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HomeMy WebLinkAboutPW16-415 - Amendment - #2 - GeoEngineers, Inc. - Frager Road Levee CLOMR - 12/14/2018 I 4 �!, ec r s Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to subrnissioo, to the City Clerk's Office. AU portions are to be comple-test. If you have questions, please contact the City Clerks Office at ?5 3-856-5725, Vendor Name: GeoEngineers, Inc. Vendor Number (]DE): Contract Number (City Clerk): Pv\l tu— H 15 --003 Category: Agreement Sub-Category (if applicable): Amendment Project Name: Hawley Road Levee Contract Execution Date: 12/14/18 Termination Date: 12/31 /19 Contract Manager: Steve Lincoln Department: PW Engineering Contract Amount: $0 Budgeted: (�) Grant? Part of NEW Budget: 0 Local: State: 0 Federal: 0 Related to a New Position: C: Basis for Selection of Contractor? Bid: Small Works Roster: Direct Negotiation: RFP: Quotes: ❑ Approval Authority: O Director 0 Mayor (�) City Council Other Details: Extend the time of completion to December 31 , 2019. AMENDMENT NiO. 2 NAME OF CONSULTANT OR VENDOR: OeOEnaineers, Inc. CONTRACT NAME & PROJECT NUMBER: Fraser 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, 2019 to continue to work on the project and submit CLOMR submittal to FEMA in 2019. 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 C .-..o urrent CntractA_.._-...m__ount ........... ----- - $333,27_1.00� �_-------- including all previous amendments - _...... _... Current Amendment Sum $0 _ .........,_.. _ �... ......... _ Applicable WSST Tax on this $0 Amendment ._ .. � —_..._...----.�........_. Revised Contract Sum ­.-$333,271.110- AMENDMENT - 1 OF 2 Original Time for Completion 12/31/17 (insert date) Revised Time for Completion under 12/31/18 prior Amendments (insert date) Add'I Days Required (t) for this 36i calendar days Amendment Revised Time for Completion 12/31/19 (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: 13 (signature) sf nature) Print Name ri"i Print Name: TnmotWl J. LaPorte P.E. Tts ai ;v<,w.n Its Public. Works Director (true) - _...._ DATE: �_ ( trtley iW --_�............... DATE:' 2. ��"' Z �_...... .. - - OVED AS.,_.__TO _FORM: .. . ...,_..___..,....., ATTEST: APPR —_ p f (applicable if Mayor's signature required) Kent City Clerk Kent Law Department G—Eng d--F2ger Rd FLOMR Pond 2/Ln[mn AMENDMENT - 2 OF 2 Client#: 326119 GEOENINC2 ACORDTM CERTIFICATE OF LIABILITY INSURANCE D3/30/2018 3/30/2018 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS "RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 10W.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 ACDpIT1ONAL INSURED,the Ipollcy(ies)must have ADDITIONAL INSURED provlslons or"hay"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 any rights to the certificate holder in lieu of such endorsement($,). PRODUCER Please send all requests by N USI Insurance Services NW PR -"- - -- ( NNp "--- — Pp� ;fax,oremail -_ FAX 601 Union Street,Suite 1000 n oe ss usi certrequest@usi.com Seattle,WA 98101 _.._. ..... ..... .........—........_. ---__. INSURERIIIy AFFORDING COVERAGE NAIC# S....... --...,.- ...�__.,.... .. _. INSURER A e-ors nenul maa,an.a company 35289 INSURED .-__.—. ., ........— ,......_ ._— --.-- ._.. GeoEngineers, Inc. INSURER B c ,normlc casualty pay 20443 -- - "---- .,.� ... INSURER hallr .W or hammed 20478 17425 NE Union Hill Road, Suite 250 INSURERD v=ll•yro I ansocompany 20608 Redmond,WA 98052 ......... ........,. ----._ INSURER E; 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. IN R SUER ..... { TYPE OF INSURANCE INX X 6023113D3DY NUMBER (MM,DuuYi^VYYq (MMiQ00yYY LIMITS A X COMMERCIAL GENERAL LIABILITY ..... 3J31/2018 03/311201f EACH OCCURRENCE _ a1r000,P010 CLAIMS-MADE X WA& ND Stop G ocauR_ � mNceruu.nfeai $1001000 ....___ - ,,. Gap RED EAR CAAry one petsau} S 15 BUD _ _.. A ,..,..,.. ...,...-. PERSONAL a ADO INJURY $1,_000r000 GEN L AGGREGATE LIMIT I X Y LIo APPLIES PER GENERAL AGGREGATE„ s22 u 0001000 PocY -^]JECT LOC r RUODU.Sa COMPrOPAGG_ s2 000,000 OTHER _ i ..... Sto Gap/EL $1,000,000 MRi um [ 7lruranaunaalTY 31it/26iE 03/3201 IC sa.823 I.Ey-A 004000 ANYAUTO BODILY INJURY(Per pascn) $ OWNED SCHEDULED " — --, AUTOS ONLY AUTOS 80DILYINJURY(PoraO,dI) $ L X HIRED NON OWNED ...... .. -. _ AUTOS ONLY X1 AUTOS ONLY RROPERPR CAMAGI $ �{ _ 4Pav pse dgNlJ. B X UMBRELLA LIAE X OCCUR X X 6071853368 3131/2018 03/31/2019 EACH occuRRENw $1r000,00 EXCESS LIAE --" 0 0 „S�I,AIMS"h1ApE XS of GL,Auto & AGGREGATE $1„000a000 -- D rX..R T' ICNs10,O001 -- Employers Liab s .'�° WORKERS COMPENSATION Y0 m...._.. D 6045839429 .. __- . .... X R "... AND EMPLOYERS'LIABILITY YIN 31311201E D3l31/201 r. .-STATUTE ANYCERRMEMBEIR EXCLUDEPox6cuTroE ID LA MO NC OFandatery in 1AEM BER EXCLUDED' N I NIA V OR UT USL&H!M Li EACH ACCIDENT $1,000,000 C IPNanaae"me.Jne 6045838328 3131/2018 03/31/201 E I DlsLnsH'. CAEMrLpw(;E $1,000,000"e ap aeecNnN0FO _ .. iJIUL:raIPnoH or OPERAr�uNS t!,altiw CA incI USL&H/MEL EL DISEASE'. Poucr LIMIT„ $1,000000 .... _ .._.. .. .......... .. r DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached it more apace Is required) 0410-200-00-Prager Levee Assessment, S. 216th& Prager Road S., 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 ISHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 400 West Gowe XPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN DANCE WITH THE POLICY PROVISIONS. Kent, WA 98032-0000D REPRESENTATIVE 7 /2v ©1988-2015 ACORD CORPORATION.All rights reserved,. ACORD 25(2018103) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S228313681M22830972 BHRZP I n This page has been left blank intentionally. is CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Prod ucts-Compieted 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 It. 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. It. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: 8 A, coverage broader than required by the written contract;or B. a higher limit of insurance than required by the written contract. ill, The insurance granted by this endorsement to the additional insured does not apply to bodily Injury, property a 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: 1. 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 GNA75079XX (1-15)J Policy N... _...--._. Enect ve Effective dorsement Noo: 6023113030 Page 1o12 Y The Continental Insurance Co, Date: 03/31/2017 Insured Name: GECENGINEERS, INC. Copyright CNA All Rights Reserved- Includes copyrighted maleriel of Insurance Services office,Inc„with its permission. _ _............. ------ CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement I 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. rexpires sendorsement which forms a part of and Is far attachment to the Policy Issued by the designated Insurers tk effectthe effective date of said Policy at the hour stated In said Policy unless another effective date is shown below and concurrently with said Policy CNA75079XX 1-15 �"Policy j Poolicy No. 6023113030 Page 2 of 2 Endorsement No: The Continental Irisuxance co.. Effective Date: 03/31/201-1 Insured Name: GEOENGINELRS, INC. Copyright CNA PoI Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.with Its permission. CNA71527XX CNA (Ed. 10112) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations ANY Pi R,7T Oe �R,ANIZATION, atrr onrLY IF"YOU Ac:r•, REQUMED EX WRITTEN CON RAUT ON WRITTEN A,REE'MENT T`O MAKE THAT Pt R.SON OR OR;AN I`LAI'ION AN AOD: 'HONAL 17VSUPED ti[dD Ef? "CF1IJ POLICY, 1. In conformance with paragraph A.1.c, of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (1D/12)� _ __ ..... Polic...y...._N..o:.__ Page 1 of 1 Endorsement No: Insured Name: GEOENGINEERS, INC„ Effective Date: 03/31/2017 Copyright CNA All Rights Reserved. Terra Insurance Company TERRA (A Risk Retention Group) Two Fifer Avenue, Suite 100 INSURANCE COMPANY Corte Madera, CA 94925 DATE 01/01/18 CERTIFICATE OF INSURANCE CERTIFICATE HOLDER City of Kent Attn: Nancy Yoshitake 400 West Gowe Kent, Washington 98032 This certifies that the"claims made' insurance ipolicy(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 218019 01/01/18 12/31/18 LIMITS OF LIABILITY $2,000,000 EACH CLAIM $2,000,000 ANNUAL AGGREGATE 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. NAME AND ADDRESS OF INSURED ISSUING COMPANY: TERRA INSURANCE COMPANY GeoEngineers, Inc. (A Risk Retention Group) 1101 Fawcett Avenue, Suite 200 Tacoma,WA 98402 President