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HomeMy WebLinkAboutCAG2022-344 - Amendment - #1 - WSP USA Environment & Infrastructure (new name) - S. 224th Street Projects Wetland Mitigation - 07/08/2023 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: Karin Bayes for ]ason Bryant Public Works Date Sent: Date Required: c 07/31/2023 8/7/2023 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 Budget?:Yes:No Type: N/A Vendor Name: Category: WSP USA Environment&Infrastructure(formerly Wood Contract Environment and Infrastructure Vendor Number: Sub-Category: = Amendment 0 Project Name: S 224th Street Wetland Mitigation E Project Details:Consultant shall continue to provide remediation construction = support services for the S. 224th Street Projects Wetland Mitigation c 40 40 Agreement Amount: 0.00 Basis for Selection of Contractor: Direct Negotiation 4) `Memo to Mayor must be attached 3- Start Date: Upon Signature Termination Date: 12/31/2023 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 CAG2022-344 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 WASHINGTON AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: WSP USA Environment & Infrastructure Inc. CONTRACT NAME & PROJECT NUMBER: S. 224th Street Projects Wetland Mitigation ORIGINAL AGREEMENT DATE: August 19, 2022 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 scope of work, however an amendment is needed to extend the time of completion to December 31, 2023 due to the project will not be completed by the time of contract completion. 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, $68,224 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $68,224 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $68,224 AMENDMENT - 1 OF 2 Original Time for Completion 6/30/2023 (insert date) Revised Time for Completion under nla prior Amendments (insert date) Add'I Days Required {f] for this 184 calendar days Amendment Revised Time for Completion 12/31/2023 (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: 4 By: By: ,. ., (signature) V (signature) Print Name: Sean Gormley Print Name: Eric Connor Its E&I Operations Manager Its Construction Manager (title) (title) DATE: 7/28/2023 DATE: 7�28�2023 ATTEST: APPROVED AS TO FORM: (applicable if Mayors signature required) k�;u A�� Kent City Clerk Kent Law Department AMENDMENT - 2 OF 2 7 ® DATE(MWDD/YYYY) A�O CERTIFICATE OF LIABILITY INSURANCE 5/1/2023 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: AJG Service Team _ _ Arthur J. Gallagher Risk Management Services, LLC PHONE 94 7100 lac NoJ_212-994 7047 300 Madison Avenue Eac."°EX� 212-9_._-_.—-- — --- 28th Floor E-MAIL AODREss: GGB.WSPUS.CERTREQUE_STS AJG.COM New York NY 10017 _ INSURER(S)AFFORDINGCOVERAGE _ NAIC#_ INSURER A: Liberty Insurance Corporation 42404 INSURED WSPGLOB-01 INSURER B:Zurich American Insurance Company _- 16535 WSP USA Environment& Infrastructure Inc. — —— f/k/a Wood Environment& Infrastructure Solutions INSURERc: 1075 Big Shanty Rd. Suite 100 INSURERD: Kennesaw GA 30144 INSURER E: __— INSURER F: COVERAGES CERTIFICATE NUMBER:821888446 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. _ ADDL SUBR POLICY EFF POLICY EXP NNSIT TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY GLO9835819-10 5/1/2023 5/1/2024 EACH OCCURRENCE _ _$3,500,000 � DAMAGE—TOR $3,500,000 CLAIMS-MADE •- OCCUR PREMISES(Ea occurrence -- MED_EXP(Anyone person) PERSONAL&ADV_INJURY_ $3,500,000 GEN'L AGGREGATE LIMIT APPLIES PER: _GENERAL AGGREGATE _ $7,000,000 X POLICY C_J PRO- �_] LOG PRODUCTS-COMP/OP AGG $4,000,000 -- --- $ OTHER: A AUTOMOBILE LIABILITY AS7-621-094060-033 5!1/2023 5/1/2024 COMBINED SINGLE LIMIT 5 Ea accident) $ ,000.000 X 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 $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB _ CLAIMS-MADE AGGREGATE DED RETENTION$ _ $ A WORKERS COMPENSATION WA7-62D-094060-013 5/1/2023 5/1/2024 X STATUTE PEROERH_ A AND EMPLOYERS'LIABILITY y/N WA7-62D-095609-073 5/1/2023 5/1/2024 -- A ANYPROPRIETOR/PARTNER/EXECUTIVE E.L EACH N/A WC7-621-094060-913 5/1/2023 5/1/2024 E. EACHACCIDENT _ $2,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION. RE:Project Description: Cleanup Action Plan for the 224th Street Project Wetland Remediation,Consultant Services Agreement. Certificate Holder is Included as Additional Insured with respect to the General Liability and Automobile Liability policies as required by written agreement, pursuant to and subject to the policy's terms,definitions,conditions and exclusions. 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. 220 Fourth Avenue South Kent WA 98032 AUTHORIZED REPRESENTATIVE USA -- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy#GL0484608502 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Wolters Kluwer Financial Services,Inc.I Uniform Forms POLICY NUMBER: GL04846085-02 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization(s) Locations Of Covered Operations Any person or organization, other than an architect, Any Location or project, other than a wrap-up or other engineer, or surveyor, whom you are required to add as consolidated insurance program location or project, an additional insured under this policy under a written for which insurance is otherwise separately provided contract or written agreement executed prior to loss. to you by a wrap-up or other consolidated insurance program Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 Wolters Kluwer Financial Services,Inc.i Uniform Forms C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL04846085-02 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization—s Location And Description Of Completed Operations Any person or organization, other than an architect, Any Location or project, other than a wrap-up or other engineer, or surveyor, whom you are required to add consolidated insurance program location or project, for as an additional insured under this policy under a which insurance is otherwise separately provided to written contract or written agreement executed prior to you by a wrap-up or other consolidated insurance loss. program Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is ,property damage" caused, in whole or in part, by required by a contract or agreement, the most we your work' at the location designated and described in the Schedule of this endorsement will pay on behalf of the additional insured is the performed for that additional insured and included amount of insurance: in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Wolters Kluwer Financial Services, Inc.I Uniform Forms