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HomeMy WebLinkAboutPW18-350 - Amendment - #5 - Tierra Right of Way Services, Ltd. - Milwaukee II and Signature Pointe Levees - 02/03/2022Nancy Y. for Cheryl Rolcik-Wilcox Public Works 02/03/2022 02/10/2022 N/A D20085 N/A Tierra Right of Way Services, Ltd. Contract Amendment Milwaukee II Levee Complete the Skyway Towing relocation file. $13,533.02 Other I incorrectly had Chad sign this amendment on December 8, 2021. Due to the threshold, in KCC 3.70.220, Chad was not authorized to sign amendment 5 and I am re-routing for signature. 2/3/22 #5 PW18-350 2/3/22 AMENDMENT - 1 OF 2 AMENDMENT NO. 5 NAME OF CONSULTANT OR VENDOR: Tierra Right of Way Services, 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: Complete Skyway Towing Relocation file. For a description, see the Consultant'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, including applicable WSST $ Net Change by Previous Amendments including applicable WSST $ Current Contract Amount including all previous amendments $ Current Amendment Sum $ Applicable WSST Tax on this Amendment $ Revised Contract Sum $ AMENDMENT - 2 OF 2 Original Time for Completion (insert date) Revised Time for Completion under prior Amendments (insert date) Add’l Days Required (±) for this Amendment calendar days Revised Time for Completion (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: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor (title) DATE: ATTEST: ___________________________ Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department Tierra Right of Way - Milwaukee II Amd 5/Martindale - REVISED Mack Dickerson Vice President 12/08/21 EXHIBIT A CONSULTANT FEE DETERMINATION -SUMMARY OF PROJECT COSTS Tierra Right of Way Services, Ltd. City of Kent, Milwaukee Direct Labor Classification Hours Salary OH Fixed Fee Total Total Amount Complete Skyway Towing File Direct Rate Billing Rate 136.91 % 30.00% Division Manager 1 $ 69.72 $ 95.45 $ 20.92 $ 186.09 $ 186.09 ROW Division Manager 10.00 $ 59.23 $ 81.09 $ 17.77 $ 158.09 $ 1,580.91 Project Manager 20.00 $ 52.88 $ 72.40 $ 15.86 $ 141.14 $ 2,822.84 Senior Right of Way Agent 0.00 $ 39.50 $ 54.08 $ 11.85 $ 105.43 $ - Senior Right of Way Agent 60.00 $ 45.67 $ 62.53 $ 13.70 $ 121.90 $ 7,313.87 Right of Way Agent 0.00 $ 34.00 $ 46.55 $ 10.20 $ 90.75 $ - Adm. Project Coordinator 20.00 $ 27.00 $ 36.97 $ 8.10 $ 72.07 $ 1,441.31 ill $ 13,345.02 Direct Reimbursables Travel (Mileage): 300 Miles $ 0.560 $ 168.00 Postage 2 Total $ 10.00 $ 20.00 Direct Reimbursables Subtotal: $ 188.00 Total Maximum Amount Payable $ 13,533.02 Task Order Total Maximum - Rounded $ 13.533.02 2 A� " CERTIFICATE OF LIABILITY INSURANCE 021 °„23/2I 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 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: Robin Strauss A/CO No Ext: (212) 669-5400 A/C NO: (212)669-5417 RSC Insurance Brokerage, Inc. E-MAIL ADDRESS: rstrauss@risk-strategies.com 750 Third Avenue Suite 1500 INSURERS AFFORDING COVERAGE NAIC # INSURERA:Hanover Insurance Company 22292 New York NY 10017 INSURED INSURER B: Allmerica Financial Benefit Ins 41840 INSURER C: Evanston Insurance Co 35378 Tierra Right of Way Services, Ltd. INSURER D: 1575 E. River Road INSURER E : Suite 201 INSURERF: Tucson AZ 85718 COVERAGES CERTIFICATE NUMBER:CL2172324341 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 LTR OF INSURANCE ADDLTYPE INSD WVDSUBI POLICY NUMBER POLICY EFF MM DD/YYYY POLICY EXP MM DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE Ex_1 OCCUR DA AGE To PREMISES (E. o currrrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 X ZHN 9219850 11 7/25/2021 7/25/2022 PERSONAL & ADV INJURY $ 1,000,000 GEMLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO LOC X JECT PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COEaMBINED accidentSINGLE LIMIT $ 1,000,000 X BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X AHND94379503 7/25/2021 7/25/2022 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIREDAUTOS AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ UHN 9121798 11 7/25/2021 7/25/2022 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X I PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A wMN D173585 05 7/25/2021 7/25/2022 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 000 , 000 C Professional -Claims Made-Retro MKLV7PL0004860 7/25/2021 7/25/2022 Each Occurrence/Aggregate 3,000,000 Date-5/11/1998 - 7/31/2019 for $1M x/0 $2M DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Kent is included as additional insured under the General Liability and Automobile Liability coverage as required by written contract, per policy terms, 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 Gowe Street ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Michael Christian/LZF ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 2 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 1.Additional Insured by Contract, Agreement or Permit Included This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II WHO IS AN INSURED: Additional Insured by Contract, Agreement or Permit a.Any person or organization with whom you agreed in a written contract, written agreement or permit that such person or organization to add an additional insured on your policy is an additional insured only with respect to liability for bodily injury , property damag or personal and advertising injury caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, but only with respect to: (1)"Your work" for the additional insured(s) designated in the contract, agreement or permit; (2)Premises you own, rent, lease or occupy; or (3)Your maintenance, operation or use of equipment leased to you. b.The insurance afforded to such additional insured described above: (1)Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 (3) Applies on a primary basis if that is required by the written contract, written agreement or permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the bodily injury , property damag or personal and advertising injury is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury , property damage", or "personal injury and advertising injury". (2) To any person or organization included as 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 injury , property damag 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 (ii) 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 damag 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 occurrenc which caused the bodily injury property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART A.The following is added to SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured: Additional Insured if Required by Contract If you agree in a written contract, written agreement or written permit that a person or organization be added as an additional "insured" under this Coverage Part, such person or organization is an "insured"; but only to the extent that such person or organization qualifies as an "insured" under paragraph A.1.c. of this Section. If you agree in a written contract, written agreement or written permit that a person or organization be added as an additional "insured" under this Coverage Part, the most we will pay on behalf of such additional "insured" is the lesser of: (1)The Limits of Insurance for liability coverage specified in the written contract, written agreement or written permit; or (2)The Limits of Insurance for Liability Coverage shown in the Declarations applicable to this Coverage Part. Such amount shall be part of and not in addition to the Limits of Insurance shown in the Declarations applicable to this Coverage Part. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. B.The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B. General Conditions, subparagraph 5. Other Insurance: ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED 461-0478 12 12 Includes copyrighted material of ISO Insurance Services Office, Inc., with its permission Page 1 of 1