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HomeMy WebLinkAboutCAG2019-295 - Amendment - #1 - Otak, Inc. - Summit Landsburg Road and Rock Creek Culvert Replacement - 12/13/2019 Agreement Routing Form KEN T For Approvals, Signatures and Records Management Wn5tiiNOTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Steve Lincoln Department. Public Works Date Sent: 12/16/19 Date Required: 12/18/19 o Authorized Director or Designee Date of N/A a to Sign: Council QMayor Approval: Budget W20005 Grant? ❑ Yes No Account Number: Type: N/A Vendor Name: Otak, Inc. Category: Contract 0 Vendor Sub-Cate or 0 Number: 177103 9 Y Amendment 'o Project E Name: Summit Landsburg Rd. & Rock Creek Culvert Replacement A.0 = Project C Proect Extend the time of completion. Detai FAgreement 0 Basis for y Amount: Selection of vs Contractor. a Start Date: 12/13/19 o'c`�"N Termination Date: 51"t5D 12/31/20 Notice required prior to Yes No Contract Number: disclosure? ❑ ❑ i�Cr v201�I �Z9� Date Received by City Attorney: Comments: o+ 0 0 N a 0 ch Date Routed to the Mayor's Office: in d Date Routed to the City Clerk's Office: 'a a, Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 • KENT W A 5 H I N G T O N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Otak, Inc. CONTRACT NAME & PROJECT NUMBER: Summit Landsburg Road and Rock Creek Culvert Replacement ORIGINAL AGREEMENT DATE: May 9, 2019 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: No change to the scope of work, however an amendment is needed to extend the time of completion to December 31, 2020 to allow Otak to answer questions that may arise during design of the project. 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, $63,450 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $63,450 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $63,450 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/19 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (±) for this 366 calendar days Amendment Revised Time for Completion 12/31/20 (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 becomA effective on the last date written below. CON ULTANT/VEN OR: CITY OF KENT: I � � ft I By: Vh B .. (signatu e) ! sign ure) Print Na /_tfjcoM•t/� w ,f Print Name: Michael Mactutis P.E. Its 1q), Its Environmental Enaineering Manager title) ) DATE: I ( DATE: ATTEST: I APPROVED AST FO ft h.- (applicable if Mayor's signature required) Kent City Clerk Kent Law Department i I Otak-R.Ck Creek 1 Amd:/�incoin AMENDMENT - 2 OF 2 Client#: 53352 OTAKINC ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE 6/201/YYYY) 4/16I2019 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(ies)must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Greyling Ins. Brokerage/EPIC NAME:PHONE Carly Underwood AX A/C,No Ed):770.552.4225 A/C,No): 866.550.4082 3780 Mansell Road,Suite 370 E-MAIL rtunderwood re Iln Alpharetta,GA 30022 ADDRESS: ca Y• @9 Y gcom INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Phoenix Insurance Company 25623 INSURED INSURER B:Travelers Indemnity Company 25658 Otak, Inc. INSURER C:Beazley Insurance Company,Inc. 37540 Po SW Third Avenue, Suite 300 Travelers Indemnity Company Portland,OR 97204 INSURER D: Y p Y of America 25666 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 19-20 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. INSR ADDLSUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF �0% MM/DD/YYYY MLIMITS A X COMMERCIAL GENERAL LIABILITY 6805H2424691947 1/01/2019 0URRENCE $1 000000 CLAIMS-MADE OCCUR aoccurrence $1,000,000 ny one person) s5,000 &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $2,000,000 POLICY 51 JECT X LOC PRODUCTS-COMP/OP AGG $2,000,QOO OTHER: D AUTOMOBILE LIABILITY BA1502P89218GRP 1/0112019 01/01/202 EaaccidentSINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S HIRED X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE AUTOS ONLY j Per accident $ B X UMBRELLA LIAB X OCCUR CUP5C8570811847 1/01/2019 01/01/202 EACH OCCURRENCE $10 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE - $10 000 QQQ DED X RETENTION$1 OOOO $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED) ❑ N/A I Mandatory in NIH)and E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional V10267191001 1/01/2019 01/01/202 Per Claim $2,000,000 Liability Aggregate$4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Summit Landsburg Road and Rock Creek Culvert Replacement Project. The City of Kent are named as Additional Insureds with respects to General &Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1561975IM1427234 CUND1 DESCRIPTIONS (Continued from Page 1) [Should any of the above described policies be cancelled by the issuing insurer before the expiration date l,-reof,we will endeavor to provide 30 days' written notice(except 10 days for nonpayment of premium)to Certificate Holder. SAGITTA 25.3(2016/03) 2 of 2 #S1561975/M1427234 COMMERCIAL GENERAL LIABILITY Policy Number: 6805H2424691947 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 an additional insured on this Coverage Part, but: "written contract requiring insurance" a. Only with respect to liability for "bodily injury", specifically requires you to provide such 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 premises •,^: y ,r ri ayu ay yvu. pvna y Ncrivu, iryin%,iwvci i,P cd�7ici. 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 "bodilyinjury", is excess over any valid and collectible other ry , "property damage" or insurance, whether primary, excess, contingent or "personal injury" for which such person or on any other basis, that is available to the organization has assumed liability in a 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 Pala 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 is added by another endorsement to this insured which covers that person or organizations Coverage Part. as a named insured for such loss, and we will not f. This insurance does not apply to the share with the other insurance, provided that: rendering of or failure to render any (1) The "bodily injury" or "property damage" for "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 p 2015 The Travelers Indemnity company. All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc.,with its permission Page 1 of 2 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 LIABILITY CONDITIONS: "Written contract requiring insurance" means that 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 e dama " occurs and the work" performed by you, or on your behalf, done g "personal injury" is 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 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. Page 2 of 2 ©2015 The Travelers Indemnity Company.All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc., vnth its permission CG D3 81 09 15 ACo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/1 512 0 1 9 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(ies)must have ADDITIONAL INSURED provisions or 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 tON,ACT T Heather Beelar E: Elliott Powell Baden and Baker Inc. NE (503)227-1771 Ax No Ext: q/� N (503)274-7644An ISU Network Member L hbeelar ebb.com RESS: P1521 SW Salmon StreetINSURER(S)AFFORDING COVERAGE NAIC p Portland OR 97205-1783 SAIF RER A INSURED Otak Inc. INSURER B 808 SW 3rd Avenue Suite 300 INSURER C: INSURER D INSURER E: Portland OR 97204 INSURER F COVERAGES CERTIFICATE NUMBER: 19/20 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO LfCY 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 P LICY EFF P LICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYYYY MM/DD/Yl'YY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR A A D PREMISES Ea occurrence $ MED EXP(Any one person) $ PFRFr)NGI R nDv ini 1IPV GEN'L AGGREGATE LIMITAPPLIES PER: POLICY ❑ PRO ❑ GENERAL AGGREGATE $ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO Ea accident BODILY INJURY(Per person) $ AUTOOWNED SCHEDULED H REDS ONLY AUTOS BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAR OCCUR EXCESS LIAB EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION$ WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY PER OTH- ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N X STATUTE ER O A OFFICER/MEMBER EXCLUDED? N/A 487431 E.L.EACH ACCIDENT 1,000,000 (Mandatory in NH) 01/01/2019 01/01/2020 $ If yes,describe under E.L.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Rock Creek Fish Passage Project-Preliminary Design CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF 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. AUTHORIZED REPRESENTATIVE Kent WA 98032 6?�n ACORD 25(2016l03) The ACORD name and logo are registered marks of ACORD 15 ACORD CORPORATION. All rights reserved.