HomeMy WebLinkAboutPK09-063 - Amendment - #1 - ADC WasteWater Engineering - Lake Fenwick Vaulted Toilet Design - 04/21/2010 Records Marngement,
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CONTRACT COVER SHEET
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: �i(�de1rSs r �'m�s� S _ w r` au
Vendor Number:
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JD Edwards Number
Contract Number: 19�f)q-0(3
This is assigned by City Clerk's Office p -}-
Project Name: Q.�e T'PM.w iC� - �/ G�' L- 1 re� I D L l
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Description: ❑ Interlocal Agreement ❑ Change Order )4mendment ❑ Contract
❑ Other: l /
Contract Effective Date: 'A — Z l — Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Managerq0-r--" )cy,-�Department: pia V V,-5
Detail: (i.e. address, location, parcel number, tax id, etc.):
5 Publlc\RecordsManagement\forms\ContractCover\adcc7832 1 11/08
1KENT
AMENDMENT NO. 1 AND RATIFICATION OF
CONSULTANT SERVICES AGREEMENT
(between City of Kent and Anderson Design Consultants, Inc., d1b/a ADC WasteWater Engineering)
THIS AMENDMENT NO. 1 AND RATIFICATION OF CONSULTANT SERVICES
AGREEMENT ("Amendment") is made between the CITY OF KENT, a Washington
municipal corporation ("City"), and ANDERSON DESIGN CONSULTANTS, INC., d/b/a
ADC WasteWater Engineering, a Washington corporation ("Consultant").
I. RECITALS
1.1 City entered into a Consultant Services Agreement ("Agreement") with
ADC WasteWater Engineering on April 28, 2009, wherein the City agreed to contract
with Consultant for its consultation services with respect to the Lake Fenwick vaulted
toilet project ("Project").
1.2 After executing the Agreement, budget constraints forced the City to
repriontize its projects and this project was temporarily put on hold. Although the City
is now ready to begin work again on the Project, its contract with Consultant has since
expired.
1.3 The parties acknowledge that the Agreement terminated by its own terms
on May 28, 2009. However, the City and Consultant express their mutual intent and
desire to reinstate the Agreement and extend its term through September 1, 2010. In
addition, the parties wish to ratify and affirm any and all acts consistent with the
authority of the Agreement and prior to the effective date of this Amendment No. 1.
II. AMENDMENT
NOW THEREFORE, in consideration of the mutual intent, desire, and promises of
the parties and other good and valuable consideration, City and Consultant agree as
follows:
2.1 Aareement - Reinstated. The Agreement, which terminated by its own
terms on May 28, 2009, is hereby ratified, renewed, and reinstated. The term of the
Agreement is hereby extended through September 1, 2010. All acts consistent with the
authority of the Agreement and prior to the effective date of this Amendment No. 1 are
hereby ratified and affirmed, and the terms of the Agreement and this Amendment No.
1 shall be deemed to have applied.
2.2 Insurance. Consultant's insurance policies expired on June 18 and 20,
2009 (Automobile Liability, Commercial General Liability, and Professional Errors &
Omissions). At the time Consultant executes this Amendment No. 1, it shall provide
the City with an updated Certificate of Insurance evidencing insurance coverage in the
types and amounts set forth in Exhibit B to the original Agreement. In addition,
Consultant shall also provide an endorsement naming the City as an additional insured
AMENDMENT NO. 1 AND RATIFICATION OF
CONSULTANT SERVICES AGREEMENT - 1
(btwn City or Kent and Anderson Design Consultants, Inc., d1b/a ADC WasteWater Engineering)
under the Consultant's Commercial General Liability coverage for the duration of the
Agreement, as extended by this Amendment No. 1.
2.3 Waiver. The Consultant accepts all requirements of this Amendment No. 1
by signing below, by its signature waives any protest or claim it may have regarding
this Amendment No. 1, and acknowledges and accepts that this Amendment No. 1
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. The Consultant specifically waives, and
releases the City from, all claims the Consultant may have regarding the work
completed under the Agreement, and any claims for delay related to the lapse and
reinstatement of the Agreement.
2.4 Remaln/ng Provisions. Except as specifically amended by this Amendment,
all remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS, the parties have executed this Amendment, which shall become
effective on the last date executed below.
ANDERSON DESIGN CONSULTANTS, INC. CITY OF KENT:
d/b/a ADC WasteWater Engineering
i
By: By:
Print Name: 2ock\-t 2 AufEtcav Prin Na e: Jeff Watlin
Title: fadr%ee"r Title: Parks DirectoiJ
Date: oy-ly-i6 Date: /ro
APPROVED AS TO FORM:
By:
City of Kent Law Department
ATTEST:
By:
Brenda Jacober, City Clerk
Lake Fenwu:k Vaulted Toilet-ADC WasteWater Engineering-4-7-10
{III
I
AMENDMENT NO. 1 AND RATIFICATION OF
CONSULTANT SERVICES AGREEMENT - 2
(btwn City of Kent and Anderson Design Consultants, Inc., d1b/a ADC WasteWater Engineering)