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Home My WebLink AboutPW11-026 - Amendment - #3 - ESA Adolfson, Inc. - National Flood Insurance Program Biological Opinion Compliance - 11/26/2012ecords M em KENT DocumenWASHINGToX CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to city clerks office. Alt portions are to be completed. If you have questions, ptease contact city clerk's office. Vendor Name: ESA Adol fson Inc Vendor Number: JD Edwards Number Contract Number:(,-) LI- oLb This is assigned by CitY Clerk s Office Bioloqical O oinion Com D ianceProject Namel Description: ! Interlocal Agreement fl Change Order n Other: X Amendment I Contract ,4 Contract Effective Datel '/a Mavor's siqnature Terminatio n Date, t2/3L/L3//- "zaDate of the Contract Renewal Notice (DaYs)! - Number of days required notice for termination or renewal or amendment Contract Managerl Beth Tan Department: Eng ineerinq location, parcel number, tax id, etc.):Detail: (i.e. address' Extend the time of com oletion to Dece mber 3L, 20L3 because the Citv is waitinq for feedback from FEMA rega rding the subm ittal package for the Project. S:Publlc\RecordsManagement\Forms\contractcover\adcc7832 | 11/08 KENT WASHtNGToN AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: CONTRACT NAME & PROJECT NUMBER: ORIGINAL AGREEM ENT DATE : ESA Adolfson, Inc. Bioloqical Opinion 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 ind 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: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2013 because the City is waiting for feedback from FEMA regarding the submittal package for the project' Z. 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, includ ing applicable WSST $47,600.00 Net Change by Previous Amendments includ ing 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) 12/3Illl Revised Time for ComPletion under prior Amendments (insert date) 12t3u12 Add'l Days Required Amendment (+) for this 365 calendar days Revised Time for ComPletion (insert date) t2t3U13 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 acknowlelges and accepts thai 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 oifice 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:UL-JIV"J^), (signa ^J n*Print Na e: I DATE:N"(titte) t<,>4/,>_ CITY OF KENT: By: (signature) I DATE: ESA Adolfson - Biological Opinion Amd 3/Tan AMENDMENT-2OF2 THIS G' F T\ the GERTIFICATE OF LIABILITY INSURANGE AS A MATTER OF INFORMATION ONLY AND CONFERS NO RI GHTS UPON THE CERTIFTCATE HOLDER. THISlFIGATENOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE,AFFORDED BY THE POLICIESN. THIS..CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT B ETWEEN THE tssUtNG TNSURER(S), AUTHORTZEDAND THE CERTIFICATE HOLDER, of the po must tf su TION lS WAIVED, su.bJect to o'ii-d;h en A statement on this__cdhificite :.,. &io. 50 California Sheet, Floor 12 SanFranciscoCL 94171 (4Ls) 391-2141 ]i.'.1?t""*."ral S ci ence As s ociates iSA Adolfson, Inc. 125 Bush Street, Suite 1700 ian Francisco, CA 94104 :OVERAGES CERTIFICATE NUMB ER: JAN 0 3 2CI12 tuG DATE (MM/DD/YYYY) '12/28120n 3788s REVISION ER:THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITI ON OF ANY CONTMCT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS.CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE 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. \GENERAL LIABILITY GENERAL LIABILIry cuivs-vape .[-Xlo""r* L irr,rtr.nppr-rES prn: LIABILITY X ANYAUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS ]RIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more 6pace ls requlred)0628.00; Kent Biological Option Compliance. Cify of Kent is named additional insured on GL coverage per endorsements CG 2010 07 04 and CG 2037rttached. TTIFICA HOLDER TION -ity of Kent J0 West Gowe Kent, WA 98032 tr Attn:Nancy Yoshitake The ACORD @ 1988-2010 ACORD name and lOco are reoisfara.l mrrlrc nf n rr^bn R?TYPE OF INSURANCE INSR ,15utsh POLICY NUMBER LIMITS EACH OCCURRENCE 1.000.000$ 1.000.00c$ MED EXp (Any one Dersonl $ '5,000 $ 1,000,00C $ ' 2;000,000 PERSONAL & ADV INJURY - GENERAL AGGREGATE $:' . . 2.000.000X lx c8c00t336709 0 pnobucis - coiiiFi'op.ntic----- urjMBtNED S TNGLE LtMtTlEa acctdent)t,000.000o BODILY INJURY (perperson)$ BODILY INJURY (Per acctdent)$x X d AEC001336509 Deductible: $5,000 01/01/2012 01ljtnat3 oXX EACH OCCURRENCE 1.000.000$ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS"MADE AGGREGATE 1"000.00c$ DED RETENI-IoN$ 10,000 uEC001336609 01101/2012 01/01t2013 $xl#RfIfiLkl t",. E.L. EACH ACCIDENT 1.000.00c$ E.L. DISEASE - EA EMPLOYEE I WORKERS COMPENSATION AND EMPLOYERS' LIAEILITY ANY PROPRIETORYPARTNER/EXECUTIVE OFFICER/MEI\,,I8 ER EXCLUDED?(Mandatory tn NH) lf yes, describe under DESCFIPTION OF OPERATTONS betow l N/A w8C0013377409 0u0t/2012 01101/2013 E.L. DISEASE . POLICY LIMIT 1 Professional Liability . Cov.erage A- Claims Made PEC001336809 0l/0U2012 01/01/2013 Each Claim: $1,000,000 Aggregate: $2,000,000 Retention:I SHOULD ANY OF THE ABOVE DESCRIBED FOLICIES BE CANCELLED BEFORETHE EXPTRATToN DATE THEREoF, NorcE wrLL BE orr-veneo- iilACCORDANCE WITH THE POLICY PROVISIONS. tfalenrd G*n*- ewrrn-d AUTHORIZED REPRESENTATIVE rRD 25 (2010/05) lD #:CORPORATION. Atl rights reserved THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SGHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENEML LIABILITY COVERAGE PART SCHEDULE City of Kent 400 West Gowe Kent, WA 98032 lnformation uired to com this if not shown above will be shown in the Declarations NAMED INS URED: Environmental Science Associates POLICY N UII4B ER: GECOO I336709 A. Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and ddvertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acis 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 COMMERCIAL GENERAL LIABTLITY cG 20 10 07 04 B. With respect to the insurance afforded to these additional 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 worl<, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location 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- tended use by any person or organization other than another contractor or subcontractor en- gaged in per-forming operations for a principal as a part of the same project. Location(s) Of Govered Operations Name Of Additional lnsured Person(s) Or Orqanization(s): D210628.00; Kent Biological Option Compliance. Cify of Kent is named additional insured on GL coverage per endorsements CG 2010 07 04 andCG2037 07 04 attached. eG 20 10 07 04 @ ISO Properties, lnc.,2004 Pagelofl E ,. \ NAMED INSURED: Environmental Science Associates POLICY NUMBER: GECOO13367O9 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILIry COVERAGE PART SCHEDULE to lete ule if not s above Section ll - Who ls An Insured 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: Cify of Kent COMMERCIAL GENERAL LIAB cG20 37 willbe in the ILITY 07 04 THIS ENDORSEMENT CHANGES THE POLIGY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED. OWNERS, LESSEES OR GONTRACTORS - COMPLETED OPERATIONS 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 I of 1 UNIFORM Location And Description Of Gompleted OperationsName Of Additional lnsured Person(s) or. Orqanization(s): D210628.00; Kent Biological Option Compliance. Ciiy of Keni is named additiooal insured on GL coverage per endorsements CG 2010 07 04 and CG 2037 07 04 attached. City of Kent 400 West Gowe Kent, WA 980p2 Copyright, ISO Propefties, lnc., 2004 KENT ATTACH THE COUNCIL MOTIO NS REQUEST FOR MAYOR'S STGNATURE Please Fill in All Applicable Boxes HEET FOR THE MAYOR - if a licable by Director AII Contracts Must Be Routed Through The Law Department shaded Areas To Be Completed By Administration staff Dept/Div, Eng ineering/E ronmental Extension: 5552 Originator's Name: Beth Tan Date Re uired:Date Sent:31 131NoTEDAETIRMTINANcoTRACTYoshita keReturn to: Nan DATE OF COUNCIL APPROVAL:AVENDOR: ESA Adolfson Inc Brief Explanation of Document: The attached Amendment No. 3 is necessary to extend the time of completion to December 31, 2Ot3 for the Biological opinion compliance agreement because the city is waiting for feedback from FEMA regarding the submittal package for the project' (This area to be completed by the Law Department) :-:i!J1'.lilii,:[;-: Received: !.1[;\' ,', , i"i'i Approval of Law DePt.: Law Dept. Comments: Tt 10 \r{l\ fi i-;; 1",i 1. ! ir.;:11' I : '','i:.... .- ; :i",i: i;.,i::r.rr.':,.,,:'...i- :-.:I ij j::: Date Forwarded to MaYor r()* Received: Recommendations and Comments: Disposition:tu-blzrryffirffiq rrn\t ? ? 201U litl v e \E rctr ra \qtv Date Returned: REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxe ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if a licable All Contracts Must Be Routed Through The Law Department Shaded Areas To Be Completed By Administration Staff Director Originator's Name: Alex Murillo Dept/Div, En g i n eeri ng / Envy'oKm e nta I Exte nsion :5528 / Date Sent i /+ lt*Date Required: r h+/il! Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: L2/3L/ L4 VENDORT Environmental Science Associates DATE OF COUNCIL APPROVAL: t2/L4/10 Brief Explanation of Document: The attached Amendment No. 4 is necessary to extend the time for completion to December 31, 20L4 for the Biological Opinion Compliance Project to allow time for FEMA review and to finalize the National Flood Insurance Program Biological Opinion Compliance Checklist. (This area to be completed by the Law Department) RCCC|VCd' RECEIVED Approval of Law Dept., jAN U'1 ?[1l Law DePt' comments' KENT r-AW DEPI [lL b /*- Date Forwarded to Mayor:'l s[vo) Disposition , t/q/t4 Date Returned: Received: I z0i4Recommendations and Comments:JAN *c,wo"{nt"$tuvot REC