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HomeMy WebLinkAboutPW11-121 - Amendment - #1 - GEI Consultants, Inc. - Peer Review for Briscoe-Desimone Levee Project - 11/30/2011 Records Ma e M =efil= KENT WAS„INGTON - Document CONTRACT COVER SHEET i 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. a Vendor Number: JD Edwards Number Contract Number: ow I I - I This is assigned by City Clerk's Office Project Name: Briscoe/Desimone Levee 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: Ken Langholz Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide supplemental peer review services for the project_ S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 11/08 R I K E N T AMENDMENT NO, 1 NAME OF CONSULTANT OR VENDOR: GEI Consultants, Inc. CONTRACT NAME & PROJECT NUMBER: Briscoe-Desimone Levee ORIGINAL AGREEMENT DATE: March 17, 2011 i 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: Provide supplemental peer review services for the project. For a description, see the Consultant's November 2, 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: H Original Contract Sum, $19,342.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST ; Current Contract Amount $19,342.00 including all previous amendments Current Amendment Sum $25,200.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $44,542.00 AMENDMENT - 1 OF 2 i i Original Time for Completion 12/31/11 (insert date) i Revised Time for Completion under 0 prior Amendments (insert date) Add] 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 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: $lit N CITY OF KENT: By: By: (sign ture) (signature) Print Name: j Pri t Na uzette Cooke Its )11 Am,j lZad I-- It Mayor (trtlg� (ti e) DATE: Il /18�� DATE: m I APPROVED AS TO FORM: (applicable rt Mayor's signature required) �uf-L � Ken Law De artment GEI-Boeing Levee Amd I/Halloak AMENDMENT - 2 OF 2 EXHIBIT A t G E 1 CanuHanls November 2,2011 nL I;.>Il,il(Ill.4l lY uc Ht,nutt,�ti i tuk anal Mr Ken Langholz City of Kent Public Works Department 220 Fourth Avenue South Kent, WA 98032 r RE: Supplemental Proposal for Peer Review Engineering Services Briscoe-Desimone Levee System FEMA Accreditation-Green River Right Bank City of Kent,Washington Dear Mr.Langholz: We are pleased to submit this proposal for supplemental peer review services for the Briscoe- Desimone levee system FEMA Accreditation project Our proposed scope of work is based on our telephone conversation with you on October 4, 2011. Our proposed scope of work is summarized below Task I—Peer Review of the levee upgrade concepts proposed by GeoEngineers in their letter to you titled"Draft Report Sheet Pile Wall, Preliminary Concepts," dated March 3, 2011 We understand that purpose of this peer review is to provide a second opinion to the City regarding the proposed concepts for strengthening the existing levee with sheet piles and the ballpark costs provided for construction of the strengthening concepts. Also,we understand the following • Design calculations and detailed cost breakdowns are not available for our review. • Detailed engineering analyses are not required. 2 • Cross section drawings are available in the areas proposed for levee strengthening. The City will provide available cross sections to GEI for review. We propose the following scope of work: 1. Review the technical merits of the strengthening concepts presented in GeoEngineers March 3, 2011 letter to the City 2. Review the levee geometry and proximity of adjacent buildings, and evaluate other possible levee strengthening alternatives that could be considered, if available. 3. Review the ballpark costs provided in the GeoEngineers letter. I oil,ult,M,a❑Ji GRI Contiultants,Inc , 180 Grand Avenue,Suite 1410,Oakland,("A 94672 510 350 2900 fax 510 350 2900 Mr Ken Langholz 2 November 2,2011 4. Prepare a letter summarizing the results of our review and our recommendations. y Task 2—Peer Review of Construction Cost Estimate of the proposed levee modifications included on 1 the City's current 35%Design Drawings. i We propose the following scope of work• 1. Review the unit costs provided with the cost estimate. 2. Review the estimated quantities provided in the cost estimate. 3. Prepare a letter summarizing the results of our review and our recommendations. 1 Task 3—Peer Review Response to FEMA Comments on CLOMR Submittal. 