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HomeMy WebLinkAboutPW15-337 - Amendment - Amendment #1 - Tierra Right of Way Services - Lower and Lowest Russell Road Levee - Relocation Assistance - 9/28/15 __'..)_ ecords way _ KENT Document WA9lH TON 1. Y; CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Tierra Right of Way Services Ltd. Vendor Number: ]D Edwards Number P Contract Number: P;� 002, This is assigned by City Clerk's Office Project Name: Lower and Lowest Russell Road Levee I Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: S�101l tp Contract Effective Date: Date of the Mayor's signature Termination Date: 7/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ingrid Willms-Dixon Department: Engineering Contract Amount: $11,350.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide relocation assistance for the Mackie and Kuno displacement. As of: 08/27/14 i KENT AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Tierra Right of Way Services, Ltd. CONTRACT NAME & PROJECT NUMBER: Lower and Lowest Russell Road Levee ORIGINAL AGREEMENT DATE: September 28, 2015 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: Provide relocation assistance for the Mackie and Kuno displacement. For a description, see the Vendor's scope of work which is attached as Exhibit A and incorporated by this reference. 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, $26,223.75 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $26,223.75 including all previous amendments Current Amendment Sum $11,350.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $37,573.75 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/16 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (f) for this 212 calendar days Amendment Revised Time for Completion 7/31/17 (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: By: t l (si nature) f' (signature) Print a e: r <.• '_ Print,AiV WEei S�zette Cooke Its w e— ` Its ' flavor '.(title) � title) DATE: �1/Z ���� DATE: 1��' �a APPROVED AS TO FORM: (applicable irMayor's s(gnature�equired) r Kent Law Department Tierra Right of Way-LL Russell Rd 2 Amd I/Whims-Dixon AMENDMENT - 2 OF 2 EXHIBIT A &- Tat�'r-evl e o Vao _ ay - A LAND SERVICES COMPANY June 30,2016 Ms. Ingrid Willms-Dixon,Project Analyst City of Dent,Public Works Department Re: Tower and Lowest Russell Road Levee Project Relocation Assistance of Mackie and Kuno Scope and Budget Amendment#2 Deat Ingrid, Based on the continued need for our professional services for the Lower and Tower Russell Road Levee project,Tierra Right of Way Services,Ltd.is providing you with an estimate of remaining hours to complete professional relocation services in accordance with Washington State Department of Transportation (WSDO'1) guidelines,including Local Agency Guidelines (LAGS),Washington state law,specifically as stated in Chapter 8.26 of the Revised Code of Washington (RCW) and the Seattle Municipal Code, Chapter 20.84. Mackie Residential Displacement: The Macki&s moved into a non-DSS dwelling and have not made the suggested modifications to make the dwelling DSS. They have been complicated to deal with and it is anticipated they will continue to be until either their claim period expires or they decide to make the fixes required at the replacement. We will continue to make contact with Mr, and Mrs. Mackie every couple of months and prior to their final claim date, we will send out another letter informing them of the final claim date and the expiration of their relocation entitlements, Based on our knowledge of these individuals, it is anticipated they will not be making a claim and the estimated hours to complete this file as described and submit to the cityin its entirety is 12.75 hours, Kuno Landlord Business Displacement: Ms. Kuno has vacated the displacement site and is in the process of making the modifications to the replacement rental property. Her spouse has recently been informed of some significant health issues, and it is anticipated that this could delay their claims. Ms. I{uno has been difficult to reach due to location of her permanent residence and her frequent travel to the replacement rental property. She is also slow to respond/communicate with the agent. It is anticipated that she will claim up to$50,000 and the agent will be performing inspections, obtaining estimates and preparing claim packages for submittal to the city. We will continue to make contact with Ms. Kuno and her partner every couple of months and if there is no activity, prior to their final claim date,we will send out another letter informing them of the final claim date and the expiration of their relocation entitlements. Based on our knowledge of these individuals, it is anticipated they will be making several claims and the estimated hours to complete this file as described and submit to the city in its entirety is 76 hours. 17553 IS`° Avenue NE a Shorelines Washington 98I55 0 206.3b3.f55d a Fax: 2d G.363.DIad atgh4 of way • Gilfural Resources 4 Environmental Planning . Federal. Srnte, and Local Aennic[ing a GISICA❑ idapping EXHIBIT A We are also esthnating an additional 16.25 hours for our project Manager's time to review the claims, file QA/QC and ovexsee the project in its entitety, Sumtnaty of Ustiinated Hot1xs,; NAME TOTAL HOURS AMOUNT Mackie 12.75 hours L1,3M 75 I uno 76-hours $7,980.00 1�ro 'Manal;etncnt 16.25 hours $2,031.25 _ TO`IAL 105 hours $11,350,00 j Out testa looks forward to working with the City to complete this project Please contact me with any questions you may have. Thank you. Sincerely, e��e ��� � `��'C�Y Leslie Beaitd, SR/WA,RW/RAC Manager,Right of Way Operations Pacific Northwest TIERR-4 CIP ID: TA ac�ia®A CERTIFICATE OF LIABILITY INSURANCE D07/01ATE 12016Y) �✓ 07l01l2016 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 )W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED RESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must 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 endorsements . CONTACT PRODUCER NAME: Teresa Alvarado Stuckey Ins&Assoc Agencies PHONE 602-264.5533 (mc No,: 602-279-9336 5343 N.16th Street,Suite 110 C No Exl: _.. ..-. Phoenix,AZ 85016 E-MAILADDRESS•teresa.alvarado@stuckeyinsurance.com Scott Schmidt INSURER(S)AFFOROING COVERAGE __ NAICd INSURER A 1 Travelers Indemnity Co of CT 25682 INSURED Tierra Right of Way INSURERS:Travelers Prop Cas of America _ 25674 Services LTD INSURER C:Travelers Indemnity Company 25658 1575 E. River Rd.#201 - -" Tucson,AZ 85718-5831 INSURER D:X_L Specialty Ins 37885 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 - AD BR - POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICYNUMBER MMIDWYYYY MM/DCIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 1XIETORENTEO CLAIMS-MADE OCCUR X 6804832L470 0711012016 07110l2017 PREMISES Ea occurrence) $ - 30Q000 X Contractual Liab NO DEDUCTIBLE 5,000 MED EXP(Any one person $ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY FX7 JECT El LOC PRODUCTS-COMP/OP AGG $ 21000,00 OTHER: COMBINED SINGLE LIMIT JTOMOBILE LIABILITY Ea accident $ 1,000,00 B X ANYAUTO X BA63991_303 07/10/2016 07/10/2017 BODILY INJURY(Per parson) $ __. ALL OWNED SCHEDULED BODILY INJURY(Pereccid.0) $ AUTOS AUTOS ------ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peraccident _ Deductible $ 1,00 X UMBRELLA USE �Xj OCCUR EACH OCCURRENCE $ 5,000,00 C EXCESS LIAB CLAIMS-MADE X CUP7180YO34 07/10/2016 07/10/2017 AGGREGATE _ $ 5,000,000 DED I X RETENTION$ 10000 PER OTH- $ WORKERS COMPENSATION X STATUTE ER _ AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNERIEXECUTIVE YIN UB9213Y784 07110/2016 07110/2017 E.L.EACH ACCIDENT __ S 1,000,000 j OFFICERIMEMBER EXCLUDED? NIA 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ _ If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below D Professional Llab DPR9806966 07MO/2016 07/1012017 Per Claim 2,000,00 Aggregate 2,000,000 i DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Professional Liability - Claims Made - Retro Date 5/11/98 City of Kent is included as additional insured as per written contract as respects to general, auto and excess liability coverage on a primary and non contributory basis, Or- CERTIFICATE HOLDER CANCELLATION CZKEN-1 SHOULD ANY OF THE ABOVE DESCRIBED�P�pp}� 861ir1APQ�LA BEFORE THE EXPIRATION DATE THEREO):j0k 'WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032 AUTHORIZED•REPRESENTATIVE V `_w,r-L ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 6804832L470 C i I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, I BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) i I This endorsement modifles Insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following Is added to WHO IS AN INSURED INSURANCE (Suction III) for this Coverage (Section II): —Part. Any'person or organizatlon that you agree in a B. The following Is added to Paragraph a. of 4. "contract or agreement requiring Insurance" to In- Other Insurance In COMMERCIAL GENERAL Chide as an additional Insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for "bodily in- However, If you specifically agree In a "contract or jury", "property damage" or "personal Injury" agreement requhing Insurance" that the Insurance caused, In whole or In part, by your acts or omis- provided to an additional Insured under this Cov- slons or the acts or omissions of those acting on erage part must apply on a primary basis, or a your behalf: primary and non-contributory basis, this Insurance a. In the performance of your ongoing opera Is primary to other Insurance that Is avallabie to such additlonal Insured which -covers such addi- tions; tional Insured as a named Insured, and we will not b. In connection with premises owned by or share with the other Insurance, provided that, rented to you;or (1)The"bodily Injury"or"property damage"for (- C. In connection with "your work" and Included which coverage Is sought occurs; and within the "products-completed operations hazard" (2)The "personal injury" for which coverage Is sought arises out of an offense committed; Such person or organlzation does not qualify as an additional Insured for "bodily Injury", "property after you have entered Into that "contract or damage" or "personal Injury" for which that per- agreement requiring insurance". But this Insui- ° son or organization has assumed liability In a con- ante still Is excess over valid and collectible other tract or agreement. Insurance, whether primary, excess, contingent or o The Insurance provided to such additional Insured on any other basis, that Is available to the Insured e when the Insured is an additional Insured under is limited as follows' any other Insurance, d, This Insurance does not apply on any basis to C, The following Is added to Paragraph 8. Transfer � any person or organization for which cover- Of Rights OF Recovery Against Others To Us i age as an additional Insured specifically Is in COMMERCIAL GENERAL LIABILITY CON. added by another endorsement�to this Cover DITIONS (Section N): age Part, i e, This Insuranco does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services payments we make for "bodily Injury", "property damage" or "personal Injury" arlsing out of "your a f. The limits re d shall be the limitInsurance afforded to the add[- work" performed by you, or on your behalf, under tonal Insureree which you a "contract or agreement requiring Insurance" with agreed In that"contract or agreement requiry that person or organization. We waive these Ing insurance" to provide for that additional rights only where you.have agreed to do so as Insured, or the limits shown In tine Declare- art of the "contract or agreement requiring Insur- tions for this Coverage Part, whichever are ante"'with" such person or organizatlon entered less. This endorsement does not Increase the into by you before,and In effect when,the"bodily � limits of Insurance stated In the LIMITS OF I CG D3 St 09 07 ©2007 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material or insurance services office,Inc.,with Its permission _ l �I I COMMERCIAL GENERAL LIABILITY Injury"or "property damage" occurs, or the "per- erage Part, provided that the"bodily Injury" and sonal Injury"offense is committed, "property damage" occurs, and the "personal In- D. Is caused b an offense committed: D.The following definition Is added to DEFINITIONS jury" y I (section V)o a. After you have entered Into that contract or "Contract or agreement requiring Insurance" agreement; j means that part of any contract or agreement un- b. While that part of the contract or agreement is der which youae required to Include a person or In effect; and organization as an additional Insured on this Cov- c. Before the end of the policy period. i I i L. I I I I I i I I i I i i i I I i ©2007 The Travelers Companies,Inc. CG D3 8109 07 CA T4 37 08 08 BA6399003 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided tinder the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM i I With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modifled by the endorsement. The following is added to the Section II—Liability Coverage, Paragraph A.I.Who Is An i Insured Provision: Any person or organization that you are required to include as additional insured on the Coverage Form In a written contract or agreement that Is signed and executed by you before the"bodily i Injury" or"property damage"occurs and that Is In effect during the policy period Is an 'Insured"for Liability Coverage, but only for damages to which this Insurance applies and only to the extent I that person or organization quollfles as an"Insured"under the Who Is An Insured provision contained In Section II, I I i i i i I i I I i i I I I REQUEST FOR MAYOR'S SIGNATURE a 1 ,• i � Routing Information; .- (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) ��,- -• p �` � �, Approved tiv DirectrQr '�- tq Originator: Ingrid Willms-Dixon Phone (Originator):'55j 9 Date Sent: Date Required: Return Signed Document to: Contract Termination Date: Nancy Yoshtake 7j31J17 VENDOR NAME: Date Finance Notified:Only required on contracts 1�� V i G Tierra Right of Way Services, Ltd. {za 009 and over or on any Grant) DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified:N/A _ _.[Required on Non GtV Standard Contracts/A regiments Has this Document been Specifically Account Number: D20079 Authorized in the Bud et? e YES NO Brief Explanation of Document: The attached amendment with Tierra Right of Way Services is to provide relocation assistance for the Mackie and Kuno displacement for the Lower and Lowest Russell Road Levee project. All Contractd g7#74ugh The Law Department_ , k }q area to be completed by the Law Department) s . . I Received: A roval of Law Dept. PPt,- Law De t: Comments: Date Forwarded to`Ma or: 5 � Shade "as To Be Completed By Administration Staff Received: Recommendations and Comments: to•.- �n �ru= t>a yw. -- i.�£C-tr,i ,S+.AO C- t Disposition: � f Date Returned: Ol enL. ssn9 eWs��w Mvyo gaWre o