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HomeMy WebLinkAboutPW11-030 - Amendment - #3 - GEI Consultants, Inc. - SR 516 to S 231st Way Levee - 08/27/2013ecords M em KENT Documen WA9HINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Offie. All portions are to be completed' If you have questions, please contact city clerk's office. Vendor Name: GEI Cons ultants Inc. Vendor Number: JD Edwards Number Contract Numberl This is assigned bY CitY Clerk's uJ ll-o30 SR 51 6 to S. 231't W av LeveeProject Name: Description: fl Interlocal Agreement n Other: n Change Order Z -ez- t3 Contract Effective Date:Date of the Ma vor's siqnature Te X Amendment3 I Contract rmination Date' 1 3 13 Contract Renewal Notice (DaYs): Number of days required notice ior termination or renewal or amendment Contract Manager: Beth Tan Department: Eng ineerinq Detailr (i.e, address, location, parcel number, tax id, etc') of work has been revised to include enq ineerinq supp ort for the constructionThe scope phase of the North Reach Seconda ry Levee, The total amou nt and time of completion is this amendmentnot impacted bY S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 | 11/08 KENT WASHtNGToN AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: CONTRACT NAME & PROJECT NUMBER: ORIGINAL AGREEMENT DATE : GEI Consultants' Inc' SR 516 to S. 231'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 Amendments not inconsistent with this Amendment shall remain in full iorce 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 priorAmendments,theConsultantorVendorshall: The scope of work has been revised to include engineering support for the construction phase of the North Reach Secondary Levee. The total amount and time of completion is not imPacted bY this amendment' 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, includi ng applicable WSST $499,498.00 Net Change by Previous Amendments i nclud ing applicable WSST $15,172.00 Current Contract Amount including all previous amendments $514,670.00 Current Amendment Sum $o Applicable Amendment WSST Tax on this $o Revised Contract Sum $514,670.00 AMENDMENT-1OF2 Original Time for ComPletion (insert date) r2l3utl Revised Time for ComPletion under prior Amendments (insert date) 1 2t3I I 3 Add'l Days Required (*) for this Amendment o calendar days Revised Time for ComPletion (insert date) t2t3il13 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 thai ttris 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 oifi.e 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 3nY)r 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' CONSULTA lvE By: Print Name: Its DATE: CITY OF By: (signature) P me DATE: APPROVED AS TO FORMr if Mayor's Ke Law Depa ent GEI - SR 516 - 231"tLevee Amd 3/Tan AMENDMENT-2OF2 EXHIBIT A GEI (.icr,rtcchnical h:rr\.iFxrncrtnl \t'nrcr llcs'rurct's I igrIogicnl Consultnnl5 August 8,2073,2013 Ms, Beth Tan, PE City of Kent Public Works Depafiment 220 Fourth Avenue South I(ent, WA 98032 Re: Scope and Cost estimate for Construction Phase Engineering Support - Rev. I Green River SR 516 to S' 231't Way Levee System North Reach Secondary Levee Dear Ms, Tan Scope of Services Based on our phone gonversation of July ll,2Al3, we propose to perform the following scope of services: r Attend the pre-construction meeting r Participate in select construction meetings by conference call, The meetings will be limited to meetings where discussion of earthworlt activities will be a significant topic of the meeting, c Support City in reviewing contractor submittals with significant engineering content, including contractor work plans and proposed levee fill materials, e Review material certificates and QC and QA test reports for'fiII, o Support City in reviewing and responding to RFI's that involve significant engineering content r Participate onsite at the startup of earthwork construction activities to: o Evaluate site conditions and construction procedures to confirm they are consistent with design assumPtions o. Review key construction features including foundation excavation and foundations prior to placing fill . support cify in reviewing change order requests if desired by the city . Support City with evaluation of contractor claims if needed This letter presents our proposed scope and cost estimate for the Construction Phase Englneering Support for tfre Green River Right Bank Levee between SR 516 and S. 231s Way' prJposed imprwoments include the oonstruotion of a secondary levee along the landside of the exiiting levee between approximate river stations 1032+00 and 1042+00, w rv rv,gci cOn stl I Iill) ts'c (lln GIJI (lonsultants, Inc 180 Grand r\r'e, Suite 1410, Oakland ,Ct\94672 510'350.2900 fax 510 350'2901 Ms. Beth Tan August 8,2013 r Perform design evaluations and prepare design modifications as required to conform design to conditions exposed during oonstruction r Review As-built Drawings based on redlines from City andior contractor Materials testing, daily inspeotions, and other construction management duties are not included in this scope, We have assumed that they would be performed by the City's constructiotr management personnel and an inspection/testing firm such as Jason Engineering, Schedule We are prepared to begin the work within 7 days of reoeiving a Notice to Frooeed, We have assumed that the preconstruction meeting will occur in August 2013 and that earthwork activities will occur in September 2013. We assume that construction will be substantially complete by mid October 2013. Cost Estimate The proposed scope and level ofeffort are dependent on actual project duration, contractor activities, submittals, requests for information, and other items outside our control, For budgeting purposes, a preliminary breakdown of the estimated costs is included in the table below. We will not exoeed the total estimated amount of $27 ,442 without your written authorization, Conditions Our services will be provided in accordanoe with previously negotiated contract terms and conditions fo1 the SR5 1 6 to the S 23 l't Way Levee, We will perform the above scope of work on a time and materials basis, Invoices will be submitted rironthly based on the services performed as of the end of each billing period, 2 Staff: Rate: Project Engineer $ 118 Nickerson $ztz Pujol $23e Labor Total Expenses Pre-Const. Meeting 8 2 8 $ g,zso $ 1,200 Conf, Calls 8 8 4 $ 3,596 Submittal Review 8 2 2 $ 1,846 Review QA/QC Documentation 8 8 2 $ 3,11"8 Support RFI Response 8 4 2 $ 2,270 Const. Site Visit 16 2 2 $ 2,790 5 1,200 Support CO Request 2 2 $ goz Support Claims Request 2 2 s eo2 Design Modifications 16 8 4 $ 4,540 Review As-Builts 4 4 2 s 1.,798 Subtotals $ zs,aqz $ 2,+oo Total $ zt,qqz Ms, Beth Tan August 8,2013 Based on our phone oonversation of August 7,2013 and your email of the same date, we understand the City desires to add the above scope of work to our existing oontraet and remove items from Amendment #1 salled FEMA Comment Response Round 2 and FEMA Comment Response Round 3. The dollar amount/Contract Sum will remain at $514,670 and time of completion of the contract oontinues to be Decembet 31, 2013 . We understand that if in the future the City desires to add those items back into the scope of work, we will go over the City's needs with you and develop the necessary adjustments to the contract budget and time of oompletion at that time. Closing Thank you for the opportunity to submit this scope and cost estimate, We look forward to continuing to work with you on this project. Please call me at 510-350-2908 or Jim Nickerson at781-712-4023 ifyou have any questions. Sinoerely, GEI CONSULTANTS,INC. Alberto Pujol, P,E. Vice President, Project Manager C: Jim Nickerson J GEICONS-01 KPAWLOWSKI --ACORD'\---CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE NUMBER:REVISION NUMBER DATE (MM/DDTYYYY} 5t212013 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER. MATTERERTIFICATE ALTERAFFIRMATIVELY DER.HOL THISNUPOCETHERTIFICATEYNLcoNANDERSFRIGHTSNOOFFORMAINoTIONrsUtssASEDAc's LI ESBAFFORDEDTHEYPOETHCOVERAGEDEXTENORAMENDYNEGAORTIVELTERTIFICAESDOOTNAUTHORIZEDISSUINGTHEBETWEEN),NSURER(SACONTRACT tosulsendorsed,be Stf bjectWAIVED,UBROGATIONthemustlsholderADanNALDITIONSURED,pol icy(ies)tf theANT:certificateRTIMPO tohts ethndoesconferotAntstatemethoncertificaterigrsireendorsement.antheofcertainandtermsndcoonspoliciesrequmayititheicypol certificate holder in lieu of such endo 328-688811328-6555 NAIC #AFFORDING 20478INSURERnsuranceIofHartfordFiNationalreCompany PROOUCER Ames & Gough 859 Willard Street Suite 320 Quincy, MA 02't69 2561 5INSURER B Charter Oak Fire lnsurance 20494n lnsuranceTINSURER 20508lnsurance ComValINSURER Chartis GEI Consultants, lnc 180 Grand Ave Oakland, cA94612 INSUREO COVERAGES THAT MAY POLICYTHE PERIODREDNSUABOVENAMEDFORBEENSSUTHETOBELOWLISTEDHAVEEOFPOLICIES.INSURANCETHISTHISCERTIFYTN \ /t-ilcHTO TH sRESWTHPECTOTHERORDOCUMENTOROFCONDITIONCONTRACTANYREQUIREMANYTERMENTOTWTHSTANNDINGDIINCATED,ESUBJSTOECTTH TERMS,ALLNEDDESCRIBEREIHBYAFFORDEDPOLtCtESTHEETHRANINSUCEBEMAYORISSUEDPERTAIN,ERTIFICAc TE tMs.REDUCEDBEEN CLABYPAIDSHOWNLIMITSHAVEMAYSUCOFPOLIHES.CINEXCLUSIOANDDITIONScoN LIMITSMBERTYPE OF INSURANCE 1,000$EACH OCCURRENCE 300X 10IVIED EXP one 1,000PERSONAL & ADV INJURY $2,GENERAL AGGREGATE $2,PRODUCTS - COMP/OP AGG $ 5t1t20145t1t20139 X 1 $BODILY INJURY (Per Person)X $BODILY INJURY (Per accident) $XX $ 5t1t20145t1r20130-l D708633 COMIVIERCIAL GENERAL LIABI LITY X GEN'L AGGREGATE LIMIT APPLIES PER: A B SCHEDULED AUTOS NON-O\A/l\]ED AUTOS X POLICY CLAIMS-lilADE OCCUR AUTOMOBILE LIABILITY LOC GENERAL LIABILIry ANY AUTO ALL OVIiIIED AUTOS HIRED AUTOS ,| $EACH OCCURRENCEXX 1$AGGREGATE OCCUR CLAIMS-MADE UMBRELLA LIAB EXCESS LIAB $ 5t112014st112013567c DED X X $1 000E.L. EACH ACCIDENT $E,L. DISEASE - EA 1$ 5t112014 POLICY LIMITE,L, st1t2013 N/A 410D WORKERS COMPENSATION AND EMPLOYERS' LIABILIry ANY PROPRIETOR/PARTNER/EXECUTIVE N Y/N EXCLUDED? ln NH} underdescribe 5t1t2014 51112014 1,000, 1,000, Per Claim gregate 5t1t201s 5t1t2013 7788026 7788026 E E Liability DESCRtpTtON OF OpERATTONS / LOCATTONS / VEHICLES (Attach AcoRD I 01, Additional Remarks schedule' if more space Project#110550 SR 516 to S. 231stWay Levee . .city of Kent is included as aooltionat lisured with respect to General, Auto and Umbrella Liabillity (Blanket Add lns), where required by written contract' General Liability poticcy intcuJei cross Liability clauie& severability of lnterest provisions. lnsurance (excluding Professional Liability and worker's compensation) is primary and non-contributory. is required) HOLDER TION @ 1988-2010 ACORD CORPOMTION' All rights City of Kent 220 Fourth Avenue South Kent, WA 98032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ' -)41uiL.',., t t' i ), n -, .(,.) ACORD 25 (2010/05)The ACORD name and logo are registered marks of ACORD reserved. G-140331-C (Ed. 1ol1o) THIS ENDORSEMENT CHANGES THE POLIEY. PLEASE READ lT EAREFIJLIY, B LAN KET ADD I T oNAL I hls u RE D - oWN ERS, L FSS EJ9 9 [ g_qryrRAcro Rs - WITH PRODUCTS-COMPLETED OPERATIONS COVER/\GE This endorsement modifies insurance provided under the following: I COIVIMERCIAL GENERAL LIABItITY COVERAGE PART SOHEDULE (OPTIOI{AL) CtrJ* Name of Additional lnsured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) As per Certificate. Locations of Oovered Operations (As per the "wr1ten contract," provided the location is within the "coverage territory" of this Coverage Part.) As per Certificate. A. Section ll - Who ls An lnsured'is amended to include as an additional insured: 1. Any person or organization whom you arq reciuirbO by "written contracfl' to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily. injury," "prope.rty damage," or. "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of thoSe acting on your behalf in the performance of your ongoin$ operations specified in the "written contract"; or G. "Your work" that is specified in the "written contract" but only for "'bodily injury" or "property damage" included in the "products'Comilleted operations l'lazard''' and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. G-140331-C (Ed.10/10) We will not provide.the additional insured any broader coverage or any higher limit of insurance than the least that is: : a. Required by the "written contract"; b. Described in 8.1. above; or e. Afforded to you under this policy. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other'basis. but if -required by the "written contract," this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named lnsured. The insurance provided to the additional insured does not apply to "bodily injury," "property ddmage,", or "personal and advertising injury arising out of: a. The rendering of, or the failure to render, any profdssidnat architectqral, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maPS' shoP drawirrgs, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or englneering activities; or 2 .e 4 Page 1 of2lncludes copyrighted material of lnsurance Services Office, lric., with iis permissiOn ftr* b. Any. premises or work for which the additional insured is specifically listdd d's ah additional insured on another endorsement attached to this Coverage Part. c. bTCIOIq IV COMMEROIAL GENERAL "" L|ABlllry CONDITIONS is amended as follows: 1. The Duties ln The Event'of Occurrence, Offense, Claim or Suit condition is amended 16':"add the following . additional conditions applicabte to the additional insured: . An additional insured under this endorsement. willas soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this irtsurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph 8.3 of this 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 redeived, 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 "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part.. But if the J'written contract" requires this insurance to be primary and non- contributory, this provision (4) does not apply to insurance on which the additional insured is a Named lnsured. G-140331-C (Ed.10/10) ' We have no duty to defend or indemnify an.additional insured irnder this endorsement until we receive from the additional insured written notice of a claim or "sllit." 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.d replaced with the following: 4. Other lnsurance a. Primary lnsurance This insurance is primary and non- contribuiory 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 -'DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person br organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage"; or b The offense that caused the "personal and advertising injury" for which the additional insured seeks cbverage under this Coverage Part. G-140331-C (Ed.1o/10) lncludes copyrighr'ed material of lnsurance Services Office, lnc., with its permission Page 2 of 2 REQUEST FOR MAYOR'5 STGNATURE KENT Please Fill in All App licable Boxes ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if A licable All Contracts Must Be Routed Through The Law Department Shaded Areas To Be Completed By Administration Staff D Dept/Div, Engindering/Environmental Extension 5552 Originator's Name: Beth Tan Date Re uiredDate Sent: 6 /oc/rZ 13CONTRACT TERMINATION DATE: 1 3Return to: Nanc Yoshita ke DATE OF COUNCIL APPROVAL:AVENDOR: GEI Consultants, Inc Brief Explanation of Document: The attached Amendment No. 3 is necessary to revise GEI Consultants scope of work to include engineering support for the construction phase of the SR 516 to 5.231't Way North Reach Secondary Levee. The total amount and time of completion is not impacted by this amendment. ( Prrviort s scope ^ f emo u tJ c Ln lQ' cso.rft n y'rtVor,s" t6 f f^4 ^ds r.7 l)uJ /Wt s.-f-J RffiffiffiHVED g--AU(r 2 E 2OI3 Citv of Kent Otfice bt tne Mayor FqHCf lVEDrhis area to be completed by the Law Department) Received: AUG 2 6 2013 Approval of Law Dept,:b Law Dept, 6ffi:fr"&'T.!AW DEPT.w Date Forwarded to MaYor Uo I3 Received:ffiffiCEdVHD Recommendations and Comments:AUG 2 7 Zon ?K"&fHil'Disposition !/zz/tzffim&-rz-- Date Retu rned