Loading...
HomeMy WebLinkAboutPW14-105 - Amendment - #1 - Aspect Consulting, LLC - Landsburg Mine Technical & Regulatory Consultation - 03/03/2015 M a'4 3� Records Mana eme�ftta h S W.sH KHorON EN Document x T 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 i Vendor Number: JD Edwards Number Contract Number: I17mq - to This is assigned by City Clerk's Office Project Name: Landsburg Mine Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment i Contract Manager: Kelly Peterson Department: Engineering Contract Amount: $t.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2016 due to time constraints beyond staff or consultant's control. Currently waiting for WA DOH to complete an Environmental Health Assessment, then Ecology will need to issue the Clean-up Action Plan. As of: 08/27/14 I KENT AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Aspect Consulting, LLC CONTRACT NAME & PROJECT NUMBER: Landsburg Mine ORIGINAL AGREEMENT DATE: April 16, 2014 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, 2016 due to time constraints beyond staff or consultant's control. Currently waiting for WA DOH to complete an Environmental Health Assessment, then Ecology will need to issue the 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 Original Contract Sum, $12,690.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $12,690.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $12,690.00 AMENDMENT - 1 OF 2 Original Time for Completion 3/31/15 (insert date) Revised Time for Completion under u/a prior Amendments (insert date) Add'I Days Required (f) for this 641 calendar days Amendment Revised Time for Completion 12/31/16 (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: r.:, By: sign re) ^� 1 (signature) Print Name: S��@ drvN1.44 Prir)t Nam : Suzette Cooke Its Mayor tie) 313 Z 1 (9'tie)�...� DATE:/ DATE: 31 3 APPROVED AS TO'FORM: (appllcablq if Mayor's signa�{Ce required) 'y Kent Law DepartmEnt Aspect consultIng-Landsburg Mine Amd VPeterson AMENDMENT - 2 OF 2 i OP ID:SIR AID ®+ CERTIFICATE OF LIABILITY INSURANCE 1 DATE 1 /3 I0130014114 Y) —lIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ( 2TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ucLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE 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 endorsemont(s). !, PRODUCER Phone: 206-623-7035 CONTACT NAME: Sprague Israel Giles PHONEFAX 1501 Fourth Avenue,Suite 730 Fax: 206-682.4993 q/c Ne Ext_ _.-__ AID No Seattle,WA 98101-3225 E-MAIL John M. Policar ADDRESS' PRODUCER - SPEC-1 CUSTOMERID_ A A INSURER(S)AFFORDING COVERAGE ,. . NAIC® INSURED Aspect Consulting,LLC INSURER_A:Admiral Ins.Co. 24856 350 Madison Avenue North American States Insurance Co. INSURER O: 19704 _ Bainbridge Island,WA 98110 -INSURER C:National union Fhei6a.co. 19445 INSURERO: _.. _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. FN—S -- -DDL UDR POLICY EFF POLIC EXP LTa TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MMIDDIYYVY MITS GENERALLIABILITY EACH OCCURRENCE $ 2,000,000 FEI-ECC�1006002 11l01N4 11/01115 DAD 50,000 A X COMMERCIAL GENERAL LIABILITY X PREMISES ESOccUmmCr) 5 CLAIMS-MADE 1XI OCCUR MED EXP(Anyme person) $ 5,000 NON ADMITTED PERSONAL 8 ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 3EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000,000 POLICY PRO LOC S AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT 5 1,000,000 (Ea accident) B X ANY AUTO OJCIJ07785.7 11/01/14 11101/15 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) 6 SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) S X NON OWNEDAUTOS Comp_Ded s _ 50 Coll Ded $ 50 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ -- 5,000,000 X EXCESS LIAB C LAIMS-MADE AGGREGATE --- 5,000,000 C DEDUCTBLE $ RETENTION $ WORKERS COMPENSATION WC STATU- X DER-_TORY I S AND EMPLOYERS'LIABILITY 12000,000 A ANY YIN FEI-ECC-10660.02 11/01114 11l01I15 C.L.EACH ACCIDENT _ 5 OFFICER/MEMBER EXCLUDEOP NIA EJ WA STOP GAP E.L.DISEASE-EA EMPLOYE $ 12000,000 (Mandatory In NH) Ifyes,descdbeunder E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below A Professional Liab FEI-ECC-10060-02 11101114 11/01115 Ea Claim 5,000,000 Pollution Liab NON ADMITTED Total Chat 5,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City of