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HomeMy WebLinkAboutCAG2023-422 - Amendment - #1 - Terracon Consultants, Inc. - Washington Avenue Pump Station - 12/2/24 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: Dani Hodgins for Jason Bryant Public Works Date Sent: Date Required: 0 12/02/2024 12/5/2024 CL Director or Designee to Sign. Date of Council Approval: Q N/A Budget Account Number: Grant?[:]YesZNo D20085 Budget?R]Yes:No Type: N/A Vendor Name: Category: Terracon Consultants, Inc. Contract Vendor Number: Sub-Category: = Amendment 0 Project Name: Washington Avenue Pump Station E �° ProjectDetails:Additional time is needed as construction in ongoing and will = continue into 2025. c 411 g $16 508 other Agreement Amount: Basis for Selection of Contractor: 47 `Memo to Mayor must be attached 11- Start Date: 12/2/2024 Termination Date: 12/31/2025 Q Local Businessf-TesF�No* If meets requirements per KCC3.70.100,pleose complete'Vendor Purchase-Locol Exceptions"form onCityspoce. Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: Yes:✓ No CAG2023-422 Comments: a1 G 3 4) H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: 12/2/24 Interlocal Agreement has been uploaded to website: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 • KENT WASHINGTON AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Terracon Consultants, Inc. CONTRACT NAME & PROJECT NUMBER: Washington Avenue Pump Station ORIGINAL AGREEMENT DATE: August 3, 2023 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: An amendment for additional time is necessary as construction is ongoing and will continue into 2025. 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, $16,508 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $16,508 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $16,508 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/2024 (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 12/31/2025 (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: By: CQIC' <jB�i�JiB2 Print Name: Kevin Graham Print Name: Eric Connor Its Office Manager Its: Construction Engineering Manager DATE: 11/2 6/2 4 DATE: December 2, 2024 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) I`mk Kent City Clerk Kent Law Department P:\Ad min\Contracts\Da n i AMENDMENT - 2 OF 2 / 1 ® DATE(MM/DD/YYYY) AC"R o CERTIFICATE OF LIABILITY INSURANCE 4/t/2025 3/20/2024 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). CONTACT PRODUCER Lockton Companies,LLC NAME: 444 W.47th Street,Suite 900 PHONE FAX No A/C No Ext: Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: kcasu@lockton.com lOCktOn.COm INSURER(S)AFFORDING COVERAGE _ NAIC# INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURER B:Allied World Assurance Company(U.S.)Inc. 19489 1312891 TERRACON CONSULTANTS,INC. 20225 CEDAR VALLEY ROAD,SUITE 110 INSURER C:The Travelers Indemnity Company 25658 LYNNWOOD WA 98036 INSURER D:The Travelers Indemnity Company of America 25666 INSURER E:Lloyds of London INSURER F: COVERAGES CERTIFICATE NUMBER: 19792089 REVISION NUMBER: XXXXXXX 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 NUMBER MMIDD/YEYYY MMIDDIYYYY LIMITS LTRIN vivo A X COMMERCIAL GENERAL LIABILITY Y N TC2J-GLSA-9P529930 4/1/2024 4/1/2025 EACH OCCURRENCE $ 2,000,000 To CLAIMS-MADE 1XI OCCUR PREMISES(E.occurrence) $ 1,000,000 X CONTRACTUAL LIAB ME EXP(Any one person) $ 25,000 X XCU COVERAGE PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY�X JECOT LOC PRODUCTS-COMP/OP AGG $ 4000000 OTHER: A AUTOMOBILE LIABILITY Y N TC2J-CAP-131J3858 4/l/2024 4/1/2025 COEaMBI accidentdent) GLELIMIT $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident $ XXXXXXX A x UMBRELLA LIAB NX OCCUR Y N CUP-4W208814 4/1/2024 4/l/2025 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5 000 O00 DED FXTRETENTION$ $0 PER S XXXXXXX WORKERS COMPENSATION N UB-1T88663A AOS 4/1/2024 4/1/2025 X STATUTE EORH D AND EMPLOYERS'LIABILITY Y/N C ANY PROPRIETOR/PARTNER/EXECUTIVE UB-IT885681(AZ,MA,WI) 4/1/2024 4/1/2025 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 DESCRIPTION OF OPERATIONS below B CONTRACTORS N N 0312-6506 4/l/2023 4/l/2025 $10,000,000 EACH POLLUTION LIAB OCCURANCE/AGGREGATE E PROFESSIONAL LDUSA2405180 4/l/2024 4/1/2025 $1,000,000 EACH CLAIM/$1,000,000 LIABILITY I AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:WASHINGTON AVENUE PUMP STATION PROJECT. CITY OF KENT IS ADDITIONAL INSURED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AS RESPECTS TO GENERAL,AUTO,AND EXCESS/UMBRELLA LIABILITY IF REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 19792089 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF KENT 220 FOURTH AVENUE SOUTH AUTHORIZED REPRESENTATIV KENT WA 98032 ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 7 Miscellaneous Attachment:M482524 Certificate ID: 19792089 COMMERCIAL GENERAL LIABILITY TC2J-GLSA-9P529930 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II—WHO IS AN INSURED: a.The Additional Insured—Owners,Lessees or Contractors Any person or organization that: —Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13,the Additional Insured— a.You agree in a written contract or agreement to include as an Owners,Lessees or Contractors—Completed Operations additional insured on this Coverage Part;and endorsement CG 20 37 07 04 or CG 20 37 04 13,or both of b.Has not been added as an additional insured for the same such endorsements with either of those edition dates;or project by attachment of an endorsement under this b.Either or both of the following:the Additional Insured— Coverage Part which includes such person or organization Owners,Lessees or Contractors-Scheduled Person Or in the endorsement's schedule; Organization endorsement CG 20 10,or the Additional is an insured,but: Insured—Owners,Lessees or Contractors—Completed a.Only with respect to liability for"bodily injury"or"property Operations endorsement CG 20 37,without an edition date damage"that occurs,or for"personal injury"caused by an of such endorsement specified; offense that is committed,subsequentlo the signing of that the person or organization is an additional insured only if contract or agreement and while that part of the contract or the injury or damage is caused,in whole or in part,by acts agreement is in effect;and or omissions of you or your subcontractor in the b.Only as described in Paragraph(1),(2)or(3)below, performance of"your work"to which the written contract or whichever applies: agreement applies;or (1)If the written contract or agreement specifically requires (3)If neither Paragraph(1)nor(2)above applies: you to provide additional insured coverage to that person or a.The person or organization is an additional insured only if, organization by the use of: and to the extent that,the injury or damage is caused by a.The Additional Insured—Owners,Lessees or Contractors acts or omissions of you or your subcontractor in the —(Form B)endorsement CG 20 10 11 85;or performance of"your work"to which the written contract or b.Either or both of the following:the Additional Insured— agreement applies;and Owners,Lessees or Contractors-Scheduled Person Or b.Such person or organization does not qualify as an additional Organization endorsement CG 20 10 10 01,or the insured with respect to the independent acts or omissions of Additional Insured—Owners,Lessees or Contractors— such person or organization. Completed Operations endorsement CG 20 37 10 01; The insurance provided to such additional insured is subject the person or organization is an additional insured only if to the following provisions: the injury or damage arises out of"your work"to which the a.If the Limits of Insurance of this Coverage Part shown in written contract or agreement applies; the Declarations exceed the minimum limits required by the (2)If the written contract or agreement specifically requires written contract or agreement,the insurance provided to the you to provide additional insured coverage to that person or additional insured will be limited to such minimum required organization by the use of: limits.For the purposes of determining whether CG D6 04 02 19 0 2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Miscellaneous Attachment: M482524 Certificate ID: 19792089 COMMERCIAL GENERAL LIABILITY this limitation applies,the minimum limits required by result in a claim. To the extent possible, such notice the written contract or agreement will be considered should include: to include the minimum limits of any Umbrella or (a) How,when and where the"occurrence"or Excess liability coverage required for the additional offense took place; insured by that written contract or agreement. This (b) The names and addresses of any injured provision will not increase the limits of insurance persons and witnesses; and described in Section III—Limits Of Insurance. (c) The nature and location of any injury or b.The insurance provided to such additional insured damage arising out of the"occurrence"or does not apply to: offense. (1)Any"bodily injury", "property damage"or " (2)If a claim is made or"suit" is brought against the personal injury"arising out of the providing, or additional insured: failure to provide, any professional architectural, engineering or surveying services, including: (a) Immediately record the specifics of the claim or"suit"and the date received; and a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or surveys, field orders or change orders, or the preparing, approving, or failing to prepare or ap- "suit"as soon as practicable. prove, drawings and specifications, and (3)Immediately send us copies of all legal papers b. Supervisory, inspection, architectural or engineering received in connection with the claim or"suit", activities. cooperate with us in the investigation or settlement of (2)Any"bodily injury"or"property damage"caused the claim or defense against the"suit", and otherwise by"your work"and included in the comply with all policy conditions. "products-completed operations hazard"unless the (4)Tender the defense and indemnity of any claim or written contract or agreement specifically requires "suit"to any provider of other insurance which would you to provide such coverage for that additional cover such additional insured for a loss we cover. insured during the policy period. However,this condition does not affect whether the c.The additional insured must comply with the fol- insurance provided to such additional insured is lowing duties: primary to other insurance available to such (1)Give us written notice as soon as practicable of an additional insured which covers that person or "occurrence"or an offense which may organization as a named insured as described in Par- agraph 4.,Other Insurance, of Section IV —Commercial General Liability Conditions. Page 2 of 2 ©2017 The Travelers Indemnity Company.All rights reserved. CG D6 04 02 19 Miscellaneous Attachment: M482524 Certificate ID: 19792089 COMMERCIAL GENERAL LIABILITY TC2J-GLSA-9P529930 4. Other Insurance d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part 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 insured which covers such insured as a named insured, and we will not share that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; Subsequent to the signing of that contract or agreement by you. CG T1 00 02 19 Miscellaneous Attachment: M467648 Certificate ID: 19792089 POLICY NUMBER: TC2J-CAP-1 31 J3858 COMMERCIAL AUTO ISSUE DATE: 04/01/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM SCHEDULE OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT. PROVISIONS 1. The following is added to Paragraph c. in A. 1.,Who Is An Insured, of SECTION II-COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization designated in the Schedule Of Additional Insured Persons Or Organizations who you are required under a written contract or agreement, that is signed by you before the"bodily injury" or"property damage"occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that designated person's or organization's liability for the conduct of another"insured". 2. The following is added to Paragraph 5., Other Insurance, in B., General Conditions , of SECTION IV- BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which the person or organization designated in the Schedule of Additional Insured Persons Or Organizations is a named insured when a written contract or agreement with you, that is signed by you before the"bodily injury"or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T6 00 02 16 Miscellaneous Attachment:M523017 Certificate ID: 19792089 Umbrella Liability Policy Number: CUP-4W208814 AMENDMENT OF COVERAGE -WHO IS AN INSURED This endorsement modifies insurance provided under the following.- EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE The following replaces Paragraph A.2. of SECTION II -WHO IS AN INSURED: 2. Any other person or organization qualifying as an insured in the"underlying insurance". EU 01 25 07 16