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HomeMy WebLinkAboutPW11-120 - Amendment - #1 - GEI Consultants, Inc. - Boeing Levee Peer Review - 11/30/2011 nP �� Records Mana,"" gement� KEN T =` WA9H1NGTON 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: GEI Consultants, Inc. Vendor Number: ID Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Boeing Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: I ll 3D - ! I 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: Toby Hallock Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide supplemental peer review services for the project. S:Publlc\PecordsManagement\Farms\ContractCover\adcc7832 1 11108 i i -.0000" KENT WAS MINGTON i AMENDMENT NO. 1 9 NAME OF CONSULTANT OR VENDOR: GEI Consultants, Inc. CONTRACT NAME & PROJECT NUMBER: Boeing Levee ORIGINAL AGREEMENT DATE: March 17, 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 x 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 supplemental peer review services for the project. For a description, see the Consultant's October 20, 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, $14,528.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $14,528.00 Including all previous amendments Current Amendment Sum $14,568.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $29,096.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/11 (Insert date) Revised Time for Completion under 0 prior Amendments (insert date) Add'I Days Required (t) 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 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- (419 N CITY OF KE 7 By: By: A (si nat (signature) Print Name: A u Q Pri Na Suzette Cooke Its V14 ns; It Ma or (t tl ) title) DATE: jlf DAYE << m APPROVED AS TO FORM: (applicable if Mayor's signature required) A!A'A- PX6 Law Department GEI-Boeing Levee Am0 1/Hallak AMENDMENT - 2 OF 2 EXHIBIT A V E I Mil�nit I I October 20,2011 t� i' I li( ilYl(, Mr Toby Hallock City of Kent ? Public Works Department 220 Fourth Avenue South Kent, WA 98032 i RE: Supplemental Proposal for Peer Review Engineering Services ° Boeing Levee System FEMA Accreditation -Green River Right Bank City of Kent,Washington Dear Mr Hallock: We are pleased to submit this proposal for supplemental peer review services for the Boeing Levee System FEMA Accreditation project. Our proposed scope of work is based on your email dated October 20,2011 Based on the City's previous experience working with FEMA,we expect several rounds of review comments and submissions for the CLOMR application We will review the response documents and PP p revised CLOMR applications prepared by the City and their consultants in response to FEMA comments Our comments will be provided in a letter after each review For the purposes of this proposal, we have assumed 3 rounds of review comments with FEMA. Cost Estimate We will perform the above scope of service on a time and materials basis based on the attached Fee Schedule and Payment Terms associated with our current contract Based on the information available to us,we estimate that the cost of performing the services outlined above will be approximately$14,568 Invoices will be submitted monthly based on the services performed as of the end of each billing period. Labor Budget Staff A.Pu of J Nickerson/ Expense Task K Dirocco Labor Total Total Budget Rate ($229/hr) ($172111-1r) s Review response to FEMA Comments 12 60 $13,068 $1,500 $14,568 ' (Assume 3 rounds) V,uamu((III t,unn GET Con,ultantc,Inc 180 Grind Avenue,Suite 1410,Oakland,CA 94012 510 350 2900 fax 510 350 2900 d Mr Toby Hallock 2 October 20,2011 a Terms and Conditions i Our work will be performed in accordance the terms and conditions negotiated by the City of Kent and GEI Consultants, Inc Time of Completion We understand that the time of completion be of our current contract will be extended to December 31, 2012 It is understood that the FEMA review process will depend on FEMA's workload and other factors that are not within our control GEI will continue to strive to respond to the City of Kent's needs on a timely basis. We appreciate the opportunity to submit this proposal and look forward to working with you on this project Please call me at 510-350-2908 or Jim Nickerson at 781-721-4023 with any questions Sincerely, GEI CONSULTANTS, INC. W , Alberto Pujol, P E Vice President, Project Manager i N 11 A A� CERTIFICATE OF LIABILITY INSURANCE 4/29/20 1"Y' 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 ELOW, 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 Michele Callahan NAME Ames and Gough fAJPHONE E (617)328-6555 A/C No (617)328-6888 859 Willard Street ADDRCUSTESS mcallahan@amesgough.com Suite 320 PRODUCER p0001293 Quincy MA 02169 INSURERS AFFORDING COVERAGE NAIC# � INSURED INSURERA Travelers Casualty and Surety 19038 I INSURER Travelers Property Casualty 25674 GEI Consultants, Inc. INSURER Travelers Insurance Companyi 180 Grand Avenue INSURER Chart is Suite 1410 INSURER Oakland CA 94612-3017 INSURER COVERAGES CERTIFICATE NUMBER CL1142911581 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN R WVD POLICY NUMBER MWDDNYYY MMIDDNYYY GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED i $ 300,000 PREMISES Ea occurrence tTTd A CLAIMS-MADE zOCCUR X 6307457A538 