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HomeMy WebLinkAboutEC14-339 - Amendment - #1 - Theresa R. Dusek - City of Kent Critical Areas Review - 11/24/2015 Records Ma ® T WASHIIIGTGN � F . CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerics Office. All portions are to be completed. If you have questions, please contact City Cleric's Office. Vendor Name: A Vendor Number: JD Edwards Number Contract Number: ECJL{ — ')6q -- a(JL1 This is assigned by City Clerk's Office Project Name. i s Vi t m VUw G l WASI)h Description: ❑ Interlocal Agreement ❑ Change Order p4Amendment ❑ Contract ❑ Other: AVVW V� Cf),IVAa,Wf N(j. I Contract Effective Date: Termination ®ate: 1()I�t ! 1f4 Contract Renewal Notice (Days): � Number of days required notice for termination or renewal or amendment Contract Manager: Department: Contract Amount: ( Approval Authority: ❑ Department Director Mayor ❑City Council Detail: (i.e. address, location, parcel number, tape id, etc.): III i adccW10877 8 14 KENT AMENDMENT N . 1 NAME OF CONSULTANT OR VENDOR: Theresa R. Dusek CONTRACT NAME & PROJECT NUMBER: Environmental Consulting ORIGINAL AGREEMENT DATE: 2 15 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: Complete the work described in the Amended Scope of Work attached 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, $40,000.00 including applicable WSST - _ ----_ --- ----- Net Change -by Previous Amendments-- $0.00 including applicable WSST - - - - - -- ----- Current Contractt Amount- -- $40,000.00 including all previous amendments Current Amendment Sum $40,000.00 Applicable WSST Tax on this $0.00 Amendment Rev_-ise-d Contra itnactSum _.. --------- ---- - --- $80,000.00 AMENDMENT - 1 OF 2 Original Time for Completion 10/31/2015 (Insert date) Revised Tune for Completion under 10/31/2015 prior Amendments (insert date) Add'I Days Required O for this 365 calendar days Amendment Revised Time for Completion 10/3Y/2016 (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:� (.signature), N !�. (signature) Print Name I ��t_oz�� _ti�_ �)�+;r=k Print'Nare: 6` zetteCooke ___-_ _ Its_ (title) (rule),....- DATE: —� i t DATE: ---- -- APPROVED AS TO FORM: (appflcab e if Mayor's'si/qnature r quN'ed) Kent Law Department AMENDMENT - 2 OF 2 i THERESA R. DUSEK Assessment, Management and Regulatory Permitting 128 Rainbow Lane Packwood,WA, 98361 (253) 861-3355 November 5, 2015 Attn: Brem on Taylor City of Kent Economic and Community Development 220 4u'Avenue South Kent, Washington 98023-5838 RE: Critical Areas Review Consulting for City of Kent Dear Brennon, In response to your request, Theresa R. Dusek, is pleased to submit this scope of services and cost estimate for services supporting the City of Kent Critical Areas Review. This scope of services and cost estimate is based on information provided by you. The following scope of work would be completed as requested by the City of Kent. 1. Review and confirmation of Wetland Delineations. Typically, 8 hours for a five acre or less site at $100 per hour for an estimated cost of$800. 2. Review of Conceptual and Final Mitigation Plans. Typically, 10 to 12 hours at$100 per hour for an estimated cost of$1,000 to$1,200 each. 3. Inspection of initial plantings. Typically, 8 hours for a five acre or less site at $100 per hour for an estimated cost of$800. 4. Inspection, comments and approval of monitoring reports. Typically, 10 to 12 hours at$100.00 per hour for an estimated cost of$1,000 to $1,200. 5. Other consulting services related to the Critical Areas assistance, review and inspection of development permits. i 6. Other consulting services related to environmental code enforcement of violations to KCC 11.06. Depends on the code enforcement issue but initial review, site visit and memorandum related to the potential enforcement action would typically require 8 to 10 hours at$100.00 per hour for an estimated cost of$800 to $1,000. If court time is required the fee would beat $150 per hour. The above scope of work would be completed by Theresa Dusek at the fee of$100 per hour on a time and expense basis(except for court time, as noted in Item 6 above). We understand that the City of Kent contract is on a time and expense,not to exceed $40,000 for 2016. We anticipate that once the City requests a task in writing via letter or email (with supporting documents), work would be started within two working days and would be completed within five to ten working days, depending on the nature of the work. I� 1 HP-2012-10 If you have any questions or would like to discuss this proposal in further detail, please feel free to contact me. This proposal will be valid if executed within 90 days of the date of this letter. We appreciate the opportunity to provide our services to you and look forward to working with you on this project. If you have further questions my cell number is 1-253-861-3355. Sincerely, THERESA R. DUSEK Theresa R. Dusek i Natural Resource Ecologist Enclosures: Agreement for Professional Services PY-12 (7/12) I accept the above conditions and authorize the work to proceed. By F,7P 'd/,) `l l 9 Signature (print) 14 Date ( j( � Organization 2 HP-2012-10 THERESA R. DUSEK j PROFESSIONAL SERVICES AGREEMENT 1. PROFESSIONAL SERVICES Fees for services are based on the time expended on the project,including travel. The fee will be computed by multiplying the number of hours worked by my hourly rate of SI00. When subconsultaus and\m subcontractors are used,the total cost of their services will be marked up 10 percent. I 2. REIMBURSABLE EXPENSES Expenses other than salary costs that are directly attributable to my professional services will be unvoiced at cost plus 10 percent. Examples include but are not limited to expenses for out-of-town travel and living,information processing equipment,instrumentation and field equipment rental,special fees and permits,premiums for additional insurance where required,local mileage and parking,use of rental vehicles,taxi, reproduction,local and out-of-town delivery services,express mail, uudjob related shipping charges and supplies, 3. PAYMENT TO CONSULTANT Invoices will be submitted periodically for prior services. Payment will be due upon receipt of invoice. An account will become delinquent 30 days after date of billing. It is agreed that a late charge will be added to delinquent accounts at the rate of three percent(3%)for each 30 days from the date of billing(provided the rate of such late charge shall not exceed the maximum allowable by the laws of Washington State,and in that case,then the highest legal rate). If you fail to make payment within 30 days of receipt,I may,after giving seven days written notice to you, suspend services. 4. STANDARD OF CAREIABSENCE OF WARRANTIES Theresa R.Dusek agrees that it will perform its services in a mamner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing tinder similar conditions,and in accordance with sound and generally accepted principles consistent with normal consulting practices. Theresa R,Dusek provides professional services,however,and nothing in this contract shall be construed to constitute an express or implied warranty,including(but not limited to)any warramty or merchantability or fitness for a particular use. 5. OTHER PROVISIONS It is agreed that this contract is entered into by partied for the sole benefit of the parties to the contract,and that nothing in the contract shall be construed to create a right or benefit for any third party. It is agreed that no action may be commenced by you against the Theresa R.Dusek on any claim mixing out of Theresa R.Dusek's services tinder this contract,whether based on negligence or breach of contract,more than one year after the date that Theresa R.Dusek has performed services under this contract. Neither party shalt hold the other responsible for damages or delay in performance caused by weather and other acts of nature,strikes,lockouts,accidents,or other events beyond the control of the other or the others agents. This agreement shall be construed pursuant to the laws of the state of Washington. If any provision of this agreement is found to be unenforceable,illegal,or contrary to public policy,the remaining portions of this agreement shall remain in effect and shall be enforceable. One or more wavers by either party of any provision,term,condition,or covenant shall not be construed by the other party and a waiver of a subsequent breach of the same by the other party. If there is a dispute between Theresa R.Dusek and you concerning the performance of any provision in this agreement,the losing party shall pay the prevailing party all reasonable costs incurred in connection with the dispute,including staff time,court costs,attorneys'fees,and other dispute-related expenses. If any other dispute occurs and Theresa R.Dusek provides expert or fact witness testimony arising out of the performance of any provision in this agreement,whether at your request or that of any other party,you will be responsible and pay for all of our reasonable related costs,including staff preparation and testimony time,at the rates stated on page 1. !i Opinions of probable construction cost prepared by us are made on the basis of our experience and qualifications and represent our best judgment as an experienced and qualified professional generally familiar with the industry. IIowever,since we have no control over the cost of labor,materials,equipment,or services furnished by others,or over a contractor's methods of determining prices,or over competitive bidding or market conditions,we cannot and do not guarantee that proposals,bids,or actual construction cost will not vary for opinions of probable construction costs prepared by me. If you wish greater assurance as to probable construction cost,you may employ an independent cost estimator. 6. TERMINATION This agreement may be terminated by either party by seven days'written notice, If this agreement is terminated,it is agreed that I shall be paid for the total charges for labor performed through the termination notice date,plus reimbursable charges,plus reasonable termination expenses to account for our cast of rescheduling,adjustments,and related costs inured due to termination. 7. TOTAL AGREEMENT Our agreement with you,consisting of this Professional Services Agreement,together with our proposal and any exhibits thereto,constitute the entire agreement between Theresa R.Dusek and you and supersedes all prior written or oral understandings. This agreement may he amended, supplemented,modified,or canceled only by a duly executed written instrument. FY 12(7/12) 3 IIP-2012-10 EXHIBIT INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident, 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) i C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. I i Aco®® CERTIFICATE OF LIABILITY INSURANCE °A'E'�"°°"Y'"' 10►0112015 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 '.. BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: tithe cortilicete holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. H 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 @enter rights to the Certificate holder in lieu of such endomeme s. PRODUCER1AV'Or Shelly Rehen American Underwriters BL�263 473-1415 P ` 866 80444B0 ig:&--Ely@arm&.an-underwrlters.com South Tacoma Way shell emerRan-undervJriters.com Tacoma,WA98409 INSURE AFFORDINOCOVERAOE XAlco INSURERA• Rockhall Insurance company INSURED INSURERa: Theresa Dusek a,:::• 128 Rainbow LaneI.E. D: Packwood,WA 98361 INSURERS: INSURER F' COVERAGES CERTIFICATE NUMBER: 00000000-MG3 REVISION NUMBER: 10 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 CONTRACTOR 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. TYPE OF INSURANCE man POuOYNUMBER 6PFIMMMDNYM POUCYEV LAiITB A COMMERMLOMISRALLIAWLETY Y ENVP00675603 1DI0N201B 10101/2016 EACH OCCURRENCE s 1000000 CLAIMS-MADE ®occuR s 50 000 MEDEXP(AnywepywM S 6,000 PERSONAL a ADV INJURY S 1000000 GEN'L AGGREGATE UNIT APPLIES FER: GENERAL AGGREGATE $ 200000 X POLICY❑jECT ❑Lac PRODUCTS-COMP/OPAGG S _. .2.000,000 OTHER S B AUTOMOBIEWIBILT• COMBINEOSINGLE LIMIT S No Cvg ANY AUTO BODILY INJURYJPerpemon) S No Cvg OYMEDAUTOSSCN�ULEO BODILY INJURY IParamdm0 S No CV HIRED AUTOS AUN-OMEOOAMAGE U OS O S No CY S B X UMBRELLAL`Aa OCCUR EACHOCCURRENCE S No CV EXCESSUAD CUUMSAME AGGREGATE S NO CV oN S B WWORNSRSCOWOMAYM X AND EMPLOVERIV LIABSJTY IN UTE ANY PROPRIETORIPARTNERIEXECUIIVE Y❑ X1A E.L.EACHACGDENT S No CV OFFICERIMEMBER EXCLUDEDI (MTTtaaaO�d"In MR) EL DISEASE-EA EMPLOYE S No CV DE5CFiI OFVO TIONS IMIee E.L.DISEASE-POLICY LIMIT $ No CV A Prof liability ENVP00575603 10101/2016 1010112016 Aggregate 1,000,000 A Pollution Llabllity ENVP00576603 10101/2010 101012016 Aggregate 1,000,000 DESCRIPTION OFOPBNTIONS/LOCATIOND IVEHICLEB(A@eRO 101.Addldwwl Ramadw SehaftIN may be amnhod a mm epam Is mqulmd) City of Kent Economic&Community Development Is an additional insured per form CG 2010 07 04,attached. i i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Economic&Community Development ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue South Kent,WA 98032 AUTHortIZEDREPRISENTAms SRR 01OW2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Printed by SRR on October 01,2015 at 02:47PM i POLICY NUMBER:ENVP005756-02 COMMERCIAL GENERAL LIABILr'Y CO 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Or Additional Insured Person(s) Or O anizatlon(s): Location And Description Of Completed Operations Any person or organization for wham you are performing In respect to any location where the named insured is operations when you and such person or organization have performing"your work". agreed in writing in a connect or agreement,affected prior to the date your operations for that person or organization commenced,that such person or organization be added as an additional insured on your policy. Information rectubed to complete this Schedule,9 not shown above,will be shown in the Declarations. Section II•Who Is An Insured is amended to Include as an additional Insured tho person(s)or organization(s)shown in the Schedule.but only with respect to nability for loodily Injury'or'property dam- age'caused,In whole or In part,by"your work"at the location designated and described in the sched. ule of this endorsement performed for that additional Insured and included in the'products•eompleted operations hazard•. CG 20 37 07 04 0 ISO Properties, Inc., 2004 Pagel of i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY OVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART TRANSPORTATION POLLUTION LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY—If required by written contract or agreement,effected prior to the date your operations for that person or organization commenced and named below,such insurance as is afforded by this policy to any additional Insureds under this policy shall be primary Insurance,and any Insurance or self-Insurance maintained by such additional Insured(s)shall not contribute to the Insurance afforded to the named Insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization for whom you are performing operations when you and such person or organization have agreed In writing in a contract or agreement,eNbcted prior to the date your operations for that person or organization commenced,that such person or organization be added as an additional insured on your policy. i RHIC eM(021t2) Includes Copyrighted Material of Insurance Services Office. Inc. Page 1 of 1 with Its permission I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LfABII fTY COVERAGE PART TRANSPORTATION POLLUTION LIABILITY COVERGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations,but only at the specific written request by that person or organization to you,and only if: a.That request is made prior to the date your operations for that person or organization commenced;and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker,or Z A contractor on whose behalfyou are peribnning operations,but only at the specific written request by that person or organization to you,and only it a.That request is made priorto the date your operations forthat person or organization commenced;and b.A Certificate of Insurance evidencing that request has been issued by your authorized Insurance agent or broker. WAIVER OF SUBROGATION—If required by written contract or agreement,we waive any right of recovery we may have against any entity that is an additional Insured shown in the Schedule above per the terms of this endorsement because of payments we make for Irdray or damage arising out of'your work"performed under a contract with that person or organization. All other terns and conditions remain unchanged, RHIC SOSa(O170) Includes Copyrighted Material of Insurance Services Office, Inc. Page 9 of 7 with its permisson i REQUEST FOR MAYOR'S SIGNATURE Please Fill in All Applicable Boxes l Ori inator:, �' ;( c �, ' Phone (originator): pP- Date Sent: t ?[ _z> S Date of Council . roual: Return Date of Approval from Finance: ` Signed Document to: �� t.���d =e,�'�� -i (only required on contracts$10;000 &over or on any Gra j Agreements) Date Required: Date of Approval from Risk Manager: of Vendor Name: Budgeted: YE NO ❑ Budget Fund: k btu® C9.C�tkf�i(7 7 r Brief Explanation of Document: �l:'i i �e r.1} �ZJ✓ 4)e U '��Oby�-d'�.f ✓11--P_-L�..d`.6� �/"L3� All Contracts Must Be Routed Through The Caw Department (This area to be com`peted,¢Y,the Law.•AQpartment) ^A ;" Received: Law Department Approved as to Form: Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: � j Recommendations and Comments: Date Returned. ; i �, G r 9 ram, P.4Iv:ffoim.Nn[umen F o:exxN9YInN 50•el lw A.YNe S,n—I r.Ecv I