HomeMy WebLinkAboutEC15-046 - Amendment - #1 - Hearing Examiner Services ANT Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office, All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
❑] Blue Sheet Attached
❑ Pirk Sheet Attached
Vendor Name: Sound Law Center
Vendor Number (JDE):
Contract Number (City Clerk): EC15-046- UU
Category: Contract Aqreement
Sub-Category (if applicable): Amendment
Project Name: Hearing Examiner Services
Contract Execution Date: 1/1/2017 Termination Date: 12/31/2018
Contract Manager: Rhonda Bylin Departmert: ECD
Contract Amount: 175 f Hr
Approval Authority: ❑ Director ® Mayor ❑ City Council
Date of Notice of Contract Email Sent:
Other Details:
..... ..
s,
4000
KENT
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: Sound Law
CONTRACT NAME & PROJECT NUMBER: Hearing Examiner Agreement
ORIGINAL AGREEMENT DATE: 2/24/15
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:
Continue to perform Hearing Examiner services for the City of Kent as
stated in original scope of work attached and incorporated as exhibit A
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, $175.00
including applicable WSST
Net Change by Previous Amendments $0.00
including applicable WSST
Current Contract Amount $175.00/hr.
including all previous amendments
Current Amendment Sum 175.00/hr.
Applicable WSST Tax on this $0.00
Amendment
Revised Contract Sum $175 00/hr.
AMENDMENT - 1 OF 2
Original Time for Completion 12/31, 2016
(insert date)
Revised Time for Completion under 0
prior Amendments
(insert date)
. ...__........._ .. - .__ ... . _ .........
Add'I Days Required (f) for this 730 calendar days
Amendment
_. evis --._-___.__. ......... ...... - --. - - _ ........._....
Revised Time for Completion 12/31/2018
(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:LLLL^_ .._
(`y �By: -- M ..... ., �. :::._:.._ By _ ..
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(ar�nEaCm v) (signature)
Print Name Ted _Hunter _... Print JName ,Suz_ to Conke
DATE.. \a n i ; (Dt'l J .. (` ...._..__ DATE _.. Ida! (t U
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1
APPROV D AS TO FORM:
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rtment
AMENDMENT - 2 OF 2
Exhibit A
I1. DESCRIPTION OF WORK
Contractor shall perform the following Hearing Examiner services for the City pursuant
to the Kent City Code:
A. As Contractor's primary responsibility, conduct hearings and make recommendations
and/or decision on land use applications such as conditional use permits, variances,
preliminary plats, and rezones;
B. When requested by the City, conduct hearings and make decisions on code
enforcement matters; and
C. When requested by the City, review and hear other matters as provided for in the Kent
City Code.
Contractor represents that the services furnished under the Agreement will be performed
in accordance with generally accepted professional practices with the Puget Sound
region, and invoiced each month at the rate of$175 per hour.
Attorney Lee Raaen will act as the primary Hearing Examiner at all hearings. The
Planning Director or designee may provide consent to a deputy hearing examiner from
Sound Law Center if for good cause Mr. Raaen is not available due to exigent
circumstances.
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,OOOgeneral
EXHIBIT B (Continued)
aggregate and a $1,000,000 products-completed operations
aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
CERTIFICATE OF LIABILITY INSURAN_�. _.__... tfeanotwirrm
C E AT 2/13/2016
THIS ERTIFICATE I I SUED A8 A MATTER OF INFbRMATION ONLY AND CONIFERS NO RIG' UPON TH ERTIFI ATE HOLD -. TNI
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 Poncy(les)must be endorsed.It 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 Ilea of such en'dorseman e).
PaODUCER CONTACT
NAME: ..-.-
CS&S/HUB INTNL NORTHWEST LLC PHONE TAk
PO BOX 946580 M Na ` I".Nato
ADDRESS,,,
Maitland, 327948580 INSURER(S)AFFORDING COVERAGE NAIC#
1-866.816-9-9592 INSURERA: Continental Casualty Company -- 2G443
INSURED
1NEURER B:
SOUND LAW CENTER INSURER C:
4500 9TH AVE NE INSURER D:
SUITE 300 INSURER E:
SEATTLE,WA 98105 INSURER F:
COVERAGES CERTIFICATIE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE FOUGIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCH PER165
INDICATED. NOTWITHSTANDINCIANY 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 SEEN REDUCED BY PAID CLAIMS.
LTRman TYPE OF INSURANCE AWL
sum WVP POLICY NUMBER P03JCY OFF' POLICY 9" LIMITS
A COMMERCIAL GENERAL LIABILITY Y 5094976328 02101/17 02/01/18 EACH OCCURRENCE S 2'.00000J... '0
CLAIM6MADE OCCUR PREMIX$REND*M�m 6 300 000
MED EXP Any one Wrmon !__I O 000
PERSONAL&ADV INJURY 2 ON 000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 4000000
PRY
CY_... PRODUCTS. AGQ 4000000 i
OTHER:
A AUTOMOBILE LIABILITY 5094976328 02101117 02/01/18 CFOOMBIoINEEDISINGLE LIMIT 1,000,000
ANYAUTO BODILY INJURYIPar ,,W
ALL OWNED 'SCHEDULED
AUTOS AUTOS BODILY INJURYIFer emt $
�,/ NON-OWNED PROPERTY DAMAGE
/'� HIRED AUTOS /\ AUTOS Pof aCOldaNi
E
ON$RELLA LIAR OCCUR EACH OCCURRENCE S
EXCE36 LIAR HCLAIMI AGGREGATE-
CEO RETENTION$
W COMPENSATION ...PER OTH.
AND EMPLOYERS'LIABILITY YM STATUTE ER
ANY PROPRIETORPARTNENEXECUTIVE
OFFICERNEMBER EXCLUDED? WA EL..EACH ACCIDENT
(Mandatory In NH) --
If yea,describe under E.L.DISEASE-EA EMPLOYEE
DESCRIPTION OF OPERATIONS below
E.L DISEASE-POLICY LIMIT
OTHER PER OTH.
t STATUTE ER
E.L.EACH ACCIDENT
E.L.DISEASE-EA EMPLOYEE S
E.L.DISEASE-POLICY LIMIT S
M Were e—d"T K 7mole apeae 10Ta
Certificate Holder Is added as an additional insured as provided in the blanket additional insured endorsement as It pertains to work
being performed by the named insured underwritten 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
220 Forth Ave.S. ACCORDANCE WITH THE POLICY PROVISIONS.
Kent,WA 98031
0 l9W2014 ACORD CORPORATION.All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
CNA
Policy No:287334644
i
I
Columbia Casualty Company
333 South Wabash Street Chicago,IL 60604
Arbitrators and Mediators Professional Liability
NOTICE:THIS IS A CLAIMS MADE AND REPORTED POLICY. PLEASE READ THE POLICY CAREFULLY AND
DISCUSS THE COVERAGE WITH YOUR INSURANCE AGENT OR BROKER.
THE LIMIT OF LIABILITY AVAILABLE TO PAY DAMAGES SHALL NOT BE REDUCED BY AMOUNTS INCURRED
FOR CLAIMS EXPENSES AS DEFINED HEREIN. AMOUNTS INCURRED FOR CLAIMS EXPENSES SHALL BE
APPLIED AGAINST THE DEDUCTIBLE AMOUNT.
DECLARATIONS
Marc Berg
C/O Pinhkam Agency Inc
Item 1. Named Insured Sound Lew Center,LLC 40 Commerce PI
Item 2. Mailing Address 4500 Ninth Ave NE Ste 300 Hicksville,NY 11801
Seattle,WA 98105
Item 3. Policy Period 12:01am 02/01/16 to 12:01 am 02/01/17
Coyrogge SummIlr
(Item 4.) (Item 5.) (Item 6.)
Coverage/Limit of Liability Deductible Premium
Arbitrators Lawyers Professional Liability
$ 1,000,000 each claim and $0.00 Annual Aggregate $111110111
(Does not apply to Defense Costs)
$ 1,000,000 in the aggregate -
Retroactive Date: 02JO1109
This contract is registered and delivered as surplus lines coverage under the insurance
code of the state of Washington,Title 48 RCW. It is not protected by any Washington
state guaranty association law.
Policy Premium:
Surplus Lines Tax: S>'
Stamping Fee: &low
Other Taxes&Agency Fee:
Total Amount Due:
Item 7. FORMS ATTACHED AT INCEPTION (where applicable)
GSL 11354(9108), GSL 11353 (9108), G-145184-A(6/03), GSL11557XX(11-08), GSL11559XX(11-08)
GSL 113540(4.12) Page I Issued Date, 01/22/16