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HomeMy WebLinkAboutCAG2021-320 - Amendment - #2 - Axis Surveying and Mapping, Inc. - West Hill Reservoir Survey & Mapping Services - 05/02/2022Nancy Y. for Phil McConnell Public Works 05/02/2022 05/04/2022 N/A W20054 N/A Axis Surveying and Mapping, Inc.Contract Amendment West Hill Reservoir Extend the time of completion to September 30, 2022. Other 09/30/2022 $0 CAG2021-320 5/3/2022 AMENDMENT - 1 OF 2 AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Axis Surveying and Mapping, Inc. CONTRACT NAME & PROJECT NUMBER: West Hill Reservoir ORIGINAL AGREEMENT DATE: June 8, 2021 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 September 30, 2022 due to construction of the reservoir is behind schedule due to supply chain issues. 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 12/31/22 (insert date) Revised Time for Completion under 6/30/22 prior Amendments (insert date) Add'I Days Required (±) for this 92 calendar days Amendment Revised Time for Completion 9/30/22 (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/VENDO CITY OF KENT: By: By: . (signature) (signature) Print Name: 1d4X away-r Print Name: Eric Connor Its "4-2,e,r-a-mA Its Construction Manager (title) (title) DATE: �Z%ZZ DATE: 5/2/22 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) L;t A�IA Kent Law Department Kent City Clerk Axis Surveying & Mapping - West Hill Reservoir Amd 2/McConnell AMENDMENT - 2 OF 2 .4►++ CERTIFICATE OF LIABILITY INSURANCE DAT 6/07/ DIYYY1r) oro7/2o21 THIS S 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(les) 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 NAME: Marlbeth SUgg Assurance Risk Managers, Inc. PHONE (303) 454-9562 AIC No ; (303) 454.9564 AIK No. at 10651 East Bethany Drive A00RESS: maribsth.sugg@arm Loom Suite 300 INSURER(S) AFFORDING COVERAGE NAIC 0 Aurora CO 80014-2688 INSURER A: RLI Insurance Co 13M INSURED INSURER B : Alaska National Insurance Axis Surveying & Mapping Inc INSURER C : Hanover Insurance Company 22292 15241 NE 90th St Ste 100 INSURER D : INSURER E Redmond WA 98052-3561 INSURER F : COVERAGES CERTIFICATE NUMBER: 21.22GLALXSEOUSLH 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. LTR TYPE OF INSURANCE O WVD POLICY NUMBER MMIOp MMJOD - LIMITS _ X' COMMERCIAL GENERAL LIABILITY FACH OCCURRENCE $ 1,000,000 CLAIMS -MADE Fx] OCCUR PREMISES nPIMETOR N 17EDrnco $ 1,000,000 X WA Stop Gap Liability MED EXP (Any,one porsonl i 1,0000 q Y PSB0003441 05/15/2021 05/15/2022 PERSONAL & ADV INJURY f 1,000,000 GENT AGGREGATE LIMITAPPLIES PER POLICY ® PECT LOC OTHER PSA0001777 05/15/2021 05/15/2022 -- -- PRODUCTS - COMPIDP AGG 2,000.000 S _ Stop Gap Liability E01r1Brcon SINGLE LI !T $ 1,000,000 $ 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON-OWNED(Par AUTOS ONLY AUTOS ONLY Y BODILY INJURY (Per peraon) $ BODILY INJURY (Per accident) $ PROPERTY Op,UAA ar4dani S $ 5.000,000 A UMSRELLALUIB EXCESS LIAR X OCCUR CLAIMS -MADE PSE0002001 21 E WU 08989 Federal USLH 05/15/2021 05/15/2021 - - 05115/2022 EACH OCCURRENCE $ AGGREGATE s 5,000,000 `�[ s DED RETENTION S 05/15/2022 _ S ATUTE � ER B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPAR7NER(EXEOUTNE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If vas, describe under DESCRIPTION OF OPERATIONS below NIA E L. EACH ACCIDENT 1,000,000 S E.L. DISEASE - EA EMPLOYEE S 1,000,000 E L DISEASE -POLICY LIMIT S 1,000,000 C Professional Liability Claim Made Policy LH4 A305564 07 05/15/2021 05/15/2022 Each Claim Aggregate 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is required) City of Kent is an additional insured as their interest may appear when required by written contract. Coverage is on a primary & non-Gontlbutory basis CERTIFICATE HOLDER City of Kent 220 Fourth Ave South Kent ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE WA 98032 1 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSA0001777 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ►APPLICABLE FORMS & ENDORSEMENTS FORMS AND ENDORSEMENTS LISTED BELOW APPLY TO AND ARE MADE PART OF THIS POLICY AT TIME OF ISSUE. Form Number Form Title CA0001 1120 BUSINESS AUTO COVERAGE FORM PPA300WA 03 13 RLIPack BUSINESS AUTO ENHANCEMENT PPK2108 05 11 RLIPACK NOTICE OF CANCELLATION OR NONRENEWAL - DESIGNATED PERSON OR ORGANIZATION PSA2345 12 20 PUBLIC OR LIVERY PASSENGER CONVEYANCE AND ON -DEMAND DELIVERY SERVICES EXCLUSION CA9903 1013 AUTO MEDICAL PAYMENTS COVERAGE CA0135 02 21 WASHINGTON CHANGES CA213410 13 WASHINGTON UNDERINSURED MOTORISTS COVERAGE CA2257 1013 WASHINGTON PERSONAL INJURY PROTECTION - NAMED INDIVIDUALS PPA446 09 11 STATE OF WASHINGTON WAIVED PREMIUM ENDORSEMENT IL0123 1113 WASHINGTON CHANGES - DEFENSE COSTS IL0146 08 10 WASHINGTON COMMON POLICY CONDITIONS IL0198 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) IL0003 09 08 CALCULATION OF PREMIUM ILF0001C 0416 SIGNATURE PAGE ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. RIL 2150 (08/08) Page 1 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.I. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own 'business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or '"property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any ,person or organization to the extent required of you by a contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F. Fellow Employee Coverage SECTION II — COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in -force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and PPA 300WA 03 13 Page 2 of 6 Policy Number: PSB0003441 RLI Insurance Company Named Insured: Axis Surveying & Mapping, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1