5/1/2011 /1/2012 MED EXP(Any one person) $ 10,000 r PERSONAL&ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X JECOT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Eaaccldent) $ 1,000,000 X ANY AUTO BODILY INJURY(Perperson) $ B ALL OWNED AUTOS X 810-4927N847 5/1/2011 5/1/2012 BODILY INJURY(PeraxidentJ $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS Undennsured motorist $ 1,000,000 Uninsured motonst combined $ 1,000,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DEDUCTIBLE $ C RETENTION $ X P-4484N466- /l/2011 /1/2012 $ A WORKERS COMPENSATION X WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN ER .. ANY PROPRIETORIPARTNER/EXECUTIVE EL EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDEDI NIA (Mandatory in NH) SUB1017A21A10 /1/2011 5/1/2012 EL DISEASE-EA EMPLOYEE$ 1,000,000 I f Yes describe under `( As OF OPERATIONS below E L DISEASE-POLICY LIMIT 1 $ 11000,000 D Professional Liability & OPS 17788026 5/1/2011 5/1/2012 PER CLAIM 1,000,000 Contractor's Pollution AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Project: Boeing Levee Project City of Kent is included as Additional Insured regarding General, Auto and Umbrella liability (GL Form attached). The Insurance shown above (not professional) shall be primary and non-contributory. A Severability of Interest provision shall apply. 1 d CERTIFICATE HOLDER CANCELLATION a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent RE C E I V E TCCORDANCEIW TH HE EXPIRATONDTHE POLICY PROVISIONSE WILL BE DELIVERED IN Nancy Yoshitake, Engineering Admin Public Works Department MAY 13 2011 AUTHORIZED REPRESENTATIVE 220 Fourth Ave. South Kent, WA 98032 'y i Herlihy/BOSTON ACORD 25(2009/09) + �p'At I�C�� ©1988-2009 ACORD CORPORATION All rights reserved INS025(200209) 7�3 5�A11 N odFe egistered marks of ACORD 4 'G h x i CC....MERCIAL 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 li —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 riod of time for which the "written contract re- written contract requiring insurance"to include as quirmg insurance" requires you to 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 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 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- requiring 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 addi- insured with respect to the independent acts tional insured for a loss we cover However, if you or omissions of such person or organization. specifically agree in the "written contract requiring insurance"that this insurance provided to the ad- ditional insured under this Coverage Part must is limited as follows- 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 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 "written 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- shall 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 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 d. This insurance does not apply to the render- additional insured under any"other insurance". 1 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- jury' or "property damage" caused by "your As a condition of coverage provided to the addi- tional insured: 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- 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: I CG D4 14 04 08 ©2008 The Travelers companies,Inc Page 1 of 2 i •, COMMERCIAL GENERAL LIAE i TY 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 ii. 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- iii. 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 a claim is made or "suit" is brought against named Insured the additional insured, the additional insured 4. The following is added to the DEFINITIONS Sec- I must: tion, i L Immediately record the specifics of the "Written contract requiring insurance" means that 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 notice of the claim or "suit" 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 received in con- or agreement by you; nection with the claim 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 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 m o= o= o= a= o� a— o= o= m= Page 2 of 2 ©2008 The Travelers Companies, Inc CG D4 14 04 08 OOOa83 "f REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENO wAS HINGTON This form must be primed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator. Toby Hallock Phone (Originator) 5536 I Date Sent ill-laIll Date Required 11/30/11 Return Signed Document to- Nancy Yoshitake CONTRACT TERMINATION DATE: 12131/12 VENDOR NAME: GEI Consultants, Inc DATE OF COUNCIL APPROVAL: 11/15/11 Brief Explanation of Document- The attached Amendment No 1 to the Boeing Levee agreement is necessary so GEI Consultants can provide supplemental peer review services for the project For a summary, see the attached from Mark Howlett I RECEIVED All Contracts Must Be Routed Through the Law Department (Thrs Area to be Completed By the Law Department) Received: of Kent Approval of Law Dept t lRIr IKiED NOV 2 2 2011 Law Dept Comments: , I . Ei li CIT ent Date Forwarded to Mayor. l Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: j`, 't+ ;I DEC 1 u Disposition: // nfi� /T r ,A J� -���l!�✓�-:°�' � r L`�Date am- Date Returned: Iage5870_templatebase • 2/07