HomeMy WebLinkAboutAdden 2CAG-18-271, Adden #2-20
AMENDMENT NO.XTO AGREEMENT FOR THE RAINIER AVE N.
AND BENSON RD. S. CULVERT REPLACEMENT PROJECTS
L
CAG-18-271
THIS AMENDMENT, dated August 3, 2020, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and CHS Engineers, LLC a Washington Limited Liability
Corporation (Consultant / CHS) and David Evans and Associates INC. (Consultant/ DEA) , an
Oregon Corporation licensed to do business in Washington. The City and CHS and DEA are
referred to collectively in this Amendment as the "Parties." Once fully executed by the Parties,
this Amendment is effective as of the last date signed by both parties.
Whereas, the City engaged the services of the CHS Consultant under Agreement CAG-18-271,
dated December 20, 2018, to provide necessary services for the Rainer Ave. N. and Benson Rd. S
Culvert Replacement Project and Amendment No 1 dated November 1, 2019 (referred to herein
as the "Agreement");
Whereas, the Parties wish to amend the Agreement to provide for Consent to Assignment of the
Agreement from CHS Engineers LLC (CHS) to David Evans and Associates (DEA).
NOW THEREFORE, It is mutually agreed upon that CAG-18 271 is amended as follows:
1. Successors and Assigns Section 1S.-
The City agrees and consents to the assignment of this agreement CAG-18-271 and
Amendment No 1 attached and incorporated by reference in this amendment (Exhibit A-
2) from CHS Engineers to David Evans and Associates Inc. as follows:
A. CHS Engineers, LLC (CHS) has entered into an agreement to sell its assets, including
CAG-18-271 agreement for professional services, to David Evans and Associates, Inc.
(DEA). The closing date and completion of the sale is scheduled for June 26, 2020.
Following completion of the sale, CHS will no longer perform any professional services
but will transition its projects and integrate its people into DEA. Per the terms of the
agreement between CHS Engineers, LLC (CHS) and David Evans and Associates, Inc. (DEA)
for sale of CHS' assets, certain CHS contracts are scheduled to be assigned and transferred
to DEA effective upon closing of (the "Effective Date") of the CHS/ DEA transaction.
B. This Consent to Assignment is strictly contingent upon the closing of the sale to
DEA, which the CHS and DEA intend to complete on the Effective Date of the CHS/DEA
closing. In the event the agreement between CHS and DEA terminates, this Consent to
Assignment shall terminate upon CHS' written notice to City.
C. The Parties further agree that:
1. The authorized Agreement and task or work order fees described in
attached Exhibit A-2 are accurate and complete.
2 The Agreement in Exhibit A-2 is in full force and effect.
3. CHS has not defaulted and currently is not in default under the Agreement
and no facts or circumstances exist that, with the passage of time or the giving of
notice, will or could constitute a default.
4. That, upon completion of the transaction between CHS and DEA, all of the
current CHS rights, title and interest in the Agreement will be transferred to and
will be vested into DEA except for past obligations and liability associated with
services provided in Section 5 below.
5. However, this Consent to Assignment does not transfer to DEA any past
obligations or liability associated with any services provided prior to the Effective
Date CHS /DEA closing date. Contracts and services performed prior to the
Effective Date CHS/DEA closing are not assigned to DEA and remain the
responsibility of CHS.
6. However, DEA will complete the identified current in -progress and
unfinished services required under the Agreement as identified in Exhibit A-2.
7. On -call agreements are assigned only to the extent such terms apply to
the assigned tasks and services noted in the Agreement in Exhibit A-2 for any
current in -progress and unfinished services.
8. CHS and DEA will each provide insurance documents to the City pursuant
to the terms of CAG-18-271 and to continue adequate coverage for CHS
obligations.
2. All terms of the Agreement not explicitly modified herein shall remain in full force and
effect and such terms shall apply to Work performed according to this Amendment as if
fully set forth herein.
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PAGE 2 OF 3
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date
last signed by the Parties below.
CITY OF RENTON
By: -
Martin Pastucha
Public Works Administrator
3, -zo ZD
Date
Approved as to Legal Form
DEA- CONSULTANT
By: ` U
C ig heahan
Vice President Business Leader
June 23, 2020
Date
CHS Consultant
Enter Signer's Name
Enter Signer's Title I
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Approved by Cheryl Beyer via 7/28/2020 email
Shane Moloney
City Attorney
Non standard clb 616 6/22/20
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