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HomeMy WebLinkAboutPW16-140 - Supplement - #1 - Tierra Right of Way Services - S 228th St UPRR Grade Separation: Prep of Relocation - 09/14/2016 �}�}# g Records � jemexrra. KEN`C � . VI 9XINOTON fi!, Document 7 q ic= y CONTRACT COVER SHEET i 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: JD Edwards Number I Contract Number: ` i This is assigned by City Clerk's Office Project Name: S. 228th St. UPRR Grade Separation Description: ❑�nterlocal Agreement ❑ Change Order ® Amendment ❑ Contract p Other: S1q &t 1 .1601 'd 15�Pf k;} Y9¢lf �� NO ' Contract Effective Date: Date of the Mayor's signature Termination Date: 8/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ingrid Willms-Dixon Department: Engineering Contract Amount: $39,799,00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide right of way relocation serivices for the project.______ — As of: 08/27/14 TUWashington State j F Department of 'Transportation Supplemental Agreement Organization and Address (dumber I Tierra Right of Way Services,Ltd, Original Agreement Number 1575 East River Road,Suite 201 Tucson,AZ 85718 LA 7173 Phone: (520)319-2106 Project Number Execution Date Completion Date STPD-1216(004) 4/8/16 8/31/17 Project Title New Maximum Amount Payable _ S. 228th Street UPRR Grade Separation $110,999.00 Description of Work Additional budget heeded to provide right of way relocation services for the project. For a description,see Exhibit A which is attached and incorporated by this reference. The Local Agency of the City of Kent desires to supplement the agreement entered in to with Tierra Right of Way Services.Ltd and executed on 4/8/16 _ and identified as Agreement No. LA 7173 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: Right of way relocation services has been added to the scope of work. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: August 31 2017 III Section V, PAYMENT, shall be amended as follows: increase of$39,799.00 to provide right of way relocation services. i as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below nd eturn this office for final action. �p By: / w Ael - Z)t ' e J0 By; Suzette Cooke Mayor ..,.fit �... .z�- .'• $F.. Consultant Signature f Approving�uthority Signature r Date DOT Form 140-063 ' Revised 0912005 See attached Exhibit "A" Summary of Payments Basic Supplement#1 Total Agreement Direct Salary Cost Overhead (Including Payroll Additives) Direct Non-Salary Costs Fixed Fee Total �� II 1 i DOT Form 140-063 Revised 09/2005 i EXHIBIT A 41- 1'ne-e-rr-a�-R��AegtLvayr A LAND SERVICES COMPANY August 8, 2016 Ingrid Willms-Dixon, Project Analyst City of Kent, Public Works Engineering 400 West Gowe Street Kent, Washington 98032-5895 Re: City 2281h Street—UPRR Grade Separation Project Right of Way Relocation Services I Dear Ingrid, Tierra Right of Way Services, Ltd. is pleased to submit this proposal and cost estimate for the performance of professional relocation services that shall be provided in accordance with Federal, State, and local laws, including the Uniform Act, WSDOT LAGS, and Chapter 8.26 RCW, Our team looks forward to continuing to work together with the City to complete this project. I Sincerely, i c zcj&a �¢Gli/td Leslie Beaird,SR/WA, RW/RAC Manager, Right of Way Operations Pacific Northwest cc: Mack Dickerson,Vice President, Right of Way Operations f 17553 15ca Avenue Nt * Shoreline, Washington 98155 s, 206.363,1556 o Pam 206,363.0106 Right of Way a Cultural Resources • Environmental Planning Federal, State. and Local Permitting o CIS/CAD Mapping www.tierra•row.com ................__._. _ PROJECT UNDERSTANDING The City is in the right of way phase for the construction of a grade-separated interchange (GSI) at the intersection of 228tb Street and the UPRR tracks within City limits.This project is known as the 228th Street—UPRR GSI Project (the Project).The City intends to use Federal funds. Due to the use of Federal funds,the City is required to follow the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (the Uniform Act) (49 CFR Part 24) and the statutes found in Chapter 8.26 RCW,In addition,the City must comply with WSDOT's LAGS. There are 12 parcels that will be impacted by the Project and 23 occupants, all of which appear to be commercial/business occupants.As of this date,only one landlord and one commercial business tenant will be displaced by the Project.The Relocation Plan was prepared by Tierra and approved by WSDOT in May of 2016 and therefore the scope and labor hours to prepare the relocation plan were not included in this proposal. If