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HomeMy WebLinkAboutPW15-217 - Amendment - #1 - Otak, Inc. - Central Ave N Improvements - 12/22/2015 00 Records � . X e � tM t KENT WASN oN > > Document k. 5 E'er CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Otak, Inc. Vendor Number: JD Edwards Number Contract Number: NyV 15 - 111- cc`l-- This is assigned by City Clerk's Office Project Name: Central Ave. Improvements Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/22/15 Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Contract Amount: $0.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2016 because additional renderings and landscape design will be needed at project completion. As of: 08/27/14 i • KENT A►►MENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Otak, Inc. CONTRACT NAME & PROJECT NUMBER: Central Ave. Improvements ORIGINAL AGREEMENT DATE: June 11, 2015 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: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2016 because additional renderings and landscape design will be needed at project completion. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: i Original Contract Sum, $8,000.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $8,000.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $8,000.00 AMENDMENT - 1 OF 2 h Original Time for Completion 12/31/15 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (f) for this 366 calendar days Amendment Revised Time for Completion 12/31/16 (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 below. CONSULTANT ,/YENDOR: CITY OF KENT: By. i B ? f— i � aaa na r ) (signature) Print Name: Print Name: Timothy J. LaPorte, P.E. Its Its Public Works Director (title /f (titieo DATE: DATE: APPROVED AS TO FORM: (applicable if Mayors signature required) Kent Law Department Otak-Central Amd 1/Madfal AMENDMENT - 2 OF 2 A ® GATE(MMIDOIYYYY) lia���KKOO CERTIFICATE OF LIABILITY INSURANCE lz/7/2D15 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 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 C AME ONTA CT PeggyMacMillan JD Fulwiler & Co. Insurance, Inc. PHONE (503)293-B325 FAX (5031293-541a !C Jo: 5727 SW Macadam Ave IoalEss:pmacmillan@jdfulwiler,com PO Box 69508 INSURER(S)AFFORDING COVERAGE HAIG4 I Portland OR 97239 INSURERA!Travelers Indemnity_ Cc of CT 25682 INSURED INSURER a!Travelers Indemnity. CO of Am 25666 Otak Inc. INSUREEc:Saif Corporation 36196 808 SW 3rd Ave Ste 300 INSURER D:Beazley Insurance Company Inc INSURER E:Allianza Global Risk US Insurance _ Portland OR 97204 INSURER F: COVERAGES CERTIFICATE NUMBER:15/16 GEN USE 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 TYPE OF INSURANCE ' NDLS B POLICY NUMBER MM/DDmYY M,OMILDDYIYYYY I LIMITS R X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 DAMAGETORENTED A _ _I CLAIMS MADE 1XI OCCUR PREMISES Ea octane ce $ 300,000 11 X 6801497P251 12/9/2015 12/9/2016 MED EXP An one person) $ 5,000 X . WA Stop.Gap Liability __.. (._Y PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 _ POLICY L7 JET LUC PRODUCTS-COMP(OPAGG $ 2,000,000 OTHER I Employee Sonedls $ 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident) $ 1,000,000 A X ANY AUTO BODILY INJURY(Par person) $ X ALL OWNED SCHEDULED X BA1502PS92 12/9/2015 12/9/2016 BODILY INJURY(Per accident) $ AUTOS AUTO PROPERTY DAMAGE _ X HIRED AUTOS X AUTOS Pereccident $ 5 Towing X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 10,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE 3 10,000,000 DED X '.. RETENTION$ 10,000 CUP5C8570811247 1 12/9/2015 12/9/2016 1 $ WORKERS COMPENSATION a'*OREGON** X PTATUTE ERH AND EMPLOYERS'LIABILITY IN ANY PROPRIETORIPARTNERIEXECUTIVE Y I N1A 487431 OTAX INC 14/1/2015 4/1/2016 E.L.EACH ACCIDENT $ 1,000,000 0, OFFICERIMEMBER EXCLUDED? N 967262 DTAr Architects Inc 4/1/2015 4/1/2016 E.L.DISEASE-EA EMPLOYE $ 1,000,000 (Mandatary in NH) It yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS belmv D A&E Prof-1 W/Pollution v10267150701 112/9/2015 12/9/2016 Limit par clalm/Agg)Dod $2m/$4m/$200K E Inland Marine MX193070320 12/9/2015 12/9/2016 Misr Unscheduled hems/Ded $100,00/$5k DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ADDED 101,Additional Remarks Schedule,may be attached If more space is required) CANCELS & REPLACES CERTIFICATE ISSUED 6/11/15 previously issued. RE: Central Ave. Improvements 1 Except the Workers' Compensation and Professional Liability, The State and Agency, their officers, employees and agents are included as additional insureds with regard to operations of the named insured subject to policy terms, conditions and exclusions per attached form COD3810907 & CAT4370808; it is further agreed that coverage is primary and non-contributory; 30 day notice of cancellation except for 10 day notice for non-payemnt of premium; All operations of the named insured subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION (253) 856-6500 NYoshitake@kentwa.gov SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Mark Madfai ACCORDANCE WITH THE POLICY PROVISIONS, 400 West Gowe Kent, WA 98032 AUTHORIZED REPRESENTATIVE e/ P MacMillan/TMAYDA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025 nnf4n11 I COMMENTSIREMARKS CANCELS & REPLACES CERTIFICATE ISSUED 6/11/15 previously issued. i i OFREMARK COPYRIGHT 2000, AMS SERVICES INC. F. Additional Named Insureds Other Named Insureds ➢L➢ Otak Inc., an Oregon Corporation OTAK Architects Inc, a Washington Corporation Otak Architects Inc. , an Oregon Corporation Otak Engineering, Inc„ an Oregon Corporation Otak International (Caymen Islands) Otak Nevada, LLC, an Oregon Limited Lianility Co 1 I Otak, Inc. 401K Employee Savings Plan Otak, Inc., a Colorado Corporation Ili Otak, Inc., an Washington Corporation I II I OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC II 6801497P251 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO Is AN INSURED Part.SURANCE (Section If) for this Coverage (Section II): Any person or organlzation that you agree in a B. The following Is added to Paragraph a. of 4. "contract or agreement requiring Insurance to In- Other Insurance In COMMERCIAL GENERAL clude as an additional Insured on this Coverage LIABILITY CONDITIONS(Section IV): Part,but only with respect to Ilablllty for"bodily In- However, If you speciflcally agree In a"contract or jury", "property damage" or "personal injury" agreement requiring Insurance"that the insurance caused, in whole or In part, by your acts or omis- provided to an additional Insured under this Cov- slons or the acts or omissions of those acting on erage Part must apply en a primary basis, or a your behalf, primary and non-contributory basis,this Insurance a. In the performance of your ongoing opera- is primary to other Insurance that Is available to Ilona; such additional Insured which covers such addl- b. In connection with premises owned by or tional Insured as a named Insured,and we will not rented to you;or share with the other Insurance,provided that: The "bodily Injury" or "property damage" for (1) c. In connection with "your work" and Included which coverage is sought occurs;and within the "products-completed operations (2) The "personal Injury" for which coverage Is hazard" Such person or organization does not quallfy as sought arises out of an offense committed; an additional Insured for "bodily Injury", "property after you have entered into that "contract or damage" or "personal Injury" for which that per- agreement_requiring Insurance". But this Insur- son or organization has assumed Ilablllty in a con- once still is excess over valid and collectible other tract or agreement, Insurance,whether primary, excess, contingent or The Insurance provided to such additional Insured on any other basis, that Is available to the insured Is limited as follows: when the Insured Is an additional Insured under any other Insurance. d, This Insurance does not apply on any basis to C. The following is added to Paragraph 8. Transfer any person or organization for which cover- Of Rights Of Recovery Against others To Us age as an additional insured spe is In COMMERCIAL GENERAL LIABILITY CON- added by another endorsement to this Cover- DITIONS(Section IV): age Part. e. This Insurance does not apply to the render- We waive any rights of recovery we may have Ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily Injury", "property f. The limits of Insurance afforded to the addl- damage" or "personal Injury" arlsing out of "your tlonal Insured shall be the Ili-nits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a"contract or agreement requiring Insurance"with Ing Insurance" to provide for that additional that person or organization. We waive these Insured, or the limits shown In the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the"contract or agreement requiring Insur- less.This endorsement does not Increase the ance" with such person or organization entered limits of Insurance stated In the LIMITS OF Into by you before, and In effect when, the"bodily I CG D3 81 09 07 m 2007 The Travelers Companies,Inc, Page 1 of 2 I Includes the copyrighted material of Insurance Services Office,Inc.,with Its permission it I COMMEROIAL GENERAL LIABILITY sonal Injury" offense Iscommittedurs, or the "per- 1uwPIS ty,orage Part, provided that the "bodily injury" and injury" p p " omega" occurs, and the "personal In- D. The following deflnition Is added to DEFINITIONS caused by an offense committed; (Section V): a. After you have entered Into that contract or "Contract or agreement requiring Insurance" agreement; means that part of any contract or agreement un- b. While that part of tile contract or agreement Is der which you are required to Include a person or In effect;and organization as an addltional insured on this Cov- c. Before the end of the policy period, Pago 2 of 2 0 2007 The Travelers Companies,Ina. CG D3 8109 07 Includes the copyrighted material of Insurance servlces Office,Inc.,with Its permission DA1502P892 COMMERCIAL.AUTO THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BL.pilVl'CET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- a written contractor agreement that Is signed and ment, the provisions of the Coverage. Form apply executed by you,before the"bodily Injury"'or"property unless rrWified by the endorsement., damage" occurs and that is in effect during the policy The following is added'to the Section Itliability period is an "Insured"for Llabllity Coverage, but only Coverage; Paragraph to Who Is An Insured Pro- for damages to which this insurance applies and only vision: to the extent that person or:organization qualifies as an Insured under the Who Is An Insured provision Any person or organization that:you are required to contained in Section II. include as additional Insured on the Coverage Form in 5� o 0 ti i a� m CL'= tl� o f=. CA T4 37 08 88 02008 Tho Travelers 0empenies,Ina, Pago 1 of 1 aaosoa I i i