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HomeMy WebLinkAboutPW16-247 - Amendment - #3 - The Eastman Company - S 288th St UPRR Grade Separation - Appraisal Services /jr//i ijr/ %j/r//,%r r %r�J/�ili�i/ Q %�%%���/' f� j ��,,, „,rl. Ur�1�Flra¢li/� Kq'Z: CordS M � /r � �� t i 1r, qz! N'T' r ' Document r ; WH9Hi N G7bN /r r„ I ' 7 r r 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: The Eastman Company Vendor Dumber: JD Edwards Dumber Contract Dumber: W I � This is assigned by City Clerk's Office Project Dame: S. 2281E St. UPRR Grade Separation Description: 0 Interlocal ,Agreement © Change Order E Amendment Cl Contract ❑ Other: 9WUM0[yVV& No Contract Effective Date: 7/26/17 Termination Date: 12/31/17 Contract Renewal Notice (Days): Cumber of days required notice for termination or renewal or amendment Contract Manager: Dee Martindale Department: Engineering Contract mount: $0.00 Approval Authority: (CIRCLE ONE) Epartment Director Mayor City Council Detail. (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2017 due to prolonged property f W_._._d_ _.__._.._.._..__._._...... ___._..... _ _._._.._ __.___m..__ _. __. acquisitions As of; OB/27r14 - a • KENT WASHINGTON AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: The Eastman Company CONTRACT NAME & PROJECT NUMBER: S. 228th St. UPRR Grade Separation ORIGINAL AGREEMENT DATE: June 15, 2016 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: No change to the scope of work, however an amendment is necessary to extend the time of completion to December 31, 2017 due to prolonged property acquisitions. 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, $10,000.00 including applicable WSST Net Change by Previous Amendments $6,400.00 including applicable WSST Current Contract Amount $16,400.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $16,400.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/16 -(insert date) Revised Time for Completion under 8/31/17 prior Amendments (insert date) Add'l Days Required for this 122 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 thiis 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 thie 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/VENPOR: CITY OFK-ENT: L U-Itz- By: By. (signa�u e) ig ore) t"') Print Name: A Ch? �;v Print Name: Timothy J. LaPorte,--P.E. Its Its Public Works Director DATE: DATE: -7 A X2, e ]Z APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Eastman Cc-228"UPKR mind 3/Martindale-Madfau AMENDMENT - 2 OF 2 Ac-oR CERTIFICATE OF LIABILITY INSURANCE 751/15/2017 E(MM/DD/YYYY) 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: Shall Lofquist C Don Filer Agency PHONE (206)545-4800 FAX AIC No (206)545-6849 4201 Roosevelt Way NE EMAILADDRESS:slofqu ist@filerinsurance.com INSURER(Sj AFFORDING COVERAGE NAIC 0 Seattle WA 98105-6608 INSURERA:Travelers Cas Ins of America 19046 INSURED INSURER B G2MZ LLC INSURER C: DBA: The Eastman Company INSURER D.- 6206 35th Ave NE INSURER E: Seattle WA 98115 INSURERF: COVERAGES CERTIFICATE NUMBER:MASTER 17-18 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 LTR TYPE OF INSURANCE ADDL POLICY NUMBER POLICY EFF MMfDPOLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE Is 2,000,000 A CLAIMS-MADE I X I PREM OCCUR I E TO RENTED 300 000 PREMISES Ea occurrence) �S X 680-7E721300-17-42 6/19/2017 6/19/2018 MED EXP(Arty one person) $ 5,000 PERSONAL&ADV INJURY 3 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER l GENERAL AGGREGATE $ 4,000,000 POLICY Fx_1 PRO- JECT LOC PRODUCTS•COMP/OP AGG $ 4,000,000 OTHER: H redlborrowed $ 2,000,000 AUTOMOBILE LIABILITY COMBBWNEEDISINGLE LIMIT(Ea $ 2,000,000 A ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 680-7E721300-17-42 6/19/2017 6/19/2018 BODILY INJURY(Per accident) $ AUTOS AUTOS X NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS I Per accident $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ a4;G1 NMXXWG0LA MM PER OTH- y(PWMPLOYERS'LIABILITY Y/N STATUITE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ MIA E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under I DESCRIPTION OF OPERATIONS below I E L.DISEASE-POLICY LIMIT I$ - � I DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Certificate holder is hereby named additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent, Dept. of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Engineering ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Nancy Yoshitake 220 4th Ave S AUTHORIZED REPRESENTATIVE Kent, WA 98032-3994 Shari Lofquist/KRIS ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Policy# 680-7E721300-17-42 COMMERCtAt.GENERAL LIABILITY I THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS Thla endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED(SECTION 11)is amended In a written contract for this Insurance to to Include as an Insured any person or organize- apply an a primary or contributory basis. Lion (called hereafer'additlonal Insured')whom 3, This Insurance does not apply: you have agreed In a written contract, executed prior to loss, to name as additional Insured, but a• on any basis to any person cr organization only with respect to Ilabltlty arising cut of*your for whom you have purchased an Owners work" or your ongoing operations for that adds- and Contractors Protective policy. tional Inured performed by you or for you. b. to 'bodily Injury,' 'properly damage," 'per- t. With respect to the Insurance afforded to Addl- sonal Injury,' or °advertising Injury" arising tional Insureds the following conditions apply: out of the rendering of or the failure to render any professional services by or for you, In- a. Limits of Insurance — The following emits of eluding: liability apply: 1. The limits which you agreed to provide; �� The preparing, approving or falling to or prepare or approve maps, drawings, opinions, reports, surveys, change or- 2. The Omits shown on the declarations, dere,designs or spacifications;and whichever Is less. 2. Supervisory, Inspection or engineering b. This Insurance Is excess over any valid and services. collectible Insurance unless you have agreed Page 1 of 1 CG D1 tiS 0494 Includes Copyrighted Material tromeinsurance Services Ofilce,Inc. ® DATE(MMlDD1YYYY) ACC)o CERTIFICATE OF LIABILITY INSURANCE 1/6/2017 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 CONTA NA ME:CT Shari Lofquist _ C Don Filer Agency PHONE (206)545-4800 FAX gxtl• 4201 Roosevelt Way NE ADDRESS:slogquist@filerinsurance.com Suite 200 INSURER(S)AFFORDING COVERAGE NAIC# Seattle WA 98105-6608 INSURER A:Conti_nenta.l Casualty Company INSURED INSURER 8: -- G2MZ LLC, DBA: The Eastman Company INSURERC: Z&B Inc DBA: The Eastman Company INSURERD: 6206 35th Ave NE INSURERE: Seattle WA 98115 INSURERF: COVERAGES CERTIFICATE NUMBER:Master E&O 2017 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 TYPE OF INSURANCE AOOL SUER POLICY EFF I POLICY EXP LIMITS LTR i POLICY NUMBER M ODIYYYY MfDD1rEMP COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ S CLAIMS-MADE 17 OCCUR I DAMA- 6F cTffD-E Ea occurrence) $ I � MED EXP(Anyone person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO � LOC PRODUCTS-COMP/0P AGG S JECT S OTHER: AUTOMOBILE LIABILITY C SINGLE LIMIT $ Eaa accicciden ANY AUTO ANY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS PROPERTY DAMAGE S HIRED AUTOS AUUTOSWNED I Per accident S UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DEO RETENTIONS PER _ S WORKERS COMPENSATION I E _ AND EMPLOYERS'LIABILITY YIN E.L.EACH ACCIDENT $ ANY PROPRIETORIPARTNER/EXECUTIVE F 1, -- OFFICER/MEMBER EXCLUDED? uI N 1 A (Mandatory In NH) I E.L.DISEASE-EA EMPLOYE $ 0 yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 A Professional Liability 187378-B15973 1/1/2017 ! 1/1/2018 s1m/Slm limits.$5k ded claims made policy DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent, Dept. of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Engineering ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent, WA 98032-3994 AUTHORIZED REPRESENTATIVE fCcc c Shari Lofquist/SHARI ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 1NS025 r9014011