Loading...
HomeMy WebLinkAboutPW15-249 - Amendment - #1 - GeoEngineers, Inc. - East Valley Highway Metro Sewer Repair - 12/17/2015 s mug e rtt KEN"1" .9 , „pg,,,„ ,o„ 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: 96,V(1 - 2-q0- OG'Z This is assigned by City Clerk's Office Project Name: East Valley Highway Metro Sewer Repair Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/17/15 Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Contract Amount: $0.00 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 December 31, 2016. We are continuing to work with King County (Metro) on a permanent solution to the problem and need to keep GeoEngineers under contract until the sewer repair has been completed_ As of: 08/27/14 I KENT AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: East Valley Highway Metro Sewer Repair ORIGINAL AGREEMENT DATE: July 21, 2015 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, 2016. We are continuing to work with King County (Metro) on a permanent solution to the problem and need to keep GeoEngineers under contract until the sewer repair has been completed. 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, $34,575.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $34,575.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $34,575.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/15 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (f) for this 366 calendar days Amendment Revised Time for Completion 12/31/16 (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: CITY OF KENT: r F By: t' 4 wf a � �" By - F b � (signature) _ (signature) Print Name: �' s `rS Print Name: Timothy J. LaPorte, P.E. Its el" 4, Its Public Works Director DATE: ;' y(t le)=„..,',`_ DATE: l �✓ APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department GeoEngineers-EVH Metro Sewer Re,aI,Amd 1/Wa qh.[z AMENDMENT — 2 OF 2 GEOEINC-01 MCKEAGEJE I,I CERTIFICATE OF LIABILITY INSURANCE DAr 7/2 012 0 1 52012015(MMIDDIYY YI ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI! CERTIFICATE 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 endarsement(s). PRODUCER - "" - CONTACT Willis Certificate Center NAME: Wlllls Of Seattle,Inc. PHONE FA% clo 26 Cent uryry Blvd A E.'-Exa'(877) 545-7378 _ _rNlc,Not-(888)467-2378 . P.O.Box 305191 a Res,:certificates@willis.com Nashville,TN 37230-5191 -"- - INSURER(a)AFFORDINGG COVERAGE NAIcp INSURER A;Travelers Property Casualty Company of America 25674 INSURED INSURER,.Travelers Indemnity Company 25658 GeoEngineers,Inc. INSURER C:Liberty Insurance Corporation _ 42404 8410154th Ave. NE INSURER o:Liberty Mutual Fire Insurance Company 23035 Redmond,WA 98052INSURER E:AGCS Marine Insurance Company 22837 rINSURERF. - COVERAGES CERTIFICATE NUMBER: _ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWITH RESPECTTO 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. LTRi TYPE OF INSURANCE INSOADD WVUSUSB .. POLICYEFF POLICYEkP. LIMITS LTR INSO WVa POLICY NUMBER M11MIDDIYYYY MMPoOfM/Yl A X COMMERCIAL GENERAL LIABILITY / EACH OCCURRENCE _rS 1,000,000 CLAIMS-MADE a PREMISEESS R NTE OCCUR X P-660-533D1564-TIL-15 ✓ 03/3112015 02/3112016 DAMAGE E FD -$_ 100,000 n o) MEO ESP(Any one person)_ - $ 5,000 PERSON AL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 FV POLICY JECOT F TOO PRODUCTS"COMP/OPAGG $ 2,000.0^1 OTHER: — $ AUTOMOBILE LIAHNUTY EOMBINdEDI SINGLE LIMIT $ 1,000,000 8 X ANY AUTO X P-810-532D8375-INDA5 03/31/2015 63/31/2016 BODILY INJORY(Per person) $ ALL OWNED SCHEDULED Y AUTOS AUTOS BODILY INJURY(Per accitlonl) $ NON OWNEDPROPERTY DAMAGE S HIRED AUTOS "I AUTOS Ll auideni_ X UMBRELLAUAB X OCCUR EACH OCCURRENCE $ 1,000,000 C EXCESS LIAR CLAI..MS-MADE TH7-661-066735-015 03/3112015 03/3112016 AGGREGATE js 1,000,000 DED I X I RETENTION$ 0 l $ WORKERS COMPENSATION X SrARTLTE J OHH__ AND EMPLOYERS'LIABILITY D ANY PROPRIETOR/PARTNER/EC]CUTIVE YIN WC2-Z91451667-015 03131/2015 0313112016 EL.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED9 N� NIA - - (MandatoryieNH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,tlescribe unAer - - DESCRIPTIONOFOPERATIONSbeh, EL.DISEASE-POLICY LIMIT $ 1,000,000 E Business Pers Prop Mil 93039816 03l31l2015I 03/31/2016 Limit: 985,83 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACOfto 101,Additional Remarks Schedules,may ba attached If mare space is r,Wedl ;THIS CERTIFICATE VOIDS AND REPLACES THE PREVIOUSLY ISSUED CERTIFICATE DATED:7114f2015 RE:City of Kent East Valley Highway Metro Sewer Repair, GeoEngineers No.0410.151-03 WA Stop Gap,USL&H and Maritime Employers Liability coverage is included under Workers'Compensation coverage evidenced above. City of Kent is included as an Additional Insured as respects to General Liability and Auto Liability as required by written contract. 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 400 West Gowe (Kent WA 98032 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: P-660-533D1564-TIL-15 COMMERCIAL GENERAL LIABILITY 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 riod 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, 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 4.a, of SEC- TION IV — COMMERCIAL GENERAL LIABILI T Y b. If, and only to the extent that, the injury or CONDITIONS: damage is caused by acts or emissions 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- requiring insurance" applies. The person or surance", whether primary, excess, contingent or organization does not qualify as an additional on any other basis, that is available to the addi- - insured with respect to the independent acts tional insured for a loss we cover. However, if you or omissions of such person or organizafion. specifically agree in the "written contract requiring insurance' that this insurance provided to the ad- The insurance provided to such additional insured difional 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 nol surance provided to the additional insured share with that "other insurance". But this insur- _ shall be limited to the limits of liability required once provided to the additional insured still is ex- by that "written contract requiring insurance", cess over any valid and collectible "other insur- This endorsement shall not increase the limits once", whether primary, excess, contingent or on of insurance described in Section III — Limits any other basis, that is available to the additional Of Insurance. insured when that person or organ!zation 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 included In the "products- = completed operations hazard" unless the a. The additional insured must give us written "written contract requiring insurance" speclfi- notice as soon as practicable of an "occur- cally requires you to provide such coverage rence".or an offense which may result in a for that additional insured, and then the insur- claim. -fo the extent possible, such notice ante provided to the additional insured up- should include: CG D4 14 04 08 ©2008 the oavemc Companies,In-, Page 1 of 2 wssos I 1 i COMMERCIAL GENERAL LIAB;LfT'f 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 H. The names and addresses of any injured cover. However, this condition does no± affect persons and witnesses, and whether this insurance provided to the deck fii. The nature and location of any injury or _ tional insured is primary to that other insur- dam agearising out of the "occurrence" or ante available to the additional insured which offense. covers that person or organization as a named insured. Id, If a clairr is made or"suit' is brought against the additional insured, the additional insured 4. The following is added io the DEFINITIONS Sec- must. tion: 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 which you are required to include a person or or- H. Notify us as soon as practicable, ganization as an additional insured on this Cover- Toe additional insured must see to it that we age Pat, provided that the "bodily injury" and receive wnien notice of the claim or "suit" as "property damage" occurs and the "personai in- soon as practicable. jury" is caused by an offense committed: c. The additional insured must immediately send a, After the signing and execution of the contract us copies of all legal papers received in con- or agreement by you, nection with the claim or"suit", coopera'.e with In. 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 po!Icy perod. d. The additional insured must tender the de- fense and indemnity of any claim or "suit' to Page 2 of 2 ©200a The Trav_lers Companies,Inc, CG D4 14 04 08 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: P-660-533DI564-TIL-15 ISSUE DATE. ,3/31/2015 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY TOTAL, GENERAL AGGREGATE LIMIT DESIGNATED PROJECT(S) --- GENERAL AGGREGATE LIMIT This endorsement modifies it provided under the fol!c,ving: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Total General Aggregate Limit: $ 2,000,D00 Designated Project(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, / IN A WRITTEN CONTRACT WHICH IS IN EFFECT d DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations _ as applicable to this endorsement.) A. The Total General Aggregate Limit stated In the der COVERAGE C (SECTION 1), which can be at- Schedule above is the most we will pay for the tributed only to operations at a single designated sum of all: "project"shown in the Schedule above: 1. Medical Expenses under COVERAGE C 1. A separate Designated Project General Ag- (SECTION 1); gregate Limit applies to each designated "pro- 2. Damages under COVERAGE A (SECTION I), ject", and that limit is equal to the amount of except damages because of"bodily injury" or the General Aggregate Limit shown in the "property damage" included in the "products Declarations. Completed operations hazard" and, 2. Subject to the Total General Aggregate I..imit 3. Damages under COVERAGE B (SECTION 1) staled in the Schedule above, the Designated Project General Aggregate Limit is the most regardless of the number of: we will pay for the sum of all damages under Insureds; COVERAGE A, except damages because of b. Claims made or"suits"brought; "bodily injury" or "property damage" included in the "products-completed operations haz- c. Persons or organizations making claims or and", and for medical expenses under COV- bringing "suits". or ERAGE C regardless of the number of:. -_ d. Designated "projects" listed in the SCHED- a. Insureds; ULE above. b. Claims made or"suits" brought; or B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- c. Persons or organizations making claims rences" under COVERAGE A (SECTION 1), and or banging "suits for all medical expenses caused by accidents or,- CC D3 21 01 04 Copyright, The Travelers IndernNty Company, 2004 Page 1 of 2 acs=os COMMERCIAL GENERAL LIABILITY 3. Any payments made under COVERAGE A for To Premises Rented To You and Medical Ex- damages or under COVERAGE C for medical pense continue to apply, expenses shall reduce both the Total General D. Part 2. of SECTION ill—LIMITS OF INSURANCE Aggregate Limit stated in the Schedule is deleted and replaced by the following: above, and the Designated Protect General Aggregate Limit for that designated "project" 2. The General Aggregate Limit is the most we Such payments shall not reduce the General will pay for the sum ef: Aggregate Limit shown in the Declarations a. Damages under Coverage B; and nor shall they reduce any other Designated b. Damages from "occurrences" under Project General Aggregate Limit for any other COVERAGE A (SECTION 1) and for all designated "project' shown in the Schedule medical expenses caused by accidents above. under COVERAGE C (SECTION 1) which 4. The limits shown in the Declarations for Each cannot be a`tributed only to operations at Occurrence, Damage To Premises Rented To a single designated "project" shown in the You and Medical Expense continue to apply. SCHEDULE above, However, instead of being subject to the E. When coverage for liability arising out of the General Aggregate Limit shown in the Decla- "products-completed operations hazard" Is pro- rations, such limits will be subject to both the vided, any payments for damages because of Total General Aggregate Limit stated in the "bodily injury" or "property damage" included in Schedule above, and the applicable Desig- the "products-compieted operations hazard" will paled Project General Aggregate Limit_ red!ice the Products Completed Operations Ag- C. For all sums which the insured becomes legally gregme Limit, and not reduce the Total General obligated to pay as damages caused by '"occur- Aggregate Limit stated in the Schedule above, the Fences" under COVERAGE A (SECTION 1), and General Aggregate Limit, or the Designated Pro- for all medical expenses caused by accidents un- ject General Aggregate Limit. der COVERAGE C (SECTION 1), which cannot be F. For the purposes of this endorsement the Defini- attributed only to operations at a, single desig- bons Section is amended by the addition of the noted "project" shown in the Schedule above: following definition: 1. Any payments made under COVERAGE A for "Project" means an area away from premises damages or under COVERAGE C for medical owned by or rented to you at which you are per- exoenses shall reduce the amount available forming operations pursuant to a contract or under the Total General Aggregate Limit agreement. For the purposes of determining the stated in the Schedule above and the General applicable aggregate limit of insurance, each Aggregate Limit, or the Products-Completed "project" that includes premises involving the Operations Aggregate Limit, whichever Is so- same or connecting lots, or premises whose cen- plicable; and Fraction is interrupted only by a street, roadway, 2. Such payments shall not reduce any Desig- waterway or right-of-way of a railroad shall be nated Project General Aggregate Lirnit, considered a single "project". As respects this Provision C„ the limits shown in G. The provisions of LIMITS OF INSURANCE the Declarations for Each Occurrence, Damage (SECTION III) not otherwise modified by this en- dorsement shall continue is apply as stipulated. Page 2 of 2 Copyright, The Travelers indemnity Company, 2004 CG D3 21 01 04 _ COMMERCIAL AUTO POLICY NUMBER: P-810-532DB375-IND-15 ISSUE DATE: .3/31/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the fDII0Win0: BUSINESS AUTO COVERAGE FCRM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endomcmert, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identiies person(s) Dr organizations) 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 DR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" DR "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" under the Who Is An Insured Provision contained in Section II of the Coverage Form, CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 OOOG59 1 Terra Insurance Company TERRA (A Risk Retention Group) INSURANCE COMPANY Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 CERTIFICATE OF INSURANCE -DATE 07/14/15 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 215019 01/01/15 12/31/15 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION City of Kent, East Valley Highway Mctro Sever Repair, GeoEngineers No. 0410-151-03 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 City of Kent (A Risk Retention Group) Attn: Nancy Yoshitake 400 West Gowe Kent, Washington 98032 vresloent