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Home My WebLink AboutPW09-070 - Amendment - #5 - Aspect Consulting, LLC - Landsburg Mine - 07/29/2013 F Records Mar- gement KENT t } WASHINOTON Documen I 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 Contract Number: Ptt) 09-Q`70 This is assigned by City Clerk's Office Project Name: Landsburg Mine Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: 7-,49- i 3 Contract Effective Date: Date of the Mayor's signatureTermination Date: 12/31/14 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 December 31, 2014 because we are waiting for WA Department of Ecology to issue the Draft Clean-up Action Plan. S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 E KENT WASHINGTON AMENDMENT NO. 5 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: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2014 because we are waiting for WA Department of 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: Original Contract Sum, $48,617.00 Including applicable WSST Net Change by Previous Amendments $50,495.00 ; mcluding 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 4 Original Time for Completion 6/30/10 (insert date) Revised Time for Completion under 7/31/13 prior Amendments (Insert date) Add'I Days Required (t) for this 518 calendar days Amendment Revised Time for Completion 12/31/14 (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. CONSULTAN /VENDOR: CITY OF KENT: By: By: S sl nature (s/gnature) Print Name: ��•r4j P int N uzette Cooke Its Pal-`ihI'r I Mayor (title) t!e) DATE:- DATE: APPROVED AS TO FORM: rappbcab! lP:r's signature required) VV�� Kent Law Department Aspect Consulting-Landsburg Mine Amd 5/Peterson AMENDMENT - 2 OF 2 OP ID SR ,a�oRO" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7 0/31112 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 E W THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED R ESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 Phone.206-623-7035 NAMEAC7 Sprague Israel Giles PHONE FAX 1501 Fourth Avenue,Suite 730 Fax:206-682-4993 (AIC No E# A/c No Seattle,WA 98101-3225 E-MAIL ADDRESS John M.Policar PRODUCER ASPEC-1 CUSTOMERID# INSURER(S)AFFORDING COVERAGE NAIC N INSURED Aspect Consulting,LLC INSURERA Admiral Ins.Co. 24856 350 Madison Avenue North INSURER B Bainbridge Island,WA 98110 INSURER C 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 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL VBD I POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDD/YYYY MM/DDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X COMMERCIAL GENERAL LIABILITY X FEI-ECC-10860-00 11101/12 11101113 DAMAGE TO RENTED PREMISES Ea occurrence $ 50,00 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 i POLICY PR0- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident)ANY AUTO ,J I. ,-/..i- t - "` BODILY INJURY(Per person) $ ALL OWNED AUTOS j 'w 4 S T. C r il, � *'fi - =� ;}� '•" BODILY INJURY(Per accident) SCHEDULED AUTOS $ PROPERTY DAMAGE HIRED AUTOS f �- _? _ t�r,i. �I,)i 11, (Peraccident) $ NON-OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU OTH- AND EMPLOYERS'LIABILITY TORY LIMIT- X ER A ANYPROPRETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUOEDI NIA FEI-ECC-10860-00 11/01/12 11/01/13 EL EACH ACCIDENT Is 1,000,000 El (Mandatory in NH) WA STOP GAP EL DISEASE-EA EMPLOYEEI$ 1,000,000 Ifyes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liab FEI-ECC-1086D-00 11/01/12 11/01113 Ea Claim 5,000,000 Pollution II Total Clm 5,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) he City of Kent 3.s add3.tional insured with respects liab3.13-ty arising out If operations by or on behalf of the Named Insured for General Liability per orm ECC-319-0712. Insurance xs Primary per form ECC-548-0712 attached :ontract #090015 -ERTIFICATE 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 Yoshitake 400 West Gowe AUTHORIZED REPRESENTATIVE Kent, WA 98032 �— ©1988-2009 ACORD CORPORATION. All rights reserved XCORD 25(2009109) The ACORD name and logo are registered marks of ACORD OP ID:SR '`�►'coRfl CERTIFICATE OF LIABILITY INSURANCE F DAT 10131 DYYYT) 0/31/12 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 F `W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED R :ESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT' If the certificate holder is an ADDITIONAL INSURED,the policy(ies) 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) NT PRODUCER Phone:206-623-7035 NAMEACT Sprague Israel Giles PHONE I FAX 1501 Fourth Avenue,Suite 730 Fax:206-682-4993 C No ExitA/C No Seattle,WA 98101.3225 E-MAIL ADDRE John M.Policar PRODUCER CUSTOMER ID# ASPEC-1 INSURERS AFFORDING COVERAGE NAIC# INSURED Aspect Consulting,LLC INSURER American States Insurance Co. 19074 350 Madison Avenue North INSURERS National Union Fire Ins. Co. 32298 Bainbridge Island,WA 98110 INSURER C 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 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NSR TYPE OF INSURANCE ADDL UBR POLICY NUMBER MMIDDYY uurPOLICY EFF nn Y1'YYCY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY AMA ETOR NTED PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ 'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP(OP AGG $ POLICY PRO- LOG $ AUTOMOBILE LIABILITY OMWNeDt)INGLE LIMIT $ 1,000,00 k X ANY ALTO 01CI1077855 11/01N2 11/01/13 BODILY INJURY(Per person( $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIREDAUTOS (Per accident) $ X NON-ONINEDAUTOS Comp Ded $ 50 Coll Ded $ 50 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 j( EXCESS LIAB CLAIMS-MADE AGGREGATE $ 6,000,00 I BE014260470 11/01l12 11101/13 DEDUCTIBLE $ RETENTION $ I$ WORKERS COMPENSATION WC STATU OTH- AND EMPLOYERS'LIABILITY YIN TO YLIMIT3 ER ANY PROPREBER EXCLUDED? E L EACH ACCIDENT $ OFFICERlMEh"BER EXCLUDED ❑ NIA (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-r'OLICY LIMIT I$ SORPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) ntract #090015 - Landshurg Mire Site RTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent 4CCORDANCE WITH THE POLICY PROVISIONS Attn: Nancy Yoshitake AUTHORIZED REPRESENTATIVE 400 West Gowe �'�^ Kent, WA 98032 C� t aA_A_ v — --- 9)1988-2009 ACORD CORPORATION All rights reserved, ORD 25(2009109) The ACORD name and logo are registered marks of ACORD Endorsement Number «endorsementNumberu AUTOMATIC PRIMARY AND NON-CONTRIBUTORY INSURANCE ENDORSEMENT - DESIGNATED WORK OR PROJECT(S) This endorsement, effective 11-1-12 attaches to and forms a part of Policy Number FEI-ECC-10860-00 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 ECC-548-0712 Endorsement Number AUTOMATIC ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement, effective 11-1-12 attaches to and forms a part of Policy Number FEI-ECC-10860-00 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 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 ECC-319-0712 REQUEST FOR MAYOR'S SIGNATURE l `� KENT Please Fill in All Applicable Boxes / Rd by Director Originator's Name: Kelly Peterson Dept/Div. Engineering/Envyronmental Extension: 5547 Date Sent: Date Required: g r i Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: Aspect Consulting, LLC DATE OF COUNCIL APPROVAL: N/A ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 5 is necessary to extend the time of completion to December 31, 2014 for the Landsburg Mine Agreement because the city is waiting for WA Department of Ecology to issue the Draft Clean-up Action Plan. R E1� D - g ,�U- ice Ul All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) 4 Received: '` �� `G=ate-z�� ,� ` -� Approval of Law Dept.: JUL 2 ,9 20}Law Dept. Comments: . Date Forwarded to Mayor: iL Shaded Areas To Be Completed By Administration Staff CF Received: BE Recommendations and Comments: 2 9 2613 u CCrY oP KEN7 Disposition: / _ GI-VYCLERK Date Returned: