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HomeMy WebLinkAboutPW11-081 - Amendment - #5 - Shannon & Wilson, Inc. - Green River Levee Certification Project -12/28/2015 3 . e C r S a n e �l l � le, KEN T Document 7t 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: Shannon & Wilson, Inc. Vendor Number: 3D Edwards Number i Contract Number: N-141E 1 ' ;- G la' This is assigned by City Clerk's Office Project Name: Green River Levees Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/28/15 Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock 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 additional work along the levees will be completed and we will need wetland information to complete it. I As of: 08/27/14 Wns XINOTON AMENDMENT NO. 5 NAME OF CONSULTANT OR VENDOR: Shannon & Wilson, Inc. CONTRACT NAME & PROJECT NUMBER: Green River Levees I ORIGINAL AGREEMENT DATE: January 11, 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, 2016. Additional work along the levees will be completed and we will need wetland information to complete it. 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, $50,870.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $50,870.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $50,870.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/11 (insert date) Revised Time for Completion under 12/31/15 prior Amendments (insert date) Add'I Days Required (f) 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. By: By: �...=- (5Pg'natui - t! ignature) ' Print Name: ' LAN ' Print Name: imothy J. LaPorte, P.E. Its % 4, Its Public Works Director (t tle title �[ DATE: � ➢ DATE:42-7 APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Shannon&Wilson-GR levees Amd 5/Haflock AMENDMENT - 2 OF 2 DXT AC ®R CERTIFICATE OF LIABILITY INSURANCE2124120 MIDD,YYY1 24/2015 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS "TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES )W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED km;-RESENTATIVE 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 endorsements. coraracT PRODUCER NAME; Gail Scott Arthur J.Gallagher Risk Management Services, Inc. PHONE 425-586-1031 PAx m:425-451-3716 P.O.Box 367 E-MAIL ADDRESS'gaii_scott@ajg.com Bellevue WA 98009-0367 INSURERS AFFORDING COVERAGE NAIC# INSURERA:National Union Fire Ins Cc Pittsbur 19445 INSURED INsuRERB Travelers Property Casualty Cc of A 25674 Shannon&Wilson, Inc. INSURERC:New Hampshire Insurance Company 23841 400 N.34th Street,Suite 100 INSURER D: Seattle,WA 98103 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1716783679 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 POLICY EFF POUCYE%P LIMITS LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER M,mD0 MMIDD A X COMMERCIAL GENERAL LIABILITY 7046489 31112015 31112016 FGENERALAGGREGATE CURRENCE $11000,000 T'OR D CLAIMS-MADE X� OCCUR S Eaoccurmnce $300,000 (Anyone person) $10,000 L&ADV INJURY $1100010DO GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 POLICY�JECGT �LOC S-COMPIOP AGG $2,000,000 OTHER: A �TOMOSILE LIABILITY 2240389 /1/2015 /1/2016 Lee acolde05 G T 81,000,000 ANY AUTO BODILY INJURY(Per person) $ X AILJTOS NED AUTT SUED BODILY INJURY(Per accltlent) $ NONOWNED PROP TYDAMAGE $ HIRED AUTOS AUTOS Per accident B X UMBRELLA I IABtXOCCUR ZUP15R7312A15NF 11/2015 /1/2016 EACH OCCURRENCE $1,000,000 EXCESS LIMBCLAIMS-MADE AGGREGATE $1,000,000 DEO X RETENTION$10,000 _ $ C WORKERS COMPENSATION 024508507-ADS 112015 11/2016 X STATUTE OERH A AND EMPLOYERS'LIABILITY YIN 02450850B-CA 31112015 3IM016 E.L.EACH ACCIDENT $1,000.000 ANY PROPRIETORIPARTNEWEXECU LIVE ❑ NIA OFFICERIMEMBER IXCLUOE01 E.L.DISEASE-EA EMPLOYEE $1,000,000 (Mandatory In NH) 000,000 Ifyyes,describe under E.L.DISEASE-POLICY HMrr $1, DESCRIPT ON OF OPERATIONS b,.1. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Addldonal Remarks Schedule,may he attached if mom space is required) Workers'Comp-In Monopolistics, Employers'Liability only RE:Project: Green River Levee Improvements,Kent,WA (S&W Job#21-1-12339It,formerly Job#21-2-60314) The City of Kent is included as Additional Insured for General Liability(per Form#CG2033 and CG2037)and Auto Liability as respects operations of the Named Insured. Primary and Non-Contributory incl for GL and AL where required by written contract. 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. Attn: NancyYoshitake 400 West Gowe AUTHORIZED REPRESENTATIVE Kent WA 98032 USA ©1�988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD I, 001853 I r I 1` Client#:330606 SNANNWIL11 ACC ' n, CERTIFICATE OF LIABILITY INSURANCEDAT/06/2015 01/06/2015 -41S 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 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 endorsement(s). PRODUCER NAME:AME: Kibble&Prentice,a USI Co PR PHONE 206 449-6300 ac No: 610-362.8530 ANC,Me,EAl: 801 Union Street,Suite 1000 a DRESS, pi•certrequest@kpcom.com Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE MAIDN INSURER A:Lloyd's of London 32727 INSURED INSURER B: Shannon &Wilson, Inc. --._""— INSURER C P.O. Box 300303 INSURER 0: Seattle,WA 98103 INSURER E; I 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 CONTRACTOR 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 ADDLSUBR POLICY EFF POLICV EXP LIMITS LTR TYPE OF INSURANCE INSR W POLICY NUMBER_ MMIDDIYYY MWDD/YYYY GENERAL LIABILITY EACH pp OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccomncc) $ _ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERALAGGREGATE $ GENL AGGREGATE LIMIT APPLES PER: PRODUCTS-COMP/OP AGG $ j POLICY PEo-T Lee $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per aoddent) $ HIRED TS AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ Peraccidenl _ $ I UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED I I RETENTION_$ $ WORKERS COMPENSATION We STATU- I OTH- AND EMPLOYERS'LIABILITY PPOHY LIMITS ANY PROPRIETORIPARTNERNEXECUTiVE Y!NI E.L EACH ACCIDENT $ OFNCER/MEMBER E%CLUDE07 LJ N/A (Mandatory In NH) E.L.DISEASE_EA EMPLOYEE $ If yos,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional& B0146LDUSA150579 1/01/2015 01/01/201 $1,000,000 per claim Contractors $1,000,000 annl aggr. Pollution Llab. F1 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACOnD 101,Additional Remarks Schedule,if more space Is recurred) RE:S&W Job No:21.2.60314/Location: Green River, Kent,WA Project Name:Green River Levee Improvements between River Mile 14.25 to River Mlle 22.00,Kent,WA Description of Work:Wetland reconnaissance and biological assessment for five levee Improvement locations along the Green River I I! CERTIFICATE HOLDER CANCELLATION (art of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S14108571/M14108507 EZGJU P6309D340343TIL14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL iNSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II w WHO IS plies only to such "bodily injury" or "property AN INSURED; damage"that occurs before the end of the pe-, tied of time for which the "written contract re- Any person or organization that you agree in a quldng insurance" requires you to provide "written contract requiring insurance to include as such coverage or the end of the policy period, an additional insured on this Coverage Part, but: whichever is earlier. a. Only with respect to liability for"bodily injury", 2. The following is added to Paragraph 4.a, of SEC- "property damage"or"personal injury"; and TION IV— COMMERCIAL GENERAL LIABILITY b. If, and only to the extent that, the injury or CONDITIONS: damage is caused by acts or omissions of The insurance provided to the additional insured you or your subcontractor in the performance is excess over any valid and collectible "other in- of "your work" to which the "written contract surance", whether primary, excess, contingent or requiring insurance" applies, The person or on any other basis, that is available to the addl- organization does not qualify as an additional tionai insured for a loss we cover. However, if you insured with respect to the independent acts specifically agree in the "written contract requiring or omissions of such person or organization, insurance"that this insurance provided to the ad- The Insurance provided to such additional insured ditional insured under this Coverage Part must Is limited as follows: apply an a primary basis or a primary and non- c, in the event that the Limits of Insurance of contributory basis, this insurance is primary to this Coverage Part shown in the Declarations "other insurance" available to the additional in- exceed the limits of liability required by the sured which covers that person or organization as "wri{ten contract requiring insurance", the In- a named insured for such loss, and we will not surance provided to the additional insured share with that "other insurance But this insur- shall be limited to the limits of liability required ance provided to the additional insured still Is ex by that "written contract requiring insurance". cess over any valid and collectible "other insur- This endorsement shall not increase the limits ance", whether primary, excess, contingent or on of insurance described In Section IIi — Limits any nsu other basen is, that isa available or to the t dditioion Is al of Insurance, d. This insurance does not apply I to the render- additional Insured under any"other insurance", ing of or failure to render any "professional 3. The following is added to SECTION IV — COM- services" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS: or omissions. Duties Of An Additional Insured e. This insurance does not apply, to "bodily in- As a condition of coverage provided to the add!