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HomeMy WebLinkAboutCAG2023-063 - Amendment - #1 - Express Employment Professionals - Federal Way Link Extension - 02/06/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Kelly Peterson Public Works Date Sent: Date Required: > 01/30/2024 2/6/2024 0 Q Mayor or Designee to Sign. Date of Council Approval: Q Q Interlocal Agreement Uploaded to Website 2/7/2023 Budqet Account Number: Grant? YesElNoF71 19-3018 Budget? Yes E]No Type: N/A Vendor Name: Category: Express Employment Contract Vendor Number: Sub-Category: c 461816 Amendment 0 Project Name: FWLE - Express Employment Admin cProject Details: Admin assistance from Alix Lu, former city staff, to be dedicated to the FWLE project, maintain staffing consistency during the }, design build project and decrease impacts to the Permit Center. c Agreement Amount: $135,000 Basis for Selection of Contractor: Direct Negotiation E Memo to Mayor must be attached i 3- Start Date: Termination Date: 12-31-2024 Q Local Business? Yes F—]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑YesElln-ProcessElExempt(KCC 5.01.045) 7Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes ,/❑No CAG2023-063 Comments: Given the complexity and the duration of the FWLE project, maintaining W continuity of staffing key positions is critical to understanding project 0 history, processes and developing relationships with key positions within = Sound Transit and it's contractors. Express Employment Professionals will a� +� provide the City with continuity in staffing for the FWLE Administrative 0 Project Coordinator that city staff are familiar with and will maintain °C efficient processes for the city, while reducing impacts to the Permit Center. Date Received:City Attorney: 1/31/24 Date Routed:Mayor's Office 2/5/24 City Clerk's Office 2/6/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 TO: Operation Committee SPEAKER(S): Kelly Peterson, Deputy Public Works Director DATE OF MEETING: January 17, 2023 SUBJECT: Agreement with Express Employment Professionals - Authorize MOTION: I move to approve the Consultant Services Agreement with Express Employment Professionals, for an amount not to exceed $125,000, for staffing services to support Sound Transit's Federal Way Link Extension project, and authorize the Mayor to sign the agreement subject to final terms and conditions acceptable to the City Attorney. SUMMARY: Sound Transit is constructing the Federal Way Link Extension (FWLE) which will extend its light rail system approximately 7.8 miles from the Angle Lake Station near Sea Tac Airport, through Kent, to Federal Way. The project includes three new stations and garages, two of which will be located within the City. The Kent Des Moines Station and garage are located adjacent to 301" Ave. S. and the Star Lake Station and garage are located adjacent to S. 272nd Street just west of I-5. Given the complexity and the duration of the FWLE project, maintaining continuity of staffing key positions is critical to understanding project history, processes and developing relationships with key positions within Sound Transit and it's contractors. Express Employment Professionals will provide the City with continuity in staffing for the FWLE Administrative Project Coordinator that city staff are familiar with and will maintain efficient processes for city staff. The existing FWLE project budget is available to fund this position. EXHIBITS: Consultant Services Agreement with Express Employment Professionals BUDGET IMPACTS: None - Expenses are included within the Federal Way Link Extension Budget for staff time STRATEGIC PLAN GOAL(S): �:] Innovative Government-Delivering outstanding customer service, developing leaders, and fostering innovation. x Evolving Infrastructure-Connecting people and places through strategic investments in physical and technological infrastructure. x Thriving City-Creating safe neighborhoods,healthy people, vibrant commercial districts, and inviting parks and recreation. x Sustainable Services-Providing quality services through responsible financial management, economic growth,and partnerships. x Inclusive Community-Embracing our diversity and advancing equity through genuine community engagement. These DO NOT require a Strategic Plan Goal: Approval of Minutes • Executive Session Discussion Items Excused Absences LEGISLATIVE ITEM STRATEGIC PLAN GOAL Accept as Complete ✓ Thriving City Appointments and Reappointments ✓ Inclusive Community Bid Awards ✓ Evolving Infrastructure ✓ Thriving City Bill of Sale ✓ Thriving City Capital Plan ✓ Thriving City ✓ Sustainable Services Cell Tower Lease Agreements ✓ Evolving Infrastructure Contracts ✓ Evolving Infrastructure May need to revise according to type of service ✓ Thriving City ✓ Innovative Government - May apply Cooperative Purchasing Agreement ✓ Evolving Infrastructure Comprehensive Plan Amendments ✓ Thriving City Grants ✓ Evolving Infrastructure May need to revise according to type of grant ✓ Thriving City Ordinance - Six Year Transportation Improvement ✓ Evolving Infrastructure Program ✓ Thriving City Ordinance - Budget Adjustment ✓ Sustainable Services Ordinance - Tobacco Free Parks ✓ Thriving City Ordinance - Complete Streets ✓ Inclusive Community Ordinance - Interfund Loans ✓ Sustainable Services Ordinance - Condemnation ✓ Evolving Infrastructure ✓ Thriving City Ordinance - Comprehensive Plan Amendment ✓ Evolving Infrastructure ✓ Thriving City ✓ Sustainable Services Ordinances - Amending Code ✓ Thriving City ✓ Inclusive Community Resolution - Neighborhood Councils ✓ Evolving Infrastructure Resolution - Moratorium on Safe Injection Sites ✓ Thriving City Resolution - Fees ✓ Sustainable Services Resolution - Surplus ✓ Thriving City ✓ Sustainable Services Water System Plan ✓ Evolving Infrastructure ✓ Thriving City Fee in Lieu ✓ Sustainable Services Set Public Hearing - Budget ✓ Sustainable Services Set Public Hearing - Capital Improvement Plan ✓ Sustainable Services ✓ Evolving Infrastructure ✓ Thriving City Tax Levy ✓ Sustainable Services KENT w.