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HomeMy WebLinkAboutPW17-117 - Amendment - #1 - Otak, Inc. - Briscoe Desimone Levee Reach 1, 2, & 3 - 12/19/2017 p"r p/'✓%��v✓�/�r�i�, /�l all �l i leCordS M / '' r1l ` ' -urY mu `,r;r�o T �Ai111" Document ii��'iU ■ PAW/,''uY r sf r�rri ua yl 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: (] , � 11 y � This is assigned by City Clerk's Office Project Name: Briscoe-Desimone Levee Reach 1, 2 and 3 Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/19/17 Termination Date: 6/30/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineerinq 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, 2018 because the project is currently under construction and the consultant shall provide construction oversight through spring 2018. As of: 08/27/14 T w _111111.,�11 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Ptak, Inc. CONTRACT NAME & PROJECT NUMBER: Briscoe-Desimone Levee Reach 1, 2 and 3 ORIGINAL AGREEMENT DATE: February 24, 2017 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 June 30, 2018 because the project is currently under construction. The Consultant shall provide construction oversight through spring 2018. 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, $15,500,00 including applicable WSST ._._.._..._....__..n--g_.,y_ _,...... m........., Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $15,500.00 including all previous amendments _............,.............. .._...._.._......., ._.._..................... Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment ---------- Revised __-._Revised Contract Sum $15,500,00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/17 (insert date) ................... Revised... -T—Im'e for Completion under n/a prior Amendments (insert date) ............ ................. Add'l Days Required for this 181 calendar days Amendment l --- -------- vised Time for Completion 6/30/18 (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: C-A,^ By:- By; sag t (" 'at .. (signature) tt Print Name� e. Print Name:_ILrrl_Qthy I, LaPorLe,_EE. Its Public Worls Director itlt.) (title DATE: --—-—------------ ............................... APPROVED AS TO FORM: (apphcabYe if Mayor's signature required) Kent Law Department ................ Utak Brl coe Levee 4 Amd IlLangholz AMENDMENT - 2 OF 2 IMMIDDI ATE bia CERTIFICATE OF LIABILITY INSURANCE D3/le/2o 17 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 11RTIFICATE DOE'S NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES AGLOW. T141S 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 endomement(s). PRODUCER CONTACT Pa MacMillan .NAME ggy _—...__ .... .__ SD Fulwiler & Cc. Insurance, Inc. PHONE (503)293-8325 ^ FAX . (s0. .v u37z se A _ 4A(O..Ng1�. .. 5727 9W Macadam Ave UUO AQOIO'EXU .,. N m p a cm.111anQJdfuIw11 er.c o m ,,,,,_...,.. .. ........... .. .. ...... ........... ,.._,_,_, .. .... PO Box 69508 INSURERISI AFFORDING COVERAGE NAIC# Portland OR 97239 INSURER A:Travel ere Indemnity Cc of CT 25682 INSURED INSURER B Trave l era Indemnity Cc of Am 25666 ................... ..._..._ __..._ Otak Inc. INSURERc,Saif Corporation 36196 808 SW 3rd Ave Ste 300 INSURER D.Beazlev Insurance CC= nv Inc INSURERE:AGCS Marine Insurance 'Portland OR 97204 INSURER F'. COVERAGES CERTIFICATE NUMBER:17/18 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, .... .... ....,,iAtPL1L'STdBIY ._._.. ....... .�__ POLFCW �� POLIC'M'ETP. . ...,.._ ... _----... ... .... ITR TYPE OF INSURANCE POLICY NUMBER ( ryyyy h4 Dryyyy LIMITS , en wan X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S. 11000,000 A CL4IMS MADE P CFAAOD 7(.,, OCCUR PRJIMI`IY'.t6ifP 4.50VnVn_E9�1 $ 300 000 X WA Stop Gap Liability X 690511242469 1/1/2017 1/1/2018 MED EXP(Any one person) $ 5,000 PERSONA_B ADV INJURY $ 1,000,000 GEN L AGGREGATryE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY�.XIPEO „X.,� LOC PRODUCTS-COMPIOP AGG $ 2,000,000 II OTHER. Emplcyae Benefits $ 11000,000 ,AUTOMOBILE LIABILITY sn�vin�E5 s R 5 1,000,000 ..CF:A.. 1.. ... ........ _ ....._ 1- A X ANY AUTO BODILY INJURY(Par person) $ - ALL OWNED -- SCHEDULED BA1502PB92 1 1 AUTOS AUTOS X / /201] 1/1/2010 BODILY INJURV(Par accidenU $ NON-0WNED PROPER rY DAJWAGE - _-- X HIRED AUTOS X AUTOS Tonaccidkclll_ _ $..._ _...... Towing $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10.000.2.02 B EXCESS LAB GLAIMS MADE AGGREGATE 8 10 000 000 DE❑ X RETENTION$ 10.000 X CUP5C8570311247 1/1/2017 1/1/2019 $ WORKERS COMPENSATION OREGON X PER AND EMPLOYERTUABILITY YIN RTATI ITF FR ANY PROPRIETORIPARTNER/EXECUTIVE NIA 967262 OTAK Architects Inc EL EACH ACCIDENT b 1,.000.000 OFFICERIMEMBER EXCLUDED? - """'--- -- - "' C (Mandatory In NH) '- 487431 DTAK INC 4/1/2017 1/1/2018 EL,DISEASE-EAEMPLOYEE $ 1,000.000 (yes.describe under _.:.. ._...-, .......� DESCRIPTION OF OPERATIONSbsw E.L.DISEASE-POLICY LIMIT $ 1.000.000 D A&E Prof'1 W/Pollution V10267160001 1/1/2017 1/1/2010 Limits per Cleim/AgglOed $2m/$4m/$200K E Inland Marine M 193070329 1/1/2017 1/1/2018 Mlsc Unscheduled ltensO).d $100,000/$1k DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES (A CORD 101,Additional Remarks Schedule,may be attached If mare apace Is required) RE: Briscoe/Desimone Levee Reach 1; Certificate holder in included as an additional insured on the general liability and auto liability with regards to ongoing and completed operations of the named insured subject to policy terms, conditions and exclusions per attached forma CGD381, CGU382 & CAT4370608 It is further agreed that coverage is primary and non-contributory; CERTIFICATE HOLDER CANCELLATION NYoshitake®KentWA.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Nancy, Yoshitake, Contract Specialist ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave Kent, WA 98032 AUTHORIZED REPRESENTATIVE P MacMillan/TMAYDA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 r7M401) Additional Named Insureds 'ver Named Insureds HLB Otak Inc„ an Oregon Corporation OI'AK Architects Inc, a Washington Corporation Otak Architects Inc., an Oregon Corporation Otak Engineex'ing, Inc., an Oregon Corporation Otak International (Caynien Islands) Otik Nevada, LLC, an Oregon Limited Liability Co Otak, Inc. 401K ETRP10yee Savings Plan Otak, Inc., a Colorado Corporation Otak, Inc., an Washington Corporation OFAPPINF(W2007) COPYRIGHT 2007,AMS SERVICES INC Policy 680 5H242469 -- 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 1. The following is added to SECTION II —WHO IS In. 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 "producls- "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" 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 quality 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 to the contract or agreement. additional insured for a loss we cover. However, if 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 to other insurance available to the additional c added by another endorsement this insured which covers that person or organizations as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the rendering" of or failure to render any (1) The "bodily injury" or "property damage" far 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 sought arises out of an offense committed; Coverage Part shown in the Declarations 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 ©2015 The Travelers Indemnity Company.Ali rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Orrice,Inc,with its permission COMMERCIAL GENERAL LIABILITY 1 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 LIABILITY CONDITIONS: "Written contract requiring asuranoe" means that We waive any right of recovery we may have part of any written contract'. under which you are required to include a person or organization as an against any person or organization because Payments we make for "bodily Injury, "property additional insured on this Coverage Part, damage" or "personal injury" arising out of "your provided that the "bodily injury' and "property work" performed by you, or on your behalf, done damage" occurs and the "personal injury"" is under a "written contract requiring insurance" with caused by an offense committed:. 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 the "written contract requiring Insurance" with b• While that part of the written contract is in such person or organization signed by you effect;and before, and in effect when, the "bodily injury'" or c. Before the end of the policy period. "°property damage" occurs,or the"personal injury" Offense is committed. A Page 2 of 2 02015 The Travelers indemnity Com i All rights Includes the copprightetl material of Insurance Servlc c office,Inc. with s permission CG D3 81 09 15 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSONS OR ORGANIZATIONS: Per Certificate PROJECTILOCATION OF COVERED OPERATIONS: Per Certificate X PROVISIONS 1. The following is added to SECTION II —WHO IS e. This insurance does not apply to the AN INSURED: rendering of or failure to render any The person or organization shown in the "professional services". Schedule above is an additional insured on this f. In the event that the Limits of Insurance of the Coverage Part, but: Coverage Part shown in the Declarations exceed the limits of liability required by the a. Only with respect to liability for"bodily injury", "written contract requiring insurance", the "property damage" or"personal injury"; and insurance provided to the additional insured b. If, and only to the extent that, the injury or shall be limited to the limits of liability required damage is caused by acts or omissions of by that "written contract requiring insurance". you or your subcontractor in the performance This endorsement does not increase the of "your work" to which the "written contract limits of insurance described in Section III — requiring insurance" applies, or in connection Limits Of Insurance. with premises owned by or rented to you. g. This insurance does not apply to "bodily The person or organization does not qualify as an injury" or"property damage" caused by "your additional insured: work" and included in the "products• completed operations hazard" unless the c. With respect to the independent acts or "written contract requiring insurance" omissions of such person or organization; or specifically requires you to provide such d. For "bodily injury", "property damage" or coverage for that additional insured, and then "personal injury" for which such person or the insurance provided to that additional organization has assumed liability in a insured applies only to such "bodily injury" or contract or agreement. "property damage"that occurs before the end of the period of time for which the "written The insurance provided to such additional insured contract requiring insurance" requires you to is limited as follows: provide such coverage or the end of the policy period, whichever is earlier. CG D3 82 09 15 ®2015 The Travelers Indemnity Company.AN rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services OtNce,Inc.,with Ns permission COMMERCIAL GENERAL LIABILITY 2. The following is added to Paragraph 4.a. of 3. The following is added to Paragraph B., Transfer SECTION IV — COMMERCIAL GENERAL Of Rights Of Recovery Against Others To Us, LIABILITY CONDITIONS: of SECTION IV — COMMERCIAL GENERAL The insurance provided to the additional insured LIABILITY CONDITIONS: shown In the Schedule above is excess aver any We waive any right of recovery we may have valid and collectible other insurance, whether against the additional insured shown in the primary, excess, contingent or on any other basis, Schedule above because of payments we make that is available to the additional Insured for a loss for"bodily injury", "property damage" or"personal we cover. However, if you specifically agree in the injury" arising out of "your work" on or for the "written contract requiring insurance" that this project, or at the location, shown in the Schedule insurance provided to the additional insured above, performed by you or on your behalf, done under this Coverage Pert must apply on a primary under a "written contract requiring insurance"with basis or a primary and non-contributory basis, to waive this right this that person or organization. only where you have agreed to do so as part of insurance is primary to other insurance available the "written contract requiring Insurance" with to the additional insured which covers that person such person or organization signed by you or organization as a named insured for such loss, before, and in effect when, the "bodily injury" or and we will not share with the other insurance, "property damage" occurs, or the"personal injury" provided that: offense is committed. (1) The "bodily injury" or "property damage" for 4. The following definition is added to the which coverage is sought occurs; and DEFINITIONS Section: (2) The "personal injury" for which coverage is "Written contract requiring insurance" means that sought arises out of an offense committed; part of any written contract with the person or organizations shown in the Schedule above, after you have signed that "written contract under which you are required to include that requiring insurance". But this insurance provided person or organization as an additional insured to the additional insured still is excess over valid on this Coverage Part, provided that the "bodily and collectible other insurance, whether primary, injury" and "property damage" occurs and the excess, contingent or on any other basis, that is "personal injury" is caused by an offense available to the additional insured when that committed: person or organization is an additional insured a. After you have signed that written contract; under any other insurance. b. While that part of the written contract is in effect; and c. Before the end of the policy period. 3 i Page 2 of 2 0 2015 The Travelers Indemnity Company.All rights reserved. CG D3 82 09 15 Includes the copyrighted malerlal of Insurance Services Office,Inc.,with Its permisslon