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HomeMy WebLinkAboutPW11-026 - Amendment - #1 - ESA Adolfson, Inc. - National Flood Insurance Program Biological Opinion Compliance - 11/22/2011ecords M em KENT DocumenWASHTNGToN 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 Namer ESA Vendor Number: JD Edwards Number Contract Number:QU tl-- o&L This is assigned by City Clerk's Office Project Name:Bioloqica I Ooinion Comoliance Description: I Interlocal Agreement n Other: E Change Order X Amendment n Contract I //- zz-// Contract Effective Datel Date of the Ma or's S nature Termination Date , 6130/t2 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager:Beth Tan Dep artment; Enqineerinq Detail: (i.e. address, location' parce Extend the time of completion to June 3 umber, tax id, etc'): 20t2 because we are waitinq for feedback ln 0, from FEMA regarding the submittal pac kage. S:Public\RecordsManagement\Forms\Contractcover\adcc7832 | LL/08 KENT WasHrNGtoN AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR:ESA CONTRACT NAME & PROJECT NUMBER:Biological Opinion Compliance ORIGINAL AGREEMENT DATE: 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 June 3O, 2OL2 because we are waiting for feedback from FEMA regarding the submittal Package. 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 $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 Amendment WSST Tax on this $o Revised Contract Sum $47,600.00 AMENDMENT-1OF2 Original Time for Completion (insert date) 12/3llll Revised Time for Completion under prior Amendments (insert date) 0 Add'l Days Required (+) for this Amendment 182 calendar days Revised Time for Completion (insert date) June 300 2012 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 acknowle-dges and accepts that this Amendment constitutes full payment and final settlement of all claims bf 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 pafties 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:V&L le o^J*n LPrint Na e6€. I DATE:Nou. / r Q6t CITY OF KENT: By Pri (signature) DATE:+ Nam APPROVE AS TO FORM: (applicable if Mayor's signature required) Law Department ESA - Blologlcal Opinion Amd 1/Tan AMENDMENT-2OF2 AC0R4. CERTIFICA-I E OF LIABILITY INSURANCE PRODUCER Woodruff-Sawyer & Co. I 3ush St., ?th Floor S.- iranciscoCA 94104 (41il39t-214t - rNslrRED 1700 ;JAN 06 San THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED ABOVE FOR THE POLICY PERIOD INDICATED, NQTWITHSTANDING ANY REQUIREMENT, TERM OR MAY PERTAIN, THE INSURANCE CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A B A B A DESCRPTION OF OPERATIONS ' LOCATIONS /VEHICLES/ EXCLUSIONSADDED D210628.00; Kent Biological Option Compliance. City of Kent 07 04 attached. BY ENDORSEMENT ' SPECIAL PROVISIONS ir'n-urn.d-uAaiiionafintu..a on bi cou"tug. per endorsements CG 2010 07 04 and CG2037 DATE (MM/DD/YYYY) 0ll03l20Lt INFORMATIONMATTER CERTIFICATE OFDEAASCEFICARTItsTEtssuTHIS TECERTIFICATHEUPONHTSoRIGNYONLCONFERSANDOREXTENDNOTDOESENAMtsTHHOLDER. ETH NAIC #ING COVERAGE:':, 22322 37885! B: filllfrIRFF TDD'I POLICY EXPIRATIONhATE 'MM'NNffiI LIMITSPOLICY EFFECTIVENATF TMM'NN/YYIPOLICY NUMBERWOE NF INSI IPANCF IEACH OCCURRENCE s 1.000,000DAMAGE TO RENTED PtrtrMlsFS lFa 6mrrrericel s,000$MED EXP (Any one person) s 1,000,000PERSONAL & ADV INJURY GENERALAGGREGATE s 2,000,000PRODUCTS - COMP/OP AGG 0t/0U20120U01l20tlGEC001336708 Contractual Liabilitv Ston Gap Emplovers GEN'L AGGREGATE LIMIT GENERAL LIABILITY CLAIMS MADE OCCUR PER: x X COM['IERCIAL X X X $ 1,000,000COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) 1$'BODILY INJURY (PeYacaident) 'frj $PROPERTY DAMAGE (Per.aqcident) 0u0ll20l20U0!2011AEC001336508AUTOMOBILE LIABILITY NON-OWN,EP AUTOS . ::.;. Deductible: $5,000 - ALL OWNED AUTOS X. X ANY AUTO SCHEDULED AUTOS sAUTO ONLY - EAACCIDENT $EAACC AGG OTHER THAN AUTOONLY: GARAGE LIABILITY ANY AUTO 1.000EACH OCCURRENCE s 1,000,000AGGREGATE $ $ s 0l/01120120!0U20tluEC001336608EXCESS/UMBRELLA LIABILITY DEDUCTIBLE I OCCUR CLAIMS MADE oTt EE-- I WCSTATU-X lT^DVrrlrtrq 1.000,000$E-1. FACH ACCIDENT s 1,000,000E.L. DISEASE - EA EMPLOYEE s 1,000,000 0r/0U2012 E.L. DISEASE. POLICY LIMIT 0U0u20tlwEc0013377408WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRI E'IORYPNRTNEFYEXECUTIVE OFFICERYMEMBER EXCLUDED? lf yes, describe under SPECIAL PROVISIONS below Each Occurrence Aggregate Retention $ $ $ 1,000,000 2,ooo,ooo IQQJqQ- 0t/01/20120U0ll201lP8C001336808orHER Professional Liability Cov. A- Claims Made Retro Date l0/l/89 RTIFICATE HOLDER City of Kent 400 West Gowe Kent, WA 98032 4, TtoN l0 Notice for