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HomeMy WebLinkAboutPW14-319 - Amendment - #3 - GeoEngineers, Inc. - S 224th St Corridor Phase I & II Geotechnical Services - 12/07/2018 I b p� KENT p e'col'r S IW ana+gement Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. f you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: GeoEngineers, Inc. Vendor Number (JDE): Contract Number (City Clerk): Category: Agreement Sub-Category (if applicable); Amendment Project Name: S. 224th Street Corridor Phase I & 11 Contract Execution Date: 12/7/18 Termination Date: 12/31 /19 Contract Manager: Steve Lincoln Department: PW Engineering Contract Amount: $0 Budgeted: (�) Grant? Part of NEW Budget: ( Local: State: Federal: Related to a New Position: a Basis for Selection of Contractor? Bid: Small Works Roster: El Direct Negotiation: RFP: E Quotes: Approval Authority: (i) Director 0 Mayor 0 City Council Other Details: Extend the time of completion to December 31 , 2019, K� e T AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: GqoEnqinegr5, Inic, i CONTRACT NAME & PROJECT NUMBER: S. 224Ch Strgpt Corridor Phase I & II ORIGINAL AGREEMENT DATE: Dgrgmber 12 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: No change to the scope of work, however an amendment is needed to extend the time of completion to December 31, 2019 due to there are several outstanding work items for this project that will need to be completed 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, $98,937.00 — _....._... including applicable WSST Net Change by Previous Amendments $0 including applicable WSST ..�.-- ..__....-- 8 ......-_ _.. -------- Current Contract Amount I $98,937.011 including all previous amendments _.. _.. �_...__.....— Current Amendment Sum $p --------....... .. _........ ......... ----- Applicable WSST Tax on this $0 Amendment —_........ .. ........... ......... ......... _ Revised Contract Sum $98,937.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/16 (insert date) Revised Time for Completion under 12/31/18 prior Amendments (insert date) ........._..... — Add'I Days Required (f) for this 365 calendar days Amendment --------- ._... _ a- . 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 QF" ENT .... � _..-- -By: Bv. (Signature) s�gr�atur'r f Print Name s"" 1 L' „�c _ Print Name: Timothy j. LaPorte P.E. Its fir, ,,o, r l „ C.f Tfu Its Public rk6 DireCto_..._ (title) fl DATE: II z —� s......._-- —---- — DATE: ATTEST: APPROVED AS TO FORM: ._.. (applicable if Mayor's signature required) Kent City Clerk Kent Law Department G-o n,,—r5-224"1-Am.3/ "A' AMENDMENT - 2 OF 2 Client#:326119 GEOENINC2 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMtDD/YYYY) 3/30/2018 -41S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS iRTIFICATE 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. ---EMPOT-07.ARiX7` It the certificate holdet is an ADDITIONAL INSURED,the policy(4s)must-hive ADDITIONAL e NAL INSURED provisions or be endorsed. It 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(s). PRooucER C ,tE;cI Please send all requests by USI Insurance Services NW PR 'wrrGNEfax or email -- - FAX 610-362-8530 601 Union Street, Suite 1000 E MAIIES5, usi.uBrh'equ®stCr Ltsl.com Seattle,WA 981p1 tNSURePQSI AFFORDING COVERAGE NAICg INSURER A:conti. .,.,. , INSURED INSURER Continental casualty company 20443 17425GeoE NE Union , Inc.it INSURER hillR t ante Co of Hartford 120478 17425 NE Union Hill Road,Suite 250 - -- --- -- -- INSURER Va�IeyForge inswanceeompany 2D$D8 Redmond,WA 98052 _...... __-.. ... __.-. ...... IINSURER E N SURER 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. INSR - ' .-.i41 SURE -,. '"" POLICCY EkF POA.ICYB-- � ......,.. LTR TYPE OF INSURANCE INSR WvO POLICY XP NUMBER (MM/Dd1YYYYf tMMJDDRYYYY) LIMITS A XI COMMERCIAL GENERAL LIABILITY X X 6023113030 3/31/201803/31/2012 EACH S�o�Fy';�t UHREPIGE $1 QQD DQD CLAIMS MADE X,l OCCUR fgLMISF3pfa aul4uaraulcul_ 1$100.000 X,`WA& ND Ston Gap MED EXP Any ore period s15,000 +PERSONAL B ADV INJURY 81,000,000 GEN L AGGRECA HE LIMI F APPLIES PER I GENERAL AGGRECA FE $2,000,000 PFIO ..,,,-..,.. _....... r POLICY X JEOT (_X..� Loc PFODUGFS LOMP/OPAGO $2,000,000 -Stop—--- .-,,,. 0 OTHER. Gap/EL $1,000.OD0 OMOBILE LIABILITY ... 1 6023117823... .... „3/31/2018103/31/201 c"�Pilf46eu"c.l IurL Iuu orl ISuruglrFurrl) - c1,000.OD0 --- AUT +ANYAUTO BODILY INJURY(PY,person) it OWNED SCHEDULED BODILY INJURY(P arr rlenll 6 _ AUTOS ONLY _ AU FOS HIRED NON-OWNED PROPERTY DAMAGE X�Au ros ONLY .X Au ros ONLY tP nuaa ..EL., . _.. .... . .__ ..... .. B-- XI UMBRLA LIFE X OCCUR X X 6671853368 3/3112018iO3/31/201 EACH UCCUARENCE sl.000.000 EXCESS LIAB CLAIMS MADE f XS of GL, Auto & AGGREC%DE 1+0D0v 000 DED 1 X�RETENTION a10.000V Emplovers Liab. $ N .... D AND EMPS YERS'LI A ILIT 6045839429 3/31/2018103/31/201 X PER GrH AND EMPLOYERS'LIABILITY Y(N t^°`. ,..... .. .. ANY PRf)PRETOR/EXCLUDIi�EkEcunVE - ID LA MO NC NY OR UT I USL&H/M Lt.EACH ACCIDEN F $1 000 000 OFFICEWMk MBER EXCLUDED' N�INIA C (Mandatary in NH) 6045838328 3/31/2018 03/31/201 EL.DISEASE EA EMPLOYEE $1 000 000 If you,describe antler -- .-- - - DFsr,RIPNONOFOPERATnNShelery CA Intl USL&H/MEL EL DISEASE POucY Lumrr $11Ch00rOpp DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) 0410-145-03- Environmental Services,S.224th Street Project, SR 167 Bridge and Hill Climb.City of Kent is Additional Insured 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. 400 Wes[Gowe Kent, WA 98032-0000 AUTHORIZED REPRESENTATIVE mm + �a-.�Q, r'i l ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2011 1 off The ACORD name and logo are registered marks of ACORD #S22831379/M22830972 BHRZP ------------- C 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 whale 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. 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: A. coverage broader than required by the written contract;or 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: c 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 CNA75079XX(1-15) Policy No: 6023113030 Page 1 of 2 Endorsement No: 9 The Continental Insurance Co. Effective Date: 03/31/2017 Insured Name: SEOENCINEEPS, INC. Copyright CNA All Rights Reserved. Includes copyrigh[ed material cf Insurance Services Office,Inc.,with its permission. j �tr � CNA PARAMOUNT +�Ms 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. V!. 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. CNA75079XX (1-15) Policy NO CO23113030 Page 2 of 2 Endorsement No: 9 The Continental Insurance Co. Effective Date: 03/31/201.7 Insured Name: GEGENGINEER5, INC. Copyright CNA All Rights Reserved. Includes copyrightec material of Insurance services Office,Inc.,with its permission. This page has been left blank intentionally, `� CNA71527XX ./7 (Ed. 10/12) 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 PERSON OR, ORGANIZATION, BUT ONLY IL YOU ARE' REQUIRED BY WRITTEN CONTRACT OR WRIT'IFN ,GREEMENT TO rCV,,E THAT Pf'RSON OR OR.GPNIZATTON AN .A_I)TTTONAL INSURED UNDER This 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. t CNA715275 (10/12) ....,.......m Policy No: Page 1 of 1 Endorsement No: Effective Date: 03/31/2017 Insured Name:GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Terra Insurance CompanyTERRA (A Risk etention Group) Two Fifer RAvenue, Suite 100 % ' INSURANCE COMPANY Corte Madera, CA 94925 DATE 01/01/18 CERTIFICATE OF INSURANCE CERTIFICATE HOLDER City of Kent Engineering Attn: Nancy Yoshitake 400 West Gowe Kent, WA 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 218019 01/01/18 12/31/18 LIMITS OF LIABILITY $2,000,000 EACH CLAIM $2,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION Environmental Services, S. 224th Street Project, SR 167 Bridge and Hill Climb Kent, Washington: GET File No. 0410-145-03 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. NAME AND ADDRESS OF INSURED ISSUING COMPANY: TERRA INSURANCE COMPANY GeoEngineers, Inc. (A Risk Retention Group) 1101 Fawcett Avenue, Suite 200 c Tacoma, WA 98402 President