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HomeMy WebLinkAboutPW15-217 - Amendment - #2 - Otak, Inc. - Central Ave N Improvements - 12/12/2016 Reco KENT � Document�"� WA9HINGTON Lh rstb°..? � 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: )D Edwards Number Contract Number: 1 �Vly~ 7, 1-1 006 This is assigned by City Clerk's Office Project Name: Central Ave. Improvements Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/12/16 Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: M. Madfai Department: Public Works Contract Amount: $0.00 =rtmentDii Approval Authority: (CIRCLE ON Dep Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Time extension due to continued work required on landscaping options. I As of: 08/27/14 i T wns Hio.o AMENDMENT NO. 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, j 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, 2017 due to continued work required on landscaping options. 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 $o including applicable WSST Current Contract Amount $8,000.00 including all previous amendments Current Amendment Sum $8,000.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $8,000.00 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'1 Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 12/31/17 (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: t M, By:" t �gna uFe �( � 4 sr nature) Print Name: Print Name: Timothy J. LaPorte, P.E. Its } ,r4a u ,= ,, Its Public Works Director , ) (title) DATE: DATE: • `, ;F `f/ APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department i I II AMENDMENT - 2 OF 2 '� ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DO/Y YY) 10/27/2016 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(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 MacMillan NAME: JD Fulwiler & Co. Insurance, Inc. PHONE (503)293-8325 FAX (503)293-5418 _(ALB o E [ _ IAlC Nei: 5727 SW Macadam Ave ADDRESS,S ,pmacmil lan@j dfulwi l er,cam PO Box 69508 INSURER(S)AFFORDING COVERAGE NAIC N Portland OR 97239 INSURER A:Traveler s Indemnity Cc of CT 25682 _ INSURED INSURER B Travelers Indemnity Co of Am 25666 Otak Inc. INSURERC:Saif Corporation 36196 808 SW 3rd Ave Ste 300 INSURER D Beazle Insurance Com an Inc __ INSURERE:AGCS Marine Insurance Portland OR 97204 INSURER F: COVERAGES CERTIFICATE NUMBER:16/18 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 PuE SWVD UER POLICY NUMBER MMIDOAEFF POLMMIODYIVYry LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGE TO RENTED 300,000 A 'I I CLAIMS MADE C:OCCUR PREMISES(Ea occurrence $ _ X I WA Stop Gap Liability 660511242469 12/9/2D16 1/l/2018 VIED EXP(Any one person) $ 51000 PERSONAL B ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY I.XJ JECT [KLOG PRODUCTS-COMPIOP AGO $ 2,000,000 OTHER I Employee Herois $ 1,000,000 COMBINED SINGLE LIMIT $ 1,000,000 AUTOMOBILE LIABILITY Ea accident)_.. - - A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BA1502P892 12/9/2016 1/1/2018 BODILY INJURY(Peraccldent) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTDS X AUTOS Peraceldenl _ Tordn $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 B EXCESS LIAB _ CLAIMS-MADE AGGREGATE _. $ 10,000,000 DIED FX I RETENTION$ 10,000 CUP5CB570611249 12/9/2016 1/l/2018 $ WORKERS COMPENSATION oRRGON 'Y STATUTE I.ORH AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE Y� N/A 967262 OTAK Architects Inc E L EACH ACCIDENT. $ 1,000,000 OFFICERNEMBEft EXCLUDE07 C (Mandatory in NHl 487431 OTAK INC 4/1/2016 4/l/2017 EL DISEASE-EA EMPLOYE $ 11000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 11000,000 D A&E Prof-'1 W/Pollution V1026160801 12/9/2016 1/1/2018 Limits per ClumlAgglDed $2m/$4m/$200K E Inland Marine IMI93070329 12/9/2016 1/1/2018 Mlsc Unscheduled ltemslDetl $100,000/$lk DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE: Central Ave. North Street Tree Replanting: The City of Kent is included as an additional insured on the general liability 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; CERTIFICATE HOLDER CANCELLATION (253) 856-6500 mmad£aiQakentwa.gov SHOULD ANY OF 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 Gower Kent, WA 98032 AUTHORIZED REPRESENTATIVE P MacMillan/TMAYDA ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INSD25 Gm1401l Additional Named Insureds Other Named Insureds HLP Otak Inc— an Oregon Corporation OTAK Architects Inc, a Washington Corporation OLak Architects Inc., an Oregon Corporation Otak Engineering, Inc., an Oregon Corporation OLak International (Caymen Islands) Otak Nevada, LLC, an Oregon Limited Liability Cc Otak, Inc. 401K Employee Savings Plan Otak, Inc., a Colorado Corporation Otak, Inc., an Washington Corporation I li OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC is COMMERCIAL GENERAL LIABILITY I 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 1. The following is added to SECTION II — WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance"to include as completed operations hazard" unless the "written contract requiring insurance" an additional insured on this Coverage Part, but: specifically requires you to provide such a. Only with respect to liability for"bodily injury", coverage for that additional insured, and then "property damage" or"personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available the additional insured for a loss we cover. However, if contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organization for which non-contributory basis, this insurance is primary coverage as an additional insured specifically in other insurance available is added by another endorsement to this insured which covers that personn or organizations the additional Coverage Part. as a named insured for such loss, and we will not share with the other insurance, provided that: f. This insurance does not apply to the 1 y injury" or "property damage" for rendering of or failure to render any ( ) The "bodily "professional services". which coverage is sought occurs; and g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance", excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 0 201 S The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance"with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you c. Before the end of the policy period. before, and in effect when, the "bodily injury' or "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 02015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission