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HomeMy WebLinkAboutCAG2022-061 - Amendment - #1 - Gray & Osborne, Inc. - 6MG1 Reservoir Recoating & Vent Replacement Project - 12/19/2022Nancy Yoshitake for Brian Shields Public Works 12/20/2022 12/22/2022 N/A W20091 N/A Gray & Osborne, Inc.Contract Amendment 6MG1 Reservoir Recoating and Vent Replacement Provide additional construction engineering services for the project. Direct Negotiation 12/31/2023 $9,140 CAG2022-061 12/20/22 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Gray & Osborne, Inc. CONTRACT NAME & PROJECT NUMBER: 6MG1 Reservoir Recoating and Vent Replacement ORIGINAL AGREEMENT DATE: February 16, 2022 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: Provide additional construction engineering services for the project. For a description, see the Consultant's scope of work which is attached as Exhibit A and incorporated by this reference. 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 12/31/23 (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add'I Days Required (f) for this o calendar days Amendment Revised Time for Completion 12/31/23 (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: F, Digitally signed by Chad Bieren DN: C=US, E=cbieren@kentwa.gw, Kent, OU=Public Works, Chad Bieren By: CNCity N=Ch,d Bieren By: Date: 2022.12.19 23:25:53-08'00' (signature) (signature) Print Name: Michael B. Johnson, P.E. Print Name: Chad Bieren, P.E. Its President Its Public Works Director (title) (title) DATE: 12/19/22 DATE: ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department Gray & Osborne - 6MG1 Amid 1/Shields AMENDMENT - 2 OF 2 EXHIBIT A DRAFT SCOPE OF ENGINEERING SERVICES CITY OF KENT 6 MG RESERVOIR RECOATING AND REPAIR ADDITIONAL CONSTRUCTION SUPPORT BACKGROUND Gray & Osborne is currently providing construction support for the upgrades and recoating of the 6 MG Reservoir under a contract amendment from February 2022. The following additional construction engineering services are proposed to help the City with the remainder of the construction to complete the project. The scope of work described below is in addition to the tasks that were included in the original scope of work. PROPOSED SCOPE OF WORK Gray & Osborne proposes to provide the necessary engineering services to complete this project. The scope of work to be performed under this contract includes the following tasks: Task I — Project Management and Oversight Provide overall project management and oversight as follows: A. Ensure sufficient staff resources to dedicate to the project. B. Manage project budget and schedule. C. Prepare and provide monthly progress reports. Deliverables: Progress invoices Task 2 — Construction Administration Support This task includes: A. Address Contractor RFis and ongoing staff requests. B. Provide additional onsite assistance. For the purposes of this scope of work, it is assumed that an additional three, one-half day site visits will be c&o #21456 Page I of 2 Del iverabies. Assumptions required to review progress and provide any other construction support in addition to the site visits in the original scope. General construction correspondence including answering communications, RFIs, etc. City staff will provide overall construction management including coordination with the Contractor, daily site oversight and coordination with the contractor, meeting scheduling, all underground inspection, pay estimate preparation, and bacteria] and water quality testing. ANTICIPATED SCHEDULE Notice to Proceed .......................................................NIA, Construction work is ongoing. PROPOSED PERSONNEL No changes in personnel are proposed. G&Q 021454 Page 2 of 2 M C]i CL C O � &9 e�i G � � N O �_ •^ u �y N_ ER � � d V9 U] � Dfi v7 �''ti • M U Q' cfi c m o c I: 7r o N C-4 V} sNPi •� 4A m b 4. A ~� y rL t; xtic [6 v aod •� � � � W W � Gp T G O / A� " CERTIFICATE OF LIABILITY INSURANCE DATE9(MMIDD2 (MM/DDIYYYY) 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). PRODUCER AssuredPartners of Washington, LLC PMB #369, 19689 7th Ave NE, Ste 183IA/C. Poulsbo WA 98370 CONTACT NAME: Allison Barga PHONE FAX A/C No Ext : 360-626-2007 A/C No): 360-626-2007 ADDRESS: allison.barga@assuredpartners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: The Travelers Indemnity Company of Connecticut 25682 INSURED 4 INSURER B : Travelers Property Casualty Company of America 25674 Gray & Osborne Inc 1130 Rainier Avenue South, Suite 300 INSURERC: Travelers Casualty and Surety Company 19038 INSURER D : Seattle WA 98144 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1439954620 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFF MM DDPOLICYYYYY Y EXP MM DDYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 6808N74449A 9/10/2022 9/10/2023 EACH OCCURRENCE $1,000,000 F —V� CLAIMS -MADE OCCUR DAMAGE TO TED PREMISES(E. occurrence) lccurrrence)$ 300,000 X MED EXP (Any one person) $ 10,000 OCP/XCU/BFPD X Separation Insds PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ❑X PRO ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY BABP536892 9/10/2022 9/10/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ B X UMBRELLA LIAB X OCCUR CUP8N747012 9/10/2022 9/10/2023 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ in nnn $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 6808N74449A 9/10/2022 9/10/2023 PER X OTH- STATUTE ER WA Stop Gap ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liab: Claims Made 105339819 9/10/2022 9/10/2023 $3,000,000 Per Claim Pollution Liab: Occurrence Form $3,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder(s) is/are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella / Excess Liability and Workers Compensation / Employers Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department AUTHORIZED REPRESENTATIVE 400 West Gowe Kent WA 98032 i�!4 z 7,4,.f ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy # 6808N74449A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of 'your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional 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 available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission