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HomeMy WebLinkAboutDKS Associates, Inc. - Local Road Safety Plan (Agreement No. 20-002)VAULT RECORD TRANSMITTAL I File No. I Department: Public Works I Date Submitted: 1/27/2020 I Submitted by: Dustin W Document Type: � Agreement □ Bond □License □Permit Name (Company, Agency, Individual) □Deed□Project D Easement □Report DKS Associates, Inc. Title/Description Agreement#: 20-002 □Franchise□Other: Cross Reference (keywords, . Agreement #: 20-002 -Local Road Safety Plan Project, etc.) □Grant Date of Document Expiration/Review Date Received by City Clerk ccs 1/24/2020 3/31/2020 ** Please return this acknowledgement of receipt to Dustin, Public Works -Engineering Dept.** RECEIVED JAN 2 7 2020 PASCO CITY CLERY( PROFESSIONAL SERVICES AGREEMENT Local Road Safety PlanAgreement No.20-002 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter refe1Ted to as "City", and OKS Associates, Jnc., hereinafter referred to as "Consultant," on the &c.f ill' day of JQ,Qt,\Ac\ , 2020. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills. training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which theCity is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1.Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultanfs Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2.Term. This Project shall begin on the execution date listed above and promptly becompleted by 3/3112020. 3.Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered. and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for whichreimbursement is sought. The City shall approve all invoices before payment is Professional Services Agreement -DKS Associates, Inc. Local Road Safety Plan Agreement No. 20-002 Page 1 of9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/1/2020 Durham and Bates Insurance 720 SW Washington St. Suite 250 Portland OR 97205-3554 Melissa Hall 503-224-5019 503-542-0653 melissah@dbates.com Valley Forge Insurance Co.20508 DKSASSO-01 Transportation Insurance Co.20494DKSASSOCIATESINC 720 SW Washington St Suite 500 Portland OR 97205 Continental Insurance Co 35289 American Casualty Co of Reading,PA 20427 Argonaut Great Central Insurance Company 19860 90313663 A X 1,000,000 X 1,000,000 X WA Stop Gap 15,000 1,000,000 2,000,000 X 6080860327 5/1/2020 5/1/2021 2,000,000 WA Stop Gap 1,000,000 B 1,000,000 X X 6080860053 5/1/2020 5/1/2021 C X X 2,000,00060808602465/1/2020 5/1/2021 2,000,000 X 0 A D X6080860179 6080860263 5/1/2020 5/1/2020 5/1/2021 5/1/2021 1,000,000 1,000,000 1,000,000 E Professional Liability Claims Made Form Retro.Date:5/17/1979 121AE000385800 5/1/2020 5/1/2021 Each Claim Limit Aggregate Limit Deductible Each Claim 1,000,000 3,000,000 50,000 Re:2007-000 Pasco Local Road Safety Plan.Additional Insured:City of Pasco.When required by written contract,additional insured status with primary coverage applies to General Liability and Automobile Liability and waiver of subrogation applies to General Liability,Automobile Liability and Workers' Compensation,all per the attached endorsements. City of Pasco 525 North 3rd Ave. P.O.Box 293 Pasco,WA 98301 Business Auto Policy Policy Endorsement EXTENDED COVERAGE - BA PLUS - FOR HIRED AND NON-OWNED AUTOS It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. TABLE OF CONTENTS I. AMENDMENTS TO LIABILITY COVERAGE A. Who Is An Insured 1. Majority Owned Corporations 2. Newly Acquired Organizations 3. Additional Insureds Required By Written Contracts 4. Employee-Hired Autos B. Increased Loss of Earnings Allowance C. Fellow Employee Coverage II. AMENDMENTS TO PHYSICAL DAMAGE COVERAGE A. Increased Loss of Use Expense B. Broadened Electronic Equipment Coverage III. AMENDMENTS TO BUSINESS AUTO CONDITIONS A. Knowledge of Accident or Loss B. Knowledge of Documents C. Waiver of Subrogation D. Unintentional Failure To Disclose Hazards E. Primary and Non-Contributory When Required By Contract IV. AMENDMENTS TO DEFINITIONS A. Broadened Bodily Injury A. 1. 2. I. AMENDMENTS TO LIABILITY COVERAGE Amendments to Who Is An Insured Under SECTION II – COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Who Is An Insured is amended to add the following: Majority Owned Corporations Any incorporated entity in which you own a majority of the voting stock on the inception date of this Coverage Form is an insured, but only if such entity is not an insured under any other liability “policy” that provides auto coverage. Newly Acquired Organizations BUA 6076041772 Endorsement No: 5; Page: 1 of 4 Policy Page: 37 of 49 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Form No: CNA83700XX (10-2015) Endorsement Effective Date: Policy No: Policy Effective Date: 05/01/2019Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Business Auto Policy Policy Endorsement a. (1) (2) b. 3. 4. i. ii. B. C. A. B. 5. Any organization you newly acquire or form during the policy period, other than a limited liability company, partnership or joint venture, and in which you maintain majority ownership interest is an insured, but only if such organization is not an insured under any other liability “policy” that provides auto coverage. The insurance afforded by this provision: Is effective on the date of acquisition or formation of the organization, and applies until: The end of the policy period of this Coverage Form; or The next anniversary of this Coverage Form’s inception date, whichever is earlier; and Does not apply to bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization. Additional Insureds Required By Written Contract Any person or organization that you are required by written contract to make an additional insured under this insurance is an insured, but only with respect to that person or organization’s legal liability for acts or omissions of a person who qualifies as an insured for Liability Coverage under SECTION II - WHO IS AN INSURED of this Coverage Form. Employee-Hired Autos Any employee of yours is an insured while operating with your permission an auto hired or rented under a contract in that employee’s name, while performing duties related to the conduct of your business. With respect to provisions A.1. and A.2. above, “policy” includes those policies that were in force on the inception date of this Coverage Form, but: Which are no longer in force; or Whose limits have been exhausted. Increased Loss of Earnings Allowance Under SECTION II – COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Coverage Extensions is amended under Supplementary Payment subparagraph (4) to delete the $250. a day limit for loss of earnings and replace it with a $500. a day limit. Fellow Employee Coverage Under SECTION II – COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Exclusions is amended to delete the exclusion entitled Fellow Employee . II. AMENDMENTS TO PHYSICAL DAMAGE COVERAGE Increased Loss of Use Expense Under SECTION III – PHYSICAL DAMAGE COVERAGE, the paragraph entitled Coverage Extensions is amended under Loss of Use Expenses to delete the maximum of $600., and replace it with a maximum of $800. Broadened Electronic Equipment Coverage Under SECTION III – PHYSICAL DAMAGE COVERAGE, the paragraph entitled Exclusions is amended to delete paragraphs 5.a through 5.d. in their entirety, and replace them with the following: Exclusions 4.c. and 4.d. above do not apply to loss to any electronic equipment that at the time of loss is: BUA 6076041772 Endorsement No: 5; Page: 2 of 4 Policy Page: 38 of 49 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Form No: CNA83700XX (10-2015) Endorsement Effective Date: Policy No: Policy Effective Date: 05/01/2019Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Business Auto Policy Policy Endorsement a. b. (1) (2) (3) III. A. (4) B. (6) C. D. E. Permanently installed in or upon a covered auto, nor to such equipment’s antennas or other accessories used with such equipment. A $100 deductible applies to this provision, and supersedes any otherwise applicable deductible; or Designed to be operated solely by use of the power from the auto’s electrical system and is: Removable from a housing unit which is permanently installed in or upon the covered auto ; An integral part of the same unit housing any electronic equipment described in paragraphs a. or b.(1) above; or Necessary for the normal operation of the covered auto or the monitoring of the covered auto’s operating system. AMENDMENTS TO BUSINESS AUTO CONDITIONS Knowledge of Accident or Loss Under BUSINESS AUTO CONDITIONS , the Loss Condition entitled Duties In the Event of Accident, Claims, Suit, or Loss is amended to add the following subparagraph a.(4): If your employees know of an accident or loss, this will not mean that you have such knowledge until such accident or loss is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to be your insurance manager. Knowledge of Documents Under BUSINESS AUTO CONDITIONS , the Loss Condition entitled Duties In the Event of Accident, Claims, Suit, or Loss is amended to add the following subparagraph b.(6): If your employees know of documents concerning a claim or suit, this will not mean that you have such knowledge until such documents are known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to be your insurance manager. Waiver of Subrogation Under BUSINESS AUTO CONDITIONS , the Loss Condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. Unintentional Failure To Disclose Hazards Under BUSINESS AUTO CONDITIONS , the General Condition entitled Concealment, Misrepresentation or Fraud is amended to add the following: Your failure to disclose all hazards existing on the inception date of this Coverage Form shall not prejudice you with respect to the coverage provided by this insurance, provided such failure or omission is not intentional. Primary and Non-Contributory When Required By Contract Under BUSINESS AUTO CONDITIONS , the General Condition entitled Other Insurance is amended to add the following: BUA 6076041772 Endorsement No: 5; Page: 3 of 4 Policy Page: 39 of 49 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Form No: CNA83700XX (10-2015) Endorsement Effective Date: Policy No: Policy Effective Date: 05/01/2019Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Business Auto Policy Policy Endorsement IV. A. Notwithstanding provisions 5.a. through 5.d. above, the coverage provided by this Coverage Form shall be on a primary and non-contributory basis when required to be so by a written contract entered into prior to accident or loss. AMENDMENTS TO DEFINITIONS Broadened Bodily Injury Under DEFINITIONS , the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, mental anguish or mental injury sustained by that person which results as a consequence of the physical injury, sickness or disease. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. BUA 6076041772 Endorsement No: 5; Page: 4 of 4 Policy Page: 40 of 49 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Form No: CNA83700XX (10-2015) Endorsement Effective Date: Policy No: Policy Effective Date: 05/01/2019Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Business Auto Policy Policy Endorsement NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM It is understood and agreed that the words “you” and “your”, as used throughout this policy, also refer to the following persons or organizations: NAMED INSUREDS DKS ASSOCIATES, INC. DBA PACIFIC GENESIS DKS ASSOCIATES, INC. DBA DKS ASSOCIATES DKS ASSOCIATES, P.C All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. BUA 6076041772 Endorsement No: 6; Page: 1 of 1 Policy Page: 41 of 49 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Form No: CNA86105XX (06-2016) Endorsement Effective Date: Policy No: Policy Effective Date: 05/01/2019Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. WC 6 76041805 Endorsement No: 2; Page: 1 of 1 Policy Page: 28 of 41 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: G-19160-B (11-1997) Endorsement Effective Date: Policy No: Policy Effective Date: 05/01/2019Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. WC 6 76041819 Endorsement No: 2; Page: 1 of 1 Policy Page: 48 of 82 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 Form No: WC 00 03 13 (04-1984) Endorsement Effective Date: Policy No: Policy Effective Date: 05/01/2019Endorsement Expiration Date: Copyright 1983 National Council on Compensation Insurance.