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HomeMy WebLinkAboutPW16-412 - Amendment - #4 - David Evans and Associates, Inc. - BNSF Railroad Quiet Zone - 11/08/2018 T Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. ❑ Blue/Motion Sheet Attached ❑ Pink Sheet Attached Vendor Name: David Evans and Associates, Inc. Vendor Number (JDE): Contract Number (City Clerk): Category: Contract Aqreement Sub-Category (if applicable): Amendment Project Name: Railroad Grade Crossing Improvements Contract Execution Date: 11/8/18 Termination Date: 12/31/19 Contract Manager: Rob Brown Department: PW: Engineering Contract Amount: $0.90 Approval Authority: N Director [:] mayor E] City Council Other Details: Extend end the time of completion to December 31, 2019 to assist with the preparation of the Quiet Zone documents T AMENDMENT NO'�. 4 NAME OF CONSULTANT OR VENDOR: Dpvid Evans and Associates InC CONTRACT NAME & PROJECT NUMBER: Railrgad Gradein Imorovgmpnt ORIGINAL AGREEMENT DATE: November 22, 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 is necessary to the scope of work, however an amendment is needed to extend the time of completion to December 31, 2019 to assist with the preparation of the Quiet Zone documents. 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, $83,133.00 including applicable WSST ......._ ......_ .-,_. .._...... ---- ........ ...... Net Change by Previous Amendments $0 including applicable WSST ... ._...... .. _.... Current Contract Amount $83,133A0 including all previous amendments -- .......... ......... _ $0 Current Amendment Sum ... .. . Applicable WSST Tax on this $o_ _ ._�_ Amendment Revised Contract Sum $83,133.00 AMENDMENT - 1 OF 2 i i Original Time for Completion 9/30/17 (insert date) ...._..... _,-,......._.... - _ ._.._.._ _ . . Revised Time for Completion under 12/31/18 prior Amendments (insert date) _ ...._... _...—... _ ......... Add'I Days Required (t) for this 365 calendar days Amendment _....... ..... .. __.. ..._ Revised Time for Completion 12/31/19 (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 , (signature) � ignaYure) .. Print Name: _- Print Name:_ imot K . LaPorte, P.E` Its DATE: �- — _ fr r rector Yr�) PubVic Arks Di DATE: _ APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department AMLNDME-NT - 2 OF 2 r-►C "WX CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDfYYYY) �......- 1211/?O16 11/7/2017 i 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 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 have ADDITIONAL INSURED provisions or 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 Lockton Corn anies 444 W.4711h Street,Suite 900 (AfC,Na,Exl1: AIG.NoL' Kansas CII MO 64112-1906 AIC,N — (816)960- 000 A SS, INSIIRFRlINI AFFORRING CQVFPArF NAIC# INSURER A n Zurich American Insurance CuT amp 16515 INSURED DAVID EVANS AND ASSOCIATES, INC. INSURER B: Endurance American Insurance Conmanv 10641 142 12 11 2100 SW RIVER PARKWAY INsuRERc: Llovds of Londou PORTLAND OR 97201 --- INSURER D INSURER E INSURER F COVERAGE'S 9)9 . INOI CERTIFICATE NUMBER:..14370484. ... REVISION NUMBER: XXXXXXX 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. ILTSIRFCOMMERCIAL INSURANCE ACOL SVBR POLICY NUMBER POLICY EFP PCILICy EXP NSD MDIMMILIM YYY MMIDD YVYV LIMITS AENERAL LIABILITY Y N 0,098303E9 12/1/2017 12/1/201A EACH OCCURRENCE $ $1.000000 OE�OCCUR y,Rr,yE f I ua c nOnrncr:L $ 5300.000 MED EXP(AnvPne PA,seU) $ SIMON PERSONAL B ADV INJURY $ S1,000.000 LIMIT APPLIES PER'. 3ENEFAL AGGRF..GATE $ S2,000.000CT LOG PRODUCTS-COMMOPAGG S $2.000.000 ), 6T'OMOmiE LIABILITY Y N PAP 983039t1 12'/I/2017 12/I/2018 ComwviR INI:,L.I.I...IMut' Ic.n ac- IA $ $1 000 000 OX ANY AUTO 130DILY INJURY(PerPerson) $ XXXXXXX OWNED SCHEDULED ---- - AUTOS ONLY AUTOS 130DILY INJURY(Per accmenf $ XXXXXXX AUTOS ONLY X AUTOS o ONLY ZION 7'd r"oM$ei'r1.UE s XXXXXXX Rgr�ca'Imsni _ [Hired Auto PD $ 1.000 13 UMBRELLA une X Oq(;UR Y N EY.CI00059943OJ 12I1/20 t7 I2,11/20Ift EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CkLARMS NIADE AGGREGATE $ 2.000.000 RED I RETENTION$ $ XXXXXXX A1NORKERS COMPENSATION 12 1/2013 STATTA _ OtH� AND EMPLOYERS'LIABILITY YI.N N WC9336626 12/l/2017 rUTELIABILITY ED ANY PROPRIETCRYARTNERIEXECUTIVE E L EACH ACCIDENT OFF IC EVNEMRFR EXCLUDED] N fA $ 1,�O�11,10�l0101(MandArPir NH) LOISEAEL fAf AiPLCYEE R I,�O(l.Vt1V Jesu be Order DESCRIPTION OF OPERATIONS beow l C PROI LSSIONAL N N LDUSA17046"25, 12/12017 17/1/7019 S2000,000 PL RCLALM LLAHII rI V;4,000.000 AGG21 GA'IF DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES 1ACORD 109 AddRiooak Remarks 8c6eduie may he adaohed It more snare Is Mqulred" ➢ CK.q XW)000001) BNSP`RAILROAtl) A E,r/ON't KhNI (zRADI tROSSINC IMPRUVLMFNI°a 11VI C1IY01 KENT IS AN ADDITIONAL INSURLDAS RI SAIL(IS(d NFRAL,I IAI"ll H Y,Ail ft LIABILITY AND IAIDIR I LA)LXCESS LlAnR II Y,AS REQUIRED BY Win l 1hN(ONI IRAr.'I.'IHP t LCr+@RAI. L IAI11L11 Y AND AVI"I)LIABILI I'"Y COVLIRAHIrS ARE PRIMARY,AN RAQ1ARN-11 BY Will l IEN i ON 1RAC:'T. VI IF,ADDITIONAL WSOR,O)S'OWN C OVLHAUF IS EXCESS OI AND NON L CJNIIii@l,l'p'G5I(Y Wl I II IT UB SAI RAL LAABU 61Y,AND ON IHE Al I'101 IAHH PTY AS RI SPI�( I S NIF IN&OF WU NCI VS OW!NLD 13Y DAVID EVAN'S&ASS(bd IAI YS,IN: WI BFRV RULQAIRPA)HY YVARJ 1 IIN CON]It)%("'I' CERTIFICATE HOLDER CANCELLATION Sue Altauhlenen(S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ,14370484 AUTHORIZED REPRESENTATIVE CITY OF KENT ATTN:NANCY YOSHITAKE 400 WEST GOWE KENT WA 98032 xw,xrr:+ DC1 ACORD 25(2016103) ©19 r6.2015 ACORD CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL09830389 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Oraanization(s) Location(s) Of Covered Operations Any person or organization to whom or to Any location where you have agreed, which you are required to provide additional through written contract, agreement of insured status in a written contract or written permit, to provide additional insured agreement except where such contract or coverage, except where such contract or agreement is prohibited by law. agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) additional insureds, the following additional or organization(s) shown in the Schedule, but exclusions apply: only with respect to liability for "bodily injury", This insurance does not apply to "bodily injury' property damage" or"personal and advertising or "property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with 2. The acts or omissions of those acting on such work, on the project (other than your behalf; service, maintenance or repairs) to be in the performance of your ongoing operations performed by or on behalf of the additional for the additional insured(s) at the location(s) insured(s) at the location of the covered designated above. operations has been completed; or However: 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted other than another contractor or by law; and subcontractor engaged in performing If coverage provided to the additional insured is operations for a principal as a part of the required by a contract or agreement, the insurance same project. afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Miscellaneous Attachment : M503337 Certificate ID : 14370484 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III -Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most applicable Limits of Insurance shown in the we will pay on behalf of the additional insured is Declarations the amount of insurance: 1. Required by the contract or agreement; or Miscellaneous Attaclunent: M503337 Certificate ID : 14370484 POLICY NUMBER: GLO 9830389 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: THE GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER, A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences' under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of"bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or"suits' brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. Miscellaneous Attachment : M463790 Certificate ID : 14370484 I B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable; and Limit. 2. Such payments shall not reduce any Designated Construction Project General Aggregate C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of"bodily injury" or "property damage" included in the "products-completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of(SECTION III )- Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Miscellaneous Attachment :M463790 Certificate ID : 14370484 Nris,eetlaneous Attachment:M503359 Certificate 1D : 14370484 I CA CA 20 48 10 13 © Insurance Services Office, Inc., 2011 POLICY NUMBER: BAP 9830390 Page 1 of 1 i COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT i CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE i This endorsement modifies insurance provided under the following: 1 i AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies Person(s)or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This end rsement thanc� s the policy effective on the inception date of the policy unless anottrer date is indicated eiow. Named Insured: See attached Certificate Endorsement Effective Date: 12/1/2017 Name of Persons) or Organizations : An _ .._...... y person o or r organization to whom or which you are required to provide additional insured status in a written contract or written agreement executed prior to the loss, except where such contract or agreement is prohibited by law.. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an 'insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained In Paragraph A.I. of Section II - 'Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Mi�ccllageous Attachment: M503359 Certificate ID : 14370484 Section I - Covered Autos Coverages of the Auto Dealers Coverage Form