HomeMy WebLinkAboutPW18-350 - Amendment - #4 - Tierra Right of Way Services, Ltd. - Milwaukee II and Signature Pointe Levees - 03/09/2020 Agreement Routing Form
• For Approvals,Signatures and Records Management
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
WASHINGTON (Print on pink or cherry colored paper)
Originator: Department:
Nancy Yoshitake for Dee Martindale Public Works
Date Sent: Date Required:
> 3/9/20 3/11/20
0
a Authorized to Sign: Date of Council Approval:
Q0 Director or Designee ❑ Mayor N/A
Budget Account Number: Grant? []Yes 0 No
D20085
Budget? El Yes ❑ No Type:
Vendor Name: Category:
Tierra Right of Way Services, Ltd. Contract
Vendor Number: Sub-Category:
= 519244 Amendment
0
Project Name: Signature Pointe Levee
E
0
= Project Details:Revise the Consultant Fee Determination.
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E Agreement Amount: $0 Basis for Selection of Contractor:
Start Date: 3/9/20 Termination Date: 1/3/23
Q
Local Business? ❑Yes O No*
*If meets requirements per KCC3.10.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspoce.
Notice required prior to disclosure? Contract NumberY,
❑Yes 0 No I C-^
Date Received by City Attorney: Comments:
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p� Date Routed to the Mayor's Office:
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Date Routed to the City Clerk's Office:
dcaW,2373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
•
KENT
AMENDMENT NO. 4
NAME OF CONSULTANT OR VENDOR: Tierra Right of Way Services, Ltd.
CONTRACT NAME & PROJECT NUMBER: Milwaukee II Levee and Signature Pointe 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. 4 revises the Consultant Fee Determination,
which is attached as Exhibit A and incorporated by this
reference. No change to the total maximum amount.
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
including applicable WSST
Net Change by Previous Amendments $115,356
including applicable WSST
Current Contract Amount $155,167
including all previous amendments
Current Amendment Sum $0
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $155,167
AMENDMENT - 1 OF 2
Original Time for Completion 12/31/19
(insert date)
Revised Time for Completion under 12/31/22
prior Amendments
(insert date)
Add'I Days Required (t) for this 3 calendar days
Amendment
Revised Time for Completion 1/3/23
(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:
B
_y:
(signature) signature)
Print Name: Mark Dickerson Print Name: Michael Mactutis, P.E.
Its Vice President Its Environmental Engineering Manager
(title) J (title)
DATE: 3/9/2020 DATE: 3/I
ATTEST: APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Kent City Clerk Kent Law Department
Tierra Right of Way-Milwaukee If(Signature Pointe)Amd 4/Martindale
AMENDMENT - 2 OF 2
EXHIBIT A
CONSULTANT FEE DETERMINATION - SUMMARY OF PROJECT COSTS
Tierra Right of Way Services, Ltd.
City of Kent, Signature Point, Valley Apartment
Direct
Labor Classification Hours Salary OH Fixed Fee Total Total Amount
One Acquisition, Seven Displacees, updated Relo Plan
124.47%a 30.00% Billing Rate
Division Manager 5 $ 80.10 $ 74,81 $ 18.03 $ 152.94 $ 764.68
ROW Division Manager 150.00 $ 52.88 $ 65.82 $ 15.86 $ 134.56 $ 20,184,56
Project Manager 90.00 $ 39.85 $ 49.60 $ 11.96 $ 101.41 $ 9,126.57
Senior Right of Way Agent 50.00 $ 38.50 $ 47.92 $ 11.55 $ 9797 $ 4,898.55
Right of Way Agent 350.00 $ 30.00 $ 37.34 $ 9.00 $ 76.34 $ 26,719.35
Administrative Assistant 28.00 $ 23.00 $ 28.63 $ 6.90 $ 58.53 $ 1.638.79
Editor 4.00 $ 31.00 $ 38.59 $ 9.30 $ 78.89 $ 315.54
Right of Way Technician 350.00 $ 2500 $ 31.12 $ 7.50 $ 6362 $ 22,266.13
1027 $ 85,914.16
Direct Reimbursables
Travel (Mileage): 4,000 Miles $ 0.585 $ 2,340.00
Travel (Lodging:) 450 Night $ - $ 450.00
Travel (Meals:) 150 Daily $ - $ 150.00
Postage 200 Total $ 200.00
File Folders 100 Each trip $ - $ 100.00
Reproduction-8.5"x 11" - Pages $ - $ -
Reproduction-11"x 17" Total $ - $
Reproduction -24"x 36" - Sheets $ - $
Direct Reimbursables Subtotal: $ 3,240.00
Total Maximum Amount Payable $ 89,154.16
Task Order Total Maximum - Rounded $ so,owoo
2/20/2020
AC401ZV CERTIFICATE 4F LIABILITY INSURANCE DATE(MM7DONYW)
9/16/2019
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(iss)must be endorsed. if SUBROGATION IS WANED,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 NAME: Robin Strauss
RSC Insurance Brokerage, Inc. PHONE FAX
(212)669-5400 AtC No: (212)6s9-5417
920 Lexington AvenueE-MAILE AADSS: rstrauss@risk-strategies.com
INSURER(S) AFFORDING COVERAGE NAIC
New York NY 10170 INSURER A:Hanover Insurance Group 22292
INSURED
INSURERB:Allmerica Financial Benefit Ins 41840
Tierra Right of Way Services, Ltd. INSURER C:Evanston Insurance Co 35378
1575 E. River Road
INSURER D
Suite 201
INSURER E:
Tucson AZ 85718 INSURER F:
COVERAGES CERTIFICATE NUMBER:CL1991631205 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 NOTWITHSTANOING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES UESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LPOLICY EFF
lTR I TYPE OF INSURANCE POLICY NUMBER MMID(YYYYY MM+DD/riYY LMMTS
X COMMERCIAL GENERAL LIAarUTY I EACH OCCURRENCE 5 1,000,000
A CLAIMS-MADE FxI OCCUR IIAK AA_PR 1,000,000
EMISES(Ea occurrences $
X ZRN921985009 7/31/2019 7/25/2020 MED EXP(A,,r a wont S 10,000
PERSONAL 8 ADV INJURY 5 1,000,000
GENLAGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE S 2,000,000
X POLiCY ID PRO-
JECT LOC
PRODUCTS-COMP,Y3P AGG 5 2,000,000
OTHER
S
AUTOMOBILE LIABILITY CCrM BIN ED SINGLE LIM1.
Ea acxicenV $ 1,000,07
A X ANYAUTO BODILY INJURY(Pw person) S
ALL OWNED SCHEDULED
AUTOS
AUTOS AUTOS AltND94379500 7/31/2019 6/14/2020 BODILY INJURY iPw acCK$ert) S
HIREDAUTOS NON-OWNED PROPERTY DAMAGE
AUTOS (Per a odent 5
S
X UMBRELLA LIAB X OCCUR
EACH OCCURRENCE S 5,000,000
A EXCESS LIA9 CLAIMS-MADE
AGGREGATE
DED RETENTIONS UKH912179809 7/31/2019 7/25/2020 $
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY PER OTH_
Y!N X STATUTE R
ANY PROPRIETOR/PARTNERIEXECUTIVE -'—'
OFFICERIMEMBER EXCLUDEC? N I A E L.EACH ACCIDENT S 1,000,000
B (Mandatory in NH) WNM17359503 7/31/2019 7/25/2020
11ye9,describeurWar E.i.DISEASE EAEMPLOYEE $ 1,000,000
DESCRIPTION OF OPERATIONS bek0w
E.L DISEASE-POLICY LIMIT 5 1,000,000
C Professional-Claims Made-Retro i NKLV'7PL000379I 7/31/2019 7/25/2020 Each Ow.."rAI;9,"Ie
3,000,000
Date-5f11/1996, 7/31/19 for $iN ></o $2m
DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLES(ACORD 701,Additional Remarks Sclwd k,may be aNsched ifmore apace is mqulred)
City of Bent is included as additional insured under the General Liability coverage as required by
written contract, per policy terns, Conditions and exclusions,
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
400 West Gore ACCORDANCE WITH THE POLICY PROVISIONS.
Kent, WA 98032
AUTHORIZED REPRESENTATIVE
M_::t:ae_ CF.r:�tian,'L,:c i-.•,>.�s <':s!«�_. '..,
ACORD 25 2014/01 (D1988-2014 ACORD CORPORATION. All rights reserved.
tN3025(zolaor)
( ) The ACORD name and logo are registered marks of ACORD
ZHN 92198 50 09
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY,
COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUMMARY OF COVERAGES
I Additional Insured by Contract,Agreement or Permit Included
1hi&-findorrPM,-nt arnonrle covac-986 PgOvidej undai: the Gemmelcaial Geigefal Liability GeyeFege PeFt thfoug
rew coverages,higher limits and broader coverage grants.
11,—Additlunal !ns act-by-Cnir r,-Ag-fd-e7ffi`ent-o—r Your work-fo-C Tie j-ddTio-i-al insureds
Pt rm It designated in the contract grPAMI-Clt n
The following is added to SECTION 11 - WHO IS permit;
LAri iri,)VKLL): (2) Premises you own, rent, lea a or occupy
'Additienal Insured by Gomtract, Agl--nt o, .nE
Permit (3) Your maintenance, operation or use of
a. Any person or organization with whorn you equipment leased to you.
agreed in a written contract,written agreement b. The insurance afforded to such additional
or permit that such person or organization to insured described above:
add an additional insured on your policy is an (1) Only applies to the extent permitted by
additional insured only with respect to liability law; and
for 'bodily injury', "properly damage", or
"personal and advertising injury" caused, in (2) Will not be broader than the insurance
whole or in part, by your acts or omissions, or which you are required by the contract,
the acts or omissions of those acting on your agreement or permit to provide for such
behalf, but only with respect to: additional insured.
421-2915 06 15 Includes copyrighted ma!enal of Insurance Services Office.Inc..with its permission
11IN 92198 50 09
"
(3) Applies on a primary basis if that is advertising injury" involved the rendering
required by the written contract, written of or failure to render any professional
agreement or permit. services by or for you.
(4) Will not be broader than coverage d. With respect to the insurance afforded to
provided to any other insured. these additional insureds, the following is
(5) Does not apply if the "bodily injury", added to SECTION III — LIMITS OF
"property damage' or "personal and INSURANCE:
advertising injury" is otherwise excluded The most we will pay on behalf of the
from coverage under this Coverage Part, additional insured for a covered claim is the
including any endorsements thereto. lesser of the amount of insurance:
c. This provision does not apply' 1. Required by the contract, agreement or
(1) Unless the written contract or written permit described in Paragraph a.;or
agreement was executed or permit was 2. Available under the applicable Limits of
issued prier to the"bodily injury", "property insurance shown in the Declarations.
damage", or "personal injury and This endorsement shall not increase the
advertising injury". applicable Limits of Insurance shown in the
(2) To any person or organization included as Declarations.
an insured by another endorsement
issued by us and made part of this
Coverage Part.
(3) To any lessor of equipment:
(a) After the equipment lease expires;or
(b) If the "bodily Irjury", "property
damage", "personal and advertising
injury"arises out of sole negligence of
the lessor
(4) To any:
(a) Owners or other interests from. whom
land has been leased which takes
place after the lease for the land ex-
pires;or
(b) Managers or lessors of premises if:
(i) The occurrence takes place after
you cease to be a tenant in that
premises;or
(li) The "bodily injury", "property
damage", "personal injury" or
"advertising injury" arises out of
structural alterations, new con-
struction or demolition operations
performed by or on behalf of the
manager or lessor.
(5) To "bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or monitoring
of others by that insured, if the
"occurrence" which caused the "bodily
injury"or"property damage"or the offense
which caused the "personal and
421-2915 06 15 Includes copyrighted matenal of Insurance Services omfice.Inc..Mh its pennissior
1
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A-,TN;T-,94 379500
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
A. The following is added to SECTION II - Primary and Non-Contributory
LIABILITY COVERAGE, Paragraph A.I. Who Is
An Insured: If you agree in a written contract, written
agreement or written permit that the insurance
Additional Insured if Required by Contract provided to a person or organization who
If you agree in a written contract, written qualifies as an additional "insured" under
agreement or written permit that a person or SECTION II - LIABILITY COVERAGE, Paragraph �
organization be added as an additional A.1. Who Is An Insured, subparagraph
"insured" under this Coverage Part, such Additional Insured if Required by Contract is
Person or organization is an "insured"; but only primary and non-contributory, the following
to the extent that such persor or organization applies
qualifies as an "insured" under paragraph AA,c. The liability coverage provided by this Coverage
of this Section. Part is primary to any other insurance available
If you agree in a written contract, written to the additional "insured" as a Named Insured
agreement or written permit that a person or We will not seek contribution from any other
organization be added as an additional insurance available to the additional "insured"
"insured" under this Coverage Part, the most except:
we will pay on behalf of such additional (1) For the sole negligence of the additional
"insured"is the lesser of: "insured"; or
(1) The Limits of Insurance for liability coverage (2) For negligence arising out of the ownership,
specified in the written contract, written maintenance or use of any "auto" not owned
agreement or written permit; or by the additional "insured" or by you, unless
(2) The Limits of Insurance for Liability that "auto" is a "trailer" connected to an
Coverage shown in the Declarations "auto" owned by the additional ";nsured" or
applicable to this Coverage Part. by you; or
Such amount shall be part of and rot in addition (3) When the additional "insured' is also an
to the Limits of Insurance shown in the additional "insured" under another liability
Declarations applicable to this Coverage Part. policy.
Regardless of the number of covered autos", C. This endorsement will apply only if the
"insureds", premiums paid, claims made or "accident"occurs.
vehicles involved in the "accident", the most we
will pay for the total of all damages and 1• During the policy period;
"covered pollution cost or expense" combined 2. Subsequent to the execution of the written
resulting from any one "accident" is the Limit of contract or written agreement or the
Insurance for Liability Coverage shown in the Issuanee of the written permit: and
Declarations. 3. Prior to the expiration of the period of time
B, The following is added to SECTION IV - that the written contract, written agreement
BUSINESS AUTO CONDITIONS, Paragraph B. or written permit requires such insurance to
General Conditions, subparagraph S. Other be provided to the additional "insured".
Insurance: D. Coverage provided to an additional "insured"
will rot be broader than coverage provided to
any other"insured" under this Coverage Part,
ALL OTHER TERMS, CONDITIONS,AND EXCLUSIONS REMAIN UNCHANGED.
461-047812 12 Includes copyighted material of ISO insurance Services Office,Inc,with its permission Page 1 of 1