HomeMy WebLinkAboutPW15-222 - Amendment - #2 - Otak, Inc. - James Street Sidewalks - 09/21/2016 I:
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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.
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Vendor Name: Otak, Inc.
Vendor Number:
JD Edwards Number
Contract Number: F6( 15 -
This is assigned by City Clerk's Office
Project Name: James Street Sidewalks
Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract
❑ Other:
Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/16
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Toby Hallock Department: Engineering
Contract Amount: $2,950.00
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Extend the landscape and irrigation design along the south side of East James Street
from Woodford Ave. N. to State Ave. N.
As of: 08/27/14
KENT
was Hixc+aH
AMENDMENT NO. 2
NAME OF CONSULTANT OR VENDOR: Otak, Inc.
CONTRACT NAME & PROJECT NUMBER: James St. Sidewalks
ORIGINAL AGREEMENT DATE: June 15, 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:
Extend the landscape and irrigation design along the south side
of East James Street from Woodford Ave. N. to State Ave. N.
For a description, see the Consultant's Scope of Work which is
attached as Exhibit A and incorporated by this reference.
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, $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 $2,950.00
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $10,950.00
AMENDMENT - 1 OF 2
Original Time for Completion 12/31/15
(insert date)
Revised Time for Completion under 12/31/16
prior Amendments
(insert date)
Add'I Days Required (f) for this 0 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:
y. C __
Nl B z.
gna'u e , _ ,." tti (signature)
Print Name, ° 11", Flint RE pe: Suzette Cooke
Its rikel,4a 1 its-' Mayor
t/tlf:) ,`r (tithe)
DATE: 9 DATE: � + /I'
f 1
APPROVED AS TO FORM:
(applicable If Mayor's sig ature re ulred)
/
Kent Law Departure t `
James St Sidewalks Amd 2/11allock
AMENDMENT - 2 OF 2
EXHIBIT A
Contract Amendment #2
Scope of Work
September I, 2016
East James Street Landscape Design
Extension from Woodford Ave N to Central Avenue N
Purpose
The purpose of this contract amendment is to extend the landscape and irrigation design
along the south side of E ast James Street from Woodford Avenue North to State Avenue
North.This extension is approximately 250 lineal feet,The landscape and irrigation design is
to follow the same design established in the landscape and irrigation design cast of this
project site,from Woodford Avenue North to 102' Avenue SE,
Background
The City of Kent has completed new sidewakc improvements along East Jarnes Street,The
City of Kent contracted with Otak, Inc,to provide design concepts for landscape and
irrigation design in the form of construction drawings and specifications.The initial phase of
this project included.public outreach discussing the infeasibility of replanting street trees
along East James Street due to the challenges of a narrow planting strip, providing vertical
and horizontal clearance to vehicular and pedestrian traffic and the interest in preserving the
new sidewalks in good condition without constrained roots lifting or cracking the repaired
cement concrete sidewalk.
i
Otak,Inc, developed final landscape and irrigation construction drawings in February of
2016,The project extent was approximately 5,700 lineal feet or 1,1 miles along E ast James
Street between Woodford Avenue North and 10V'Avenue SE.
Contract Amendment#1 was to extend the contract time for 1 year.
Task 1.0 Final Construction Documents
Otak will prepare final construction documents for landscape plantings and irrigation design
along E ast James Street based on the final drawings of the project to the west of Woodford
Avenue North.The construction documents will only include landscape planting and
irrigation plas along with any new details and specifications. Existing details and special
provisions to the WSDOT Standard Specifications associated with the existing construction
contract documents will be referenced in this submittal. Otak will prepare a final cost
estimate.There will be two submittals, one draft for City staff to review and comment and a
final for inclusion in change order construction documents. It is assumed this task will
require not require on in-person meeting with City staff to review comments.
