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HomeMy WebLinkAboutPW11-300 - Amendment - #1 - GeoEngineers, Inc. - Horseshoe Bend & Foster Park Levees - 12/21/2012 a ar:+asI t .. . Records Management,— KENT Document WASHiNGTON �j"E " 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: pw l l- s o This is assigned by City Clerk's Office Project Name: Horseshoe Bend and Foster Park Levees Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: J la-.2 ice 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: Mark Madfai Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2013 because additional work may still be needed for responses to the CLOMR report. S Publlc\RecordsManagement\Farms\ContractCover\adcc7832 1 11/08 KENT WlS.11 oTOe AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: GeoEnoineers, Inc. CONTRACT NAME & PROJECT NUMBER: Horseshoe Bend and Foster Park Levees ORIGINAL AGREEMENT DATE: November 30, 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 because additional work may still be needed for responses to the CLOMR report. 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, $67,930.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $67,930.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $67,930.00 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. CONSULTA"VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: UZ A!a1lI.LV SOAl rPnt N uzette Cooke Its �YIYIGID Mayor (title) title) DATE: /01, DATE: APPROVED AS TO FORM: (applicable if Mayor's sfgnat e required) C �1'V Kent Law Departmen GeoEngineers-Horseshoe Bend 4 Amd t/Madfai AMENDMENT - 2 OF 2 `'��® CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 03/2 /2o 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 71FICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES _JW. 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 ACT Willis of Seattle, Inc. C E'V O FAX c/o 26 Century Blvd ExT 877-945-7378 NOI 688-467-2378 P. O. Box 305191 A5MRE' certificates@willis.com Nashville, IN 37230-5191 APR 0 3 2012 INSURER(S)AFFORDINGCOVERAGE NAICB f INSURERA Travelers Property Casualty Company of Am 25674-003 INSURED CITY OF 94661RER Travelers Property Casualty Company of Am 25674-002 GeoEngineers, Inc. KEICURERC 1101 Fawcett Ave, Ste 200 ENGINEERING tJ RERD NS Wausau Underwriters Insurance Company 26042-001 Tacoma, WA 98402 INSURERE INSURER F COVERAGES CERTIFICATE NUMBER:17560295 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 DD' SUB POLICYNUMBER POLICYEFF I ICYEXP LIMITS L NSR WVD MMI YVM A GENERAL LIABILITY Y 660533D1564TIL12 3/31/2012 3/31/2013 EACHOCCURRENCE $ 1,000,000 X i COMMERCIAL GENERAL LIABILITY PREMI ETORENTED PREMISES Eaoccurence $ 100,000 CLAIMS-MADE OCCUR MED EXP(Anyone person) $ 5,000 PERSONAL FADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.000.000 1'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY T PRO LOC $ B AUTOMOBILE LIABILITY y 810532D8375TIL12 3/31/2012 3/31/2013 COMBINED SINGLELIMIT 1,OOD,000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS (AUTOS Peraccident $ $ UMBRELLA LIAB OCCUR EACHOCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ 8 C I WORKERS COMPENSATION WCJZ91451667012 3/31/2012 3/31/2013 X AND EMPLOYERS'LIABILITY T RY LIMITS E ANY PROPRIETOR'PARTNER/EXECUTIVE Y/❑ TRH NIA EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED 'Mandatory nNH) EL DISEASE-EA EMPLOYEE $ 1,000,000 f Yes,descnbe under DESCRIPTION OF OPERATIONS below I EL DISEASE-POLICY LIMIT Is 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Acord 101,Additonal Remarks Schedule,if more space is required) WA Stop Gap, USL&H and Maritime Employers Liability coverage is included under Workers' Compensation coverage evidenced above. Re: Horseshoe Bend and Foster Park Levees - UPRR to RM 26.0 GeoEngineers File No. 0410-172-04 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 AUTHORIZED REPRESENTATIVE City of Kent - Nancy Yoshitake 499 West Gowe Kent, WA 98032 Coll:3678187 Tpl:1419340 Cert:17560295 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID- 661100 LOC#: �® ADDITIONAL REMARKS SCHEDULE Page of 2 AGENCY NAMEDINSURED GeoEngineers, Inc. Willis of Seattle, Inc. 1101 Fawcett Ave, Ste 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 The City of Kent is included as an Additional Insured as respects to General Liability and Auto Liability. General Liability policy shall be Primary and Non-Contributory with any other insurance in force for or which may be purchased by Additional Insured. ACORD101 (2008/01) Coll:3678187 Tp1:1419340 Cert:17560295 ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO POLICY NUMBER: P-Si 0-532DS375-TI L- 1Y ISSUE DATE- 3-31-2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following, BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM _ With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form, SCHEDULE Name of Person(s)or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT 15 SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" undeFthe Who Is An Insured Provision contained in Section ti of the Coverage Form R= o a. o� w= CA 20 48 02 99 Copyright, Insurance Services Office, Inc, 1998 Page 1 of 1 ON 037 COMMERCIAL GENERAL LIABILITY Policy li : 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 "written contract re- written contract requiring insurance"to include as quiring insurance" requires you to provide an additional Ensured 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 contract is excess over any valid and collectible "other in- of "your insurance" applies. The person or surance", whether primary, excess, contingent or requiring in does not qualify as an additional on any other basis, that is available to the addi- organi 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- c. In the event that the L-emits 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 insurance". But this insur- shall be limited to the limits of liability required ance provided to :he additional insured still is ex- by that "written contract requiring insurance". cess over any valid and collectible "other insur- r This endorsement shall not increase the limits ance", whether primary, excess, contingent or on m„ 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 €ncluded in the "products- - completed operations hazard" unless the a. The additional insured must give us written " ., notice as soon as practicable of an "occur- - wntten contract requiring insurance specifi cally requires you to provide such coverage claim or an offense which may sucresh in e for that additional insured, and then the insur- claim in the extent possible, such notice ante provided to the additional insured ap should include CG D4 14 04 08 02008 The Travelers Companies,Inc Page 1 of 2 ODS872 COMMERCIAL GENERAL LIABILITY L 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 t0 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 ante available to the additional insured which offense. covers that person or organization as a named insured, b. If a ca;m is made or"suit" is brought against 4. The following is added to the DEFINITIONS Sec- the additional insured, the additional insured must: tron. i. Immediately record the specifics of the Written contract requiring insurance means that claim or sort'and the date received, and part of any written contract or agreement under which you are required to include a person or or- ii. Notify us as soon as practicable 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 executon of the contract us copies of all legal papers received in con- or agreement by you; nectlon 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- ervaise comply with all policy conditions_ c. Before the end of tt e policy period_ I d. The additional insurers must tender the de- fense and indemnity of any claim or "suit" to Page 2 of 2 0 2008 The Travelers Companies, Inc CG D414 04 08 Terra Insurance Company (A Risk Retention Group) RECEIVEr, Two Fifer Avenue, Suite 100 �- Corte Madera CA 94925 JAN 0 3 2012 CERTIFICATE OF INS& 1�J N x t9 DATE ENGINEERING OP-r A RISK HE"E4710" RDOp 01/01/12 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 H^ iZ „a , : r. . . 'c.: r c c t r. F o E;..torutio.^.s fo. A a4:t: 1.1n t . yr Scs.n,.. aBcn I i_..., A vowI .u vwo, Subsurface ar. t . .v... uI P.i3 From UPRR to RM 26 0 File No 0410-172-04 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 Attn Nancy Yoshitake 400 West Gowe bui Kent, WA 98032 President /I ;> REQUEST FOR MAYOR'S SIGNATURE KENT Please FIII in All Applicable Boxes / D Reviewed by Director Originator's Name: Mark Madfai Dept/Div. En ineerin /Desi n Extension: 5521 Date Sent: Date Required: Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/13 VENDOR: GeoEn sneers, 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 Decen r nrseshoe Bend and Foster Park Letiees Proiect because additional work may still be needed for responses to the CLOMR report. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: Law Dept, Comments: RECEIVED DEC 2 � 2012 Date Forwarded to Mayor: L / f Wf 3"r D CA-0 the P�iayor Shaded Areas To Be Completed By Administrati �� Received: DEC 2 1 I 4��'- --�'� � 2o�z i� Recommendations and Comments: Disposition: /z/�� �`� C'L`"� Date Returned: