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HomeMy WebLinkAboutPW08-140 - Amendment - #2 - Fehr & Peers, Inc. - Transportation Master Plan Phase 2 - 02/17/2010 �t• KE NT - ft Records Maflageme WA9HIHGTOH Document 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 Name: Fehr & Peers, Inc. Vendor Number: ID Edwards Number Contract Number: IIpV309- l q 0 This is assigned by City Clerk's Office Project Name: Transportation Master Plan Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: a 117110 Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/10 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Cathy Mooney Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2010 to allow the consultant additional time for project administration and to serve as liaison to City staff during implementation of the Transportation Master Plan. 5 Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 K E N T AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Fehr & Peers, Inc. CONTRACT NAME & PROJECT NUMBER: Transportation Master Plan Phase 2 ORIGINAL AGREEMENT DATE: May 26, 2008 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 31, 2010 to allow the Consultant additional time for project administration and to serve as liaison to City staff during the implementation of the Transportation Master Plan. 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, $204,653.00 including applicable WSST Net Change by Previous Amendments $116,400.00 including applicable WSST Current Contract Amount $321,053.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $321,053.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/09 (Insert date) Revised Time for Completion under 3/31/10 prior Amendments (insert date) Add'I Days Required (f) for this 275 calendar days Amendment Revised Time for Completion 12/31/10 (insert date) 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 that 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 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 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: CITY OF KENT: By: / By: 12Z (siggay�r / (signature) Print Name: Pocz.:r � �NvYt deli � Prin a e: uzette Cooke Its 2C Its Ma or (title)�— � (ht�lJ DATE: �i2 DATE: //7/�� AP ROVED AS TO FORM: (a Table If yor's signature required) rft Law epartment Fehr 6 Peers-7MP Ph 2 Am0 2/Mooney AMENDMENT - 2 OF 2 I Client#: 13635 FEHRPEERS ACORD. CERTIFICATE OF LIABILITY INSURANCE 11/05109Dm) SiRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR o O. Box 12675 EIVALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW (land,CA 94604-2675 .510 465-3090 � `E" INSURERS AFFORDING COVERAGE INSURED q {( INSURER A. Hartford Casualty Insurance Co. Fehr&Peers �`�lI �` INSURERB Hartford Underwriters Ins. Co. 100 Pringle Ave,Suite 600 INSURERC Walnut Creek,CA S14596CITY OF V INSURERD INSURER COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER OATE MM/DDIYY DATE MMIDDIYY A GENERALLIABILITY 57SBAVA1664 11/01/09 11/01/10 EACH OCCURRENCE $10 00000 X !COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE(Any one fire) $1000000 1 CLAIMS MADE FXI OCCUR i,IED EXP IAny one person) I$'I tl 00U PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OPAGG $2,000000 _ POLICY X PRO LOC ECT A AUTOMOBILE LIABILITY 57SBAVA1664 11/01/09 11/01/10 COMBINED SINGLE LIMIT ANY AUTO (Ea amident) $1,000,000 ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS X HIREDAUTOS BODILY INJURY X NON-OWNED AUTOS (Per acadenl) $ PROPERTY DAMAGE $ (Per amident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EAACC $ AUTO ONLY AGG I$ A EXCESS LIABILITY 57SBAVA1664 11/01/09 11/01/10 EACH OCCURRENCE $5000000 X OCCUR CLAIMS MADE AGGREGATE $5 000 000 - DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND 57WEK06130 05101/09 05/01/10 X Wcsrnru- orH- TOR"L�pnirS R EMPLOYERS'JABILIi Y EL EACH ACCIDENT $1,000,000 E L DISEASE-EA EMPLOYEE $1,000,000 EL DISEASE -POLICYLIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSAIEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability Policy excludes claims arising out of the performance of professional services. RE. ALL OPERATIONS OF THE NAMED INSURED Professional services- City of Kent Transportation Master Plan Phase 2,SE08-0080. General Liability: (See Attached Descriptions) CERTIFICATE HOLDER ADDITIONAL INSURED,INSURER LETTER CANCELLATION SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF, THE ISSUING INSURER WILL XXXarf MXjP MAIL-10 DAYSWRI-ITEN Attn: Ms. Nancy Yoshitake NOTICETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT,BKxWAX=)WXj 9X)(XXXX 400 W. Gowe w►eceaxWAXKX)eAXXkXMx(r KXAXAXXMXxXoetmaANIXx9uMXY&AOCM=x Kent,WA 98032-0000 AX09 sXX Xx AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 2 #M260286 NMF 0 ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) See Additional Insured endorsement attached General Liability/Auto Liability: City of Kent is named additional insured; Primary/Non c, butory. AMS 25.3(07197)2 of 2 #M260286 � i - P Insured:Fehr& Peers • Insurer:Hartford Casualty Insurance Co. Policy Number: 57SBAVA1664 Policy Dates:November 1,2009—November 1,2010 EXCERPTS FROM, Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C.WHO IS AN INSURED 6.Additional Insureds When Required By Written Contract,Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a through f below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit f Any Other Party (1)Any other person or organization who is not an insured under Paragraphs a through e above, but only with respect to liability for"bodily injury, "property damage" or"personal and advertising injury"caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you, or (c)In connection with 'your work" and included within the "products-completed operations hazard, but only if (i)The written contract or written agreement requires you to provide such coverage to such additional insured, and (u)This Coverage Part provides coverage for"bodily injury" or"property damage" included within the "products-completed operations hazard. (2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to `Bodily injury, "property damage"or"personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies a.As if each Named Insured were the only Named Insured, and b. Separately to each insured against whom a claim is made or"suit" is brought E.7.b.(7).(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage EXCERPT FROM Hartford Form SS 04 38 06 01 HIRED AUTO AND NON-OWNED AUTO B With respect to the operation of a "non-owned auto",WHO IS AN INSURED is replaced by the following The following are "insureds" d Anyone liable for the conduct of an "insured", but only to the extent of that liability. REQUEST FOR MAYOR'S SIGNATURE • Please FIII in All Applicable Boxes KENO This W ASHIN GTON form must be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Cathy Mooney Phone (Originator) 5564 Date Sent 2/10/10 Date Required 2/17/10 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12131/10 VENDOR NAME: Fehr& Peers, Inc (formerly Mirai) DATE OF COUNCIL APPROVAL: 5/20/08 Brief Explanation of Document The attached Amendment No 2 to the Transportation Master Plan Phase 2 agreement is necessary to extend the time for completion to December 31, 2010 to allow Fehr& Peers additional time for project administration and to serve as liaison to City staff during implementation For an explanation why an extension is necessary, see the attached from Cathy Mooney All Contracts Must Be Routed Through the Law Department (This Area to be Completed 6y the Law Department) Received- R F'U^ t Approval of Law Dept : FEB E 0 ?U1(t j 1 Law Dept Comments. - I _ _y� I, p 1Z ��i t �r�1+v i.��:e � � I ��( I f1 14tAVED Date Forwarded to Mayor Shaded Areas to Be Completed by Administration Staff ^I of lfart%T Received: Office of the tdMayOr Recommendations & Comments: y /XCZ-4 Disposition: /0 ot�jS/10 PA s Date Returned• Iage 5870_tempIatebase 207