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Home My WebLink AboutCAG2021-022 - Amendment - #5 - EarthCorps - Mill Creek Canyon Trail Assessment - 03/23/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: BL KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: KateLynn Jennings for Bryan Higgins Parks, Recreation & Community Services Date Sent: Date Required: > 3/16/2023 Soonest possible please O Q Authorized to Sign: Date of Council Approval: QMayor or Designee N/A Budget Account Number: Grant? Yes NOW] P21056 Budget?W]Yes E]No Type: N/A Vendor Name: Category: EarthCorps Contract Vendor Number: Sub-Category: = 57252 Amendment O Project Name: Mill Creek Canyon Trail Assessment 3- Project Details: Amendment 5 to add additional consultation services including site visits,trail route 0- planning, and collaboration meetings with city staff. C C EO Basis for Selection of Contractor: � Agreement $15,000 Other *Memo to Mayor must be attached i Start Date: 1/25/2021 Termination Date: 3/31/2024 Q Local Business? Yes Who*If meets requirements per KCC3.70.100,please complete"VendorPurchose-Locol Exceptions"form onCityspace. Business License Verification: ❑Yesw]In-ProcessD Exempt(KCC 5.01.045) W1 Authorized Signer Verified Notice required prior to disclosure? Contract Number: E]YesW1No CA 2021-022 JL Comments- Contract Folder 3 C C 3 O cc a, a, cc Date Received:City Attorney: 3/28/23 Date Routed:Mayor's Office 3/29/23 City Clerk's Office3/31/23 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 • KENT W A S H I N G T O N AMENDMENT NO. 5 NAME OF CONSULTANT OR VENDOR: EarthCorps CONTRACT NAME & PROJECT NUMBER: Mill Creek Canyon Trail Assessment ORIGINAL AGREEMENT DATE: 01/25/2021 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: As described in attached Exhibit A, incorporated herein, consultant shall provide additional consultation services including site visits, trail route planning, and collaboration meetings with city staff. 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, $9,500.00 including applicable WSST Net Change by Previous Amendments $8,144.58 including applicable WSST Current Contract Amount $17,644.58 including all previous amendments Current Amendment Sum $15,000.00 Applicable WSST Tax on this $N/A Amendment Revised Contract Sum $32,644.58 AMENDMENT - 1 OF 2 Original Time for Completion 04/30/2021 (insert date) Revised Time for Completion under 03/31/2023 prior Amendments (insert date) Add'1 Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 03/31/2024 (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:Fvlvn ndradP(Mar70,70?3 71:56 PDT) By- Print Name: Evlyn Andrade Print Name: Dana Ralph Its Executive Director Its Mayor DATE: 3/20/23 DATE: 03/23/2023 ATTEST: APPROVED AS TO FORM: (a olicable if Mayor's signature required) Kent City Clerk Kent' aw Department P:\Planning\Mill Creek Earthworks Park\Trail Renovation PK21-02\Trails Assessment 2021\Trail Assessment-EarthCorps-AMENDMENT 4 AMENDMENT - 2 OF 2 Exhibit A I!-- Scope of Work Prepared for: From: Bryan Higgins, Parks Capital Project Manager Whitney Bowman Parks Planning and Development, Parks, Recreation and Cultural Services EarthCorps 220 Fourth Ave S 6310 NE 74th Street Kent,WA 98032 Suite 201E 98032 Seattle,WA 98115 Tel: 253-856-5113 (206)322-9296 Cell:206-348-4957 whitnev(d)earthcorps.orq Email: BHiggins@kentwa.gov CC: EC Project Managers: Date: 3/7/2023 Mahleah Grant Name of Project: Mill Creek Canyon Trail Assessment Sean Day Agency Contract No.: EarthCorps Project No.: 309-21-01 Narrative Scope of Work: Task 1:Consultation services includes site visits and collaboration meetings Dates and Crew I #Crew Days I Daily or Hourly) Materials Name or PM Hours Rate Cost Subtotals Task 1:Site Visits Project Management 120 $ 95.00 $ 11,400.00 Materials Transportation $1,100.00 $ 1,100.00 $ 12,500.00 Project Management $ 11,400.00 Materials $ 1,100.00 Subtotal $ 12,500.00 Contingency 20% $ 2,500.00 TOTAL FEE $ 15,000.00 TOTAL PAYABLE $ 15,000.00 Issue Date 5/21/2022 Cert#:0000025969 Non Profit Insurance Program Certificate of Coverage THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUE 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 be endorsed If SUBROGRATION IS WAIVED,subject to the terms and conditions of the policy,certain coverage may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY 451 Diamond Drive American Alternative Insurance Corporation,et al. Ephrata,WA 98823 AUTOMOBILE LIABILITY American Alternative Insurance Corporation,et al. INSURED PROPERTY American Alternative Insurance Corporation,et al. Earthcorps MISCELLANEOUS PROFESSIONAL LIABILITY 6310 ONE 74th Street,Suite 201 E Princeton Excess and Surplus Lines Insurance Company Seattle,WA 98115 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF 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. TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP DESCRIPTION LIMITS DATE DATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013-13 6/1/2022 6/1/2023 PER OCCURRENCE $5,000,000 OCCURRENCE FORM PER MEMBER AGGREGATE $10,000,000 INCLUDES STOP GAP PRODUCT-COMP/OP $5,000,000 PERSONAL&ADV.INJURY $5,000,000 (LIABILITY