HomeMy WebLinkAboutPW16-411 - Amendment - #1 - GeoEngineers, Inc. - Kent Airport Levee - 07/06/2017 KEN iwww^^^������,,, T
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: PW I - H I'
This is assigned by City Clerk's Office
Project Name: rent Airport Levee
Description: ❑ Interlocal Agreement ❑ Change Order M Amendment ❑ Contract
El Other:
Contract Effective bate: 7/6/17 Termination Date: 1 /31/17
Contract Renewal Notice (days): 153
Number of days required notice for termination or renewal or amendment
Contract Manager: Alex Murillo De artment: Public Works
Contract Amount: .$88,0010.00
Approval Authority: (CIRCLE ONE) apartment Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Amendment needed to allow Consultant to develop a CLOMR submittal for the project
As of: 08/27/14
•
KENT
W A S p I N O T O N
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc.
CONTRACT NAME & PROJECT NUMBER: Kent Airport Levee
ORIGINAL AGREEMENT DATE: November 22, 2016
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:
Time extension is needed to allow Consultant to develop a CLOMR
submittal for the 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, $88,000.00
including applicable WSST
Net Change by Previous Amendments $0
including applicable WSST
Current Contract Amount $88,000.00
including all previous amendments
Current Amendment Sum $0
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $88,000.00
AMENDMENT - 1 OF 2
Original Time for Completion 7/31/2017
(insert date)
Revised Time for Completion under n/a
prior Amendments
(insert date)
Add'I Days Required for this 153 calendar days
Amendment
Revised Time for Completion 12/31/2017
(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 -F KENT:
By: By:
(signature)
Prin st Name: Print Name-:—[ t ih C4
It ,moo
-('I<s bum4or
Its
(title) (title)
DATE:--,6Z7t/ Z DATE: (6 - 1
7
APPROVED AS TO FORM:
(applicable if mayor's signature required)
Kent Law Department
[In thi5 field,you may enCpr the OectinnOc Wepath where the cortract has been savedl
AMENDMENT - 2 OF 2
Client#:326119 GEOENINC2
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(IAWDOIYYYY)
03/30/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
l=I;tiRTIFICATE 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
—r-PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 kW
US[Kibble&Prentice WN5NE Please send all requests by FAX
arc No Ex,:fax or email yC No): 610-362-8518
601 Union Street,Suite 1 ODO E-MAIL
Seattle,WA 98101 ADDRESS: CLCertRequest@usi.com
-
INSURER(S)AFFORDING COVERAGE NAIC N
206-441-6300 INSURER A:Continental Insurance Company 135289
INSURED INSURER B:Liberty Ir13UranC@ Corporation 42404
GeoEngineers,Inc. INSURERC:Valley Forge Insurance Company i205D$
8410154th Ave NE INSURER D:Nail Fire ins Co of Hartford 20478
Redmond,WA 98052 INSURER E
ENSURER F
COVERAGES CERTIFICATE NUMBER: K1 REVISION NUMBER:
THIS 1S 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,
INSLTTRR TYPE OF INSURANCE ADD US POLICY EFF POLNMED
POLICY NUMBER lY1MlDD1YYYY (MM/ UMI1'S
A [�E)CCCOMMMERCIAL GENERAL LIABILITY X X 6023113030 3/31/2017 1 03/3OCCURRENCE $1 DOD 000 _
�E T
CLAIMS-MADE a OCCUR II ISESEaENacrvErrence $5OO OOO
X I WA &ND Stop Gap I XP(Any one person) $15 000
PERSONAL&ADV INJURY $1 000 000
GEN'L AGGREGATE LIMIT APPLIES PER: III GENERAL AGGREGATE s2,000,000
I POLICY I ^I E O LOC PRODUCTS-COMP/OP AGG s2,000,000
OTHER: Stop Gap/EL $1 000 000
1uTOM08[LE LIABILITY X X 6023117823 3/31/2017 03131/20i Ea and Eenot SINGLE LIMIT 1,000,000
1 X ANY AUTO BODILY INJURY(Per person) $
ElALL OWNED SCHEDULED BODILY INJURY Per accident $
AUTOS AUTOS ( )
NON-OWNED PROPERTY DAMAGE
X! HIRED AUTOS X AUTOS Per accident s
$
B X UMBRELLA LIAB X OCCUR X X TH7661066735017 3/31/2017 03/31/201 t4(3CHREGATE
OCCURRENCE $1 000 000
EXCESS UABCLAIMS-MADE XS of GL,AUtO& $1 O00 DOO
OE
O I XI RETENTION$1O 000 Em l0 ers Llab. is
AND EMPLOYERS'LIABILITY
C WORKERS COMPENSATION X WC6045639429 3/31/2017 03/31/201 X PER OTH-
ANY PROPRIETOR/PARTNER/EXECUTIVE ID LA MO NC Y OR UT J USL&HIM Lt.EACH ACCIDENT $1 DDO OOO _OFFICER/MEMBER EXCLUDED? u N I A
D (Mandatory In NH) X WC60455838328 3/31/2017,03/31/201 E.L.DISEASE-EA EMPLOYEE $1 000 000
II descnbe underPERATIONS CA incl USL&H/MEL I
DESSCRIPTION OF O 'incl WA E.L.DISEASE-POLICY LIMIT $1 000,000
below
I
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,AddHlanal Remarks Schedule,may be attached H more space Is required)
0410-199-00-Kent Airport Levee Assessment,Green River from 83rd Ave.S.to Hwy 167, Kent,WA. City of
Kent is Additional Insured and coverage is primary and non-contributory as respects General and Auto
Liability If required by written contract per attached endorsements.
CERTIFICATE HOLDER CANCELLATION
City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
400 West GOwe ACCORDANCE WITH THE POLICY PROVISIONS.
Kent,WA 98032
AUTHORIZED RREEPPRESENTATIVE
/[
01988-2014 ACORD CORPORATION.All rights reserved.
ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S20200922/M20200859 CNMJU
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CNA63359XX
(Ed. 04/12)
D. Hired "Autos" d. A $100 per occurrence deductible applies to
The following is added to Section III. Paragraph the coverage provided by this provision.
A.: G. Diminution In Value
5. Hired"Autos" The following is added to Section Ili, Paragraph
If Physical Damage coverage is provided under B.6.:
this policy, and such coverage does not extend to Subject to the following, the "diminution in value"
Hired Autos, then Physical Damage coverage is exclusion does not apply to:
extended to:
a. Any covered "auto" of the private
a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or
or borrow without a driver; and borrow, without a driver for a period of 30
b. Any covered "auto" hired or rented by days or less, while performing duties
your"employee"without a driver, under a related to the conduct of your business;
contract in that individual "employee's" and
name, with your permission, while b. Any covered "auto" of the private
performing duties related to the conduct passenger type hired or rented by your
of your business. "employee"without a driver for a period of
c. The most we will pay for any one 30 days or less, under a contract in that
"accident" or "loss" is the actual cash individual "employee's" name, with your
value, cost of repair, cost of replacement permission, while performing duties
or $75,000, whichever is less, minus a related to the conduct of your business.
$500 deductible for each covered auto. c. Such coverage as is provided by this
No deductible applies to "loss"caused by provision is limited to a "diminution in
fire or lightning. value" loss arising directly out of
d. The physical damage coverage as is accidental damage and not as a result of
provided by this provision is equal to the the failure to make repairs; faulty or
physical damage coverage(s) provided on incomplete maintenance or repairs; or the
your owned"autos." installation of substandard parts.
e. Such physical damage coverage for hired d. The most we will pay for "loss" to a
"autos"will: covered "auto" in any one accident is the
lesser of:
(1) Include loss of use, provided it is the
consequence of an "accident" for (1) $5,000;or
which the Named Insured is legally (2) 20% of the "auto's" actual cash value
liable, and as a result of which a (ACV).
monetary loss is sustained by the Ill. Drive Other Car Coverage—Executive Officers
leasing or rental concern.
(2) Such coverage as is provided by this The following is added to Sections II and III:
provision will be subject to a limit of 1. Any "auto" you don't own, hire or borrow is a
$750 per"accident." covered "auto" for Liability Coverage while being
E. Alrbag Coverage used by, and for Physical Damage Coverage
while in the care, custody or control of, any of your
The following is added to Section III, Paragraph "executive officers,"except:
B.3.: a. An "auto" owned by that "executive officer" or
The accidental discharge of an airbag shall not be a member of that person's household;or
considered mechanical breakdown. b. An "auto" used by that "executive officer"
F. Electronic Equipment while working in a business of selling,
Section III, Paragraphs B.4.c and B.4.d. are servicing, repairing or parking "autos."
deleted and replaced by the following: Such Liability and/or Physical Damage Coverage
c. Physical Damage Coverage on a covered as is afforded by this provision.
"auto" also applies to "loss" to any (1) Equal to the greatest of those coverages
permanently installed electronic equipment afforded any covered"auto";and
including its antennas and other accessories.
CNA63359XX Copyright,CNA Corporation,2000. Page 2 of 3
(Ed. 04/12) Includes copyrighted material of the Insurance Services office used with its permission.
CNA63359XX
(Ed.04/12)
(2) Excess over any other collectible damage, against any person or organization for
insurance. whom or which you are required by written
contract or agreement to obtain this waiver from
2. For purposes of this provision, "executive officer" us.
means a person holding any of the officer
positions created by your charter, constitution, by- This injury or damage must arise out of your
laws or any other similar governing document, activities under a contract with that person or
and, while a resident of the same household, organization.
includes that person's spouse. You must agree to that requirement prior to an
Such "executive officers" are "insureds" while "accident"or"loss."
using a covered "auto"described in this provision. C. Concealment,Misrepresentation or Fraud
IV. BUSINESS AUTO CONDITIONS The following is added to Section IV, Paragraph
A. Duties In The Event Of Accident, Claim, Suit Or B.2.:
Loss Your failure to disclose all hazards existing on the date
The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice
A.2.a.: you with respect to the coverage afforded provided
(4) Your "employees" may know of an such failure or omission is not intentional.
"accident" or "loss." This will not mean D. Other Insurance
that you have such knowledge, unless The following is added to Section IV, Paragraph
such "accident" or "loss" is known to you B.5.:
or if you are not an individual, to any of
your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a.
insurance manager. and 5.d. above, the coverage provided by this
The following is added to Section IV, Paragraph policy shall be on a primary non-contributory
A.2.b.: basis. This provision is applicable only when
required by a written contract. That written
(6) Your "employees" may know of contract must have been entered into prior to
documents reuetveu cut icei l w ty a l,icui 1
or"suit."This will not mean that you have E. Policy Period,Coverage Territory
such knowledge, unless receipt of such
documents is known to you or if you are Section IV, Paragraph B. 7.(5).(a). is revised to
not an individual,to any of your executive provide:
officers or partners or your insurance a. 45 days of coverage in lieu of 30 days.
manager.
B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS
To Us Section V. Paragraph C. is deleted and replaced by
The following is added to Section IV, Paragraph the following:
A.5. Transfer Of Rights Of Recovery Against "Bodily injury" means bodily injury,sickness or disease
$ Others To Us: sustained by a person, including mental anguish,
We waive any right of recovery we may have, mental injury or death resulting from any of these.
because of payments we make for injury or
CNA63359XX copyright,cNA corporation,20N. Page 3 of 3
(Ed.04/12) Includes copyrighted material of the Insurance Services Office used with its permission.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named
Insured is required by written contract to add as an additional insured on this coverage part, including any such
person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such
person or organization is an Insured only with respect to such person or organization's liability for:
A. unless paragraph B.below applies,
1. bodily injury,property damage,or personal and advertising injury caused in whole or in part by the acts
or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's
ongoing operations as specified in such written contract;or
2. bodily injury or property damage caused in whole or in part by your work and included in the products-
completed operations hazard, and only if
a. the written contract requires the Named Insured to provide the additional insured such coverage; and
b. this coverage part provides such coverage.
B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such
written contract, but only if:
1. this coverage part provides coverage for bodily injury or property damage included within the products
completed operations hazard;and
2. the written contract specifically requires the Named Insured to provide additional insured coverage under
the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037.
II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide
such additional insured with:
M
A. coverage broader than required by the written contract;or
a
B. a higher limit of insurance than required by the written contract.
III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
$ damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services,
including:
I. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders,change orders or drawings and specifications;and
2. supervisory, inspection, architectural or engineering activities;or
B. any premises or work for which the additional insured is specifically listed as an additional insured on another
endorsement attached to this coverage part.
_ IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS,
the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional
insured whether on a primary,excess,contingent or any other basis. However, if this insurance is required by written
CNA75079XX (1-15) Policy No: 6023113030
Page 1 of 2 Endorsement No: 3
The Continental Insurance Co. Effective Date: 03/31/2017
Insured Name: GECENGINEERS, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services office,Inc.,with its permission.
CHA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to
insurance on which the additional insured is a named insured.
V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense,Claim or Suit is amended with the addition
of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the
additional insured has for any loss covered under this coverage part;
3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the
investigation,defense,or settlement of the claim;and
4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program
applies to a loss that the insurer covers under this coverage part. However, if the written contract requires
this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which
the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer
receives written notice of a claim from the additional insured.
nn+i+iar4 nrsamInnm is amcnricari to
add the following definition:
Written contract means a written contract or written agreement that requires the Named Insured to make a person
or organization an additional insured on this coverage part,provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy;and
B. was executed prior to:
1. the bodily injury or property damage;or
2. the offense that caused the personal and advertising injury
for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA75079XX (1-15) Policy No: 6023113030
Page 2 of 2 Endorsement No: 3
The Continental Insurance Co. Effective Date: 03/31/2017
Insured Name: GEOENGINEEaS, INC.
copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office.Inc.,with its permission.
Terra Insurance Company
//°'�' TERRA
/y`1 w ...m ._.........
(A Risk Retention Group) , ;� INSURANCE COMPANY
Fifer Avenue, Suite 100
Corte Madera, CA 94925
CERTIFICATE OF INSURANCE
DATE.
01/01/17
NAME AND ADDRESS OF INSURED
GeoEngineers, Inc.
1101 Fawcett Avenue, Suite 200
Taco na, WA 98/102
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 [SATE EXPIRATION; DATE
217019 01/01f1 7 12/31/17
LIMITS OF LIABILITY $2,000,000 EACH CLAIM
2,000,000 ANNUAL AGGREGATE
PROJECT DESCRIPTION
City of`Kent, Airlport Levee. GeoF1'ngineers"No. 0410-199-00
CANCELLATION If the described policy is cancelled by the Company before its expiration date,
the Company will retail 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
"Cif} West Gowe
Kent, Washington 98032
President