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HomeMy WebLinkAboutPW16-415 - Amendment - #1 - GeoEngineers, Inc. - Frager Road Levee CLOMR - 12/15/2017 �, Document wnseiae.oe rg�g, '%.PP, 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: ]D Edwards Number Contract Number: PW I � - 4I�- DD This is assigned by City Clerk's Office Project Name: Fraser Road Levee CLOMR Description: ❑ Interlocal Agreement ❑ Change Order M Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/15/17 Termination Date: 12/31/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Alex Murillo 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, 2018. ------ As of: 08/27/14 V `�`... KEh T wn-.,,11-3«,- AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: !geolEngingpirs, Inc. CONTRACT NAME & PROJECT NUMBER: Frager Road Levee CLOMR ORIGINAL AGREEMENT DATE: November 30, 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: The scope of work remains the same, however an amendment is necessary to extend the time of completion to December 31, 2018 to allow GeoEngineers to continue to work on the project and submit the CLOMR Report to FEMA. 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, $333,271.00 including applicable WSST ---.------- Net Change by Previous Amendments $0 including applicable WSST Current Contra..... _,-t ct Amoun.-- .... ..............�___............ $333,271.00 including all previous amendments _ — -------- _.......... �._......__.. ..._.. Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $333,271.00 AMENDMENT - 1 OF 2 ..m.... ...._ Original Time for Completion 12/31/17 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 12/31/18 (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 _. By" M (signature) gnature) Print Name /lam ,•r . c Print Name:_Timatl7v_J.. LaPorte. LF Its i ' Its P blic Works DirgcW (title) Z DATE:..w_ I " _- DATE: l cf APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department GeoEnglneers-Frager Rd CLOMR Amd 1/Murlllo AMENDMENT - 2 OF 2 Client#:326119 GEOENINC2 ACORD. CERTIFICATE OF LIABILITY INSURANCE °A'03I30/2/30/2D""""' 017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS "'IERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES k.LOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. is an the terms cate and conditions er n eo of eu h andv gemo in ZONAL INSURED,require the pndorsement. t be statement ont SUBROGATION IS WAIVED,subject toIM " the terms and conditions o}the policy,certain policies may re uire an endorsement.A statement on this certificate does not confer rights to the cer PRODUCER Mlpcl Please send all requests by US[ Kibble & Prentice pw NE fax or email -- FAX -- 610-362-8518 601 Union Street, Suite 1000 cAI`i+i n�" ExgC�CertRe oast' _ �Iaa,N1 ... _ Seattle,WA 98101 AI)OREss qusl,com --. --- 206-441-6300 ..... INSURERISy AFFORDING COVERAGE NAIC0 -__ INSURER° Continental Insurance Company 35289 - ,_ .._- -___. -_. ......m.- .. .....- ......... .,. INSURED INsuHER R Liberty Insurance Corporation - 142404 GeoEngineers, Inc. LIEU...c:Valley Forge Insurance Company 720508 8410 154th Ave N . E -- InsuRER D Nat[ Fire Ins Co of Hartford 20478. ­ Redmond,WA 98052 -- .. .., INSURER E NSUHER F: COVERAGES CERTIFICATE NUMBER: K4 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 CLAIMSWEI LTR TYPE OFINSURANCE ADRI.SUBR fMM ICYEFF P60cy EKP IN$R WVO POLICV NUMBER fMM/DD/YYVVI iMbUt)DDSYYf LIMITS A )/-I COMMERCIAL GENERAL LIABILITY 1 )( )( 6023113030 3/31/2017 T I I............ 03/31/201E EACH OUGURRENCE 151,000,000 D A'E IICNTEL Gap RPERSONAL "cal �1500 000 CLAIMS CARE X OCCUR X, WA &ND StopGa � nv ono oersom $15 11 000 &ADV INJURY $110D01000 DEN LAOGFiEGAFE LIMY APPLIES PEFL GENEPAI AGGRECAPE „f$21Oo0�DOO_ PHO Eouav PRODUCFS-COMP/ PASS $2,000,000 _ X dEGr X IOD OIHEH, StopGap/EL $1,000,000 AUTOMOBILE LIABILITY --- T. X� X 16023117823 3/31/201703/31/20181C' R114 usN LF IMII 1,OD0,000 I- [EkORJ1aN17_ _ $ _ .. X,ANY ALIM ROOILYIWUHYR lagar) $ i ALL OWNED " SOHEOULED AUTOS (AUTOS ROSILY INJURY(Pc ecctlml] $ NON OWNED I X� HIREDADPOS X AUF6 � ......... ..