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HomeMy WebLinkAboutPW14-043 - Amendment - #2 - GeoEngineers, Inc. - Horseshoe Bend/Milwaukee II Levee - 12/17/2015 f . ecor 5 a1 age KENTDocument WASHINGTON i t 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: ? lly--(}Hb - OG� This is assigned by City Clerk's Office Project Name: Horseshoe Bend/Milwaukee II Levee 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: Mark Madfai 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 because the project was awaiting funding through Flood Control District, but now received and moving forward with design. As of: 08/27/14 i'I 4 f#V;, KENT K �.a AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: Horseshoe Bend/Milwaukee II Levee ORIGINAL AGREEMENT DATE: February 8, 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 December 31, 2016 because the project was awaiting funding through Flood Control District, but now received and moving forward with design. 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, $52,001.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $52,001.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 I Amendment Revised Contract Sum $52,001.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/14 (insert date) _ Revised Time for Completion under 12/31/15 prior Amendments (insert date) Add'I Days Required (t) 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: By: c y f Er, F Il yq✓r By: . r Y ignature signature) Print Name: ' G'l� ' Print Name: Timothy J. LaPorte P.E. Its it ' 1e,- Its Publi Works Director (title). , title) DATE: /`= a.� DATE: _ �✓f r* APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department GeaEnglneers-Milwaukee II Amd]/Madfal AMENDMENT - 2 OF 2 GEOEINC-01 WRIGHTDU DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 4/1/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 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 Ileu of such endomement(s). PRODUCER CONTACT NAME: Willis of Seattle,Inc. PHONE (877)945-73- _ (AM,NU: (888)467-2378 clo 26 Centurryy Blvd AIC IL E#1' P.O.Box EMAIL - -- Nashville,,T TN N 37230-5191 goDRBss: _ INSURER(S)AFFORDING COVERAGE NAICS _INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURER B:Travelers Indemnity Company 25658 GeoEngineers,Inc, wsuRERc:Liberty Mutual Fire Insurance Company 23035 8410154th Ave.NE INSURER D: Redmond,WA 98052 -- -- INSURER E: _ INSURERF: 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 TJHDERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPE THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TRMS, EXC WSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR W,,, tNSURgNCE ADDL)SUBR -- POLICY Err POLICY E%P LTR POLICY NUMBER MMI❑DIPYYY MMIDDWYYY I LIMITX COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ,000,00CLAIMS-MADE OCCUR - X P-660-533D1564-TIL-15 0313112o15 3/3112016 A ET0 RENTED PREMISES Ea occunance 100,()0MEDE%P(Anyonapmaen) 5,00PERSONAL B ADV INJURY OOD,OOGENE AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ,000,00POLICY JECRO- nLO PROOUCTS-COMP/OPAGG ,000,ODOTHER - --AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 000,00 Ea aceucet B X_ ANY AUTO X P-810-532D8375-IND-15 03/31/2015 03/31/2016 BODILY INJURY(Per Purser) $ ALL OWNED SCHEDULED --- -- --- AUTOS AUTOS BODILY INJURY(Par accident) S HIRED AUTOS NON-OWNED PROPLRTYDAMAGE - ALTOS Per accitle4 rH�. $ UMBRELLA LIAR OCCUR EACH OCCURRENCE _ S EXCESS LIAR CLAIMS MADEAGGREGATE $ _ is ERSCO PER C AN PROPRIIETORAPAAR�E YfIN� NIA WC2-Z91-451667-015 0313112015 03131/2016 X.EACH ACCIDENT OLD $ 1,000,00 III u (Mandaloryin NH)If EL DISEASE-EA EMPLOYEE $ 1,000,00 DSCP.IPTIOhNOFOPERATIONSbelmv EL DISEASE-POLICY LIMIT S 1,60,00 I DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES ACORD let,Additional Remarks Schedule,maybe attached if more space Is required) WA Stop Gap,USL&H and Maritime Employers Liability coverage is included under Workers'Compensation coverage evidenced above. Re:Horseshoe Bend/Milwaukee II Levee Connection Design,Analysis&Certification-GeoEngineers File No.0410-172-07 City of Kent Engineering is included as Additional Insureds as respects to General Liability and Automobile Liability,as required by written contract. The General Liability policy includes a separation of insureds clause. CERTIFICATE HOLDER CANCELLATION I'I 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 Nancy Yoshitake 400 400 West Gowe 'Kent WA 98032 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 1 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 Jod of time for which the "written contract re- written contract requiring insurance"to include as quiring insurance" requires you to provide an additional insured on this Coverage Part, but: such coverage or the end of the policy period, a. Only with respect to liability for"bodily injury", whichever is earlier. "property damage"or"personal injury", and 2. The following is added to Paragraph 4.a, of SEC- b. If, and only to the extent that, the injury or TION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS: damage is caused by acts or omissions 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 organization. specifically agree in 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 "written contract requiring insurance". cess over any valid and collectible "other insur- This endorsement shall not increase the limits ante", 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 organization 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: 0 or omissions. Duties Of An Additional Insured e. i-his 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" speciti- 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. 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 oo5eos COI>rNERCIAL 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 it. 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 ante available to the additional insured which offense. covers that person or organization as a b. If a claim is made or"suit" is brought against named insured. the additional insured, the additional insured 4. The following is added to the DEFINITIONS Sec- must: lion: 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 must see to it that we age Part, provided that the "bodily injury" and receive written 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 execution of the contract us copies of all legal papers received in con- of agreement by you; nection with the claim or"suit", cooperate with j us in the investigation or settlement of the b. While that part of the contract or agreement is claim or defense against the "suit", and oth- in effect; and erwise comply with all policy conditions. c. Before the end of the policy period. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to i I I Page 2 of 2 ©200E The Travelers Companies,Inc. CG D¢14 04 08 II' COMMERCIAL AUTO POLICY NUMBER; P-81D-532DB375-IND-15 ISSUE DATE: 3/31/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) 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 OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE FORM IN A WRITTEN CONTRACT DR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "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. I I CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 000ess Terra Insurance Company JA TERRA (A Risk Retention Group) INSURANCE COMPANY Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 CERTIFICATE OF INSURANCE DATE 01/01/15 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 $2,000,000 EACH CLAIM $2,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION Horseshoe Bend/Milwaukee II Levee Connection Design,Analysis &Certification GeoEngineers File No. 0410-172-07 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 Engineering (A Risk Retention Group) Attn:Nancy Yoshitake 400 West Gowe Kent, WA 98032 rreslaent