there are future amendments to the relocation plan, an amendment would be required to the scope and hours. PROJECT APPROACH—RELOCATION Tierra's philosophy is that relocation begins with education about the project's benefits, clear and repeated explanation of what the displaced business will be entitled to and the steps needed in order to be able to claim their entitlements to the fullest according the laws and regulations. Tierra staff will schedule a meeting with each displaces at their property. Our Agent will provide the displaces with an overview of the project and the relocation assistance that may be available to them if they are required to move from the project limits, We will consider the relocation needs of the businesses,including the availability of replacement sites, potential required zoning changes to accomplish the relocation, existing operations and contracts, Impacts of relocation on employees and special considerations needed to accommodate the move of the business.The final component will consider any special relocation advisory services that may be needed from the City and other cooperating agencies. Our proposal and cost estimate submittal assumes the following and is based on one displaced business landlords and one displaced business tenants and assumes the following: f There are no additional commercial tenants Identified. c The commercial tenant is considered somewhat complex and does include some specialized equipment and/or requirements If additional tenants are identified during the interview stage,Tierra will interview that tenant at the earliest possible time and inform the City of the presence of an additional tenant.The City agrees to additional charges should this occur. B Relocation Assistance Service$ Upon initiation of negotiation, relocation services will be executed by Tierra agents for the eligible property and displacee's.Relocation Services will begin concurrent with the acquisition. Tierra agents will conduct eligibility interviews with displacee's, perform inventory inspections, request move bids, assist in locating replacement site and although the agency is not required to find a replacement Tierra will provide advisory services to assist in this process. Tierra will prepare and present determination/move benefit packages, issue 90-day notices to displacees, assist with site searches, perform inspections of replacement sites, monitor moves and perform vacate inspections, receive and process all claim forms, and close files when all 2 i I I claims are complete, The duration typical of business relocations,depending on the availability of replacement sites is 12 to 18 months. PROJECT MANAGEMENT in order for the project to succeed,it is not just important that the consultant work as a team with the City's Project Manager and other team members,it is critical!Tierra will provide the City with a high level of transparency and interaction, and the City should be able to easily monitor the progress of the project at any time of the day. All actions performed by our Agents and Project Managers are documented daily in LandSoft's right of way database. LandSoft organizes right of way projects by parcel, providing the user with the ability to document meetings, actions, directions given and received, e-mails, and time utilized for each entry. These entries evolve into the Right of Way Agent's log of the relocation. This log becomes a piece of our final deliverable to the City.The log's contents will help the City for WSDOT certification purposes and in the event of an appeal. LandSoft also functions as cloud-based file storage,allowing any form of electronic document to be uploaded for storage and retrieval at a later time. Tierra's Project Manager and/or Relocation Agent will meet with the City's Project Manager to discuss project progress,the project schedule,project-related issues,and more. Between our proven project approach, dedication to communication and budget tracldng, and cutting edge project management tools,Tierra has the resources and experience the City needs to achieve the highest quality results and deliver the project successfully. i i -_.O d ry O N Ml 42 m q m o~S E a m w ti M Yil E U m rOi ,up o000 o � m o o o o s � O vdu c�o( w o(�� J5ci V 4 J o V cc c [V N N rW 4 7 N V 0. p D O 3 W - F' ea w to cn N 69 ti ar U en cra vT N cs es 69 ur F» O E EN ° E O C 9 V g q b b 0 0 3 Q E a O O N q cbq q N � A U E R o o00o q q dd , 006o E � 'K O y ° ° mVq E LL A" � N m a SN L O 069. w 64 69A V � vim+ r v F �( 0 WW bqN q o o p O q q W U p r. N p L Q O Cl) Q pn N ._ rn'ro m m _ 0 j a ti p EA<a v� v-r bq u � Z 0 tL d d N � W ro Qz .� .• y h W O Q-� kli, c pg � h. ;n .2� a) LL 0. m o>q c- r-- M a� 0 W '' n y `� 'o� X X X J Li =R3I-� � Ui.L _Ov� E � � N n0 p 0 y m E w '� W C,a a ° J v h h n ° $ ay ° v z - > > y � m E F'- 0 "" ^ Q A N a a a E ° J m c c E E E m � 2iQQ c U w �+ •« cN k a mroro v � N � p aoo ❑ °puro a � y -w L0 �.� - C� inu°i tllo I x e `L �4 grant, bequest, donation, or other gift, In determining the total grant., bequest, donation, or gift amount for application of this section, the cost of any matching funds and the cost of fulfilling all conditions placed on the City's acceptance of the grant, bequest, donation, or gift must be included in the calculation. In order for the, director to have the authority granted by this section, any matching funds required to obtain the grant, bequest, donation, or gift must be available within the director's existing budget, Upon the City's receipt of the grant, bequest, donation, or gift funds in the total amount of twenty-five thousand dollars ($25,000) or less, the Finance Director is authorized to amend the department director's budget and authorize expenditure of the funds. The Finance Director may then include these funds in the budget adjustment ordinance, Sec. 3a70.2�p: Mayor approval, The Mayor has signatory authority and may approve the following; ` A. Contracts - $20.000 or more, All purchases or work valued at an amount in excess of twenty thousand dollars ($20,000) must -be memorialized in a written contract and signed by the Mayor, Any contract valued at an amount of sixty-five thousand dollars ($65,000) or less may be signed by the Mayor without City Council approval if funds are available within the existing budget to pay the associated contract costs, B. C ante orders or contract amendments, The Mayor is authorized to approve and sign; (1) individual change orders or contract amendments that do not exceed the original contract amount by more than sixty-five thousand dollars ($65,000), or (2) cumulatively are within twenty percent (20%) or one hundred thirty thousand dollars ($130,000) of the original contract amount, whichever amount is greater, if sufficient funds remain within the existing budget. I 28 Contracting& procurement process-,amend Chapters Z70 and 6.0.I of the Kent City Code �gp� TIERR-4 OP ID: TA CERTIFICATE ®F LIABILITY INSURANCE D 0 710 1/201 6Y -� D7ro1/2o1s 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 OW. 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 endorsement(s). PRODUCER CONTACT Teresa Alvarado Stuckey N. 16th Street Suite 110s ac°Nn t:602-264-5533 W 5343 E,N 602-279-9336 E Phoenix,AZ 85016 ADDRESS:teresa.alVaradO@stuckeyinsurance.com Scott Schmidt -- " DING INSURER(S)AFFORDING COVERAGE NAIC R INSURER A:Travelers Indemnity Co of CT 125682 INSURED Tierra Right of Way INSURER B:Travelers Prop Cas of America I25674 Services LTD INsuRERD:XLSpecialtylns ty p37885 Tucson, E. River Rd. -583 Tucson, AZ85718.5831 INSURERC:Tr_avelers Indemnity Company 25658 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 I TYPE OF INSURANCE law SUB TR POLICY NUMBER MMIDDYYYY I(MMIDDIYYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY / EACH OCCURRENCE $ 1,000,00 CLAIMS MADE OCCUR X 68048321-470 4/ 07110/2016 07/10/2017 DAMAGE TO RENTED _ PREMISES Ea occurrence $ 300,000 X Contractual Liab NO DEDUCTIBLE MEO ExP(Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY n JECOT F_]LOC PRODUCTS-COMP/OP AGO S 2,000,000 OTHER: $ JTOMOBILE LIABILITY COMBINED SINGLE LIMrr S 1,000,0D _ jEa acciAenl)_ B r ANY AUTO X BA63991-303 07/10/2016 07/1012017 BODILY INJURY(Par person) $ ALL OWNED I SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON OWNEDPROPERTY DAMAGE $ HIRED AUTOS AUTOS Pereccldent __ Deductible $ 1,00 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,00 C, EXCESS LIAB CLAIMS-MADE CUP7180YO34 07/10/2016 07/10/2017 AGGREGATE $ 5,000,00 DEO X RETENTION$ 10000 $ WORKERS COMPENSATION �( AND EMPLOYERS'LIABILITY STATUTE YIN Y A ANY PROPRIETORIPARTNERIEXECUTRE j] NIA US9213Y784 07/10/2016 07/10/2017 E.L.EACH ACCIDENT $ 1,000,00 LUDED? FN .OFFICERIMEMBER EXC ((Mandatory In NH) E.L.DISEASE FA EMPLOYEE $ 11000,00 If yes,describeunder - DESCRIPTIONOFOPERATIONSbelow I I IEL.DISEASE-POLICY LIMIT $ 1,000,000 D Professional Liab DPR9806966 07/10/2016 07/10/2017 Per Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional RemeYrcs 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 (CGD3810907)and auto liability (CAT4370808) on a primary and non contributory basis. CERTIFICATE HOLDER CANCELLATION CZKEN-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EXPIRATIONTHE City of Kent ACCORDANCEWIT NOTICE WILL BE DELIVERED IN HTTHEPOLICYPROVISIONS 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE � ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD i 6804832L470 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURE® (ARCHITECTS, ENGINEERS AND SURVEYORS) I This endorsement modifles Insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART i A. The following Is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): _Part. Any person or organization 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 elude as an additional Insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to Ilabllity for "bodily In- However, If you spedneally agree in a "contract or jury", "property damage" or "personal Injury" agreement requiring 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 available to such additional insured which covers such addl- dons; 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 c. In connection with "your work" and Included (I)The"bodily injury" or"property damage"for within the "products-completed operations which coverage Is sought occurs; and _ hazard", (2)The "personal Injury"for which coverage Is m such person or organization does not qualify as sought arises out of an offense committed; an additional Insured For "bodily Injury", "property after you have entered into that "contract or m^ damage" or "personal Injury" for which that per- agreement requiring Insurance", But this insu- son or organlzatlon has assumed Ilabllity In a con- ante still Is excess over valid and collectible other tract or agreement. Insurance, whether primary, excess, contingent or o on any other basis, that Is available to the Insured o The Insurance provided to such additional Insured when the Insured is an additional Insured under a 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 far which cover- Of Rights Of Recovery Against Others To Us age as an additional insured specifically Is n COMMERCIAL GENERAL LIABILITY CON- added by another endorsement to this Cover- DITIONS (Section IV): age Part, a e, This insurance does not apply to the render- We waive any rights of recovery we may have r Ing of or failure to render any."professional against any person or organization because of services". payments we make for "bodily Injury", "prope ty f, The limits of Insurance afforded to the add[- damage" or "pe sonal Injury" arising out of "your tional Insured shall be the limits which you work" performed by you, or on your behalf, under a "contract or agreement requiring Insurance" with I agreed In that "contract or agreement requlry that person or organization, We waive these Ing insurance to provide for that additional rights only where ou.have agreed to do so as �3 Insured, or, the limits shown In the Deciara- art of the "contract or agreement requiring Insur L ions for this Coverage Part, whichever are ante""wlth" such person or organization entered less, This endorsement does not Increase the limits of Insurance stated in the LIMITS OF Into by you before,and In effect when,the"bodily i i CG D3 8109 07 ©2007 The Travelers companies, Inc. Page 1 of 2 Includes the copyrighted materlal of Insurance Services Office,Inc„with Its permission I I COMMERCIAL GENERAL LIABILITY I I I 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.The following deflnlhon Is added to DEFINITIONS jury" Is caused by an offense committed; (Section V): a, After you have entered Into that contract:or j "Contract or agreement requiring Insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement Is der which you"are 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 Ili I I I I i I i I i 2007 The Travelers Companies,Inc. CG D3 8109 07 „ I i CA T4 37 08 08 BA63991-303 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED I This endorsement modifies insurance provided under 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 modified by the endorsement. The following is added to the Section If—Liability Coverage, Paragraph AA,Who Is An 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 slid executed by you before the"bodily Injury” or"property damage"occurs and that Is In effect during the policy period is an"Insured" for Llabllity Coverage, but only for damages to which this insurance applies and only to the extent that person or organizalion qualifies as an "insured" under the Who Is An Insured provision contained In Section IL i i I I i I i i i i CA T4 37 08 08 I I PrIVBCV I Legal Notices o 2008 The Travolers Companies,Inc. I I i i- i i j I� i II i I i i I I i �