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HomeMy WebLinkAboutPW14-066 - Amendment - #1 - GEI, Consultants, Inc. - Briscoe-Desimone Levee Reach 1-4 - 01/26/2015 '�� a}� Records �M Document WA3HINGTON ',.. 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: Vy/ H - 0 U U - 00-1- This is assigned by City Clerk's Office Project Name: Briscoe-Desimone Levee Reach 1 Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 7J1J15 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 due to the Corps of Engineers' PL84-99 levee repair project. As of: 08(27J14 KE1V 7 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: GEI Consultants, Inc. CONTRACT NAME & PROJECT NUMBER: Briscoe-Desimone Levee Reach 1 ORIGINAL AGREEMENT DATE: March 25, 2014 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 July 1, 2015 due to the Corps of Engineers' PL84-99 levee repair project. 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, $399,124.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $399,124.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $399,124.00 AMENDMENT - 1 OF 2 I Original Time for Completion 311115 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (f} for this 122 calendar days Amendment Revised Time for Completion 7/1/15 (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/VENDOR: , V:" CITY OF KENT: By: By: (gignp tur { '� (signature) Print Nam l6 ' 9 Print Name j Suzette Cooke s Its @tg It " Mayor ( Citle) d`" (titles DATE: DATE: r' /1G APPROVED AS TO FORM: (applicable 'f Mayor's sig ature requir d) Kent Law epartment i i G[I-Briscoe-oesimone Levee 5 Amd L/Langhalz AMENDMENT - 2 OF 2 GEICONS-01 KPAWLOWSKI A ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM(ODIVYYY) V 4/30/2014 ]IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS e;ERTIFICATE 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 endorsemen s). PRODUCER CONTACT NAME: Ames&Gough arcoNro (617)328.6555 1.IAtC,Not:(617)328-6888 859 Willard Street E-MAIL -- Suite 320 ADDRESS: Quincy,MA 02169 !! INSURER(S)AFFORDING COVERAGE NAIC N _ INSURER A:National Union Fire Insurance Company of Pittsburgh,PA 19445 ' -INSURED - INSURER B:Continental Casualty Company(CNA)A(XV) 20443 GEI Consultants,Inc. INSURER C AIG Specialty reuranco Company A(XVL26883 180 Grand Ave INSURERD: Oakland,CA 94612 INSURERE: 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 CONTRACTOR 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 AD POLICY NUMBER MhOVFFT COATI' MMrDD1YY9Y LIMITS TR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 71TAUE70b R2RT0 -.. _ CLAIMS-MADE OCCUR X X 7046470 05701/2014 03101/2015 PREMISES Ea occumence _ $ - _ 300,00 lxlMED EXP(Any one person) _ is 10,600 PERSONAL&ADV INJURY ] $ 1,000,00 GENT AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ _ 2,000,00 POLICY[X I JE� � LOC PRODUCTS-COMPIOP AGO , $ _. 2,000,00 OTHER: $ AUTOMOBILE UABn1TY COMBINED SI NGLE LIMIT Eec $ - 1,000,00 acitlenf A X ANY AUTO X X 2248367 0610112014 03/01/2015 BODILY INJURY(Perperson) ALLONNED SCHEDULED BODILY INJURV(Peraeeidma) $ AUTOS AUTOS NON-OWNED —PROPERTY—DAMAGE $ X HIREDAUTOS X AUTOS Per accident $ LXJ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $._ 4,000,00 B EXCESS DAB CLAIMS-MADE X X L6011396137 05/0112014 03/0112015 AGGREGATE -_- $-_ 4,000,00 !' DED X RETENTION$ 0 $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ER A ANY PROPRIETORfPARTNEWEXECUTIVE YIN X 026034972 0510112014 03/0912015 EL EACH ACCIDENT t 1,000,000 OFFICERtMEMBER EXC'_UDED? �� NIA (Mandatory in NH) L.L.DISEASE-EA EMPLOYE $ - 1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C Prof.Liability 17788026 05/01/2014 03/01/2015 Per Claim 6,000,000 C &Pollution Liab. 17788026 05/01/2014 03/01/2015 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Kent Briscoe-Desimone Levee Reach 1,City of Kent 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 7 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 SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kant Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY P ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Mr.Ken Langhpiz 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 AGENCY CUSTOMER ID:GEICONS-01 KPAWLOWSKI LOC#: 1 ,CORD" ADDITIONAL. REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Ames&Gough GEI Consultants,Inc. 9 180 Grand Ave POLICY NUMBER Oakland,CA 94612 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insura Description of OperationslLocationsNehicles: subrogation in favor of The City of Kent,King County and the King County Flood Control District.30-day notice of cancellation will be issued in accordance with policy terms and conditions. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT#1 This endorsement, effective 12:01 A.M. forms a part of Policy No.2248367 issued to GEI Consultants, Inc. by: National Union Fire Ins. Co. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the f oilowinq: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person or organizations liability arising out of the use of a covered "auto. i. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE i 87950(10/05) GEI Consultants, Inc. Effective 05/01/2014-03/01/2015 POLICY NUMBER: 7046470 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operation Or Organlzation(s) 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, if not shown above, will be shown in the Declarations. A. Section it - 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 [[ability 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- 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 addi- This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 0 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it Is attached effective on inception date of the policy unless a different date is indicated below. (The following"attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 05/01/2014 forms a part of Policy No. 026034972 Issued to GEI consultants, Inc. By National Union Fire Insurance Company Premium We have the right to recover our payments from anyone liable for an injury covered by this policy, We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or Indirectly to benefit any one not named in the Schedule. Schedule i i This form is not applicable In California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington. WC 00 03 13 Countersigned by (Ed. 04f84) Authorized Representative ENDORSEMENT# This endorsement, effective 12:01 A.M.,5/01/2014-3/01/2015 forms a part of Worker's Compensation Policy Policy No. 026034972 Issued to GEI Consultants,Inc. By National Union Fire Insurance Company. 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 Holder(W) 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 a-ma€I 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 shall this endorsement invest any rights in any entity not insured under this policy. 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. All other terms, conditions and exclusions shall remain the same. Authorized Representative 107414 03111, Page 1 ENDORSEMENT# This endorsement, effective 12:01 A.M.,5/01/2014-3/01/2015 forms a part of General Liability Package Policy Policy No. 7046470 issued to GEI Consultants,Inc. By National Union Fire Insurance Company. THIS ENDORSEMENT CHANCES 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 Holder(s)"} 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 emailing 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 shall this endorsement invest any rights in any entity not insured under this policy. 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. All other terms, conditions and exclusions shall remain the same. i Authorized Representative 107414`03/11, ' .• . . Page 1 I I ENDORSEMENT N This endorsement, effective 12:01 A.M. forms a part of Business Auto Policy Policy No. 2248367 Issued to GEI Consultants,Inc. By National Union Fire Insurance Company 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 Holder(s)") 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 entailing 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 shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. Flrst 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. All other terms, conditions and exclusions shall remain the same. Authorized Representative 107414 03/11. Page 1 GEI Consultants, Inc. A G-140428-A NA Policy # L6011396137 (Ed. 10/01) Effective 5/01/14-5/01/15 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 1. 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. I 3. Number of days advance notice: 30* * 10 DAYS NOTICE WILL APPLY TO NON-PAYMENT OF PREMIUM. 6 I I G-140428-A Page 1 of 1 (Ed. 10101) i REQUEST FOR MAYOR'S SIGNATUREr Please Fill in All Applicable Boxes,,.-" ,>r Y +' Revieweft by Director Originator's Name: Ken Langholz Dept/Div. Engineering Extension: 5516 d Date Sent: • , /`,5 Date Required. t roxa Return to: Nana Yoshitake CONTRACT TERMINATION DATE: 7/1/15 VENDOR: GEI Consultants, Inc. DATE OF COUNCIL. APPROVAL: N/A; ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if a icable Brief Explanation of Document: The attached Amendment No. 1 is needed to extend the time of completion to July 1 2015 for the Briscoe-Desimone Levee Reach I project due to, the Corps of Engineers' PL84-99 levee repair project. All Contracts Must Be pouted Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: Law Dept, Comments: h ' � -MV Litt' ,den : 5. d'SS' TJ [Date Forwarded to Mayor: ,f Shaded Areas To Be Completed By.Administration Staff"=ct Received:` Recommendations and Comments: Disposition: ,` - It / ,'� . Date Returned: