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HomeMy WebLinkAboutCAG2020-341 - Amendment - #3 - Shearer Design LLC - Mill Creek & 76th Ave S Flood Protection - 11/02/2022Nancy Y for Susanne Smith Public Works 11/02/2022 11/04/2022 N/A D90121 N/A Shearer Design, LLC Contract Amendment Mill Creek & 76th Avenue S. Flood Protection Extend the time of completion to December 31, 2024. Other 12/31/2024 $0 CAG2020-341 11/4/22 AMENDMENT - 1 OF 2 AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: Shearer Design, LLC CONTRACT NAME & PROJECT NUMBER: Mill Creek and 76th Avenue South Flood Protection 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, 2024 due to design is still in progress and may need consulting during project advertisement and construction. 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 12/31/21 (insert date) Revised Time for Completion under 12/31/22 prior Amendments (insert date) Add'I Days Required (±) for this 730 calendar days Amendment Revised Time for Completion 12/31/24 (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 elate written below. CONSULTANT/VENDOR: By: (signature) Print Name: f_0 e_F,\ Its 5 (title) DATE: ATTEST: k�;t A�XA Kent City Clerk Shearer - M,II C-tek & 761 Flml Rrawmc Rmd WS—th CITY OF KENT: (signature Print Name: Carla Malon P.E. Its Desi n Enaineering Manager (r• DATF:-�NI2�� APPROVED AS TO FORM: (applicable irMayor's signature required) Kent Law Department AMENDMENT - 2 OF 2 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1/11/2022 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 ,LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED _ _cPRESENTATIVE 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 �uniwwi SalimWallace AssureclPartners of Washington PHo� 19698 7th Ave NE, STE 183 PMB#369 Itl• 360-598-5028 AIL Poulsbo WA 98370 ADDRRESS-, Sally.Wallace@a America INSURED Shearer Design LLC 6013 6th AVE NW Seattle WA 98107 COVERAGES CERTIFICATE NUMBER: 1246829863 REVISION NUMBER: 360-598-5028 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. ILTR TYPE OF INSURANCE Add SUER POLICYNUMBER MMr_lJQ POLICYeI:F MM/DD POLICY nrP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCEJJAMAJ34 $ TO REIN kw PREMISES IEaoccurrenrs $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY j�C'{' LOC OTH ER: GENERAL AGGREGATE $ PRODUCTS-COMP/OPAGG $ $ AUTOMOBILE 0 LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBIkED IMn" EB accklanl $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYD AGE Per acddenl $ $ UMBRELLALIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEA I I RETENTION $ $ WORKERS COMPENSATIONFT"_ EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L- UISEASE - POLICY LIMIT $ A Professional Llab: Claims Made 106223080 1/11/2022 1/11/2023 Per Claim Aggregate $2,000,000 $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) Project: MillCreek at 76th Culvert Replacement L.I=m I IrIL.iAi L r1UL wr_m GANt,VLLAI IUN City of Kent 400 W Gowe St Kent WA 98032-6019 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 O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD