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HomeMy WebLinkAboutPW06-147 - Amendment - #3 - R2 Resource Consultants, Inc. - Habitat Conservation Plan - 12/17/2010 Records Man! - :'agerne-n' ----Ln-%-. KENT h Document WASHINGTON 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: R2 Resource Consultants, Inc. Vendor Number: )D Edwards Number �7 Contract Number: RJ D� - I K / This is assigned by City Clerk's Office Project Name: Clark Springs Habitat Conservation Plan & EIS Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: 3 la-l7-/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.): Extend the completion date to December 31, 2011 to continue to provide assistance to the City with the Habitat Conservation Plan and Environmental Impact Statement. S.Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 O KENT WASHINGTON AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: R2 Resource Consultants, Inc. CONTRACT NAME & PROJECT NUMBER: Clark Springs Habitat Conservation Plan & EIS ORIGINAL AGREEMENT DATE: February 24, 2006 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 assistance to the City with the Habitat Conservation Plan and Environmental Impact Statement. 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, $302,324.11 including applicable WSST Net Change by Previous Amendments $49,663.80 including applicable WSST Current Contract Amount $351,987.91 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $351,987.91 00nsc(,14ary4s shtndar-d (Y2o►l) 6rlbn' rv,4Cs are 04&cti,wl 05 / 124 4-hi-s Amendmenf #3, 0.rw! wIU be eiFe-cft�e fhrv`JA 12/31/ll . 7e�iy11�2 AMENDMENT - 1 OF 2 Original Time for Completion 6/30/08 (insert date) Revised Time for Completion under 12/31/10 prior Amendments (insert date) Addrl 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. h re The parties whose names appear below swear under penalty of perjury that they a p P P P r] 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: B?5e4 ( /gn ture) (slgnature) Print Name: �aw� Pette Cooke Its Vlee, resia I Mayor (title) DATE: p- 4/1 DATE: / 7 APPROVED AS TO FORM: (applicable if Mayor's signature required) K Kent Law Department R2 Rescurm-HCP&EIS Amd 3/Peterson AMENDMENT - 2 OF 2 R2 Resource Consultants,Inc. Standard Rate Schedule -- Y2011 LABOR 2011 CATEGORY LABOR LABOR RATE (Classification) (Employee) (Rate/Hr)* 31 $238.00 30 Dudley Reiser,Ph D $191 00 29 Michael Ramey,P E $170 00 29 Peter Christensen,P E $170 00 29 Michael Loftus,Ph D $170 00 29 Dana Postlewait,P E $170 00 28 Ronald Campbell $160 00 28 Paul DeVnes,Ph D,P E $160.00 28 Phil Hilgert $160 00 28 MaryLoutse Keefe, Ph D $160 00 28 Frank Postlewarte,P E. $160 00 27 Stuart Beck,Ph.D,P E $151 00 27 Allen Danskine,P E $151.00 27 Kevin Fetherston,Ph D $151 00 27 Dan Turner,P E $151 00 26 James Schulz $137 00 26 Joetta Zablotnev $137 00 25 Noble Hendrix, Ph D $121 00 25 Chi-Ming Huang,PhD,P.E $121 00 25 Enc Jeanes $121 00 25 Alan Olson $12100 24 Jody Breckenridge $109 00 24 Jennifer Esteban,P E $109.00 24 Michael Gagner $109.00 23 Glen Anderson,P E $104 00 23 Suzanne Picard,P E $104 00 23 Clair Yoder,P E $104 00 22 Mike Cooksey $88 00 22 Bradley Gochenour $88 00 22 Kenneth McBride $88 00 22 Catherine Morello $88 00 22 Timothy Nightengale $88 00 22 Karee Oliver S88 00 22 Sabnna Panos $88 00 22 Timothy Sullivan $88 00 21 Judith Simon $78 00 20 $7100 9 $8100 8 Loyce Panos $71 00 7 Michelle McLaughlin $60 00 6 Field Technician II $60 00 5 Field Technician 1 $51 00 *Labor rates are effective through December 31,2011 R2 Resource Consultants,Inc. Standard Equipment Rate Schedule, Year 2011 Equipment" Equipment Rate Office GIS/CAD $10 per hour Equipment Co m 're roduction(8 1/2xI 1 b&w) $ 10 per page Usage Co mere roduetton l 1x17 b&w) $20 per page Color Copies(8 1/2x11, 11x17) $1 per page.$1 50 per page Plotter(color) $5 per sq ft Collating/Bmding,Supplies $150 per set Transportation(R2 Company Vehicle): Company Vehicle Mileage $75 per mile Field 35-min camera $5 per day Equipment Video camera $50 per day,$150 per week Usage Computer Projector $100 per day Dissolved Oxygen/Temp Meter $35 per day Current Meter $75 per day Conductivity/pH/Temp Meter $25 per day Turbidity Meter $40 per day Fish Capture Nets(fyke/ ill nets,beach seine) $50 per day Fish Processing Pk $10 per day Surveying Equipment $35 per day Total Station $150 per day, $450 per week Snorkelin Sam lin suit Equipment $40 per day Laptop Computer $100 per week Large Raft, Small Raft $150 per day,$75 per day Large Electrofishin aft $300 per day Backpack Electroshocker $100 per day Shoreline Electroshockin Package $125 per day Small Raft w/VVP Electroshocker $150 per day 19'Boston Whaler $350 per day H drolab-Quanta 4 $100 per day Substrate Sampling Pk $25 per day Stream Temp Recorder $25 per month GPS Unit S10 per day Invertebrate Sampling Pkg S10 per day Habitat Mapping Equipment S10 per day Field Data Recorders S25 per day Laser Rangefinder $15 per day P1 ABSIM(Habitat Survey)Pk $100 per day Dissecting Microscope $5 per day Photo Stereoscope $15 per day "Subsistence transportation and travel costs,and misc expenses shall be billed at a 10%markup Updated 11/11/10 Client#:334174 F12RESCON ACORD» CERTIFICATE OF LIABILITY INSURANCE 07/07//2010 'RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kibble&Prentice,a USI Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O.Box 370 HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Seattle,WA 98111 206 441-6300 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER National Fire Insurance Co.of 20478 R2 Resource Consultants,Inc. INS UHER B U S Specialty Insurance Compa 29599 15250 NE 95TH Street INSURER C Redmond,WA 98052 INSURER D 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 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 INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE MM D DATE fMMOD LIMITS A GENERAL LIABILITY 3011007524 02/01/10 02/01/11 EACH OCCURRENCE _ $1 OOO OOO X COMMERCIAL GENERAL LIABILITY DAMAGE OEaowu e c $1 000.000 CLAIMS MADE a OCCUR MED EXP(Any one person) $1 O 000 PERSONAL&ADV INJURY $1 000,000 GENERAL AGGREGATE $2 000 OOO GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OPAGG $2.000000 ]POLICY 7X PRO-JECT LOC A AUTOMOBILE LIABILITY 3011007538 02/01/10 02/01/11 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per ecadent) $ PROPERTY DAMAGE $ (Per acadent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 3011007524 02/01/10 02/01/11 WC STATITS U- X OTH- EMPLOYERS'LIABILITY ANY PROPRIETORf-AaTNERIEXECUTIVE (WA Stop Gap) E L EACH ACCIDENT $1,000,000 OFFICERMIEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $2 000 O00 B OTHER Professional USS1020621 07/01/10 07/01/11 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTr SPECIAL PROVISIONS Re: Habitat Conservation Plan for the Clark Springs Water Facilities. The City of Kent is named as additional Insured on the General Liability Policy,with respects to operations of the named Insured. Coverage is primary.Other insurance maintained by the certificate holder will not be called upon to contribute. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45._ DAYS WRrrTEN Don Wickstrom, P.E. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 Fourth Ave s IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES AUTHORIZE REPRESENTATI ACORD 25(2001/08)1 of 2 #S4566746/M4566663 MZBJU a ACORD CORPORATION 1988 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 The Certificate of Insurance on the reverse side of this form 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-S(2001108) 2 of 2 #S45%746/M4566663 SB-146968-A CNA (Ed.01/06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE — BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional insured Businessowners Liability Coverage Form is amended does not apply to "bodily injury," "property to include as an insured any person or organization damage," "personal and advertising injury" arising whom you are required to add as an additional insured out of an architect's, engineer's, or surveyor's on this policy under a written contract or written rendering of or failure to render any professional agreement, but the written contract or written services including* agreement must be a. The preparing, approving, or falling to prepare 1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions, term of this policy,and reports, surveys, field orders, change orders 2. Executed prior to the "bodily injury," "property or drawings and specifications by any ng damage,"or"personal and advertising injury" services on engineer project of which you serve as B. The insurance provided to the additional insured is construction manager,or limited as follows b. Inspection, supervision, quality control, 1. That person or organization is an additional engineering or architectural services done by insured solely for liability due to your negligence you on a project of which you serve as specifically resulting from "your work" for the construction manager additional insured which is the subject of the 5. This insurance does not apply to "bodily injury," written contract or written agreement No "property damage," or "personal and advertising coverage applies to liability resulting from the sole injury"arising out of negligence of the additional insured. a. The construction or demolition work while you 2. The Limits of Insurance applicable to the are acting as a construction or demolition additional c insured are those specified in the contractor This exclusion does not apply to written contract this