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HomeMy WebLinkAboutPW18-465 - Amendment - #2 - Transportation Master Plan Agreement Routing Form KENT For Approvals, Signatures and Records Management WAS.HINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for April Delchamps Department: Public Works Date Sent: 7/23/19 Date Required: 7/25/19 �o c Authorized Director or Designee Date of CL to Sign: Council N/A aMayor Approval: Budget R00062 Grant? Yes V No Account Number. Type: N/A Vendor Name: Fehr & Peers, Inc. Category. Contract Vendor Sub-Category o Number. 199013 g y Amendment M Project E Name: Transportation Master Plan 0 = Project Details: Continue to provide assistance with the City's Transportation Master Plan. c EAgreement $0 Basis for y Amount: Selection of Contractor: a Start Date: 7/18/19 Termination Date: 10/31/19 Notice required prior to Yes No disclosure? Contract Number: Date Received by City Attorney: Comments: 011 c 0 0 oc N >V 3 f0 p� Date Routed to the Mayor's Office: CE N d Date Routed to the City Clerk's Office: JUL 2 3 2019 Date Sent to Originator: CITY OF KFNT Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373 6 19 • KENT WASH I N G TO N AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Fehr & Peers. Inc. CONTRACT NAME & PROJECT NUMBER: Transportation Master Plan ORIGINAL AGREEMENT DATE: December 17, 2018 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 provide assistance with the City's Transportation Master Plan and extend the time for completion to October 31, 2019. 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, $48,920.00 including applicable WSST Net Change by Previous Amendments $18,600.00 including applicable WSST Current Contract Amount $67,520.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $67,520.00 AMENDMENT - 3 OF 3 Original Time for Completion 3/28/19 (insert date) Revised Time for Completion under 4/30/19 prior Amendments (insert date) Add'1 Days Required (f) for this 184 calendar days Amendment Revised Time for Completion 10/31/19 (insert date) The parties acknowledge that the Agreement terminated by its own terms on April 30, 2019. However, the City and Consultant express their mutual intent and desire to reinstate the Agreement; extend its term through October 31, 2019; and amend the work to include additional duties to be performed in accordance with the same provisions set forth in the original Agreement, except as modified within this Amendment. 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/VE R: CITY OF KENT: 0 By: B (signature) (signature) Print Name: re-i Lr !�r-z. Print Name: Timothy J. LaPorte, P.E. Its T�^"� �_»- l Its Public Works Director (title) (ti ) DATE: -1- - `mot DATE: -Z AMENDMENT - 2 OF 3 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) KenV Cit Clerk IKent Law Department Fehr&Peers-TMP 2 Amd 2/Delchamps AMENDMENT - 3 OF 3 FEHR&PE-01 AC' �._._ CERTIFICATE OF LIABILITY INSURANCE DATE(MM,DMYYYY"NA_1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. 9 IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 endorse certain). nso#OE67768 "_-'PRODUCER C N L1co ACTNaomi, I IOA Insurance Services N M ackson - »-" PHONE ,....,- Suit'387 Hopyard Road A c,No Eat:(925)660-3998 Paz SU{to 200 E•MA7L _ �tAtC,NoJ Pleasanton,CA 94588 ADORESS,_Naomi.Jackson c�ioausa.com INSURER(S)AFFORDING COVERAGE NAIC p INSURERA RLI Insurance Company 13056 INSURED ..... -... ._.. ... INSURERs-Hartford Insurance Company of the Mid '37478 Fehrri Peers 100 Pringle Avenue,Suite 600 INSURER C;Liberty Insurance Underwriters, Inc 19917 ' Walnut Creek,CA 94596 INSURERD, INSURER E ...____ .._ _.� .. - INSURER F COVERAGES " - _ CER7lFICAiE NUMBERS _ o - - - _ _ _ REVISION NUMBER: THlS IS TO CERTIFY ?'HAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERT 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 _ tAotx SUER - _, t TYPE OF INSURANCE t ---- - -- "{`�-"-' _ ----- �,tt( + POLICY NUMBER POLICY EPF ` POLICY E%P '- ---- - - __._ __ 1MMff2tttYYxylithlMLUS�i1!Y77. LIMITS A I X COMMERCIAL GENERAL LIABILITY I - _ raCsioecuRzEr?G—E ��S µ 1 000,000�iAiNs MADE X occuR i IPSB0006683 DAMAGE E TC,RENTED .. i - 12/06/2018 12/06/2019 �!361Lef5�.(Exessv!tea s, 1,000,000 I I:PERs XNA(A8r1DV 1,000 000 rrENL AGGREGATE LIMIT APP4_JP9 PER POLICY; X i JECT i ...j LOC I 1 GENE tAl AGGR TE 2,000,000 A OTHt R I i I P R tuc s_COMProPncG s 2,000,0001 AUTOMOBILE LIABILITY y-----a---- �aMtS� 14 fNGLE° Mit $ ' ANY ALTO 1,000, PSA0002276 12/06/2018; 1 2/0 612 01 9 OWNED i SCHEDULED 1 I _FipggYINIV6yjf rPlB")1, 1 S AUTOS ONLY !AUTOS tt X ` REp X N ppyvyy������pp BODILY IN URY accident)i A�'70S ONLY ;Ait�'OS ONLY z ! POPERTY Q- _... S.�3 ` i 3 { Cr e[-Otlfxfl} i S MADE A ;UMBRELLA LlAB X OCCUR _ - ...r... _ ;S X EXCESS LIAR !CLAIMS MADE` tPSE0002889 E.aCH QCCURRENCE 5,000,0 12/osnola lvos/zo19 `S t -.- � 5,0 00Q DEL RETENTION S i I AU GkT GRCE 00 B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY = I � )YIN , �"'�'�• "" X R 4 _ �"$ RMFI ECUTIVEANY PRO R1erOuPARTNER/EX EXCLUDED? 57WEGZJ1989 Rr:rnCtlFuary nN OS/01/2018 05101/2019 rA H _9QPkNT $ 1,000,0001 itI"$.describe umjor iS I I�FT +r OF t PE£2ATIONS b0ow S E 1,000,0001 DISEASE EA EMPLOYEFy S C ,Pro SSIOnaI Liab. �AE - - 3 _ 8 _`.___55-Eim 1,000,000iXNY- F C Professional Liab. 12/06I2019 Per Cla AEXNYABEFJ2003 3 3,000,000 I ; I 1 210 6/2 0 1 8; 1 2/0 612 01 9'Aggregate i 3,000,000 DESCRFPTiQN OF OPERATION$/LOCATIONS!VEHICLES (ACORD 107 Additional Remarks Schedule,may be attached it more apace le required) E:SE18-0647.00 I Kent Transportation Master Plan -'-- 1Afl Operations of the Named Insured,including the aforementioned project,if any. General Liability:Please see blanket Additional Insured endorsement attached;such coverage is Primary and Non-Contributory with Waiver of Subrogation included,as required per written contract. Auto Liability: Please see blanket Additional insured endorsement with Waiver of Subrogation included,as required per written contract. (Workers'Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement,as required per written contract. GENERAL LIABILITY&AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S)OR ORGANIZATION(S):City of Kent as required per written contract -- CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. - City Of Kent AUTHORIZED REPRESENTATIVE I 220 Fourth Avenue South -__-_.._.___KonL..YYA_9.8Q3Z ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. A11 r gserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSE30006683 RLI insurance Company Named Insured:Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION 11— LIABILITY I. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional Insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. In the performance of your ongoing operations; a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by another endorsement to this policy. We waive any rights of recovery we may have b. This insurance does not apply to the renderin against any person or organization because of 9 payments we make for "bodily injury" "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed b y you, on your c. This endorsement does not increase any of the behalf, under a contract or agreement rwth that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance_ where you have agreed to do so as part of a 3. The following is added to SECTION III H.2. Other contract or agreement with such person or Insurance — COMMON POLICY CONDITIONS injury"gai or "property properon ty damage red into "Occurs, or thehpebonlal (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) and advertising injury"offense is committed. However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0002276 RLI Insurance Company Named Insured: Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair-Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage Loss Of Use L. Hired Car-Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition -Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition -Railroad Easement Q. Coverage Extensions-Audio, Visual And Data Electiuidu Equipment Nut Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 This endorsement modifies insurance provided under the following, BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured "loss", provided that the "accident" or "loss" arises The following is added to the SECTION 11 — out of the operations contemplated by such contract. COVERED AUTOS LIABILITY COVERAGE, Para- The waiver applies only to the person or graph A.1. Who Is An Insured Provision: organization designated in such contract. Any business entity newly acquired or formed by you E. Employee Hired Autos during the policy period, provided you own fifty 1 The following is added to the SECTION 11 — percent (50%) or more of the business entity and the COVERED AUTOS LIABILITY COVERAGE, business entity is not separately insured for Bus- Paragraph A.1. Who Is An Insured Provision: iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days An "employee" of yours is an "insured" while following the acquisition or formation of the business operating an "auto" hired or rented under a entity. contract or agreement in that "employee's" name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business, organization for which coverage is excluded by endorsement. 2. Changes In General Conditions: B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- The following is added to the SECTION II _ dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: b, For Hired Auto Physical Damage Coverage, Any "employee" of yours is an "insured" while using the following are deemed to be covered a covered "auto" you don't own, hire or borrow in "autos" you own: your business or your personal affairs. (1) Any covered "auto" you lease, hire, rent C. Blanket Additional Insured or borrow; and The following is added to the SECTION II _ (2) Any covered "auto" hired or rented by COVERED AUTOS LIABILITY COVERAGE, Para- your"employee" under a contract in that graph A.I. Who Is An Insured Provision: individual "employee's" name, with your permission, while performing duties Any person or organization that you are required to related to the conduct of your business. include as an additional insured on this coverage However, any "auto" that is leased, form in a contract or agreement that is executed by hired, rented or borrowed with a driver is you before the "bodily injury" or "property damage" not a covered "auto". occurs is an "insured" for liability coverage, but only F. Fellow Employee Coverage for damages to which this insurance applies and only to the extent that person or organization SECTION II — COVERED AUTOS LIABILITY qualifies as an "insured" under the Who Is An COVERAGE, Exclusion B.S. does not apply if you Insured provision contained in SECTION 11 — have workers compensation insurance in-force COVERED AUTOS LIABILITY COVERAGE. covering all of your employees. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the e if SECTION III — PHYSICAL DAMAGE COVERAGE,. additional insured'S own business auto covera you are required to do so in a contract or agreement o Limit Of Insurance, is amended by the addition f t hat is executed b of the following: y you before the "bodily injury" or Property damage"occurs. In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay D. Blanket Waiver Of Subrogation any unpaid amount due on the lease or loan for a The following is added to the SECTION IV — BUSI- covered "auto", less: NESS AUTO CONDITIONS, A. Loss Conditions, 1. The amount 5. Transfer Of Rights Of Recovery Against DAMAGE COVERAGE Paid under the PHYSICAL section of the policy; Others To Us: and We waive any right of recovery we may have against 2• Any: any person or organization to the extent required of a• Overdue lease/loan payments at the time of you by a contract executed prior to any "accident" or the "loss"; PPA 300 03 13 All THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEG ZJ1989 Endorsement Number: Effective Date: o5/o1/18 Effective hour is the same as stated on the information Page of the policy. Named Insured and Address: FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK,, CA 94596 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will riot enforce our right against the person or crganizaticn iarned in the Schedule, (This agreement 3POIes only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED AS REQUIRED BY WRITTEN BY WRITTEN CONTRACT OR CONTRACT. AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM Us, Countersigned by I Form WC 04 03 06 (1) Printed in U.S.A. Authorized-Representative Policy Expiration Date: 05/ol/18