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Home My WebLink AboutPW15-260 - Amendment - #2 - Otak, Inc. - Pacific Highway S Median Planting - 12/30/2015 Y ec ® r lulange e`r� t , KENT � . ,1 ' Document WASH$NOTON j �J - 33 4� 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: p`a+\ii iaU10 G`075 This is assigned by City Clerk's Office Project Name: Pacific Highway S. Median Planting Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/30/15 Termination Date: 6/30/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz 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 June 30, 2016 to complete the work necessary for the project. As of: 08/27/14 I s ' t KENT AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Otak, Inc. CONTRACT NAME & PROJECT NUMBER; Pacific Hinhwav S. Median PI ntina I ORIGINAL. AGREEMENT DATE: July 29, 2015 6 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; I The scope of work remains the same, however an amendment (�( is needed to extend the time of completion to June 30, 2016 to I complete the work necessary for the project. C 2. The contract amount and time for performance provisions of Section IT "Time of Completion," and Section III, "Compensation," are modified as follows; Original Contract Sum, $15,500.00 including applicable WSST Net Change by Previous Amendments $14,500.00 including applicable WSST Current Contract Amount $30,000.00 including all previous amendments Current Amendment Sum $0 } Applicable WSST Tax on this $0 { Amendment Revised Contract Sum $30,000.00 i AMENDMENT — IOF2 i Original Time for Completion 12/31/15 (insert date) Revised Time for Completion under n/a prior Amendments ` (insert date) t Ad del Days Required (f) for this 182 calendar days f Amendment Revised Time for Completion 6/30/16 (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. i IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY�pF ENT: By: By; sigl•a - (signature) Print Name; , e Print Name: Timothy J. LaPorte, P.E. Its rY Its P lic W r s Director itle) itle� DATE: DATE: '2 G O APPROVED AS TO FORM: (applicable If Mayor's signature required) i t Kent Law Department enak-Poe llw Medians NO P/LnnghMz Y I I 1 AMENDMENT- 2 OF POTSmodem3 ( 2/5) 12/07/2015 03 : 10:45 PM -080( A�® DATE(M"INYVY) CERTIFICATE OF LIABILITY INSURANCE 12/7/2015 TJ - CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS Q iFICATE 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(lee) 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 endorsemenl(s). PRODUCER CONTACT Peggy MacMillan JD Fulwiler G Co. insurance, Inc. PHONE , (503)293-8325 1 WDNp(503)293-&d1B 5727 SW Macadan Ave E-Mmise:lamacmilIanojdfulwiler.com _ PO Box 69508 INSURES AFFORDING COVERAGE NAICa Portland OR 97239 INSURERAMravelers Indemnity Cc of CT 25682 INSURED INSUREBITrayelers Indemnity Co of Am 25666 Otak Inc, INSURme,Saif Corporation 36196 808 SW 3rd Ave Ste 300 INSUREROseazley Insurance Company Inc INsUREREAllianza Global_Aisk 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, EXCLUS IONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, C P LCY EFF POLICY E%P I Sp TYPE OF INSURANCE POLICY NVMaER DYYYY MDD/YY LIMITS X I COMMERCIAL GENERAL LIABILITY EAOHOCCURRENCE S 1,D00,000 D OE To TO RF INTE➢ A CLAIMS MADE O OCCUR PREMISES. ,o e —w S 300,000 X WA Stop Gap Liability 6801497P251 12/9/2015 12/9/2016 MED EXP Any ona amn $ 5,00D PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLES PER: GENERAL AGGREGATE $ 2,000,000 POLICY js I PRODUCTS-COMPOOPAGG $ 2,000,000 -OTHER: Employee Banana $ 1,000,000 ' ..UTOMOBILELIABRIIY �MB�INdEO Si G $ 11000,000 A X ANY AUTO BODILY INJURY(Per pmeon) $ X ALLOWNED SCHEDULED gp15 D2PB92 12/9/2015 12/9/2016 BODILY INJURY(Per acddeld) $ X HIRED AUTOS X AUTOS A AUTTOS Permd TYIDAMAGE $ Tw $ X UMBRELLA LAD I X OCR EACHOCCURRENCE $ 10 00,000 8 EXCESS LIAR CLAIM&MAID AGGREGATE $ 10 000 000 DED X AETENTIONII 1D 000 CW5CB970e11247 12/9/2015 12/9/2016 -1-15111- $ WORKERS COMPENSATION +•OBSGONk+ X STATUT ER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR4'ARTNERE%ECUTIVE — N)A dB7d31 DT91N INC d/1/2019 d/1/2016 E.L.EACH ACCIDENT $ 1,ODO 000 O OFFICEary In ER EXCLUDE04 967262 OTat! Arahihoa6a Ina 4/1/2019 4/1/2016 I.L.DISEASE-EA EMPLOYE S 1,000,000 '.. OFFIOL(Mandr thin NR7 if eddRIPTION aecVEeunderOFOPERATIONS belmv EL,DISEASE-POLICY LIMIT $ 1,000,000 DESC D A&E Pro£I1 