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HomeMy WebLinkAboutPW11-033 - Amendment - #1 - GeoEngineers, Inc. - S 228th St UPRR Overcrossing Columns - 11/22/2011 Records Mavgiogemer KENT WA$HiNG7ON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: GeoEngineers, Inc. Vendor Number: ID Edwards Number Contract Number: -p ))-f-o-�3 This is assigned by City Clerk's Office Project Name: S. 228111 St. UPRR Overcrossing r Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: % Contract Effective Date: Date of the Mayor's Signature Termination Date: 12/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Garrett Inouye Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2012 due to a delay with the project. Additional time is needed to review the draft stone column layout, provide comments and prepare the final layout. _ S.Pub]is\Records Management\Forms\ContractCover\adcc7832 1 11/08 n --000,0-."�. K E N T AMENDMENT NO, 1 a NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: S. 228th Street Union Pacific Railroad Overcrossin4 ORIGINAL AGREEMENT DATE: February 8, 2011 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 is necessary to the scope of work, however an amendment is needed to extend the time of completion to December 31, 2012 due to a delay in the project. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: a Original Contract Sum, $28,920.06 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $28,920.06 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $28,920.06 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/11 (insert date) Revised Time for Completion under 0 prior Amendments (Insert date) Add'I Days Required (f) for this 366 calendar days Amendment Revised Time for Completion 12/31/12 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, Y 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: CX7 BBy: (srg ature) C� (signature) Print Name: � 11/t�7 S c�U�/�t,f Prmt a : Suzette Cooke Its Pfli ov (,F A 4- Mayor (title) rtle) DATE: (lI/(o/// DATE: //A�/i APPROVED AS TO FORM: (applicable if Mayor's signature required) 'au& . I ( Kent Law Department GeoEngineers-228' UP Stone Columns AmU I/Inou" AMENDMENT - 2 OF 2 AI �® CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 0/2/2011 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 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 Willis of Seattle, Inc. PHONE FAX 26 Century Blvd. NC NO EXT 877-945-7378 A/C_ /c N 888-467-2378 P. O. Box 305191 A MRIESS certificates@willis.com Nashville, TN 37230-5191 INSURER(SJAFFORDINGCQVERAGE NAIC 1f INSURERA Travelers Property Casualty Company of Am 25674-003 INSURED GeoEngineera, Inc. INSURERS Travelers Property Casualty Company of Am 25679-002 1101 S. Fawcett INSURERC Suite 200 Tacoma, WA 98402 INSURERD INSURERE INSURERF COVERAGES CERTIFICATE NUMBER:15669685 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 DD' SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS AM WVD MWDO YYY DD YV A GENERAL LIABILITY Y 660533D1564TIL11 3/31/2011 3/31/2012 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETORENTED PREMISES Ea occurence $ 100,000 CLAIMS-MADE OCCUR M ED EXP(Anyone person) $ 5,000 PERSONAL&ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY FX PRO- LOC I 1 1 $ $ AUTOMOBILE LIABILITY 810532D8375TIL11 3/31/2011 3/31/2,012 COMBINED'INGL LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ AUTOS TOS AUTOS SCHEDULED AU BODILY INJURY(Per accident) $ HIREDAUTOS NON-OWNED PROPERTYIDAMAGE AUTOS Peracadent $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION T WC STA - TH- AND EMPLOYERS'LIABILITY Y/N R Y LIMANY PROPRIETOR/PARTNER/EXECUTIVE N/A EL EACH D ACCIDENT $ OFFICERIMEMBER EXCLUDE rnd in NH) EL DISEASE-EA EMPLOYEE $ $ ,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ H 610532D8375TIL11 3/31 2011 3/31/2012 Business Auto $1,000 Collision Deductible (Physical Damage) $1,000 Comprehensive Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Aoord 101,Additonal Remarks Schedule,if more space Is required) Project: South 228th Street UPRR Overcrossing Stone Columns, Rent, Washington. GeoEngineera File No. 0410-162-01 It is agreed that City of Kent Engineering is included as an Additional Insured as respects to General Liability, but solely in regards to work being performed by or on behalf of the Named Insured in connection with the project described herein. CERTIFICATE HOLDER I V CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE APR 01 2011 ACCORDANCEI IWITH THE POLICY OPROV S ONSE WILL BE DELIVERED IN City of Kent Engineering CITY OF KENT AUTHORIZED REPRESENTATIVE Attn: Nancy Yoshitake Kent, WA 400 West Gowe 98032 ENGINEERING DEP Coll:3309543 Tpl:1237033 115669685 ©1988-2010ACORD CORPORATION.All rights reserved. Ari-- A^^Mn _-_---�,--- ...--- -----A.---,-- -iA^^r, AGENCY CUSTOMER ID: 661100 I LOC#: A ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED GeoEngineers, Inc. Willis of Seattle, Inc. 1101 S. Fawcett POLICY NUMBER Suite 200 Tacoma, WA 98402 See First Page CARRIER NAIC CODE See First Page EFFECTIVE DATE See First Pa e ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE It is further agreed that such insurance as is afforded shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. { ACORD 101 (2008101) Coll:3309543 Tpl:1237033 Cert:15669685 ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD CO,.,MERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following Is added to SECTION it—WHO IS plies only to such "bodily Injury" or"property k AN INSURED: damage"that occurs before the end of the pe- Any person or organization that you agree in a nod of time for which the"written contract re- "wn(ten contract requiring insurance"to Include as quirmg Insurance" requires you to provide an additional insured on this Coverage Pail,but: such coverage or the end of the policy period, a. Only with respect to liability for*bodily Injury', whichever is earlier. "property damage"or'personal injury";and 2. The toliovang Is added to Paragraph 4.a.of SEC- TION IV—COMMERCIAL GENERAL LIABILITY b. If, and only to the extent that, the Injury or CONDITIONS damage is caused by acts or omissions of t you or your subcontractor in the performance The insurance provided to the additional Insured of"your work"to which the "wrftlen contract is excess over any valid and collectible"other in- requiring insurance" applies. The person or surance",whether primary,excess,contingent or organization does not quality as an additional on any other basis, that is available to the addl- insured with respect to the independent acts tional Insured for a loss we cove€.However,it you or omissions of such person or organization. specifically agree in the"written contract requiring insurance that this insurance provided to the ad. The Insurance provided to such additional Insured ditienal insured under this Coverage Part must Is limited as fellows: apply on a primary basis or a primary and non- c. In the event that the Limits of Insurance of contributory basis, this Insurance Is primary to " this Coverage Pan shown in the Declarations 'other insurance" available to the additional in- exceed the limits of Nability required by the cured which covers that person or organization as 'written contract requiring insurance",the in- a named insured for such loss, and we will not surarice provided to the additional Insured share with that"other insurance".But this insur- ati shag be limited to the limits of liability required ance provided to the additional Insured still Is ex- by that"written contract requiring insurance" cess over any valid and collectible "other insur- This endorsement shag not increase the limits ance", whether primary, excess, contingent or on of insurance described in Section ill— Limits any other basis,that is available to the additional Of Insurance. Insured when that person or organization is an d. This insurance does not apply to the render• addtbonal insured under any"other insurance'. Ing of or failure to render any "professional 9. The following is added to SECTION IV— COM- servfcese or construction management errors MERCIAL GENERAL LIABILITYCONDITIONS. or omissions. Duties Of An Additionai insured o e. This insurance does not apply to "bodily Ira AS a rendition of coverage jury" or "property damage' caused by "your 9 provided to the addl- Iional Insured a� work" and Included Gt the "products- completed operations hazard" unless the a. The additional Insured must give us written "written contract requiring insurance" specifii. notice as soon as practicable of an "occur- cally requires you to provide such coverage rence" or an offense which may result in a for that additional insured,and then the insur. claim. To the extent possible, such notice ance provided to the additional insured ap- should include, CO D414 04 08 020M The Travelem Cwnpaniee,ino Page 1 of 2 ((I ] COMMEMAL GENERAL LIABIdl I t � 1. How, when and where the "occurrence' arty provider of other Insurance which would or offense took place; cover the additional Insured for a loss we it. The names and addresses of any Injured cover,However,this condition does not affect persons and witnesses;and whether this Insurance provided to the addi. Hi. The nature and location of any injury or tional insured is primary to that other insur damage arising out of the"occurrence"or ance available to the additional insured which offense. covers that person or organization as a b. If claim 1s made or"salt"is brought against named insured the additional insured,the additional insured 4. The following is added to the DEFINITIONS Sec- must tion: 1. Immediately record the spedllcs of the "Written contract requiring insurance" means that ; claim or"suit"and the date reeelved;and part of any written contract or agreement under which you are required to include a person or or- if. Notify us as soon as practicable. ganization as an additional insured on this Cover- The additional Insured must see to it that we age Part, provided that the "bodily Injury" and receive written notice of the claim or"suit"as "property damage" occurs and the "personal in- soon as practicable, jury"is caused by an offense committed; e, The additional insured must immediately send a Afterthe signing and execution of the contract us copies of all legal papers received in con- or agreement by you, nection with the claim or"suff",cooperate with b. While that part of the contract or agreement is us in the Investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. c. Before the end of the policy period. d. The additional insured must tender the de, fense and indemnity of any claim or"suit"to , li i I Page 2 of 2 020DO The Travelers Compareea,Ina CO D414 04 08 i RECEIVED Terra Insurance Company (A Risk Retention Group) JAN 2 4 2011 Two Fifer Avenue, Suite 100 1 Corte Madera CA 94925 CITY OF KENT i CERTIFICATE OF INSUI tVLNEERING DEPT A RISK RETENTION GROUP DATE 01/18/11 NAME AND ADDRESS OF INSURED GeoEngineers, Inc. 1101 Fawcett Avenue, Suite 200 Tacoma, WA 98402 This certifies that the"claims made" insurance policy(described below by policy number)written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder This certificate does not alter, amend or extend the coverage afforded by this policy. 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. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 211019 01/01/11 12/31/11 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUALAGGREGATE PROJECT DESCRIPTION South 228th Street UPRR Overcrossing Stone Columns, Kent, Washington. GeoEngineers File No. 0410-162-01 CANCELLATION If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER ISSUING COMPANY: TERRA INSURANCE COMPANY 1, (A Risk Retention Group) City of Kent Engineering Attn Nancy Yoshitake II 400 West Grove &)UJ Kent, WA 98032 President a i 40 REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENO rYwSH INC TON This form must be printed on cherry paper Routing information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator. Garrett Inouye Phone (Originator) 5548 Date Sent "/Ji/rl Date Required 11/3c,//I Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12 VENDOR NAME: GeoEngineers, Inc DATE OF COUNCIL APPROVAL: 211/11 1 Brief Explanation of Document The attached Amendment No 1 to the 228th Street Union Pacific Railroad Overcrossing agreement is necessary to r extend the time of completion to December 31, 2012 because the project was delayed For a brief explanation, see the attached a s All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received: RECENE Approval of Law Dept • NOY 21 2011 Law Dept Comments• l�Vl r T LAWI DEFT Date Forwarded to Mayor '•I ( I � Shaded AreaBeCompleted s to B by Administration Staff 1 � } } Received: U{1 Recommendations & Comments: CITv GF•h'trT Disposition: /I z ii I Date Returned: I la&5870_templatebase • 2107