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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 / \. ) 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 t-t< dc-s i (/^ Lu+fV - *--.onsfr,^.\I"'r w( agreement. T\*is .or^f.^.,f ;q (This area to be completed by the Law Department) MAy # ? 2010 - t\r ",,,ixi I '.: i;,J;- -..i_-, Ii I ov^itL(z-' ) !' 7L,o Received: Approval of Law Dept. Law Dept. Comments: Date Forwarded to Mayor:l/\IU to Received Recommendations and Comments i,:iJ f i 2ili0 U Disposition E,/tt/t O /) ?b UryClu.L CIN OF KINT ciry clf RK Date Returned ecords M em 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