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PW13-029 - Amendment - #2 - GEI Consultants, Inc. - Briscoe-Desimone Levee Engineering Services - 12/16/2014
i ece� rcl anae e #k KENT Document W nsHIH crox i 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: ?L1\11 :— `zq-- c/" This is assigned by City Clerk's Office Project Name. Briscoe-Desimone Levee Description: ❑ Interlocal Agreement O Change Order ® Amendment ❑ Contract ❑ Other; Contract Effective Date: Date of the Mayor's signature Termination Date: 7J1f 15 Contract Renewal Notice (Days). Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Contract Amount: Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to July 1, 2015. The contract includes engineering services for Reaches 2, 3, and 4. Design for Reaches 2 and 3 are complete. Due to other priorities, Reach 4 design was delayed and is scheduled to be completed in the spring of 2015 As of; 08/27/14 i KETI ■ wne ur T. AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: GEI Consultants, Inc. CONTRACT NAME & PROJECT NUMBER: Briscoe-Desimone Levee ORIGINAL AGREEMENT DATE: March 12, 2013 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: i The scope of work remains the same, however an amendment is needed to extend the time of completion to July 1, 2015. Due to other priorities, Reach 4 design was delayed and is scheduled to be completed in the spring of 2015. 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, $608,223.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $608,223.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $608,223.00 - I i AMENDMENT - I OF 2 Original Time for Completion 3/1/14 (insert date) Revised Time for Completion under 12/31/14 prior Amendments (insert date) Add'I Days Required (f} for this 182 calendar days Amendment Revised Time for Completion 7/1/15 (insert date) I 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/VENDOR: rs 4f CITY OF KENT: By. &' (signa uP�) t (srg ature),: Print Name: :3 t� Print Name: Suzette 'Cocike Its 'f 1 44, Its Mayor j (title) (title) DATE: Al htj DATE: E� t> i APPROVED AS TO FORM, (applicableJrf Mayor's signature require t Kent Law Department GEI-Briscoe-0aMmone levee 3 Amd 211-angholz AMENDMENT - 2 OF 2 I ! GEICONS-01 KPAWLOWSKI aco�zflW CERTIFICATE OF LIABILITY INSURANCE DATE(MM°°YYYY) �"' 4/30/2014 ''IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS iRTIFICATE 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 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 FAX 859 Willard Street ac N (617)328.6555 (A!C Not:(617)328-6888 Suite 320 ADDRESS AIL Quincy,MA 02169 INSURER(S)AFFORDING COVERAGE _ NAIC# ____ INSURER A:National Union Fire Insurance Company of Pittsburgh,PA 19446 INSURED _INSURERS:Continental Casualty Company(CNA)A(XV) 20443 GEI Consultants,Inc INSURERc_AIG Specialty Insurance Company A(XV) 26883 180 Grand Ave INSURER D: Oakland,CA 94612 INSURER E: 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. HIS TYPE OF INSURANCE WOOL BURR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDD/YYYY M IDD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -DAMAGETOR-MADE OCCUR X X 7046470 0510112014 0310912015 PREMISES Eao mrenos $ 300,00 MED EXP(Any one person) $ 10,000 PERSONAL&AOV INJURY $ 1,000,00 GEHL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY X JECT N LOC PRODUCTS-COMP/OP AGO_ $ _ 2,000,00 OTHER: $ t AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 -go accident A X ANYAUTO X X 2248367 06/0112014 03/01/2016 BODILY INJURY(Per person) $ TOS ALL OWNED SCHEDULED BODILY INJURY(PeraaAtlent) $ X AUTOS N NON-OWNED PROPERTY DAMAGE $ HIRED AUTOSAUTOS Per acdtlent _ $ X UMBRELLA LIAR X OCCUR EACHOCCURRENCE $ 4,000,000 B EXCESS LIAR CLAIMS-MADE X X L6011396137 06/01/2014 03101/2015 AGGREGATE $ 4,000,00 DED X RETENTIONS 0 $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE _ ER A ANY PROPRIETOR/PARTNERAE ECUTIVE YIN X 026034972 06/01/2014 03101/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? NIA - - -- (MandatoryinNH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Uyes describe under 1,000,000 DESCRIPVON OF OPERATIONS belovr ELDISEASE-POLICY LIMIT $ C Prof.Liability 17788026 (16/01/2014 0310112016 Per Claim 5,00000C C &Pollution Liab. 17786026 0S/0112014 03/01/2015 Aggregate 51000:00C i DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES(ACORO 101,Additional Remarks Schedule,maybe attached if more space Is required) Project:Briscoe-Desimone Levee Setback Floodwall Design,Reaches 2,3,and 4 The City of Kent,King County and the King County Flood Control District are named as Additional Insured on a primary and non-contributory basis with respect to general liability for ongoing and completed operations,auto,and umbrella liability as required by written contract,for liability arising out of the operations of the named insured while performing work for the City,the District,and the County.General Liability policy includes severability of interest/ cross liability provisions.Umbrella policy sits In excess of the general liability,auto and employer's liability;follows form.All policies Include a waiver of subrogation in favor of The City of Kent,King County and the King County Flood Control District.30-day notice of cancellation will he Issued in accordance with policy terms and conditions.(WOS,Binkt Al,30.10NOC forms) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CityOf Kent Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Mr.Ken Langholz 20 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD i OEI consultants, Inc. Effective 05/01/2014-03/01/2015 POLICY NUMBER: 7046470 COMMERCIAL GENERAL LIABILITY CO 20 37 0413 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organizations) Any Persons or Organization whom you become obligated to include as additional Insured as a result of any written contract or agreement you have entered into. Information required to complete this Schedule, it not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to tional insured will not be broader than that include as an additional insured the person(s) or which you are required by the contract or organization(s) shown in the Schedule, but only agreement to provide for such additional with respect to liability for "bodily Injury" or insured. "property damage" caused, in whole or in part, B. With respect to the insurance afforded to these by "your work" at the location designated and additional insureds, the following is added to described In the Schedule of this endorsement Section III - Limits Of Insurance: j performed for that additional insured and If coverage provided to the additional Insured is included In the "products-completed operations required by a contract or agreement, the most hazard", we will pay on behalf of the additional insured However: is the amount of insurance: 1. The insurance afforded to such additional 1. Required by the contract or agreement; or insured only applies to the extent permitted 2, Available under the applicable Limits of Insu- by law; and rance shown in the Declarations; 2. If coverage provided to the additional whichever is less. Insured is required by a contract or agree- ment, the Insurance afforded to such add!- This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decia- rations. I I CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 0 ENDORSEMENT# i This endorsement, effective 12:01 A.M.,5/01/2014-3/01/2015 forms a part of General Liability Package Policy I i Policy No. 7046470 issued to GEI Consultants,Inc. By National Union Fire Insurance Company. i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy Is amended as follows: In the event that.the Insurer cancels this policy for any reason other than non-payment of premium; and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holderfs)") and has provided to the Insurer, either directly or through Its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer smelling the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, In any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shalt this endorsement invest any rights In any entity not insured under this policy, i The following Definitions apply to this endorsement: 1. First Named Insured means the Named insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. I All other terms, conditions and exclusions shell remain the same. Authorized Representative 107414`03/11. .. Page 1 GEI Consultants Inc . G-140428-A CAM Policy # L6011396137 (Ed. 10/01) Effective 5/01/14-5/01/15 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA PLUS COVERAGE PART In the event of cancellation of this coverage,we agree to mail prior written notice of cancellation to: SCHEDULE I. Name: ANY PERSON OR ORGANIZATION YOU ARE REQUIRED BY WRITTEN CONTRACT OR ADDRESS: PER CERTIFICATES ON FILE 2. Address: AGREEMENT TO MAIL PRIOR WRITTEN WITH BROKER. NOTICE OF CANCELLATION. 3. Number of days advance notice: 30* * 10 DAYS NOTICE WILL APPLY TO NON-PAYMENT OF PREMIUM. I I i N � O i G9 � I G-140428-A Page 1 of 1 (Ed. 10f01) REQUEST FOR MAYOR'S SIGNATURE T Please Fill in All Applicable Boxes rf~ $& ewe bybire ctor Originator's Name: Ken Langholz De tJDiv. Engineering--- Extension; 5516 D to Sent: Wi5 `, Date Required: / 11 d r _ Return to: Nancy Yoshitake CONTRACT TERMINA ION DATE: 7J1J15 VENDOR: GEI Consultants, Inc. DATE OF COUNCIL APPROVAL., N/A I ATTACH THE COUNCIL 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 July 1, 2015. The contract includes engineering services for Briscoe-Desimone Levee Reaches 2, 3, and 4. Design for Reaches 2 and"3 are complete. Due to other priorities, Reach 4 design was delayed and is scheduled to be completed in the spring of 2015. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: "fr ✓ Approval of Law Dept.. i II Law Dept. Commerts ;a xf Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: - . i 'Recommendations and Comments: " 3 ; ) i- Disposition: City of 14,E rtt , o.r ft.t.€` "ff tl in�l r , Date Returned: i