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HomeMy WebLinkAboutPW14-140 - Amendment - #1 - Tierra Right of Way Services - Lower and Lowest Russell Road Levee - Relocation Planning and Assistance I T. r Ke 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: Tierra Right of Way Services, Ltd. Vendor Number: JD Edwards Number I Contract Number: CIA/ ys' r CJ�J This is assigned by City Clerk's Office Project Name: Lower and Lowest Russell Road Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: i Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/15 Contract Renewal Notice (Days): I Number of days required notice for termination or renewal or amendment Contract Manager: Ingrid Willms-Dixon Department: Engineering Contract Amount: Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31 2015 because because relocation work is in progress. i As of: 08/27/14 KET WASH IN�TJN AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Tierra Right of Way Services, Ltd. CONTRACT NAME & PROJECT NUMBER: Lower and Lowest Russell Road Levee ORIGINAL AGREEMENT DATE: June 5, 2014 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, 2015 because relocation work is in progress. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: j Original Contract Sum, $36,450.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $36,450.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $36,450.00 AMENDMENT - 1 OF 2 I Original Time for Completion 12/31/14 (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 12/31/15 (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. i IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: Ji By: 't By (sfg tur i j (signature) l J Print Name: kC ( tc*C t7 r. Print //vino: Suzette Cooke Its Lrr. [ ril-, i r i- its- Mayor Mayor (ti Je) , (title) DATE: fZ-�iS� DATE: APPROVED AS TO FORM: (applicable if Mayoj:'s,stignature- qqu re , j T1t fl l t J1Z 'Kent Law D6p6rtrne6t .................... Tierra Rlght of Way-LL Russell Rd Amd I(Wllltfns-Dixon AMENDMENT - 2 OF 2 i -,•..�� TIERR4 OP ID:JC CERTIFICATE OF LIABILITY INSURANCE DA07/07/2014TE(uhrumen I 07147/2014 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 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 ondorsement(s), PRODUCER IOINAMEACT Larry Stuckey CPCU CLU _ '... Stuckey Ins&Assoc Agencies PHONE Fax 642-279.9336 5343 N.16th Street,Suite 110 AIC Na,,Wt,602-264.5533 Arc No: Phoenix,AZ 85016 E-MAIL Scott Schmidt ADDRESS: INSURER(S)AFFORDING COVERAGE NAICH IN$URERA;Phoenix Insurance Company 26623 INSURED Tierra Right of Way Services, INSURER B:Travelers Prop Cas of America 25674 1575 E.River Rd.#201 INSURERC:Travelers Indemnity Company 25668 Tucson,AZ 85718.5831 - INSURER D:Travelers Indemnity Co of CT 25682 INSURER E:XL Specialty Ins 37885 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 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. kNSR WPEOFINSURANCE POLICYNUMBER MM1DDYIYEYri MMIDDrYV�'YY LIMITS R GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIALGENERALUASILITY X 6804632L470 07/10/2014 07/10/2015 REMISES Eange nce , 300,000 CLAIMS-MADE �OCCUR MEO E%P An one person) S 5,000 j X Contract Liab PERSONAL B ADV INJURY S 1,000,000 GENERALAGGREGATE S 2,000,000 GEN1 AGGREGATELIMITAPPLIEG PER: PRODUCTS-COMPADPAGG $ 2,000,000 POLICY X PRO- LOC AUTOMOBILE LIABILITY EaavUdentSINGLE LIMIT $ 11000,000 g X ANY AUTO X BA63SOL303 07/10/2014 07/10/2015 BODILY INJURY(Perpenum) $ AVTOS�EO SCHEDULED eODILY INJURY(Per..Kmrd) S HIRED AUTOS AUTOS NON-OWNED PER ACCIDENT) $ _ S NaDEDXER:ETENTIO X OCCUR EACH OCCURRENCE $ 5,000,000 C CLAIMS-MADE CUP7180YO34 07MO12014 07/10/2015 AGGREGATE s 6,000,000 NS 10000 S WORKERS COMPENSATION X TO ETATU- OER- AND EMPLOYERS'LIABILITY C ANY PROPRIETORIPARTNEWEXECUTNE YlN NIA U69213Y764 AZ NM 07/10/2014 0711012015 E.L.EACH ACCIDENT S 1,000,000 (Man--OFFICE rV In NER H)EXCLUDED4 ❑N UB9213YS64 NV E.L.DISEASE-EA EMPLOYE $ 1,000,000 (Manila RIME NH) UDEse,deecrim Under SCRIPTIONOFOPERATIONSbecst E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Professional Liab DPR9717281 07110/2014 07/10/2015 Per Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES(AHach ADOPT 101,Additional Remarks Schedule,if more space Is required) Professional Liability - Claims Made - Retro Date 5/11/98 City of Kent is included as additional insured as per written contract as respects to general (CGD3810907)and auto liability (CAT4370808) on a primary and non contributory basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS, 400 West Gowe Kent,WA 96432 AUTHORIZED REPRESENTATIVE j ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 6804832L470 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 A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): _Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to In- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS(Section IV): Part, but only with respect to liability for "bodily in- However, If you specifically agree in a "contract or jury", "property damage" or "personal Injury" agreement requiring insurance" that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis, this Insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional Insured which *covers such addi- tional Insured as a named insured, and we will not share with the other Insurance, provided that: rented to you; or C. In connection with "your work" and included (1)The"bodily injury" or"property damage"for within the "products-completed operations which coverage Is sought occurs; and hazard". (2)The "personal injury"for which coverage Is Such person or organization does not qualify as sought arises out of an offense committed; m an additional insured for "bodily injury", "property after you have entered into that "contract or — damage" or "personal injury" for which that per- agreement requiring insurance". But this Insur- m son or organization has assumed liability In a con- ance still Is excess over valid and collectible other _ tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the Insured when the insured is an additional Insured under o is limited as follows: any other insurance. d. This insurance does not apply on any basis to any person or organization for which cover- C. The following is added to Paragraph 8. Transfer =_ n Rights Of Recovery Against Others COMMERCIAL GENERAL LIABILITY To Us age as an additional insured specifically is I COW added by another endorsement to this Cover N- °� age Part. DITIONS (Section IV): e. This Insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily Injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requlr- a "contract or agreement requiring Insurance" with ing Insurance" to provide for that additional that person he organization. We waive these insured or the limits shown in the Declara- rights only where you have agreed ui do in as tions for this Coverage Part whichever are part of the "contract or agreement requiring insur less. This endorsement does not increase the ante"-with" such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when,the "bodily CG D3 8109 07 ©2007 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY injury" or"property damage" occurs, or the"per- erage Part, provided that the "bodily injury" and sonal injury" offense is committed. "property damage" occurs, and the "personal in- D.The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you-are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. O 2007 The Travelers Companies,Inc. CG D3 8109 07 Page 2 of 2©2007 The Travelers Companies,Inc. CG D3 8109 07 I-A,.I--«1- .......1..1.4..A of Tn ­ Ce droc nW.— Tn ­;fk ii ncm+ic ;; CA T4 37 08 08 BA63991-303 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO 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 the endorsement. The following is added to the Section II—Liability Coverage, Paragraph A.I.Who Is An Insured Provision: Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or"property damage" occurs and that is in effect during the policy period is an"insured"for 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 IL I i i CA T4 37 08 08 - ---- — - -- Pdv v I Privac Legal Notices @2008 The Travelers Companies,Inc.