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HomeMy WebLinkAboutPW11-352 - Amendment - Amendment #1 - URS Corporation - Upper Mill Creek Dam Improvements - 12/16/2013 ( I 'k Records Man- eimett KENT Document WASHINGTON J X { ri f, . 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: URS Corporation I Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Upper Mill Creek Dam Improvements Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: A Gn NOl i Contract Effective Date: Date o the Mayor's signature Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31�2014 because the project is still in the design phase. S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KE O T w,= o AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: URS Corporation CONTRACT NAME & PROJECT NUMBER: Upper Mill Creek Dam ORIGINAL AGREEMENT DATE: December 15, 2011 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: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2014 because the project is still in the design phase. 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, $310,619.36 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $310,619.36 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $310,619.36 I I AMENDMENT - 1 OF 2 Original Time for Completion 12/31/13 (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 12/31/14 (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 i r By: � � � �` By � � (signature) � (�i nature i Print Name: Print Nz Suzette Cooke Its Vt Its-'' Moor (title) �(h le) DATE: 4 iG ? DATE: ✓ k APPROVED AS TO FORM: (applicable If/�1ayor's signa are rewired) jf I Kent Law Department Uk5-Upper Mill C,k Dam MA f/HMI.,k AMENDMENT - 2 OF 2 Ps2ronru(x BMW o DATEIMMIDOnYYY) AcIll CERTIFICATE OF LIABILITY INSURANCE 08/31/20=3 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 L4v BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED O REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ra IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED,the policy(les)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 endorsement(s). 1-000-000-0000 CONTACT PRODUCER NAME,_ FAX -- - ---- h -- Marsh Risk and insurance Services PHONE No Extl_888 7_6.9-3073 > E-MAIL I. z 345 California Street ADDaE35 _ Suite 1300 INSURER(S)AFFORDING COVERAGE NAIC_IT INSU San Francisco, CA 94104 RER A:_NATIONAL ONION FIRE INS CO OF PITTS 19445 —_ _--- ---- - _.__ ---.— 16535 INSURED INSURERB;_ZURICH AMER INS CO ORB Corporation INSURERC: SEE ATTACHED 1501 Fourth Avenue, Suite 1400 INSURER[): Lloyds Of London & British.Companies _INSURERS; LEXINGTON INS CO _ 19437. _ Seattle, WA 98101-3655 INSURER F: COVERAGES -CERTIFICATE_NUMBER: 35545766 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 __- --- --' - -"-- ---ADD L BOBS PMIDDNYFF POLICY EXP NISH TYPE OF INSURANCE POLICY NUMBER MMNDD'YYY MMIDDANYY LIMITS LIE A GENERAL LIABILITY GG 5142592 09/Ol/13, 09/01/14 EACH OCCURRENCE - ga 000,000 _ OAMAGE TO STEa RENTED 1 000 000 X COMMERCIAL GENERAL LIABILITY PREMISE$1Ea oc ae me)— $ :. HED FXP(My one person §10 000 CLAIMS MADE f OCCUR 2 000 000 X XCU, EFP➢ PERSONAL B ADV INJURY $ X Contractual Liability GENERALAGGREGAIE__ 8- 000 000 IX PRP — 2,Q00,000 GENE AGGREGATE LIMIT APPLIES PER: PRODUCTS COMPIOPAG_G_ $ _0,00 — $ POLICY - LOP BAP938521509 09/Ul/13, 09/Ol/ 4 CEa.,PEDI31NGLE LIMIT 2 D00,000 AUTOMOBILE LIABILITY 11 ) -- OO ---- BODILY INJURY person) $ X- �_ . ANYAUTO ALLOWNED -�eCHEDULED BODILY INJURY(PU—;dent) $ AUTOS AUTOS 'PROPERTY DAMAGE g - -- T- NON OWNED (Per accident) _ HIREDAUTOS _AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE JI$ I - EXCESS LIAR _ CLAUAS_MM1_D_E AGGREGATE----- -- -- DED RETENTIONS $ 01/01/14 X WC STATU OTH C WORKERS COMPENSATION ',, SEE ATTACHED 01/01/1 -TORY LIMIT$ _',.ER_ -— -- AND EMPLOYERS'LIABILITY YIN EL EACHACCIDENT $2 000,000 _ ANY PROPRIETORIPARTNER/EXECUTNE --- "---- OFFICER/MEMBER EXCLUOED4 NIA F.L.DISEASE EA EMPL_OYE $ 2 000,000 (Mandatory In NH) -- _ I 2,000,000 II desalbe under E.L.DISEASE-POLICY LIMIT',$ DESCRIPTION OF OPERATIONS below 09/OS/1 09/Ol/14 D ClaimeMadO RetrO 11-17-36 PP1307135 E Prof Liab w/Lmtd Contract 015438000 09/O1/1 09/O1/14 Each Claim / Agg 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IAUadI ADORO J%,AJUlflanal Remarks Schetlule,Ifmme space is regNred) City of Kent Upper Mill Creek Dam Im➢rovementa. The City of Kent is included as Additional Insured as respects the General Liability and Anto Liability policies, where required by written contract. Such insurance shall be primary insurance with respects to the interest of the additional insureds and any other insurance maintained by the additional insured shall be excess and not contributing with the insurance required hereunder. Severability of Interest applies where required by written contract. CERTIFICATE HOLDER CANCELLATION III SHOULD ANY OFTHE ABOVE DESCRIBE[)POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Public works Department Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent, vrn 98032 USA � ©7080-2010 ACORD CORPORATION. All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD NarshRenewal 35545766 TE SUPPLEMENT TO CERTIFICATE OF INSU 08/DA RAfVC /2013 NAME OF INSURED: NRS cor poration 0 O N Addilional Description of Operafi ns/Remarks from Page 1: This page intentionally left blank - e rz� W rAdditional Information' kers' Compensation coverage shown does not apply in monopolistic states.States of ND, OH, WA and WY Workers, Compensation coverage is provided by the State Funde States, the below-referenced policies provide Stop-Gap Employers• Liability only. Compensation policies apply as indicated below:' National Union Fire Ins Cc Pittsburgh, PA (NAICf) 19445100): 4TO 035896656 - CA I Insurance Company Of The State Of PA (NAIL$ 19429100): WC 035896661 - NA, WI (Stop Gap - ND, oli, WA, W ) WC 035896662 - AK, 'AL, AR, AZ, CO, DM, GA, ID, KS, KY, MD, ME, 340, MS, MT, NC, NH, N14, NV, OX, OR, PA, RI, SC, SO, TN, UT, VA, VT, WV WC 03589665E - MN We 035896659 - Sy Illinois National Ins Cc (NAIC1f 23817001): WC 035896657 - FL WC 035896663 - CT, DC, HI, IA, IL, IN, LA, MI, NG, NJ WC 035896660 - TX i SUPP(05/04) - _ — r:mwiaiwz n s w THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. o M This endorsement, effective 12:01 A.M. 09l01n3 forms a part of Policy No. GL 5142592 Issued t0 ORS corporation by NATIONAL ONION PIHB INS ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: I COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: Please see attached certificate of insurance description of operations section for specific contract, location, or other details. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: Please see attached certificate of insurance description of operations section for specific contract, location, or other details. ADDITIONAL PREMIUM: (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) SECTION II -WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". All other terms and conditions remain unchanged. i Authorized Representative � 97837(4/08) Includes copyrighted material of Insurance Services office, Inc., with its permission. vszccuzxuoz t ENDORSEMENT# o 0 This endorsement, effective 12:01 A.M.oerol/13 forms a part of Policy No,or, 5142s92 issued to no Corporation by awioN" UNioN rim, INS Co or w THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: Please see attached certificate of insurance description of operations section for specific contract, location, or other details. (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A. SECTION II-WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that additional Insured. B. With respect to the insurance afforded to these additional insureds, SECTION I - COVERAGES, COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury...or "property 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 site of the covered operations has been completed; or, (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. All other terms and conditions remain unchanged, Authorized Representative I 97838(4/08) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. I I rszeauea¢ i POLICY NUMBER: BAP938521504 COMMERCIAL AUTO CA 20 48 02 99 n THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ° I DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 09/01./33 Countersigned By: Named Insured: ms corporation Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. i This endorsement is executed by the company designated below: i i Effective date 09i01i13 Expiration date o9ioin4 Issued to: URS corporation CA 983 (2-99) CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 rslcuuaaunz II s g � II v Insurer Cancellation Terms o 0 Named Insured: Policy No. no Corporation Various > I z - w IIolder Name:city of Kent Public works Department Cancellation Terms: 30 Days Notice of Cancellation will be provided by the carriers in accordance with the policy terms and conditions in the event the policies are canceled or non-renewed,for any reason other than non-payment of premiums. Cancellation Terms Apply to the following coverages: General Liability Auto Liability Workers Compensation Professional Liability i I i KENT W n51iI Agenda Item: Consent Calendar - 7L 1�G'ON TO: City Council DATE: December 13, 2011 SUBJECT: URS Corporation Contract, Upper Mill Creek Dam Improvements - Authorize MOTION: Authorize the Mayor to sign a contract with URS Corporation in an amount not to exceed $310,620 for the Upper Mill Creek Dam Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Upper Mill Creek Dam Improvements Project involves raising the existing dam, located east of 104th Avenue SE, near SE 267th Street. Raising the dam will allow the City to store more water and reduce downstream flooding. The project also includes replacing the existing outlet pipes and gates, constructing a new emergency spillway, raising the south maintenance access road and mitigating for wetland impacts around the perimeter of the reservoir. The project also includes replacing the existing diversion structure, installing a fish passable weir and adding streambed gravel in Upper Mill Creek between the structure and 104`h Avenue SE. The benefits of this project are to upgrade the dam, improve downstream flood protection, divert additional flow to the dam reservoir, and restore fish passage to upstream sections of Upper Mill Creek. EXHIBITS: Scope of Work i RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City has budgeted for this project in the storm drainage fund. REQUEST FOR MAYOR'S SIGNATURE T Please Fill in All Applicable B es 4/�aReviewed by Director Originator's Name: Toby Hallock Dept/Div. Engineering/environmental Extension: _ 5536 Date Sent: i i/i,)/'3 _. _ Date Required: Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: URS Corporation DATE OF COUNCIL APPROVAL: 12/13/11 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 1 is necessary to extend the time for completion to December 31, 2014 for the Upper Mill Creek Dam Improvements Project s®o-'UT�S--can assist in finalizing the project design. All Contracts Must Be Routed Through The Law Department { (This area to be completed by the Law Department) Received: Approval of Law Dept Law Dept. Comments. ,..., . . YtI�" Date Forwarded to Mayor: i ,g a o7.=;. Shaded Areas To Be Completed By Administration Staff CEEIVED Received E Recommendations and Comments: ' g / CITY OF Kt,NT Disposition: CITY CLEFi!{ L Date Returned: