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PW16-222 - Amendment - #1 - Altus Traffic Management LLC - S 228th St UPRR Grade Separation - 05/25/2017
40 00�,111Z 6e lecords M a,"11'1'n,,/,?,,/� KENT 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: Altus Traffic Management LLC Vendor Number: JD Edwards Number Contract Number: VW Ili This is assigned by City Clerk's Office Project fame: S. 228'"' St, UPRR Grade Separation Description: ❑ Interlocal Agreement El Change Order 0 Amendment ❑ Contract El Other; Contract Effective Date: 5/25/17 Termination Cate: 9/30/1.8 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Susanne Smith Department: Engineering Contract Amount: 50.00 Approval Authority: (CIRCLE ONE) CDepartment Director` Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extended the time of completion to September 39, 2018. As of: 08/27/14 • KENT W A S H I N 6 T O N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Altus Traffic Management LLC CONTRACT NAME & PROJECT NUMBER: S. 2281h St. UPRR Grade Separation ORIGINAL AGREEMENT DATE: May 25, 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: No change to the scope of work, however an amendment is needed to extend the time of completion to September 30, 2018 because the project is being built in phases and traffic control plans are needed for future phases. 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, $4,500.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $4,500.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $4,500.00 AMENDMENT - 1 OF 2 Original Time for Completion 6/1/17 (insert date) Revised Time for Completion under 11/a prior Amendments (insert date) Add`I Gays Required ( ) for this 486 calendar days Amendment Revised Time for Completion 9/30/1.8 (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. CONSUL-ANT/VJENDOR: ___ .... ...... __ CITY F KENT: By: - y sign ure) {sl nature) Print ame: C °" ?, Print flame: Timothy J. LaPorte, P.E. Its Its Public Works Director DATE: >—, t+(t,ti DATE: APPROVED AS TO FORM: (applicable if Mayors signature required) Kent Law Department Aim-228"UPRR Grade Sep Arnd I/Sm th AMENDMENT - 2 OF 2 CERTIFICATE OF LIABILITY INSURANCE DAT 6NDDlYYYY) osr12r201s ';JIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS ERTIFICATE 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(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions 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 endorsement(s). PRODUCER CONTACT East Coast Global Insurance LLC PHONE 603 842-5968 Fax 603 842-6971 340 Central Avenue E-MAIL marcw ec illc.com Suite 204 INSURERISI AFFORDING COVERAGE NAIC p Dover NH 03820 INSURER - Tokio Marine Specialty Insurance Company INSURED INSURER B: Liberty Mutual Insurance Company Altus Traffic Management LLC INSURER C:Texas Mutual Insurance Company 511 Compton Ave INSURER D: Irving,TX 75061 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR TYPE OF INSURANCE DDL SUBR POLICY EFF POLICY EXP POLICYLTRI NUMBER LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1 00O 000 A CLAIMS-MADE OCCUR DAMAGE TO RENTED $1 OO OOO x Stop Gap x x PPK1353445 06/14/2016 06/14/2017 MED EXP(Any oneperson) $10 000 PERSONAL 8 ADV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2 000,000 POLICY PE� � LOC PRODUCTS-COMP/OP AGG s 2 000 ODO OTHER, $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1 OOD OOO B I ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS x x AS6-Z11-261615-015 06/14/2016 06/14/2017 BODILY INJURY(Per accident) $PR HIRED AUTOS NON-OWNED OPERTY DAMAGE s AUTOS S x UMBRELLA LIAR NX OCCUR EACH OCCURRENCE 10,000,000 A EXCESS LIAR CLAIMS-MADE X X PUB503776 06/14/2016 06114/2017 AGGREGATE $10,000,000 DED I I R TNT N $ WORKERS COMPENSATION x PER OTH- AND EMPLOYERS'LIABILITY 'TATUTr ER ANY PROPRIETORIPARTNERIEXECUTIVE YIN E.L.EACHACCIDENT $1,OOD 000 C OFFICERIMEMBEREXCLUDED) NIA x 1254509 06/22/2016 06/2212017 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1 000,000 IfeDyS RIPTiON nbe u F 0 ERATIONS below E,L DISEASE-POLICY LIMIT I S 1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) The City of Kent shall be named as an additional insured on all policies(except Professional Liability)as respects work performed by or on behalf of the Consultant. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE <LW> NYoshitak KentWA. ov ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Altus Traffic Management POLICY NUMBER: AS6-Z1 1-26161 5-01 5 COIVM::RCIALAUTO CA 20 48 10 13 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 the endorsement. This endorsement identifies person(s) or organization(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. SCHEDULE Name Of Person(s) Or Organization(s): Refer to Designated Insured Schedule i I i I i 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.1. of Section II - 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. CA 20 48 10 13 0 Insurance Services Office, Inc.,2011 Page 1 of 1 Policy Number AS6-Z11-261615-015 DESIGNATED INSURED SCHEDULE Applicable to: CA 20 48 02 99, CA 20 48 10 13, MM 99 50 04 11, MM 99 50 10 13 Name of Person(s) or Organization(s) Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement,and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. ACS 20 05 1013 B ,,2013 Liberty Mutual Insurance. All rights reseNed. Page 1 of 1 r ♦ . Altus Traffic Management Policy#PPK1353445 COMMERCIALGENERAL LIABILITY CG 20 38 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided underthefollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured: additional insureds, the following additional 1. Any person or organization for whom you are exclusions apply: performing operations when you and such This insurance does not applyto: person or organization have agreed in writing 1, "Bodily injury", "property damage" or "personal in a contract or agreement that such person or and advertising injury" arising out of the organization be added as an additional insured rendering of, or the failure to render, an on your policy;and y professional architectural, engineering or 2. Any other person or organization you are surveying services,including: required to add as an additional insured under a. The preparing, approving, or failing to the contract or agreement described in prepare or approve, maps, shop drawings, Paragraph 1.above. opinions, reports, surveys, field orders, Such person(s) or organization(s) is an additional change orders or drawings and insured only with respect to liability for "bodily specifications;or injury", "property damage" or "personal and b. Supervisory, inspection, architectural or advertising injury"caused, in whole or in part, by: en g!nee ring activities. a. Your acts or omissions;or This exclusion applies even if the claims against b. The acts or omissions of those acting on any insured allege negligence or other wrongdoing your behalf; in the supervision, hiring, employment, training or in the performance of your ongoing operations for monitoring of others by that insured, if the the additional insured. "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused However, the insurance afforded to such the "personal and advertising injury", involved the additional insured described above: rendering of, or the failure to render, any a. Only applies to the extent permitted by law; professional architectural, engineering or and surveying services. b. Will not be broader than that which you are 2. "Bodily injury" or "property damage" occurring required by the contract or agreement to after provide for such additional insured. a. All work, including materials, parts or A person's or organization's status as an equipment furnished in connection with additional insured under this endorsement ends such work, on the project (other than when your operations for the person or service, maintenance or repairs) to be organization described in Paragraph 1. above are performed by or on behalf of the additional completed. insured(s) at the location of the covered operations has been completed;or CG 20 38 0413 0 Insurance Services Office,Inc.,2012 Page 1 of 2 b. That portion of "your work"out of which the 2. Available under the applicable Limits of injury or damage arises has been put to its Insurance shown in the Declarations; intended use by any person or organization whichever is less. other than another contractor or This endorsement shall not increase the subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.;or Page 2 of 2 ©Insurance Services Office, Inc.,2012 CG 20 38 0413 PI-MANU-1 (01/00) Policy#PPK1353445 Altus Traffic Management THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CG 2037 (04/13) AI- Completed Operations This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) : As where required by written contract prior to loss. Location And Description Of Completed Operations: All locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(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 described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard" . However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: All other terms and conditions of this Policy remain unchanged. Page 1 of 2 PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this Policy remain unchanged. Page 2 of 2