Kent is additional insured with respects General & Auto Liabilityy pper forma ECC-319-0712 & CA7110. Insurance is Primary per form ECC-548.0712 attached, subject—to—a wrrtter ntract being in force- — Contract #090015 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent Attn: Nancy Yoshitake AUTHORIZED REPRESENTATIVE 400 West Gowe Kent,WA 98032 ©1988-2009 ACORD CORPORATION. All rights reserved, ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD ""REPRINTEOFROM THE ARCHIVE.THE ORIGINAL TRANSACTION MAY INCLUOEAODITIONAL FORMS "" Policy #01—CI-107785-6 insurance COMMERCIAL AUTO ' CA 71 10 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. i EXTENDED CANCELLATION CONDITION BLANKET ADDITIONAL INSURED Paragraph 2.b. of the CANCELLATION Common SECTION 11 — LIABILITY COVERAGE — A.I. WHO Policy Condition Is replaced by the following: IS AN INSURED provision Is amended by the addition of the following: b. 60 days before the effective date of cancellation If we cancel for any other reason. e. Any person or organization for whom you are re- quired by an 'Insured contract" to provide insur- TEMPORARY SUBSTITUTE AUTO — PHYSICAL ance is an "Insured", subject to the following DAMAGE COVERAGE additional provislons: C. — CERTAIN TRAILERS, MO- (1) The "insured contract" must be in effect Under paragraph during the policy period shown in the Decla- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE rations, and must have been executed prior AUTOS of SECTION 1 — COVERED AUTOS, the to the "bodily Injury" or "property damage". following is added: (2) This person or organization is an "insured" If Physical Damage coverage is provided by this Cov- only to the extent you are liable due to your erage Form, then you have coverage for: ongoing operations for that Insured, whether the work Is performed by you or for you, and Any "auto" you do not own while used with the per- only to the extent you are held liable for an mission of Its owner as a temporary substitute for a "accident" occurring while a covered "auto" covered "auto" you own that Is out of service be- is being driven by you or one of your em- cause of Its breakdown, repair, servicing, "loss" or ployees. destruction. (3) There is no coverage provided to this person or organization for "bodily injury" to its em- BROAD FORM NAMED INSURED ployees, nor for "property damage" to its property. SECTION 11 — LIABILITY COVERAGE — A.I. WHO 9 Coverage for this person or organization IS AN INSURED provision is amended by the addition ( ) shall be limited to the extent of your negli- of the following: gence or fault according to the applicable d. Any business entity newly acquired or formed by principles of comparative negligence or fault. you during the policy period provided you own (5) The defense of any claim or "suit" must be 50% or more of the business entity and the tendered by this person or organization as business entity Is not separately Insured for soon as practicable to all other insurers Business Auto Coverage. Coverage Is extended which potentially provide Insurance for such up to a maximum of 130 days following acquisk claimer "suit". lion or formation of the business entity. Coverage — — under this provision is afforded only until the end of the policy period. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Seleoo and the Sefaca No are Ieptered hadM*8 of WOOD Calporell CA 71 10 03 07 Page 1 of 6 EP REPRI14TEDFROM THE ARCHIVE. ❑IE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS """ c. The market value of your damaged vehicle, a. Actual cash value of the damaged or stolen not including any furnishings, parts or equip- property as of the time of the "loss", less an ment not installed by the manufacturer or adjustment for depreciation and physical manufacturer's dealership. condition; or This coverage applies only to a covered "auto" b. Balance due under the terms of the loan or of the private passenger, light truck or medium lease that the damaged covered "auto" Is truck type (20,000 Ibs or less gross vehicle subject to at the time of the "loss", less any weight) and does not apply to initiation or set up one or all of the following adjustments: costs associated with loans or leases. (1) Overdue payment and financial TWO OR MORE DEDUCTIBLES penalties associated with those payments as of the date of the "loss". Under SECTION III — PHYSICAL DAMAGE COV- ERAGE, if two or more "company" policies or cover- (2) Financial penalties imposed under a age forms apply to the same accident, the following lease due to high mileage, exces- applies to paragraph D. Deductible: sive use or abnormal wear and tear. a. If the applicable Business Auto deduct- (3) Costs for extended warranties, Cre- ible is the smaller (or smallest) deduct- dit Life Insurance, Health, Accident ible it will be waived; or or Disability Insurance purchased with the loan or lease. b. If the applicable Business Auto deduct- ible is not the smaller (or smallest) de- (4) Transfer or rollover balances from ductible it will be reduced by the amount previous loans or leases, of the smaller (or smallest) deductible; (5) Final payment due under a 'Balloon or Loan". c. If the loss involves two or more Busi- (6) The dollar amount of any ness Auto coverage forms or policies un-repalred damage that occurred the smaller (or smallest) deductible will prior to the "total loss" of a covered be waived. "auto". For the purpose of this endorsement (7) Security deposits not refunded by a "company" means: lessor. a. Safeco Insurance Company of America (8) All refunds payable or paid to you b. American States Insurance Company as a result of the early termination of a lease agreement or any war- c. General Insurance Company of America ranty or.extended service agree- d. American Economy Insurance Company ment on a covered "auto". e. First National Insurance Company of (9) Any amount representing taxes. America (10) Loan or lease termination fees f. American States Insurance Company of Texas GLASS REPAIR —WAIVER OF DEDUCTIBLE g. American States Preferred insurance Under paragraph D. — DEDUCTIBLE of SECTION III Company _ PHYSICAL DAMAGE COVERAGE, the following is h. Safeco Insurance Company of Illinois added: LOAN/LEASE GAP COVERAGE No deductible applies to glass damage if the glass Is repaired rather than replaced. Under paragraph C — LIMIT OF INSURANCE of - DENT, CLAIM, SUIT IN LOSS SECTION III — PHYSICAL DAMAGE COVERAGE, AMENDED DUTIES IN—THErtVENT OF AC( I• the following Is added. 4. The most vie will pay for a total "loss" In any one The requirement in LOSS CONDITION 2.a. — "accident" is the greater of the following, subject DUTIES IN THE EVENT OF ACCIDENT, CLAIM, to a $1,500 maximum limit: SUIT OR LOSS — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an EP CA 71 10 03 07 Page 3 of 6 ••••REPRINTED FROM THE ARCHIVE,THE ORIGINAL TRANSACTION MAY INCLUDE AOOn1ONAL FORMS •'^ return or replace damaged or stolen property . SECTION V — DEFINITIONS is amended by adding will be reduced by a $100 deductible. the following: 4. In the event that there is more than one ap- O. 'Personal effects" means your tangible plicable deductible, only the highest deduct- property that is worn or carried by you, ex- ible will apply. In no event will more than one cept for tools, jewelry, money, or securities. deductible apply. R. "New vehicle" means any "auto" of which you are the odgine( owner and the "auto" has not been previously titled and Is less than 365 days past the purchase date. r I 1 I Page 6 of 6 REQUEST FOR MAYOR'S SIGNATURE �T Please Fill in All Applicable Boxes r �ieviewed b�Director Originator's Name: Kell] Peterson Dept/Div. Engineering Extension: 5547 Date Sent: 3/ Date Required: 3/9tCb Return to. Nancy Yoshitake CONTRACT "TERMINATION DATE: 12/31/16 VENDOR: Aspect Consulti q_ 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. 1 is needed to extend the time of completion to December 31, 2016 due to time constraints beyond staff or consultant's control. Currently waiting for WA DOH to complete an Environmental Health Assessment, then Ecology will need to issue the Clean-up Action Plan. All Contracts Must Be Routed Through:The Law Department I , (This area to be completed by the Law Department) Received: ' Approval of Law Dept.: t Law Dept.,Comments: i i S^elf tS rg .e,. I" , li Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: _.. _. ` , I Recommendations and Comments: I Disposition._,��=5%f%�- '��''�""�� `�^ ✓ C-y yGx"i2. n`Z-`Y.3% s' ;%#N�Zv`- C?'-f r'/ •'r` s� t,x,� „'S �,I­;n Mayor Date Returned: u