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Home My WebLink AboutPW11-153 - Amendment - #1 - Noel, Inc. - Green River Levee Flood & Ecosystem Restoration - 12/20/2011 �T k. £n ecords M � -gemen KENT Document WASHINGTON sag L et rT CONTRACT COVER SHEET a 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: Noel Inc. J Vendor Number: ; 4 JD Edwards Number E Contract Number: ' - 53 This is assigned by City Clerk's Office Project Name: Green River Levee Flood Control and Ecosystem Restoration Projects Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: -.,20- Contract Effective Date: Date of the Mayor's Signature Termination Date: 12/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2012 so the Consultant can continue to provide engineering and environmental services for the projects. 1' S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 I KENIT W^5HiNGTON AMENDMENT NO, 1 NAME OF CONSULTANT OR VENDOR: Noel Inc. CONTRACT NAME & PROJECT NUMBER: Green River Levee Flood Control & Ecosystem Restoration Projects ORIGINAL AGREEMENT DATE: April 4, 2011 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 4 in full force and effect. For valuable consideration and by mutual consent of the parties, d 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 .3 December 31, 2012 so the Consultant can continue to assist with flood protection and ecosystem restoration projects. 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, $22,100.00 Including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $22,100.00 including all previous amendments 9 Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $22,100.00 I a AMENDMENT — 1 OF 2 d Original Time for Completion 4/4/11 (insert date) Revised Time for Completion under 0 prior Amendments (insert date) Add'I Days Required (t) for this 366 calendar days Amendment Revised Time for Completion 12/31/12 (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: By: (signature) �' (signature) Prin Name: ��L [�'/l.Q/tc9'-LG-y Prm Na e• uzette Cooke Its Uw ryr'-1A, Its 'Mayor (title) (title) DATE: 4 1`?Cigmz3F4- /�T7r?r DATE: / APPROVED AS TO FORM: (applicable if Mayor's signature required) Jt �' Law Department Noel Inc-Flood&Ecosystem Restoration 2 Amid 1/Hallock ,4 AMENDMENT - 2 OF 2 i 35 This Spectrum Policy consists of the Declarations, Coverage Forms, Common Policy Conditions and any 24 other Forms and Endorsements issued to be a part of the Policy This insurance is provided by the stock RO insurance company of The Hartford Insurance Group shown below SBM INSURER: HARTFORD CASUALTY INSURANCE COMPANY It HARTFORD PLAZA, HARTFORD, CT 06115 COMPANY CODE 3 !&Policy Number: 65 SBM R02435 DX THE HARTFORD SPECTRUM POLICY DECLARATIONS COPY ,r o Named Insured and Mailing Address: NOEL GILBROUGH M (No, Street,Town, State,Zip Code) M Ln 7359 23RD AVE NW SEATTLE WA 98117 / N USAA #: 100873236 ✓ r+ Policy Period: From 02/01/11 To 02/01/12 1 YEAR H 0 12.01 a m , Standard time at your mailing address shown above Exception: 12 noon in New Hampshire. LO w Name of Agent/Broker: USAA INSURANCE AGENCY INC/PHS zCode: 812846 Ln o Previous Policy Number: 65 SBM R02435 0 H Named Insured is: INDIVIDUAL j Audit Period: NON-AUDITABLE a Type of Property Coverage: NONE _ Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy, we agree with you to provide insurance as stated in this policy TOTAL ANNUAL PREMIUM IS: $425 MP � y _ I - M — Countersigned by 12/20/10 Authorized Representative Date S Form SS 00 02 12 06 Page 001 (CONTINUED ON NEXT PAGE) Process Date: 12/20/10 Policy Expiration Date: 02/01/12 UW COPY SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 65 SBM R02435 Location(s), Buddmg(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below Location: 001 Building: 001 7359 23RD AVE NW SEATTLE WA 98117 Description of Business: ENGINEERS & ENGINEERING SERVICES !I Deductible: NO COVERAGE J i g BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE BUILDING NO COVERAGE BUSINESS PERSONAL PROPERTY REPLACEMENT COST NO COVERAGE d PERSONAL PROPERTY OF OTHERS REPLACEMENT COST No COVERAGE ) MONEY AND SECURITIES 9 INSIDE THE PREMISES NO COVERAGE OUTSIDE THE PREMISES NO COVERAGE 3 1 I I Form SS 00 02 12 06 Page 002 (CONTINUED ON NEXT PAGE) „ry Process Date: 12/20/10 Policy Expiration Date: 02/01/12 SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 65 SBM R02435 BUSINESS LIABILITY LIMITS OF INSURANCE LIABILITY AND MEDICAL EXPENSES $1,000,000 MEDICAL EXPENSES -ANY ONE PERSON $ 10,000 PERSONAL AND ADVERTISING INJURY $1,000,000 DAMAGES TO PREMISES RENTED TO YOU $ 300,000 N ANY ONE PREMISES M AGGREGATE LIMITS PRODUCTS-COMPLETED OPERATIONS $2,000,000 j N GENERAL AGGREGATE $2,000,000 o ; N w EMPLOYMENT PRACTICES LIABILITY 0 COVERAGE: FORM SS 09 01 x % ; o EACH CLAIM LIMIT $ 5,000 0 13 o N DEDUCTIBLE-EACH CLAIM LIMIT NOT APPLICABLE AGGREGATE LIMIT $ 5,000 RETROACTIVE DATE: 02012010 d 1 This Employment Practices Liability Coverage contains claims made coverage Except as may be otherwise provided herein, specified coverages of this insurance are limited generally to liability for injuries for which claims are first made against the insured while the insurance is in force Please read and review the insurance carefully and discuss the coverage with your Hartford Agent or Broker The Limits of Insurance stated in this Declarations will be reduced, and may be completely exhausted, by the payment y of"defense expense" and, in such event, The Company will not be obligated to pay any further"defense expense" or sums which the insured is or may become legally obligated to pay as "damages" BUSINESS LIABILITY OPTIONAL COVERAGES HIRED/NON-OWNED AUTO LIABILITY $1, 000,000 FORM. SS 01 70 a Form SS 00 02 12 06 Page 003 (CONTINUED ON NEXT PAGE) Process Date: 12/20/10 Policy Expiration Date: 02/01/12 SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 65 SBM R02435 ADDITIONAL INSUREDS: THE FOLLOWING ARE ADDITIONAL INSUREDS FOR BUSINESS p LIABILITY COVERAGE IN THIS POLICY. I LOCATION 001 BUILDING 001 TYPE MANAGER LESSOR NAME SEE FORM IH 12 00 i i 1� d Form SS 00 02 12 06 Page 004 (CONTINUED ON NEXT PAGE) Process Date: 12/20/10 Policy Expiration Date: 02/01/12 e� SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 65 SEM R02435 �4 N (V M M Ln i I (V ri ri O M 1 N N O FL' w o ` o 0 H N " Form Numbers of Forms and Endorsements that apply: G-3256-0 SS 00 OS 12 06 SS 00 08 04 05 SS 00 45 12 06 SS 01 28 10 08 SS 01 70 09 09 SS 05 06 04 05 SS 05 47 09 01 SS 50 04 06 04 SS 09 Ol 10 08 SS 09 25 10 08 SS 09 42 07 99 SS 10 04 09 98 SS 50 19 01 08 IH 99 40 04 09 IH 99 41 04 09 SS 83 76 01 08 IH 12 00 11 85 ADDITIONAL INSURED — PERSON—ORGANIZATION ✓ IH 12 00 11 85 ADDITIONAL INSURED — MANAGER/LESSOR 'i Is I� a 1 Form SS 00 02 12 06 Page 005 9 Process Date: 12/20/10 Policy Expiration Date: 02/01/12 POLICY NUMBER: 65 SBM R02435 d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. �I ADDITIONAL INSURED - PERSON-ORGANIZATION f THE CITY OF KENT t k PUBLIC WORKS ENGINEERING 222 FOURTH AVE. SO. KENT WA 98032 { i u r ti t a Form IH 12 00 1185 T SEQ. NO. 003 Printed in U.S.A. Page 001 Process Date: 12/20/10 Expiration Date: 02/01/12 I UW COPY I{ i N i THE HARTFORD Named Insured NOEL GILaROUGH Policy Number 65 SEM R02435 Effective Date 02/01/11 Expiration Date. 02/01/12 d "s N Company Name: USAA INSURANCE AGENCY INC/PHS M M N N THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY M TRADE OR ECONOMIC SANCTIONS ENDORSEMENT N J O a Ln ko o o This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations N prohibit us from providing insurance, including, but not limited to,the payment of claims All other terms and conditions remain unchanged. y 8 Form IH 99 4104 09 Page 1 of 1 POLICYHOLDER NOTICE - WASHINGTON Date: 12/20/10 T Policy Number: 65 SBM R02435 HE r HARTFORD Renewal Date: 02/01/11 1 Your Hartford Agent: USAA INSURANCE AGENCY INC/PHS (888) 242-1430 X3023 NOEL GILBROUGH 7359 23RD AVE NW r SEATTLE WA 98117 (V M Dear Valued Hartford Insured, Ln Your current policy provided by The Hartford will expire shortly The purpose of this notice is to advise you that The s N Hartford would like the opportunity to continue to meet your insurance needs by providing you with a policy for the upcoming o policy term and to provide important information about your policy Ln M N The information set forth above is intended to assist you in making an informed decision regarding your insurance coverage. 0 x Ln A. Policy Premium o The premium for your policy for the upcoming term is indicated below. This premium amount is based on the most 0 current information known to us and may be subject to change based on any additional information you may * provide to your Hartford producer Renewal Premium = $ 425.00 B. Coverage Changes (if applicable) As noted above we want to provide you with coverage for the upcoming policy term and this notice is our offer to do so After our renewal review,we have determined that your renewal policy may provide coverage on a o more limited basis than your present policy If we have made such a determination,the coverage reductions are identified by an(x) below O Increase in Deductible to- Reduction in Limits to O Reduction in Coverage: 1 ( ) Other: You may receive other notices of coverage changes for the upcoming policy term under separate cover Those changes apply in addition to the changes described above For almost 200 years, The Hartford has protected businesses, large and small from all types of losses. Our products and services continue to bring you the benefits of that long experience. Most importantly,with The Hartford you have a company that is there for you when you need us If you have any questions about your policy or about your overall insurance needs, please contact your Hartford producer We look forward to continuing our relationship and fulfilling your insurance needs. Thank you for your business f Form IH 70 5011 05 POLICY NUMBER: 65 SBM R02435 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. DISCLOSURE PURSUANT TO TERRORISM RISK N INSURANCE ACT M ? M i N N SCHEDULE Ln M rr N aTerrorism Premium (Certified Acts): 0 $ $3.00 0 N k 5 � y A. Disclosure Of Premium However, if aggregate insured losses attributable to In accordance with the federal Terrorism Risk certified acts of terrorism under TRIA exceed $100 Insurance Act, as amended (TRIA), we are required billion in a Program Year (January 1 through to provide you with a notice disclosing the portion of December 31), the Treasury shall not make any your premium, if any, attributable to coverage for payment for any portion of the amount of such certified acts of terrorism under TRIA The portion losses that exceeds $100 billion of your premium attributable to such coverage is C. Cap On Insurer Participation In Payment Of shown in the Schedule of this endorsement Terrorism Losses B. Disclosure Of Federal Participation In Payment If aggregate insured losses attributable to certified Of Terrorism Losses acts of terrorism under TRIA exceed $100 billion in The United States Department of the Treasury will a Program Year (January 1 through December 31) pay a share of terrorism losses insured under the and we have met our insurer deductible under TRIA, federal program The federal share equals 85% of we shall not be liable for the payment of any portion that portion of such insured losses that exceeds the of such losses that exceeds $100 billion, and in applicable insurer deductible such case insured losses up to that amount are l subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury D. All other terms and conditions remain the same. Form SS 83 76 0108 Page 1 of 1 ® 2008, The Hartford 3 (Includes copyrighted material of the Insurance Services Office, Inc,with its permission) REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes WASHINGTON KENT This form must be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) ff Originator- Toby Hallock Phone (Originator) 5536 Date Sent Date Required. Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12 VENDOR NAME: Noel Inc DATE OF COUNCIL APPROVAL: 3/15111 Brief Explanation of Document. The attached Amendment No 1 to the Green River Levee Flood Control and Ecosystem Restoration Projects agreement is necessary to extend the time of completion to December 31, 2012 For an explanation why a time extension is necessary, see the attached from Toby Hallock ' All Contracts Must Be Routed Through the Law Department (This Area to be Completed 8y the Law Department) Received: ( h � , Approval of Law Dept.. b 6 f , j DEC 19 2011 V•�• n �, Law Dept. Comments: t t4 `INC � Date Forwarded to Mayor ( (( J� _ ✓ F Shaded Areas to Be Completed by Administration Staff i Received: << �(�\ t- , Recommendations & Comments: v�t'� K-� Disposition: ,) '-�qqy�,/ Date Returned: Iage5870_templatebase • 2/07 IL Ik