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Home My WebLink AboutPW11-026 - Amendment - #6 - ESA Adolfson, Inc. - National Flood Insurance Program Biological Opinion Compliance - 12/12/2014ecords M em KENT DocumenWAgHINGTON SC,ANNED coNrRAcr covER sHEEr nate l?lt4ll4 Elu 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:Environmental Science Associates Vendor Numberl JD Edwards Number Contract Number: TWll- 0zb-00-l This is assigned by City Clerk's Office Project Name:Bioloqical O oinion Compliance Description: n Interlocal Agreement ! Other: n Change Order X Amendment n Contract Contract Effective Date: @re Termination Da te: L2/3 LIL5 Contract Renewal Notice (DaYs): Number of days required notice for termination or renewal or amendment Contract Manag er: Alex Murillo Depa rtmentr Enqineerinq Contract Amount: Approval Authority: (cIRCLE ONE) Department Director City Council Detail: (i.e. address, Extend the time of com location, parcel number, tax id, etc.): ntinuation of work on Mayor As ofi 0a127/14 ological Opinion is requi letion to December 31,20L5 because co the FEMA KENT ATTACH THE COUNCIL MOTIO REQUEST FOR MAYOR'S STGNATURE Please Fill in All Applicable Boxes N SHEET FOR THE MAYOR - if A licable ,m AII Contracts Must Be Routed Through The Law Department shaded Areas To Be Completed By Administration staff Extension: 5528Dept/Div. EngineeringOriinator's Name: Alex Murillo Date Sent: /J/t+ld CONTRACT TERMI 15ON DATE: 1 3 Date Re uired: Return to: Na Yos hitake DATE OF COUNCIL APPROVAL: N /AVENDOR: Environmental Science Associates Brief Explanation of Document: The attached Amendment No. 6 is necessary to extend the time of completion to December 31, 2015 because continuation of work on the FEMA Biological Opinion is req uired. completed by the Law DePartment) Received: Approval or Law Dept', KENT LAW DEPT. Law Dept. Comments I b @ 4 t,t cDate Forwarded to MaYor:tg Received:RECffif;VED Recommendations and Comments:ljIi, i I2i]i4 Citv of Kent Office of tne Mayor Disposition Date Returned KENT WAsHtNoloN AMENDMENT NO. 6 NAME OF CONSULTANT OR VENDOR: Environmental science Associates CONTRACT NAME & PROJECT NUMBER: Biological Opinion Compliance ORIGINAL AGREEMENT DATE: December 17' 2o10 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 ]orce 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: The scope of work remains the same/ however an amendment is needed to extend the time of completion to December 31' 2015 because continuation of work on the FEMA Biological Opinion is required. 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, includi ng applicable WSST $47,600.00 Net Change by Previous Amendments i nclud ing applicable WSST $7,399.00 Current Contract Amount including all previous amendments $54,999.00 Current Amendment Sum $o Applicable WSST Tax on this Amendment $o Revised Contract Sum $54,999.00 AMENDMENT-1OF2 "t Original Time for ComPletion (insert date) t2l3lltt Revised Time for ComPletion under prior Amendments (insert date) 12131/14 Add'l Days Required Amendment (*) for this 365 calendar days Revised Time for ComPletion (insert date) t2t3U15 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 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 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 3nY)r 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 L 4Print N e''T?r I DATE: CITY OF KENT: Print Name ctA DATE APPROVED AS TO FORM: (applicable Mayor's Kent Law DePartment ESA - Biological Oplnion Amd 6/Murillo AMENDMENT.2OF2 lt CERTI FICATE OF LIABILITY INSURANCE NUMBER: COVEMGES A CERTIFICATE NUMBER: X OATE (MMTDDfYYYYI tzll8l20l3 CERTIFICATEONLY NEGATIVELYAFFIRMATIVELY THISHOLDER,THEUPONNORIGHTSANDCONFERSOFIIIFORMATIONASMAITERATECERTIFICAtsstsUED POLICIESTHISTHEBYAFFORDEDRAGEcovETERALTHEOREXTENDORAMEND,NOTDOESCERTIFICATE AUTHORIZEDINSUNRER(S),r9surNoTHEBETWEEEONTRACTACONSTITUTENOTDOESINSURANCEOFCERTIFICATETHISBELOW. LDER.HOCERTIFICATEANDTHEORTIVEPRODUCER,REPRESENTA lleu ofguchcertificate holder doss not confer rlghts to theancertlflcatethlgonstatEmontAnaendorsoment.c€rtaln requlremayofconditlongpollcleethotermsthoandpolicy, 0 l-214'lV%"8 8ifi n-s u*ver & co. 50 California Street, Floor l2 San Francisco CA 941 I I (4ts) 391:2t4r 37885 INSUREO Environmental Science Associates 550 Kearny Street, Suite 800 San Francisco, CA 94 I 08 P THISWHICHTO TERMS,THEINDICATED, TECERTIFICA EXCLUSIONS LIMITS ryPE OF INSURANCE 1 s 0EXP $& ADV AGG 0u0tl20l50v0112014GEC00133671 1Y crArMs-MADE l-Xl otcun Contractual Liabilitu GEN'L AGGREGATE LIMIT APPLIES PER; GENERAL LIABILITY Ston Gao oeNenaL LteetttTY $INJURY (Por Por6on)X s $ BODILY TNJURY (Por srcldenl) xX s 0r/0 l/201 50110U2014AEC0013365 I IBAUTOMOBILE LIABILITY SCHEDULED AUTOS NON.OWNED AUTOSHIRED AUTOS ALL OWNED AUTOS ANY AUTO $ X X s UMFRELLA LIAS EXCESS LIAB OCCUR 3 0llQll20t50110U2014u8C00133661 IA IE "EAEL, sLIMITEL. 0ll0ll20l50t/0tl2ol4 ANI wEC00l33741lBAND EMPLOYERS' LIABILITY YINtr WORKERS ANY Ea, Oco./Aggregate: $1M/$2M Ea. Occ./ Aggregate: $2,000,000 01101120150U0tl20l4P8C0013368 I I Retro Date: I 0/l 189 819 I I 17 6A Professional Liability Pollution Liability Claims Made policies contain a 30 day notice ofcanceltation and a l0 day notice ofcancellation for non-payment ofprenrium' Sohodulo, It moro rplc6 It roquirodlAcoRD 10 1, Addltlonrl Rsm!rklDESCRIPTION OF OPERATIONS/ LOCATIONS /VEHIcLES (AHrch Specimeu Renewal Certi fi cate CERTIFICATE SPECIMEN RENEWAL CERTIFICATE 1 SBB.201 SHOULD AHY OF THE ABOVE DESCRIBED POLICIE$ BE CANCELLED BEFORE iiii-rxpiiianoi onre rHe-neor, NolcE wlLL BE DELIVERED IH ncconoar'rcr wlrH THE PoLlcY PRovlSlols' nveAUlIIORIZ€I) ACORD 25 (2010105) tD#: The ACORD name and logo are registereel marks of ACORD All rlg PoLlcY NUMBER:'cEC001336Z1 0 This endorsement modifles insurince provided under the foilowing COMMERCIAL GENERAL LIABILITY COVERAGE PART SEHEDULE eoMM ERGTAL G EN ERAL lriJ b'IX, THIS ENDORSEMENT EHANGES THE POLICY. PLEASE READ IT EAREFULLY. ADDITIONAL IN$URED - OWNERS, LE$SEES OR CONTRAGTORS - SCHEDULED PERSON OR ORGANIZATION A. Section ll - Who ls An lnsuned is amended toinclude as a n additional insured the person(s) or organization(s) shown in the Scheduie, but oniy with respect to liability for "bodily injur/', "prop"rtydamage" or',per€onal and adv - - eriiriing iriiury, . caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or onrissions of those acting on your behatf; in the perlorrnance of your ongoing operations for th e addition al insured(s) at- theiiocation (s )designated above. E. With respect.to the insurance affoided to these additional insurecls, the following acldi tionalexclu_ sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1, Allwork, including rnaterials, parts or equip ment furnished in connection with such work, on the project (other.than service; mainte nance or repairs) to be perfornied by or on behalf of the additional insured(s) af ihe loca tion of the cov ered operations has been corn _ pleted; or 2. That portion of "yorlr work', out of which the injury or damage arises has been put to its intended use by any pers on or organization other than another conti-actor or subContrac tor engaged in per-forming operations for a principal as a part of the same project. Page 1 UNIFORM ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR'PROPERTY DAMAGE" OCCURS SUBSEQUENT TO TFIE EXECUTION OF THE WRITTEN CONTMCT OR WRITTEN AGREEMENT. ef us N a am of Additional I nsured Person(s) Gr lzAOR REQUIRED IN AWRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN s s6 20 10 07 04 Copyright, ISO Propedies, lrrc., 2004 ecords M em KENT D ocu ment WaSHTNGToN 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 hane questions, ptease contact city clerk's office. Vendor Name : Environmental Science Associates e3A Vendor Number: JD Edwards Number Contract Number:A^J ll-oAt This is assigned by City Clerk's Office Bioloq ical Opinon ComplianceProject Name: Description: n Interlocal Agre n Other: ent I Chan g e Order X Amendment I Contract lrle.?)496 Contract Effective Date:Date of the M avo r's sionature Termination Date , r2/3UL4 Contract Renewal Notice (DaYs): Number of days required notice for termination or renewal or amendment Contract Manager:Alex Murillo De rtment: Eng ineerinq Detail: (i.e. address, location' Pa rcel number, tax id, etc.): Extend the time of comp letion to December 31 2OL4 to allow for time for FEMA review and to finalize the National Flo od Insurance Program Biologica Opinion ComPliance Checklist. S:Publlc\RecordsManagement\Forms\Contractcover\adcc7832 | 11/08 KENT WASHtNGToN AMENDMENT NO. 5 NAME OF CONSULTANT OR VENDOR: CONTRACT NAME & PROJECT NUMBER: ORIGINAL AGREEMENT DATE : Environmental Science Associates Biological Ooinion Compliance December 17, 2O10 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 priorAmendments,theConsultantorVendorshall: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, ZOL4 to allow for time for FEMA review and to finalize the National Flood Insurance Program Biological Opinion ComPliance Checklist. 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 Amen dments including aPPlica ble WSST $7,399.00 Current Contract Amount including all previous amendments $54,999.00 Current Amendment Sum $o Applicable Amendment WSST Tax on this $o Revised Contract Sum $54,999.00 The parties acknowledge that the Agreement terminated by its own terms on December 3L, zoL3. lio*"uur, the City and Consultant express their mutual intent unJ'O"rir. to reinstate the Agreement; extend its term through December 31, 20L4; and amend the work to include additional duties to be performed in accordance with the same provisions set forth in the original Agreem.e-nt, except as modified within this Amendment. In addition, the parties wish to ratify and affirm any and all acts consistent with the authority of the Agreement and prior to the effective date of this Amendment' AMENDMENT-1OF2 Original Time for ComPletion (insert date) t2131/11 Revised Time for ComPletion under prior Amendments (insert date) 12t3ll13 Add'l Days Required Amendment (*) for this 365 calendar daYs Revised Time for ComPletion (insert date) t2l3llr4 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 oifi.e 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)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' CITY OF KENT: DATE: I By: Pri coNSULTANT/VENDOR: 3oDATE: +- e (tiile) e By nJ"Print N RM required) APP VE AS TO (applicable if MaYor's Kent Law DePartmen u,t& ESA - Biological Opionion Amd 5/Murillo AMENDMENT-2OF2 #p"CERTIFIC ATE OF LIABILITY INSURANCE NUMBER: COVERAGES A CERTIF ICATE NUMBER: TEH SPECIMEN RENEWAL CERTIFICATE @ 1 988-201 ACORD DA'IE {MMIDDTYYYY} 1211812013 ONLYMATTER ALTERTIVELYCERTIFICATE ICATE THISHO[DER,THE CERTIFICATEUPONRIGHTgNODANCONFERSTIONFORMAOFINAtsASISSUEDCERTIFITHISCATEBY POLICIESTHEAFFORDEDCOVERAGETHEOREXTENDAMEND,NEGAYTIVELORRMAAFFNOT AUTHORIZEDDOESNSURER{s),IgSUINGTHEBETWEENACONTRACTCONSTITUTENOTDOESINSURANCETEFICAOFCERTITHISBELOWHOLDER,DAN CERTIFTHEPRODUCER,ATIVERESENT ORREP holdor In lleu of such certlflcate doos not conforanhth6thlsonslatemontAaendorsomont.certaln lcles requlretheofmayconditionEpolandtsthopolicy,rma to tho to 4W333?