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HomeMy WebLinkAboutCAG2021-246 - Amendment - #1 - Associated Underwater Services, Inc. - Mill Creek at 76th Ave Project Diving Crew - 12/13/2022Nancy Y. for Susanne Smith Public Works 12/13/2022 12/15/2022 N/A D90121 N/A Associated Underwater Services, Inc.Contract Amendment Mill Creek at 76th Avenue Extend the time of completion to December 30, 2023. Direct Negotiation 12/30/23 $0 CAG2021-246 12/16/22 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Associated Underwater Services, Inc. (AUS) CONTRACT NAME & PROJECT NUMBER: Mill Creek at 76th Avenue ORIGINAL AGREEMENT DATE: May 19, 2021 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 30, 2023 due to additional diving services may be needed. Billing rates have been updated per the attached 2022 - 2023 rates. 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 $ Net Change by Previous Amendments including applicable WSST $ Current Contract Amount including all previous amendments $ Current Amendment Sum $ Applicable WSST Tax on this Amendment $ Revised Contract Sum $ Original Time for Completion 12/30/22 (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 12/30/23 (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: By: - - By: - (signature) (signatur ) Print Name: Samantha Cumpton Print Name: Carla Maloney, P.E. Its Controller Its Design Engineering Manager (title) DATE: 12/13/2022 DATE: I (3 II A!� ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) L;u 6M4 Kent City Clerk Kent Law Department AUS Diving - Mill Creek at 7611 Amd 1/Smith AMENDMENT - 2 OF 2 Associated Underwater Services, Inc. Spokane 509.533.6500 Kenmore 425.487.0329 www.ausdiving.com Increased Pricing for 2022 – 2023 Union Rates: Task Description Total Mobe and Demobe Mobe and Demobe – Crew and equipment to and from the jobsite – per trip $ 600.00 $ 655.00 4 Hours 4 Hours – Labor and Equipment Three Person Crew – Monday thru Friday $ 2,180.00 $ 2,285.38 6 Hours 6 Hours – Labor and Equipment Three Person Crew – Monday thru Friday $ 3,100.00 $ 3,258.06 8 Hours 8 Hours – Labor and Equipment Three Person Crew – Monday thru Friday $ 4,020.00 $ 4,230.75 10 Hours 10 Hours – Labor and Equipment Three Person Crew – Monday thru Friday $ 5,080.00 $ 5,362.42 4 Hours 4 Hours – Labor and Equipment Five Person Crew (two divers simultaneously) Monday thru Friday $ 4,300.00 $ 4,450.21 6 Hours 6 Hours – Labor and Equipment Five Person Crew (two divers simultaneously) Monday thru Friday $ 5,840.00 $ 6,065.31 8 Hours 8 Hours – Labor and Equipment Five Person Crew (two divers simultaneously) Monday thru Friday $ 8,360.00 $ 8,664.90 10 Hours 10 Hours – Labor and Equipment Five Person Crew (two divers simultaneously) Monday thru Friday $ 10,080.00 $ 10,487.43 Includes: All diving related diving submittals (Dive plan, AHA/JHA an EMP) Shop mobilization and demobilization Three to Five person, OSHA / WISHA / ADCI Approved, surface supplied air diving crew All surface supplied air diving equipment (compressors, hoses, HP air, filters, volume tanks and topside communications) Crew vehicle(s) Underwater Video – Digital, color, recordable in DVD or USB format Wells Cargo Dive Control Station Sufficient fuel for the job All required diving safety equipment Federally Required - USLH /Jones Act workers compensation insurances for work on navigational waterways Prevailing Wages – Intents and Affidavits Penetration pay for the divers (as required) Excludes: Traffic Control All Permanent Materials (unless specifically quoted) Associated Underwater Services, Inc. Spokane 509.533.6500 Kenmore 425.487.0329 www.ausdiving.com Sanitary Facilities Environmental Controls (TESC, booms, curtains, containment(s), fences and plans) Turbidity monitoring and controls Marine mammal and endangered species monitoring Bonding (bid, performance & payment) o If required, please add 1.25% to aggregate contract sum Builders Risk, Railroad and Airplane Insurances Professional Liability / Errors and Omissions Insurances over 1M per occurrence Pollution Insurances over 3M per occurrence, 6M aggregate Engineering Surveying (PLS) and Layouts Permitting Utility Locates Special Inspections and Testing Subsurface Obstructions (rock, debris, cobbles, garbage, hard packed sand and clays, ect…) Sales Taxes, Tariffs and Fees Liquidated Damages Jobsite illumination (for work prior to sunrise and at dusk / night) Crane(s), Rigging, Signaling, Load Handling, Manlift and Manbasket(s) Disposal of Debris and Used Construction Materials Site Access ([Company] to provide safe access to and from the jobsite – unless specifically