Delimrabks,- Draft Constrmlion Documents(Drawings, Spe4fications and Estimate)
Fwal Construction Documents(Drawings, Sjpedfiratims and Estimate)
City of Kent
Gast .lames Landscape Design Contract Amendment ]
otak
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Scope of Work
Continued
Task 1.0—Total Hourly Labor Allowance (NTE) $2800
Reimbursable Expense Budget (NTE) $150
Total Contract Budget (NTE) $2950
Compensation
As compensation for the performance of the services described above, Otak will be
reimbursed by City of Kent on a time and materials basis to a not-to-exeeed contract
amount. In-house reimbursable expenses for all tasks will be invoiced on a cost plus ten
percent(10°/o)basis. Any out-of-house direct costs will be invoiced at cost plus ten percent
(10%).An hourly rate schedule for each anticipated labor category has been attached as
reference.Invoices will be sent monthly, Otak agrees to inform the Client if the Scope of
Work extends beyond that which is currently contracted prior to performing the work. Otak
w ll require written approval before completing work in addition to the estimated time and
materials allowance presented in this proposal.
Schedule
We will work with the City of Kent to establish submittal dates on a task-by-task basis.
Assumptions
This proposal and Otales agreement to perform said services is based upon the following
asstunptioas:
1. The Client shall furnish basic information,prepared or obtained by others,which is
pertinent to the services contained in this proposal,including design level topographic
mapping of all areas within the project scope of work.This data w411 be provided in an
AutoCad format version 2014 or more current.
2• The Client will prepare and submit all application forms for required permits including
City of Kent construction permits.
3. No public or in-house meetings are associated with this scope of work.
4. The Client shall provide access and make all provisions necessary to enter public and
private property as required to perform services covered by this proposal.
5. The project does not include any permanent lighting design.
6. Documentation of existing utility conflicts is to be provided by the City of Kent.
7. As-builts are not in this scope,but may be added via a supplemental agreement.
8. Irrigation connections will be reflected in a schematic form, as detailed locations of
water mains is not available.
9, City of Kent will prepare any required traffic control plans and temporary erosion and
sediment control plans.
City of Kent
East .lames Landscape Design Contract Amendment
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4C®®® CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYY'O
3/23/2016 I
TI_ CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
C .FICATE 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(les) 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 Peggy MacMillNAME! an
LTD Fulwiler & Co. Insurance, Ina. PHONE (503)293-8325 PA/C No : (503)293-5416
5727 SW Macadam Ave E-MAIL s;pmacm_illan@jdfulwiler.com
PO Sox 69508 INSURERS AFFORDING COVERAGE NAIC9
Portland OR 97239_ INSURER A;Travelers Indemnity Co of CT 25682
INSURED INSURERs:Travelers indemnity Co of Am 25666
Otak Inc. INSURERC:Saif Corporation 39196
808 SW 3rd Ave Ste 300 INSURER n Bea zley Insurance Company Inc
INSURE_R_EAllianza Global-Risk US Insurance '
Portland OR 97204 INSURER F:
COVERAGES CERTIFICATE NUMB ER: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.
ILTF WPEOFINSURANCE POUOVNUMaEH MMIDDYYYYY MMiDDVEY P LIMITS
X COMMERCIALGENERAL LIABILITY EACH OCOUHHENCE S 1,D00,000
A CLAIMS MADE1XI OCCUR OAMAGETO RENTED 300,000
PREMISES JE.occurrence S
X WA Stop Gap Liability 69D1497P251 12/5/201.5 12/9/2G16 MED EXP(Any one person) $ 5,001)
PERSONAL&ADV INJURY _ S 1,000000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE S 2,000,000
POMCYIIJE� LCC PRODUCTS-COMP/OPAGG $ 2,000,000
OTHER: Employ..Baneills § 1,DOD,ODD
gAALNLyAUATN0F
MOBILELIABILITYCOMBINED SINGLELIMIT $ 1,000,ODD
Ea accidantABODILY I NJURY(Per person) $
DSCHEDULED
UTOSAUTOS BA1502P892 12/9/2015 12/9/2016 BODI LY I NJURY(Par accdent) $
IREDlJT05 X NON-OWNED PROPERTY DAMAGE $
AUTOS Per e t
_ To n 5
X UMBRELLALIAD X OCCUR EACH OCCURRENCE $ 10 DOD 000
B EXCESS LIAR GLAIMSMADE AGGREGATE $ 10 000,()00
❑ED X I 13ETFNTONJ 10,000 cuTSCA570811247 12/9/2015 12/9/2016 g
WORKERS COMPENSATION +*OAEG-0N** X PER TH-
ANO EMPLOYERS'LIABILITY ,STATUE ER
ANY PROPRIETORJPARTNERIEXECUTNE YfN 487431 OTAK SNC 4/1/2016 4/1/2017 E.L.EACH ACCIDENT $ 1,000,01)0
C OFFICERIMEMBER EXCLUDED? FNI NIA