$n-su*y"' a co. 50 Califomia Street, Floor l2 San Francisco CA 941 I 1 (415) 391-2t41 37885 INSURED Environmental Science Assooiates 550 Keamy Street, Suite 800 San Francisco, CA 94 I 08 THISWHICH MSTERTHETED.CANDI TEFICARTICE roNsEXCLUS LIMITS TYPE OF INSURANCE 1 1$ 0 $PERSONAL &X $AGGREGATE X PRODUCTS - t 0l/01/201501t0112014GEC00l3367l IY X COMMERCIAL GENERAL LIABILITY .LA'M'-MADE fl o."r* Liabilitv AGGREGATE LIMIT APPLIES PER: GENERAL LIABILITY 1 BODILY INJURY (Per P€rson) X BODILY INJURY (P€r a@ldonl) X 0l/0 t/201 50uau20l4AEC00l3365l 1AUTOMOBILE LIAEILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON.OWNED AUTOS B sEACHXXOCCUR CLAI UMBRELLA LIAS EXCESS LIAB t 0U01l2Ar0ll0ll20t4uEC00l3366l IA x E L, OISEASE. EA E,L POLICY 0|0t120150ll0u2at4 NIA wEC00l33?411AND EMPLOYERS' LIABILITY Y'Nif COMPENSA B Ea, 0cc./Aggregate: $1M/$2M Ea. Occ./Aggregate: $2,000,000 0tl0tl20l501/0 l/20 IPEC0013368 I I Retro Date: l0/1189 &9lll7 6A Professional LiabilitY Pollution Liability Claims Made Policies contain a 30 day notice ofcanccllation and a 10 day notice ofcancellntion for non'payment ofprernium' Schodulo, It moro rpaca lc toquirod)ACORO ,l01, Addltlonrl Romrrkr OESCRIPTION OF OPERATIONS / LOCATIONS I VEHIcLES (AH!ch Specimen Rcnewal Certificate SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXprRArloN DArE rxJnrbil xqncE wlLL BE DELIVEREo lN nd-corib*rcr wtrH THE PoLlcY PRovlsloNs' nu'tlloRle€D ACORD 25 (2010/05) lD #i The ACORD name and logo are rogistered marks of ACORD AII regerved POLICY NUMBER: GECOO133671r, This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE COMMERCIAL GENERAL LIABILITY cG 20 37 A7 04 THIS ENDORSEMENT CHANGES THE POLIEY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED _ OWNER$, LESSEES OR CONTRACTORS : GOMPLETED OPERATIONS Seetion ll - Who ls An lnsured is amended to includes 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', at the location designated and desdribedln the schedule of this endorsement performed for that ad ditional insured and included in the "products -completed operations hazard". Name Of Additional lnsured Or Organization(s): Person(s) Location And Desc ription 0f Gompleted Operations lnformation ired to com willbe shown in the Declarationsthis Schedule abovifnot shown AREOR ORGANIZA UIRED IN A WRITTEN COI.JTRACT OR WRITTEN NT TO INCLUDE AS AN ADDITIONAL SURED PROVIDED THE'BODILY INJURY" OR PROPERTY DAMAGE" OCCURS SUBSEQUENT TO E EXECUTION OF THE WRITTEN CONTMCT OR RITTEN AGREEMENT. cG 2A 37 A7 04 Copyright, ISO Properties, lnc., 2004 UNIFORM 2 Kent City Council Meeting Date December 14, 2010 Category Consent Calendar - 7Q 1. SUBJECT:BIOLOGICAL OPINION CONTRACT WITH ESA ADOLFSON - AUTHORIZE suMMARY STATEMENT: Authorize the Mayor to sign a consultant services @fsonfortheNationalFloodInsuranceProgramBiological O-pinion Compliance, in the amount of $47,600, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. As a member of the National Flood Insurance Program (NFIP), the City of Kent was informed by the Federal Emergency Management Agency (FEMA) that we must be in compliance with the Biological Opinion by September 22,2011' EXHIBITS: public Works Memorandum dated LLl23/L0 and Biological Opinion Contract with ESA Adolfson 4. RECOMMENDED BY : Prrhlic \A/nrks Comm e (Committee, Staff, Ex aminer, Commission, etc.) FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No CITY COUNCIL ACTION: Cou n ci I me m ber-moves, Co u nci I m em be r-seco nd s DISCUSSION: 3 5 6 ACTION: