HomeMy WebLinkAboutPW18-350 - Amendment - #1 - Tierra Right of Way Services, Ltd. - Milwaukee II and Signature Pointe Levees - 10/16/2018 f �A
KENTRecords Management Document
I
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be cornpleted.
If you have questions, please orctac't Mhe City Clerk's Office at 2 31-856-SJ25.
❑ Blue/Motion Sheet Attached
® Pink Sheet Attached
Vendor Name: Tierra Right of Way Services, Ltd.
Vendor Number (JDE):
Contract Number (City Clerk):
Category: Contract Aqreement
Sub-Category (if applicable): Amendment
Project Name: Milwaukee II Levee
Contract Execution Date: Date of the Mayor's signature Termination Date: 12/31/19
Contract Manager: Dee Martindale Department: PW; Engineering
Contract Amount: $-629.00 ($39,182 revised total)
Approval Authority: ❑ Director ® Mayor ❑ City Council
Other Details: Correct the Consultant Fee Determination for Tierra Riaht of Way
Services
KENT
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: Tierra Right of Way Sgrvices, Ltd,
CONTRACT NAME & PROJECT NUMBER: Milwaukee II Levee
ORIGINAL AGREEMENT DATE: September 7. 2018
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:
Amendment No. 1 revises the Consultant Fee Determination,
which is attached 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, $39,811 00
including applicable WSST
-----
Net Change by Previous Amendments $0
including applicable WSST
__ ------- ------ ...._ .- _ ..... ------ ..-........ ____-..------_-.
Current Contract Amount $39,811.00
including all previous amendments
Cu- —rrent Am_A ...... d $
ment Su
_-.—.. ... ... ------
enm -629.00
Applicable WSST Tax on this $o
Amendment
Revised Contract Sum $39,182.00
AMENDMENT - 1 OF 2
Original Time for Completion 12/31/19
_.......
(insert date)
.......__......-.— _. _ — ----__.. .........
Revised Time for Completion under nln
prior Amendments
(insert date)
Add'I Days Required (t) for this 0 calendar days
Amendment
Revised Time for Completion 12/31/19
(insert date)
The Consultant or Vendor accepts ail requirements of this Amendment by signing below,
by its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
....... - .. - .... _ _._..._ —...._....... .._ ......., .
CONSULTANT/VENDOR: CITY OF KENT:
-57
t 1� ture) ...�
Print N me: l(� <'S.S x— Print Nam DUana(si9na Ralp
IM.ti pd— r t Its _ Mayor
DATE ,
title) (title)
__-�"-$'—....—
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
NtLa Department
ile R1,11o11ay-MII`iTukce ll PniJ I/MartinJale
AMENDMENT - 2 OF 2
CONSULTANT FEE DETERMINATION - SUMMARY OF PROJECT COSTS
Tierra Right of Way Services, Ltd.
City of Kent, Milwaukee II Levee Project - Acquisition & Relocation
Direct Labor Total Total Labor Summarized
Labor Classification Employee Rate Hours Cost Costs
Right of Way Division Director Mack Dickerson $ 57.69 500 $ 288,45
Right of Way Project Manager Leslie Beaird $ 52.88 50,00 $ 2,644,00
Melinda Burkhart
Senior Right of Way Agent -Acquisition or Marge Bailey $ 37.00 80.00 $ 2,960,00
Senior Right of Way Agent - Relocation Ingrid Williams $ 34.00 200.00 $ 6,800,00
Right of Way Technician Derek Frazier $ 25.00 40,00 $ 1,000.00
Administrative Unknown $ 20.00 2000. $ 400.00
Editor John Murray $ 31.00 3.00 $ 93.00
Company Total Hours/Direct Labor Cost: 398.00 $ 14,185.45
Labor Overhead Multiplier: 135,83% $ 19,268,10
Fixed Fee Multiplier: 30% $ 4,255.64
Total Labor Cost Subtotal: $37,709A 8
Direct Reimbursables
Travel (Mileage): 2,660 Miles $ 0,54 $ 1„423.10
Travel (Lodging:) - Night $225.00 $
Travel (Meals:) Daily $ 51,00 $
Travel (Ferry fare) Per trip $29,20 $
File Folders 4 Each $ 5.00 $ 20.00
Postage 4 Each $ 7,50 $ 30.00
Reproduction - 8.5" x 11" Pages $ 0.10 $ -
Reproduction - 11" x 17" Pages $ 0,20 $
Reproduction -24" x 36" Sheets $ 0.90 $
Direct Reimbursables Subtotal: $ 1,473.10
Subcontracted Services
Appraiser Fee Est. $ - $
Review Appraiser Fee Est. $ - $
Subcontracted Printing Fees Est. $ _ $
Subcontracted Work Subtotal: $
Total Maximum Amount Payable $39,182.28
Task Order Total Maximum - Rounded $ 39,182
Property owners do not occupay
Tenant Businesses: Towing Yard & Pallet manufacturing plant
8 meetings w/City= 720
3 meetings with each property owner= 540
10 relo meetings = 900
other mileages - viewing comps, etc. = 500
TIERR-4
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THIS CERTIFICATE 15 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 POLICIER BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZE
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les)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 rl his to the certificate holder In lieu of such andoraamsnt s.
PRODUCER 602-264-5533 C TJACT Teresa Alvarado
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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,
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The City of Kent Is an additional Insured With respsct to general liability
on a Prdmary and non-contributory basis-
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CZKEN-2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Kent THE EXPIRATION, DATE THEREOF, NOTICE WILL BE DELIVERED IN
220 Fourth Ave South ACCORDANCE WITH THE POLICY PROVISIONS,
Kent, WA 98032
AUTHORIZED REPRESENTATIVE
ACORD 25 ��(2016/03) 01988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 650-2J978332-1E-47
OFFICE PAC ISSUE DATE: 07/10/2018
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
CO2404 (10-93) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY„
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person or organization that you have agreed in a written contract or
agreement to waive your right of recovery against, but only for payments
we make because of:
1 ."Bodily injury" or "property damage" that occurs; or
2."Personal injury" or "advertising injury" caused by an offense
committed, after you have executed that contract or agreement.
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarationsas applicable to this
endorsement.)
The TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US Condition (Section
IV-COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of
the following:
We waive any right of recovery we may have againstthe person or
organization shown in the Scheduleabove because of payments we make for
injury ordamage arising out of your ongoing operations or"your work" done
under a contract with that personor organization and included in the
"products-completed operations hazards." This waiver appliesonly to the
person or organization shown in theSchedule above.
CG 24 04 10 93
CG Ts 03 07 18 Page 1 of 2
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GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: e80-2J978332-18-47
OFFICE PAC ISSUE DATE: 07/10/2018
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG2404 (10-93) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
This endorsement modifes insurance provided under the following:
Copyright, Insurance Services Office, Inc., 1992
Page 1 of 1
CG TS 03 07 18 Page 2 of 2
GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 880-2J978332-18-47
OFFICE PAC ISSUE DATE: 07/10/2018
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CGD425 (07-08) OTHER INSURANCE ADDITIONAL INSUREDS PRIMARY AND NONCONTRIBUTORY
WITH RESPECT TO CERTAIN OTHER INSURANCE
This endorsement modifies insurance provided under the following:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE -ADDITIONAL INSUREDS -PRIMARY AND NON-CONTRIBUTORY WITH
RESPECT TOCERTAIN OTHER INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to Paragraph 4. a., Primarylnsurance, of SECTION
IV- COMMERCIAL GENERAL LIABILITY CONDITIONS:
However, if you specifically agree in a written contractor agreement that
the insurance afforded to anadditional insured under this Coverage Part
must apply ona primary basks, or a primary and non-contributorybasis,
this insurance is primary to other insurance thatis available to such
additional insured which coverssuch additional insured as a named
insured, and wewill not share with that other insurance, provided that:
(1) The "bodily injury" or "property damage" for whichcoverage is
sought is caused by an 'occurrence"that takes place; and
(2) The "personal injury" or "advertising injury" forwhich coverage is
sought arises out of an offensethat is committed;subsequent to the
signing and execution of that contract or agreement by you.
CG D4 25 07 08
2008 The Travelers Companies, Inc.
Page 1 of 1
CG T8 04 07 18
Page 1 of 1
GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-2,7978332-18-47
OFFICE PAC ISSUE DATE: 07/10/2018
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CGD361 (03-05) ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
SCHEDULED PERSON OR ORGANIZATION
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGAN IZATION(S):
Any person or organization that you agree in a written contract to
include as an additional insured on this Coverage Part, provided that
such written contract was signed and executed by you before,and is in
effect when, the "bodily injury" or "property damage" occurs or the
"personal injury" or "advertising injury" offense is committed.
LOCATION OF COVERED OPERATIONS:
Any project to which a written contract with the Additional Insured
Person(s)or Organization(s) in the Schedule applies
(INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IFNOT SHOWN ABOVE, WILL
BE SHOWN IN THE DECLARATIONS.)
A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL
INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY
WITH RESPECT TO LIABILITY FOR "BODILY INJURY", 'PROPERTY DAMAGE",PERSONAL
INJURY OR "ADVERTISING INJURY' CAUSED, IN WHOLE OR IN PART, BY:
1. YOUR ACTS OR OMISSIONS; OR
2, THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF;IN THE
PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONALINSURED(S) AT
THE LOCATION(S) DESIGNATED ABOVE.
B WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED,
THEFOLLOWING ADDITIONAL EXCLUSIONS APPLY;
This insurance does not apply to bodily injury or property damage"
occurring, or personal injury or advertising injury arising out of an
CC T8 02 07 18 Page 1 of 2
GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-2s978332-18-47
OFFICE PAC ISSUE DATE: 07/10/2018
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CGD361 (03-05) ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
offense committed, after:
1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN
CONNECTION WITH SUCH WORK, ON THE PROJECT(OTHER THAN SERVICE,
MAINTENANCEOR REPAIRS)TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL
INSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED;
OR
2. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES
HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN
ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR
APRINCIPAL AS A PART OF THE SAME PROJECT.
CGD361 0305
Copyright 2005 The St. Paul Travelers Companies, Inc. All rights
reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its
permission.
Page 1 of 1
CG T8 02 07 18
Page 2 of 2
x
GENERAL PURPOSE ENDORSEMENT POLICY NUMBER 680-2J97e332-18-47
OFFICE PAC ISSUE DATE: 07/10/2018
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED
OPERATIONS
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S):
Any person or organization that you agree in a written contract
to include as an additional insured on this Coverage Part for
"bodily injury" or "property damage" included in the
products-completed operations hazard, provided that such
contract was signed and executed by you before, and is in effect
when, the "bodily injury or "property damage" occurs.
LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: Any project to
which a written contract with the Additional Insured Person(s)
or Organization(s) in the Schedule applies.
(INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN
ABOVE, WILL BE SHOWN IN THE DECLARATIONS-)
A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL
INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY
WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE"
CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK" AT THE LOCATION DESIGNATED
AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR
THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED
OPERATIONS HAZARD".
CG 20 37 07 04
Cc T8 01 07 18 Page 1 of 2
GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 650-2J978332-1e-47
OFFICE PAC ISSUE DATE: 07/10/2018
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
Copyright ISO Properties, Inc. 2004
Page 1 of 1
CG TS 01 07 1S
Page 2 of 2
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