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HomeMy WebLinkAboutPW15-200 - Amendment - #1 - BergerABAM - S 224th St Overcrossing of SR167 - 08/20/2015 r• Records Man e sent , KE1VT Document W gSHINOTON 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: BergerABAM Vendor Number: JD Edwards Number Contract Number: 0 - 0 This is assigned by City Clerk's Office s Project Name: S. 2241h Street Value Engineering Study _ Description: ❑ Interlocal Agreement ❑ Change Order M Amendment ❑ Contract ❑ Other: Contract Effective Date: 8/20/15 Termination Date,: 12/31/15 I Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Garrett Inouye Department: Engineering Contract Amount: $884.49 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council . Detail: (i.e. address, location, parcel number, tax id, etc.): Participate in a follow-up value engineering study to evaluate implementation of the design recommendation from the original study. As of: 08/27/14 i DENT AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: BergerABAM CONTRACT NAME & PROJECT NUMBER: S. 224`h Street Value Engineering Study ORIGINAL AGREEMENT DATE: June 2, 2015 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: A follow-up Value Engineering (VE) Study is needed to evaluate implementation of the design recommendation from the original VE Study. 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, $7,960.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $7,960.00 including all previous amendments Current Amendment Sum $884.49 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $8,844.49 AMENDMENT - I OF 2 Original Time for Completion 8/34/15 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (f) for this 122 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. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: (signature) rgnature) Print Name: Avee"'Z%- L, /%?AJ,1 alrJrS Print Name: Timothy J. LaPorte P.E. Its G'/ Its Public Works Director ' -(title) 2 (ti DATE: 1/7 DATE: / AI i) z2/> APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department 5e,,,AbAM-22,"VE Amtl 1/Inouye AMENDMENT - 2 OF 2 i EXHIBIT A Consultant Pee Determinatlon City of Kent-Value Engineering, 224th Over SR 167 DIRECT SALARY COSTS DSC Personn Hours Rate Cost I 1 Project Executive 0 X $ 64.19 = $ - 2 Project Manager(Chuck Spr 4 X $ 7161 = $ 204.4+ 3 Project Engineer 0 X $ 62.64 = $ - 4 Structural Engineer 0 X $ - = $ - 5 Civil En,gineor 0 X $ - _ $ 6 Designer/CAD Oper 0 X $ - < $ 12 Graphics 0 X $ - _ $ - 12 Project Coot./Admin 0 _ X $ _ $ Total Hours Q Subtotal Direct SaIr ry Costs (DSC)= - Salary Escalation (SE)= 0% $ - Subtotal(DSC•p SE)_ $ 2g4.44 overhead(OH)= 108.21% $ 4qS, ZS Subtotal(QSC+SE+OH)= $ Foe= 12% i TOTAL SALARY COSTS(DSC+SE+OH+Fee)= $ �844CI DIRECT NONSALARY COSTS(DNSC) Mileage Deelgn Team miles 0 $ 0,560 $ - Expendables(photographs,equip rental,etc) 0 Estimate Q 1000 $ Mileage Survey Team miles @ $ 0,560 $ Survey Expanses $ TOTAL REIMBURSAELE EXPENSES(DNSC)_- $ 'T SUBTOTAL PorgerABAM = $ SUBCONSULTANTS - $ $ SUBTOTAL SUECONSULTANTS= $ �T TOTAL AUTHORIZED AMOUNT= $ MANAGEMENT RESERVE _ $ TOTAL.CONTRACT AMOUNT= $ .,�..�� ACORO CERTIFICATE OF LIABILITY INSURANCE Dn e(MMroon ) 7/6/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES .LOW. 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(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 endorsements . PRODUCER CONTACT NAME: _ Servco Pacific Insurance _(A1CO,Nq,F,;:206-216' a/c No 206-260-2 1100 Dexter Ave. N. E-MAIL Ste 220 ADDRESsrceddeplas _ry opacific com _ Seattle WA 98109 IN SURERsI AFFORDING COVERAGE_ _ NAIC N INSURER A:The Travelers Indemnity Cc of Conne___._. 25682 INSURED 694 INSURER B:Ta Velers lndemmtyy Company _..___.5658 BergerABAM Inc. INSURER C: ray Casualty Com any___.._ 56 4 33301 Ninth Avenue South INSURER D:Lexington Insurance Company 19437 Suite 300 Federal Way WA 98003 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1068906752 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 ADDL SUER POLICY EFF POLICY EXP LTft TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD/YYYV MM/DD/YYYY LIMITS A GENERAL LIABILITY Y 6807B921034 711/2016 711/2016 EACH OCCURRENCE $1,000,000 DAGE X COMMERCIAL GENERAL LIABILITY PREMSES Ea occurrence $1100OXID _..CLAIMS-MADE 71-7 OCCUR MED EXP(Any one parson) $10,000 PERSONAL S ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2,000,000 POLICY X PRO- LOC .5 L ,UTOMOBILE LIABILITY Y BA82691`109 7/1/2015 7/1/2016 Be accident $1000000 X ANY AUTO BODILY INJURY(Perperson) $ ALL OWNED SCHECULED BODILY INJURY(Per �HRTO AUTOS X AUTOOWNE❑ PfROPc Oen DAMAGEaccidenq $ - -� -- C X (UMBRELLA LIAR X OCCVR ZUP-41M04173-15-NF 7/112015 7/112016 EACH OCCURRENCE 51,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $1,000,000 DED X RET 1019$10 DOD $ WORKERS COMPENSATION WC STATU- On AND EMPLOYERS'LIABILITY YIN T ER ---"---- ANY PROPRIETOR/EXCLUDED? NIA EL EACH ACCIDENT $OFF (M.Lrtory1. ER EXCLUDED9 -- (Mandatory In NH) EL DISEASE-G EMPLOYEE 8 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Pmfesslonal Liability 013001562 7/1/2015 7/112016 Per Claim $1,000,0DD Aggregate $1,000,000 Deductible $225.000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD tei,Additional Remarks Schedule,if more space Is required/ Re: Value Engineering Study for the South 224th Street Overcrossing of SR 167. City of Kent Engineering is included as Additional Insured on General Liability and Automobile Liability Policies per the attached endorsements and Umbrella Liability Policy. General Liability and Automobile Liability Policies are primary and non-contributory per the attached endorsement. 30 days Notice of Cancellation applies. 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 Engineering ACCORDANCE WITH THE POLICY PROVISIONS, Attn: Nancy Yoshitake 400 West GOWe AUTHORIZED REPRESENTATIVE Kent,WA 98032 A� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010105) The ACORD name and logo are registered marks Of ACORD e808264P255 COMMERICAL 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 A. The following is added to WHO IS AN INSURED INSURANCE (Section Ill) for this Coverage (Section Ily 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 citide. as an additional Insured on this Coverage LIABILITY CONDITIONS (Section 1V): 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- slons 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- b. In connection with premises owned by or tional insured as a named insured,and we will not rented to you;or share with the other Insurance, provided that: . 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; 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- son or organization has assumed liability In a con- ante 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 Is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other Insurance. any person or organization for which cover- C- The following is added to Paragraph 8. Transfer age as on additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- 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 sorvices", payments we make for "bodily injury', "property f. The limits of Insurance afforded to the add!- damage" or"personal injury' arising out of"your tonal Insured shall be the limits which you work" performed by you, or on your behalf, under agreed In that "contract or agreement requir- a "contractor agreement requiring insurance"with ing Insurance" to provide for that additional that person or organization. We waive these Insured, or the limits shown In the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part ofthe"contract or agreement requiring insur- less, This endorsement does not Increase the ante" with such person or organization entered k limits of insurance stated In the LIMITS OF Into by.you before, and In effect when,the"bodily CO D3 8109 07 02007 The Travelers Companies,Inc, Page 1 of 2 � Includes the copyrighted material of Insurance Services Office,Inc.,with Its permission. oos7se r: COMMERICAL 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.ls 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. li Page 2 of 2 ©2007 The Travelers dompanles,Ina CG D3 01 09 07 Includes the copyrighted material of Insurenoe services Office,Ina.,with Its permission. r I COMMERCIAL AUTO 2, The following replaces Paragraph b, in B,S., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b, For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent or borrow from ered"autos"you own: any of your "employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, liability company) or members of their house- rent or borrow;and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. (i) You must arrange to defend the "in- However, any"auto" that is leased, hired, sured"against, and investigate or set- rented or borrowed with a driver is not a tle any such claim or "suit" and keep covered"auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1., Who Is (II) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV. "insured" will make any settlement ERAGE: without our consent. Any "employee" of yours is an "insured" while us- (iii) We may, at our discretion, participate ing a covered "auto"you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit". LIMITS (iv)We will reimburse the "insured" for 1. The following replaces Paragraph A.2,a,(2), sums that the "insured" legally must of SECTION II —LIABILITY COVERAGE: pay as damages because of "bodily injury" or"property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds. TION II—LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION ll—LIABILITYCOVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tlon of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included P. HIRED AUTO — LIMITED WORLDWIDE COV- within the limit described in Para- ERAGE —INDEMNITY BASIS graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B.7,, Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI. ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 ©2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance services Office, Inc,with Its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- S. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed plior to any "accident' ever this provision does not affect our right to col- or"loss", provided that the"accident' or"loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. i I I I r Page 4 of 4 ©2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted materiel of Insurance Services Offlce, Inc.vrith its permission. I