written agreement o i in the work done for or by you at your premises Declarations of this policy, whichever is less These Limits of Insurance are inclusive of,and not C. BUSINESSOWNERS GENERAL LIABILITY in addition to,the Limits of Insurance shown in the CONDITIONS—Duties In The Event of Occurrence, Declarations Offense, Claim or Suit (Section E.2.) of the 3. The coverage provided to the additional insured Businessowners Liability Coverage Form is amended to add the following within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as DEFINITIONS — "Insured Contract" (Section soon as practicable F.9.)within the Businessowners Liability Coverage Form, does not apply to "bodily injury" or"property 1• Give written notice of an occurrence or an offense damage" arising out of the "products-completed to us which may result in a claim or "suit" under operations hazard" unless required by the written this insurance, contract or written agreement SB-146968-A Page 1 of 2 (Ed 01/06) , v SB-146968-A (Ed 01/06) 2. Tender the defense and indemnity of any claim or against that "suit" If no other insurer defends, we "suit" to us for a loss we cover under this will undertake to do so, but we will be entitled to Coverage Part, the additional insured's rights against all those 3. Tender the defense and indemnity of any claim or other insurers "suit" to any other insurer which also has When this insurance is excess over other _ insurance for a loss we cover under this Coverage insurance, we will pay only our share of the Part, and amount of the loss, if any, that exceeds the sum 4. Agree to make available any other insurance Of which the additional insured has for a loss we (a) The total amount that all such other insurance cover under this Coverage Part would pay for the loss in the absence of this We have no duty to defend or indemnify an additional insurance, and insured under this endorsement until we receive (b) The total of all deductible and self-insured written notice of a claim or "suit" from the additional amounts under all that other insurance insured We will share the remaining loss, if any, with any D. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this Businessowners Common Policy Conditions are Excess Insurance provision and was not bought deleted and replaced with the following specifically to apply in excess of the Limits of 2. This insurance is excess over any other insurance Insurance shown in the Declarations of this Coverage Part. naming the additional insured as an insured whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST other basis unless a written contract or written OTHERS TO US (Section K.2.) of the agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted be either primary or primary and noncontributing and replaced with the following to the additional insured's own coverage This insurance is excess over any other insurance to 2• We waive any right of recovery we may have which the additional insured has been added as against any person or organization against whom you an additional insured by endorsement have agreed to waive such right of recovery in a written contract or agreement because of payments 3. When this insurance is excess, we will have no we make for injury or damage arising out of your duty under Coverages A or B to defend the ongoing operations or "your work" done under a additional insured against any "suit" if any other contract with that person or organization and included insurer has a duty to defend the additional insured within the"products-completed operations hazard" SB-146968-A Page 2 of 2 (Ed 01/06) REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENO W I.SHIf,GTON This form must be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Kelly Peterson Phone (Originator) 5547 Date Sent 12/14/10 Date Required 12/21/10 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/11 VENDOR NAME: R2 Resource Consultants, Inc. DATE OF COUNCIL APPROVAL: 2/21106 Brief Explanation of Document The attached Amendment No 3 to the Clark Springs Habitat Conservation Plan and EIS agreement is necessary to extend the time for completion to December 31, 2011 Additional time is necessary so R2 Resource can continue to provide assistance to the City with the Habitat Conservation Plan and EIS for the project For further explanation, see the attached from Kelly Peterson RECEIVED All Contracts Must Be Routed Through the Law Department DEC 1 (This Area to be Completed By the Law Department) City of Kent Received: f`i of the Mayor Approval of Law Dept : DEC 14 Z�l� Law Dept Comments V Date Forwarded to Mayor: / U C� ��Shaded Areas to Be Completed b Staff Administration Sta Received: (( � U �� ✓ Recommendations & Comments: V Disposition- Date Returned. Ia&56702emplatebase • 2/07