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HomeMy WebLinkAboutPW12-018 - Amendment - #1 - GEI Consultants, Inc. - Desimone & Briscoe Levees - 08/09/2012 Records Mar agemery . KENT Document WFSHINGTON 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: ]D Edwards Number Contract Number: Po I A-<D 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 signatureTermination Date: 7/1/13 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.): Perform analysis and certificateion of the Briscoe/Desimone Levee. _ ► _,_ 2, S:Publlc\Record$Management\Forms\ContractCover\adcc7832 1 11/08 ( r . KENT WhS HIN GTON AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: GEI Consultants, Inc. CONTRACT NAME & PROJECT NUMBER: Briscoe/Desimone Levee ORIGINAL AGREEMENT DATE: February 29, 2012 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: Perform analysis and certification of the Briscoe and Desimone Levees. For a description, see the Consultant's June 27, 2012 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, $284,883.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $284,883.00 including all previous amendments Current Amendment Sum $59,628.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $344,511.00 AMENDMENT - I OF 2 Original Time for Completion 3/1/13 (insert date) Revised Time for Completion under n/a prior Amendments (Insert date) Add'I Days Required (t) for this 122 calendar days Amendment Revised Time for Completion 7/1/13 (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/VEND CITY OF KENT: By: By: (signa ure) (signature) Print Name: r O ,. Pr t Nai�m uzette Cooke Its �j'io ay � _ (title Role) DATE: �NXM 9. 2�,tZe DATE: 9 APPROVED AS TO FORM: -(applrcabl 1fMayor's signa re required vV V Kent Law Department GEI-BnSCWDeSnone Levee 2 Amd ul.angholz AMENDMENT - 2 OF 2 EXHIBIT A V i G E I <<,,,.,,,. , Geotechnn:al June 27 2012 F;nvironmental ' Water Resources Ecolopcal Mr Ken Langholz City of Kent Public Works Department 220 Fourth Avenue South Kent,WA 98032 RE: Proposal for Supplemental Engineering Services Briscoe/Desimone Levee CLOMR Project City of Kent,Washington I Dear Mr. Langholz: We are pleased to submit this proposal for supplemental services for the Briscoe-Desimone CLOMR project. Our proposed scope of work is based on our telephone conversation with you on June 26, 2012. Background The City of Kent has identified four reaches of the Briscoe-Desimone Levee that are in need of repair to meet the minimum requirements of 44 CFR 65,10 for the FEMA base flood(1-percent-annual- chance flood). The proposed levee improvements involve constructing a sheet pile floodwall along the landward toe of the existing levee within these reaches. King County has not supported the City of Kent's proposed repairs and instead proposes to setback the levee from its current alignment. The City of Kent and King County have been meeting to discuss their proposed repair alternatives in an effort to develop a final project. Scope of Work Our proposed scope of work is an addition to our previous scope contained in our Consulting Services Agreement dated February 29,2012 and is summarized below: Task I—Attend Meetings with King County We will participate in meetings with the City and King County in support of ongoing coordination efforts. For this proposal, we have assumed we will attend 3 meetings. Our work will include: • Preparing for the meeting, www'gelconsultants com Ghl Consultants,Inc 180 Grand Avenue,Suite 1410,Oakland,CA 94612 510 350 290C tax 5103502900 i Mr.Ken Langholz 2 June 27,2012 • Preparing presentation materials,and • Attending meetings. Task 2—Support the City's effort in coordinating with King County We will continue to support the City's efforts in ongoing coordination with King County. For this proposal, we have assumed a required level of effort of 80 hours. Our work will include: • Preparing response letters and documents to address issues identified during coordination, • Responding to action items identified in meetings. Cost Estimate We will perform the above scope of service on a time and materials basis. Based on the assumed level of effort,we estimate that the cost of performing the services outlined above will be approximately$59,628 as detailed in the table below. I Labor Budget Grade 8 Grade 6 Staff Professional Professional Expense Task (A.Pujol/ (J.Nickerson/ Labor Budget Total L. Wooten K. Dirocco Total g Rate ($234/hr) ($175/hr) l —Meetings 72 120 $37,848 $6,500 $44,348 2—County Coordination 20 60 $15,180 $100 $15,280 Support Total 92 180 $53,028 $6,600 $59,628 We should note that at this time it is not possible to accurately estimate the level of effort that will be needed to support the City in its efforts to obtain the needed project approvals due to uncertainties i regarding the extent of coordination needs that will eventually be required.These uncertainties will be resolved as the project continues through the approvals process Additional coordination requirements or project changes beyond our control could become apparent during this process and necessitate a further scope and budget adjustment. Terms and Conditions Our work will be performed in accordance the terms and conditions negotiated by the City of Kent and GEI Consultants,Inc.under our Consulting Services Agreement dated February 29,2012. Invoices will be submitted monthly based on the services performed as of the end of each billing period. r. . Mr.Ken Langholz 3 June 27,2012 We appreciate the opportunity to submit this proposal and look forward to continue working with you and your colleagues 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 F DATE �L� 04/20/2012m f� CERTIFICATE OF LIABILITY INSURANCE 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 BEL OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED R :SENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMt-oRTANT 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 1-617-328-6555 CONTACT Michael Herlihy NAME Ames & Gough, Inc. o PHONE Exti 617-328-6555 FAX 859 Willard Street REDUCER PADDESS RODUCER A/C No Suite 320 YYYIOO�� Quincy, MA 02169 CUSTOMER ID INSURERS AFFORDING COVERAGE NAICR INSURED " 1 - � INSURERA National Fire Insurance of Hartford GEI Consultants, Inc. � INSURER National Fire Insurance of Hartford '+ 400 Unicorn Park Drive cI��,,rr++� KF'N �9' INSURER Transportation Insurance Co. (IN) N Y:C w 9 INSURERD Valley Forge Insurance Co. (CA) Woburn, MA 01801 INSURERS National Fire Insurance of Hartford (AO ) INSURER CHARTIS 1M COVERAGES CERTIFICATE NUMBER: 26754035 REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INauAwiNt c LISTED BELOW HAVE BEEN ISSUED TO FHE 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 INS R ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICYNUMBER MMIDD MM/DD A GENERAL LIABILITY 4034941519 05/01/1 05/01/13 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 300,000 CLAIMS-MADE 1XI OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- LOC $ B _.OMOBILE LIABILITY 4029290153 05/01/1 05/01/13 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B X 2099584656 05/01/1 05/01/13 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIREDAUTOS (Per accident) $ NON-OWNED AUTOS $ C X UMBRELLA LIAB X OCCUR 4034941567 05/01/1 05/01/13 EACHOCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DEDUCTIBLE $ RETENTION $ _ $ D WORKERS COMPENSATION 4034941603 05/01/1 05/O1/13 X WTo C ST BTU- OTH- AND EMPLOYERS'LIABILITY 05/01/13 1,000,000 E' ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 4034941410 05/01/1 EL EACH ACCIDENT �$ OFFICEWMEMBER EXCLUDED? N N/A (Mandatory in NH) E L DISEASE-EA EMPLOYE $ 11 000,000 If DES IPTIONescribe under EL DISEASE-POLICY LIMIT , $ 11 000,000 DESCRIPTION under OPERATIONS below F PROFESSIONAL LIABILITY COPS 17788026 05 01 1 13 PER CLAIM 1,000,000 & CONTRACTOR'S POLLUTION AGGREGATE 11000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Proposal 616351 City of Kent is included as Additional Insured with respect to General, Auto and Umbrella Liability (Form Attached-Blanket) . A Severability of Interest provision will apply. The Insurance coverage for GL and Auto shall be primary and non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Timothy J. LaPorte 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98032 USA ^tom+.{ �/ v � " �c mgardikas ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD 26754035 G-140331-C CNA (Ed 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract" per Paragraph A below) As per Certificate Locations of Covered Operations (As per the"written contract," provided the location is within the"coverage territory"of this Coverage Part) As per Certificate A. Section II - Who Is An Insured is amended to 2. We will not provide the additional insured any include as an additional insured broader coverage or any higher limit of 1. Any person or organization whom you are insurance than the least that is required by "written contract" to add as an a. Required by the"written contract", additional insured on this Coverage Part, and b. Described in B.1. above, or 2. The particular person or organization, if any, scheduled above c. Afforded to you under this policy B The insurance provided to the additional insured is 3. This insurance is excess of all other insurance limited as follows available to the additional insured whether on a primary, excess, contingent or any other basis 1. The person or organization is an additional But if required by the "written contract," this insured only with respect to liability for "bodily insurance will be primary and non-contributory injury," "property damage," or "personal and relative to insurance on which the additional advertising injury" caused in whole or in part by insured is a Named Insured a. Your acts or omissions, or 4. The insurance provided to the additional insured b. The acts or omissions of those acting on does not apply to "bodily injury," "property your behalf damage, or personal and advertising injury arising out of in the performance of your ongoing operations specified in the"written contract", or a. The rendering of, or the failure t render, any professional architectural, engineering, c. "Your work" that is specified in the "written or surveying services, including contract" but only for "bodily injury" or approving, or failing"property damage" included in the (1) The preparing, a pp g' g to "products-completed operations hazard," prepare or approve maps, shop and only if drawings, opinions, reports, surveys, field orders, change orders or drawings (1) The "written contract" requires you to and specifications, and provide the additional insured such (2) Supervisory, inspection, architectural or coverage, and engineering activities, or (2) This Coverage Part provides such coverage G-140331-C Includes copyrighted material of Insurance Services Office, Inc,with its permission Page 1 of 2 (Ed 10/10) r G-140331-C CNA (Ed 10/10) b. Any premises or work for which the We have no duty to defend or indemnify an additional insured is specifically listed as an additional insured under this endorsement until additional insured on another endorsement we receive from the additional insured written attached to this Coverage Part notice of a claim or"suit" C. SECTION IV — COMMERCIAL GENERAL 2. With respect only to the insurance provided by LIABILITY CONDITIONS is amended as follows this endorsement, the first sentence of 1. The Duties In The Event of Occurrence, Paragraph 4 a. of the Other Insurance Condition Offense, Claim or Suit condition is amended to is deleted and replaced with the following add the following additional conditions 4. Other Insurance applicable to the additional insured a. Primary Insurance An additional insured under this endorsement will as soon as practicable This insurance is primary and non- contributory except when rendered (1) Give us written notice of an "occurrence" or excess by endorsement G-140331-C, an offense which may result in a claim or or when Paragraph b below applies suit under this insurance, arid of any claim D. Only for the purpose of the insurance provided by or"suit"that does result, this endorsement, SECTION V — DEFINITIONS is (2) Except as provided in Paragraph B 3 of this amended to add the following definition endorsement, agree to make available any "Written contract" means a written contract or other insurance the additional insured has for a loss we cover under this Coverage written agreement that requires you to make a Part person or organization an additional insured on this Coverage Part, provided the contract or agreement (3) Send us copies of all legal papers received, 1. Is currently in effect or becomes effective during and otherwise cooperate with us in the investigation, defense, or settlement of the the term of this policy, and claim or"suit", and 2. Was executed prior to (4) Tender the defense and indemnity of any a. The"bodily injury"or"property damage"; or claim or "suit" to any other insurer or self insurer whose policy or program applies to a b The offense that caused the "personal and loss we cover under this Coverage Part advertising injury" But if the "written contract" requires this for which the additional insured seeks coverage insurance to be primary and non- under this Coverage Part contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured G-140331-C Includes copyrighted material of Insurance Services Office, Inc,with its permission Page 2 of 2 (Ed 10/10) REQUEST FOR MAYOR'S SIGNATURE Z�• Please Fill in All Applicable Boxes IKNT WASMIhGTON This form must he printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Ken Langholz Phone (Originator) 5516 Date Sent 8/8/12 Date Required 8/15/12 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 7/1113 VENDOR NAME: GEI Consultants, Inc DATE OF COUNCIL APPROVAL: 8/7/12 Brief Explanation of Document The attached Amendment No 1 to the Briscoe/Desimone agreement is for GEI Consultants to perform analysis and certification of the levees For a summary, see the attached prepared by Ken Langholz All Contracts Must Be Routed Through the Law Department E'-' 1VED (This Area to be Completed By the Law Department) Received- Approval of Law Dept O't r of Kent Office of t�� ��ia or Law Dept Comments AUG 09 20f2 KEN T LAN p� Date Forwarded to Mayor O( � 2- /� Shaded Areas to Be Completed by Administration Staff Received: G C nti'1 Recommendations & Comments: Disposition: Date Returned: Iage5870_templatebase • 2/07 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P E , Public Works Director Phone- 253-856-5500 KENT Fax, 253 856-6500 7 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 27, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: July 16, 2012 From: Ken Langholz, Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract Amendment with GEI Consultants, Inc/Desimone and Briscoe Levees Item - 5 Motion: Recommend authorizing the Mayor to sign a Consultant Services Contract Amendment with GEI Consultants, Inc. to perform additional analysis and consultation for the Desimone and Briscoe Levees in an amount not to exceed $59,628 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: On February 21, 2012, Council authorized GEI's contract for $284,883 to complete a Federal Emergency Management Agency (FEMA) Conditional Letter of Map Revision (CLOMR) for the levee section on the right bank (easterly side) of the Green River between S. 200th St. and S. 180th St. This section is known as the Desimone and Briscoe levees. The Public Works Department has requested GEI to perform additional services in support of the City's ongoing coordination efforts with King County. The additional costs are $59,628 for a total amended contract amount of $344,511. Budget Impact: This contract amendment will be funded out of the storm drainage account. �� I