HomeMy WebLinkAboutPK09-195 - Amendment - #2 - Berger/Abam Engineers, Inc. - Lake Fenwick Park Dock Replacement - 05/11/2010KE T
AMENDMENT NO. 2 AND RATIFICATION OF
CONSULTANT SERVICES AGREEM ENT
(between City of Kent and BergerAbam, Inc.)
THIS AMENDMENT NO. 2 AND RATIFICATION OF CONSULTANT SERVICES
AGREEMENT ("Amendment No. 2") is made between the CITY OF KENT, a Washington
municipal corporation ("City"), and BERGERABAM, INC., a Washington corporation
("Consultant").
I. RECITALS
1.1 City entered into a Consultant Services Agreement ("Agreement") with
ConsultantonJune L5,2OO9, whereintheCityagreedtocontractwithConsultantfor
its consultation services with respect to the Lake Fenwick floating dock replacement
project ("Project"). The time of Consultant's performance under the Agreement was
extended through October 1, 2009, through the parties execution of Amendment No. 1
on July 9,2009.
L.2 After executing the Agreement and Amendment No. 1, budget constraints
forced the City to reprioritize its projects and this Project was ternporarily'put on hold.
Although the City is now ready to begin work again on th'e Projett,'its contract with
Consultant has since expired.
1.3 The parties acknowledge that the Agreement terminated by its own terms
on October L,2OO9. However, the City and Consultant express their mutual intent and
desire to reinstate the Agreement and extend its term through October L,2OLO. In
addition, the parties wish to ratify and affirm any and all acts consistent with the
authority of the Agreement and Amendment No. 1 and prior to the effective date of this
Amendment No. 2.
II. AMENDMENT
NOW THEREFORE, in consideration of the mutual intent, desire, and promises of
the parties and other good and valuable consideration, City and Consultant agree as
follows:
2.L Agreement - Reinstated. The Agreement, which terminated by its own
terms on October L, 2009, is hereby ratified, renewed, and reinstated. The term of the
Agreement is hereby extended through October 1, 2010. All acts consistent with the
authority of the Agreement and Amendment No. 1, and prior to the effective date of
this Amendment No. 2, are hereby ratified and affirmed, and the terms of the
Agreement, Amendment No. 1, and this Amendment No. 2 shall be deemed to have
applied.
2.2 Waiver. The Consultant accepts all requirements of this Amendment No. 2
by signing below, by its signature waives any protest or claim it may have regarding
AMENDMENT NO. 2 AND RATIFICATION OF
CONSULTANT SERVICES AGREEMENT. 1
(btwn. City of Kent and BergerAbam, Inc.)
this Amendment No. 2, and acknowledges and accepts that this Amendment No' 2
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 oi home office overhead, or lost profits. The Consultant specifically waives, and
releases the City from, all claims the Consultant may have regarding the work
completed under the Agreement and Amendment No. 1, and any claims for delay
related to the lapse and reinstatement of the Agreement.
2.3 Remaining Provisions. Except as specifically amended by this Amendment
No. 2, all remaining provisions of the Agreement and Amendment No. t shall remain in
full force and effect.
IN WITNESS, the parties have executed this Amendment, which shall become
effective on the last date executed below.
BERGERABAM, INC.:CITY OF KENT:
By:
Print Name:E , Ozoltn a : Suzette ke
Title:c
Date: I a A ril to
APPROVED AS TO FORM:
C of Ken Law Department
ATTEST:
Brenda Ja ty Clerk
Lake Fenwick Dock Replacement - Beroer Abam Engineers 4-7-10
AMENDMENT NO. 2 AND RATIFICATION OF
CONSULTANT SERVICES AGREEMENT - 2
(btwn. City of Kent and BergerAbam, Inc')
By
By
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REQUEST FOR MAYOR'S STGNATURE
Please fill in all applicable boxes
KENT
WA5HINGTOts
Routing Information (ALL REQUESTS MIJST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
^*
'u^ q*t?'l All Contracts Must Be Routed Through The Law Depaftment
Shaded Areas To Be Completed By Administration Staff
Oriqinator: Brian Levenhagen Phone:5116
Date Sent:C L Date Required: 4/29/20L0
Return Sig ned Document to: Tt-rrr bcr.-r.{-t COI{TRACT TER.MINATION DATE: t0/ L/09
VENDOR NAME: Berger/Abam DATE OF COUNCIL APPROVAL: (CI I il 0(1
Brief Explanation of Document:
The current contract language with Berger/ABAM Engineers Inc. for consulting and
design of the Lake Fenwick walkway and fishing float replacenrent project represents a date of
October 1't, 2009 for completion of services. This project was put on hold last year due to
budget constraints. We now feel that we should move forward with completing this project
since construction documents are already over 600lo complete, We have reached a mutually
agreeable date of October 1't, 2010 for completion of services with Berger/Abam. We
recommend authorization of the new date of completion as Amendment #2 to the original
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agreement.
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(This area to be completed by the Law Department)
MAy # ? 2010
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Received:
Approval of Law Dept.
Law Dept. Comments:
Date Forwarded to Mayor:l/\IU to
Received
Recommendations and Comments
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Disposition E,/tt/t O /)
?b UryClu.L CIN OF KINT
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Date Returned
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KENT
WA 5 H I N G T o N Documen
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: Be e ABAM En ineers
Vendor Number:
JD Edwards Number
Contract Number: PK09-195
This is assigned by City Clerk's Office
Proj ect Name: Lake Fenwick Floati Docks
Description: tr Interlocal Agreement ! Change Order X Amendment E Contract
[] Other:
Contract Effective Dater 9/28/20L0 Termination Date= 4/Ll2OIL
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: L Moorehead Depa rtment: PARKS
Detail: (i.e, address, location, parcel number, tax id, etc,)l
S : Public\RecordsManagement\Forms\Contractcover\adcc7B32 | 1,I / 0B