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HomeMy WebLinkAboutPW11-031 - Amendment - #1 - GeoEngineers, Inc. - Desimone & Briscoe Levees - 11/21/2011 Records M ni e * .ge KENTa. .; Document WASHINGTON I CONTRACT COVER SHEET 4 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: JD Edwards Number i x a Contract Number: iow II-(03 This is assigned by City Clerk's Office ,I Project Name: Desimone & Briscoe Levees Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: Date`bf E Mayor's Signature Termination Date: 12/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment a Contract Manager: Ken Langholz Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide desg_n and construction recommendations for the projects _ --------- ---- - -------- - - ---------- --- ----------------- CA,!, 5 Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 U I K E N T W as HIMCT0 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: Desimone & Briscoe Levees ORIGINAL AGREEMENT DATE: January 26, 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: i 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 design and construction recommendations for the project. For a description, see the Consultant's October 7, 2011 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, $158,425.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $158,425.00 including all previous amendments Current Amendment Sum $66,145.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $224,570.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/11 (insert date) Revised Time for Completion under 0 prior Amendments (insert date) Add'1 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, 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 s 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. d a 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: (sfgnatur ) I (signature) Print j�ame: rent Suzette Cooke Its /11/avAet is Ma or (title) ( le) DATE: ��1�// DATE: (� APPROVED AS TO FORM: (applicable if Mayor's signature required) Ke t Law (�A,6Department GeoEngineers-Desimone&Briscoe Amd 1A/Langnolz AMENDMENT - 2 OF 2 t EXHIBIT A GEOENGINEERS, INC. DESIMONE AND BRISCOE LEVEES ANALYSIS AND CERTIFICATION GREEN RIVER, FROM RIVER MILE 13.5 TO 17.0 KENT, WASHINGTON OCTOBER 7,2011 FILE NO. 0410-176-00 j �f f SCOPE OF SERVICES - GEOTECHNICAL The purpose of our services is to provide additional recommendations for the design and construction of the Desimone and Briscoe Levee project, address comments from Federal Emergency Management Agency(FEMA)and reviewers, and update our previous certification report as necessary. Our geotechnical scope of services Includes: 1. Provide additional analysis and design recommendations for levee construction Including recommendations and analysis for design of roadway sections constructed on certified levees, analysis of the impacts of existing structures on existing levee sections, and additional recommendations for the design and construction of sheet pile I-Walls This Includes providing design parameters for the structural design of sheet pile I-Walls. 2. Attend meetings with City of Kent and the design team or FEMA to coordinate geotechnical engineering and civil engineering design with the City of Kent and assist with levee certification. 3. Assist the City of Kent with revisions to the operations and maintenance manual and other parts of the submittal as needed 4. Address comments and revise submittals as needed We have assumed up to three rounds of comments and revisions between now and December 2012 This includes coordination with the City of Kent, Northwest Hydraulics, U.S.Army Corps of Engineers (USACE), FEMA, and others as required to incorporate necessary revisions into the submittal of the final report Our scope does not include developing plans for construction of levee improvements. This scope also does not include any construction management,monitoring or inspections. US GWH tt Attachment Exhibit B Fee Estimate Disclaimer Any electronic form,facsimile or hard copy of the original document(email,text,table,and,�or figure),if provided,and any attachments are only a copy of the original document The original document is stored by GeoEngmeers,Inc and will serve as the official documentof record Copynght@ 2011 by GeoEngmeers,Inc.All rights reserved ' k i 4 J EXHIBIT B FEE ESTIMATE CITY OF KENT ADDITIONAL GEOTECHNICAL ENGINEERING SERVICES DESIMONE AND BRISCOE LEVEES ANALYSIS AND CERTIFICATION GREEN RIVER, FROM RIVER MILE 13 5 TO 17.0 4 FILE NO 0410-176-00 Personnel Hours x Rate = Cost Principal(Gary Henderson) 75 x $160 = $12,000 Project Engineer 1(Lyle Stone) 210 x $145 = $30,450 Engineer/Scientist 1(Mackenzie Hanks) 135 x $112 = $15,120 CAD Designer 45 x $85 = $3,825 Support 30 x $75 = $2,250 Subtotal Personnel Cost(direct costs) $63,645 Other Expenses i Reproduction,Mileage,Other Expenses $2,500 i Subtotal(indirect costs) $2,500 Total Estimated Costs $66,145 t� File i� r i l� v 00.176.00 Oct GEOENGINEERSr October r 7.2 011 AC`�® DATE(MM/O DIYYYY) CERTIFICATE OF LIABILITY INSURANCE page 1 of 1 F03/28/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS ^ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SLOW. 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 poltcy(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 certtftcats 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. A/C NO EXT 877-945-7378 A/C N 888-467-2378 P. O. Box 305191 ADDRESS certificates@willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA Travelers Property Casualty Company of Am 25674-003 INSURED GeoEngineera, Inc. INSURERS Travelers Property Casualty Company of Am 25674-002 1101 Fawcett Avenue, Suite 200 INSURERC Tacoma, WA 98402 INSURERD INSURER E INSURERF COVERAGES CERTIFICATE NUMBER: 15669360 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 ADDTYPE OF INSURANCE SR SUB POLICY POLICY NUMBER MM!DDEFF POLICY EXP LIMITS L S NSR SUBWVQ OD YYV OLI A GENERAL LIABILITY 660533D1564TIL11 3/31/2011 3/31/2012 EACH OCCURRENCE $ 11000,000 DAMAX COMMERCIAL GENERAL LIABILITY PREMISES ETORENTED PREMISES RENT rence $ 100 000 CLAIMS-MADE OCCUR MED EXP(Anyone person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 3ENTAGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG $ 2 000 000 1 POLICY X PRO LOD $ B AUTOMOBILE LIABILITY 810532D8375TIL11 3/31/2011 3/31/2012 COMBINED SINGLE LIMIT 1,000 000 (Ea accident $ X ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJ URY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED R PERTYDAMAGE AUTOS Per accident $ UMBRELLALIAB H OCCUR EACHOCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I IRETENTION$ $ WORKERS COMPENSATION I Wo sTATT AND EMPLOYERS'LIABILITY YIN T RY LIMITS I I ER ANY PROPRIETORIPARTNEP/EXECUTIVE❑ N/A EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 1 yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Acord 101,Additonal Remarks Schedule,if more spacers required) GeoEnginners File No. 0410-176-00, Desimone and Briscoe Levees, Kent Washington. It is agreed that City of Kent Engineering is included as an Additional Insured as respects to General Liability. 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 the Additional Insured. CERTIFICATE HOLDER ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATON DATE THEREOF,ANK 01 2011 ACCORDANCEI IWITH THE POLICY PROVISIONS E WILL BE DELIVERED IN City of Kent Engineering CITY OF KEN AUTHORIZED REPRESENTATIVE Attn: Nancy Yoshitake Kent, WA 400 West Gowe 98032 ENGINEERING DEP Coll:3309543 Tp1:1237128 Cert:15669360 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. a BLANKET ADDITIONAL INSURED -WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART f 1. The following is added to SECTION II—WHO IS plies only to such "bodily Injury or"property 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- C "written contract requiring insurance"to include as quving insurance" requires you ,a provide an additional insured on this Coverage Part,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 following is added to Paragraph 4a 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 you or your subcontractor in the performance The insurance provided to the additional insured of"your work" to which the "written contract is excess over any valid and collectible"other in- requlnng insurance" applies The person or surance",whether primary,excess,contingent or , organization does not qualify as an additional on any other basis,that is available to the adds- $ insured with respect to the independent acts tional insured for a loss we cover However,If you 4 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 ditional insured under this Coverage Part must Is limited as follows apply on a primary basis or a primary and non- y I c. In the event that the Limits of Insurance of contributory basis, this insurance is primary to r this Coverage Part shown in the Declarations "other insurance" available to the additional in- exceed the limits of liability required by the sured which covers that person or organization as "wntten contract requiring insurance", the in- a named insured for such loss, and we will not surance provided to the additional insured share with that"other insurance" But this insur- shail be limited to the limits of liability required ance provided to the additional insured still Is ex- by that"wntten contract requiring insurance" cess over any valid and collectible "other insur- This endorsement shall not increase the limits ance",whether primary,excess,contingent or on of insurance described in Section III—Limits any other basis,that is available to the additional Of Insurance insured when that person or organization is an 1 d. This insurance does not apply to the render- additional insured under any"other insurance" ing of or failure to render any "professional 3. The following is added to SECTION IV — COM- services" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS or omissions Duties Of An Additional Insured e. This insurance does not apply to "bodily in- As a condition of coverage provided to the addl- � jury" or "property damage" caused by "your tional insured '1 work" and included in the "products- completed operations hazard" unless the a The additional insured must give us written ; 'written contract requiring insurance"specifi- notice as soon as practicable of an "occur- a 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 CG D4 14 04 OB 02008 The Travelers Companies,Inc Page 1 of 2 II k 1 i " I 11 �JJ i COMMERICAL GENERAL LIABILITY i. How, when and where the 'occurrence" any 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- Ill. The nature and location of any Injury or tlonal 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 named Insured b. If a claim Is made or"suit"Is brought against 4. The following Is added to the DEFINITIONS Sao- the additional Insured, the additonal insured tlon § must I. Immediately record the specifics of the 'Written contract requiring insurance"means that q claim or"suit"and the date received,and part of any written contract or agreement under ii. Notify us as soon as practicable which you are required to include a person or or- 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 notce of the claim or"sult"as "property damage" occurs and the"personal in- soon as practicable Jury"is caused by an offense committed c. The additional insured must Immediately send a After the signing and execution of the contract us copies of all legal papers receved in con- or agreement by you, nection with the calm or"suit",cooperate with b. While that part of the contract or agreement Is us in the investigation or settlement of the In effect,and claim or defense against the "suit", and oth- erwise comply with all policy conditions a Before the end of the policy period Ii d. The additional insured must tender the de- fense and indemnity of any claim or"suit"to y i t Page 2 of 2 02008 The Travelers companies,Iro CO D414 04 08 f jn N, n - Terra Insurance Company RECEIVE[ (A Risk Retention Group) JAN 27 2011 Two Fifer Avenue, Suite 100 Corte Madera CA 94925 CITY OF KENT CERTIFICATE OF INSURAWNINEERING DEPT DATE 0. RISK PETENTIJN G1OUP 01/24/11 NAME AND ADDRESS OF INSURED GeoEngineers, Inc. 1101 Fawcett Avenue, Suite 200 Tacoma, WA 98402 n I This certifies that the"claims made"insurance policy(described below by policy number)written on forms in 1 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 _ J POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 211019 01/01/11 12/31/11 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE I PROJECT DESCRIPTION Desimone and Briscoe Levees, Kent, Washington. GeoEngineers File No. 0410-176-00 i 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 (A Risk Retention Group) City of Kent Engineering Attn Nancy Yoshitake 400 West Gowe Kent, WA 98032 _ President REQUEST FOR MAYOR'S SIGNATURE • Please Fill In All Applicable Boxes KENO WASHINGTON This form must be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Ken Langholz Phone (Originator) 5516 I Date Sent 11/16/11 Date Required 11/23/11 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12 VENDOR NAME: GeoEngmeers, Inc DATE OF COUNCIL APPROVAL: 11/15/11 Brief Explanation of Document. The attached Amendment No 1 to the Desimone & Briscoe Levees agreement is necessary so the consultant can provide design and construction recommendations for the protect For a summary, see the attached from Ken Langholz k •o All Contracts Must Be Routed Through the Law Department P (This Area to be Completed By the Law Department) Received Miayor Approval of Law Dept. Law Dept. Comments [;%� T ice'-Wk D EP7 t r5 1r` `1 Date Forwarded to Mayor. Shaded Areas to Be Completed by Administration Staff f 6 Received: ;�T y Cf�lJ�''�`-r'r Recommendations & Comments: 1 Disposition. Date Returned: Iage5870_templatebase • 2107