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Home My WebLink AboutPK09-195 - Amendment - #3 - Berger/Abam Engineers, Inc. - Lake Fenwick Park Dock Replacement - 09/28/2010KENT WASHtNGToN AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR:BerqerABAM Enqineers CONTRACT NAME & PRO]ECT NUMBER:Lake Fenwick Floating Docks ORIGINAL AGREEMENT DATE June 15, 2OO9 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 September B, 2010 attached and incorporated as Exhibit A. 2. The contract amount and time for performance provisions of Section II 'tTime of Completion," and Section III, "Compensation ," are modified as follows: Original Contract Sum, including applicable WSST $29,70O.OO Net Change by Previous Amendments includ ing applicable WSST $NA Current Contract Amount including all p.revious amendments $29,7OO.OO Current Amendment Sum Time Only Applicable WSST Tax on this Amendment $o.o0 Revised Contract Sum $29,7OO.OO AMENDMENT-1OF2 Original Time for Completion (insert date) July 1, 2009 Revised Time for Completion under prior Amendments (insert date) October L ?OLO Add'l Days Required (+) for this Amendment +18O calendar days Revised Time for Completion (insert date) April Lt ?OLL 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 constiiutes 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: By:tArttld Print Name:ri O zo l,r't lcc n DATE Toto CITY OF KENT: By P I DATE APPROVED AS TO FORM: (applicable if Mayor's signature required) t Law partment Lake Fenwick Docks - BergerABAM Amendment #3 AMENDMENT-2OF2 -rE V)+At\^ Donati, To From: Sent: To: Cc: Subject: Moorehead, Lydia Wednesday, September 08, 2010 12:14 PM 'Klusmeyer, Louis' Donati, Tony RE: NRPA NOTICE: New ADA Regulations lssued! Hi Louis, We will extend the iontract for an additional six months. lt's my hope that this will be an adequate amount of time should we have to change the plans. l'll let you know as soon as I have direction on which design we want to go with. Thanks again for your flexibility! Thanks, Lydia From: Klusmeyer, Louis [mailto:Louis.Klusmeyer@abam'com] Sent: Tuesday, September 07,2010 3:59 PM To: Moorehead, Lydia Subject: RE: NRPA NOTICE: New ADA Regulations Issued! hllin"r" been any progress on the floating walkway project. BergerABAM is happy to hold as long as needed, however, our contract runs out of time a few short weeks from now on October 1,2010. We will most likely need a contract extension to complete this project unless we receive some direction this week. Please let us know how the City would like to proceed. Thanks Louis Louis Klusmeyel Project Manager/Diver Voice 206/357-5619 Cell 205/3s5-0302 Email louis. klusmeyer@abam.com BergerABAM 1301 Fifth Avenue, Suite 1200 Seattle, Washington 98101-2677 http://www,abam.com Notice: This message and/or any attachments are private or privileged' If you are not the person for whom this message is intended, please delete it and notify the sender immediately, Please do not copy or send this message to anyone else. Prior to use of this email message or its attachments, the intended recipient agrees to the terms of use outlined on BergerABAM's intellectual property link at wwr,v'abam.com. Any such use indicates recipient's acceptance of the statements and conditions of permitted use without exception. Please consider the environment when printing this email From: Moorehead, Lydia fmailto:LMoorehead@ci.kent'wa.us] Sent: Friday, August 20, 20L0 4:08 PM To: Klusmeyer, Louis Subject: RE: NRPA NOTICET New ADA Regulations Issued! Hi Lois, KENT ''i ') REQUEST FCIR. MAYOR'S STGNATtf Rffi Please Fill in All Applicable Boxes Routing Inforrnation (ALL REQUESTS MUST FIRST BE ROUTED ThIROUGH THE LAW DEFAR.TMEruT) Brlef Explanatlon of Document: The current contract language with Berger/ABAM Engineers Inc. for consulting and design of the Lake Fenwick raralkway qnd fishing float replacement project includes a date of October 1't, 2010 for completion of services. This project was put on hold so that alternative designs and associated permitting constraints could be identified by staff, prior to final plans being prepared by Berger/ABAM Engineers Inc, Now that the October 1't deadline is approaching, and there is still additional worl< to be completed, we have reached another mutual agreement date to extend the contract 180 days to April 1, 2-010. We recommend authorization of the new date of compleLion as Anrendment #3 to the original ag reem ent, All Contracts Must Be Routed ThrouEh The Law lJepartment Shaded Areas Ta Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: f -74'-79 Date Returned - .14: ! nocn ? il ci;it: Ll t-t IE {G E ll \i f? Itsllt fiTKi:t.jFc1'tY iiKCLiCIiY Oriqinator: Lydia Moorehead Phone (Originator): x5114 Date Required: 10/i/10Date Sent : 9/'2414-0"-" ;1 f ,:,''.i ,ii 1. CSNTR.ACT" T'ERMITATEOIU FrtTE: 10 I 1 / 1-0Return Siqned Document to: -l-ony Donati DATE oF COUNCIL APPROVAL: 6/2/09VE[t DOR ltlAME: BergerABAM Engineers (This area to be complete.d by the Law Department) ..a'tI .: .. '. -:: I -':, .i'I :i -r'; -.' .ri,.,-._\ r--'1.-l i- 'i,'Fl ii :L.;--ri.-.! ! !-t.rsEP g' ? zlilt] lji-lj t!; tlll 4)"*fhuJ-tl,.-'\-- Received: Approval of Law Dept Law Dept. Comments ttiri i._t1iiq;1; Of lIC l\1'l;:.\ir)r Date Forwarded to Mayor \-