= I��T. AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Express Services, Inc. dba Express Employment Professionals CONTRACT NAME & PROJECT NUMBER: CAG2023-063 ORIGINAL AGREEMENT DATE: February 7, 2023 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. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant's Assigned Individual shall complete the assignment to City described in Section I by December 31, 20232024. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $125,000, for the services described in this Agreement for the 2023 calendar year and an amount not to exceed $135 000 for the 2024 calendar year. This is the maximum amount to be paid under this Agreement for the work described in Section I and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this Agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. Upon City's approval, Consultant may increase its rates provided under the Agreement to reflect increases in its costs associated with higher taxes, including State Unemployment Taxes. The Consultant's billing rate for 2024 shall be invoiced at a rate of $56-.1458.63 per hour and, if applicable, overtime will be billed at 3:61_5 times that rate. Assigned Individual will submit either an electronic time record or a time sheet for City's verification and approval at the end of each week. AMENDMENT - 1 OF 2 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: By 7 B7 7.j-D J I Print Name: Print Name: Dana Ralph'O�Json It �MA Its: Mayor DATE: IL- DATE: 02/06/2024 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) eU� k5U0b Nk Kent City Clerk Kent Law Department AMENDMENT - 2 OF 2 1 ® DATE(MMIDD/YYYY) A`�o CERTIFICATE OF LIABILITY INSURANCE 10/1/2024 2/1/2024 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 have ADDITIONAL INSURED provisions or 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). CONTACT PRODUCER Lockton Companies NAME: 444 W.47th Street,Suite 900 IPA/C.HONE FAX No): No Ext Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: kcasu@lockton.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins Co Pitts.PA 19445 INSURED EXPRESS SERVICES,INC. INSURER B:--- SEE ATTACHMENT--- 1352730 DBA:EXPRESS EMPLOYMENT PROFESSIONALS INSURER C:AIG Specialty Insurance Company 26883 9701 BOARDWALK BLVD. INSURER D:ACE American Insurance Company 22667 OKLAHOMA CITY OK 73162 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 20264493 REVISION NUMBER: XXXXXXX 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. IN SR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIDDYIYYVY MMIDDEFF Y/YYYY LIMITS EXP LTR IN D D A X COMMERCIAL GENERAL LIABILITY N N GL 9575241 10/1/2023 10/1/2024 EACH OCCURRENCE $ 5 000 000 CLAIMS-MADE a OCCUR PREMISES(Ea occur ence) $ 11000,000 X STAFFING SERVICE ME EXP(Any one person) $ 20,000 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 X POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 10,000,000 JECT OTHER: A AUTOMOBILE LIABILITY N N CA 7281033 10/1/2023 10/l/2024 COMEe MBINEDtSINGLE LIMIT $ 5,000,000 ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX AUTOS ONLY AUTOS X HIRED X NON-OWNED PeOraPETY cRdenDAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY $ XXXXXXX C X UMBRELLA LIAB OCCUR N N 38178823 10/1/2023 10/1/2024 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DIED RETENTION$ $ XXXXXXX B WORKERS COMPENSATION Y/N N SEE ATTACHED POLICY#'S 10/1/2023 10/l/2024 X STAT LITETE ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? �N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1 000 000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS below A CRIME/FIDELITY N N 14680029 10/1/2023 10/1/2024 CRIME/FIDELITY:$5,000,000 PER CLAIM D STAFFING E&O D01853211 10/1/2023 10/1/2024 E&O OCC/AGG:$10,000,000 COVERAGE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ALL INSURANCE CARRIERS SHOWN ON THIS CERTIFICATE HAVE AN A.M.BEST RATING OF A XV OR BETTER UNLESS OTHERWISE NOTED. LOCATION:1035 -KENT WA/TYPE OF COMPANY:CITY OFFICE /JOB DESCRIPTION:ADMINISTRATIVE ASSISTANT CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20264493 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF KENT ATTN:CHERYL VISETH 220 4TH AVE S. AUTHORIZED REPRESENTATIV KENT WA 98032 ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Miscellaneous Attachment: M597360 Master ID: 1352730,Certificate ID:20264493 Express Services, Inc. Workers Compensation Policy Schedule: Policy periods: 10/1/2023-10/1/2024 AIU Insurance Company Policy No. WC049154383 NAIC# 19399 States Covered:AK, AL,AR,AZ, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OK, OR, RI, SC, SD, TN, TX, UT,VA, VT,WV,WY AIU Insurance Company Policy No. WC049154384 NAIC# 19399 States Covered: CA AIU Insurance Company Policy No. WC049154385 NAIC# 19399 States Covered:WI AIU Insurance Company Policy No. WC049154386 NAIC# 19399 States Covered: PA National Union Fire Insurance Company of Pittsburgh, Pa. Policy No.XWC1647743 NAIC# 19445 States Covered: OH National Union Fire Insurance Company of Pittsburgh, Pa. Policy No.XWC1647444 NAIC#19445 States Covered:WA