HomeMy WebLinkAboutPW11-153 - Amendment - #2 - Noel, Inc. - Green River Levee Flood & Ecosystem Restoration - 11/20/2012 Records Marrage'rnent,
KENT Document
WASHIN GTON
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to
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: Noel Inc.
Vendor Number:
ID Edwards Number
Contract Number: owl 1 --1
This is assigned by City Clerk's Office
Project Name: Green River Levee Flood Control & Ecosystem Restoration Projects
Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract
❑ Other:
Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/13
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, 2013 so the Consultant can continue to
provide guidance on projects with the Corps, as well as flood fighting if necessary in
2013.
S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
WnS MINGTON
AMENDMENT NO. 2
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
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:
The scope of work remains the same, however an amendment
is needed to extend the time of completion to December 31,
2013 so the Consultant can continue to provide guidance on
projects with the Corps, as well as flood fighting if necessary in
2013.
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
R
Current Amendment Sum $0
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $22,100.00
AMENDMENT - 1 OF 2
Original Time for Completion 12/31/11
(Insert date)
Revised Time for Completion under 12/31/12
prior Amendments
(Insert date)
Add'I Days Required (f) for this 365 calendar days
Amendment
Revised Time for Completion 12/31/13
(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.
CONSULTANT/VENDOR: CITY OF KE
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By: By:
// (signature) (signature)
Print N'ame: A/UtL ��J� — Prin aiazv
ette Cooke
Its �nL/t4✓� Its or
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DATE: N O tM / GI / JZ— DATE:
APPROVED AS TO FORM:
(appl�ca le if May 's slgna ure required)
i
Kent Law Departme
Noel Inc•Flood&Ecosystem Restoration Amd Z/Hallock
AMENDMENT - 2 OF 2
4
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
HARTFORD PLAZA, HARTFORD, CT 06115
COMPANY CODE 3
Policy Number: 65 SBM R02435 DX THE
HARTFORD
SPECTRUM POLICY DECLARATIONS COPY
o Named Insured and Mailing Address: NOEL GILBROUGH
M (No, Street,Town, State,Zip Code)
M
Ln 7359 23RD AVE NW
SEATTLE WA 98117
USAA #: 100873236
N Policy Period: From 02/01/11 To 02/01/12 1 YEAR
12 01 a m , Standard time at your mailing address shown above Exception: 12 noon in New Hampshire.
Ln
� Name of AgentlBroker: USAA INSURANCE AGENCY INC/PHS
aCode: 812846
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0 Previous Policy Number: 65 SBM R02435
0
0
N Named Insured is: INDIVIDUAL
Audit Period: NON-AUDITABLE
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
rc
Countersigned by 12/20/10
(' = Authorized Representative Date
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
BUSINESS LIABILITY LIMITS OF INSURANCE
LIABILITY AND MEDICAL EXPENSES $1,000,000
i MEDICAL EXPENSES-ANY ONE PERSON $ 10,000
PERSONAL AND ADVERTISING INJURY $1,000,000
DAMAGES TO PREMISES RENTED TO YOU $ 300,000
rq N ANY ONE PREMISES
M
n AGGREGATE LIMITS
PRODUCTS-COMPLETED OPERATIONS $2,000,000
N
GENERAL AGGREGATE $2,000,000
0
N
w EMPLOYMENT PRACTICES LIABILITY
N COVERAGE: FORM SS 09 01
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0 EACH CLAIM LIMIT $ 5,000
0
0
N DEDUCTIBLE-EACH CLAIM LIMIT
NOT APPLICABLE
I�
AGGREGATE LIMIT $ 5,000
RETROACTIVE DATE: 02012010
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
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
B
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
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41 Form Numbers of Forms and Endorsements that apply:
G-3256-0 SS 00 05 12 06 SS 00 08 04 05 SS 00 45 12 06
c 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 01 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
Form SS 00 0212 06 Page 005
Process Date: 12/20/10 Policy Expiration Date: 02/01/12
EA
HARTFORD
Named Insured: NOEL GILBROUGH
Policy Number: 65 SBM R02435
Effective Date: 02/01/11 Expiration Date- 02/01/12
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N Company Name: USAA INSURANCE AGENCY INC/PHS
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rq THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
H
0
M TRADE OR ECONOMIC SANCTIONS ENDORSEMENT
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0
0
0 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.
e
Form IH 99 4104 09 Pagel of 1
Y . h
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
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SCHEDULE
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RTerrorism Premium (Certified Acts):
o $ $3 .00
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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
MOM 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
t3. 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
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
(Includes copyrighted material of the Insurance Services Office, Inc.,with its permission.)
REQUEST FOR MAYOR'S SIGNATURE
�� KENT Please Fill in All Applicable B -es�
/ eviewed by Director
Originator's Name: Toby Hallock Dept/Div. Engineering/Design Extension: 5536
Date Sent: o ,� a Date Required: tr ,)i ,
Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/13
VENDOR: Noel Inc. DATE OF COUNCIL APPROVAL: N/A
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable
Brief Explanation of Document:
The attached Amendment No. 2 is necessary to extend the time of completion to
December 31, 2013 for the Green River Levee Flood Control and Ecosystem Restoration
Projects agreement. Noel Glibrough has provided the City guidance and consultation
through the US Army Corps of Engineers processes for flood protection projects and the
Corps Ecosystem Restoration Projects throughout 2011 and 2012. This guidance will
continue to be necessary as we work with the Corps on projects through 2013. Also,
Noel's experience and knowledge of flood fighting would continue to be available if
necessary during a flood event in 2013. RIECZNIELLN
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received: EIV
t�
Approval of Law Dept.:''
i'tOV � � ZD12
Law Dept. Comments: �;k
Date Forwarded to Mayor: � �-
Shaded Areas To Be Completed By Administration Staff _
I� \ l_
Received:
Recommendations and Comments:
U `
Disposition:.//1Zol/Z-za, �C; r i;Etti
Date Returned: //