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HomeMy WebLinkAboutPW11-120 - Amendment - #3 - GEI Consultants, Inc. - Boeing Levee Peer Review - 12/17/2013 t. R Records Ma erne i .n KENT Document V'I N 9 M i N GT ON =IW4 Ago 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: JD Edwards Number Contract Number: VW ■t" 120 This is assigned by City Clerk's Office Project Name: Boeing Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2014 so the Consultant can make the necessary updates to accreditation reports after levee construction. 5 Publlc\PecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT V✓ASHINGTOI. AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: GEI Consultants, Inc. CONTRACT NAME & PROJECT NUMBER: Boeing Levee ORIGINAL AGREEMENT DATE: March 17, 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, 2014 so the Consultant can make necessary updates to accreditation reports after levee construction. 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, $14,528.00 Including applicable WSST Net Change by Previous Amendments $14,568.00 including applicable WSST Current Contract Amount $29,096.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $29,096.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/11 (Insert date) Revised Time for Completion under 12/31/13 prior Amendments (Insert date) Add'I Days Required ( E) for this 365 calendar days Amendment Revised Time for Completion 12/31/14 (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: ( nat re) Q (signature) Print Name: t Uls _ Prin a e: ette Cooke Its Viii d�gi�6, Its Ma ) Vrtl tr e DATE: IZ// fS DATE: APPROVED AS TO FORM: (applicable if May is srg ature required) Kent Law Depart rrtQfft GEI Boeing Levee AmE 3/Hallock AMENDMENT - 2 OF 2 GEICONS-01 KPAWLOWSKI � CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDYYYY) 5/2012013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS -RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED .._PRESENTATIVE 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 CONTACT NAME Ames&Gough PHONE 617 328-6555 FAX,No 617 328-6888 859 Willard Street AIC E-MAIL Eztl ( ) Suite 320 ADDRESS Quincy,MA 02169 INSURER(S)AFFORDING COVERAGE NAIL# INSURERA National Fire Insurance Company of Hartford A(XV) 20478 INSURED INSURER B Charter Oak Fire Insurance Company 25615 GEI Consultants,Inc INSURER C Transportation Insurance Company A(XV) 20494 180 Grand Ave INSURER D Valley Forge Insurance Company A(XV) 20508 Oakland,CA 94612 INSURER E Chartis -INSURER F COVERAGES CERTIFICATE NUMBER: 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 IN RI TYPE OF INSURANCE ADDL WVD B POLICY NUMBER MM/DDLICY/YYYY MM/DD/YYYY LIMITS LTR IN SR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 REM A. X COMMERCIAL GENERAL LIABILITY X X 4034941519 5/1/2013 5/1/2014 P ET R 300,000 PREMISES Ea occurrence $ CLAIMS MADE OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&AOV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $ 2,000,00 POLICY X PROJEC LOC $ OMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 _ Ea accident $ B X ANY AUTO X X 810-1D708633 5/1/2013 6/1/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ ALL AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per ac ident) X I UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 C i EXCESS LIAB CLAIMS-MADE X X 4034941567 5/1/2013 511/2014 AGGREGATE $ 2,000,000 DED I X I RETENTION$ I $ WORKERS COMPENSATION X I WC STATU- OTH- AND EMPLOYERS'LIABILITY TCRY LIMITS ER D ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X 4034941410 5/1/2013 5/1/2014 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED'+ FNJ NIA (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 If yes descr oeunder 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY I N11T $ E Prof.Liability 17788026 5/1/2013 5/1/2014 Per Claim 1,000,000 E 17788026 5/1/2013 5/1/2014 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE Boeing Levee Project City of Kent is included as an Additional Insured regarding the General,Auto and Umbrella Liability policies(GL Form attached) Insurance(excluding professional liability and worker's compensation)shall be primary and non-contributory GL policy includes Severability of Interest provisions CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS Public Works Department 20 Fourth Ave South Kent,WA 98032 AUTHORIZED REPRESENTATIVE 91988-2010 ACORD CORPORATION All rights reserved. ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD G-140331-C CNA GEI Consultants, Inc. (Ed 10/10) Package Policy #4034941519, EFF. 5/1/13-5/1/14 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) Locations of Covered Operations (As per the"written contract," provided the location is within the"coverage territory" of this Coverage Part) 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.I. 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 a. The rendering of, or the failure to render, specified in the"written contract', or any professional architectural, engineering, c. "Your work" that is specified in the "written or surveying services, Including contract" but only for "bodily injury" or"property damage" included in the ( ) preparing, pprovin1 Thea or failingto g' "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) -s 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 This insurance is primary and non- will as soon as practicable 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, and 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 written agreement that requires you to make a for a loss we cover under this Coverage person or organization an additional insured on this Part' 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 the term of this policy, and investigation, defense, or settlement of the 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 b The offense that caused the "personal and insurer whose policy or program applies to a 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) • KENT H�5H1157 ON Agenda Item: Consent Calendar - 7M TO: City Council DATE: November 15, 2011 SUBJECT: Boeing Levee Project, Amendment/GEI, Peer Review — Authorize MOTION: Authorize the Mayor to sign an Amendment with GEI Consultants for peer review of the Boeing Levee Project in the amount not to exceed $14,568, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: On February 15, 2011, Council authorized GEI's consultant contract for peer review of the Conditional Letter of Map Revision (CLOMR) of the Boeing Levee in an amount not to exceed $17,920. The Public Works Department has requested GEI Consultants to perform additional services including peer review of the City's response to FEMA comments The additional costs are $14,568 for a total amended contract of $32,488. The Boeing Levee project is approximately one river mile in length and is located between S. 200th St. and S. 212th St. on the right bank of the Green River. This levee reach, in combination with the other levee segments along the Green River, protect the Kent Valley businesses and residential areas from flood risks. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This contract will be paid through a grant from the Washington Department of Ecology administered through the King County Flood Control District. REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Box 74�wewed Yyirector Originator's Name: Toby Hallock Dept/Div. Engineering/ vironmental Extension: 5536 Date Sent: Ia/IG 18 Date Required: 1a J3 l3 Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: GEI Consultants, Inc. DATE OF COUNCIL APPROVAL: 11/15/11 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 3 is necessary to extend the time for completion to December 31, 2014 for the Boeing Levee Project so GEI can make the necessary updates to accreditation reports after levee construction. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) ED `0 Received: �� Approval of Law Dept.: DF.0 16 20 3 U Law Dept. Comments: ) KENT �-p`w pEpT. 1b Date Forwarded to Mayor: Shaded Areas To Be Completed B s F--,w,1VtELJ Received: ' c Recommendations and Comments: office Qt Keni REVjEwoffice of the Mayo Dispositlon:0111-113--141rt / j DEC 18 2013 Date Returned: CITYOFKW CITY CLERK