HomeMy WebLinkAboutPK09-195 - Amendment - #1 - Berger/Abam Engineers, Inc. - Lake Fenwick Park Dock Replacement - 07/09/2009)
KENT
WAsHtNcroN
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR:BergerABAM Engineers
CONTRACT NAME & PROJECT NUMBER:Lake Fenwick Floating Docks
ORIGINAL AGREEM ENT DATE :June 15, 2O09
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:
Be allowed a time extension to complete the documents for the Lake
Fenwick floating dock removal and construction at Lake Fenwick Park
in Kent, Washington as described in the consultant's email dated June
18, 2009 attached and incorporated as Exhibit A.
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,
including applicable WSST
$29,7OO.OO
Net Change by Previous Amendments
including applicable WSST
$NA
Current Contract Amount
including all previous amendments
$29,7OO.OO
Current Amendment Sum Time Only
Applicable
Amendment
WSST Tax on this $o.oo
Revised Contract Sum $29,7OO.OO
AMENDMENT-1OF2
Original Time for Completion
(insert date)
July 1, 2OO9
Revised Time for Completion under
prior Amendments
(insert date)
NA
Add'l Days Required (+) for this
Amendment
9O calendar days
Revised Time for Completion
(insert date)
October L,2OOg
In accordance with Section VII of the Agreement, 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
linnltation, claims ;elated to contraet time, eontract 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.
CITY OF KENT:
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APPROVED AS TO FORMI
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Lake Fenwick Docks - BergerABAM Amendment 1
AMENDMENT-2OF2
Donati, Tonv E*h;b,'+ A
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Subject:FW: City of Kent - contract approved for signing
From: Klusmeyer, Louis [mailto:Louis.Klusmeyer@abam.com]
Sent: Thursday, June 18, 2009 3:42PM
To: Lee, Garin
Subject: RE: City of Kent - contract approved for signing
Garin:
We received the contract, signed it and sent it back yesterday. One item we noticed is that the fonvarding letter and
SectionllonthefirstpageofthecontractstatesthatallworkshallbecompletedbyJulyl,200g. lamassumingthatthis
is a typo since our proposed schedule estimates I weeks for completion without including review time, starting when we
receive the survey. I do not think we will need that much time since we are working on the specs in the absence of the
survey. They might have started from the date on the proposal, 3120, or maybe it is intended to be 2010 so that it does
not have to be extended? Either way, we will not be able to complete the work by July 1, less than two weeks from now.
Do we need to go through a contract amendment to clarify this or can we just agree on a schedule and ignore that date?
I did speak with the surveyor last week and we have not yet received the survey. They had not done the soundings at the
edge of the floats when I talked to him and they may be taking the time to add those before fonrvarding the survey to us.
Louis
Louis Klusmeyer
Project Manager/Diver
Voice 206/357-5619
Cell 206/355-0302
Email louis.klusmever@abam.com
BetgerABAM
1301 Fifth Avenue, Suite 1200
Seaftle, Washington 98101-2677
htto://www,abam.com
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