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Home My WebLink AboutPW11-031 - Amendment - #2 - GeoEngineers, Inc. - Desimone & Briscoe Levees -12/21/2012 T Records Manage m* ent KEN WASHINGTON Document 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 11- b3� This is assigned by City Clerk's Office Project Name: Desimone & Briscoe Levees Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: V 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: Ken Langholz Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2013 due to ongoing negotiations with King County Flood Control District. S,Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 1 K E N T AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: Desimone & Briscoe Levees ORIGINAL AGREEMENT DATE: January 26, 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 due to ongoing negotiations with King County Flood Control District. 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, $158,425.00 including applicable WSST Net Change by Previous Amendments $66,145.00 including applicable WSST Current Contract Amount $224,570.00 including all prewous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $224,570.00 AMENDMENT - 1 OF 2 1 Original Time for Completion 12/31/11 (insert date) Revised Time for Completion under 12/31/12 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. CONSU VENDOR: CITY OF KENT: 14 By: LTAN /IW/1 4X-t- By: (signature) (signature) Print Name: N06E Pri N m uzette Cooke Its Its Ma or (title) (t/ti ) DATE: MJ� Xs!Jfi✓ DATE: l:2 APPROVED AS TO FORM: (applicabl if Mayor's signature fequ/red) c Kent Law Department GeoEngineers-Desimone B Briscoe nmd 2/Langholz AMENDMENT - 2 OF 2 '�� CERTIFICATE OF LIABILITY INSURANCE page 1 of 1 03127�012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS -IFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES B�_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 certlflcate holder Is an ADDITIONAL INSURED,the pollcy(Ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require anendorsement A statement on this certificate does not confer rights tothe certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Willis of Seattle, Inc. PHONE FAX c/o 26 Century Blvd. o Ex 877-945-7378 N N 888-467-2378 P. O. Box 305191 RECEIV M certificatesBwillis.com Nashville, IN 3723D-5191 INSURER(S)AFFORDING COVERAGE NAIC B INSURERA Travelers Property Casualty Company of Am 25674-003 INSURED APR 0 2 ZWLINSURERS Travelers Property Casualty Company of Am 25674-002 GeoEngineere, Inc. 1101 Fawcett Avenue, Suite 200 INSURERC Tacoma, WA 98402 �tK F-* ERD ENGINEERING RE INSURER F COVERAGES CERTIFICATE NUMBER'17560367 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 TYPEOFINSURANCE DO' SUB POLICY NUMBEfl POLICp EFYY PnAOLICY EXv LIMITS LTR N A GENERAL LIABILITY 660533DI564TIL12 3/31/2012 3/31/2013 EACH OCCURRENCE $ 1,000,000 DAMAX COMMERCIAL GENERAL LIABILITY PREMISES ETORENTED PREMISES RENT rence $ 100,000 CLAIMS-MADE OCCUR MED EXP(Anyone person) $ 5 000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 000 000 J'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OPAGG $ 2,000,000 POLICY T FE o LOC $ (Ea accident) $ .B AUTOMOBILE LIABILITY 810532D8375TIL12 3/31/2012 3/31/2013 COMBINED NGLELIMIT 1,000,000 dent) X ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIREDAUTOS NON-OWNED Pera cide t)' AG $ AUTOS UMBRELLALIAB OCCUR EACHOCCURRENCE $ EXCESS LIAB 1 CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION W TU- TH- AND EMPLOYERS'LIABILITY T RY LIMITS ER ANY PROPRIETOR(PARTNER/EXECUTIVE Y� OFFICER/MEMBER EXCLUDE LJ N/A EL EACH ACCIDENT $ D EtMandalory in NH' EL DISEASE-EAEMPLOYEE $ yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT Is DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Acord 101,Additional Remarks Schedule,if more space is required) GeoEnginners File No. 0410-176-00, Desimone and Briscoe Levees, Kent Washington. It is agreed that City of Kent Engineering is included as an Additional Insured as respects to General Liability. It is further agreed that such insurance as is afforded shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by the Additional Insured. 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 8 Ken 90 Kent, WA 632 Coll:3678187 Tpl:1419313 Cert:17560367 01998-2010ACORDCORPORATION All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIAB€LITY 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 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 nod of time for which the "written 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, whicheveris 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 N— COMMERCIAL GENERAL LIABILITY b. If, and only to the extent that, the injury or CONDITIONS- damage is caused by acts or omissions of The insurance provided to the additional insured you or your subcontractor in the performance of "your work" to which the "written contract €s excess over any rimvali and excess, "other in- requiring insurance" applies The person or on any whether primary, excess, contingent a or organization does not qualify as an additional on any other basis, that a available to the f you insured with respect to the independent acts specifictional insured for i loss "w cover However, if you or omissions of such person or organization insurance"lly agrees 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 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 ante provided to the additional insured still is ex- by that "\mitten contract requiring insurance". cess over any valid and collectible "other insur- W This endorsement shall not increase the limits ante", whether primary, excess, contingent or on r 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- 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 specify notice as soon as practicable of an "occur- --- tally 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 ante provided to the additional insured ap- should include• CG D4 14 04 08 ®2008 The Travelers Companies,Inc. Page 1 of 2 005872 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 4- The following is added to the DEFINITIONS Sec- the additional insured, the additional insured must: tron: L 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 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 mist 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. After the signing and executton 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- fense and indemnify of any clam or "suit' to Page 2 of 2 0 2D08 The Travelers companies, Inc CG D414 04 08 Terra Insurance Company RECEIVEC, (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera CA 94925 JAN 0 3 2012 CERTIFICATE OF INSURAeffy ut. rttN ' DATE ENGINEERING CDiEP7 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 $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION Desimone and Briscoe Levees, Kent, Washington GeoEngineers File No. 0410-176-00. CANCELLATION If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. - - -------- - - - - CERTIFICATE HOLDER ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) City of Kent Engineering Attn Nancy Yoshrtake 400 West Gowe Kent, WA 98032 President REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes ' eviewed by dy for Y Originator's Name: Ken Lan holz Dept/Div. En ineerin /De i n Extension: 5516 Date Sent: Date Required: Return to: NancyYoshitake CONTRACT TERMINATION DATE: 12/31/13 :VENDO GeoEn Ineers, Inc- OF COUNCIL APPROVAL: N/A ATTACH THE UNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 2 is necessary to extend the time of completion to December 31, 2013 for the Desimone and Briscoe Levees Project due to ongoing negotiations with King County Flood Control District. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: Law Dept. Comments: �� A" . ;� � � RECEIVED ; Date Forwarded to Mayor: �C�I - �� DEC 0 -201 Shaded Areas To Be Completed By Administration VW Cf`:$?e Mayor Received: Recommendations and Comments: Disposition: �`� GITY OF KENT CITY CLERK Date Returned: d