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HomeMy WebLinkAboutPW11-026 - Amendment - #2 - ESA Adolfson, Inc. - National Flood Insurance Program Biological Opinion Compliance - 06/20/2012ecords M em KENT DocumenWA9HINGToI CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All pb'rtions are to be completed. If you have questions, please contact city clerk's office. Vendor Name: ESA Adolfson Inc. Vendor Number: JD Edwards Number Contract Numberu Qt"lt t -NA,L This is assigned by City Clerk's Office Project Name:Biolooical inion Co moliance Description: n Interlocal Agreement tr Other: Contract Effective Date: o"ru "kf,* n Change Order X Amendment I Contract o- l"&" Mavorls siqnatureTermination Date: 1 3 L2 Contfact Renewal Notice (DaYs): Number of days required notice for termination or renewal or amendment Contract Manager: Beth Tan Departmentl Eng ineerinq location, parcel number, tax id, etc'):Detail: (i.e. address' Extend the time of com ol et ion to t2/3L/L2 becau se staff is waitinq o n FEMA to orovide feedback on our proposal or to approve the plan as it exists. 5: Public\RecordsManagement\Forms\ContractCover\adcc7832 | 11/08 KENT WA s H r N o r o N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: CONTRACT NAME & PROJECT NUMBER ORIGINAL AGREEMENT DATE : ESA Adolfson, Inc. Biological Ooinion ComPliance December 17' 2O1O 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: No change is necessary to the scope of work, however an amendment is needed to extend the time of completion to December 3L, 2OL2 because we are waiting on FEMA to provide feedback to our ProPosal. Z. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation ," ate modified as follows: Original Contract Sum, including applicable WSST $47,600.00 Net Change by Previous Amendments including applicable WSST $o Current Contract Amount including all previous amendments $47,600.00 Current Amendment Sum $o Applicable WSST Amendment Tax on this $o Revised Contract Sum $47,600.00 AMENDMENT-1OF2 Original Time for ComPletion (insert date) 12/3t/ll Revised Time for ComPletion under prior Amendments (insert date) 6/30/12 Add'l Days Required Amendment (+) for this 184 calendar daYs Revised Time for ComPletion (insert date) t2t3l/12 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 ttrat 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 o-ffic" 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 3nY)r and this Amendment, prior to the effective date of this Rmendment, 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' Na By S Cooke DATE (signature) CITY OF KENT:coNSULTANT/VENDOR: L ?\Jer. 25rI Print Name: DATE: By: Kent Law DePart nt \ TO FORM: required) APPROVED (applicable if Ma ESA - Eiological opinion Amd 2/Tan AMENDMENT-2OF2 CERTIFICATE OF LIABILITY INSURAN CE COVERAGES CERTIFICATE NUMBER: DATE (MM/DD/YYYY) 12128t2011 ONLY CERTIFICATERMATIVELYTIVELYALTER TH IS TECERTIFICA,A MAAS TTER OF INFORMATION AND NOCONFERS URIGHTS PON THE THISHOLDER.FICATECERTI NOTDOES AFFI NEGAOR EXTE NDAMEND,OR THE COVERAGE AFFORDED BY THE POLtCtESF\w.TECERTIFICATHIS OF INSURANCE DOES NOT ACONSTITUTE CONTRACT BETWEEN lsTHE SUING AUTHORIZED.ESI\lNsuRER(S),ORENTAT|VE,AN THEDPRODUCER,TECERTIFICA HOLDER. eutre bemust endorsed.tf ts toWAIVED,subjectndorsement.A statement thison certificate doeis conferhot to therights policy,certain policiesthe tf INSURED, theholder is an the # 50 California Street, Floor 12 SanFranciscoCA 94111 (4ts) 391-2141 JAN 0 3 2012 & Co. B 37885 D INSURED Environmental Sci ence Associates ESA Adolfson, Inc. 225 Bush Street, Suite 1700 San Francisco, CA 94104 ENGI TEERIhIG REVISION NUMBER:THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED B ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI ODINDICATED. NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MA Y PERTAIN,THE INSUMNCE 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. A GENERAL LIABILITY COMMERCIAL G ENERAL LIABILIry XCLAIMS-MADE OCCUR POLIcY LOC B )MOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS B A A 'ESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 10.1 , Addltional Remarks Schedule, if more space is required))210628.00: Kent Biological Option Compliance.City of Kent is named additional insured on GL coverage per endorsements CG 201 0 07 04 and CG 2037t4 attached. ryPE OF INSURANCE lNsp POLICY NUMBER POLICY EFF(MM/DD/YYYYI POLICY EXP(MM/DD/YYYYI LIMITS EACH OCCURRENCE 1.000.00c$ 1,000.000t MED EXP (Anv one Denonl $5,000,X. x & ADV GENERAL TE 2.000.000 I ) X GECOO 1336709 01/01/2012 0t/01/2013 LIMITGOMBINED SINGLE lEa accident)I BoDILY INJURY (per person)$ BODILY INJURY (Per accidenr)$X X $ $X X AEC001336509 Deductible: $5,000 0t/0v2012 01/01/2013 EACH OCCURRENCE 1.000.000$ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIi,4S.MADE AGGREGATE DED RETENIoN$ 10,000 uEC001336609 01/0t/2012 0t/01/2013 I a.l WCSTATU- I loTH_r\lToI?v|nflTel I ED $ 1,000,00cE.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYET I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRI ETOR/PARTNEIVEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) lf yes, describe under DESCRIPTION OF OPERATIONS betow /N N/A wE,C0013377409 01/01/2012 01/01/2013 Professional Liability Coverage A- Claims Made PEC001336809 01/01/2012 01/01/2013 Each Claim: $1,000,000 Aggregate: $2,000,000 Retention:I HOLDER City of Kent 400 West Gowe Kent, WA 98032 Attn: Nancy yoshitake The ACORD CAN LLATION @ 1988-2010 AcoRD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE GANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WI.I EC DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. G^*a- ewrr./1il AUTHORIZED REPRESENTATIVE Grruo coRD 25 (2010/05) tD#:CORPORA TION. All rights reserved THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESS-EES OR-COruTRACTORS - SGHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: GOMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE City NAMED INSURED: Environmental ScienceAssociates POLICY NUIvIBER: cEcool 336709 Kent 400 West Gowe Kent, WA 98032 lnformation uired to A. Section ll - Who ls An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only wi[h respect to liability for "bodily injury", "property damagei' or "personal and advertising injury" caused, in whole or in Part, bY: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. ADDITIONAL INSURED: CitY of Kent this Schedule if not shown above will be shown in the Declarations COMM ERCIAL GENERAL LIABILITY cG 20 1007 04 B. With respect to the insurance afforded to these additionai insureds, the following additional exclu- sions applY: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairsi to be performed by or on behalf of the additional insured(s) at the localion of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tehA-eO use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same Project' Of Govered OPerationsLocation(s)Name Of Additional Insured Person(s) OrO nizatio D210628.00;Kent Biological Option Compliance' City of Kent is named additional insured on GL coverage per endorsements CG 2010 07 04 and CG 2037 07 04 attached' cG 20 10 07 04 @ ISO Properties, lnc.,2004 Pagelofl tr THIS ENDORSEMENT GHANGES 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 .\ NAMED INSURED: Environmental Science Associates POLICY NUMBER: GECOOI3367O9 Section ll - Who ls An lnsured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" ADDITIONAL INSURED: City of Kent COMMERCIAL GENERAL LIABILITY cG 20 37 07 04 at the location designated and described in the schedule of this endorsement performed for that ad- ditional insured and included in the "products-com- pleted operations hazard". Page f of I UNIFORM leted OperationsLocation And DescriPtion Of ComP Name Of Additional lnsured Person(s) D210628.00; Kent Biological Option Compliance. Ciry of Keni is named additional insured on GL coverage per endorsements CG 2OlO 07 04 and CG 2037 07 04 attached. City of Kent 400 West Gowe Kent, WA 980J2 ation ired to s Schedule above wil in the cG 20 37 07 04 Copyright, ISO Properties, lnc., 2004 REQUEST FOR MAYOR'S SIGNATURE Please Fill in All Applicable Boxes KH.llT r#is form rn{tsf be prinfed on che ffy paper Routing lnformation (ALL REQUESTS MIJST FIRST BE ROUTED THROIJGH THE LAW DEPARTMENT) Brief Explanation of Document: The attached Amendment No. 2 to the Biological opinion Compliance agreement is necessary to extend the time of completion to December 31 ,2012 because we are still waiting on FEMA to provide any feedback on our proposal or to approve the plan as it exists, All Contracts Must Be Routed Through the Lpw Department Shaded Areas to Be Completed by Administration Staff Originator: Beth Tan Phone (Originator): 5552 Date Sent: clt]/to Date Required: e/ot ltJ Return Signed Document to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12t31t12 VENDOR NAME: ESAAdolfson, lnc.DATE OF COUNCIL APPROYAL: 12t14t10 Received: jUN l5 2012 Aooroval of Law Dept.: KENT LAW DEPT Law Dept. Comments: (This Area to be Completed By the Law Department) nFeHru[r] \ t,'l{ I: t. lW+ eiry 31P'.*t"tt '$ffic* nf the [4avci' Date Forwarded to Mayor: lage587O-templatebase' 2/ O7