HomeMy WebLinkAboutPW11-039 - Amendment - #2 - Historical Research Associates, Inc. - Green River Leeve Certification Project - 12/15/2011 i
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KENT -= Document
WASHINGTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Historical Research Associates Inc.
Vendor Number:
JD Edwards Number
Contract Number: ek,-,f I - O 3
This is assigned by City Clerk's Office ;I
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Project Name: Green River Levee Certification
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Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract
❑ Other:
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Contract Effective Date: Date of the Mayor's Signature Termination Date: 12/31/12
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Mark Madfai Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Extend the time of completion to December 31, 2012 so the Consultant can continue to
conduct Cultural Resource Studies for additional levee sections.
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S•Pub]lc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
WASH]N GTON
AMENDMENT NO. 2
NAME OF CONSULTANT OR VENDOR: Historical Research Associates Inc.
CONTRACT NAME & PROJECT NUMBER: Green River Levee Certification
ORIGINAL AGREEMENT DATE: December 17, 2010
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 is necessary to the scope of work, however an
amendment is needed to extend the time of completion to
December 31, 2012 so the Consultant can continue to conduct
Cultural Resources Studies for additional levee sections.
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, $629859.00
including applicable WSST
Net Change by Previous Amendments $15,911.00
Including applicable WSST
Current Contract Amount $78,770.00
including all previous amendments
Current Amendment Sum $0
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $78,770.00
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AMENDMENT — 1 OF 2
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Original Time for Completion 12/31/11
(insert date)
Revised Time for Completion under 12/31/11
prior Amendments
(insert date)
Add'I Days Required (f) for this 366 calendar days
Amendment
Revised Time for Completion 12/31/12
(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:
SZ12��
(signature) (signature)
Print Name: �� Wile-b Prin Na a uzette Cooke
Its V ice- Its Mayor
rr � (title) (title)
DATE: DATE: /la es
APPROVED AS TO FORM:
(app Mayor's signature required)
Kent Law artme t
HRA-GR Levees Amtl 2/Matlfei
AMENDMENT - 2 OF 2
Client#:25956 HRAHISTO
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE'12/30/2010
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 pollcy(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 lieu of such endorsements)
PRODUCER CONTACT
NAME
Payne Financial Group,Inc. PHONE
P.O.Box 3327 AMAIL Est) A C,No
ADDRESS
145 West Front Street PRODUCER
Missoula, MT 59806-0638 CUSTOMER to
INSURER(S)AFFORDING COVERAGE NAIC# �
INSURED INSURER A Charter Oak Fire '
HRA-Historical Research Associates INSURER B The Travelers Indemnity Co.
P.O.Box 7086 INSURER Darwin Select Insurance Company
Missoula,MT 59807 INSURER D Travelers Indemnity Co. of Conn
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER. 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 RESPECTTO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Ii
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS H
NSR IUDTYPE OF INSURANCE N DL R POLICY EFF POLICY EXP LIMITS
R POLICY NUMBER MWDD MMIDDNYYY
A GENERAL LIABILITY X 1680475F1632COF11 01/01/2011 0110112012 EACH OCCURRENCE $1,000000
X COMMERCIAL GENERAL LIABILITY DAMAGE a oc D
PREMISESS(RENT rrence $300,000
CLAIMS-MADE 4 OCCUR ME EXP(Any one person) $5,000
PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $2,000,000
POLICY PROJECT 71 LOC $ a
D AUTOMOBILE LIABILITY X BA3635W36511 SEL 1/01/2011 0110112012
(o COMBINED SINGLE LIMIT $1,000,000
ANYAUTO BODILY INJURY(Per person) $
X ALL OWNED AUTOS BODILY INJURY(Par accident) $
SCHEOULEDAUTOS PROPERTYDAMAGE
X HIRED AUTOS (Per accident) $
X NON-OWNEDAUTOS $ '
B UMBRELLA LIAB X OCCUR X ISMCUP703W52581ND1 1/01/2011 0110112012 EACH OCCURRENCE $1 000 000
EXCESS LIAB CLAIMS-MADE AGGREGATE $1 000 000
DEDUCTIBLE $
X RETENTION S 10000 $
WORKERS COMPENSATION WC STATU- I OTH
AND EMPLOYERS'LIABILITY YfN ITORY LIMITS ER
ANY PROPRIETOWPARTNER/EXECUTI%,, EL EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED? NIA
(Mandatory in NH) EL DISEASE EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E L DI SEASE-POLICY LIMIT $
C Professional 03062472 01/01/2011 01/01/201 $1,000,000 each claim
Liabili $1.000,000 aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Washington State Employers Overhead Liability-Policy#1680475F1632COF11 Effective {
01/01/11 to 01/01112.$1,000,000 Each Accident,$1,000,000 Disease per Employee,
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION d
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
220 Fourth Avenue South
Kent,WA 98032 AUTHORIZED REPRESENTATIVE
®1988-2009 ACORD CORPORATION All rights reserved.
ACORD 25(2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S588377/M588359 TH W 1
DESCRIPTIONS (Continued from Page 1)
1,000,000 Disease Policy Limit.
RE: Cultural Resources Assessment for the Green River Levee Certification Projects
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AMS 25 3(2009109) 2 of 2
#5588377/M588359
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY— CONTRACTORS COVERAGE PART
1. WHO IS AN INSURED — (Section II) is amended c) This Insurance does not apply to "bodily in-
to include any person or organization you are re- jury" or "property damage" caused by "your
qulred to Include as an additional insured on this work" included in the "products-completed
policy by a written contract or written agreement operations hazard" unless you are required to u
In effect during this policy period and signed and provide such coverage for the additional in-
executed by you prior to the loss for which cover- sured by a written contract or written agree.
age is sought. The person or organization does ment in effect during this policy period and
not qualify as an additional Insured with respect to signed and executed by you prior to the loss
the Independent acts or omissions of such person for which coverage is sought and then only
or organization. The person or orgarization Is for the period of time required by such con-
only an additional Insured with respect to liability tract or agreement and in no event beyond
caused by"your work"for that addhlonal Insured. the explratlon date of the policy,
2. The insurance provided to the additional insured 3, Subpart (1)(a) of the Pollution exclusion under
Is limited as follows: Paragraph 2„ Exclusions of Bodily Injury and {
a) In the event that the limits of liability stated In Property Damage Liability Coverage (Section I — 1
the policy exceed the limits of liability required Coverages) does not apply to you if the "bodily
by a written contract or written agreement In Injury" or "property damage" arises out of "your
effect during this policy period and signed and work"performed on premises which are owned or
executed by you prior to the loss for which rented by the additional insured at the time "your
coverage Is sought, the Insurance provided work" Is performed,
by this endorsement shall be limited to the 4. Any coverage provided by this endorsement to an
limits of liability required by such contract or additlonal Insured shall be excess over any other E
agreement. This endorsement shall not in- valid and collectible insurance available to the
crease the limits stated In Section III—LIMITS additional Insured whether primary, excess, con-
OF INSURANCE. Itingent or on any other basis unless a written
b) The Insurance provided to the additional in- contract or written agreement In effect during this
sured does not apply to "bodily injury", "prop- policy period and signed and executed by you
erty damage","personal injury" or"advertising prior to the loss for which coverage Is sought
injury" arising out of an architect's, engineer's specifically requires that this Insurance apply on a
or surveyor's rendering of or failure to render primary or non-contributory basis. When this in'
any professional services Including: surance is primary and there Is other insurance
1. The preparing, approving or failing to available to the additional Insured from any
prepare or approve maps, shop drawings, source, we will share with that other insurance by
opinions, reports, surveys, field orders, the method described In the policy,
change orders, or drawings and specifl- 5. As a condition of coverage, each additional
cations; and insured must.
Ill. Supervisory or inspection activities per- a.) Give us prompt written notice of any "occur-
formed as part of any related architectural rence"or offense which may result In a claim
or engineering activities. and prompt written notice of"suit".
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CG 02 46 10 02 Copyright,The Travelers Indemnity Company, 2002 Page 1 of 2
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COMMERCIAL GENERAL LIABILITY
b.) Immediately forward all legal papers to us, requirement,the term "Insures against" refers
cooperate In the investigation or settlement of to any self-insurance and to any insurer which
the claim or defense against the "suit," and Issued a policy of insurance that may provide ;
otherwise comply with policy conditions, coverage for the toss, regardless of whether
c.) Tender the defense and Indemnity of any the additional Insured has actually requested
claim or"suit' to any other insurer which also that the insurer provide the addltlonal insured
Insures against a loss we cover under this with a defense and/or Indemnity under that
endorsement. This includes, but is not limited policy of insurance i
to, any insurer which has Issued a policy of d.) Agree to make available any other Insurance
insurance In which the additional insured that the additional insured has for a loss we
qualifies as an Insured. For purposes of this cover under this endorsement.
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Page 2 of 2 Copyright,The Travelers Indemnity Company, 2002 CG D2 46 10 02
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COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO COVERAGE PLUS ENDORSEMENT
This endorsement modifles Insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorse- (d) Costs for extended warranties, Credit Life
ment, the provisions of the Coverage Form apply Insurance, Health, Accident or Disability
unless modified by the endorsement Insurance purchased with the loan or
A. PERSONAL EFFECTS COVERAGE lease; and
SECTION III — PHYSICAL DAMAGE COVER, (e) Carry-over balances from previous loans
AGE, A. Coverage, 4. Coverage Extensions Is or leases.
amended by adding the following; C. COVERAGE EXTENSION — AUDIO, VISUAL
Personal Effects Coverage AND DATA ELECTRONIC EQUIPMENT NOT
DESIGNED SOLELY FOR THE PRODUCTION
We will pay up to $400 for "loss" to wearing ap- OF SOUND
parel and other personal effects which are:
SECTION III — PHYSICAL DAMAGE COVER-
(1) owned by an "insured"; and AGE, B. Exclusions, exception paragraph a. to
(2) In or on your covered "auto"; exclusions 4,c & 4.d is deleted and replaced with
In the event of a total theft "loss" of your covered the following:
"auto". a. Equipment and accessories used with such
No deductibles apply to Personal Effects Cover- equipment, except tapes, records or discs,
age, provided such equipment is permanently in-
B. AU70 LOAN LEASE GAP COVERAGE stalled in the covered "auto" at the time of the
"loss" or is removable from a housing unit
SECTION III — PHYSICAL DAMAGE COVER- which is permanently Installed in the covered
AGE, A. Coverage, 4. Coverage Extensions is "auto" at the time of the "loss", and such
amended by adding the following: equipment Is designed to be solely operated
Auto Loan Lease Gap Coverage for Private by use of the power from the "auto's" electri-
cal system,In or u
Passenger Type Vehicles y � on the covered "auto"; or p
In the event of a total "loss" to a covered "auto" of D. WAIVER OF DEDUCTIBLE—GLASS
the private passenger type shown In the Schedule SECTION III — PHYSICAL DAMAGE COVER-
or Declarations for which Physical Damage Cov-, AGE, D. Deductible Is amended by adding the
erage is provided, we will pay any unpaid amount following:
due on the lease or loan for such covered "auto"less the following: No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
(1) The amount palA under the Physical Damage replaced.
Coverage Section of the policy for that "auto"; E. HIRED AUTO PHYSICAL DAMAGE COVER-
and AGE
(2) Any: SECTION III — PHYSICAL DAMAGE COVER-
(a) Overdue lease/loan payments at the time AGE, A. Coverage, 4. Coverage Extensions Is
of the "9oss"; amended by adding the following:
(b) Financial penalties Imposed under a Hired Auto Physical Damage Coverage Exten-
lease for excessive use, abnormal wear slon
and tear or high mileage; If hired "autos" are covered "autos" for Liability
(g) Security deposits not returned by the les- Coverage and this policy also provides Physical
sor; Damage Coverage for an owned "auto", then the
CA T4 20 07 06 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. A Page 1 of 2
Includes the copyrighted material of The St.Paul Travelers Companies,Inc, 1
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COMMERCIAL AUTO
,
Physical Damage Coverage is extended' 'to tent required of you by a written contract exe-
"autos"that you hire, rent or borrow subject to the cuted prior to any "accident" or"loss", pro-
following, vided that the "accident"or"loss" arises out of
(1) The most we will pay for"loss"in any one the operations contemplated by such con-
"accident" to a hired, rented or borrowed tract.The waiver applies only to the person or
"auto"is the lesser of: organization designated in such contract.
(a) $50,000; G, BLANKET ADDITIONAL INSURED
(b) The actual cash value of the dam- SECTION II— LIABILITY COVERAGE, part A. 1,
aged or stolen property as of the time Who Is An Insured, paragraph c, is amended by
of the "loss'; or adding the following:
(e) The cost of repairing or replacing the Any person or organization that you are required
damaged or stolen property with to include as an additional insured on this Cover-
other property of like kind and quality, age Form in a written contract or agreement that
(2) An adjustment for depreciation and is signed and executed by you before the "bodily
physical condition will be made In deter- injury" or"property damage" occurs and that is in
mining actual cash value in the event of a effect during the policy period Is an Insured for
total "loss". Liability Coverage, but only for damages to which
this Insurance applies and only to the extent that
(3) If a repair or replacement results In better person or organization qualifies as an "insured"
than like kind or quality, we will not pay under the Who Is An Insured provision contained t
for the amount of betterment. in Section Il.
(4) A deductible equal to the highest Physical H. EMPLOYEE HIRED AUTOS
Damage deductible applicable to any SECTION II -- LIABILITY COVERAGE, A. Cov-
owned covered"auto". I , erage, 1. Who Is An Insured is amended by add- ,
(5) This Coverage Extension does not apply ing the following: {
to: An "employee" of yours is an "insured" while op- f
(a) Any"auto"that Is hired, rented or bor- erating an "auto" hired or rented under a contract
rowed with a driver; or or agreement in that "employee's" name, with
your permission, while performing duties related
(b) Any auto that r hired, rented or bor- to the conduct of our business.
rowed from your"employee", y ,
F. BLANKET WAIVER OF SUBROGATION t• COVERAGE EXTENSION—TRAILERS
SECTION IV— BUSINESS AUTO CONDITIONS, SECTION I — COVERED AUTOS, C. Certain
A. Loss Conditions, 5. Transfer Of Rights Of Trailers, Mobile Equipment and Temporary
Recovery Against Others To Us Is deleted and Substitute Autos, paragraph 1. is deleted and h
replaced by the following: replaced by the following:
S. Transfer Of Rights Of Recovery Against 1. "Trailers" with a load capacity of 3,000
Others To Us pounds or less designed primarily for travel
on public roads.
We waive any right of recovery we may have
against any person or organization to the ex-
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Page 2 of 2 Includes the copyrighted material of Insurance Services Offlee, Inc. with Its permission. CA T4 20 07 06 E
Includes the copyrighted material of The St.Paul Travelers Companies, Inc
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REQUEST FOR MAYOR'S SIGNATURE
Z 400 a Please Fill in All Applicable Boxes
KENO This WAS HINGTON form must be printed on cherry paper
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator Mark Madfai Phone (Originator) 5521
Date Sent 1a/13/i( Date Required- 'aA)::'11I
Return Signed Document to. Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12
VENDOR NAME: Historical Research Associates Inc DATE OF COUNCIL APPROVAL: 12/14/10
Brief Explanation of Document.
The attached Amendment No 2 to the Green River Levee Certification agreement is necessary to extend the time of
completion to December 31, 2012 For an explanation why a time extension is necessary, see the attached from Mark
Madfai
All Contracts Must Be Routed Through the Law Department
(This Area to be Compieted By the Law Department)
Received:
Approval of Law Dept.: /
Law Dept. Comment . DC 13 Cutl
� �" LAW E
Date Forwarded to Mayor
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Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments
Disposition: i
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Date Returned: I
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