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HomeMy WebLinkAboutPW14-207 - Amendment - #1 - Environmental Science Associates - Critical Areas Ordinance - 06/19/2015 s ( Records\17 Kk* age ent KENT Document 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: Environmental Science Associates Vendor Number: JD Edwards Number Contract Number: g ,i - 1 O) 1 its:' -- This is assigned by City Clerk's Office Project Name: Critical Areas Ordinance Update Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 6/19/15 Termination Date: 7/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Todd Hunsdorfer 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 July 31, 2015. As of: 08/27/14 SCENT i AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Environmental Science Associates CONTRACT NAME & PROJECT NUMBER: Critical Areas Ordinance Update ORIGINAL AGREEMENT DATE: August 21, 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 July 31, 2015 because consultation is necessary during the final approval process for the Critical Areas Ordinance. 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, $45,200.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $45,200.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $45,200.00 AMENDMENT - 1 OF 2 Original Time for Completion 6/30/15 (insert date) Revised Time for Completion under NIA prior Amendments (insert date) Add'I Days Required (f) for this 31 calendar days Amendment Revised Time for Completion 7/31/15 (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. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: r f By:.-- By _(signature) l / / ;/ (si nature) Print Name- /ereSr �• V9rd@✓w. Print Name: Timothy J. LaPorte P.E. Its Its Public Works Director (title) itle) DATE: DATE: C f APPROVED AS TO FORM: (applicable if Mayor's signature required) '.... Kent Law Department ESA-Ltltcal Areas Ord Ame I/Hursdorfer AMENDMENT - 2 OF 2 / ® OATE IMM/DD/YYYYI A�® CERTIFICATE OF LIABILITY INSURANCE 1/6/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 'IRITIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES pOW. 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. cINI Valerie Porter-Browne PRODUCER NAAME: _ Woodruff-Sawyer&Co. PHONE y ALC,Na,�Yn.415-El -2141 A//c,NA) 415-989-9923 _ 50 California Street, Floor 12 E MAIL v orter-browne wsandeo.com _ Francisco CA 94111 URES=•.Vporter-browne@wsandeo.com Francs INSBRER(S)AFFORDING COVERAGE NAICM _ INSURERA:Greenwichlnsurance Company _ 22322 _ INSURED ENVISCl-01 INsuREgB:XL Specialty Insurance Company _ 37885 Environmental Science Associates INSURERC: 550 Kearny Street, Ste 800 INSURERD: San Francisco CA 94108 -- - INSURERE: INSURER P COVERAGES CERTIFICATE NUMBER: 1599679615 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. _ T MOTBk - POLICY EFF POLICY EXP ILTR TYPE OF INSURANCE INSD MD POLICY NUMBER MMIUDIYYYY MMIDDIVYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y GECO01336712 1/1/2D15 1/1/2016 EACH OCCURRENCE $1,000,000 DA AGE TORENTED CLAIMS-MADE ❑OCCUR REMISES Ea occurrence $1,000-000 X XContractua_l Llab _. MED EXP(Any one person) $10,00f0 Stop Gap PERSONAL&ADVINJURY $1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000.000 _ POLICY X PRO' ❑ LOC PRODUCTS-COMPIOP ASS $2,000,000 JECT - X OTHER: No Deductible $ ,UTOMOBILE LIABILITY Y AECO01336512 1/1/2016 1!1/2016 _Es accident $1,000,000 X ANY AUTO BODILY INJURY(Par person) s AUT OWNED AUTODULED BODILY INJURY(Per accidents $ NON-ONMED PROPERTY DAMAGE $ X HIREDAUTOS X pUT0a Peracdclent IX No[)ad, $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ g WORKERS COMPENSATION WEC001337412 /1l2015 to/2016 X PFR R OTH- AND EMPLOYERS'LIABILITY STATUTE E j YIN E.L.EACH ACCIDENT E1,000,00_0 ANYPROPRIETORIPARTNERIEXECUTIVE ❑ NIA OFFICE(Mandatory in N R F.%CLUDED9 (Mantletpry In NH) E.L.DISEASE-CA EMPLOYEE E1,000,000 i Ifyes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below A Professional Liability PE0001336812 /1/2015 1/1/2016 Each Occurrence: $1,000,000 Cov.A,Claims Made Aggregate: $2,000,000 BOLD Dale:10/1/89 Retention: $100,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES tACORD 101,Additional Remarks Schedule,may be attached if mom space Ie required) D140486.00; City of Kent 2014 CAO Update. City of Kent is named additional insured on GL and Auto coverages per endorsements XIL 2010 07 04(ED. 0413),XIL 2037 07 03 (ED. 0413)and XIC 411 1007 attached. Coverage is primary and non-contributory per endorsement XIL 424 06 05 attached. Separation of Insureds is Included in the policy contract. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. I ' 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. 220 Fourth Avenue South I Kent WA 98032 AUTHORIZED REPRESENTATIVE LTalfiii� G�;2)- �rn�J ©1988-2014 ACORD CORPORATION. All rights reserved. III ACORD 26(2014101) .The ACORD name and logo are registered marks of ACORD ENDORSEMENT#007 This endorsement, effective 12:01 a.m., January 1, 2015 forms a part of Policy No. GECO01336712 issued to ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS— j SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location(s)Of Covered Operations Persons Or OY anlzatlon s ; ANY PERSON OR ORGANIZATIONTHAT YOU Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. j I i Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person($) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. i� B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply. 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 location of the covered operations has been completed; or XIL 2010-0704 (Ed. 0413) ©2013, XL America, Inc. Page 1 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission 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 of this policy remain unchanged. (I I lei XIL 2010-0704(Ed. 0413) ©2013, XL America, Inc. Page 2 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission li POLICYNUMBER: AECO01336512 XI04111007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: 6USINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM A. LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an addilionai insured, but only for "bodily Injury" or"property damage" otherwise covered under this Policy caused, in whole or in part, by the negligent acts or omissions of: 1. You,while using a covered"auto';or 2, Any other person, except the additional insured or any employee or agent of the additional li insured,operating a covered "auto" with your permission; Provided that: a. The written contract is in effect during the policy period of this Policy; b. The written contract was signed by you and executed prior to the 'accident" causing "bodily Injury" or'property damage"forwheh liability coverage is sought; and c. such person or organization 1s an"Insured"solely to the extent required by the contract, but in no event if such person or organization is solely negligent. 9. The Limits of Insurance provided forthe Additional Insured shall not be greater than those requlred by contract and, in no avant shall the Limits of Insurance set forth in this Policy be Increased by the contract. C. General Conditions,Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this Policy be primary. All terms, conditions, exclusions and limitations of this Policy shall apply to the liability coverage provided to any additional Insured, and In no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. (Authorized Represented XIC 411 1007 ®2007, XL America, Inc, Page 1 of 1 Includes copyrighted materlal of Ireurance elfieo,rnc.,with ire pemnlsslan. __-__.. ..._..__.._.... ENDORSEMENT#005 This endorsement, effective 12:01 a.m., January 1, 2015 forms a part of Policy No. GE0001336712 issued to ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location And Description Of Completed Operations Persons Or Or anizatten s : ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE"BODILY INJURY" OR "PROPERTY DAMAGE"OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACTOR WRITTEN AGREEMENT. informat ion required to complete this Schedule if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part, by "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 of this policy remain unchanged. XIL 2037-0703 (Ed. 0413) ©2013, XL America, Inc. Page 1 of 1 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission ENDORSEMENT#006 This endorsement, effective 12:01 a.m. 1/1/2015 forms a part of Policy No. GEC001336712`sued to ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It Is agreed that to the extent that insurance is afforded to any Additional Insured under this policy,this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. i All other terms and conditions of this policy remain unchanged. j i i I XIL 424 0605 ©, 2005, XL America, Inc. SPAT 01/11/2013