-..- tlrerCac ainIPLRIY DAMA49G $ I UMBRELLA u EXCES B- X, A UAB �X I oc,cuR X I X ITH7661066735017 3/31/2017 03,i31/20181 EACH OCCURRENCE aID,0D0,00Y7 HAS L CLAIMs MADE XS of GL,Auto& AooREOAr> $10,ggq,0gq CWORKERS COMPENSATION - X WC604563942b $ DED ?( HF FtNrION 101DOD Employers Li S ANY EROPRIEr S'LIATION -. - - ... .-. .,..- LH OrH-. - ..... '.. AND EMRLOVBRs^uARILrry 9 03/311201Y03/31/201 X �,�a f1RPAPd TNlEh EXECUTIVEF,, N A ID LA MO NC NY OR UT USL&H/M L4 EACH ACCoENr $1 000.000 OFFICEIVMEIABICA Ry a,desorIIINH) r 03/31/201 EL DISEASE EAEMPICYFF. $1,000.000 EXCLUDED' D IMmMatnrYb.uN) L-J X WC6045838328 D3/31/2017I DESCRIPTION OF OPERATIONS below CA Incl USL&H/MEL *incl WA �EL OISEA£E POLICY LIMI r..I S I,000,D00 I I DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES(ACORD 101,Aedilional Remark.Schedule,maybe attached It more space Is required) 0410-194-00-Blanket Consultants Services. City of Kent is Additional Insured, coverage is primary and non-contributory, and waiver of subrogation applies 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 Engineering Department ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue S Kent,WA 98032 AUTHORIZED REPRESENTATIVE �� 1 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 Oft The ACORD name and logo are registered marks o1 ACORD #S20200573/M20200560 CNMJU CNA 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. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended 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. CNA75D79XX (1- 55) Policy NO 6023113030 Page 2 of 2 Endorsement No: The Continental Insurance Co. Effective Date: 03/31/2017 Insured Name: GFOFNC;rNEERS, TNC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The tollowing provision does not apply to any public, construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement, EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (C.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P,) is attached„then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products-completed operations hazard that arises cut of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the; Named l Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the wprime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: s W 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (Including pools, hot tubs, detached garages, guest houses or any similar structures). s However, when there is no individual ownership of units, residential structure does not include military housing, collegeluniversity housing or dormitories„ long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons CNA74858XX (1-15) Policy No. 6023113030 Page 17 of 18 Endorsement No: I 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. 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 III, Paragraph If Physical Damage coverage is provided under 6.6.. 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" lass 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 (1) $5,000;or consequence of an "accident" for 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 III. Drive Other Car Coverage—Executive Officers leasing or rental concern. g (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. Airbag 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. TERRA INSURANCE COMPANY Terra Insurance Company (A Risk Retention Group) TERRA Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 INSURANCE COMPANY DATE CERTIFICATE OF INSURANCE 12/06/17 CERTIFICATE HOLDER City of Kent Attn: Nancy Yeshitake 400 West Gowe Kent, Washington 98032 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 217019 01/01/17 12/31/17 LIMITS OF LIABILITY $2,000,000 EACH CLAIM $2,000,000 ANNUALAGGREGATE PROJECT DESCRIPTION Frager Road Levee,Kent, Washington. GeoEngineers No. 0410-200-00 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. ISSUING COMPANY: NAME AND ADDRESS OF INSURED TERRA INSURANCE COMPANY (A Risk Retention Group) GeoEngineers, Inc. LSj\ 1 101 Fawcett Avenue, Suite 200 Tacoma, WA 98402 .... ....... .. .................---- President