HomeMy WebLinkAboutPK16-094 - Original - Reid Middleton, Inc - Lake Meridian Dock Replacement - 3/11/16 0 Records M * 1111-1771 e
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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: Reid Middleton, Inc.
Vendor Number:
JD Edward's Number
Contract Number: PK16-094 - -
This is assigned by City Clerk's Office
Project Name: Lake Meridian Dock Replacement Project Design
Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract
❑ Other:
Contract Effective Date: 3/11/16 Termination date:. 12/31/17-NEW
Contract Renewal Notice (Days): 0
Number of days required notice for termination or renewal or amendment
Contract. Manager: Lynn Osborn/HC Department: Parks Planning & Dev,
Contract Amount: 197,660.00
Approval Authority: ❑ Department Director ❑Mayor ®City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Timie Extension Only; Amendment #1 to ,project design, permitting & construction
.........
_.._ ........_
oversight of the Lake Meridian Floating Dock Replacement
Division Contract: PPD16-04
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•
KENT AMENDMENT AND RATIFICATION OF
W ASMINGTON CONSULTANT SERVICES AGREEMENT
(between City of Kent and Reid Middleton, Inc.)
THIS AMENDMENT AND RATIFICATION OF CONSULTANT SERVICES
AGREEMENT ("Amendment") is made between the CITY OF KENT, a Washington
municipal corporation ("City"), and REID MIDDLETON, INC., a Washington
corporation ("Consultant").
I. RECITALS
1.1 City entered into a Consultant Services Agreement ("Agreement") with
Consultant on March 19, 2016, wherein the City agreed to contract with Consultant
for its services to provide a project design, permitting services, and construction
oversight for the replacement of the floating fishing dock at Lake Meridian Park.
1.2 Since executing the Agreement, the required Time of Completion as
provided in Section 2 of the Agreement passed on March 15, 2017, but Consultant's
work is still ongoing. The parties desire to extend the Agreement so Consultant can
complete the work described in Section 1 of the Agreement.
1.3 The parties acknowledge that the Agreement terminated by its own
terms on March 15, 2017. However, the City and Consultant express their mutual
intent and desire to reinstate the Agreement; extend its term through December
31, 2017; and for Consultant to continue the work in accordance with the same
provisions set forth in the Agreement. In addition, the parties wish to ratify and
affirm any and all acts consistent with the authority of the Agreement and prior to
the effective date of this Amendment.
II. AMENDMENT
NOW THEREFORE, in consideration of the mutual intent, desire, and promises
of the parties and other good and valuable consideration, City and Consultant agree
as follows:
2.1 Agreement - Reinstated. The Agreement, which terminated by its own
terms on March 15, 2017, is hereby ratified, renewed, and reinstated. The term of
the Agreement is hereby extended through December 31, 2017. All acts consistent
with the authority of the Agreement and prior to the Effective Date (as defined
below) of this Amendment are hereby ratified and affirmed, and the terms of the
Agreement and this Amendment shall be deemed to have applied.
2.2 Insurance. Consultant's insurance policy expired on November 1,
2016. At the time Consultant executes this Amendment, it shall provide the City
with an updated Certificate of Insurance evidencing insurance coverage in the types
AMENDMENT AND RATIFICATION OF
CONSULTANT SERVICES AGREEMENT - 1
(btwn. City of Kent and Reid Middleton, Inc.)
and amounts set forth in Exhibit B to the original Agreement. In addition,
Consultant shall also provide an endorsement naming the City as an additional
insured as described in Exhibit B for the duration of the Agreement, as extended by
this Amendment.
2.,3 Remaining Provisions. Except as specifically amended by this
Amendment, all remaining provisions of the Agreement shall remain in full force
and effect.
IN WITNESS, the parties have executed this Amendment, which shall become
effective on the last date executed below ("Effective Date").
REID MID DLETON, INC. CITY OF KENT:
By:
7.4 By
Print Name:
Title:— Pf1VtCA[R!1J Direelvr v P tv41j16,1,,)I--Cot w),
Date: YU Date: IS7 4//Z.7
APPROVED AS TO FORM
By:
City of Kent Law Department
AMENDMENT AND RATIFICATION OF
CONSULTANT SERVICES AGREEMENT - 2
(btwn. City of Kent and Reid Middleton, Inc.)
Client#:3` " �4 -'71DMID
DATE(MM1DDNYYY)
ACORDT. CERTIFh ATE OF LIABILITY INSURr, ,4CE 11/01/2016
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(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
NAME:
USI Kibble&Prentice PR PH ON
No, 206 441-6300 AIC Ne: 610-362-8528
FAX
A!C Et):
601 Union Street,Suite 1000 E-MAIL ess: PL.CertRequest@usi.com
Seattle,WA 98101
INSURERS)AFFORDING COVERAGE NAIC#
INSURER A:American Casualty Co of Reading 20427
INSURED Reid Middleton,Inc. INSURERS:XL Specialty Insurance Company 37885
728 134th St SW,Suite 200 INSURER C
Everett,WA 98204-7332 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 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.
LTR TYPE OF INSURANCE INSR SU U POLICY NUMBER POLICY EFF M�DY EXP LIMITS
A X COMMERCIAL GENERAL LIABILITY 3011014358 1/01/2016 1110112017 EACH OCCURRENCE $1 000 000
CLAIMS-MADE ER OCCUR PREMISES EaErcence $1 000 000
MED EXP(Any one person) $10 000
PERSONAL&ADV INJURY $1,000000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY a J CT LOC PRODUCTS-COMPIOPAGG $2,000,000
OTHER: $
• AUTOMOBILE LIABILITY 3011014375 11/01/2016 11/01/201 (COMBINED SINGIELIMIT 1,000,000
Ea cc
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident) $
X HIRED AUTOS Ix
NON-OWNED PROPERTY DAMAGE $
AUTOS Par a.dent
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION$ $
A WORKERS COMPENSATION 3011014358 11/01/2016 11/011201 PER X ER
AND EMPLOYERS'LIABILITY
ANY PROPRIETORIPARTNERtEXECUTIVE Y f N (WA Stop Gap) E.L.EACH ACCIDENT $1 000 000
OFFICERtMEMBER EXCLUDED? � N 1 A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000 000
If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
B Professional DPR9908284 11/01/2016 11101/201 $2,000,000 per claim
Liability $3,000,000 annl aggr.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE: RM Project#242014.009.001, Lake Meridian Dock.
The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement
that provides Additional Insured status to the Certificate Holder,only when there is a written contract
that requires such status,and only with regard to work performed on behalf of the named insured.The
General Liability policy contains a special endorsement with Primary and Noncontributory wording,when
required by written contract.
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
Parks,Recreation and Community Services ACCORDANCE WITH THE POLICY PROVISIONS.
220 Fourth Avenue South
Kent,WA 98032 AUTHORIZED REPRESENTATIVE
01988-2014 ACORD CORPORATION.All rights reserved.
ACORD 25(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S19218648/M19218141 PJRZP
This page has been left blank intentionally
t
C/VA Policy*3011014355 S -1 0 68-A
06)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL
INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH
C., OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional insured
Businessowners Liability Coverage Form is amended does not apply to "bodily injury," "property
to include as an insured any person or organization damage," "personal and advertising injury"arising
whom you are required to add as an additional insured out of an architect's, engineers, or surveyor's
on this policy under a written contract or written rendering of or failure to render any professional
agreement; but the written contract or written services including:
agreement must be: a. The preparing, approving, or failing to prepare
1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions,
term of this policy;and reports, surveys, field orders, change orders
2. Executed prior to the "bodily injury," "property or drawings and specifications by any
damage,"or"personal and advertising injury." architect, engineer or surveyor performing
services on a project of which you serve as
B. The insurance provided to the additional insured is construction manager;or
limited as follows: b. Inspection, supervision, quality control,
1. That person or organization is an additional engineering or architectural services done by
insured solely for liability due to your negligence you on a project of which you serve as
specifically resulting from "your work" for the construction manager.
additional insured which is the subject of the 5. This insurance does not apply to "bodily injury,"
written contract or written agreement. No "property damage," or "personal and advertising
coverage applies to liability resulting from the sole injury"arising out of:
negligence of the additional insured.
a- The construction or demolition work while you
2. The Limits of Insurance applicable to the
additional insured are those specified in the are acting as a construction or demolition
written contract or written agreement or in the contractor. This exclusion does not apply to
work done for or by you at your premises.
Declarations of this policy, whichever is less.
These Limits of Insurance are inclusive of,and not C. BUSINESSOWNERS GENERAL LIABILITY
in addition to,the Limits of Insurance shown in the CONDITIONS—Duties In The Event of Occurrence,
Declarations. Offense, Claim or Suit (Section E.2.) of the
3. The coverage provided to the additional insured Businessowners Liability Coverage Form is amended
within this endorsement and section titled to add the fallowing:
LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as
DEFINITIONS — "Insured Contract" (Section soon as practicable:
F.9.)within the Businessowners Liability Coverage 1. Give written notice of an occurrence or an offense
Form,does not apply to"bodily injury"or"property to us which may result in a claim or "suit" under
damage" arising out of the "products-completed this insurance;
operations hazard" unless required by the written
contract or written agreement.
BB-146968-A Page 1 of 2
(Ed. 01f06)
SB-146968 A
(Ed.01/06)
2. Tender the defense and indemnity of any claim or against that "suit" If no other insurer defends, we
"suit" to us for a loss we cover under this will undertake to do so, but we will be entitled to
Coverage Part; the additional insured's rights against all those
3. Tender the defense and indemnity of any claim or other insurers.
"suit" to any other insurer which also has When this insurance is excess over other
insurance for a loss we cover under this Coverage insurance, we will pay only our share of the
Part;and amount of the loss, if any, that exceeds the sum
4. Agree to make available any other insurance of:
which the additional insured has for a loss we (a) The total amount that all such other insurance
cover under this Coverage Part. would pay for the loss in the absence of this
We have no duty to defend or indemnify an additional insurance;and
insured under this endorsement until we receive (b) The total of all deductible and self-insured
written notice of a claim or "suit" from the additional amounts under all that other insurance.
insured. We will share the remaining loss, if any, with any
D. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this
Businessowners Common Policy Conditions are Excess Insurance provision and was not bought
deleted and replaced with the following: specifically to apply in excess of the Limits of
2. This insurance is excess over any other insurance Insurance shown in the Declarations of this
naming the additional insured as an insured Coverage Part.
whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST
other basis unless a written contract or written OTHERS TO US (Section K.2.) of the
agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted
be either primary or primary and noncontributing and replaced with the following:
to the additional insured's own coverage. This 2. We waive any right of recovery we may have
insurance is excess over any other insurance to against any person or organization against whom you
which the additional insured has been added as have agreed to waive such right of recovery in a
an additional insured by endorsement. written contract or agreement because of payments
3. When this insurance is excess, we will have no we make for injury or damage arising out of your
duty under Coverages A or B to defend the ongoing operations or "your work" done under a
additional insured against any "suit" if any other contract with that person or organization and included
insurer has a duty to defend the additional insured within the"products-completed operations hazard."
SB-146968-A Page 2 of 2
(Ed.01106)
POLICY NUMBER: COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by
this endorsement.
This endorsement identifies person(s)or organization(s)who are"insureds"for Covered Autos Liability Coverage under
the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the
Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured: Reid Middleton, Inc.
Endorsement Effective Date: 11/01/2016
SCHEDULE
Name Of Person(s)Or Organization(s):
"BLANKET ADDITIONAL INSURED WHERE REQUIRED BY CONTRACT"
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Information required to complete this Schedule,if not shown above,will be shown in the Declarations.
Q Each person or organization shown in the Schedule is an Autos Liability Coverage in the Business Auto and Motor
"insured" for Covered Autos Liability Coverage, but only Carrier Coverage Forms and Paragraph D.2.of Section
to the extent that person or organization qualifies as an — Covered Autos Coverages of the Auto Dealers
"insured" under the Who Is An Insured provision Coverage Form.
contained in Paragraph A.I. of Section II — Covered
CA 20 4810 13 Copyright, Insurance Services Office, Inc.,2011 Page 1 of 1