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HomeMy WebLinkAboutPW09-070 - Amendment - #4 - Aspect Consulting, LLC - Landsburg Mine - 07/25/2012 x a Recor s Manageme,n Z�ICF_ 4NT Document WASHINGTON 6f$ ti4 '3 D 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: JD Edwards Number Contract Number: tDwo?- 0 70 This is assigned by City Clerk's Office Project Name: Landsburg Mine Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: 7-a s- Contract Effective Date: Date of the Mayor's signatureTermination Date: 7/31/13 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 time of completion_to July 31, 2013. ____ S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 11/08 KENT Wn nirvoTery AMENDMENT NO. 4 NAME OF CONSULTANT OR VENDOR: AsRect 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 i 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: I No change is necessary to the scope of work, however an amendment is needed to extend the time of completion to July 31, 2013 because the City is waiting for Ecology to issue the Draft Clean-up Action Plan. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: I I Original Contract Sum, $48,617,00 including applicable WSST Net Change by Previous Amendments $50,495.00 including applicable WSST Current Contract Amount $99,112.00 Including all previous amendments , Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $99,112.00 AMENDMENT - 1 OF 2 Original Time for Completion 6/30/10 (insert date) Revised Time for Completion under 7/31112 prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 7/31/13 (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. I CONSULTANT/VENDOR: CITY OF KENT: I By: By: (signature) (signature) Print Name: EinNauzette Cooke Its •/r1�ir Mayor (title) (title) DATE: ���'/�7 DATE: APPROVED AS TO HIM (applicable If Mayor's ignatur quired) 'I I VV1� Kent Law Departme t I Aspect Consulting-tandsburg Mine Amd A/Petemon AMENDMENT - 2 OF 2 i OP ID' SR AC©RO° CERTIFICATE OF LIABILITY INSURANCE DAT 11/04DYYYY) 1104111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED i RESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(les)must be endorsed 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) PRODUCER 206-623-7035 NAMEACT Sprague Israel Giles PHONE FAX 1501 Fourth Avenue,Suite 2000 206.682-4993 A AIC No p IL Seattle,WA 9B101-1637 aoDRESS John Policar PRODUCER ST ,ASPEC-1 c o o INSURERS AFFORDING COVERAGE NAIC 0 INSURED Aspect Consulting,LLC INS URERA Endurance American Specialty 41718 350 Madison Avenue North INSURER B Bainbridge leland,WA 98110 INSURERC INSURER D INSURER E: INSURER F, COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 INITH 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS L S -SRT — I POLICY EFF POLICYEXP INSR TYPE OF INSURANCE POLICY NUMBER MM,DD/YYYY MM/DWYYYY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X CON1MERCIAL GENERAL LIABILITY X ECC101011366-01 11/01/11 11/01N2 PRENU EsrEaoccurrenoel It 5Q00 CLAIMS-MADE a OCCUR MED EXP(Any oneperson) S 5,000 PERSONAL&ADV INJURY It 2,000,000 GENERAL AGGREGATE $ 2,000,000 YL AGGREGATE LIMIT APPLIES PER PRDOUCTS-COMPIOPAGG $ 2,000,000 POLICY PRO LOG $ JEC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea accident) ANY AUTO M! COl ITRACT IS REOIS'ITittRD Aim D'I,v"rfl h A BODILY INJURY(Per person) $ ALL OWNED AUTOS SLrR 11 JS 1,11"I4C C0%FPR4GF I TNT)FR TIC; V`.f lf',h,VI rcor)g BODILY INJURY(Peraccidwt) S 01 11 iE .TATF OF WAS I 11-N 0 TO N, ENACT-n I i911 )7 71,, SCF+EDULEO AUTOS N07 ISSI:D PY A C01mil A'Nl' APGI Lf,fI;ITC n n), ' V,IcHI1Q , I PROPERTY DAMAGE $ (Pef accldant) HIRED AUTOS 3TA76[A)'l1na,lvG`6 COMAd!SSIDNFR Ai�'F I° U07 Pit( 1CC71 $ NON-OWNEDAUTOS IT ANY kASHiPJ'TON STATE OVARAnTI v rIFNT1 l,Al $ t MBRELLA LIAR OCCUR EACH OCCURRENCEXCESS LIAR CLAIMS-MADE AGGREGATE $ EDUCTIBLE $ RETENTION $ $ N WORKERS COMPENSATIO WC BTATU- X OTH- AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNER/EXECUTIVE YIN NIA ECC101011366-01 11101/11 11/01/12 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) WA STOP GAP EL DISEASE-FA EMPLOYEE $ 1,000, Ryes,descrbeunder 1 000 00 DESCRIPTION OF OPERATIONS below E� DISEASE-POLICY LIMIT $ r i A Professional Liab ECC101011366.01 11101,11 11/01/12 Ea Claim 6,000,00 Pollution Lab Total rim 5,000,00 DESCRIPTION OF OPERATIONS i LOCATIONS/VEHICLES (Attach ACORO 101 Additional Remarks Schedule,if more space Is required) 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-319-ECG Insurance is Primary per form FEI-648-ECC attached Contract#090015 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS Attn' Nancy Yoshltake 400 West Gowe AUTHORIZED REPRESENTATIVE Kent,WA 98032 /J ©1988-2009 ACORD CORPORATION All rights reserved. j ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD i Aspect Consulting LLC I AUTOMATIC ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement, effective 11/1111 attaches to and forms a part of Policy Number ECC101011366-01 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; Any/xerson(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. 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-ECO-0708 I Aspect Consufting,LLC I AUTOMATIC PRIMARY AND NON-CONTRIBUTORY INSURANCE ENDORSEMENT- DESIGNATED WORK OR PROJECT(S) This endorsement, effective 11/1/11 attaches to and forms a part of Policy Number ECC101011366-01 This endorsement changes the Policy. Please read it carefully, SCHEDULE Name of Person or Organization: I Any persons) 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 speclfled 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- y contributory to this insurance. M-548-ECC-0708 REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT W FSHIN Gi This farm must be printed are cherry paper vN Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Kelly Peterson Phone (Originator) 5547 Date Sent 7/26/12 Date Required 7/31112 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 7/31/13 VENDOR NAME: Aspect Consulting, LLC DATE OF COUNCIL APPROVAL: 3/17/09 Brief Explanation of Document The attached Amendment No 4 to the Landsburg Mine agreement is necessary to extend the time for completion to July 31, 2013 Additional time is needed because the City is waiting for Ecology to issue the Draft Clean-up Action Plan Please note that Amendment No 3 is due to expire on July 31,2012 All Contracts Must Be Routed Through the Law Department (Thrs Area to be Completed By the Law Department) Received- jn°- IN BLIa 10 8CI410 RECEIVED �014I0 Approval of Law Dept ; Law Dept Comments JUL , 6 2012 -t/, /J �C ENT t � LAW DEPT. Date Forwarded to Mayor ( t Shaded Areas to Be Completed by Adminis o S ` Received: Recommendations & Comments: . r -� - - - �• I �� amity of Kent Disposition: 1 /Z. � f! a 0i the Mayor � e �. Date Returned: Iage5870_templatebase • 2/07