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Home My WebLink AboutPW08-140 - Amendment - #4 - Fehr & Peers, Inc. - Transportation Master Plan Phase 2 - 12/30/2010 Records M ,ap,-a` geme6t�, TDocument WASH ING TON z�c 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: JD Edwards Number Contract Number: pv.` O$— �4O This is assigned by City Clerk's Office Project Name: Transportation Master Plan Phase 2 Description: ❑ Interlocal Agreement ❑ Change Order ® Amencjment ❑ Contract ❑ Other: Contract Effective Date: Date of the Mayor's signatureTermination Date: 6/30/11 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.): Continue to review and rework the financial forecasts associated with transportation funding analysis and recommendations to the City for funding the Transportation Master Plan. S.Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WA.N1MG10M AMENDMENT NO. 4 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: Continue to review and rework the financial forecasts associated with Transportation Funding analysis and recommendations to the City for funding the Transportation Master Plan. For a description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. 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 $124,400.00 including applicable WSST Current Contract Amount $329,053.00 including all previous amendments Current Amendment Sum $9,000.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $3389053.00 AMENDMENT- 1 OF 2 f 1 _9 Original Time for Completion 12/31/09 (insert date) Revised Time for Completion under 12/31/10 prior Amendments (insert date) Add`] Days Required (t} for this 181 calendar days Amendment Revised Time for Completion 6/30/11 (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` !L?y �v�G'/"`� By: ` (signature) / (signature) Print Name: -, tea ! Pr' t am Suzette Cooke Its �� In p Mayor (title), DATE: 12 tZ-71/0 _ DATE: APPROVED AS TO FORM: (applicable �if�Mayor`s signature required) Kerk Law Department Fehr&Peen-TMP Ph 2 Amd 9/140MOY AMENDMENT - 2 OF 2 Exhibit A - Scope of Work Consultants will review and rework the financial forecasts associated with Transportation Funding analysis and make recommendations to the City for funding the Transportation Master Plan capital projects, including various railroad grade separations. They will also provide research and advice on funding mechanisms for maintenance and preservation of the existing transportation network. Consultants will continue to work on traffic signal systems coordination and on updating the City's Concurrency Management methodology. Consultants will be available to make presentations and/or answer questions at Public Works Committee or Council Workshops. Budget: $9,000.00 Client#- 13635 FEHRPEERS DATE(M AC-OR CERTIFICATE OF LIABILITY INSURANCE 12/03110om1 R� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton&Associates NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O Box 12675 ER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 INSURERS AFFORDING COVERAGE 510 465-3090 INSURED INSURER Hartford Casualty Insurance Co. Fehr&Peers R B Hartford Underwriters Ins Co 100 Pringle Ave,Suite 600 ��TY OF E I ERC XL Specialty Insurance Co. Walnut Creek, CA 94596 ENGINEERING RD NSURER E 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 POLICY EFFECTIVE POLICY EXPIRATION INSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDm DATE MMIDDm LIMITS LTR A GENERAL LIABILITY 57SBAVA1664 11/01/10 111/01/11 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERA!-LIABILITY FIRE DAMAGE(Any one fire) $1000000 CLAIMS MADE GCCJR PIED EXP(�^y one pe-son) $10 000 X Contractual PERSONAL&ADV INJURY $1 000 000 Liability GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER PRODUCTS -COMPIOPAGG $2 000 000 POLICY X PR07 LOC A AUTOMOBILE LIABILITY 57SBAVA1664 11/01/10 11/01/11 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) ANY AUTO ALLOWNEDAUTOS BODILY INJURY $ (Per person) �SCHEDULED AUTOS X HIREDAUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ A EXCESSLIABILITY 57SBAVA1664 11/01/10 11/01/11 EACH OCCURRENCE $5000000 X OCCUR F—ICLAIMS MADE AGGREGATE $5 000 000 DEDUCTIBLE $ RETENTION $ $ B IWORKERS COMPENSAl10NAND 57WEK06130 05101/10 05101/11 X wcYTI orH- EMPLOYERS'LIABILITY EL EACH ACCIDENT _ $1,000,000 EL DISEASE-EAEMPLOYEE $1,000,000 EL DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional DPR9688845 12/06/10 12/06/11 $2,000,000 per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL 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 I ADDITIONAL INSURED,INSURER LETTER CANCELLATION SHOULD ANYOF THE ABOVE D ESCRIS ED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF, THE ISSUING INSURER WILL XXRW MX7p MAIL 3D__DAYSWRITTEN Attn MS Nancy Yoshitake NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,BXRWX,)hRX)rIC9X"J0tXXXX 400 W Gowe taeaaxio�xmxxxLxxxxoawxoe�mamaxx> cL �o�Dc Kent,WA 98032 >�JcsxxTxx AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 2 #M276856 NMF 0 ACORD CORPORATION 1998 DESCRIPTIONS (Continued from Page 1) See Additional Insured endorsement attached General LiabilitylAuto Liability Additional Insured City of Kent Insurance is PrimarylNon- contri butory. AMS 25.3(07197)2 of 2 #M276856 Insured: Fehr&Peers Insurer:Hartford Casualty Insurance Co. Policy Number: 57SBAVA1664 Policy Dates:November 1,2010—November 1,2011 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 (i)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. i 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 Fill in All Applicable Boxes KENO VYASHINOiON This 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, 12/23/10 Date Required 12130/10 Return Signed Document to. Nancy Yoshitake CONTRACT TERMINATION DATE: 6130111 VENDOR NAME: Fehr& Peers, Inc DATE OF COUNCIL APPROVAL: 5120l08 Brief Explanation of Document- The attached Amendment No 4 to the Transportation Master Plan Phase 2 agreement is necessary so the consultant can continue to review and rework the financial forecasts associated with transportation funding analysis and provide recommendations to the City for funding the Transportation Master Plan For further explanation see the attached from Cathy Mooney 7 All Contracts Must Be Routed Through the Law Department + (This Area to be Completed By the taw Department) ] ", _, Received: DEC 2 7 2010 City Of Kent O Approval of Law Dept• `EPT fflce Of theMayQr Law Dept Comments: o' iW �u Date Forwarded to Mayor: Shaded Areas to Be Completed by Administration Staff Received: D t Q Recommendations & Comments: Disposition. / wzl CITY OF KPO cl;r CL[SA Date Returned: Iage5870_tempiatebase • 2/07