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HomeMy WebLinkAboutPW14-122 - Amendment - #3 - PACE Engineers, Inc. - Green River Natural Resources Area Pump - 01/09/2014 a=« snag Records nt : KENT Document$¢ WTSHINGT ON - J 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: PACE Engineers Inc. Vendor Number: JD Edwards Number Contract Number: I' This is assigned by City Clerk's Office Project Name: Green River Natural Resources Area Pump Statoin Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/22/15 Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Garrett Inouye Department: Engineering Contract Amount: $0.00 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, 2016 because the project has been delayed in permitting. As of: 08/27/14 KENT AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: PACE Engineers, Inc. CONTRACT NAME & PROJECT NUMBER: Green River Natural Resources Area Pump Station ORIGINAL AGREEMENT DATE: January 9, 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, 2016 because the project has been delayed in permitting. 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, $161,622.00 including applicable WSST Net Change by Previous Amendments $11,518.00 including applicable WSST Current Contract Amount $173,140.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $173,140.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/14 (insert date) Revised Time for Completion under 12/31/15 prior Amendments (insert date) Add'I Days Required (t) for this 366 calendar days Amendment Revised Time for Completion 12/31/16 (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 J By. B(signature) b (signature) Print Name: Ke: lAziz H. Niit-S Print Name: Timothy J. LaPorte, P.E. Its cp ra Its Public Works Director (title) /. (title) DATE: d L2 DATE:_T =^ ;Z f APPROVED AS TO FORM: (applicable if Mayor's signature required) , Kent Law Department PACE-GRNM PS Amd 3/Madfal AMENDMENT - 2 OF 2 6' CERTIFICATE ®F LIABILITY INSURANCE DATE LMMIDD/YYYY) ..--.AGGRO 4/15/2015 ' �i 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, coNTA T PRODUCER NAME: _e I Hall&Company AweMichael J Hall&Company No_ Hall&Company AffloAal E$$: a g4mpany.com 19660 1 Oth Ave NE POulsbo WA 98370 _ INSURER($)A FFOROING COVERAO E NAIC# ._ INSURERA: _ eClallty ln$uran a •OmDT .. INSURED 42 INSURER B:ThQ ChaderQ kPlf ❑ Iran e4Irmo PACE Engineers Inc INSURER C; e Travelers Indem ' 66 11255 Kirkland Way wsuRERD;The Travelers Indemnity_Comoanv Suite 300 suRERE, Kirkland WA 98033 - INmSURERF: COVERAGES CERTIFICATE NUMBER:1973506151 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A00VE 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,LIMIT S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPEOFINSURANC DDL SUER POLICYEFF POLICYEXP LIMITS E IN$ VO PDLICYNUMBER MMIDD MWUDIYYYY C GENERALLIAEILITY 6607B937695 /27/2016 /27/2016 EACHOCCURRENCE $2000,000 X COMMERCIAL GENERAL LIABILITY PREMISES E ocw�nce - $300000 CLAIMS-MADE [XI OCCUR MED EXP(Any one arson) $5.000 X XCU/OCP/BFPD PERSONAL&ADV INJURY $2000000 X Gross Lleblllly GENERAL AGGREGATE $4000000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTB-COtfPlOP AGG $4,000 000 POLICY X]PRO- LOC E i� MMBINEUSINULELIMII AUTOMOBILE LIABILITY BA713941924 l27/2015 IF2712016 E_a_acGdent 1 000 000 X ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEOULED BODILY INJURY(Par accident) $ AUTOS AUTOS PROPERTY DAMAGE HIRED AUTOS AIOTN�OVUNED - Per accldent� $ $ D X UMBRELLA LIAa X OCCUR OUP73960268 412712015 /27/2016 EACH OCCURRENCE _ $3,000,000 E%CES$LIgB CLAIMS-MADE i AGGREGATE $3,000,000 DED X RETEMION$10,000 $ 0 WORKERS COMPENSATION 66078937695 127/2015 /27l2016 ICRSTLIM ATD- X OTH-VIA Stop Gap AND EMPLOYERS'LIABILITY ANY PROPRIETCRIPARTNERIEXECUTIVE Y/�N E.L.EACH ACCIDENT ._ $1,000,000 OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) E.L.DISEASE EA EMPLOYEE $1,000,000 06S6Raecl0A OF OPERATIONS below E.L.DISEASE POLICY LIMIT $1,003000 A Professional Lap Claims Made DPL42315 /27/2015 112712016 $2,000,000 Per Claim $2,c00,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD101,Addltlenal Remarks Schedule,ifnl0respocelsrequired) Certificate Holder(s)is/are an Additional Insured on the Commercial General Liability and Auto Liability when required by written Contract or agreement regarding activities byy Or an behalf of the Named Insured.The Commercial General Liability Insurance is primary Insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subrogaLlon applies to the Commercial General Liability,Auto Liability, Umbrella I Excess Liability and Workers Compensation/Employers Liability in favor of the Additional Insured, ProjeWJob Name: Green River Natural Resources Area Pump Station 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, 400 West Gowe ( Kent WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved, ACORD 26(2010105) The ACORD name and logo are registered marks of ACORD ' ollcy Number. 6807B937695 COMMERICAL GENERAL LIABILITY I 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 Part. (Section II): 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 elude as an additional insured on this Coverage LIABILITY CONDITIONS(Section IV): Part, but only with respect to Ilabilityfor"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 Gov- slons or the acts or omisslons 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 addl- tional insured as a named insured, and we will not b. In connecton with premises owned by or 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 which coverage Is sought occurs;and within the "products-completed operations 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 on any other basis, that is available to the insured The insurance provided to such additional insured when the insured Is an additional insured under is limited as follows: any other insuranbe. d. This Insurance does not apply on any basis to C. The following is added to Paragraph 8. Transfer any person or organization for which cover- Of Rights Of Recovery Against Others To Us age as an additional Insured specifically Is in COMMERCIAL GENERAL LIABILITY CON- added by another endorsement to this Cover- DITIONS(Section IV): age Part, 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 damage" or "personal Injury" arising out of "your f. The limits of insurance afforded to the addi- work" performed by you, or on your behalf, under tional insured shall be the limits which you a"contractor agreement requiring Insurance"the ith agreed in that"contrect'or agreement requir- that person e Ing Insurancb" to provide for that additional organization. We waive these Insured, or the iimltsshown in the Declare- rights only where re you have agreed to do so as tons for this Coverage Part; whichever are part of the"contract or agreement requiring Insur- Tls endorsement does not Insurance stated in the(LIMITS OF Into by you beforncrease the ance" with such e and Inerson oaffec anization entered limits of t when, the"bodily CG D3 8109 07 02007 The Travelers Companies,Inc. Page 1 of 2 ! Includes the copyrighted matedal of Insurance Services Office,Inc.,with Its permission, COMMERICAL GENERAL LIABILITY I 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. I ! i i ! i Page 2 of 2 92007 The Travelers Companies,Inc. CGS D3 8109 07 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission. I I i 'olicy Number:CLIP76960268 UMBRELLA t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY(UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT a. "Bodily injury"or"property damage"caused by an TO RECOVER FROM OTHERS., of SECTION IV — "occurrence"that takes place; or CONDITIONS.: b. "Personal injury" or "advertising injury" caused by If the insured has agreed in a contract or agreement an "offense"that is committed; to waive that insured's right of recovery against any subsequent to the execution of the contract or agree person or organization,we waive our right of recovery ment, against such person or organization, but only for payments we make because of: LIM 04 88 07 08 ®2008 The Travelers Companies,Inc, Page 1 of 1 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. Policy Number.BA78941924 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modlfies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless mod[- fled by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to, the extent that coverage Is excluded or limited by such an endorsement. The folllowtng listing is a general Cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this.en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and Is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND INCREASED LIMIT ELECTRONIC B. EMPLOYEE HIRED AUTO L WAIVER OF DEDUCTIBLE—GLASS C. EMPLOYEES AS INSURED J, PERSONAL EFFECTS D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS K. AIRBAGS E.. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of. The following gadded Paragraph LIABILITY ILIT Who Is your business. An Insured, of SECTION ll — LIABILITY COV- 2. OtF following surnceaces of SECTION IV —I BUS[- ERAGE. NESS AUTO CONDITIONS: Any person or organization who is required under a written contract or agreement between you and h. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age,the following are deemed to be cov- executed by you before the "bodily injury' or ered"autos"you cwn: "property damage" occurs and that Is in effect (1) Any covered "auto" you leass, hire, during the policy period,to be naned as an add!- rent or borrow;and tlonal I'nsdred is an"insured";for Liability Cover- (2) Any covered"auto"hired or rented by age, but only for damages to.wh!ch.this Insurance your "employee" under a contract in applibs and only to the ektent'that person or or- that individual "employee's" name, gantzation qualifies as an "insured' under the with your permission, while perform- Who Is,An insured provision contained in Section Ing duties related to the conduct of II. your business. B. EMPLOYEE HIRED AUTO However,any"auto"that is teased, hired, 1. The following Is added to Paragraph A.1., rented or borrowed with a driver is not a Who Is An Insured, of.SECTION 11 — Lt- covered"euto". ABILITY COVERAGE: C. EMPLOYEES AS INSURED An"employee"of yours is an "insured" while The following is added to Paragraph A.C.Who Is opersting.a covered "auto" hired or rented An Insured, of SECTION II — LIABILITY COV- under a contract or agreement In that "am- ERAGE: pfoyeaV, name, with your permission, while CA T4 20 07 10 02010 The Travelers Indemnity Company,M rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Ina With Its permission. . I . i ' I I COMMERCIAL AUTO Any"employea"of yours is an"insured"while us- (3) If a repair or replacement results in better ing a covered"auto"you don't own, hire or borrow than like kind or quality,we will not payfor the in your business or your personal affairs. amount of betterment. D. SUPPLEMENTARY PAYMENTS —INCREASED (4) A'deductible equal to the highest Physical LIMITS Damage deductible applicable to any owned 1. The following replaces Paragraph A.2.a.