HomeMy WebLinkAboutContract 6056 Modification 2024.docxPage 1 of 4
Contract Modification no. 1 to 6056
Rev. 09/2021
CONTRACT MODIFICATION AGREEMENT NO. 1
BETWEEN THE CITY OF BREMERTON AND COLUMBIA
HOSPITALITY, INC. for the MANAGEMENT AND OPERATIONS OF GOLD
MOUNTAIN GOLF COURSE
DATE October 18th, 2024
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
AGREEMENT (the "Contract") entered into between the City of Bremerton and
Columbia Hospitality, Inc. on January 3, 2020.
All provisions in the Contract shall remain in full force and effect except as expressly modified
by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the
Contract are as follows:
I.
Section II. Term , The original contract term is modified per the options available
under section 3.01 of the original agreement. As Columbia Hospitality has submitted a letter
requesting renewal within the allotted time period, the parties agree to an additional 3-year renewal
term making the new contract expiration date, December 31, 2027.
Section __7.01 Insurance and Bonds__. Section (a) to the original section 7.01 Insurance and
bonds clause is deleted in its entirety and replaced with the below:
(a) Manager shall, at all times during the Term and at Owner’s sole cost and
expense, furnish and maintain insurance and/or bonds of the types and with the
coverages and deductibles described in REVISED Exhibit C with commercial
insurance carriers having an A.M. Best rating of A-VII or better. All insurance
policies furnish and maintained under this Section 7.01 shall include, ot the
extent possible, a requirement that the insurer provide each party at least thirty
(3) days’ advance written notice of cancellation of the applicable policy.
Insurance maintained by Manager under the Section 7.01 shall be primary, and
any insurance carried by Owner shall be excess and non-contributory. On or
before the Commencement Date and prior to the effective date of any
replacement or renewal policies furnished and maintained hereunder, Manager
shall provide Owner with certificates of insurance evidencing that the insurance
requirements of the Agreement have been satisfied. Owner and Manager
acknowledge and agree that the policies and limits described herein shall be
subject to adjustment by mutual agreement of the parties from time to time
during the Term to reflect changes in the insuring practices for facilities similar
to the Club Facilities and changes in insurance products.
Docusign Envelope ID: 1728E36D-CF73-4957-98A6-90225BE59F11
Page 2 of 4
Contract Modification no. 1 to 6056
Rev. 09/2021
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final
settlement of all of the Consultant’s claims for contract time and for all costs of any kind,
including without limitation, costs of delays related to any work either covered or affected
by this Contract Modification, claims related to on-site or home office overhead, or lost
profits. This Contract Modification does not limit the City’s right to bring a claim for past
performance.
The undersigned consultant approves the foregoing Contract Modification as to the changes,
if any, in the contract price specified for each item, including any and all supervision costs
and other miscellaneous costs relating to the change in work, and as to the extension of time
allowed, if any, for completion of the entire work due to said Contract Modification.
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract. In addition, Consultant
warrants that it has or will inform the surety of this change, and shall take appropriate action
to modify any bonds required under the contract to address this change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day
and year first written above.
Parks and Recreation Director approved to process _________________________ (Initials and Date)
COLUMBIA HOSPITALITY, INC. THE CITY OF BREMERTON
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
Docusign Envelope ID: 1728E36D-CF73-4957-98A6-90225BE59F11
12/19/2024
12/31/2024
CFO of Management Company
Dave Williams
1/2/2025
Mayor
Greg Wheeler
Page 3 of 4
Contract Modification no. 1 to 6056
Rev. 09/2021
REVISED Exhibit C
Manager’s Insurance Requirements
To the extent commercially permissible or otherwise noted herein, the Manager and Owner shall
be named insureds under the policies listed below. Deductibles, if any, for the following policies
shall be subject to Manager’s prior review and approval.
(a) Commercial General Liability insurance on an occurrence basis against claims for
personal injury (including bodily injury or death) and tangible property damage occurring on, in
or about the Club Facilities or otherwise arising under this Agreement in an amount not less than
that generally provided in policies of insurance procured by operators of other Club Facilities in
the same general region in which the Club Facilities are located, but in no event less than $1
million per occurrence and $2 million aggregate limit. This insurance must include bodily injury
and property damage liability, independent contractors’ liability, contractual liability, products
and completed operations liability, liquor liability for host and liquor legal liability, inn keepers
legal liability and personal and advertising injury liability and shall be primary and non-
contributory to any insurance maintained by either party. The policy will also include Premises
Medical coverage with an applicable limit of $5,000. There shall be no deductible for this
coverage.
(b) Commercial automobile liability insurance on an accident basis against claims for injury
or death to persons or damage with minimum limits of liability of $1 million combined single
limit for each accident. Such insurance must include coverage for bodily injury liability,
property damage liability, and the operation of owned, hired and non-owned vehicles. There
shall be no deductible for this coverage.
(c) Workers' compensation insurance as shall be required by and be in conformance with the
applicable laws of the jurisdiction in which the Club Facilities are located, including employer's
liability insurance with limits of not less than $1 million for each accident and disease for all of
the employees involved in the Club Facilities’ operations. The Manager shall be the only named
insured.
(d) Excess or “umbrella” liability insurance no less broad than the underlying General
Liability, Automobile Liability, and Employers Liability coverages set forth above on an
occurrence basis providing excess coverage in a total amount no less than $15 million in the
annual aggregate. The deductible or self-insured retention for this coverage shall not exceed
$10,000.
(e) Employment practices liability insurance (with an extended reporting period not
less than one (1) year in the event that the coverage is given in a “claims made” form) in an
amount not less than $2 million per occurrence/annual aggregate. The deductible or self-insured
retention for this coverage shall not exceed $10,000.
Docusign Envelope ID: 1728E36D-CF73-4957-98A6-90225BE59F11
Page 4 of 4
Contract Modification no. 1 to 6056
Rev. 09/2021
(f) To the extent determined by Manager to be economically feasible, insurance
against business interruption and extra expense resulting from loss or damage from hazards to all
property (real and personal). The Manager shall be the only named insured under this policy.
(g) Comprehensive crime insurance, including employee dishonesty with a limit not
less than $2 million per occurrence.
(h) Contractor’s pollution coverage for Manager’s operation of the Club Facilities
with minimum limits of liability of $2 million. The Manager shall be the only named insured
under this policy.
(i) Such other insurance in amounts as Manager and Owner in their reasonable
judgment, deem advisable for protection against claims, liabilities and losses
arising out of or connected with the Club Facilities.
(ii) Cyber insurance with limits no less than $2,000.000 per occurrence and
aggregate;
Docusign Envelope ID: 1728E36D-CF73-4957-98A6-90225BE59F11