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HomeMy WebLinkAboutPW11-214 - Amendment - #1 - GeoEngineers, Inc. - Hawley Road Levee Project Design & Construction Consulting - 06/05/2012 {" ew Records Ma-n-.,.. -a` gern ODocument W gSHINGTON NTH ri 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: JD Edwards Number Contract Number: Lco This is assigned by City Clerk's Office Project Name: Hawley Road Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: j 6,5. , la Contract Effective Date: Date of the Mayor's signatureTermination Date. 6/30/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Casteel Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to June 30, 2013 because CLOMR review has been suspended by FEMA while the high ground/highway embankment issues is worked out. S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KEN T W A5"II.GTOII AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: Hawley Road Levee ORIGINAL AGREEMENT DATE: July 7, 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 June 30, 2013 because CLOMR review has been suspended by FEMA while the high ground/highway embankment issue is worked out with FEMA/FHWA/WSDOT. 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, $22,250.00 including applicable WSST Net Change by Previous Amendments $0 Including applicable WSST Current Contract Amount $22,250.00 Including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $22,250.00 AMENDMENT - 1 OF 2 Original Time for Completion 6/30/12 (insert date) Revised Time for Completion under 0 ;prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 6/30113 (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: GLU By: (signature) (signature) Print Narpe: t►l w f ti�t'�'S�� Pnn am zette Cooke Its inv Itart Its Mayor (title) (ptle) DATE: �/ a9 flv DATE: fC� APPROVED AS TO FORM: (applicab if Mayor's signature required) Kent Law Department GeoEngmeem-Hawley Rd 2 Amd ixasteel AMENDMENT - 2 OF 2 AID�® CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 03/2/ 2 Tr'"CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS C IFICATE 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 COINEACT Willis of Seattle, Inc. KEXEIVEHONE FAX c/o 26 century Blvd. a No Exr 877- 145-7378 A/C No 888-467-2378 E AL P. O. Box 305191 ABM ESS certificatesOwillis.com Nashville, TN 37230-5191 APR 0 2 2012 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA Travelers Property Casualty Company of Am 25674-003 INSURED KEN GeoEngineers, Inc. ully n 'v INSURERS Travelers Property Casualty Company of Am 25674-002 1101 Fawcett Avenue, SuENGMEERING DEP INSURERC Tacoma, WA 98402 INSURERD INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:17560368 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 ADDI SUBF POLICY EFF POLICY EXP LIMITS LT TYPE OF INSURANCE µVD POLICY NUMBER M Y MM/DD/YV A GENERAL LIABILITY Y 660533D1564TIL12 3/31/2012 3/31/2013 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMI ESESS(RENTED PREMIEaoccurence $ 1()0,000 CLAIMS-MADE OCCUR MEOEXP(Anyone person) E2,000,000 000 PERSONAL&ADV INJURY 11000,000 GENERAL AGGREGATE ..cN'LAGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG 000POLICY XPEOT LOC $ AUTOMOBILE LIABILITY 810532D8375TIL12 3/31/2012 3/31/2013 COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Peracadent) $ AUTOS AUTOS HIREDAUTOS NON-OWNED PROPERTYDAMAGE AUTOS Peraccldenl $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEO RETENTION$ $ WORKERS COMPENSATION T - ANDEMPLOYERS'LIABILITY T RY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N/A EL EACH ACCIDENT $ OFR PJ CEMEMBER EXCLUDED? JfMandatory in NH) EL DISEASE-EA EMPLOYEE $ yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Acord 101,Adddonal Remarks Schedule,if more space is required) GeoEngineers File No. 0410-175-01 City of Kent, Hawley Road Levee Improvements Project. It is acirreed that City of Kent Encrineerincit is included as an Additional Insured as resiDects to CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Kent Engineering AUTHORIZED REPRESENTATIVE Attn: Nancy Yoshitake 400 West G Ken 980 �p Kent, WA 98032 Coll:3678187 Tpl:1419313 Cert:17560368 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCYCUSTOMERID• 661100 LOC#: �® ADDITIONAL REMARKS SCHEDULE Paged of 2_ AGENCY NAMED INSURED GeoEngineers, Inc. Willis of Seattle, Inc. 1101 Fawcett Avenue, Suite 200 POLICY NUMBER Tacoma, WA 98402 See First Page CARRIER NAIC CODE See First Page EFFECTIVE DATE See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE 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. It is further agreed that such insurance as is afforded shall be Primary with any other insurance in force for or which may be purchased by the Additional Insured. ACORD 101 (2008101) C011:3678187 Tpl:1419313 Cert:17560368 ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY Policy #: 660533D1564TIL12 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 11 —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 "wntten contract re- written contract requiring insurance"to include as quinng insurance" requires you to provide an additional insured on this Coverage Part, but such coverage or the end of the policy period, whichever is earlier a. Only with respect to liability for"bodily injury", "property damage"or"personal injury"; and 2. The following is added to Paragraph Ca. of SEC- TION N— 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 contrail is excess over any valid and collectible "other in- of insurance" applies The person or on an o whether primary, excess, contingent addi- organization does not qualify as an additional io any other basis, that a available to fee fyou insured with respect to the independent acts tional insured for a loss we cover. However, if you or omissions re such person or organization. specifically agree in the "wnften 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- 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 msurance"_ 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- a. The additional insured must give us written completed operations hazard unless the "written contract requiring insurance" spec'rfi notice as soon as practicable of an "occur- "written requires you to provide such coverage claimrence or an offense which may such in e for that additional insured, and then the insur- claim in the extent possible, such notice ance provided to the additional insured ap should include CG D4 14 04 08 ®2008 The Travelers Companies,Inc. Page 1 of 2 005a72 COMMERCIAL 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 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 ansing 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 Sec- the additional insured, the additional insured Lion: must i. Immediately record the specifics of the "Written contract requiring insurance" means that Cairn or"suit"and the date received, and Part of any written contract or agreement under 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- erviise 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 "sun' to Page 2 of 2 0 2008 The Travelers companies,Inc CG D414 04 08 Terra Insurance Company RECEIVED M (A Risk Retention Group) JAN 0 3 2012 Two Fifer Avenue, Suite 100 Corte Madera CA 94925 CITY OF KENT CERTIFICATE OF INSUR INSFRimc; nI"RT DATE A RISK RETENTION GROUP Ol/01/12 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 policy of insurance listed below has 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 policy described herein is subject to all the terms,exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. -_ -- -- - -- TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 212019 01/01/12 12/31/12 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION City of Kenr,iiawiey itVaCi Levee uripiovoments Project. GeoEngineers File No. 0410-175-0i. 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 &)UJ President REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENO YVgS HINGTON This farm must he printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Kelly Casteel Phone (Originator) 5561 Date Sent 6/4/12 Date Required 6/11112 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 6/30/13 VENDOR NAME: GeoEngmeers, Inc DATE OF COUNCIL APPROVAL: 7/5/11 Brief Explanation of Document: The attached Amendment No 1 is to extend the time for completion for the Hawley Road Levee contract to June 30, 2013 The extension is necessary because CLOMR review has been suspended by FEMA while the high ground/highway embankment issues is worked out with FEMA/FHWA/WSDOT All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received CWE) Approval of Law Dept . JUN 0 5 201Z Law Dept Comments• 1. la�.- Date Forwarded to Mayor. �� C% E',ent C� t Sa ;IT'D, Shaded Areas to Be Completed by A mmistration Staff Received: ,n Recommendations & Comments: � Disposition: �/� /y JV cJ��o�d A�� �r r Date Returned. Cl CIEGr; Iage5670_terrplatebase • 2/07