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HomeMy WebLinkAboutPW11-030 - Amendment - #4 - GEI Consultants, Inc. - SR 516 to S 231st Way Levee - 12/17/2013I ecords M em KENT Documen WAgHINGTOX CONTRACT COVER SHEE'I 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: GEI Consultants Inc. Vendor Numberl JD Edwards Number Contract Number:ll-oeo This is assigned by City Clerk's Office SR 516 to S. 231st W av LeveeProject Name: Description: n Interlocal Agreement n Other: n Change Order X Amendment n Contract Contract Effective Date: Date of the Mavor's s iqnatureTermination Date,L2/3Llt4 Contract Renewal Notice (DaYs): Number of days required notice for termination or renewal or amendment Contract Manager: Beth Tan Department: Eng ineerinq Detail: (i.e. address, locatio arcel number, tax id, etc.): ecember 3t, 20t4 because th e roiect is still in theExtend the time of com oletion llr P toD design phase, S: Publlc\RecordsManagement\Forms\Contractcover\adcc7832 | 11/08 KENT WASHtNGToN AMENDMENT NO. 4 NAME OF CONSULTANT OR VENDOR: CONTRACT NAME & PROJECT NUMBER: ORIGINAL AGREEMENT DATE : GEI Consultants' Inc. SR 516 to S. 23l"t Wav Levee February 18' 2O11 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 Am-endments 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 December 31' 2OL4 because the project is still in the design phase. 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 $499,498.00 Net Change bY Previous Amendments including a pplicable WSST $15,172.00 Current Contract Amount inctuding all previous amendments $514,670.00 Current Amendment Sum $o Applicable WSST Amendment Tax on this $o Revised Contract Sum $514,670.00 AMENDMENT-1OF2 Original Time for ComPletion (insert date) 12t3utl Revised Time for ComPletion un der prior Amendments (insert date) t2tsut3 Add'l Days Required Amendment (t) for this 365 calendar daYs Revised Time for ComPletion (insert date) t2tsllt4 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 constiiutes 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 oific" 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)r and this Amendment, prior to the effective date of this Rmendment, 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' CITY OF KENT: By: (signature) 2 /7 I DATE NDOCONSULTANT o flr, 'l-)f' It Print Name: DATE: APPROVED AS TO FORM: Kent Law DePartme if Mayor's required) GEI - 5R 516 - 231"tLevee Amd 4/Tan AMENDMENT-2OF2 ,,^CORD" I --' GEICONS.OI KPAWLOWSKI CERTIFICATE OF LIABILITY INSURANCE 'S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS rtTlFlcATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. TH|S CERTTFICATE OF TNSURANCE DOES NOT CONSTITUTE A CONTMCT BETWEEN THE ISSUING TNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. DATE (MM/DD/YYYY} 5t212013 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditlons of the policy, certain policles may require an endorsement. A statement on this cedificate does not confer rights to the certificate holder in lieu of such endorsement(s). liJFt'lF^ "-.,. (61 7) 328-6555 328-6888 INSURER'SI AFFORDING COVERAGE NAIC # PRODUCER Ames & Gough 859 Willard Street Suite 320 Quincy, MA 02169 lxsupsp 4; National Fire lnsurance Company of Hartford A(XV 20478 rNsrrRER B , Gharter Oak Fire lnsurance Companv 25615 tNsuRER c :Transportation lnsurance companv A(XV)20494 lxsupgp e;valley Forqe lnsurance company A(XV)20508 INSURER E: ChATtiS GEI Consultants, lnc 180 Grand Ave Oakland, CA94612 INSURED INSIJRER F: COVERAGES CERTI TE NU DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES (AftachACORDl0l,Additional RemarksSchedulerifmorespaceisrequired) #1 1 0550 SR 51 6 to S. 231 st lVay Levee al lnsured with respect to General, Auto and Umbrella Liabillity (BlanketCity of Kent is included as Addition General Liability policcy inlcudes Cross Liability Clause & Severability of lnterest provisions. lnsurance (ex Competrsation) is primary arrd non-contributota. REVISION NUMBER: Add lns), where required by written contract. ciuding Professional Liability and Worker's CERTIFICA HOLDE City of t(ent 220 Fourth Avenue South l(ent, WA 98032 CANCELLATION O 19BB-2010 ACORD CORPORATIOtI. ;\ll righ{:s reserved, l'he ACORD nante ancl logo are legisterecl inalks of ACORD THIS IS TO CERTIFY THAT.THE POLICIES. OF INSURANCE LISTED BELOWHAVE BEEN INDICATED. NOTWTHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUMNCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECTTOALLTHETERMS, ISSUED TO CONTRACT THE UtNs DRE FORABOVE POLICYTHE ERIODP OTHEROR UMDOC WTHENT TORESPECT DWHICHTH EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE tNqp POLICY NI.JMBER POLIGY EFFIIMM/DDTYYYY}LIMITS EACH OCCURRENCE 1,000,000$ UAMAUC IUXtrNItsU PRFMISFS aFe occurrencAl 300,00($ MED EXP (Anv one person)10,00c$ PERSONAL & ADV INJURY 1,000,00c$ GENERAL AGGREGATE 2,000,00c$ PRODUCTS - COMP/OP AGG 2,000,000$ 4034941 51 9 . 5t1t201s 5t1t2014 $ UUMtsINtsU 5INULtr LIMII 1,000,000q BODItY INJURY (Per person)$ BODILY INJURY (Per accident)$ I'KUHtrX I Y UAVIAUE/ptrR anetnFNTt $ 81 0-1 D708633 51112013 5t1t2014 $ COMMERCIAL GENERAL LIABILITY :N'L AGGREGATE LIMIT APPLIES PER: X A SCHEDULED AUTOS NON-O\AJNIEDXXAUTOS X POLICY X CLAIMS.MADE OCCUR AUTOMOBILE LIABILITY LOC X GENERAL LIABILITY X ANY AUTO ALL O\^/I]ED AUTOS HIRED AUTOS EACH OCCURRENCE 1,000,000$X X AGGREGATE 1,000,00c$ UMBRELLA LIAB EXCESS LIAB OCCUR CLAII\IS-ITADE 4034941597 6t1t2013 511120'14 s c DED RETENTION $ v I WL;SlAlU- I lUlH-n lT6DVrrlrrrel I ED E.L. EACH ACCIDENT 1,000,000s E.L- DISEASE - EA EMPLOYEI 1,000,00c$ D N/A 4034941410 511t2013 51112014 E.L. DISEASE. POLICY LII\,1IT I,000,000$ WORI(ERS COMPENSATION AND EMPLOYERS' LIABILIry ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) lf yes, describe under DESCRIPTION OF OPERATIONS beldw N Y/N E E 17788A26 17788026 5t1t20'13 sl'I2013 511t201"r 5t112014 Per Claim Aggregate 1,000,000 1,000,000 Prof. Liability SHOUL.D ANY OF THE ABOVE DESCRIBED POLICIES BE CAIICELLED BEFORE THE FXPIRATIOI'I DATE THEREOF, NO ICE WILL BE DELIVERED IN ACCORDAI.ICE WITI'I THE POLICY PROVISIONS. ATJTI.IORIZED REPRESEI!TATIVE $.e oRD 25 (2010/05) str*G-140331-C . (Ed. 1ol10) THIS ENDORSEMENT CHANGES THE POLIEY. -PLFASE REA-D IT CAREFqI=LY, B LANKETADDITIONAL II{SURED . OWNERS, LESSEES OR CONTRACTORS - WTH PRODUGTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the foflowing: conniilencrAl GENEML LrABtry covERAGE 'ART - ' ,SGHEDULE (OPT|OI{AL) brganANamofAdditionalFersolnsured0rns izations contract" per Paragraph A. below) As per Certificate. (As required by "written Locations of Oovered 0perations (As per the "written contract,,' provided the location is As per Certificate. within the "coverage territory" of this Coverage part.) A. Section ll - \Aliro ls An lnsured..is amended toinclude as an additional insured: - - - 1. Any. person or organization whom you ate' required by 'Written contract" to acld as anadditional insured on this Coverage pari; and 2. Th.e particular person or organization, if any,scheduled above. B. The insurance provided to the additional insured isltmited as follows: 1. The percon or organization is an aclditional insure.d only with respect to liability for "OoOiif. iniury,'l ."propedy cJamage," or "personal. andadveftising injury" causad in whole or in parl by: a. Your acts or omissions; or b. The acts or omissions of ihoSe acting onyour behalf in ihe. perlonlance of your ongoing bperaiions specified irr the,'written contractn; oi G. "Your worl(', ihat is specified in the',written contract" but only for ',,'bodily injury', or"property damage" included ln " ihe"products.bomileteO operations hafard,', and only if: ('l) The "written contraci' requires you toprovide the addiiional insured such coverage; and (2) This Covdrage parl provicles coverage. 2. We will not provide:the additional insured anybroader coverage or any higher limit ot' insurance than thl least tnailis: "'v"-' a. Required by ihe "written contract',; b. Described in 8.1. above; or e. Afforded to you uhder this policy, 3. This insurance is excess of all other insumnce available to the additional insured whether on a grimg-V, excess, contingent or any oth6r,basis. But if requigd by the "written iontract," this insuranco will.be primary ancj non_contri'butory relative to insurance oh which the addir'ionai insured is a Narnecl lnsured. 4. The insurance provided to flre additionalinsured does not apply to i'bodily injury," "propefty damage,", or "personal and advertising ihjury arising out of: a. The rendering of, or the failure to render, a ny profdBsi6 nal. a rch iiectq ral, e n gin eerirr g, or surveying services, including: (1) The preparin$, approving, or failing toprepare ot approve maps, shop drawirrgs, opinions, reports, surveys, field orders, change ordbrs or drawings and specifications; and (2) Supervisory, inspection, architeciural or engineering activiiies; or such G-140331-C (Ed.10/10) lncludes copyrighied rnaterial of lnsurance services office, lnc.irririth iis pennissiqn Page 1 of2 b. Any. premises 'or work for which the additional insured is specifically listbd d's ah additional insured on another enflorsement attached to this Coverage Part. c. brcnoru M coMMERoIAL GENEML ". LIABILIry cONDlTlOhlS is anrended as follows: 1. The Duties ln The Event'of Occurrence, Offense, Glaim or Suit condition ls amended t6l'"add the following . additional conditions applicable io the additional insured: . An additional insured under this endorsement. will as soon as practicable:' (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "sLtit" under this insurance, and of any claim or "suit" that does result; (2) Except as irovided in Paragraph g.s of il'ris. endorsement, agree to make available any' other insurance the additional insured has for a loss we cover under this Coverage. . Part; .. (3) Send us copies of all legal pap€rs reOeived, and otherwise cooperate with us in the investigation, defense, or settlement of the , claim or "suit"; and (4) Tender the defense and indemnity of any claim or "sllit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part.. But if 'the t'written contract" requires this . insurance to be primary and non- contributory, this provision (/.) does not apply to insurance on which the additional insured is a Named lnsured. G-140331-C (Ed, 1ol10) We have no duty to defend or indemniff an' 'additional insured Under this endorsement until we receive from the additional insured written notice of a claim or "suit." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other lnsurance Condition .is deleted an$ replaced with the following: 4. Other lnsurance a. Primaiy lnsurance This insurancq is primary and non- contributory . except when rendered excess by endorsement G-140331-C, or when Paragraph b. below applies. D. Only for thb purpose of the insurance provided by this endorsement, SEGTION V --'DEFtNlTIOltlS is amended to add the.following definition: "Written contract". means a written contract or written .agreement.that requires yqu to make a. person br organization an additional insuted on this Coverage Part, provided the contract or agreement: '1. ls currently in effebt er becomes effective during . the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "propeTiy damage"; or b The offense that caused the "personal and advertising injury" for which the additional insured seeks cbverage under this Coverage Part. fitr* G-140331-C (trcl. 10/10) -lncludes copyrighied rnaterial of lnsurance Seruices Office, lnc., vriih its permission Page 2 ol 2 2 Kent City Council Meeting Date Februarv 1, 201 1 Category Consent Calendar - 7L 1, SUBJECT GEI CONSULTANTS, SR 516 TO S. 23!sI WAY LEVEE PROJECT coNDITIONAL LETTER OF MAP REVISION (CLOMR) CERTIFICA- TION CONSULTANT CONTRACT _ AUTHORIZE EXHIBITS: public Works Memorandum dated IlL2/Ll and GEI Consultants, Inc. Services Agreement 4, RECOMMENDED BY Publ ic Works Co mittee (Committee, Staff, Ex aminer, Commission, etc') suMMARy STATEMENT: Authorize the Mayor to sign a consultant services @ultants,Inc.fortheConditionalLetterofMapRevision (if-OVf n) Certification of the State Route 516 to S, 23l't Way Levee Project in an amount not to exceed $4gg,4g8, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director' There will be no unbudgeted fiscal impacts, as this contract was anticipated when the 2011 budget-was developed, This contract will be paid through the Stormwater UtilitY, 3 5 6 FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No_ CITY COUNCIL ACTION: Co u nci I me m be r-moves, Co u nci I m em ber-seco nds DISCUSSION: ACTION: KENT REQUEST FOR MAYOR'S STGNATURE Please Fill in All APPlicable Box THE COUNCIL MOTION SHEET FOR THE MAYOR - if A icable AII Contracts Must Be Routed Through The Law Department Director ATTACH ptlDiv. Engineerin ironmental Extension:DeOriginator's Name:n aE\\,,t,Jro Date uired:Date Sent: to c o N TRACT T E RM I N ATI o N DATE 1 3 t4YoshitakeReturn to: Nan 11DATEOF COUNCIL APPROVAL:VENDOR: GEI Consultants Inc, Brief Explanation of Document: The attached Amendment No. 4 is necessary to extend the time for completion to December 3!,20L4 for the sR 516 to S. 231st Way Levee Project because the project is still in the design Phase. Wb (This area to be completed by the Law Department) RECEIVED ilEC 1S 2ol3 \ u,K) h,utrKENT IAW DEPT" (+*uXtn Received: Approval of Law DePt. Law Dept. Comments: Date Forwarded to MaYor l, shaded Areas To Be Completed By Administration staff Received:RECEIVED Recommendations and Comments:DEC 1? Zt)13 (/,/,- ottiSJtlrtptufilv"' Disposition, /l) z/ +7t'1:al /t 4+,- 7,/*r*Aa-ri/'T{'ry Date Returned: