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HomeMy WebLinkAboutContract 6057 Modification 2024.docxPage 1 of 3 Contract Modification no. 1 to 6057 Rev. 09/2021 CONTRACT MODIFICATION AGREEMENT NO.1 BETWEEN THE CITY OF BREMERTON AND COLUMBIA HOSPITALITY, INC. for the MANAGEMENT AND OPERATIONS OF KITSAP CONFERENCE CENTER 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 3 Term and Termination , The original contract term is modified per the options available under section 3.1 Term of the original agreement. As Columbia Hospitality has submitted a letter requesting renewal within the allotted time the parties agree to an additional 6- year renewal term making the new contract expiration date, December 31, 2030. No other term in this section is changed under this via this contract modification. Section ____7. Insurance______, The original contract language is deleted in its entirety and replaced with the below: 7. Insurance. 7.1 Liability/Casualty Insurance. Contractor shall, at all times during the Term and at the City's sole cost and expense, to the extent specifically contemplated and permitted by the applicable Plan and Budget or otherwise authorized under Section 6.6, procure and maintain the following minimum coverages with commercial carriers reasonably acceptable to both the City and Contractor. Contractor shall be the named insured, and the City shall be an additional insured, under the insurance policies obtained pursuant to this Section. All of the insurance policies obtained pursuant to this Section shall be primary and non-contributory to any insurance maintained by the City. 7.1.1 Commercial General Liability insurance on an occurrence basis against claims for personal injury (including bodily injury or death) and property damage occurring on, in or about the Facility, or any elevator therein or otherwise arising under this Agreement in an amount not less than $1,000,00 combined single limit for each occurrence and $2,000,000 annual aggregate. This insurance must include bodily injury and property damage liability, independent contractors' liability, contractual liability, products and completed operations liability, liquor liability, and personal and advertising injury liability, and may not include any exclusions for terrorism; Docusign Envelope ID: 54D5D462-B941-4451-811A-24E43B04CB0F Page 2 of 3 Contract Modification no. 1 to 6057 Rev. 09/2021 7.1.2 Commercial automobile liability insurance on an occurrence basis against claims for injury or death to persons or damage occurring in or about the Facility with minimum limits of liability of $1,000,000 combined single limit for each occurrence. Such insurance must include coverage for bodily injury liability, personal injury liability, property damage liability, and the operation of owned, hired and non-owned vehicles. 7.1.3 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 $2,000,000 for each occurrence and without any exclusion for terrorism; 7.1.4 Excess or "umbrella" liability insurance no less broad than the underlying coverages on an occurrence basis providing excess coverage in a total amount not less than $15,000,000 in the annual aggregate; 7.1.5 Worker's compensation insurance as shall be required by and be in conformance with the laws of the State of Washington, including employers liability insurance with limits of not less than $1,000,000 for each accident and disease for all of Contractor's employees working with the Facility and $1,000,000 in the aggregate; 7.1.6 Professional liability insurance (with an extended reporting period not less than one (1) year in the event the coverage is given in a "claims made" form) for errors and omissions that may arise out of the negligent acts of Contractor while providing professional services as manager of the Facility. The minimum amount of this insurance must be $1,000,000 for each occurrence and may not include any exclusion for terrorism; and 7.1.7 Such other insurance coverage, Employer Theft Insurance or employee dishonesty insurance with a limit not less than $2,000,000 per occurrence, reasonably requested by Contractor to insure against other insurance risks not covered under the above subsections that are commonly insured against by Contractor or owners of similar conference facilities. 7.1.8 Cyber insurance with limits no less than $2,000.000 per occurrence and aggregate; 7.2 Policies and Endorsements. All insurance policies furnished and maintained under this Section shall include a requirement that the insurer provide each party at least thirty (30) days written notice of any cancellation or material change in the terms and provision of the applicable policy. As soon as practicable prior to the effective date of the policies furnished and maintained hereunder, each party shall provide the other with certificates of insurance evidencing that the insurance requirements of this Agreement have been satisfied. Contractor and the City acknowledge and agree that the policies and limits described above shall be subject to adjustment by the parties from time to time during the Term to reflect changes in the insuring practices for facilities similar to the Facility and changes in insurance products. 7.3 Waiver of Subrogation. Each party shall request its respective insurance companies to waive subrogation against the other party and its Affiliates (as applicable) and their respective authorized representatives on account of any loss, damage, injury and all liability of every kind and nature arising from any risk generally insured against under any insurance policies carried by the parties or required to be carried by the parties under this Agreement. Docusign Envelope ID: 54D5D462-B941-4451-811A-24E43B04CB0F ___________________________________________________________ ____________ Legal approval 1/6/2025_____________ CHI Initia/Date __________________ COB Initial/Date 1/6/2025 Page 3 of 3 Contract Modification no. 1 to 6057 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. Finance 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: 54D5D462-B941-4451-811A-24E43B04CB0F 12/29/2024 CFO of Management Company 1/6/2025 Dave Williams Mayor 1/6/2025 Greg Wheeler