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HomeMy WebLinkAboutPW11-299 - Amendment - #1 - GeoEngineers, Inc. - Hawley Road Levee - 11/20/2012 Records Mana­`go"�6me`"FU KENT Document WA SHI,OTOH FORM 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 I w Contract Number: � I- a- 9 This is assigned by City Clerk's Office Project Name: Hawley Road Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ElOther: /l H2O- /oZ Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nick Horn Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2013 so that the consultant can continue to assist with additional analysis and/or certification. 5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 6 KENT W n S MI NGi0N AMENDMENT NO. i NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: Hawley Road Levee ORIGINAL AGREEMENT DATE: November 21, 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: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2013 so the Consultant can continue to assist with additional analysis and/or certification. 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, $15,050.00 Including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $15,050.00 Including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $15,050.00 I AMENDMENT - 1 OF 2 Original Time for Completion 12/31/12 (Insert date) Revised Time for Completion under n/a prior Amendments (Insert date) Add'I Days Required (t) for this 365 calendar days Amendment Revised Time for Completion 12/31/13 (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. CONS T/VENDOR: CITY OF KENT: By: ULT s91WJ041--- By: C�. (signature) (signature) Print Name: 1NDE12.SON Pr nt N m uzette Cooke Its FfiN&II9& Its Mayor (title) (trtle DATE: IlJdt/wbfx 151 WIZ DATE: / APPROVEb AS TO FORM: (applicable if U quired) Kent Law Departm GeoEngmeers-Hawley Rd 3 Amd 1/Horn AMENDMENT - 2 OF 2 AC ® PATE(MM/oDIYYYY) CERTIFICATE OF LIABILITY INSURANCEpage 1 of 203/27/2012 'S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS TIFICATE 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 thetemns and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rightsto the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AM Willie of Seattle, Inc. Em G E HONE c/o 26 century sled. A/c NO EXT 877-945-7378 A No 888-467-2378 EMAI P. 0. Box 305191 AD08_SS certificates@willis.com Nashville, TN 37230-5191 APR 0 2 2012 INSURER(S)AFFORDINGCCVERAGE NAIC# INSURERA Travelers Property Casualty Company of Am 25674-003 INSURED ` F KEN INSURERS Traveler a Property Casualty Company of Am 25674-002 1101 Fawcett Ina. ENGIINEERING DEP 1101 Fawcett Avenue, Su 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 PO DD' SUB LICY EFF POLICY EXP INSR LIMITS L TYPEOFINSURANCE SR WVO POLICY NUMBER MM/DD YV MMIDD A GENERAL LIABILITY Y 660533DI564TIL12 3/31/2012 3/31/2013 EACHOCCURRENCE $ 11000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccurence $ 100,000 CLAIMS-MADE OCCUR MED EXP(Anyone person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 ❑EN'L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMPIOP AGG IS 2,000,000 POLICY X PET RO LOC $ $ AUTOMOBILE LIABILITY 810532D8375TIL12 3/31/2012 3/31/2013 (Faa28cde0t'INGLEUMIi $ 1,000,000 X ANYAUTO BODILY NJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIAED AUTOS AU705 Per accident $ UMBRELLAUAS OCCUR EACH OCCU RRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ Y L WORKERS COMPENSATION W 51_1 TH- ANDEMPLOYERS YIN EL EACH ACCIDENT $ 'LIABILITY T RM1 E ANY PROPRIETOR/PARTNER/EXECUTIVE N/A OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $ JfMandatory In NH yes,describe un er DESC RI PTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I 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 acrreed that city of Kent Enclineerincr is included as an Additional Insured as resT>ects 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 Kent, WA 98D32 Coll:3678187 Tpl:1419313 Cert:17560368 ©1988-2010ACORD CORPORATION.All rights reserved. l LUl:ti. 1'� ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED GeoEngineers, Inc. W is of Seattle, Inc. 1101 Fawcett Avenue, Suite 200 PG. NUMBER Tacoma, WA 98402 See First Page CARRIER NAIC CODE See First Page EFFECTIVEDATE 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) Coll:3678187 Tpl:1419313 Cert:17560368 ©2008ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY Policy #: 660533DI564TIL12 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 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 "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 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 is limited as follows apply on a primary basis or a primary and non- ni 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 cured 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 rrisurance" But this insur- e— shall be limited to the limits of liability required ante 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 ante", 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 forthat additional insured, and then the insur- claim To the extent possible, such notice ante provided to the additional insured ap- should include: CG D4 14 D4 08 ®2008 The Travelers Companies,Inc Page f of 2 oosez2 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 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 the additional insured, the additional insured 4. The following is added to the DEFINITIONS Sec must. tion. i. 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 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 wntten 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. Afterthe 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- fence and indemnity of any claim or "suit' to Page 2 of 2 0 2008 The Travelers companies,Inc CG d414 04 08 � , f Terra Insurance Company RECEIVED (A Risk Retention Group) J flaN0 3 2012 Two Fifer Avenue, Suite 100 Corte Madera CA 94925 CITY OF KENT CERTIFICATE OF INSUR 1NEER1M(; nr-VT DATE A RISK.RETENTION GROUP 01/_01/12 NAME AND ADDRESS OF INSURED GeoEngtneers,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 ANNUALAGGREGATE PROJECT DESCRIPTION City of i,�cnt,riawtey Road Levee ftnprovemems Fiojecc Geol3ngineers File No 0410-175-01. 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 KENT Please Fill in All Applicabl oxes Reviewed by Director Originator's Name: Nick Horn Dept/Div. En inee-fin /Desi n Extension: 5529 Date Sent: i o, ' a Date Required: it Return to: Nanc Yoshitake CONTRACT TERMINATION DATE: 12/31/13 VENDOR: GeoEn ineers, Inc. DATE OF COUNCIL APPROVAL: N/A ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 1 is necessary to extend the time of completion to December 31, 2013 for the Hawley Road Levee agreement. CLOMR review was suspended by FEMA while the issue of using the highway embankment as high ground is resolved with FEMA/FHWA/WSDOT; once the issue is resolved additional analysis and/or certification will be required by GeoEngineers. .:tv All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: r r Approval of Law Dept.: ILL NOV 2 0 20i2 Law Dept. Comments: LAW NEP Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: �� _ i Disposition: ��/7ip�z-��>�oC��f')'ti9� _ � CI'1 vi h 'r'I Date Returned: