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HomeMy WebLinkAboutCAG2023-589 - Amendment - #1 - Bin There Consulting & Epicenter Northwest - King County Rate Restructure - 11/25/24 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 Tony Donati Public Works Date Sent: Date Required: 0 11/27/2024 12/4/2024 CL Authorized to Sign: Date of Council Approval: C Director or Designee N/A Budget Account Number: Grant?[:]YesZNo 47005240.64110.7810 Budget?R]YesEl No Type: N/A Vendor Name: Category: Bin There Consulting & Epicenter Northwest Contract Vendor Number: Sub-Category: = Amendment 0 Project Name: King County Rate Restructure E `o Project Details: Extended completion date to 12/31/2025 c c 40 40 Agreement Amount: $0 Basis for Selection of Contractor: Other 47 `Memo to Mayor must be attached 3 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:YesEl In-ProcessEl Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: FlYesF]No CAG2023-589 Comments: a1 G 3 4) H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: 1 1/25/24 ac«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 • KENT WASH I N G T O N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Bin There Consulting, LLC CONTRACT NAME & PROJECT NUMBER: On-Call Technical Assistance for the Citv's Solid Waste Contract ORIGINAL AGREEMENT DATE: November 20, 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. 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: An amendment for additional time is needed to continue to receive technical assistance on the solid waste contract as necessary. 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, $9,500 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $9,500 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $9,500 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/2024 (insert date) Revised Time for Completion under N/A 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: Digitally signed by Michael Mactutis DN:cn=Michael Mactutis,—City of Kent, Michael Mactutis ou=Public Works Department, email=mmactutis@kentwa.gov,-US By: � �' By: Date:2024.11.2517.41:57-08'00' r Print Name: Jeanette Jurgensen Print Name: Michael Mactutis, P.E. Its Owner Its: Environmental Engineering Manager DATE: 11-14-24 DATE: 11/25/2024 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department P:\Ad rn n\Contracts\Dan1 AMENDMENT - 2 OF 2 AC DI DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/10/2023 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: ,John Bick Bick Insurance Agency LLC PHONE FAX 16720 116th Ave SE (A/C,NO,EXT):425-228-6090 (A/C,NO):425-307-6229 Ste B3 E-MAIL Renton WA 98058-5277 ADDRESS: jbick@farmersagent.com INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: HISCOX Insurance Company Inc 10200 INSURERB: United Financial Casualty Company 10600 Bin There Consulting INSURER C: 10509 32nd St E INSURER D: Edgewood WA 98372 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE ADDTL SUBR POLICYNUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED $ PREMISES(Ea Occurrence) 100,000 MED EXP(Anyone person) $ 5,000 A X Primary&Non Contributory Y Y UDC-5033536-CGL-21 12/10/2023 12/10/2024 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY ❑ PROJECT ❑ LOC PRODUCTS-COMP/OPAGG $S/T Gen.Ag OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANYAUTO BODILY INJURY(Per person) $ B ON ONLY X SCHEDULED BODILY INJURY(Per accident)$ Y Y 00593233-0 12/06/2023 12/06/2024 HIREDAUTOS NON-OWNED PROPERTY DAMAGE $ ONLY AUTOS ONLY (Per accident) UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER HER AND EMPLOYERS'LIABILITY STATUT OT $ E ANY PROPRIETOR/PARTNER/ Y/N E.L.EACH ACCIDENT $ EXECUTIVE OFFICER/MEMBER N/A E.L.DISEASE-EA EMPLOYEE EXCLUDED?(Mandatory in NH) 17If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Each Claim: 2,000,000 A Professional Liability UDC-5033536-EO-21 12/10/2023 12/10/2024 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The City of Kent is listed as an additional insured CERTIFICATE HOLDER CANCELLATION The City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION 220 4th Ave S DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f Kent WA 98039 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION.All Rights Reserved 31-1769 11-15 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: P1 03.891.779 7241 1st Edition ADDITIONAL INSURED-STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COVERAGE FORM APARTMENTOWNERS LIABILITY COVERAGE FORM CONDOMINIUM LIABILITY COVERAGE FORM SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: The City of Kent Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. The following is added to Paragraph C.Who Is An Insured of the applicable Coverage Form: Any state or governmental agency or subdivision or political subdivision shown in the Schedule is also an additional insured,subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: (1) The insurance afforded to such additional insured only applies to the extent permitted bylaw;and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by operations performed forthe federal government,state or municipality;or (2) "Bodily injury"or"property damage"included within the"products-completed operations hazard". B. With respect to the insurance afforded to these additional insureds,the following is added to Paragraph D.Liability And Medical Expenses Limits Of Insurance of the applicable Coverage Form: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. J7241-ED 1 02-19 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 93-7241 J7241101 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. 0012 2nd Edition WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE Name of Person Or Organization: The City of Kent Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Condition K.Transfer Of Rights Of Recovery Against Others To Us 3. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 41-0012 2ND EDITION 10-10 Includes copyright material of Insurance Services Office,Inc.,with its permission. E0012201 PAGE 1 OF 1 E0012-ED2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 7100 2nd Edition PRIMARYAND NONCONTRIBUTORY INSURANCE This endorsement modifies insurance provided underthe: BUSINESSOWNERS POLICY SCHEDULE Name of Additional Insured Persons(s)or Organization(s): The City of Kent Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The following is added to Paragraph H.Other Insurance of the Businessowners Common Policy Conditions and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the additional insured shown in the Schedule,provided that: 1. The additional insured shown in the Schedule is a Named Insured under such other insurance; 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured;and 3. The additional insured shown in this Schedule is also an Additional Insured on this policy. The coverage provided under this endorsement is subject to the terms and conditions of the applicable, underlying Additional Insured endorsement. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy J7100-ED2 05-18 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 93-7100 J7100201