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HomeMy WebLinkAboutPK16-094 - Original - Reid Middleton, Inc - Lake Meridian Dock Replacement - 3/11/16 0 Records M * 1111-1771 e 'd P" Wnsw,rGsca ra ///j❑/,❑/% 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 adccWI0877 8 14 • 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" 9 4 R M s p R 8 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