFRECOVERYAGAINSTOTHERSTOUS Named Insured Confluence Environmental Company Endorsement Number Policy Symbol EPW Policy Number G27563521 006 Policy Period 03/05/2020 to 03/05/2021 Effective Date of Endorsement 03/05/2020 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract, prior to a loss to which this insurance applies If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard.This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-7124 (03-14)Includes copyrighted material of Insurance Services Office, Inc., with its permission Chubb. 2016. All rights reserved. Page 1 of 2 DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT ENDORSEMENT – ALL PROJECTS CONTRACTUAL LIMITATION Named Insured Confluence Environmental Company Endorsement Number Policy Symbol EPW Policy Number G27563521 006 Policy Period 03/05/2020 to 03/05/2021 Effective Date of Endorsement 03/05/2020 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Designated Project General Aggregate Limit:$5,000,000 Maximum Designated Projects General Aggregate Limit:$5,000,000 A.For those sums which the insured becomes legally obligated to pay as damages caused by bodily injury or property damage under SECTION I, COVERAGE A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1.A separate Designated Project General Aggregate Limit applies to each project away from premises owned by or rented to you provided the separate Designated Project General Aggregate Limit is required in a contract signed by you and executed prior to commencement of the project, and that limit,shown in the Schedule above, is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.Regardless of the number of designated projects covered under this policy, the Maximum Designated Project(s)General Aggregate Limit shown in the Schedule above is the most we will pay for all bodily injury or property damage or medical expenses arising from all projects away from premises owned by or rented to you. 3.The Designated Project General Aggregate Limit is the most we will pay for the sum of: a.Damages under SECTION I,COVERAGE A,BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for each designated project, except damages because of bodily injury or property damage included in the products-completed operations hazard;regardless of the number of: i).Insureds; ii).Claims made or suits brought; or iii)Persons or organizations making claims or bringing suits; and b.Medical expenses under SECTION I,COVERAGE C,MEDICAL PAYMENTS applicable to the same designated project.The Each Occurrence limit shown in the Declarations for MEDICAL PAYMENTS shall continue to apply. ENV-7124 (03-14)Includes copyrighted material of Insurance Services Office, Inc., with its permission Chubb. 2016. All rights reserved. Page 2 of 2 4.Subject to 3 above, any payments made as respects a designated project shall reduce the Designated Project General Aggregate Limit for that designated project and the Maximum Designated Projects General Aggregate Limit. Such payments shall not reduce: a.The General Aggregate Limit shown in the Declarations, nor b.Any other Designated Project General Aggregate Limit for any other project away from premises owned by or rented to you, subject to 2.above. B.For those sums which the insured becomes legally obligated to pay as damages caused by bodily injury or property damage which cannot be attributed only to ongoing operations at any single designated project away from premises owned by or rented to you: 1.Any payments made under a.SECTION I, COVERAGE A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY, or b.SECTION I, COVERAGE C. MEDICAL PAYMENTS shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Designated Project General Aggregate Limit or the Maximum Designated Projects General Aggregate Limit. C.When coverage for liability arising out of the products-completed operations hazard is provided,any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate Limit or any Designated Project General Aggregate Limit or the Maximum Designated Projects General Aggregate Limit. D.If the applicable designated project has been abandoned,delayed,or abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs, specifications or timetables,the project will still be deemed to be the same project for the purpose of establishing the Designated Project Aggregate Limit for that project. The provisions of Limits of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply All other terms and conditions remain unchanged.