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HomeMy WebLinkAboutCAG2020-187 - Amendment - #3 - Confluence Environmental Company - GRNRArea North Pump Station Critical Areas Study - 12/01/2022Ap p r o v a l Originator:Department: Date Sent:Date Required: Director or Designee to Sign. Interlocal Agreement Uploaded to Website Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Comments: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n Vendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes 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. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached AMENDMENT - 1 OF 2 AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: Confluence Environmental Company CONTRACT NAME & PROJECT NUMBER: Green River Natural Resources 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, 2023 due to shift in project priority, an extension is needed to complete this 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)  Revised Time for Completion under prior Amendments (insert date)  Add’l Days Required (±) for this Amendment  calendar days Revised Time for Completion (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: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Carla Maloney, P.E. Its Design Engineering Manager (title) DATE: ATTEST: ___________________________ Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department Confluence Environmental - GRNRA N PS Amd 3/Hallock (signataattatttattatattttaaataaaaaaaauu(r&KULV&]LHVOD &(2  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 POLICY EXPTYPE OF INSURANCE 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 TO RENTEDCLAIMS-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/OP AGGJECT 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 - POLICY LIMITDESCRIPTION OF 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 3/7/2022 (425) 952-2661 34452 Confluence Environmental Company 146 N Canal St #111 Seattle, WA 98103 24082 24074 A 5,000,000 X X 7930117880000 3/5/2022 3/5/2023 300,000 WA Stop Gap 10,000 5,000,000 5,000,000 5,000,000 1,000,000B BAS57702471 3/5/2022 3/5/2023 4,000,000C ESO57702471 3/5/2022 3/5/2023 4,000,000 10,000 A 7930117880000 3/5/2022 3/5/2023 1,000,000 1,000,000 1,000,000 A Pollution Liab.7930117880000 3/5/2022 Ded: $2,500/Ea Condi 5,000,000 A Professional Liab.7930117880000 3/5/2022 3/5/2023 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 15809 Bear Creek Parkway #300 Redmond, WA 98052 Kassi Johnson kassi.johnson@assuredpartners.com Homeland Insurance Company of New York Ohio Security Insurance Company The Ohio Casualty Insurance Company X 3/5/2023 X X X X X X X X X Copyright 2019, Intact Insurance Group USA LLC E-INSURED Policy Number: 793-01-17-88-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION – FORM III This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization that the Named Insured agreed to add as an additional insured in a written contract or written agreement that was fully executed by the Named Insured prior to the performance of the Named Insured's work that is the subject of such written contract or written agreement. Any location where required by the written contract or written agreement in which the Named Insured agreed to add the person or organization qualifying as an additional insured under this endorsement. 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, environmental damage or personal and advertising injury 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 insured(s) at the location(s) designated above. 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 additional exclusions apply: This insurance does not apply to bodily injury, property damage or environmental damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or OBENV GE 346 (01 19) Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 2. 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 a principal 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 remain the same. OBENV GE 346 (01 19) Contains copyrighted material of Insurance Services Office, Inc. with its permission. Copyright 2019, Intact Insurance Group USA LLC Page 2 of 2 (,1685(' 3ROLF\1XPEHU793-01-17-88-0000 7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//< $'',7,21$/,1685('±2:1(56/(66((625&2175$&7256± &203/(7('23(5$7,216 7KLVHQGRUVHPHQWPRGLILHVFRYHUDJHSURYLGHGXQGHUWKHIROORZLQJ &200(5&,$/*(1(5$//,$%,/,7<&29(5$*(3$57 &2175$&7256(19,5210(17$//,$%,/,7<&29(5$*(3$57  6&+('8/(    $6(&7,21 ,, ±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±/,0,762),1685$1&($1''('8&7,%/( ,IFRYHUDJHSURYLGHGWRWKHDGGLWLRQDOLQVXUHGLVUHTXLUHGE\DFRQWUDFWRUDJUHHPHQWWKHPRVWZHZLOOSD\RQ EHKDOIRIWKHDGGLWLRQDOLQVXUHGLVWKHDPRXQWRILQVXUDQFH 5HTXLUHGE\WKHFRQWUDFWRUDJUHHPHQWRU $YDLODEOHXQGHUWKHDSSOLFDEOH/LPLWVRI,QVXUDQFHVKRZQLQWKH'HFODUDWLRQV ZKLFKHYHULVOHVV 7KLVHQGRUVHPHQWVKDOOQRWLQFUHDVHWKHDSSOLFDEOH/LPLWVRI,QVXUDQFHVKRZQLQWKH'HFODUDWLRQV $OORWKHUWHUPVDQGFRQGLWLRQVUHPDLQWKHVDPH  2%(19*(  &RQWDLQVFRS\ULJKWHGPDWHULDORI,QVXUDQFH6HUYLFHV2IILFH,QFZLWKLWVSHUPLVVLRQ3DJHRI &RS\ULJKW,QWDFW,QVXUDQFH*URXS86$//& /RFDWLRQ$QG'HVFULSWLRQ2I&RPSOHWHG2SHUDWLRQV Any location, and completed operations at such location, where required by the written contract or written agreement in which the Named Insured agreed to add the person or organization qualifying as an additional insured under this endorsement. 1DPH2I$GGLWLRQDO,QVXUHG3HUVRQ V 2U2UJDQL]DWLRQ V  Any person or organization that the Named Insured agreed to add as an additional insured in a written contract or written agreement that was fully executed by the Named Insured prior to the performance of the Named Insured's work that is the subject of such written contract or written agreement. OBENV GE 319 (11 20) Page 1 of 1 Contains copyrighted material of Insurance Services Office, Inc. with its permission. E-INSURED Policy Number: 793-01-17-88-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance 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. The Named Insured has agreed in writing in a contract or agreement that this insurance would: (1) Act primary to any other insurance available to the additional insured; and (2) Would not seek contribution from any other insurance available to the additional insured. All other terms and conditions remain the same. OBENV GE 320 (11 20) Page 1 of 1 Contains copyrighted material of Insurance Services Office, Inc. with its permission. E-INSURED Policy Number: 793-01-17-88-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE The following is added to the Transfer Of Rights Of Recovery Against Others To Us condition of SECTION IV – CONDITIONS: 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 negligence during: 1. Your ongoing operations; or 2. Your work; performed under a written contract with such person or organization and included in the products-completed operations hazard. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) in the written contract prior to loss. This waiver applies only to the person or organization shown in the SCHEDULE above. All other terms and conditions remain the same. Name Of Person Or Organization: Any person or organization that the "Named Insured" agreed to waive its rights of recovery against in a fully executed written contract. Policy Number: 793-01-17-88-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) AGGREGATE LIMIT This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the SCHEDULE above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Section I - Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard, and for medical expenses under Section I - Coverage C regardless of the number of: a. Insureds; b. Claims made or suits brought; or c. Persons or organizations making claims or bringing suits. 3. The Total Designated Construction Project(s) Aggregate Limit shown in the SCHEDULE above is the most we will pay for the sum of all damages caused by occurrences under Section I – Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to ongoing operations at designated construction projects. OBENV GL 324 (07 13) Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 2 Copyright 2013, Intact Insurance Group USA LLC E-INSURED Designated Construction Project(s): Any construction project for which the "Named Insured" agreed to provide a designated per project aggregate limit in a written contract or written agreement that was fully executed by the "Named Insured" prior to the performance of the "Named Insured’s" work that is the subject of such written contract or written agreement. Coverage afforded for such construction project will not be broader than the scope of insurance agreed to by the "Named Insured" in such written contract or written agreement. Total Designated Construction Project(s) Aggregate Limit: $ 5,000,000 4. Any payments made under Coverage A for damages or under Coverage C for medical expenses will reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments will also reduce the Total Designated Construction Project(s) Aggregate Limit shown in the SCHEDULE above. However, such payments will not reduce: a. The General Aggregate Limit or Policy Aggregate Limit shown in the Declarations; or b. Any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the SCHEDULE above. 5. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit or Policy Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the SCHEDULE above, any payments made under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C will: 1. Reduce the amount available under the General Aggregate Limit and Policy Aggregate Limit shown in the Declarations; and 2. Not reduce any Designated Construction Projects Aggregate Limit or the Total Designated Construction Project(s) Aggregate Limit. C. If the applicable designated construction project has been abandoned, delayed or abandoned and restarted, or if the authorized contracting parties deviate from plans, blueprints, specifications or timetables, we will deem the project to be the same construction project as it was originally listed in the SCHEDULE above. All other terms and conditions remain the same. OBENV GL 324 (07 13) Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 2 Copyright 2013, Intact Insurance Group USA LLC