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HomeMy WebLinkAboutCAG2020-019 - Amendment - #2 - Fehr & Peers, Inc. - Transportation Master Plan Phase III - 06/04/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 AMENDMENT - 1 OF 2 AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Fehr & Peers, Inc. CONTRACT NAME & PROJECT NUMBER: Transportation Master Plan, Phase 3 ORIGINAL AGREEMENT DATE: January 13, 2020 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 additional services for the Transportation Master Plan, Phase 3. 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, including applicable WSST $314,580 Net Change by Previous Amendments including applicable WSST $17,640 Current Contract Amount including all previous amendments $332,220 Current Amendment Sum $19,920 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $352,140 Original Time for Completion (insert date) t2t3tna Revised Time for Completion under prior Amendments (insert date) nla Add'l Days Required (*) for this Amendment 365 calendar days Revised Time for Completion (insert date) l2t3u2t 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, rehr & Peers - ÌMP 4 Amd 2lDelchðfrpg CONSULTANTIVENDOR: 7rBy Prlnt Name : ldr^ (s¡anature) i;" t'Srzlir"nr] Its ú1 -t (titte) DATE: c KENT: Print Name: 2-0DATE: ATTEST: Kent City Clerk APPROVED AS TO FORM: (applicable if Mayorb signature required) Kent Law Department AMENDMENT .2 OF 2 DRAFT Fee Proposal for TMP Phase 3 Contract AddendumMay 13,2020Notes:This fee proposal is valid for a period of 90 days from theActual billing rate at the time of service may vary dependingon the frna/ sta{flng p/an at the time the project startt theMileage ß billed at the IRS rateOther direct costs (ODCs) include computeccommunication5 dnd reproduct¡on charges are billed as aRates and staffare subject to change at any t¡me, w¡thout$6,740$1s,1 80$ts34710182432562o8212141826list (conductedbe conducted lateIist3.5 - Additional Requested Coordinatìon in developing andevalLabor TEXHIBIT A A^COßRD'FEHR&PE.O1 CERTIFICATE OF LIABILITY INSURANCE E CERTIFICATE HOLDER. THIS AFFORDED BY THE POLICIES NG TNSURER(S), AUTHORTZED IMPORTANT: lf the certificate hold€r ¡s an ADDTTTONAL INSU RED,the policy(¡es) must have ADDITIONAL INSURED provisions or be endorsed.I' SUBROGATION IS WAIVED, subJect to the terms and cond itions of the policy, certain may require an endorsement. A statgment onthis certif¡cate does not to the certlficate holder ín lieu of such \-=-DATE (MMIDOTYYYY' 1t2t2020 _ _ rN! r,EEa_A_fU l¡C UIA n cS -C-qE¡l ry .,ts_u¡EEp_.1_l_aÉf l¡{_Ça¡JCLty[rq!¡f qnçeçomp4ly . r¡sq ¡çe c- ¡ l.iþe-(y lnguril çe U_¡_d_etwri tc ç, ln c i Yuen 660-3514 50008 F: PROOUCER INSURED 6-7869 COVÊRÀGFINSIIRFRISI ¡!!SUBqE -C i ..lrygUEFE E i IOA lnsurance Services $lf,!!;6va'o noao Pleasanton, CA 9,+tt88 Fehr & Peers 100 Pringle Avenuo, Suite 600 Walnut Creek, CA 94596 -z9a?4 .'le-9r7 - _,,N4S_t_ 13056 TYPE OF INSURANCE POLICY NUMAER LIMITS TERMS, CLAIMS. THIS IS IO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUED TO THE IN SURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO W{ICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES D ESCRIBED HEREIN IS SUBJECT TO ALL THEEXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO\^/N MAY HAVE BEEN RÊDUCED BY PAID _ BODI LY _!l!.-Uf Y (P€r âcc¡dent) PROPERTY DAMAGE _LP6J_a._çc!-d94) A PS80006683 LIMIT PSA0002276 x : X. Pf9DUcrs - co_MP/qPAgG . $ CL,AIMS-MADË LIABILITY 2,000 12t6t2015 . GEN'I AGGREGATE LIMIT APÎLIES PÊR: PoLrcy X iåli Loc SCHEÞULED AUTOS NON-OVV¡IEDAUÍOS ONLY X coumenc¡¡r- GENÊRAL LtABtLtry X_ occun ANY AUTO OWNED AUTOS ONLY HIRËD AUTOS ONLY $- .! 4,000,000 ¿,ôoo,ooo 121612019, 1A612020 ._qeelL,y.tNJ_r.l¡y.eejpqreon) I $ . EÂcn_o,çÇqFE,EN.ç_8 ,, $. 12t6t2o2o EÊHûPrt{?rltiJå%qd -e. :,ùaSQ EX.P_.LAÍ'y gtlC p-er.s_qn). , -$, - F_E_RS,o-t\tA_t=.4 4o-\/lx!qg-y,- . $ , -G-Ê,NEgÂ!-AGc_&q_G_ôrri - . $ PSE0002889 A x OCCUR CLAIMS-MAOE 1?i6t2019 12t6t2020 RETENTION $DED - EAc,r-l qçç.u-BBEj\iqE AGGREGATE - ¡.. ,.! . .-. UMBRELLA LIAB X exc¡ss l-ù¡e INIA dæcribe under WORKERS COiIPENSANON ANO EIUPLOYERS' UAAILITY Y/N ,s7WEGZJl9894NY PROPRI ETOR/PARTNER/EXECUTIVE 8[5¡95ffi5f REi EX.LUDED? 5t1t2019 5t1t2020 I , -S.=Ãtrt. . , E.L. EACHACCTDENT ., . $ - E.L. DISEASE - il\ EMPLOYEE $ c c Professional Liab. Per 5,000,000 1 AEXNYABEFJ2OO4 AEXNY 1A612019 1216t2020,Aggregate oESCRIPTION oF oPERAT¡oNs ' LocATloNs / vEHlcLEs (AcoRD I ol, Addltlonal Remarkr schsdute, may bs atl¡chod ¡t moru ¡prce t3 Þqu¡rcdlRE: SE18-0647.03 Kent TMP Þheaãi o ofperat¡ons the edNam lnsured,the aforementionedncluding project,any L¡aGeneral Plea¡e blanket3ee Additionalbility:lnsured ndorsemente suc h tsatûached;and WaiverwithcoveragePrimary SuofNon-Contributory brogatíon Please blasee Addnket lnsureditional withendorsement oÍWaiver incl writtenSubrogationuded,perrequired ofWaiver lg favortn thof aforemSubrogation Additionalentioned redlnsu blanketattached ofWaiver Super brogat¡on101 City of Kent, WA 220 Fourth Ave. South (aaÎ wa qrnl, SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION OATE THEREOF, NOT|CE WLL BE OELIVERED II{ACCORDA'{CE WTH THE POLICY PROVISIOI{S. AUTHORIZED REPRESENTATIVE å¿^*, e-r-*..d. @ 1988-2015 ACORD CORPORAT|ON. Aft rights reseryed. The ACORD name and logo ar€ registered mark¡ of ACORD ACORD 2s (20r6103) AGENCY CUSTOMER tD: FEHR&PE-o1 LOC#: 1 ADDITIONAL REMARKS SCHEDULE SEIÏAS ^ACORD" \-"Page I of 1 AGEf{CY Llccnre # 0E67708 IOA lnsurance Services POUCY NUilAËR SEE PAGE 1 CARRIER SEE PAGE 1 EFFEcrlvE DArE: SEE PAGE I NAMEq fiEI¡ßED Fehr & Peer¡lfl) Prinole Avonue, Sulte 600 Walnut ıreek, CA 94596 tlescription of Operations/Locations/Vehicles : endorsement, as ¡equired per written contract. cENERAL L|ABILIY & AUîO L|ABtLtTy TNCLUDE THE FOLLOWTNG PERSON(S) OR ORGANIZATION(S): City of Kent, WA as required per written contract @ 200S ACORD CORPORATION. All rlghts reseryed. The ACORD name and logo are rsgbtered marks of ACORD THIS ADDITIONAL REMARKS FORf'I IS A SCHEDULE TO ACORD FORM, FORM NUÍIIBER: lqq8q ?! FORM TITLE:Cårtilìcete of L¡ab¡litv ACORD 101 (2008/01) Policy Number. pS80006683 Named lnsured:¡"¡.. & peers This endorsement modifies insurance provided under the followíng: BUSINESSOWNERS COVERAGE FORM. SECTION II- LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ¡T CAREFULLY. RLIPACT@ FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT RLI lnsurance Company additional ínsured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that. a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for whích coverage is sought arises out of an offense committed after you have entered into that contract or agreement. The following is added to SECTTON l[,K. 2. Transfer of Rþhts of Recovery Against Others toUs - COIìI|MON POLIGY CONptTtoNS (BUT APPLIGABLE TO ONLY TO SECTION iI ? LTABtLtTY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. 7. C. WHO lS AN INSUREO is amended to include as an additionaf insured any person or organization thatyou agree in a contract or agreement requiring insuíance to ínclude as an additional insured on thíËpolicy, but only with respect to liability for "bodity injury", "property damage" or "pelsonal and advêrtislng inju4f'caused in whole or in part by you or those acting on your behalf: a. ln the performance of your ongoing operations; b. ln connection with premises owned by or rented to you; or c. ln connection with "your work" and includedwithin the 'product-completed operations hazard". ?. The insurance provided to the additional insured by , this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specificalty is added by another endorsement to this policy. b. Thís insurance does not apply to the renderingof or failure to render any ,,professionál seryices". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of lnsurance. 3. The following is added to SEGTTON ilt H.2. Otherlnsurance COMMON pOLtCy CONDTTTONS(BUT AppLtcABLE ONLY TO SECTTON il _ LtABtLtTY) Hówever, if you specifically agree in a contract or agreement that the insurance provided to an 4. PPB 304 02 12 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Page 1 of 1 Policy Number: PS40002276 Named lnsured: Fehr & Peers RLI lnsurance ComPanY THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY RLIPACK@ BUSII'IESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named lnsured B. Employees As lnsureds C. Blanlct Addltional lnsured D. Blanket Yllaiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair - Waiver Of Deductible l. Perconal Effects Goverage J. Hired Auto Physical Damage Goverage K. Hired Auto Physical Damage - Loss Of Use L. Hired Car - Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodity lnjury Definition - MentalAnguish O. Airbag Coverage P. Amended lnsured Gontract Definition - Railroad Easement Q. Coverage Extensions - Audio, Visual And Data Electronic Equipment Not 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 lnsured ] ) The following is added to the SECTTON lt -COVERED AUTOS LtABtLtTy COVERAGE, para- graph A.l. Who ls An lnsured provision: Any business entity newly acquired or formed by you during the- policy period, provided you own -fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus- iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (1gO) days following the acquisition or formation of the busineós entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. Employees As lnsureds The following is added to the SECTTON il -COVERED AUTOS LtABtLtTy COVERAGE, para- graph A.l. Who ls An lnsured provision: Any "employee" of yours is an "insured', while usinga covered "auto" you don't own, hire or borrow iñ your business or your personal affairs. "loss', provided that the "accident" or ,,loss,, arises out of the operations contemplated by such contract.The waiver applies only to the person or organization designated in such contract. Employee Hired Autos l. The following is added to the SECTTON il -COVERED AUTOS LIABILITY COVERAGE, Paragraph A.l. Who ls An lnsured provision: An "employee" of yours is an -insured,, while operating an "auto" hired or rented under a contract or agreement in that ',employee's,, name, with your permission, while performing duties related to the conduct of your business. 2. Changes ln GeneralConditions: Paragraph 5.b. of the Other lnsurance Con- dition in the BUSINESS AUTO GONDTTTONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered 'autos'you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto' hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Fellow Employee Coverage SECTION II - COVERED AUTOS LIABILITY COVERAGE, Exclusion 8.5. does not apply if you have workers compensation insurance in-force covering all of your employees. G. Auto Loan Lease Gap Goverage SECTION III _ PHYSICAL DAMAGE COVERAGE, C. Limit Of lnsurance, is amended by the addition of the following: ln the event of a total "loss" to a covered ,,auto" shown in the Schedule of Declaratíons, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE section of the poticy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; E B C. Blanket Additional lnsured The following is added to the SECTTON il -COVERED AUTOS LtABtLtTy COVERAGE, para- graph A.l. Who ls An lnsured provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed 6yyou before the "bodily injury' or "property damage; occurs is an "insured" for liability coverage, but onlyfor damages to which this insurance ãpplies andonly to the extent that person or organization qualifies as an "insured" under the Wño ls Anlnsured provision contained in SECTION lt -COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a prímary and non-contributory basis to the additional insured's own business auio coverage if you are required to do so in a contract or agreement that is executed by you before the ,,bodily ìnjury,, or "property damage" occurs. F D. Blanket Waiver Of Suþrogatlon The followíng is added to the SECTTON tV - BUS|- NESS AUTO COND|T|ONS, A. Loss Conditions,5. Transfer Of Rights Of Recovery Againsi Others To Us: We waive any right of recovery we may have against lany person or organization to the extent required of "/ you by a contract executed prior to any 'accident" or PPA 300 03 13 THIS ENDORSEiIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT . CALIFORNIA Policy Number: 57 WEG 2J1989 Endorsement Number: etteci¡ve Date: 05/01/19 Effective hour is the same as stated on the lnformation Page of the policy' Named lnsured and Address: FEHR & PEERS 1OO 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 not enforce our right against tñe person or organization named in the Schedule. (This agreement applies only to the extent that you pãrforrñ work under a written cóntract 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 0.0 % of the California workers' compensation premium otherwis due on such remuneration. SCHEDULE Percon or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WG 04 03 06 (1) Printed in U.S.A. Procecs Dale:.04102119 Leslie Pancoast Policy Expiration Date: 05/01/20