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HomeMy WebLinkAboutCAG2019-350 - Amendment - #1 - Traffic Control Plan Co. of WA, LLC - Traffic Control Plans for 5 Projects - 10/02/2019 Agreement RoutingForm KENT For Approvals,Signatures and Records Management W A S N I N G T O N 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 Susanne Smith Department: Public Works ,. Date Sent: 10/2/19 Date Required: 10/4/19 > Authorized [] Director or Designee Date of 0 N/A C, to Sign: Council �a EJ Mayor Approval: Budget Grant? Yes No Account R20082 Number. Type: N/A Vendor or Name: Traffic Control Plan Co. of Washington, LL Cate 9 Y: Contract = Vendor 1688086 Sub-Category Amendment 0 Number: EProject 76th Ave. S. Road Raising h. Name: 0 c Project Prepare traffic control plans for multiple Design projects. Z Details: s 10 E Agreement 2 625 Basis for a0r Amount: ^ Selection of Contractor: et Start Date: 10/2/19 Termination Date: 12/21/20 Notice required prior to Yes No Contract Number: disclosure. Date Received by CityAttorney: Comments: c a 0 C9 d L p� Date Routed to the Mayor's Office: in y ' Date Routed to the City Clerk's Office: a ar Date Sent to Originator: Visit Uocuments.KentWA.gov to obtain copies of all agreements adccW22373_6_19 • KENT W A S H I N G T O N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Traffic Control Plan Co. of Washington, LLC CONTRACT NAME & PROJECT NUMBER: Traffic Control Plans for Multi I�ojects ORIGINAL AGREEMENT DATE: June 26, 2019 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: Prepare traffic control plans for additional projects not included in the original agreement. For a description, see the Vendor'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, $17,500 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $17,500 including all previous amendments Current Amendment Sum $2,625 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $20,125 AMENDMENT - 1 OF 2 Original Time for Completion 12/21/20 � (insert date) I Revised Time for Completion under n/a prior Amendments i;irsert elate) I i i Add1 Days Required (f) for this A calendar days Amendment -... Revised Time for Completion 12/21/20 j (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-acceierattonr orrsite or-h-on-re office overhead`; or-lost-profits. This-Amerrdment; uni s 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-deer-red 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. j CONSULTANT/VENDOR: � CITY OF KENT. lgnatur• ) { Print Name: t, f ,, Print Name. Timothy J LaPorte. , Its ?� its Public.W rks Director }/ (tive) I DATE:__..f S r (ti e) I DATE: l C� Z 2, ATTEST. i APPROVED AS TO FORM; I (aPPlicabie if,wa yor s signature required) t Kent City Clerk Kent Law Department I F i j ?ur•. arro7 n;rr rye eF l".'a. f K •.a'. .s.Ti;i, AMENDMENT - 2 OF 2 Traffic Control, Phan. Co. of Wig shington, LLC EXHIBIT Ar k`( City of Kent 9/30/2019 400 W Growe St ` Kent, WA 98032 ATTN: Abdulnaser Almaroof Project obiective: 2019 TCP Services — Multiple locations —Amendment No. 1 Key points that Traffic Control Plan Co. of WA, LLC will provide: h O Work on proposed TCP's will not commence until contract has been signed and delivered via email to TCP Co. of WA, LLC herbal notice will not be accepted_ O No charge will be applied to any in-house consultations or pre-cons that are requested. it O Payment terms for providing TCP's for this project shall be NET 30. a Task 1: Prepare Traffic Control Plans Cost for each plan sheet shall be $175.00 per sheet. 15 sheets x $175.00 per sheet = $2,625.00 NOTE: Final cost of package will be determined by the final number of TCP's prepared. /Christopher D Grose R= Plan Engineer/Owner Traffic Control Plan Co. of WA, LLC Traffic Control Plan Co.of WA,LLC O 253 25$ 1419 email:Chas trafficcontrolplan net •; . �r�. ....,;_,;:?...._s,�»,�...>. t:aca mm° .x;;^,.:.�. m�,,...�-». ..\mop >s�.amr. ACOR" CERTIFICATE OF LIABILITY INSURANCE r ATE(MM/DD/YYYY) 09/26/2019 .THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES _LOW. 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 NAME: PHONE FAX xt: A/C No NATIONWIDE SALES SOLUTIONS INC E-MAIL ADDRESS: 1200 LOCUST ST DEPT 2010 INSURERS AFFORDING COVERAGE NAIC# DES MOINES IA 50391-2010 INSURERA: DEPOSITORS INSURANCE COMPANY 42587 INSURED INSURER B: INSURER C: TRAFFIC CONTROL PLAN CO.OF WASHINGTON,LLC INSURERD: 1339 42ND ST NE INSURER E: AUBURN WA 98002-7036 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 ADDL SUBR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP MM DD/YYYY MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE U OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 A ACP GLDO 3028459207 09/25l2019 09/25/2020 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB �HCLAIMS-MADE AGGREGATE $ DIED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ N/A $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The above mentioned general liability policy includes data compromise coverage with a response expense limit of$50,000 and defense and liability limit of $50,000.The above mentioned general liability policy includes computer attack coverage with a limit of$50,000.The above mentioned general liability policy includes identity recovery coverage with a limit of$25,000. CERTIFICATE HOLDER 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 400 Goble St AUTHORIZED REPRESENTATIVE Kent WA,98032 Daniel Lynch ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG72881216 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage C. Non-Owned Watercraft 1. Under Section I — Coverages, Coverage A Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Bodily Injury And Property Damage Liability, Liability, coverage is extended to include 2. Exclusions Exclusion g. Aircraft, Auto Or the following: Watercraft Paragraph (2) (a) is replaced with: If a customer's master or grand key, (a) Less than 51 feet long; and excluding electronic key card, is lost, D. Expanded Property Damage Coverage damaged or stolen while in your care, purposes 1. For the ur of this endorsement onl custody or control we will pay the cost of p p Y replacing the keys, including the master lock Section I — Coverages, Coverage A and all keys used in the same lock, the cost Bodily Injury And Property Damage of adjusting locks to accept the new keys, or Liability, 2. Exclusions, Exclusion j. the cost to replace the locks, whichever is Damage To Property is amended as less. follows: 2. Limit of Insurance— For the purpose of this a. Paragraphs (3), (5), and (6) are deleted coverage, the most we will pay is $10,000 in their entirety. per"occurrence". b. Paragraph (4) is deleted in its entirety B. Voluntary Property Damage and replaced with: 1. Under Section I — Coverages, Coverage A (4) Personal property in the care Bodily Injury And Property Damage Liability, custody, or control of the insured: coverage is extended to include the following: (a) For storage or sale at premises At your request, we will pay for "property you own, rent or occupy;or damage" to property of others caused by you (b) While being transported by any and while in your possession, arising out of your aircraft, "auto", or watercraft business operations and occurring during the owned or operated by or rented policy period. to or loaned to any insured. 2. Limit of Insurance— For the purpose of this c. The coverage provided by this coverage the most we will pay is $1,500 per endorsement does not apply to "occurrence". "property damage": C. Non-Owned Watercraft (1) Arising out of the disappearance or Under Section I — Coverages, Coverage A loss of use of personal property; or Bodily Injury And Property Damage Liability, (2) Included in the "products-completed 2. Exclusions Exclusion g. Aircraft, Auto Or operations hazard". Watercraft Paragraph (2) (a) is replaced with: (a) Less than 51 feet long; and CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 with its permission. ACP 3028459207 - TRAFFIC CONTROL PLAN CO. OF WASHINGTON, LLC CG72881216 2. Limit of Insurance - Tho most We Will hnay F. Supplementaary Payments for loss arising out of any one "occurrence" Under Section I — Coverages, Supplementary is $5,000. Payments — Coverages A and B Paragraphs 3. Deductible - Our obligation to pay for a 1.b. and 1.d. are replaced with: covered loss applies only to the amount of b. Up to $2,500 for cost of bail bonds required loss in excess of$250. because of accidents or traffic law violations We will pay the deductible amount to effect arising out of the use of any vehicle to which settlement of any claim or "suit" and upon the Bodily Injury Liability Coverage applies. notification having been taken you shall We do not have to furnish these bonds. promptly reimburse us for the deductible as d. All reasonable expenses incurred by the has been paid by us. insured at our request to assist us in the This insurance is primary to any expanded investigation or defense of the claim or damage coverage provided by a separate "suit", including actual loss of earnings up to endorsement attached to this policy, and it $500 a day because of time off from work. will supplant any deductible in said G. Newly Formed And Acquired Organizations endorsement. Under Section II — Who Is An Insured E. Damage To Premises Rented To You Paragraph 3.a. is replaced with: 1. Under Section I — Coverages, Coverage A a. Coveraqe under this provision is afforded Bodily Injury And Property Damage only until the 1801h day after you acquire or Liability, the last paragraph of 2. form the organization or the end of the policy Exclusions is replaced with: period, whichever is earlier; If Damage To Premises Rented To You is H. Additional Insured — Automatic Status When not otherwise excluded, Exclusions c. Required In An Agreement Or Contract With through n. do not apply to damage by fire, You lightning, explosion, smoke, or sprinkler Section 11 — Who Is An Insured is amended to leakage to premises while rented to you or temporarily occupied by you with permission include: of the owner. A separate limit of insurance 4. Any person(s) or organization(s) described applies to this coverage as described in in Paragraphs a. — d. below with whom you Section III—Limits Of Insurance. have agreed in writing in a contract or 2. Under Section III — Limits Of Insurance, written agreement that such person or Paragraph 6. is replaced with: organization be added as an additional insured on your policy during the policy 6. Subject to 5. above, the Damage To period shown in the Declarations. Premises Rented To You Limit is the The person or organization added as an most we will pay under Coverage A for insured by this endorsement is an insured damages because of "property damage" to any one premises, while rented to only for liability due to: you, or in the case of damage by fire, a. Lessors of Leased Equipment with lightning, explosion, smoke or sprinkler respect to their liability for"bodily injury", leakage, while rented to you or "property damage", or "personal and temporarily occupied by you with advertising injury", caused in whole or in permission of the owner. The limit is part by your maintenance, operation or increased to $1,000,000. use of equipment leased to you by such 3. Under Section IV — Commercial General person(s) or organization(s). This Liability Conditions, Condition 4. Other insurance does not apply to any Insurance, b. Excess Insurance (1) (a) (ii) "occurrence" which takes place after the is replaced with: lease expires. (ii) That is Fire, Lightning, Explosion, However, their status as additional Smoke, or Sprinkler leakage insured under this policy ends when insurance for premises rented to their lease, contract, or agreement with you for such leased equipment expires. you or temporarily occupied by you with permission of the owner. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 12 16 with its permission. ACP 3028459207 - TRAFFIC CONTROL PLAN CO. OF WASHINGTON, LLC CG72881216 b. Managers or Lessors of Premises d. Owners, Lessees, or Contractors with with respect to liability arising out of the respect to liability for "bodily injury", ownership, maintenance, or use of that "property damage", or "personal and part of the premises you own, rent, advertising injury" caused, in whole or in lease, or occupy. part, by: This insurance does not apply to: (1) Your acts or omissions; or (1) Any "occurrence" which takes place (2) The acts or omissions of those after you cease to be a tenant in acting on your behalf; that premises. in the performance of your ongoing (2) Structural alterations, new con- operations performed for that struction or demolition operations additional insured, whether the work performed by or on behalf of the is performed by you or on your person or organization. behalf. However, their status as additional The insurance does not apply to: insured under this policy ends when you (1) "Bodily injury", "property damage", cease to be a tenant of such premises. or "personal and advertising injury" c. State or Political Subdivision — arising out of the rendering of or the Permits Relating to Premises with failure to render any professional respect to the following hazards for architectural, engineering, or survey which the state or political subdivision services, including: has issued a permit or authorization in (a) The preparing, approving, or connection with premises you own, rent failing to prepare or approve or control and to which this insurance maps, shop drawings, opinions, applies: reports, survey, field orders, (1) The existence, maintenance, repair, change orders, or drawings and construction, erection, or removal of specifications: or advertising signs, awnings, (b) Supervisory, inspection, archi- canopies, cellar entrances, coal tectural, or engineering activ- holes, driveways, manholes, ities. marquees, hoist away openings, sidewalk vaults, street banners, or (2) "Bodily injury" or "property damage" decorations and similar exposures; occurring after: or (a) All work, including materials, (2) The construction, erection, or parts, or equipment furnished in removal of elevators; or connection with such work, on the project (other than service, The ownership, maintenance, or use of maintenance or repairs) to be any elevators covered by this insurance. performed by or on behalf of the This insurance does not apply to: additional insured(s) at the (1) "Bodily injury" or "property damage" location of the covered or "personal or advertising injury" operations has been completed; arising out of operations performed or for the state or municipality; or (b) That portion of "your work" out (2) "Bodily injury" or "property damage" of which the injury or damage included within the "products- arises has been put to its completed operations hazard". intended use by any person or organization other than another However, such state or political contractor or subcontractor subdivision's status as additional engaged in performing insured under this policy ends when the operations for a principal as a permit ends. part of the same project. CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 with its permission. ACP 3028459207 - TRAFFIC CONTROL PLAN CO. OF WASHINGTON, LLC CG72881216 However, a person or ornani7ation's This c_.overage does not apply if Coverage C — status as additional insured under Medical Payments is excluded either by the this policy ends when your provisions of any coverage forms attached to the operations for that additional insured policy or by endorsement. are completed. K. Knowledge Of An Occurrence With respect to the insurance afforded to Under Section IV — Commercial General such additional insureds a. — d. described Liability Conditions, the following is added to above the following is added to the Section Condition 2. Duties In The Event Of III—Limits Of Insurance: Occurrence, Offense, Claim Or Suit: If coverage provided to the additional e. Knowledge of an occurrence, offense, claim insured is required by a contract or or suit by an agent or employee of any agreement, the most we will pay on behalf of insured shall not in itself constitute the additional insured is the amount of knowledge of the insured unless you, a insurance: partner, if you are a partnership; or an 1. Required by the contract or agreement: executive officer, or insurance manager, if or you are a corporation receives such notice 2. Available under the applicable Limits of of an occurrence, offense, claim, or suit from Insurance shown in the Declarations; the agent or employee. s �� whichever is iess. If. The rcqu,rcmciiiw ^ This endorsement shall not increase the considered breached unless there is applicable Limits of Insurance shown in the knowledge of occurrence as outlined in Declarations. Paragraph e. above. However, the insurance afforded to such L. Unintentional Failure To Disclose Hazard additional insureds a.—d. described above: Under Section IV — Commercial General 1. Only applies to the extent permitted by Liability Conditions, Condition 6. law; and Representations the following paragraph is added: 2. Will not be broader than that which you d. Your failure to disclose all hazards or prior are required by the contract or "occurrences" or offenses existing as of the agreement to provide such additional inception date of the policy shall not insured. prejudice the coverage afforded by this I. Aggregate Limit Per Project policy provided such failure to disclose all Under Section III — Limits Of Insurance The hazards or prior "occurrences" or offenses is following paragraph is added to Paragraph 2: not intentional. This provision does not The General Aggregate Limit under Section III affect our right to collect additional premium Limits Of Insurance applies separately to each or exercise our right of cancellation or non- of your construction projects away from renewal. premises owned by or rented to you. M. Waiver Of Subrogation J. Medical Payments Under Section IV — Commercial General Under Section III — Limits Of Insurance, Liability Conditions, 8. Transfer Of Rights Of Paragraph 7. is replaced with: Recovery Against Others To Us the following 7. Subject to 5. above, the higher of: paragraph is added: If required by a written contract executed prior to a. $10,000; or loss, we waive any right of subrogation we may b. The amount shown in the Declarations have against the contracting person or for Medical Expense Limit is the most organization because of payments we make for we will pay under Coverage C for all injury or damage arising out of your ongoing medical expenses because of "bodily operations or "your work" done under a contract injury"sustained by one person. with that person or organization and included in the "products-completed operations hazard". Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 12 16 with its permission. ACP 3028459207 - TRAFFIC CONTROL PLAN CO. OF WASHINGTON, LLC CG72881216 N. Liberalization O. Broadened Bodily Injury Definition (Mental Under Section IV — Commercial General Anguish) Liability Conditions, the following condition is Under Section V — Definitions Definition 3. added: "Bodily Injury" is replaced with: 10. Liberalization 3. "Bodily injury" means physical injury, If we revise this coverage form to provide sickness, or disease to a person and if more coverage without additional premium arising out of the foregoing, mental anguish, charge, your policy will automatically provide mental injury, shock, or humiliation, the additional coverage as of the day the including death at any time resulting revision is effective in your state. therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 with its permission. ACP 3028459207 - TRAFFIC CONTROL PLAN CO. OF WASHINGTON, LLC