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HomeMy WebLinkAboutPW15-228 - Amendment - #2 - J. A. Brennan Associates PLLC - Upper Russell Road Levee South Reach - Document Preparation - 03/21/2017 ICY / /f ecords 1" I ► KEN7 Document WASHI N G TON 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 dame: J.A. Brennan Associates PLLC Vendor Number::. JD Edwards Number Contract Number: � '" 225, 0 This is assigned by City Clerk's Office Project Name: SR 516 to 23151 Way Levee Description: ❑ Interlocal Agreement ❑ Changle Order F1 Amendment ❑ Contract ❑' Other: Contract Effective Date: 3/21/17 Termination Date: 12/31/17 Contract Renewal Notice (Days): 365 Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Public Works Contract Amount: $8,977.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Time extension needed to assist design with added construction elements. , As of: 08/27/14 • KENT W A S H I N G T O M AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: J.A. Brennan Associates PLLC CONTRACT NAME & PROJECT NUMBER: SR 516 to 2315t Way Levee ORIGINAL AGREEMENT DATE: June 19, 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: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2017 due to additional time is required to assist design with added construction elements. 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, $8,977.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $8,977.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $8,977.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/3 1/15) (insert date) Revised Time for Completion under 12/31/16 prior Amendments (insert date) Add'l Days Required (±) for this 365) calendar days Amendment Revised Time for Completion 12/31/17 (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 aind 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:-- (�Ik By,,,am (signature) Print Name: — tf2 Print Name: Timothy J. LaPorte, P.E. Its F>,8-4AA;2 A Its Public Works Director (rile DATE:. Z-9 16-"? DATE:.----�A/Z APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department A B,,—an-Neely Ha�"�ead Airnd 20dallock AMENDMENT - 2 OF 2 • Client#:328420 JABRENNA ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE 3/10/20170/2017 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 endorsement(s). PRODUCER CONTACT NAME: USI Kibble&Prentice PR PHONE 206 441$300 610-362-8530 A!C No Ext: AIC,No 601 Union Street, Suite 1000 E-MAIL ess: Pl.certrequest@usi.com Seattle,WA 98101 -- INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:Phoenix Insurance Company 25623 INSURED INSURER B:Travelers Casualty&Surety Co. 31194 J.A. Brennan Associates,PLLC --------------._._...-- - ..—-------- — - --- -- INSURER C:Travelers Property Cas.Co.of 25674 2701 First Ave.,Suite 510 ---------- ER D Seattle,WA 98121 INSUR-- INSURER E: 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. INSR ADDL SUB POLICY EFF POLICY EXP LTR _ TYPE OF INSURANCE INSR WVO__ POLICY NUMBER MMIDDIYYYY {MMlDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6806614P276 3/01/2017 03/01/201 E-EACH OCCURRENCE $2000000 DAMAGE TO RENTED CLAIMS-MADE _ X OCCUR PREMISES Ea occurrence— $1 OOO OOO -- -------_--- - — -- MED EXP(Any one person) $5 000 _ PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000PR POLICY L�JECOT L_-1I1 LOC PRODUCTS-COMPIOPAGG $4,000,000 OTHER: $ --- -- ------ C AUTOMOBILE LIABILITY BA6614P288 3/01/2017 03/01/201 COMBINED S INGLE LIMIT 1 000 000 _ _(Ea accident} g , -—,-_--.— X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 6806614P276 3/01/2017 03/01l201 PER X OTH- AND EMPLOYERS'LIABILITY YIN �_�ANY PROPRIETORIPARTNERIEXECUTIVE WA Stop Gap) E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? � NIA ----- (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 if yes,describe under _ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional 105408190 3/0112017 03/01/201 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:On-Call Landscape Architectural Services. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Dept. ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Nancy Yoshitake 220 Fourth Avenue S. AUTHORIZED REPRESENTATIVE Kent,WA 98032 5'hjt. ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S20035464/M20028904 SMPZP This'page has been;left blank intentionally. { x COMMERCIAL 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 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- 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- 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 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 an 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 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 requir- a"contract or 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 of the"contract or agreement requiring insur- less.This endorsement does not increase the ance" 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 81 09 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. Page 2 of 2 ©2007 The Travelers Companies,Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies 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 modi- fied 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 following 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 DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED 1. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS— INCREASED J. PERSONAL EFFECTS 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 is added to Paragraph A.1.,Who Is your business. An Insured, of SECTION 11 — LIABILITY COV- 2. The following replaces Paragraph b. in B.5., ERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. 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 own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- rent or borrow;and tional insured is an "insured" for Liability Cover- age,but only for damages to which this insurance (2) Any covered"auto"hired or rented by applies and only to the extent that person or or- your "employee" under a contract in ganization qualifies as an "insured" under the that individual "employee's" name, Who Is An Insured provision contained in Section with your permission, while perform- II. ing duties related to the conduct of B. EMPLOYEE HIRED AUTO your business. 1. The following is added to Paragraph A.1., However, any"auto"that is leased, hired,rented or borrowed with a driver is not a Who Is An Insured, of SECTION If — LI-ABILITY COVERAGE: covered"auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in that "am_ An Insured, of SECTION It — LIABILITY COV- ployee's" name, with your permission, while ERAGE: CA T4 20 OT 10 ®2010 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO Any"employee" 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 pay for 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"auto". SECTION 11—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" we cover. We do not have to furnish (b) Any "auto" that is hired, rented or bor- these bonds. rowed from your"employee". 2. The following replaces Paragraph A.2.a.(4)of G. PHYSICAL DAMAGE — TRANSPORTATION SECTION II—LIABILITY COVERAGE: EXPENSES—INCREASED LIMIT ( ) All reasonable expenses incurred by the 4 The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of l insured" at our request, including actual SECTION III — PHYSICAL DAMAGE COVER- loss of earnings up to $5O0 a day be- AGE: COVER- cause of time off from work. E. TRAILERS—INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum of $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. HIRED AUTO PHYSICAL DAMAGE TION III — PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph AA., Cover- deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical 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: The following is added to Paragraph A.4., Cover- (1) The most we will pay for "loss" in any one age Extensions, of SECTION III — PHYSICAL "accident" to a hired, rented or borrowed DAMAGE COVERAGE: "auto"is the lesser of: Personal Effects Coverage (a) $50,OD0; We will pay up to $400 for "loss"to wearing ap- (b) The actual cash value of the damaged or parel and other personal effects which are: 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 property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2) An 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 ®2010 The Travelers Indemnity Company.A!I rights reserved. CA T4 20 07 10 Includes copyrighted material or Insurance Services Office,Inc.with its permission. 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; Rate due to a cause other than a cause of "loss" (c) Security deposits not returned by the les- set forth in Paragraphs A.1.b. and A 1.c., but sor; only: a. If that"auto" is a covered "auto"for Compre- (d) Costs for extended warranties,Credit Life hensfve Coverage under this policy; Insurance, Health, Accident or Disability Insurance purchased with the loan or b. The airbags are not covered under any war- lease;and ranty;and (e) 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 AA., 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- the private passenger type shown in the Schedule tent required of you by a written contract exe- or Declarations for which Physical Damage Cov- cuted prior to any "accident" or 'Ross", pro- erage is provided, we will pay any unpaid amount vided that the"accidenf"or"loss"arises out of due on the lease or loan for such covered "auto" the operations contemplated by such son- 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 CA T4 20 0710 ©2010 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission.