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HomeMy WebLinkAboutECD14-101 - Amendment - #1 - BERK & Consulting, Inc. - Comprehensive Plan Consultant Services - 02/09/2015 Records e rYl ed PON KENT � � Document , WASHINGTON q f _ { r s 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: Vendor Number: ID Edwards Number Contract Number: C-cpl+ IL C-oc- > s-ts~as�st7ff ect~by�tty,C-ier*Is , � IIttte Project Name Description: ❑ Interlocal Agreement ❑ Change Order Amendment ❑ Contract ❑ Other: Contract Effective Date& //'.) Termination Date: ' � Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager 1` `r ;? ! / '3ea ment: Detail: (i.e. address, location, parcel number, tax id, etc.): I S:Public\RecordsManagement\Farms\ContractCover\adcc7832 1 11/08 lllb K6E T AMENDMENT NO. # 1 NAME OF CONSULTANT OR VENDOR: BERK & Consultinq, Inc. CONTRACT NAME & PROJECT NUMBER: BERK & Consulting, Inc. ORIGINAL AGREEMENT DATE: 4 2 1q 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: ::: ri In addition, ta..work.�� gmired�u acier_-the--originat�Agr-eerr%nt--anA1 - prior Amendments, the Consultant or Vendor shall: TASKS AND LEVEL OF EFFORT 1. BERK will review example formats of Capital Facilities Plan (CFP) Elements (e.g. Olympia) and provide example documents to City (e.g. Kitsap County and others) and discuss with the City the desired format. 2. The City will provide the standard Element template document (based on Tukwila style generally) it has prepared for other elements to assist BERK review; the goal will be to finalize the desired format of the Element itself and the supporting document, BERK will provide recommendations on the Element outline including levels of detail in tables and text following Task 3. The format may include an abbreviated CFP Element with summarized information and a focus on policies with details in a technical appendix; or it may have a complete CFP Element to maintain an integrated "all in one" format. 3. BERK will mock up one or two inventory, LOS, and project need sections using existing functional plans (e.g. from one or two departments selected by the City such as Police, Fire, Parks, Water, Transportation, or other). The City will review these example sections, and these documents will provide the basis for in person meetings. 4. BERK will review current City budget information, or other information provided by the Finance department such as the 20-year revenue forecast underway. As appropriate, BERK will develop guidance on revenue forecasting and aligning capital projects and LOS measures to revenue projections. BERK will meet with Finance staff. BERK will provide follow up information or approaches to questions following the meeting. 5. BERK will meet with Inter-departmental staff to go over questions on filling in their portion of the CFP Element or gathering the data for it. The meetings may be set up in one or two days and may AMENDMENT - 1 OF 2 be combined with the meeting in Task 4.[Insert detailed description of additional materials, services, etc., that are needed which necessitate this amendment - Be as detailed as possible. You may also refer to an attached exhibit, but clearly identify the exhibit by title and date. Cost Estimate Attached. 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, $11,500.00 including applicable WSST Net Change by Previous Amendments $0.00 including applicable WSST Current Contract Amount $11.500.00 including all previous amendments Current Amendment Sum $0.00 Applicable WSST Tax on this $0.00 Amendment AMENDMENT - 2 OF 2 Original Time for Completion 5/15/2014 (insert date) Revised Time for Completion under 0 prior Amendments (insert date) Add'I Days Required (f) for this 150 calendar days Amendment Revised Time for Completion 7/1/2015 (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 caQsistent with the--auffltprity elf the .AgreernenL, previous..Am. nd[xaenks.(if a0y),. _,: 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: (signature) (sign ure) Prin ame. Print IName: ry Its fl(Ji of Its 3 � "Y'e (title) DATE: `LI l0! ZU1S DATE: ✓', ¢i F APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department IIn this AM,you rnoy enter the e4Ct rams IlRppth where pie wMn,t ha,been saved i AMENDMENT - 3 OF 2 '4 CERTIFICATE OF LIABILITY INSURANCE 9/16/2014""' 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(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 endorsement(s). PRODUCER CONTACT Nancy Blackwell McDonald Insurance Group, Inc. PHONE (425)827-7400 1FAC 19257 a27-y902 PO Box 3089 EAimAIL ,nancy@mcdonaldins.corn 620 Kirkland Way, Ste 100 INSURERB)AFFORDING COVERAGE NAIC9 Kirkland WA 98083-3089 INSURERA:National Fire Insurance Cc 2047 INSURED INSURER B:Underwri t era at Lloyds, London 15792 BERK Consulting, Inc. INSURER C: 2025 First Ave. Suite 800 INSURERD: INSURERS: , Seattle WA 98121 INSURERF: COVERAGES CERTIFICATE NUMBER:14/15 - GL/AL/SG/PROP 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 ADDL SUER POLICY EFF POLICY EXP LTR POLICYNUMER MIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 71 CIATMS-MADE OCCUR, -- - 01`-77498S`T -- -,­­­ $/18/2,Q14a /lB/2015,.<,MED EXP(Any One person).,,•,r5 . -- l'oi000 .^.- PERSONALSADVINJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 4,000,000 X I POLICY PRO- LOC $ AUTOMOBILE LIABILITY Ed BINED andd.ntGINGLE LIMIT 1,000,000 A ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 017749887 /18/2014 9/18/2015 cci AUTOS AUTOS BODILY INJURY(Per atlenq $ X HIRED AUTOS X NON-OWNED UTOS (PRer�id rDAMAGE $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTIONS $ A WCSTAr,U- X DEH- >MR EMPLOYERS'LIABILITY i ANY PROPRIETOR/PARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 OPFICER/MEMBER EXCLUDED? NIA (Mandatary In NH) 017799887 9/18/2019 9/18/2015 E.L.DISEASE-EA EMPLOYE $ 1,000,000 It yes,describe under STOP GAP - wASHINGTON DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 2,000,000 B PROFESSIONAL LIABILITY W16985140101 /18/2014 9/18/2015 EACH CLAIM $2,000,000 DEDUCTIBLE $10,000. Retro Date 09/18/2009 AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more apace Is required) Re: City of Comprehenaive Plan Update Completion Strategy. City of Kent is an Additional Insured by written contract per SB146932E attached. Coverage is primary and non-contributory and 30 day Notice of Cancellation applies. CERTIFICATE HOLDER CANCELLATION jpulliam@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS, Attn: Julie Pulliam 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98032 F McAllister, Jr./RAT ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 potoos}ol The ACORD name and logo are registered marks of ACORD SB-146932-E CNA (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED—BLANKET VENDORS own acts or omission or those of its employees or anyone else acting on its WHO IS AN INSURED is amended to include as an behalf. However, this exclusion does not additional insured any person or organization (referred apply to: to below as vendor) with whom you agreed, because of a written contract or agreement to provide (1) The exceptions contained in insurance, but only with respect to "bodily injury" or Subparagraphs d, or f.; or "property damage"arising out of"your products"which (2) Such inspections, adjustments, tests or are distributed or sold in the regular course of the servicing as the vendor has agreed to vendor's business, subject to the following additional make or normally undertakes to make in exclusions: the usual course of business, in 1. The insurance afforded the vendor does not apply connection with the distribution or sale of m_theproduots.. a. "Bodily injury" or "property damage" for which 2. This insurance does not apply to any insured the vendor is obligated to pay damages by person or organization, from whom you have reason of the assumption of liability in a acquired such products, or any ingredient, part or contract or agreement. This exclusion does container, entering into, accompanying or not apply to liability for damages that the containing such products. vendor would have in the absence of the 3. This provision 2. does not apply to any vendor contract or agreement; included as an insured by an endorsement issued b. Any express warranty unauthorized by you; by us and made a part of this Policy. c. Any physical or chemical change in the 4. This provision 2.does not apply if"bodily injury" or product made intentionally by the vendor; "property damage" included within the "products- completed operations hazard" is excluded either d. Repackaging, except when unpacked solely by the provisions of the Policy or by endorsement. for the purpose of inspection, demonstration, testing, or the substitution of parts under 2• MISCELLANEOUS ADDITIONAL INSUREDS instructions from the manufacturer, and then WHO IS AN INSURED is amended to include as an I repackaged in the original container; insured any person or organization (called additional e. Any failure to make such inspections, insured) described in paragraphs 2.a. through 2.h. adjustments, tests or servicing as the vendor below whom you are required to add as an additional has agreed to make or normally undertakes to insured on this policy under a written contract or make in the usual course of business, in agreement but the written contract or agreement must connection with the distribution or sale of the be: products; 1. Currently in effect or becoming effective during the f. Demonstration, installation, servicing or repair term of this policy; and operations, except such operations performed 2. Executed prior to the "bodily injury at the vendor's premises in connection with damage"or"personal and advertising injury,"but property the sale of the product; ® Only the following persons or organizations are g. Products which, after distribution or sale by additional insureds under this endorsement and you, have been labeled or relabeled or used coverage provided to such additional insureds is as a container, part or ingredient of any other limited as provided herein: thing or substance by or for the vendor; or h. "Bodily injury" or "property dama e" arisinga. Additional Insured—Your Work ® y l ry" g out of the sole negligence of the vendor for its That person or organization for whom you do work is an additional insured solely for liability SB-146932-E Page 1 of 5 (Ed. 06/11) Up SB-146932-E CNA (Ed. 06/11) due to your negligence specifically resulting This insurance does not apply to "bodily from your work for the additional insured injury," "property damage" or "personal and which is the subject of the written contract or advertising injury" arising out of operations written agreement. No coverage applies to performed for the state or municipality. liability resulting from the sole negligence of Controlling Interest the additional insured. c. g The insurance provided to the additional Any persons or organizations with a insured is limited as follows: controlling interest in you but only with respect to their liability arising out of: (1) The Limits of Insurance applicable to the additional insured are those specified in (1) Their financial control of you; or the written contract or written agreement (2) Premises they own, maintain or control or in the Declarations of this policy, while you lease or occupy these whichever is less. These Limits of premises. Insurance are inclusive of, and not in addition to,the Limits of Insurance shown This insurance does not apply to structural in the Declarations. alterations, new construction and demolition operations performed by or for such additional (2) The coverage provided to the additional insured. insured by this endorsement and paragraph F.9.of the definition of"insured d. Managers or Lessors of Premises contract under Liability and Medical A manager or lessor of premises but only with Expenses Definitions do not apply to respect to liability arising out of the ownership . . _ - -,..'bS d11Y �tpl .. A,r. RfS ke[b da page v, r -:maintenance or use of that specif+c-part�of-the=- arising out of the "products-completed premises leased to you and subject to the operations hazard" unless required by the following additional exclusions: written contract or written agreement. (3) The insurance provided to the additional This insurance does not apply to: insured does not apply to "bodily injury," (1) Any "occurrence" which takes place after "property damage," or "personal and you cease to be a tenant in that premises; advertising injury" arising out of the or rendering or failure to render any (2) Structural alterations, new construction or professional services. demolition operations performed by or on b. State or Political Subdivisions behalf of such additional insured. A state or political subdivision subject to the e. Mortgagee, Assignee or Receiver following provisions: A mortgagee, assignee or receiver but only (1) This insurance applies only with respect with respect to their liability as mortgagee, to the following hazards for which the assignee, or receiver and arising out of the state or political subdivision has issued a ownership, maintenance, or use of a premises permit in connection with premises you by you. own, rent, or control and to which this This insurance does not apply to structural insurance applies: alterations, new construction or demolition (a) The existence, maintenance, repair, operations performed by or for such additional construction, erection, or removal of insured, advertising signs, awnings, canopies, cellar entrances, coal ho l es, f. Owners/Other Interests—Land is Leased driveways, manholes, marquees, An owner or other interest from whom land hoistaway openings, sidewalk vaults, has been leased by you but only with respect street banners, or decorations and to liability arising out of the ownership, similar exposures; or maintenance or use of that specific part of the (b) The construction, erection, or land leased to you and subject to the following additional exclusions: removal of elevators; or (2) This insurance applies only with respect This insurance does not apply to: to operations performed by you or on your (1) Any "occurrence" which takes place behalf for which the state or political after you cease to lease that land; or subdivision has issued a permit. SB-146932-E Page 2 of 5 (Ed. 06/11) i SB-146932-E OVA (Ed. 06/11) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such additional insured. k. Damage To Property g. Co-owner of Insured Premises "Property damage"to: A co-owner of a premises co-owned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, In. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including ease equipment. Such person or organization prevention of injury to a person or are insureds only with respect to their liability damage to another's property; arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract 3. Property loaned to you; or agreement with you for such leased equipment ends. 4. Personal property in the care, -With,respect-to the insurance afforded=,these - cuflkoc)y or control of the)insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations, if the"property after the equipment lease expires; or damage" arises out of those (2) To "bodily injury," "property damage" or operations; or "personal and advertising injury" arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b, through h. above Paragraph 2 of this exclusion does not does not apply to "bodily injury" or "property apply if the premises are "your work" and damage" included within the "products-completed were never occupied, rented or held for s operations hazard." rental by you. R3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance premises: 4. This insurance is excess over any other (1) rented to you: insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and A separate limit of insurance applies to noncontributing. Damage To Premises Rented To You as 4. LEGAL LIABILITY—DAMAGE TO PREMISES described in Section D — Liability and Medical Expenses Limits of Insurance. A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. SB-146932-E Page 3 of 5 (Ed. 06/11) S CAM (E(Ed. 06/106/11) Paragraphs 3, 4, 5, and 6 of this (2) Any partner, if you or an additional exclusion do not apply to liability insured is a partnership; assumed under a sidetrack agreement (3) Any manager, if you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company,- apply to "property damage" included in the "products-completed operations (4) Any "executive officer" or insurance hazard" manager, if you or an additional insured is a corporation; B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last (5) Any trustee, if you or an additional paragraph of 2. Exclusions is deleted and insured is a trust; or replaced by the following: (6) Any elected or appointed official, if you or Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, an additional insured is a political do not apply to damage by fire to premises subdivision or public entity. while rented to you or temporarily occupied by This paragraph e. applies separately to you you with permission of the owner or to the and any additional insured. contents of premises rented to you for a 7 Bodily In u period of 7 or fewer consecutive days. A y 1 r1 separate limit of insurance applies to this Section F. Liability and Medical Expenses coverage as described in Section D. Liability Definitions, item 3. "Bodily Injury" is deleted and And Medical Expenses Limits Of replaced with the following: Insurance. 'Bodily injury",means bodily injury,-sicknessor,,. " 'C. The first'Pafa ra h'under item 5. Damage To " g p 9 disease sustained by a person, including death, Premises Rented To You Limit of Section humiliation, shock, mental anguish or mental D. Liability And Medical Expenses Limits injury by that person at any time which results as Of Insurance is replaced by the following: a consequence of the bodily injury, sickness or The most we will pay under Business Liability disease. for damages because of "property damage" 6, Expanded Personal and Advertising Injury to any one premises, while rented to you, or Definition temporarily occupied by you, with the permission of the owner, including contents of a. The following is added to Section F. Liability such premises rented to you for a period of 7 and Medical Expenses Definitions, item 14. or fewer consecutive days, is the Damage to Personal and Advertising Injury, in the Premises Rented to You limit shown in the Businessowners General Liability Declaration. Coverage Form: 5. Blanket Waiver of Subrogation h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural We waive any right of recovery we may have person, but only if such discrimination or against: humiliation is: a. Any person or organization with whom you 1. Not done intentionally by or at the have a written contract that requires such a direction of: waiver. 6. Broad Knowledge of Occurrence a. The insured; or b. Any "executive officer," director, The following items are added to E. stockholder, partner, member or Businessowners General Liability Conditions manager (if you are a limited liability in the Businessowners Liability Coverage company)of the insured; and Form: 2. Not directly or indirectly related to the e. Paragraphs a. and b. apply to you or to any employment, prospective employment, additional insured only when such past employment or termination of "occurrence," offense, claim or"suit" is known employment of any person or person by to: any insured. (1) You or any additional insured that is an b. The following is added to Exclusions, Section individual; B.: SB-146932-E Page 4 of 5 (Ed. 06/11) i OVA S (Ed.6 06/1) (15)Discrimination Relating to Room, Personal and Advertising Injury Liability is Dwelling or Premises excluded either by the provisions of the Policy Caused by discrimination directly or or by endorsement. indirectly related to the sale, rental, lease 9. Personal and Advertising Injury Re-defined or sub-lease or prospective sale, rental, Section F. Liability and Medical Expenses lease or sub-lease of any room, dwelling Definitions, item 14, Personal Advertising Injury, j or premises by or at the direction of any insured. paragraph c. is replaced by the following: (16)Fines or Penalties c. The wrongful eviction from, wrongful entry into, or invasion of the right of private Fines or penalties levied or imposed by a occupancy of a room dwelling or premises governmental entity because of that a person or organization occupies discrimination. committed by or on behalf of it's owner, c. This provision (Expanded Personal and landlord or lessor. Advertising Injury) does not apply if I o i O — I SB-146932-E Page 5 of 5 (Ed. 06/11)