(Mandelnry io NH) 967262 OTAX ArcLitacta Inc 4/l/2016 4/1/2017 111.0ISEASE-FAEMPLOYE 5 1 000 ODD
Ifyee,descdbeunder
DESCRIPTION OFOPERATIONS L low EL.DISEASE-POLICY LIMIT $ 1,000,000
D A&E Prof'1 w/Pollution V10267150701 12/9/2015 12/9/2015 Limit per claim/AgUU.d $2m/$4m/$20OK
E Inland Marine Nx193070328 12/9/2015 12/9/2016 (disc Unscheduled ltoo-WDed $100,00/$5k
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 1 D1,Addlll0hal RamarR8 Sc IHIUIo,may bo aluchod If mom epaco la requirad)
RE: East James Street Tree REplanting; Exept the Workers' Compensation and Professional Liability, The
City of Kent is included as an additional insured with regard to operations of the named insured subject
to policy terms, conditions and exclusions per attached form CGD3810907; it is further agreed that
coverage is primary and non-contributory; 30 day notice of cancellation except for 10 day notice for
non-payemat of premium; All operations of the named insured subject to policy terms, conditions and
exclusions
CERTIFICATE HOLDER CANCELLATION
(253) 856-6500
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
lark Madfai ACCORDANCE WITH THE POLICY PROVISIONS.
400 West Gowe
Kent, WA 98032 AUTHORIZED REPRESENTATIVE
P MacMillan/TMAYDA
01988-2014ACORDCORPORAT[ON. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
NS025 ram 4nn
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Additional Named Insureds
C JamedInsureds
HLE Otak Inc., an Oregon Corporation
OTAK P_rchitects Inc, a Washington Corporation
Otak Architecta Inc„ an Oregon Corporation
Otak Enaineering, Inc., an Oregon Corporation
Otak International (Cayman Islands)
Otak Nevada, LLC, an Oregon Limited Liability Cc
Otak, Inc. 401K E3 ploy.. Savings Plan
Otak, _no., a Colorado Corporation
i
Otak, Inc., an Washington Corporation
I
OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES ING
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6801497P251
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURE[
(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 III) for this Coverage
(Section 11): 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 1V):
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 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 organization does not qualify as sought arises out of an offense committed;
an additional insured for "bodily injury", "properly 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
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-
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 wont" 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 0 20e7 The Travelers companies,Inc. Page 1 of 2
Includes the copyrighted material of Insurance services Office, Inc.,with Its permission
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COMMERCIAL GENERAL LIABILITY
injury' or "property damage" occurs, or the "per- arage Part, provided that the "bodily Injury" and
sonal injury"offense is committed. 'properly 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 contrail 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.
III
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Page 2 of 2 ®2007 The Travelers Companies, Inc, CG O3 31 09 07
Includes the ourrydghled material of Insurance Services offlco,Inc.,with Its permission
REQUEST FOR MAYOR'S SIGNATURE
1C�tdT Incr..,
Routing Information: _ t
(Alt REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)'-------•- r -*'•"
ApprolQgd by�=
Originator: Toby Hallock Phone (Originator): 5536
Date Sent: �r /f Date Required: �9jC � 6t
Return Signed Document to: Nancy YDshitake Contract Termination Date: 12/3 1/16
VENDOR NAME: Date Finance Notified:Otak iInc. (Only required on contracts ��2 //�16
20 000 and over or on.any Grant)
DATE OF COUNCIL APPROVAL: �/� Date Risk Manager'Notified:N/A
(Required on Non-City Standard Contracts A reements
Has this Document been Spec if'cail Account Number:
��39
Authorized in the Bud et? ® YES NO
Brief Explanation of Document:
The attached Amendment No. 2 With Otak is to extend the landscape irrigation design
along the south side of East James Street from Woodford Ave. N. to State Ave, N.
AI ct 11 to Through The Law Department
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�i.This aj�.eq to pe completed by the Law Department) lfZ
Received: 2
Approval of Law Dept.:
Law De t, Comment __ -'� �
Date Forwarded to M i
Shaded Areas To Be Completed By Administration Staff
Received;
Recommendations and Comments:
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Date Returned:
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