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 document and revised CLOMR application prepared by the City and their consultants in response to FEMA comments. Our comments will be provided in a letter 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. Based on the information available to us,we estimate that the cost of performing the services outlined above will be approximately$25,200 The estimated cost includes approximately 102 hours of Senior Engineer time and 24 hours of Senior Project Manager time Invoices will be submitted monthly based on the services performed as of the end of each billing period. Il Labor Budget Staff A Pu of J Nickerson/ Expense Task K Dirocco Labor Budget Total Rate ($229/hr) ($172/hr) Total 1 —Review Sheet Pile Wall Preliminary 8 22 $5,616 $460 $6,076 Concepts Report 2—Construction Cost 4 20 $4,356 $200 $4,556 Estimate 3 —Review response to FEMA Comments 12 60 $13,068 $1,500 $14,568 (Assume 3 rounds) Total 24 102 $25,200 Terms and Conditions Our work will be performed in accordance the terms and conditions negotiated by the City of Kent and GEI Consultants, Inc. 1 Mr Ken Langholz 3 November 2,2011 We appreciate the opportunity to submit this proposal and look forward to working with you on this project Please call meat 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 Attachments GEI Fee Schedule and Payment Terns I , N Yq r 4 a FEE SCHEDULE AND PAYMENT TERMS GEIS FEE SCHEDULE Hourly Billing Rate Personnel Personnel Cateciory $per hour Staff Professional—Grade 1 $ 94 Staff Professional—Grade 2 $ 104 Project Professional—Grade 3 $ 114 Project Professional—Grade 4 $ 127 Senior Professional—Grade 5 $ 151 Senior Professional—Grade 6 $ 172 Senior Professional—Grade 7 $204 Senior Consultant—Grade 8 $229 Senior Consultant—Grade 9 $282 Senior Principal—Grade 10 $282 ----------------------------------------------- Senior CADD Drafter and Designer $ 114 CADD Drafter I Designer and Senior Technician $ 104 Technician,Word Processor,Administrative Staff $ 84 Office fide $ 67 These rates are billed for both regular and overtime hours in all categories Rates will increase up to 5%annually, at GET's option, for all contracts that extend beyond twelve(12)months after the date of the contract OTHER PROJECT COSTS Subconsultants, Subcontractors and Other Pr ect Expenses - All costs for subconsultants, subcontractors and �,p other project expenses will be billed at cost phis a /o service charge Examples of such expenses ordinarily charged A' 1/7/11 to projects are subcontractors, subconsultants chemical laboratory charges, rented or leased field and laboratory y equipment,outside printing and reproduction,communications and mailing charges; reproduction expenses,sh,pping costs for samples and equipment, disposal of samples, rental vehicles, fares for travel on public carvers, special fees for insurance certificates,permits, licenses, etc, tees for restoration of paving o-land due to field exploration, etc, state sales and use taxes and state taxes on GEI fees. F Billing Rates for CADD and Specialized Technical Computer Programs — Computer usage for CADD and specialised technical programs will be billed at a flat rate of$10 00 per hour in addition to the labor required to operate the computer Field and Laboratory Equipment Billing Rates — GFI-owned field and laboratory equipment such as pumps, sampling equipment, monitoring instrumentation, field density equipment,portable gas chromatography, etc will be billed at a daily,weekly,or monthly rate,as needed for the project Expendable supplies are billed at a unit rate Transportation and Subsistence-Automobile expenses for GEI or employee owned cars will be charged at the rate per mile act by the Internal Revenue Service for tax purposes plus tolls and parking charges When required for a project, four-wheel drive vehicles owned by GET or the employees will be billed at a daily rate appropriate for those vehicles Per diem jiving costs for personnel on assignment away from their home office will be negotiated for each project PAYMENTTERMS Invoices will be submitted monthly or upon completion of a specified scope of service, as described to the atwom- panymg contract(proposal,project,or agreement document that is signed and dated by GEi and CLIENT) Payment is due upon receipt of the mvoi a II 0.rest will accrue at the rate of I%of the invoice amount per month,for 1 amounts that remain unpaid more than days after the invoice date All payments will be made by either check or f7 11 electronic transfer to the address specified by GET and will include reference to GFI's invoice number Standard Fee Schedule 2011 Effective January 1,2011 DATE(MMIDWYYYY) CERTIFICATE OF LIABILITY INSURANCE 4/29/2011 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 ,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 endorsements) IINSURERA PRODUCER Michele Callahan Ames and Gough (617)328-6555 A/C No (617)328-6888 859 Willard Street mcallahan@amesgough.com Suite 320 00001293 Quinn MA 02169 INSURERS AFFORDING COVERAGE NAIC II INSURED Travelers Casualty and Surety 19038 INSURER Travelers Property Casualty 125674 GEI Consultants, Inc. INSURER Travelers Insurance ComiDanv 180 Grand AvenueINSURER Chartis Suite 1410 INSURER Oakland CA 94 612-3 017 NSURERF 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 rypE OF INSURANCE AODL SUER POLICY EFF POLICY EXP LIMITS n LTR IN POLICY NUMBER MWDD/VYYY MWDDNYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) ccurrence $ A CLAIMS MADE X❑OCCUR X P6307457A538 /1/2011 5/l/2012 MED EXP(Ary one person) $ 10,000 PERSONAL&ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,000 I POLICY X JECT PRO LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ' X ANY AUTO (Ea accident) d BODILY INJURY(Perperson) $ B ALL OWNED AUTOS X 810-4927M847 5/1/2011 5/1/2012 BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS Undennsuredmotonst $ 11000,000 Uninsured motorist combined $ 1,000,000 X UMBRELLA LU4B OCCUR EACH OCCURRENCE $ 21 010,100 I EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DEDUCTIBLE $ I C RETENTION $ I X UP-4484N486- 5/1/2011 5/l/2012 $ A WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN T RV T ANY PROPRIETOR/PARTNERlEXECUTNE EL EACH ACCIDENT $ 1,000,000 OFFICEPJMEMBER EXCLUDED? NIA (Mandatory in Ni SUH1017A21A10 5/l/2011 5/1/2012 EL DISEASE-EA EMPLOYE $ 11000,000 If Yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 11000,000 D Professional Liability & COPS 17788026 5/1/2011 /1/2012 PER CLAIM 1,000,000 ' Contractor's Pollution AGGREGATE 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Project: Briscoe-Desimone 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. CERTIFICATE HOLDER CANCELLATION RECEIVED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent I' n7'''' ACCORDANCE WITH THE POLICY PROVISIONS Nancy Yoshitake, En4WeJi9g2&in/Public 220 Fourth Ave. South AUTHORIZED REPRESENTATIVE Kent, WA 98032CITY OF KENT M Herlihy/SOSTON ENGINEERING DEPT ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION All rights reserved INS025(200909) The ACORD name and logo are registered marks of ACORD I C(....MERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1 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 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 riod of time for which the "written contract re- .written contract requiring insurance"to include as quiring such overage ore requires you e end of the policy period, provide an additional insured on this Coverage Part, but: whichever a earlier a. Only with respect to liability for"bodily injury", "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- The insurance provided to such additional insured ditional insured under this Coverage Part must j 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". 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 addi- jury or property damage' caused by your 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 0 2008 The Travelers Companies, Inc Page 1 of 2 a , COMMERCIAL GENERAL LIAE.s 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 named insured P b. If a claim Is made or "suit" is brought against 4. The following is added to the DEFINITIONS Sec- the additional insured, the additional insured r Sec- must: tion i. Immediately record the specifics of the "Wntten 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 5 us copies of all legal papers received in con- or agreement by you; nection with the claim or"suit", cooperate with us in the investigation or settlement of the b. While that part of the contract or agreement is 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 .= F .j 1 m= a= o= o= o= as ram_ Q= I m= v Page 2 of 2 ©2008 The Travelers Companies,Inc CG D414 04 08 000esa REQUEST FOR MAYOR'S SIGNATURE • Please FIII in All Applicable Boxes \147KENO WAS HINGTON 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 Date Sent. Date Required i�'ao/il Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12 VENDOR NAME: GEI Consultants, Inc DATE OF COUNCIL APPROVAL: 11/15/11 Brief Explanation of Document- The attached Amendment No 1 to the Briscoe/Desimone Levee agreement is necessary so GEI Consultants can provide supplemental peer review services for the project For a summary, see the attached from Ken Langholz i� RECEIVED All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) It)r i11 K8f1T Received. 'rr Cf the lyllayO' Approval of Law Dept.. PF Law Dept. Comments. I NOV 22011 aA, Date Forwarded to Mayor. Shaded Areas to Be Completed by Administration Staff -1 Received: Recommendations & Comments: l �• �� DISpO$ItlOn:ff •• /` �.%'•2' r AF'i2Uw--C&f Date Returned: Iage5870_templatebase • 2/07