quoted) Notes: Pricing is based on Terms – Net 30 upon receipt, 1.5% (18% APR) on invoices over 30 days Proposal is based upon a mutually agreeable contract Consumables at Cost + 10% (underwater burning consumables, i.e., Broco rods and oxygen) This proposal is to become part of the contract and be attached via exhibit or addendum, NO exceptions Pricing is good for [Publish Date] days from the date of proposal and if acceptance is not given within this timeframe this proposal shall become null and void This is a time and materials quote, actual hours may vary from estimated Time and material quotes will be billed at a minimum of four hours, anything over four hours will be billed in two hour increments up to eight hours and then hourly thereafter. Standard work days are Monday thru Friday and shall be restricted between the hours of 05:00 and 18:00, NO Weekends and or Holidays, unless specifically quoted Water depth is assumed to be less than 30 feet of sea/fresh water, tides inclusive, if any Unless otherwise noted one diver will be allowed wet in a 4 to 6-hour period, two divers wet in an 8 to 10 hour period and three divers wet in a 12 hour period. Additional work not listed above will be performed on a time and materials basis, please ask for time and material rates, if not provided Diving and decompression will be in accordance with the US Navy Dive Manual, Revision 7 All diving will be performed in accordance to the following regulations, when applicable: Washington - WAC 296-37; OR-OSHA 1910, Subpart T; Federal OSHA 1910, Subpart T; Cal OSHA Subchapter 7, Group 26, Article 153; Association of Diving Contractors International – Consensus Standards, Revision 6.2; USACE Projects, EM-385-1-1; USBR RSHS Section 29; Associated Underwater Services – Safety and Health Manual, Revision 2018 Associated Underwater Services, Inc. Spokane 509.533.6500 Kenmore 425.487.0329 www.ausdiving.com All diving operations will be performed pursuant to the local union regulations Call outs after 17:00 PST will be billed at time and a half Work performed over 8 hours will be require subsistence and lodging for and overnights stay if more than 90 miles from main office or if ferry transport is needed CONFIDENTIALITY – This proposal may contain protected information pertaining to sensitive, financial, commercial, or proprietary business information and/or the security of AUS. Except by parties designated by AUS in writing this proposal or any information contained herein shall not be forwarded, copied, faxed, emailed or transferred to any party other than the designated party. NORTHWEST ;ARPENTERS UNION UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA 5120 PACIFIC HWY S KENT, WA 98032 (253) 945-8800 f (253) 839-4908 nwCarpenters.org AGC OF WESTERN WASHINGTON Divers Addendum EFFECTIVE: June 1, 2022 - May 31, 2023 Counties Covered By This Agreement: Grays Harbor, Whatcom, Jefferson, Clallam, King, Pierce, Snohomish, Skagit, Kitsap, Island, San Juan, Mason, Thurston, Lewis, Northern half of Pacific, Chelan, Douglas, Kittitas, Yakima and Okanogan CLASSIFICATIONS: Tender, Manifold Operator, Remote Operated Vehicle Operator/Technician Remote Operated Vehicle Tender Diver Dive Stand -By Diver Dive Supervisor/Master Dive Superintendent Manifold Operator (on days with mixed gas diving) Bell/Vehicle or submersible Operator (not under pressure) Hourly 4% Wage Dues Vacation $57.02 $2.07 $1.00 $51.84 $2.07 $1.00 $105.91 $2.07 $1.00 $64.80 $2.07 $1.00 $69.80 $2.07 $1.00 $107.41 $2.07 $1.00 $62.02 $2.07 $1.00 $105.91 $2.07 $1.00 Certified Welder - +2.5% of Journeyman Wage while performing welds required by the plans or specifications to be certified. FRINGE BENEFITS: Health & Security $8.98 Retirement $10.10 Apprentice Fund $0.89 CITF $0.12 Millwright/Pile Driver First Industry Fund $0.05 TOTAL $20.14 Substance Abuse Program $0.06 (if participating) JT:be/opeiu#8-af1cio Revised 1/6/22 © 1988-2015 ACORD CORPORATION. All rights reserved. © UMR: B0180MA2108385 http://PortalGXB/Sites/RKH_21/LIVE/Documents/Policy/PlacingSlip/MA2108385 PlacingSlip_MA.docx Page 21 of 37 Attaching to and forming part of Policy Number THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE ENDORSEMENT It is agreed that where the Insured is named as an additional Insured on the policy(ies) of others, this policy shall only apply in excess of and shall not be contributory with other said policy(ies). Notwithstanding the above or any other clauses contained within this policy it is agreed where required by written contract this policy shall be primary and non-contributory to any other valid and collectable insurance. All other terms, clauses and conditions remain unchanged. CGU00W (amended) Attaching to and forming part of Policy Number THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. COSTS INCLUSIVE OF LIMIT ENDORSEMENT THE FOLLOWING ENDORSEMENT AMENDS THE TERMS AND CONDITIONS OF THE CONTRACT. With reference to Section 1 “Supplementary Payments – Coverages A and B” of CG 00 01 12 04, all items referred to in this section will reduce the limits of insurance and are not considered Supplementary Payments. CGU00CIL (amended) offfffofofooffffffff 3737377373737377777777373777 UMR: B0180MA2108385 http://PortalGXB/Sites/RKH_21/LIVE/Documents/Policy/PlacingSlip/MA2108385 PlacingSlip_MA.docx Page 27 of 37 GENERAL CONDITIONS APPLICABLE TO ALL SECTIONS IN – REM ENDORSEMENT It is agreed that any loss, otherwise covered by this contract, shall be considered covered thereby even though asserted by an action ‘In-Rem’ instead of action ‘In-Personam’, all limitations, exclusions and other provisions of the contract shall be applicable to this endorsement. Attaching to and forming part of Policy Number THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT Underwriters agree that, if required by written contract, any person, firm or organisation is included as an Additional Insured but only in respect of liability for Bodily Injury and/or Property Damage arising out of operations performed by the named Insured and only to the extent required under said written contract. This insurance applies separately to each Insured against whom claim is made or suit is brought except with respect to Underwriters limits of liability. The inclusion of any person, firm or organisation as an Insured shall not affect any right which such person, firm or organisation would have as a claimant if not included. CGU00M Attaching to and forming part of Policy Number THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT Underwriters agree to waive their rights of subrogation against any principal where waiver is required by written contract but only in respect of liability for Bodily Injury and/or Property Damage arising out of operations performed by the named Insured and only to the extent required under said written contract. CGU00L U.S.A. AND CANADA ENDORSEMENT FOR THE INSTITUTE RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO-CHEMICAL AND ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE 29 TH JANUARY, 2004 (USCAN B) This contract is subject to the Institute Radioactive Contamination, Chemical, Biological, Bio-Chemical and Electromagnetic Weapons exclusion Clause 10th November, 2003 (RACCBE). The inclusion of RACCBE in this contract is material to underwriters’ willingness to provide coverage at the quoted terms, conditions and rates. It is the intent of the parties to give maximum effect to RACCBE as permitted by law. In the event that any portion of RACCBE may be found to be unenforceable in whole or in part under the law of any state, territory, district, commonwealth or possession of the United States of America, or any province or territory of Canada, the remainder shall remain in full force and effect under the laws of that state, territory, district, commonwealth or possession of the United States of America, province or territory of Canada. Further, any such finding shall not alter the enforceability of RACCBE under the laws of any other state, territory, district, commonwealth or possession of the United States of America, or any province or territory of Canada, to the fullest extent permitted by applicable law. offfffofofooffffffff 3737377373737377777777373777 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section ll. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT— INCREASED LIMIT I. WAIVER OF DEDUCTIBLE —GLASS J. PERSONAL PROPERTY [C�1I:iJi�� L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: CA T4 20 02 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance services Office. Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT— INCREASED LIMIT Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 ® 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance services Office, Inc. with its permission. COMMERCIAL AUTO K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total 'loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and (2) Any: (a) Overdue lease or loan payments at the time of the loss' (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident' or 'loss", pro- vided that the "accident' or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance services Office, Inc. with its permission.