(2)of. covered"aufo". SECTION II—LIABILITY COVERAGE: (5) This coverage Extension does not apply to; (2) Up to $3,000 for cost of bail bonds (in- (a) Any "auto' that is hired, rented or bor- cluding bonds for related traffic law viola- rowed with a driver,or tions) required because of an "accident" (b) Any "auto" that Is hired, rented or bor- we cover. We do not have to furnish rowed from your"employee these bonds. G. PHYSICAL DAMAGE — TRANSPORTATION .2. The following replaces Paragraph A.2.a.(4)of EXPENSES—INCREASED LIMIT SECTiQN ll—LIABILITY COVERAGE: The following replaces the first sentence in Para- (4) All reasonable expenses incurred by the graph AA.a., Transportation Expenses, of "Insured" at our request, Including actual SECTION III — PHYSICAL DAMAGE COVER. loss of earnings up to $500 a day be- AGE: cause of time off from work. We will pay up to $50 per day to a maximum of E. TRAILERS—INCREASED LOAD CAPACITY $1,500 for temporary transportation expense In- The following replaces Paragraph C.I. of SEC- curred by you because of the total theft of a cov- TION I—COVERED AUTOS; ered"auto"of the private passenger type. 1. "Trailers" with a load capacity of 3,000 H. AUDIO, VISUAL. AND DATA ELECTRONIC pounds or less designed primarily for travel EQUIPMENT—INCREASED LIMIT :on public roads, Paragraph C.2.. Limit Of Insurance, of SEC- F. MIRED AU70 PHYSICAL DAMAGE - - TION III —PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph A.4„ Cover- deleted, age:Extensions, of SECTION'III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS gA AGE COVERAGE: The following is added to Paragraph D.,Deducti- Hired Auto PhyslcM Damage Coverage ble, of SECTION IIi — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Liability COVERAGE; Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage coverage, and this policy also provides glass damage If the glass is repaired rather than Physical Damage Coverage for an owned "auto', replaced. then the Physical Damage Coverage is extended J. PERSONAL EFFECTS to "autos"that you hire,rent or borrow subject to The following is added to paragraph A.4., Cover- the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" in any one DAMAGE COVERAGE; "accident' to a hired, rented or borrowed Personal Effects Coverage "auto"is the lesser of: We will pay up to $400 for"toss" to wearing ap- (a) $50,000; i ( parel and other personal effects which are; b) The actual cash value of the damaged or stolen property as of the time of the (1) Owned by an"insured";and "loss";or (2) In or on your covered"auto", (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen prope with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2)'F,rr adjustment for depreciation and physical age. condition will be made'in determining actual .-cash value in the event of a total"loss". Page 2 of 3 52010 The Travelers indemnity company.All rights reserved, CA T4 20 0710 Includes copyrighted material of Insurance Services office,Inc.with ifs pemassion. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss"; COVERAGE: (b) Financial penalties Imposed under a Exclusion 3.a. does not apply to "loss"to one or lease for excessive use, abnormal wear, more airbags In a covered"auto"you own that in- and tear or high mileage; slate due to a cause other than a cause of"loss" (c) Security deposits not returned by the [es- set forth in Paragraphs A.1.1a, and A.1.c., but sor; only: (d) Costs for extended warranties,Credit Life " a. If that"auto" Is a covered "auto"for Compre- Insurance, Health, Accident or Disability hensive Coverage under this policy; Insurance purchased with the loan or b. The airbags are not covered under any war- lease;and ranty;and• (a) Carry-over balances from previous loans c. The airbags were not intentionally Inflated. or leases. We will pay up to a maximum of$1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". The following replaces Paragraph A.S., Transfer L. AUTO LOAN LEASE GAP Of Rights Of Recovery Against'Others To Us, The following is added to Paragraph A4., Cover- of SECTION IV BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: 5. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a total"loss"to a covered".auto"of against any person or organization to the ex- tent required of you by a written contract exe- cuted private passenger type shown In the schedule prior to any "accident" or "loss", pro- or Declarations for which Physical Damage Gov- vided that the"accident"or"loss"arises out of erege fs provided,we will pay any unpaid amount the operations contemplated by such con- due on the lease or loan for such covered"auto" less the following: tract.The waiver applies only to the person or (1) The amount,paid under the Physical Damage organization designated In such contract. Coverage Section of the policy for that"auto'; and i i CA TA 200710 02010 The Travelers Indemnity Company.NE fights reserved. Page 3 of 3 Includes copyrighted material of Insurance samlces Oigee;Ina with its permission.