- jury" or 'property damage" caused by "your tional insured: work" and included in the "products- a, The additional insured must give us written completed operations hazard" unless the notice as soon as practicable of an "occur- "written contract requiring insurance" specifl- rence" or an offense which may result in a Sally requires you to provide such coverage claim. To the extent possible, such notice for that additional insured, and then the insur- should include: I ance provided to the additional Insured ap- CG D4 14 04 08 ©2006 The Travelers companies,Inc. Page 4 of 2 i COMMERCIAL GENERAL LIABILITY P6309D340343TIL14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITiONAL INSUREDS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The "personal injury" or"advertising Injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of., (Section M Paragraph 4. (Other insurance), is fense committed amended asfollows: subsequent to the signing and execution of that 1. The following Is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The First Subparagraph (2) of Paragraph b. Er- However, if you specifically agree in a written con- Bess Insurance regarding any other primary in- tract or written agreement that the.insurance pro- surance available to you is deleted. - vided to an additional insured under this 3. The following is added to Paragraph h. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur• Subparagraph(1); once is primary to other insurance that is avail- That is available to the insured when the insured able to such additional Insured which covers such is added as an additional insured under any other additional insured as a named Insured, and we policy, including any umbrella or excess policy, will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs;and I I — j o� N� d� o a n� /r � ZUy ij o� GLl i • CG D0 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 014530 I� COMMERCIAL AUTO 2, The following replaces Paragraph h. in 6.5., 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 pelmisslon, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. (1) 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 tie any such claim or"suit"and keep covered"auto". us advised of all proceedings and aoa D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1.,Who Is (It) 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- (fit)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 pay as damages because of "bodily of SECTION lI—LIABILITY COVERAGE: injury"or"property damage" to which (2) Up to $3,000 for cost of ball bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tlons) 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 II—LIABILITY COVERAGE: the reasonable expenses Incurred (4) All reasonable expenses incurred by the with our consent for your Investlga- "insured" at our request, including actual tion 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 F. HIRED AUTO — LIMITED WORLDWIDE COV- within the limit described In Para- graph G., Limit Of Insurance, of ERAGE—INDEMNITY BASIS SECTION 11 — LIABILITY COVER- The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit, graph B.7., Policy Period, 'Coverage Torritory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDi- ends when we have used up the ap- TIONS: pitcable 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 hibfts the transaction of business with or Page 2 of 4 020i0 The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance Services Office,Inc.Qh its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract.The waiver applies only to the The'following replaces Paragraph A.B., Transfer person or organization designated In such Of Rights Of Recovery Against Others To Us, contraef. of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OROR418SIONS TIONS: The following Is added to Paragraph B.2., Cen- 5, Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We walve 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 prior to any "accident' ever this provision does not affect our right to col- or"loss",provided that the"accident"or"loss" lect additlonal premium or exercise our right of arises out of operaflons contemplated by cancellation or non-renewal. l I I i i Page 4 of 4 ®2010 The Travelers indemnity company. CA T3 53 0310 Includes copyrighted material of Insurance 8eMcos Office,Inc.with Its permisslon. i