Loading...
HomeMy WebLinkAboutPW13-196 - Amendment - #2 - Allen Brackett Shedd - SR 516 to S. 231st Way Levee - 12/03/2013 Records Manageme * �-►� KENT Document 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. I Vendor Name: Valbridge Property Advisors I Allen Brackett Shedd Vendor Number: ]D Edwards Number Contract Number: If- C This is assigned by City Clerk's Office Project Name: SR 516 to S. 231't Way Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other; Contract Effective Date: 12/4/14 Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ingrid Willms-Dixon Department: Engineering Contract Amount: 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 December 31, 2015 because of the possiblity that the golf course area will need to be appraised. As Of: 08/27/14 KENT AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Valbridge Property Advisors I Allen Brackett Shedd CONTRACT NAME & PROJECT NUMBER: SR 516 to S. 2315t Way Levee ORIGINAL AGREEMENT DATE: August 13, 2013 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, 2015 because of the possiblity that the golf course area will need to be appraised. 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, $6,500.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $6,500.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment i Revised Contract Sum $6,500.00 I I AMENDMENT - 1 OF 2 Original Time for Completion 12/31/13 (insert date) Revised Time for Completion under 12/31/14 prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 12/31/15 (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: ` By_ r c� r (signature) y �j (signature) Print Name: xr-( ,, A fir, _ Print Name: Timothy J. LaPorte P.E. Its s .. ...._ Its Public Works Director title). DATE: DATE'S' / f APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Valbridge-SR 516 Amd 2{Willms Dkon AMENDMENT - 2 OF 2 DATE(MMIDDIYYY1g Al Rom" CERTIFICATE OF LIABILITY INSURANCE 03/27/2014 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). CONT CT PRODUCER NAME: Scott Seitz PHONE Soloman Insurance LLC Arc No Brit, (253)566 1069 Atc,No): 860-566-0991 415 Berkeley Ave ADDRESS. scott@solomanins.com INSURERS)AFFORDING COVERAGE NAIL University Place WA 98466 INSURER A: Hartford Casualty Insurance Company INSURED INSURER B: Bruce C.Allen&Associates Allen Brackett Shedd INsuRER c; A Washington Corporation 12320 NE 8th Street,Suite 200 INSURER E Bellevue WA 98005 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NU R:MBE 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 MAYBE 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. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIODNYYY) MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OC U CRRENCE $ 2,QOO,000 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 300,DO0 CLAIMS-MADE VOCCUR _ MEDEXP(Anyone parson) $ 10,000 A A 52 SBA VX2197 04101/14 04/01/15 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: _ PRODUCTS-COMPIOP AGE $ 4,000,000 5 POLICY J ROT LOC AUTOMOBILE LIABILITY Ea accident $ 2,000,000 BODILY INJURY(Per person) $ ANYAUTO A JUM)3RELLALIAB SCHEDULED A 52 SBA VX2197 04/01/14 04/01/15 BODILY INJURY{Peraccidant} $ AUTOS $ NON-OWNED (Persccldem) AUTOS g OCCUREACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE A 52 SBA VX219704/01l14 04101/15 AGGREGATE 5 1,000,000 NTIONS 10,000 _ $ OftKERS COMPENSATION TORY I IIMITS ER AND EMPLOYERS'LIABIUTY YIN E.L.EACH ACCIDENT $ ANY PROPRIETORIPARTNERPEXECUTIVE ❑NIA OFFICER/MEMBER EXCLUOE09 E.L.DISEASE-EA EMPLOYEE $ (Mandatory in NH) If yes,doscmbe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Emp Stop Gap A 52 SBA VX2197 04/01/14 04101/15 $1,OOQ,000/$L,000,000/$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS[VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is resulmd) City of Kent is named as additional insured on the General Liability Policy per the general liablity coverage form SS008,attached to the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent Public Works Department i Timothy J,Laporte,P.E. AUTHORIZED REPRESENTATIVE 400 West Gowe Kent,WA 98032 � ACORD 25(2010705) ©1988.2010 ACORD CORPORATION, All rights reserved, The ACORD name and logo are registered marks of ACORD i i Ii At � ® DA06/13/2014TE 0014 1��' CERTIFICATE OF LIABILITY INSURANCE 061131 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). ZDNTACT PRODUCER NAME: Scott A.Seitz PHONE 866-566-0991 Soloman Insurance LLC we Nq,,Exn (253)566-1069 (Nc,,No)f 415 Berkeley Ave AoORE., scot(@soiomanins.com INSURER(S)AFFORDING COVERAGE NAIC# Fircrest WA 98466 INSURERA: Navigators Insurance Company INSURED INSURER B Allen,Brackett,Shedd DBA Valbridge Property Advisors msuRER c 419 Berkeley Ave Suite A INSURER o Fircrest,WA 98466 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE 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 MAYBE 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. LTR TYPE OF INSURANCE INSR WVO POLICY NUMBER IMMIDD/YYYY (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY PREMISES(E.occurrence) $ CLAIMS-MADE ❑OCCUR MED EXP(Any one person) $ PERSONAL B AOV INJURY $ GENERAL AGE RELATE $ GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS,COMPIOPAGG $ POLICY JECOT LOC AUTOMOBILE LIABILITY (Ea accldent) $ BODILY INJURY(Par person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Per acctdentl S AUTOS AUTOS NON-OWNED (Peraccidenl) $ HIREDAUTOS AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAa CLAIMS-MADE AGGREGATE $ DED RETENTION$ _ $ ORKERS COMPENSATION TORY LIMITS Eft AND EMPLOYERS'LIABILITY Y i ry ANY PROPRfETOPIPARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S (Mandatory in NH) If yes,deecnbavnder E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Real Estate Professional Errors and x PH14REL135961V 03/03/2014 03/03/2015 $2,000,000-Each Claim Omissions Insurance Policy $2,000,000-Policy Aggregate DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES {Attach ACORD t01,Atldltional Remarks Schedule,it more space Is requiretl) Those usual to the Insured's Operations. City of Kent is named as additional Insured. Please note,should this policy cancelled before the expiration date,30 notice will be delivered to the Certificate Holder listed below. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN - ACCORDANCE WITH THE POLICY PROVISIONS. City Of Kent Attn:Nancy Yoshitake AUTHORIZED REPRESENTATIVE 400 West Gowe Kent,WA 98032 ACORD 25(2010/05) ©1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM (b) .Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury' or "property damage' I purpose by you, any of your that occurred; or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member (if you are arising out of an offense committed a partnership or joint venture), or any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment i Any person (other than your"employee"or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager, law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die,but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance, an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge,any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or organization responsible for the conduct of The insurance afforded herein for any such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50%of an insured under this provision. the voting stock, will qualify as a Named e./ Additional Insureds When Required By Insured if there is no other similar insurance / Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a, through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever Is earlier; and I Form SS 00 08 04 05 Page 11 of 24 i BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such ` 6 permit issued by a state or political inspections, adjustments, tests or k subdivision, that such person or organization servicing as the vendor has I^ p� be added as an additional insured on your agreed to make or normally lJ' policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (1) Demonstration, installation, period of time required by the contract, servicing repair operations, agreement or permit. except suchh operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of the ''.... additional insured under this provision if such product; li person or organization is included as an additional insured by an endorsement issued (g} Products which, after distribution by us and made a part of this Coverage Part, or sale you, have been labeled including all persons or organizations added or relabeled or used a as additional insureds under the specific container, part ingredient o of f any additional insured coverage grants in Section other thing or substance by or for the vendor;or F.—Optional Additional Insured Coverages. a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any person(s)or organization(s)(referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However,this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part (i) The exceptions contained in provides coverage for "bodily injury" or "property damage." included within the Subparagraphs(d) or(f); or "products-completed operations hazard". (it) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "properly or sale of the products. damage' for which the vendor is (2) This Insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury', 'property damage" or in the product made intentionally "personal and advertising injury" ! by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form S8 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations,or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance;or insurance. (7) When You Add Others As An We will share the remaining loss, if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part, apply to other insurance available to c. Method Of Sharing any person or organization who Is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below, applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are lit the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs(a)and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24