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Home My WebLink AboutPW17-218 - Amendment - #2 - GeoEngineers, Inc. - S 228th St Grade Separation at UPRR - 12/18/2018 K3ENT Records Management Document CONTRACT COVER SHEET 1-11 l� This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If 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): UU Category: Contract Agreement Sub-Category (if applicable): Amendment Project Name: S. 228th St. Grade Separation at Union Pacific Railroad Contract Execution Date: 12/18/18 Termination Date: 5/31/19 Mark Madfai PW: Engineering Contract Manager: Department: g 9 Contract Amount: $0 Budgeted: 0✓ Grant? Part of NEW Budget: Local: ❑ State: ❑ Federal: ❑ Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: I✓ Director Mayor City Council Other Details: Extend the time of completion to May 31 2019 due to project phasing extended the amount of time needed for this contract. • KENT W A 5 H I N G T O N AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER:S. 2281h St. Grade Sei2aration at Union Pacific Railroad ORIGINAL AGREEMENT DATE: May 11, 2017 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 May 31, 2019 due to project phasing extended the amount of time needed for consulting on this contract. 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, $14,257.00 including applicable WSST Net Change by Previous Amendments $8,973.00 including applicable WSST Current Contract Amount $23,230.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $23,230.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/18 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (t) for this 151 calendar days Amendment Revised Time for Completion 5/31/19 (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: (signature) gnature) Print Name: Ly�G �T�•z-c_ Print Name: Timothy J. LaPorte P.E. Its s �tL Its Public Works Director (title) ) DATE 12 T I< DATE: 12 (title APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department ATTE T: Kent Cit Clerk GeoEngineers-228'UP Grade Sep 2 Amd 2/Madfai AMENDMENT - 2 OF 2 Client#: 326119 GEOENINC2 ACORD.. CERTIFICATE OF LIABILITY INSURANCE 3l30l2 D1130/2/DD/YYYY) 018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS "ERTIFICATE 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 . dPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NTA T USI Insurance Services NW PR NAME: Please Send all requests by PHONE fax or email 601 Union Street, Suite 1000 A/c,"° E aLcAIL , 610-362-8530 Seattle, WA 98101 ADDRESS: usi.certrequest@usi.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURED A:Continental Insurance Company 35289 GeoEngineers, Inc. I INSURERS:Continental Casualty Company '20443 17425 NE Union Hill Road,Suite 250 wsuRERc:NationalFirems'ranceco.oIHartford 20478 Redmond,WA 98052 INSURER D:Valley Forge Insurance Company 20508 INSURER E I INSURER F COVERAGES _ U BER: � �" REVISION NUMB ER: THIS IS TO CERTIFY THAT T CERTIFICATEE!'HE 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 ADDLSUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDYYEYYY POLICY YEYri - LIMITS A �( COMMERCIAL GENERAL LIABILITY I X X ;6023113030 3/31/2018 03/31/201 EACH OCCURRENCE $1 000 000 CLAIMS-MADE L-J OCCUR I PREMISESa oceu ante $1 UU,000 X WA&ND Stop Gap MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7X GENERALAGGREGATE $2,000,000 POLICY XI JECOT LOC I OTHER I I I I PRODUCTS-COMP/OP AG G $2,uOv,`00v Stop Gap/EL $1,000,000 lUTOMOBILELIABILITY 6023117823 3/31/2018 03/31/201 COMBINEDSINGLLUMIT Ea accident $1,000,000 1C ANY AUTO BODILY INJURY(Per person) $ AUTOOWNED SCHEDULED H REDS ONLY � AUTOS I BODILY INJURY(Per accident) $ X AAU UTOS ONLY I�AUTOS ONNON-OWNLY PROPERTY DAMAGE Per accident $ B �( UMBRELLA LIAB X ! OCCUR X X 6071853368 EXCESS LIAR 3/31/2018 1 03/31/201 EACH OCCURRENCE $1,000,000 CLAIMS-MADE I XS of GL,Auto& I AGGREGATE $1 000 000 DEC X RETENTION$1 O 000 Em to ers Liab. D WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY 6045839429 3/31/2018 03/31/201 X PER OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N 1 A ID LA MO NC NY OR UT USL&H/M �1_.EACH ACCIDENT $1 OOO OOO OFFICER/MEMBER EXCLUDED? C (yes,doryleund 1 6045838328 3/31/2018103/31/201 E.L.DISEASE-EA EMPLOYEE $1,000000 If yes,describe under DESCRIPTION OF OPERATIONS below CA incl USL&H/MEL E.LDISEASE-POLICY LIMIT $1,000,000 I I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 0410-162-04-S 228th Street Grade Separation at UPRR Storm Drain Replacement Project. City of Kent is Additional Insured and coverage is primary and non-contributory as respects General and Auto Liability if required by written contract per attached endorsements. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 4th Avenue S THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent,WA 98032-0000 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of A ORD$ 2015 ACORD CORPORATION.All rights reserved. #S22831371/M22830972 BHRZP This page has been left blank intentionally. e 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: L 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 inp written contract, but only if: !ry arising out of your work described in such 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. Il. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: s 0 A. coverage broader than required by the written contract;or 0 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 0 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 CNA75079XX (1-15) Page 1 of 2 Policy No: 6023113030 The Continental Insurance Co. Endorsement No: 9 Insured Name: GEOENGINEERS, INC. Effective Date: 03/31/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services office.inc-,with its permission. CAM 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. Th.. insurer L. The II surer 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. Fon is endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and pires concurrently with said Policy. (1 15) Page 2 of 2 Policy No: 6023113030 Page 2 of 2 The Continental Insurance Co. Endorsement No: 9 Insured Name: GEOENGINEERS, INC. Effective Date: 03/31/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA71527XX (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 PERSON OR ORGANIZATION, BUT ONLY IF YOU ARE ( REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT iTO MAKE THAT PERSON OR ORGANIZATION AN ADDITIONAL ( INSURED UNDER THIS POLICY. 1. In conformance with paragraph A.i.c. of Who Is An Insured of Section 11 — 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 r_.nnrlitinng of the Policy remain unchanged. M N O QN O O N i s CNA71527XX (10/12) Page 1 of 1 Policy No.- Endorsement No: Insured Name: GEOENGINEERS, INC. Effective Date: 03/31I2017 Copyright CNA All Rights Reserved. Terra Insurance Company (A Risk Retention Group) TERRA 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 220 4th Ave South 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. TV DC 0 IIIC �o n�1 r Professional liability e e e � i1F IIYJIJ flHIVCC POLICY NU;w113ER 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 City of Kent, South 228th Street Grade Separation_GeoEngineers No. 0410-162-04 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 klja4c President