w/Pollution V1025719D7D1 12/9/2015 12/9/2016 L1r1Ilper0lelrtPA9WDed 42m/$4m/$200R E Inland rTarine rIXI9307032B 12/9/2015 12/9/2016 Mlso Umchadulad llemelDed $100,00/$5k DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101.Addlllenal RemmXe Schadule,may 6o aRA6hod If more epAea Is requlred) WE: Pacific Hwy S Meridian; Excepting Professional Liability and Workers Compensation, the City of Kent is included as .an additional insured with regard to operations of the named insured in accordance with policy terms, conditions and exclusions per attached form CGD3810907; Separation of insureds per attached form CG0001; _ CERTIFICATE HOLDER CANCELLATION (253)856-6500 SHOULD.ANV OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ( 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS, Kent, WA 98032 AUTHORIZED REPRESENTATIVE P MacMillan/TMAYDA 0 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INReceived Time Dec, 7, 2015 3: 10PM No. 2144 I POTSmodem3 ( 3/5) 12/07/2015 03 : 11 : 52 PM -080( Additional Named Insureds 7. i Named Insureds HLH Otak Inc., an Oregon Corporation OTAA Architects Inc, a Washington Corporation Otak Architecto Inc., an Oregon Corporation Otak Engineering, Inc., an Oregon Corporation Otak International (Caymen Islandn) � Otak Nevada, LLC, an Oregon Limited Liability Cc Otak, Inc. 401R Employee Savings PlanI. Otak, Inc., a Colorado Corporation Otak, Inc., an Washington Corporation i i I I i I OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC Received Time Dec, 7, 2015 3: IOPM No. 2144 I POTSModem3 (4/5) 12/07/2015 03 : 12 : 10 PM -080( 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 INSURANCE (Section ill) for this Coverage (Section II): Part. Any person or organization 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 liability for"bodily In. However,if you specifically 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- sions or the acts or omissions of those acting on erage Part must apply on 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 tions; such additional insured which covers such addl- b. In. connection with premisea owned by or tional insured as a named insured, and we will not rented to you;or share with the other Insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs;and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify 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 thls Insur- son or organization has assumed liability 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 addltfonal Insured on any other basis,that Is avallable to the insured Is limited as follows: when the Insured Is an additional Insured under d, This Insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following Is added to Paragraph 8. Transfer age as an additional insured specifically Is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON. ago Part. DITIONS (Section li 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 servlces". payments we make for "bodily Injury", "property f. The limits of insurance afforded to the addi- damage" or "personal Injury" arising out of "your lional insured shall be the limits which you worts'performed by you, or on your behalf, under agreed In that "contract or agreement requlr- a"contractor 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 Pall, whichever are part of the"oontract or agreement requiring insur- less. This endorsement does not Increase the ante" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the"bodily CG D3 8109 87 ®2007 The Travelers Companles,Ino. Page 1 of 2 Inoludss the copyrighted material of Insurance Services Office, Inc.,with Its permission Received Time Dec. 7, 2015 3, 16PM No, 2144 POTSmodem3 (5/5) 12/07/2015 03 : 13 : 12 PM -080( COMMERCIAL GENERAL.LIABILITY injury" or "property damage" occurs, or the "par- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the 'personal In- D. The following definition is added to DEFINITIONS jury"is 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 the contract or agreement is der which you are required to include a person or in affect; and organization as an additional insured on this Cov- c. Before the end of the policy period. i : i I i i Page 2 of 2 ®2007 The Travelers Companies,Ina. CG D3 81 09 07 Includes the copyrighted material of Insurance services Office,Inc.,with Its permission Received Time Dec, 7, 2015 3: 10PM No. 2144