of Premium sHoULDANYoFTHEABovEDEscRIBEDPoLIcIEsBEcANcELLEDBEFoRETHEEXPIMTIoN DATE THEREoF, THE tssulNc tNsuRER wtLL ENDEAVoR ro ruarr- 30 DAYs wRlrrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT' BUT FAILURE TO DO SO SHALL tMposE No oBL|GATION OR LIABILITY OF ANY KIND UPON THE INSURER' ITS AGENTS OR REPRESENTATIVES. ew,tffLe) AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) to +: Attn: Nancy Yoshitake @ACORD CORPORATION 1 988 IMPORTANT lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certifrcate does not confer rights to the certificate holder in lieu of such endorsement(s). tf SUBRoGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)' The Certificate of lnsurance on the reverse side of this form does not constitute a contract between the issuing insure(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon' ACORD 25 (20ml0el NAMED INSURED: Environmental Science Associates POLICY NUMBER: GECOOI336708 Thisendorsementmodifiesinsuranceprovidedunderthefollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional lnsured Person(s) OrO COM MERCIAL GENERAL LIABILITY cG 20 10 07 04 THISENDoRSEMENTGHANGESTHEPoLIcY.PLEASEREADITGAREFULLY. ADDITIoNAL INSURED - owNERS, LE-qqFFS OR colrrnAcrons - ScHEDULFD PERSoN oR ORGANIZATION A. Section ll - Who ls An lnsured is amended to - - i";lrd" as an additional insured the person(s) or ;6;;;"ti"tai1 snown in the Schedule' but onlv *iin r"rp""t't6 tianitity for "bodily inju.yl' "property J"t"g"; or "personal and advertising injury" caused, in whole or in Part, bY: 1. Your acts or omissions; or 2. The acts or orilissions of those acting on your behalf; in the performance of your-ongoing operations for tne aObitional insured(-s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these-' "oJiiionii insureds, the following additional exclu- sions aPPIY: This insurance does not apply to "bodily injury'' or "property damage" occurring after: 1. All work, including materials, parts or equip-" ;;"i frftiined in-connection with such work' on tn" project (other than service' maintenance "l t"pr,it"i to ie perioiTeq .?y or on belialf cf tf't dOOiti6nal insirred(s) at the location of the ;";;;a operations hai been completed;or 2. That portion of I'your work".out of which the-' iniury'or damage arises has been put to its in- t*oitO use by iny person or organization other than anothei contiactor or subcontractor en- ii"g"J i" p"rforming operations for a principal is? Part of the same Project' ADDITIONAL INSURED: CitY of Kent Of Govered onsLocation ofCityKentCompliance.D2 Biological Option0628.00; GLoninsured percoverageadditionallsKentnamed attached.04203707CGand2007004CGendorsements City of Kent 400 West Gowe Kent, WA 98032 to com thisation arationsDeclthetnbehownswlaboveshownnifot cG 20 1007 04 @ ISO ProPerties, lnc.,2O04 Pagelofi tr THIS ENDORSEMENT CHANGES 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 Scienie Associates POLICY NUMBER: cECo0l336T08 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 GENER,AL 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 1 of 1 UNIFORM Name Of Additional Insured Person(s) Or Oroanization(s):Location And Description Of Compl eted Operations City of Kent 400 West Gowe Kent, WA 98032 D210628.00; KentBiological Option Compliance. City of Kent is named additional insured on GL coverage per endorsements CG ' 2010 07 04 and CG 2037 07 04 attached. lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations. cG 20 37 07 04 Copyright, ISO Properties, lnc., 2004 REQUEST FOR MAYOR',S STGNATURE Please Fill in AllApplicable Boxes KENT Ihis forrn rnffsf be prinfed orl cf?e rry paperWasHtNcr.oN Routing Information (ALL REQUESTS MUST FIRST BE ROIJTED THROUGH THE LAW DEPARTMENT) Brief Explanation of Document The attached Amendment No. 1 to the Biological Opinion Compliance agreement is necessary to extend the time of completion to June gO,2012 because we are waiting for feedback from FEMA regarding the submittal package' All Contracts Must Be Routed Through the Law Department Shaded Areas fo Be Completed Administration Staff Originator: Beth Tan Phone (Originator): 5552 Date Sent: ', /at / il Date Required: ,r f %/ I Return Signed Document to: Nancy Yoshitake CONTRACT TERMINATION DATE: 6t30t 12 VENDOR NAME: ESA DATE OF COUNCIL APPROVAT: 12t14t10 (This Area to be Completed By the Law Department) ffiffiffffifvffim f{Ov $ t, 2fr11 KEFdT't, Received: Approval of Law Dept.: Law Dept. Comments: *il;i iii Ker-ri . i-i ;, ::F,'; if:i' ? ii4a;t11 1y2Ll4tl^- >(tDate Forwarded to Mayor: t,f Date Returned lage5870-templatebase' 2/O7