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HomeMy WebLinkAboutCAG2019-096 - Amendment - #1 - GeoEngineers, Inc. - S 224th Street Improvements Phase II - 12/22/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: S. 224th Street Improvements Phase II ORIGINAL AGREEMENT DATE: Feberuary 21, 2019 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, 2021 due to developing pond concerns. 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, including applicable WSST $161,899 Net Change by Previous Amendments including applicable WSST $0 Current Contract Amount including all previous amendments $161,899 Current Amendment Sum $0 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $161,899 Original Time for Completion (insert date) t2t3lt20 Revised Time for Completion under prior Amendments (insert date) nla Add'l Days Required (r) for this Amendment 365 calendar days Revised Time for Completion (insert date) t2t31t2t 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 Ameridre'nt, and acknowledges and accepts that this Amendment constitutes full payment and final setlement ofall claims of any kind or nature arising from or connected with any work either covered oraffected 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 theguarantee 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 andaffirmed, and the terms of the Agreement, previous Amendments (if any), and thii Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they areauthorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which willbecome effective on the last date written below. GeoEnginee6 - 224th ph 2 Construdion Amd l/Bryant coNSULTANT/VENDOR: By: (signature) Print Name:Lvle'l Sto .PE (titte) DATE: 1 2L 2020 CITY OF KENT: (signature) Print Name: Eric Connor DATE: ATTEST: Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department AMENDMENT-2OF2 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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 CONTRACT OR 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Valley Forge Insurance Company Continental Insurance Company Transportation Insurance Company American Casualty Company of Reading PA National Fire Insurance Co. of Hartford 6/28/2020 USI Insurance Services NW PR 601 Union Street, Suite 1000 Seattle, WA 98101 Please See Below: 206 441-6300 610-362-8530 Seattle.PLCertRequest@usi.com GeoEngineers, Inc. 17425 NE Union Hill Road, Suite 250 Redmond, WA 98052 20508 35289 20494 20427 20478 A X X X Stop Gap WA.OH X X X 6023113030 06/30/2020 06/30/2021 1,000,000 100,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000Stop Gap/EL E X X X X X BUA6023117823 06/30/2020 06/30/2021 1,000,000 B X X X 10000 X X CUE6081095697 (Follow Form) 06/30/2020 06/30/2021 3,000,000 3,000,000 C D N X X WC6081095683 CA Incl.MEL/USL&H WC6081095666 AOS Inc.MEL/USL&H 06/30/2020 06/30/2020 06/30/2021 06/30/2021 X 1,000,000 1,000,000 1,000,000 **Please note that limits shown above may not represent the full limits of coverage carried by the Named Insured, but are shown as evidence that coverage is carried with limits at least as high as is required by contract. (See Attached Descriptions) City of Kent 220 4th Avenue South Kent, WA 98032-0000 1 of 2 #S29172521/M29139514 GEOENINC2Client#: 326119 MYPZP 1 of 2 #S29172521/M29139514 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) 0410-145-07, South 224th Street Improvement Phase II, Kent, Washington. City of Kent is Additional Insured, coverage is primary and non-contributory and waiver of subrogation applies as respects General Liability and Automobile Liability if required by written contract per attached endorsements. Umbrella Liability follows form. 2 of 2 #S29172521/M29139514 EXPIRATION DATE 12/31/21 DATE 01/01/21 17425 NE Union Hill Road, Ste 250 POLICY NUMBER 221019 EFFECTIVE DATE 01/01/21 EACH CLAIM $3,000,000 ANNUAL AGGREGATE$3,000,000 PROJECT DESCRIPTION South 224th Street Improvements, Phase II, Kent, Washington. GeoEngineers No. 0410-145-07 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. LIMITS OF LIABILITY TYPE OF INSURANCE 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. CERTIFICATE OF INSURANCE CERTIFICATE HOLDER City of Kent Attn: Nancy Yoshitake 220 Fourth Ave South Kent, WA 98032 Professional Liability Redmond, WA 98052 GeoEngineers, Inc. NAME AND ADDRESS OF INSURED ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) President Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera, CA 94925