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HomeMy WebLinkAboutCAG2021-253 - Amendment - #2 - MacLeod Reckord PLLC - Lower Russell Levee Setback - Construction Support - 10/28/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. Originator: Department: Karin Bayes for Toby Hallock Public Works Date Sent: Date Required: 0 10/29/2024 11/1/2024 CL Director or Designee to Sign. Date of Council Approval: Q N/A Budget Account Number: Grant?[:]YesZNo D20079 Budget?R]YesE]No Type: N/A Vendor Name: Category: MacLeod Reckord PLLC Contract Vendor Number: Sub-Category: = Amendment 0 Project Name: Lower Russell Levee Setback - Construction Support E 1. Project Details: Extended completion date to December 31, 2025 c c 40 40 Agreement Amount: $0 Basis for Selection of Contractor: Other 47 `Memo to Mayor must be attached 11- Start Date: Upon Execution Termination Date: 12/31/2025 Q Local Business?F--]YesF--]No* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:YesElln-ProcessElExempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: F1YesF]No CAG2021-253 Comments: a1 G 3 4) H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: 10/30/24 Interlocal Agreement has been uploaded to website: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 w KENT W n S H I N G T G N AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: MacLeod Reckord PLLC CONTRACT NAME & PROJECT NUMBER: Lower Russell Levee Setback (09-3007.1) ORIGINAL AGREEMENT DATE: May 26, 2021 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: No change to Scope of Work, however, an amendment is needed to extend the completion date to December 31, 2025, to allow completion of the Site Management Plan with King County. 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, $66,200 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $66,200 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $66,200 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/2023 (insert date) Revised Time for Completion under 12/31/2024 prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 12/31/2025 (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: Michael Digitally signed by Michael Mactutis DN:cn=Michael Mactutis,o=City of Kent,ou—Public Works Department, By: By: Mactutis email—mmactutis@:2547-07'00'=US Date:2024.10.25 16:25:47-07'00' Print Name: onnie Reckord Print Name: Michael Mactutis Its Managing Member Its: Environmental Engineering Manager DATE: October 28, 2024 DATE: October 28, 2024 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) �A D Kent City Clerk Kent Law Department kb-1/28/2024 AMENDMENT - 2 OF 2 ---,MQN MACLREC-01 LBERNHARDSEN 14 LIP CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 114 � 9/9/2024 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). PRODUCER CONTACT NAME: Mill Creek-AAA Insurance Agency PHONE FAX 2911 1/2 Hewitt Ave (A/C,No,Et):(877)222-4678 (A/C,No): Everett,WA 98201 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:AmGuard Insurance Company INSURED INSURER B:Everest Indemnity Ins Co Macleod Reckord PLLC INSURER C: 110 Prefontaine Place South,Suite 600 INSURERD: Seattle,WA 98104 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR MABP575847 9/1/2024 9/1/2025 DAMAGE TO RENTED X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ Included GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY F7 JECOT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X X MABP575847 9/1/2024 9/1/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PerOac RTY DAMAGE $ AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE X X MAUM575807 9/1/2024 9/1/2025 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 A WORKERS COMPENSATION PER X OTH- AND EMPLOYERS'LIABILITY X STATUTE ER YIN MABP575847 9/1/2024 9l1/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT B Errors&Omissions X AAEP000437241 8/30/2024 8/30/2025 Ea Claim/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent is additional insured Project:Lower Russell Levee for Construction Administration Contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 At7fRD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MABP575847 BUSINESSOWNERS BP 04 48 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Persons Or Organization s : City of Kent Parks, recreation & Community Services Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph C. Who Is An In- sured in Section II— Liability: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for"bodily injury", "property dam- age" or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. BP 04 48 01 06 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ BUSINESSOWNER'S BP99 213 02 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNER'S COVERAGE FORM Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in SECTION III — COMMON POLICY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have against any person(s) or organization(s) for whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing oper- ations or"your work" done under a contract with those person(s) or organization(s) and included in the "products-completed operations hazard". BP 99 213 02 17 Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Page 1 of 1 9/9/24, 10:17 AM MACLEOD RECKORD PLLC 4 5CAIE Of WASHINGTON Department of Labor& Industries Certificate of Workers' Compensation Coverage September 9, 2024 WA UBI No. 602 870 639 L&I Account ID 354,845-01 Legal Business Name MACLEOD RECKORD PLLC Doing Business As MACLEOD RECKORD PLLC Workers' Comp Premium Status: Account is current. Estimated Workers Reported Quarter 2 of Year 2024"4 to 6 Workers" (See Description Below) Account Representative Employer Services Help Line, (360)902-4817 Licensed Contractor? No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51 .l 2.050 and 51 .16.190). https://secure.ini.wa.gov/verify/Detai Is/liabilityCertificate.aspx?U B 1=602870639&LIC=&VI O=&SAW=false&ACCT=35484501 1/1