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HomeMy WebLinkAboutPW16-412 - Amendment - #1 - David Evans and Associates, Inc. - BNSF Railroad Quiet Zone - 05/17/2017 r ✓r r r r ri it %1%i r'�1i / riv�%/rh � rr r,il�rr,„„✓r�i/r i�,a a!;/r�rii�/j/ir�r�, 4 ed cords Ma: /,/ r r ,ti �r r DocumentKENT WASHNrTON rr 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 Dame: David Evans and Associates, Inc. Vendor dumber: JD Edwards Number Contract dumber: Po � - 1")- - 00a- This is assigned by City dark's Office Project darner Railroad Grade Crossing Improvements Description: El Interlocal Agreement ❑ Change Order 123 Amendment ❑ Contract Other: Contract Effective Date: /17/17 Termination Gate: 1.2/ 1/17 Contract Renewal Notice (mays): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Peterson Department: Engineering Contract Amount: 0.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e address, location, parcel number, tax id, etc.): Provide design services for improvements at four grade crossings. As of: 08/27J 1a • KEN T WASHIHOTON AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: David Evans and Associates, Inc. CONTRACT NAME & PROJECT NUMBER: Railroad Grade Crossing Improvements ORIGINAL AGREEMENT DATE: November 22, 2016 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: Provide design services for improvements at four grade crossings. For a description, see the Consultant's 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, $83,133.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $83,133.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $83,133.00 AMENDMENT - 1 OF 2 Original Time for Completion 9/30/17 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'l Days Required for this 92 calendar days Amendment Revised Time for Completion 12/31/17 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this, Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed!, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By:- (signature) (signature) Print Name: Print Name, Timothy 3. LaPorte, P.E. Its wc-?A-EE Its Public Works Director (title) gitle) DATE: I DATE: -9Y r 7 /Z-0 -7 APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department DavW Evans&Associates-RR Qvjet Zone 2 Amd I/Peter$On AMENDMENT - 2 OF 2 f10 a � o DAVID EVANS ANDASSOCIATES INC. Scope of Services and Fee Proposal City of Kent Railroad Grade Crossing Improvements Supplement No. I Exhibit A At the request of the City of Kent(CITY), David Evans and Associates Inc. DEA is revising the scope of services to q Y � �, (DEA) g p provide design services for improvements at four grade crossings and fencing at select locations along the railroad right- of-way. The following describes the revised services that DEA will perform for the CITY under this Supplement. All other scope items from the original contract shall remain unchanged. TASK 2 Design Task 2.1 —30% Design Identify fence location east west of the railroad tracks to prevent pedestrian trespass between Gowe Street &Titus Street. The feRGe desigR shall preG!ude use ef the asphalt path as an i dFiveway te aGGeG6 TitUS St but allow Kent Gypsum to have fWklift aGG966 te unlead FailGaFS GFI siding tFael, DEA will coordinate with BNSF property management to determine the appropriate process for approval of fencing. Fencing will be assumed to be a decorative fence with steel posts, similar to the Sound Transit"Estate"fence. Design of fence will be coordinated with key downtown business interests and Economic and Community Development Department. This scope of work assumes two fence design revisions to accommodate stakeholder comments. This scope of services does not include any architect design for fence pillars. This scope of services does include design of basic square brick pillars at each end of the fence if requested by the City. TASK 4 Technical support for Quiet Zone NOI —BNSF Crossings DEA will assist the CITY in preparing an NOI for Quiet Zone for the BNSF tracks between 2121h Street and 2591h Street. This work will include reviewing existing documents, such as the Crossing Safety Diagnostic, providing technical advice to the CITY regarding process issues related to the NOI, completing the FRA Quiet Zone Calculator and assisting the CITY in preparing the NOI. DEA will also assist the CITY in meetings with the WUTC. TASK S Traffic Counts DEA will secure the services of a traffic count vendor to obtain current ADT traffic volumes for the following locations: BNSF Grade crossings at: S. 212th Street S. James Street Smith Street Meeker Street Gowe Street Titus Street Willis Street S. 259th Street e Scope of Services and Fee Proposal Kent Grade Crossings Page 2 ITEMS AND SERVICES TO BE FURNISHED BY CITY CITY will provide the following items and services to DEA. DEA is entitled to rely on the accuracy and completeness of the items and services furnished by the CITY. 1. Crossing Safety Diagnostic Reports TIME FOR PERFORMANCE The project completion date is extended to December 31, 2017. P:1CICKTX000000091000000N\Proposal\Kenl Grade Crossing Scope of Work-Supplement i.docx ACO CERTIFICATE OF LIABILITY INSURANCE oATa(MMIDDmm 12/1/2017. 11/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and condlt(ons of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER Lockton Companies , 444 W.47th Street,Suite 900 PH cNo AX Kansas City MO 64112-1906 (816)960-9000 INSURER AFFOROING COVERAGE NAIL I INSURERA-Zurich American Insurance Nifinany 16535 INSURED DAVID EVANS AND ASSOCIATES,INC. INSURER S:Endurance American Insurance Company 10641 1421211 2100 SW RIVER PARKWAY ..........NauRERc_____LlOyds Qf LQ11110 PORTLAND OR 97201 143URER D: INSURER B t INSURER F t COVERAGE&.:-:AEAINOL CERTIFICATE NUMBER:.. j'' REVISION NUMBER: xxxxxxx 'THIS IS TO CERTIFY THAT 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,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INUR LTRTYPE OF INSURANCEAWUL U SUMo C LIMITS A. X COMMERCIAL GENERAL Lwaarnr Y N OLO 9830389 i IVII2016 12/1/2017 EACH OCCURRENCE S S1 000 000 CLAIMS-MADE Q OCCUR P S $300,000 MED EXP(Any one person S $10 000 PERSONAL S ADV INJURY S RQ0,00Q GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S $2000000 POLICY a jECa ❑LOC PRODUCTS-COMPIOPAGO IS $2.000.000 OTHFA: I S A AUTCMOBa9Lt4eanY Y N BAP 9830390 12/1/2016 12/1/2017 I 1 $ $I 000 000 ANY AUTO BODILY INJURY(Per person) S y,?CJ=X OWNED F7 SCHEDULED BODILYINJURY(Parsoddenl) S AUTOHIRED S ONLY N NO-OWNED I S¢ 8111 Ix AUTOS ONLY x AUTOS ONLY I S xxxxxxx 1 s XXXXXXX HI UMBRELLA LIAO ocnuR Y N EXC10005994302. 12/1/2016 IVIt2017 EACH OCCURRENCE $.2 ,000,000 J( E%OESSLIAB CLAIMS-MADE AGGREGATE S 2,000,000 DEC RETENTIONS S XXXXXXX A' WORKERS COMPENSATION AND EMPLOYERS,UABIUTy N-N WC 9336626 f 12/1/2016 12/1/2017 ANY PROPRIETORIPARTNERIEXECUTIYE y EL.EACH ACCIDENT OFFICERIMEMEEREXCLUDED7 NIA .� (Mandatory In NN) i E.L.DISEASE-EA EMPLOYE' 3 I.Q00 o0 If yet,describe PT ON 0 OPERATIONS tallow I E.L.DISEASE-POLICY LIMIT $ 0 C PROFESSIONAL N N LDUSA1604625. 12/la016 12/W017 $2,000,OOO PER CLAIM LIABILITY $4,000,000 AGGREGATE i DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES(ACORD 1e1,AddlSonal Remarks Schedule,may he attached N mom space Is required) + RE:CKTX00000009:BNSF RAILROAD QUIET ZONE-KENT GRADE CROSSING IMPROVEMENTS.THE CITY OF KENT IS AN ADDITIONAL INSURED AS RESPECTS 1 GENERAL LIABILITY AUTO LIABILITYAND UMBRELLMEXCESS LIABILITY,AS REQUIRED BY WRITTEN CONTRACT.THE GENERAL LTABILITYAND AUTO LIABE.ICY COVERAUES ARE PRIMARY,AS REQUIRED BY WRITTEN CONTRACT.THE ADDITIONAL INSUR D V OWN COVERAGE IS EXCESS OF AND NON CONTRIBIL TORY WITH THE OENERAL LIABILITY,AND ON THEAUTO LIABEdTYAS RESPECTS THE USE OF VEHICLES OWNED BY DAVID EVANS& ASSOCIATES,INC.WHERE REQUIRED BY WHITEN CONTRACT I CERTIFICATE HOLDER CANCELLATION See Aliachn4ents: 14370484 CITY OF KEN[` SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE A'I"IN:NANCYYOSHITAKE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 WEST GOWE ACCORDANCEWITH THE POLICY PROVISIONS. KENT WA 98032 AUTHORRED RIORESENTA V�v ®198OL9018 ACORD CORPORATION. All rights reserved, ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD i i I POLICY NUMBER:GL09830389 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS , SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organlzatlon(s) cations Of Covered Operations Any person or organization to whom or to which Any location where you have agreed, through ou are requited to provide additional insured written contract, agreement of permit, to tatus in a written contract or written agreement provide additional insured coverage, except except where such contract or agreement Is where such contract or agreement is prohibited by law, prohibited by law. Information required to com lets this Schedule If not shown above will be shown in the Declaratlons... . A.Section 11 -Who Is An Insured is amended to B. With respect to the insurance afforded to these Include as an additional Insured the person(s) additional insureds, the following additional or organizations) shown In the Schedule, but exclusions apply: only with respect to liability foe"bodily Injury", This Insurance does not apply to"bodily injury" "property damage"or"personal and advertising or"property damage"occurring after. Injury"caused,in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions;or equipment furnished in connection with 2. The acts or omissions of those acting on such work, on the project (other than your behalf; service, maintenance. or re airs) to be In the performance of your ongoing operations pado`rmed by or 6n behalf of the additional for the additional insured(s) at the locations) insured(s),at thecovered location .of the designated above. operations has been completed;or However. 2. That portion of"your work" out of which the Injury or damage arises has been put to its 1. The Insurance afforded to such additional Intended use by any person or organization Insured only applies to the extent permitted other than another contractor or by law;and subcontractor engaged In If coverage provided to the additlonai insured is iperforming 9 P operations for a principal as a part of the required by a contract or agreement,the Insurance same project. f afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. i Miscellaneous Attachment:M50333 7 Certificate ID: 14370484 I i C. With respect to the Insurance afforded to these 2. Available under the applicable Limits of additional Insureds, the following is added to Insurance shown in the Declarations; Section III-Limits Of Insurance: whichever Is less. If coverage provided to the additional insured Is This endorsement shall not Increase the required by a contract or agreement, the most applicable Limits of Insurance shown In the we will pay on behalf of the additional Insured Is Declarations the amount of insurance: 1. Required by the contract or agreement;or i i Miscellaneous Attachment:M503337 Certificate ID: 14370484 C.With respect to the Insurance afforded to these 2.. Available under the applicable Limits of additional insureds, the following Is added to Insurance shown in the Declarations; Section III-Limits Of Insurance: whichever Is less. If coverage provided to the additional Insured is This endorsement shall not increase the required by a contract or agreement, the most applicable Limits of Insurance shown in the we will pay on behalf of the additional Insured Is Declarations the amount of insurance: 1.Required by the contract or agreement;or 1 I i I i I N iscellaneousAttachment:M503337 Certificate ID:14370484 I i POLICY NUMBER: GLO 9830389 COMMERCIAL GENERAL LIABILITY CG 25 03 05 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: THE GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS,HOWEVER,A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. A.For all sums which the insured becomes legally obligated to pay as damages caused by'occurrences" under COVERAGE A(SECTION t),and for all medical expenses caused by accidents under COVERAGE C(SECTION I),which can be attributed only to ongoing operations at a single designated construction project shown In the Schedule above: 1.A separate Designated Construction Project General Aggregate Limit applies to each designated construction project,and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A,except damages because of"bodily Injury"or"property damage"included in the"products-completed operations hazard",and for medical expenses under COVERAGE C regardless of the number of: a.Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits". 3.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project.Such payments shall not reduce the General Aggregate Limit shown In the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown In the Schedule above. 4.The limits shown In the Declarations for Each Occurrence,Fire Damage and Medical Expense l continue to apply. However,Instead of being subject to the General Aggregate Limit shown In the Declarations,such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. Miscellaneous Attachment:M463790 Certificate Al:14370484 B. For all sums which the Insured becomes legally obligated to pay as damages caused by"occurrences" under COVERAGE A(SECTION I),and for all medical expenses caused by accidents under COVERAGE C(SECTION I ),which cannot be attributed only to ongoing operations at a single designated construction project shown In the Schedule above: 1.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit,whichever Is applicable;and 2.Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C.When coverage for liability arising out of the"products-completed operations hazard"Is provided,any payments for damages because of"bodlly Injury"or"property damage"included In the"products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D.If the applicable designated construction project has been abandoned,delayed,or abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs, specifications or timetables,the project will still be deemed to be the same construction project. E.The provisions of(SECTION III)-Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG25030509 © Insurance Services Office,Inc.,2008 i Miscellaneous Attachment:M463790 Certificate M: 14370484 B.For all sums which the Insured becomes legally obligated to pay as damages caused by"occurrences" under COVERAGE A(SECTION I),and for all medical expenses caused by accidents under COVERAGE C(SECTION I),which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit,whichever Is applicable;and 2.Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C.When coverage for liability arising out of the"products-completed operations hazard"Is provided,any payments for damages because of"bodily injury"or"property damage"Included in the"products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned,delayed,or abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs, specifications or timetables,the project will still be deemed to be the same construction project. E.The provisions of(SECTION III)-Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 05 09 © Insurance Services Office,Inc.,2008 i I i i I Miscellaneous Attachment:M463790 Certificate ID: 14370484 j i a i I POLICY NUMBER: BAP 9830390 COMMERCIAL AUTO CA 20 46 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED, INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies Insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement Identifies person(s)or orgenizatlon(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form.This endorsement does not alter coverage provided In the Coverage Form. This endorsement changes the policy effective on the Inception date of the policy unless another date is Indicated below. Named Insured;See attached Certificate Endorsement Effective Date: 121112 16 SCHEDULE i Name of Persons) or Organization(s): Any person or organization to whom or which you are required to provide additional Insured status In a written contract or written agreement executed prior to the loss,except where such contract or agreement is prohibited by law. Information required to complete this Schedule, If not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an"Insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an"Insured" under the Who Is An Insured provision contained In Paragraph A.I. of Section 11 - Covered Autos Liability Coverage In the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form i i Miscellaneous Attachment:M503359 Certificate ID: 14370494 CA CA 20 48 10 13 O Insurance Services Office, Inc., 2011 Page 1 of 1 I