Loading...
HomeMy WebLinkAboutCAG2020-160 - Amendment - #1 - Traffic Control Plan Co. of Washington, LLC - Signature Pointe Levee Traffic Control Plans - 11/29/2022Nancy Y. for Drew Holcomb Public Works 11/30/2022 12/2/2022 N/A D20085 N/A Traffic Control Plan Co. of Washington Contract Amendment Signature Pointe Levee Extend the time of completion to December 31, 2024. Direct Negotiation 12/31/2024 $0 CAG2020-160 12/1/22 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Traffic Control Plan Co. of Washington, LLC CONTRACT NAME & PROJECT NUMBER: Signature Pointe Levee ORIGINAL AGREEMENT DATE: May 25, 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: No change to the scope of work, however an amendment is needed to extend the time of completion to December 31, 2024 due to the project has been on hold for an ILA for funding. 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 $ Net Change by Previous Amendments including applicable WSST $ Current Contract Amount including all previous amendments $ Current Amendment Sum $ Applicable WSST Tax on this Amendment $ Revised Contract Sum $ Original Time for Completion 12/31/22 (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add'l Days Required (t) for this 730 calendar days Amendment Revised Time for Completion 12/31/24 (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 bellow. CONSULTANT/VENDOR: CITY OF KENT: By: By: raJA"'J W �a� -- (signature) (signature) Print Name: 1 Print Name: Carla Maloney. P.E. Its Its Design En ineerin Manager DATE: `� a (title)DATE: t+�►e ATTEST: Kent City Clerk Tremc Control Wan Co of WA - Slgnatun Pointe Amd 1/Holcomb AMENDMENT - 2 OF 2 ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDYYYY) 09/20/2022 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(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 endorsement(s). PRODUCER CONTACT NAME: PHONE FAX /C No Ext : A/C No): (A/C. ADDRESS: NATIONWIDE SALES SOLUTIONS INC INSURER(S)AFFORDING COVERAGE NAIC # 1200 LOCUST ST DEPT 2010 INSURER A: DEPOSITORS INSURANCE COMPANY 42587 DES MOINES IA 50391-2010 INSURED INSURER B : INSURER C : INSURER D : TRAFFIC CONTROL PLAN CO. OF WASHINGTON, LLC INSURER E : 18319 123rd St E INSURERF: Bonney Lake WA 98391-8115 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 LTR TYPE OF INSURANCE ADDL SUBRPOLICY POLICY NUMBER Y MMIDD YYY MMDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 F\/1 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 A X X ACP GLDO 3058459207 09/25/2022 09/25/2023 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY � PRO JECT ❑ LOC PRODUCTS - COMP/OPAGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- 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. The certificate holder is covered as additional insured including waiver of subrogation per CG7288. Primary non-contributory per CG2001 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 Gowe St. AUTHORIZED REPRESENTATIVE Kent, WA 98032 Marcellus Johnson ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 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, 1. For the purposes of this endorsement only: custody or control we will pay the cost of 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) White 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 -corn pleled 2. Exclusions Exclusion g. Aircraft, Auto Or operations hazard". Watercraft Paragraph (2) (a) is replaced with: (a) Less than 51 feet long; and CG72881216 Includes copyrighted material of insurance Services Office, Inc., with its permission. Pagel of 5 ACP GLD0305845=7 MACH 2220e INSURED COPY 27 00002M CG72881216 2. Limit of Insurance - The most we will pay F. Supplementary 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 It - 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. Coverage under this provision is afforded Bodily Injury And Property Damage only until the 180t" 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 a Required In An Agreement Or Contract With through n. do not apply to damage by fire, You lightning, explosion, smoke, or sprinkler Section II - Who Is An Insured is amended to leakage to premises while rented to you or include: temporarily occupied by you with permission 4. Any person(s) or organization(s) described of the owner. A separate limit of insurance applies to this coverage as described in in Paragraphs a. - d. below with wham 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 organization be added as an additional Paragraph 6. is replaced with: 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" only for liability due to: to any one premises, while rented 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", "property damage", or "personal and leakage, while rented to you or temporarily occupied by you with advertising injury", caused in whole or in permission of the owner. The limit is p part by your maintenance, operation or use of equipment leased to you by such increased to $1,000,000. person(s) or organization(s). This 3. Under Section IV - Commercial General insurance does not apply to any Liability Conditions, Condition 4. Other "occurrence" which takes place after the insurance, b. Excess Insurance (1) (a) (ii) lease expires. is replaced with: However, their status as additional (ti) That is Fire, Lightning, Explosion, insured under this policy ends when Smoke, or Sprinkler leakage their lease, contract, or agreement with insurance far premises rented to 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 OLD0305BOM7 MCH 22209 INSURED COPY 27 000020 CG 72 88 1216 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 lectural, or engineering activ- holes, driveways, manholes, ities. marquees, hoist away openings, (2) "Bodily injury" or "property damage" sidewalk vaults, street banners, or occurring after: decorations and similar exposures; (a) All work, including materials, or parts, or equipment furnished in 2 The construction, erection, or () connection with such work, on removal of elevators; or 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 insurWs) at the (1) "Bodily injury" or "property damage" location of the covered operations has been completed; or "personal or advertising injury' or arising out of operations performed (b) Thai portion of "your work" out for the slate or municipality; or of which the injury or damage 2 "Bodily injury" or " ro "property damage" () YP P Y arises has been put io its included within the "products- intended use by any person or completed operations hazard". 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., with its permission. Page 3 of 5 ACP GLD0305S45G2D7 MACH 22206 INSURED COPY 27 000028E CG 72 88 12 16 However, a person or organization's status as additional insured under this policy ends when your operations for that additional insured are completed. With respect to the insurance afforded to such additional insureds a. - d. described above the following is added to the 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: 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. However, the insurance afforded to such additional insureds a. - d. described above: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide such additional insured. I. Aggregate Limit Per Project Under Section ill - Limits Of Insurance The following paragraph is added to Paragraph 2: The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your construction projects away from premises owned by or rented to you. J. Medical Payments Under Section III - Limits Of Insurance, Paragraph 7. is replaced with: 7. Subject to 5. above, the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by one person. Page 4of5 This coverage does not apply if Coverage C - Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. K. Knowledge Of An Occurrence Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer, or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim, or suit from the agent or employee. f. The requirements in Paragraph b. will not be considered breached unless there is knowledge of occurrence as outlined in Paragraph e. above. L. Unintentional Failure To Disclose Hazard Under Section IV - Commercial General Liability Conditions, Condition 6. Representations the following paragraph is added: d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. M. Waiver Of Subrogation Under Section IV - Commercial General Liability Conditions, S. Transfer Of Rights Of Recovery Against Others To Us the following paragraph is added: If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 72 88 12 16 ACP GLD03OBB469207 MACH 22209 INSURED COPY 27 0000269 N. Liberalization Under Section IV — Commercial General Liability Conditions, the following condition is added: 10. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. CG 72 88 12 16 Q. Broadened Bodily Injury Definition (Mental Anguish) Under Section V — Definitions Definition 3. "Bodily Injury" is replaced with: 3. "Bodily injury" means physical injury, sickness, or disease to a person and if arising out of the foregoing, mental anguish, mental injury, shock, or humiliation, including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG72881216 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 ACP OL.D030584SM7 MACH 22209 INSURED COPY 27 0000270