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HomeMy WebLinkAboutCAG2020-341 - Amendment - #4 - Shearer Design, LLC - Mill Creek & 76th Ave S Flood Protection - 03/08/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. Originator: Department: Nancy Y for Susanne Smith Public Works Date Sent: Date Required: c 03/08/2023 03/10/2023 CL Director or Designee to Sign. Date of Council Approval: CL Q Interlocal Agreement Uploaded to Website ❑✓ N/A Budget Account Number: Grant?[:]YesE]No D90121 Budget?R]Yes:No Type: N/A Vendor Name: Category: Shearer Design, LLC Contract Vendor Number: Sub-Category: = Amendment 0 Project Name: Mill Creek and 76th Avenue S Flood Protection E c Project Details: Provide structural review and construction support for the project. � pp p J c c a� E Agreement Amount: $1 O 000 Basis for Selection of Contractor: Direct Negotiation 47 `Memo to Mayor must be attached 3- Start Date: 03/08/2023 Termination Date: 12/31/2024 Q Local Business?F--]YesF--]No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: FlYesF]No Comments: a1 G 3 4) H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: ac«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 • KENT WASHi N-3N AMENDMENT NO. 4 NAME OF CONSULTANT OR VENDOR: Shearer Design, LLC CONTRACT NAME & PROJECT NUMBER: Mill Creek and 761h 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: Provide structural peer review and construction support for the project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A 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, $13,536 including applicable WSST Net Change by Previous Amendments $6,909 including applicable WSST Current Contract Amount $20,445 including all previous amendments Current Amendment Sum $10,000 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $30,445 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/21 (insert date) Revised Time for Completion under 12/31/24 prior Amendments (insert date) Add'] Days Required (f) for this D 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 date written below. CONS TANT/VENDOR: CITY OF KENT: Chad Bieren Chad Bieren 2023.03.08 P'Y By: 08:46:22-08'00' (signature) (signature) Print Name: IDX�NJ ) Print Name: Chad Bieren P.E. Its 4\-J I)r q— Its Public Works Director (title) (title) DATE: Z-> ❑ATE: ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department Shearer hesrgn-Mill Creek&76"Rood Pro tecdan amd 41smith AMENDMENT - 2 OF 2 EXHIBIT A SHEARER RESIGN ■■ SHEARER DESIGN ��� �� Bridge Design, Construction Engineering and Infrastructure Aesthetics 6013 6th Ave NW Seattle,WA 98107 (206)371-9005 February 16, 2023 City of Kent Public Works Operations 440 Gowe Street Kent, WA 98032 Subject: Mill Creek & 76th Ave S culvert replacement project, Structural Support Attn: Susanne Provencio Smith Dear Ms. Smith: We are happy to provide engineering services to the City of Kent with Structural peer review and construction support for the Mill Creek & 76th Ave S. culvert replacement project. As I understand it, we may best assist the City with the following scope of services. Plans and Specification Review Under this task we shall review and comment on the plans and specifications developed for the proposed culverts and bridge. Construction Support Review Under this task we shall review and comment on contractor provided documents. The review may include the following: • RFIs • Shop Drawings • Material Certificates Deliverables: • Summary Letter • Marked up Drawings and Specifications Please see the enclosed spreadsheet for a summary of our estimated cost and hours for this project. We look forward to working with you. If you have any questions, please feel free to call. We will await work until written NTP is received from the City. Sincerely, David R. Shearer S.E. Principal Bridge Engineer SHEARER DESIGN https://d.docs.live.net/4aec0abfa49eed78/Desktop/Shearer Design/D Drive/Admin/Job Contracts/C-306 72nd culvet Q.C.review/0306 City of KentCulvert Review Scope Il.docx COMPENSATION Shearer Design LLc Shearer Design (206)371-9005 Project Mill Creek&76th Ave S culvert replacement project, Structural Support Date Thursday,February 16,2023 City of Kent Susanne Provencio Smith Prepared By DRS (253)856-5553 Principal Sr.Engineer Proj.Engineer Staff Engineer Plans and Specification Review Estimate Consstruction Support Review Estimate Sub Totals 0 0 0 Billing Rates $141.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 Sum totals fully burdened cost $10,000.00 Indirect Cost Mylars 0 $150 $ - Mileage 0 0.56 $ - Expense Total $ - Sub Total Labor A $10,000.00 Expenses B $0.00 Subconsultants 0 Subconsultants C $0.00 Total A+B+C $10,000.00 Shearer Design LLC Personal Services Agreement 71/10/2023 E(MM/DDYYY) A�" CERTIFICATE OF LIABILITY INSURANCE IY 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 CONTACT NAME: Lynn Hotchkiss Assured Partners of Washington PHONE FAx 19698 7th Ave NE, STE 183 PMB#369 AIC No Ext: 360-293-2385 A/c No):360-293-2385 Poulsbo WA 98370 ADDRESS: lynn.hotchkiss@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Casualty and Surety Co of America 31194 INSURED 12609 INSURER B: Shearer Design LLC 6013 6th AVE NW INSURERC: Seattle WA 98107 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:905012546 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDIYYYY MM/DDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO CLAIMS-MADE1:1 OCCUR PREMISES (E.occur ante) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO- POLICY ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab:Claims Made 106223080 1/11/2023 1/11/2024 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:MillCreek at 76th Culvert Replacement CERTIFICATE HOLDER 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. City of Kent 400 W Gowe St AUTHORIZED REPRESENTATIVE Kent WA 98032-6019 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD