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HomeMy WebLinkAboutPW09-070 - Amendment - #2 - Aspect Consulting, LLC - Landsburg Mine - 11/30/2010 } Records Mana' gemen ��,KcNT WPSH1NGTON Document 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: Aspect Consulting, LLC Vendor Number: ID Edwards Number y Contract Number: 202_ V70 This is assigned by City Clerk's Office Project Name: Landsburg Mine Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: 9`a Contract Effective Date: Date of the Mayor's signatureTermination Date: 12/31/11 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Peterson Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Continue to provide guidance to the City during the development of the Clean-up Action Plan to be issued by the Department of Ecology. S.Publlc\Records Man agement\Forms\ContractCover\adcc7832 1 11/08 KENT Why yJN GTON AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Aspect Consulting, LLC CONTRACT NAME & PROJECT NUMBER: Landsburg Mine ORIGINAL AGREEMENT DATE: March 31, 2009 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 is necessary to the scope of work, however an amendment is needed to extend the time of completion to December 31, 2011 to allow the Consultant to continue to provide guidance to the City during the development of the Clean-up Action Plan to be issued by the Department of Ecology. 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, $48,617.00 including applicable WSST Net Change by Previous Amendments $31,979.00 including applicable WSST Current Contract Amount $80,596.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $80,596.00 AMENDMENT - 1 OF 2 Original Time for Completion 6/30/10 (insert date) Revised Time for Completion under 12/31/10 prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 12/31/11 (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: 44� _ By: sz—=e, (s/gnatur (signature) Print Name: S+PG ") Pri Na e: uzette Cooke Its Sr. /aSslpe*fe Its Ma or (title) title) DATE: fiZf-711 DATE: O/ oo 0 APPROVED AS TO FORM: (applicable if Mayor's signature required) L� Kent Law Dep rt nt Aspect-Landsburg Mine Amd 2/Peterson AMENDMENT - 2 OF 2 t TMMIDI CERTIFICATE OF LIABILITY INSURANCE DATE110, YYYY) A p OP ID ASPEC- 1 11/04/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Sprague Israel Giles HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 11 Fourth Avenue, Suite 2000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW attle WA 98101-1637 Phone: 206-623-7035 Fax:206-682- J OjW E AFFORDING COVERAGE NAIC# INSURED 1 A Endurance American Specialty 41718 NOVLINSURER B Asppect Consulting, LLC O 0 9C M Madrone Lane North D Bainbridge Island WA 98110 ITY OF COVERAGES FNIGINEERING DEPT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDI,ION 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 77 LICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR❑ TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDlYYYY) DATE(MM/DDlYYYY) GENERAL LIABILITY EACH OCCURRENCE s2,000,000 A X X COMMERCIAL GENERAL LIABILITY ECC101011366-00 11/01/10 11/01/11 PREMISES(Ea occurence) $ 50,000 CLAIMS MADE OCCUR MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY s2,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $2,000,000 POLICY PRO LOC JECT El AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS THIS C N'1'F ACT IS RRA1iS lF,12F,D RAID FI� RAN AS A BODILY INJURY SURPLi yfNrr; -OVF - %INDE12 T7IEj 3iED I ANCE CI E Per person) $ SCHEDULED AUTOS OF THE STATE OF WASHNGTON,ENA TED IN 1947 IT'IS HIRED AUTOS NOT 1S UED BY A COMPANY RFCULj10 ED BY THE WAS IIW4W BODILY INJURY NON-OWNED AUTOS STATE INSURANCF COMMISSIONER AND IS NOT PRO (Per accident) $ ly WASHINGTON STATE GUARMITY FUND LAW. PROPERTY DAMAGE $ (Per a ccidenp GARAGE LIABILITY AUTO ONLY-EAACCIDENT l $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY AGG S EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE IS OCCUR a CLAIMS MADE AGGREGATE IS DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY YIN TO RY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVr1ECC101011366-00 I1/01/10 11/01/11 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED (Mandatorvm NH) L_ i.TA STOP GAP _ DISEASE eA EMPWVEE $ 1,GCO 000, h yes,describe under SPECIAL PROVISIONS below E L DISEASE-POLICY UMIT $ 1,000,000 OTHER A ( Professional Liab ECC101011366-00 11/01/10 11/01/11 Ea Claim 5,000,000 Pollution Liab Total Clm 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Kent is additional insured with respects liability arising out of operations by or on behalf of the Named Insured for General Liability per form FEI-316-ECC. Insurance is Primary per form FEI-548-ECC attached Contract #090015 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City of Kent REPRESENTATIVES Attn: Nancy Yoshitake AUTHORIZED REPRESENTATI E 400 West Gowe (Kent WA 98032 ACORD 25(2009iOl) ©1988-200 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) 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 rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2009101) Aspect Consulting LLC AUTOMATIC ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement, effective 11/01/10 attaches to and forms apart of Policy Number ECC101011366-00. This endorsement changes the Policy Please read it carefully. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: An person(s)s or organization(s) whom the Named Insured agrees, in a YP ( J S written contract, to name as an additional insured However, this status exists only for the project specified in that contract. Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. FEI-319-ECC-0708 Aspect Consulting, LLC AUTOMATIC PRIMARY AND NON-CONTRIBUTORY INSURANCE ENDORSEMENT - DESIGNATED WORK OR PROJECT(S) This endorsement, effective 11/1/10 attaches to and forms a part of Policy Number ECC1 01 01 1 366-00 This endorsement changes the Policy Please read it carefully SCHEDULE Name of Person or Organization Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance However, this status exists only for the project specified in that contract In consideration of an additional premium of Applied , and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance FEI-548-ECC-0708 A�o 12® CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(MM/DD/YYYY) AS 11/03/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Sprague Israel Giles HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 11 Fourth Avenue, Suite 2000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW lttle WA 98101-1637 Phone 206-623-7035 Fax:206-682-4993 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A American States Insurance Cc INSURER B National Union Fire Ins Co As ect Consulting, LLC INSURER 17D Madrone Lane North wsuRER D Bainbridge Island WA 98110 INSURER E COVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY NUMBER P LICY EFFECTIVE P LICY EXPIRATION LIMITS TAX YPE Of INSURANCE DATE MMIDDlYVYY I DATE MM/DDlYYYV LIABILITY EACH OCCURRENCE S MERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADEEl OCCUR MED EXP(Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ CY PRO LOC ECT BILE LIABILITY COMBINED SINGLE LIMIT AUTO 01CI1077853 11/01/1011/01/11 (Ea accident) 1,000,000 OWNED AUTOS BODILY INJURYEDULED AUTOS (Per person) $ D AUTOS BODILY INJURY-OWNEDAUTOS (Per accident) $ 0 Ded Comp PROPERTY DAMAGE X $500 Ded Coll (Per aoadent) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 B X OCCUR ❑ CLAIMSMADE BE012733975 11/01/10 11/01/11 AGGREGATE $5,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION - - AND EMPLOYERS'LIABILITY YIN TORY LIM'TS ER ANY PROPRIETOR/PARTNER/EXECUTIVE( EL EACH ACCIDENT $ OFFICEWMEMBER EXCLUDED? (Mandatary in NH) EL DISEASE-E.EMPLOYEE $ If yes describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT 1$ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Contract #090015 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City of Kent REPRESENTATIVES Attn: Nancy Yoshitake AUTHOR ZED REPRESENTATI E 400 West Gowe ent WA 98032 ACORD 25(2009/01) 1988-20091ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) 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 rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2009101) REQUEST FOR MAYOR'S SIGNATURE Please Fill in All Applicable Boxes KENT W ASHINGTON This fora, n7ust be printed on cherry peer Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Kelly Peterson Phone (Originator) 5547 Date Sent: 11/22/10 Date Required: 11/29/10 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/11 VENDOR NAME: Aspect Consulting, LLC DATE OF COUNCIL APPROVAL: 3117/09 Brief Explanation of Document- The attached Amendment No 2 to the Landsburg Mine agreement is necessary to extend the time for completion to December 31, 2011 Additional time is necessary to provide guidance to the City during the development of the Clean-up Action Plan to be issued by the Department of Ecology For further explanation, see the attached from Kelly Peterson All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received: Approval of Law Dept NOV 2 9 Zu10 ."& �iECFiVED Law Dept Comments: P;OV . City of Kent Date Forwarded to Mayor. Shaded Areas to Be Completed by Administration Staff n r r— Received. u u Recommendations & Comments: LZI clot'OF terra Disposition: Date Returned: Iage5870_templatebase • 2/07