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HomeMy WebLinkAboutPW15-067 - Amendment - #1 - Ott Construction Consultants - S. 224th Street East Leg: Phase 1 - 12/23/2015 i Records �1naeenv KEN T �WA9HIN Document GTON ' Y Y�i 'Y 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: Ott Construction Consultants Vendor Number: JD Edwards Number Contract Number: P A i�'j 0 Lo_I - t'o- This is assigned by City Clerk's Office Project Name: S. 224fh Street - East Leg Phase 1 Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/23/15 Termination Date: 12/31/16 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) 6ftment Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2016 because we are still working on design of the SR 167 overpass and need the consultant for constructabilit review. 9 p y As of: 08/27/14 I: KENT AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Ott Construction Consultants CONTRACT NAME & PROJECT NUMBER: S. 224`" Street - East Lea Phase 1 ORIGINAL AGREEMENT DATE: March 6, 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 we are still working on design of the SR 167 overpass and need the consultant for constructability review. 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, $14,625.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $14,625.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $14,625.00 AMENDMENT - 1 OF 2 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/VENDOR: CITY OF KENT: (Glgnature) ((signature) Print Name: ` Print Name: Timothy J. LaPorte, P.E. Its wry"- Its Public Works Director (title) (titij?) DATE: l f -L f DATE:= �Z l APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Ott C.n,t.alon-224-Am4 1/Wgholz AMENDMENT - 2 OF 2 Original Time for Completion 12/31/15 (insert date) Revised Time for Completion under n/a prior Amendments j (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/VENDOR: CITY OF KENT: By: G % ^J By: (s' ature) _ (signature) Print Name: b", « Print Name: Timothy J. LaPorte P.E. Its Its Public Works Director (title) (title) DATE: // DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Ott Construction-2241"Amd I/L.nghd, AMENDMENT - 2 OF 2 �r 4/08/2 Client#: 1045900 WILLIOTT2 AC®RDT. CERTIFICATE OF LIABILITY INSURANCE DATE 1 108/2015 „-"!I(IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS iRTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES .,FLOW.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 CONTACT '.. NAME: Kibble&Prentice,a USI Co PR PnIHc°No Ez1:206 441-63D0 - aX,No: 610-362-8530 '.. 601 Union Street,Suite 1000 E-MAIL m.com pL.Certre uest@k co Seattle,WA 98101 ADDRESS; q p _. ,. .... INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Co. of Amer 25666 INSURED ._.. _.. William P.Ott INsuRBRe:.Navigators Insurance Company 42307. 129 E. Lake Sammamish Shorelane NE INSURER C: Sammamish,WA 98074 INSURER D: INSURERE: INSURER F: 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 CONTRACTOR 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. VNSR ADDLiSUBR POLICY EFF POLICY EXP TR TYPE OF INSURANCE 3 VD POLICY NUMBER _ MMIDDN YV) (MMID_DNYV)l LIMITS A GENERAL LIABILITY 6BOOD943278 4/05/2015 04/051201E EACH OCCURRENCE $1000000 X!COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 CLAIMS-MADE �OCCUR MED EXP(Any one erson) $1 D 000 PERSONAL&ADV INJURY $1,000,000 _ GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PEW PRODUCTS-COMPIO_PAGG $2,000,000 I(. POLICY P ECRO- T .��LOC $ J - _ POMOBILE LIABILITY _ 680OD943276 4/05/2015 04/05/201 COMBINED SINCLE UQTT ! Ea accident 1,UOQ000 ANYAUTO BODILY INJURY(Par person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS X AUTOS Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE_ _ $ EXCESS LIAB CLAIMS MADE AGGREGATE $ DED I I RETENTION$ _ $ A WORKERS COMPENSATION 6800D943278 4/05/2015 04(05/201 X 'T"G sTLT TS orH AND EMPLOYERS'LIABILITY ANVPROPRIETORIEXCLUDRIEXECUTIVE YIN (WA Stop Gap) E.L.EACH ACCIDENT $1000000 OFFICERlMEMBER EXCLUDED? � NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If Yes,describe under -- DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional CM15DPLO478431V 4/05/2015 04/05/2016 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE:Consultant Services Agreement-S.224th Street-East Leg Phase 1 Project The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to the City of Kent Engineering only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. I CERTIFICATE HOLDER CANCELLATION City of Kent Engineering SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN l 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S14837258IM14834926 RRBZP Policy 4680OD943278 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided underthe 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- slons 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 addi- 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: { 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 11 organization does not quality 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 liability In a con- ante 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 any person or organization for which cover- C. The following Is added to Paragraph S. 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- age part. DITIONS (Section IV): 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 addi- damage" or 'personal Injury" arising out of "your tional insured shall be the limits 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 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 81 09 07 ©2001 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission ! i COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- 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 effect; 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,Inc. CG D3 8109 07 , Includes the copyrighted material of Insurance services Office,Inc.,with its permission 's i I I POLICY NUMBER: 60478 00 65 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply un modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated below. Endorsement Effective: 03/02/2015 Countersigned By: Named Insured: S� / L William Ott Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): The City of Kent Engineering (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown In the Schedule Is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form, i i i CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1