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HomeMy WebLinkAboutCAG2020-341 - Amendment - #1 - Shearer Design LLC - Mill Creek & 76th Ave S Flood Protection - 11/01/2021Nancy Y. for Susanne Smith Public Works 11/10/2021 11/15/2021 N/A D90121 N/A Shearer Design, LLC Contract Amendment Mill Creek and 76th Avenue S. Culvert Replacement Extend the time of completion to December 31, 2022 due to project permitting is taking longer than expected and design completion is anticipated in 2022. Other 12/31/22 $0 CAG2020-341 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Shearer Design LLC CONTRACT NAME & PROJECT NUMBER:Mill Creek and 76th Avenue South Culvert Replacement ORIGINAL AGREEMENT DATE: October 27, 2020 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 needed to extend the time of completion to December 31, 2022 due to project permitting is taking longer than expected, and design completion is anticipated in 2022. Also, Exhibit B has been revised and incorporated by this reference. 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, including applicable WSST $ Net Change by Previous Amendments including applicable WSST $ Current Contract Amount including all previous amendments $ Current Amendment Sum $ Applicable WSST Tax on this Amendment $ Revised Contract Sum $ Original Time for Completion 1213i1I1 (insert date) Revised Time for Completion:under nla prior Amendments (insert date) Add'] Days Required (f) for this 365 calendar days Amendment Revised Time for Completion i2i3112a (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 eater into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties Below have executed this Amendment, which will became effective on the last date written below. -- - -__ — . — . , , I 9� By. a-- r L;IrLOW K: {signature) Print Name: a0 AZ L�,�f;p,8'��d'L Its e%, (titre) DATE: ATTEST: k�t 6MA Kent City Clerk S"Cbrer Dr ign - M1'III CteO e[ 76" Rmd 1/Smitn AMENDMENT - 2 OF 2 CITY OF KCNT: By; 04 (signature), Print Name: Carla Malone P.E. Its ❑esi n En ineerin Mana er DATE: I IID h, tile} APPROVED AS T FFARM: (aRplica6le if Mayor's signature required) Kent Law Department EXHIBIT B INSURANCE REQUIREMENTS FORCONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. EXHIBIT B (continued) 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. L�oRo CERTIFICATE OF L IABILITY INSURANCE DATE(MM/DD/YYYY) 2/4/2021 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 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 AssuredPartners of Washington. LLC coNTACr NAME_ Sally Wallace 19660 10th Ave NE PHONE - - FAx Poulsbo WA 98370 (A/C, No, Ext): 360-598-5028 E-MAIL — (Aic, No): 360-598-5028 --TA sally.wallace@assuredpartners.com --- _ - INSURER(S)AFFORDING COVERAGE _ __ _ INSURER A: Travelers Casualty and Surety Co. of America _ AIC # INSURED - -- - - - - Shearer Design LLC 12609 - - - - - - - - 31194 _ INSURER B 6013 6th AVE NW INSURER C : I - Seattle WA 98107 S - - NSURER D : - -- - --- - INSURERE: - - - - -- - - - - - -- -- -- - - - - COVERAGES INSURER F: CERTIFICATE NUMBER:697743754 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAREVISION D NUMBER: OR 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. VSR --_-----._- . -TR TYPE OF INSURANCE ADDL SUBR. - -- - - - - - - - - -- - POLICY EfF -- - INSD WVD POLICY NUMBER POLICY EFF POLICY EXP - - COMMERCIAL GENERAL LIABILITY MM/DD/YYYY MM/DD/YYYY LIMITS CLAIMS -MADE OCCUR _ EACH OCCURRENCE S - - DAMAGE TO RENTED -- - - -- -- - - - _ PREMISES (Ea occurrence)_ _ s_ _ -_ - - - MEI EXP (Any one person) S _G_EN'L AGGREGATE LIMIT APPLIES PER: PERSONAL & ADV INJURY S_ - -POLICY - PRO- _ _ LOC GENERAL AGGREGATE _ S OTHER: PRODUCTS -_COMP/OP AGG S_ AUTOMOBILE LIABILITY S - -- - ANY AUTO COMBINED SINGLE LIMIT IEa accident S OWNED SCHEDULED -. AUTOS ONLY _ AUTOS _ _ _ BODILY INJURY (Per person) S _ _ HIRED NON -OWNED _ _AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) S PROPERTY DAMAGE - - - - - - -- -- - - -(Per accident)_ S UMBRELLA LIAB OCCUR S - EXCESS LIAB _ CLAIMS-MADE EACH'OCCURRENCE S DED RETENTIONS AGGREGATE S WORK - - - - - -- L-COMPENSATION AND EMPLOYERS' LIABILITY S Y/N ANYPROPRIETOR/PgRTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A PER OTH- _ _STATUTE- _ ER - -- - - - - -- (Mandatory in NH) E.L. EACH ACCIDENT - -- S If yes, describe under -- - - -- - - -- - - - - - - DESCRIPTION OF OPERATIONS below -E_L. DISEASE - EA E_MP_LOYE_E_S_ A Professional Liab: Claims Made 106223080 E.L. DISEASE - POLICY LIMIT S 1/11/2021 1/11/2022 Per Claim $2,000,000 A Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Project: MillCreek 76th Remarks Schedule, may be at Culvert Replacement attached if more space is required) 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 W Gowe St Kent WA 98032-6019 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/O�v The ACORD name and logo are registered marks of AC RDORD CORPORATION. All rights reserved.