IS SUBJECT TO A$250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 AUTOMOBILE LIABILITY ANY AUTO N1-A2-RL-0000013-13 6/1/2022 6/1/2023 COMBINED SINGLE LIMIT $5,000,000 (LIABILITY IS SUBJECT TO A$250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE PROPERTY N1-A2-RL-0000013-13 6/1/2022 6/1/2023 ALL RISK PER OCC EXCL EQ&FL $75,000,000 EARTHQUAKE PER OCC $1,000,000 FLOOD PER OCC $1,000,000 (PROPERTY IS SUBJECT TO A$250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE MISCELLANEOUS PROFESSIONAL LIABILITY N1-A3-RL-0000060-13 6/1/2022 6/1/2023 PER CLAIM $5,000,000 (LIABILITY IS SUBJECT TO A$250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Regarding restoration and maintenance activities on City of Kent properties.The City ofKent is named as Additional Insured regarding these activities only and is subject topolicy terms,conditions and exclusions.The NPIP policy is primary and noncontributory.The NPIP policy requires a 90 day notice of cancellation. 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. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE City of Kent 220 4th Ave S Kent,WA 98032 AMERICAN ALTERNATIVE INSURANCE COMPANY ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) Named Insured Non Profit Insurance Program NPIP Policy Number Endorsement Effective N1-A2-RL-0000013-13 6/1/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. Schedule Person or Organization(Additional Insured): As Per Schedule on file with Clear Risk Solutions,Underwriting Administrator City of Kent 220 4th Ave S Kent,WA 98032 Regarding restoration and maintenance activities on City of Kent properties.The City ofKent is named as Additional Insured regarding these activities only and is subject topolicy terms,conditions and exclusions.The NPIP policy is primary and noncontributory.The NPIP policy requires a 90 day notice of cancellation. A. With respects to the General Liability Coverage Part only,the definition of Insured in the Liability Conditions,Definitions and Exclusions section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule.Such Person or Organization is an Insured only with respect to liability for Bodily Injury,Property Damage,or Personal and Advertising Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In performance of your ongoing operations;or 2. In connection with your premises owned or rented to you. B. The Limits of Insurance applicable to the additional Insured are those specified in either the: 1. Written contract or written agreement;or 2. Declarations for this policy, whichever is less.These Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations. All other terms and conditions remain unchanged. Includes copyrighted material of the Insurance Services Office, Inc.,with its permission Signature: Ten-ti ,7Gt1 awan Signature: Terry Jun man(Mar It,202309:45 PDT) Email: tjungman@kentwa.gov Email: rlashley@kentwa.gov Signature: so ill I LB✓8{l�'1GAGIBn Brian Levenhagen(Mar 21,202 08:55 PDT) Email: bjlevenhagen@kentwa.gov E-TRANSMITTAL: Trail Assessment-Ea rthCorp s-AMENDMENT 5 Final Audit Report 2023-03-21 Created: 2023-03-16 By: KateLynn Jennings(kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAHH90ODkI1kj8LJG5ozo-idkg1011Trsy "E-TRANSMITTAL: Trail Assessment-EarthCorps-AMENDMEN T 5" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2023-03-16-3:52:10 PM GMT-IP address: 146.129.252.126 Document emailed to tjungman@kentwa.gov for signature 2023-03-16-3:53:51 PM GMT Email viewed by tjungman@kentwa.gov 2023-03-16-4:44:45 PM GMT-IP address: 104.47.65.254 Signer tjungman@kentwa.gov entered name at signing as Terry Jungman 2023-03-16-4:45:23 PM GMT-IP address: 146.129.252.126 Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date:2023-03-16-4:45:25 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to Ronald Lashley (rlashley@kentwa.gov)for signature 2023-03-16-4:45:27 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2023-03-18-0:03:49 AM GMT-IP address: 104.47.65.254 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date:2023-03-18-0:06:01 AM GMT-Time Source:server-IP address: 146.129.252.126 P4 Document emailed to whitney@earthcorps.org for signature 2023-03-18-0:06:03 AM GMT Email viewed by whitney@earthcorps.org 2023-03-20-8:28:43 PM GMT-IP address: 104.47.73.254 Powered by r � Adobe T Acrobat Sign E= Signer whitney@earthcorps.org entered name at signing as Evlyn Andrade 2023-03-21 -4:56:36 AM GMT-IP address: 107.1.240.188 Ea Document e-signed by Evlyn Andrade (whitney@earthcorps.org) Signature Date:2023-03-21 -4:56:38 AM GMT-Time Source:server-IP address: 107.1.240.188 Document emailed to bjlevenhagen@kentwa.gov for signature 2023-03-21 -4:56:39 AM GMT Email viewed by bjlevenhagen@kentwa.gov 2023-03-21 -3:54:57 PM GMT-IP address: 104.47.65.254 E= Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2023-03-21 -3:55:28 PM GMT-IP address: 146.129.252.126 EY Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2023-03-21 -3:55:30 PM GMT-Time Source:server-IP address: 146.129.252.126 Agreement completed. 2023-03-21 -3:55:30 PM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. 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