072-18 - Tierra Right of Way Services, Ltd. - Contract Amendment 2II CITY OF PORT ORCHARD
Authorization for Amendment No. 2
Date: APRIL 13, 2021 Contractor: TIERRA RIGHT-OF-WAY SERVICES, LTD.
BSPP REAL ESTATE
PROFESSIONAL ACQUISITION
Project: SERVICES 2575 E. RIVER ROAD
Contract / Job # C072-18
TUSCON, AZ 85728
THIS CHANGE ORDER AUTHORIZES THE ADDITIONAL WORK: ADDITIONAL SERVICES AS NEEDED TO
CONTINUE THE RIGHT-OF-WAY ACQUISITION PHGASE (SEE WSDOT SUPP #2.)
Contract History
Amount Sales Tax Total Date Appvd by
Original Contract
$174,877.87
Included
$174,877.87
13-Nov-18
COUNCIL.
.Supp Agreement #1
$25,036.14
Included
$25,036.14
08-Sep-20
COUNCIL
:Supp Agreement #2
$613,317.05
Included
$613,317.05
13-Apr-21
COUNCIL
Total Contract $813,231.06
I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and
costs are true and accurate.
-v6& /.--
Consultant Approval Signature
Mack Dickerson, Vice President
Printed Name & Title
Change Orders that do not exceed 10%, with a maximum of
$50,000, of either legally authorized budget limit or contract
amount established by City Council can be approved by the Public
Works Director.
Change Orders that do not exceed 10%, with a maximum of
$100,000, of either legally authorized budget limit or contract
amount established by City Council are to be approved by the
Mayor.
Change Orders over $100,000 or exceed a total of 10% require
Council Action.
P Works Directs
MARK R. DORSEY, P.E.
Printed Name
Approved:
mayor
Attest:
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Council Approval Date ;"- ' < " i • -
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WENGINEERINGICITY PROJECTSIBAY STREET PEDESTRIANVIDMINIROW Aoquisillon for Bay St Pad Path12019 RW Services Cont'd\AdminlTlerra RWSISupp #21Tierra RWS_COPO Supp
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Supplemental Agreement
Number #2
Original Agreement Number
C072-18
Project Number
Organization and Address
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-535-4016
Execution Date
November 19, 2018
Project Title New Maximum Amount Payable
City of Port Orchard, Bay Street Enhancement Project (Mosquito Flect Trail) $813,231.06
Completion Date
December 31, 2023
Description of Work
Additional services from Tierra, SH&H, Duncan Associates, and MNGD are outlined in the attached scope of
work.
The Local Agency of
desires to supplemrnt the agreement entered in to with Tierra Right of Way Services. Ltd.
and executed on ) 3 - P I and identified as Agreement No. C072-18
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:
Section 1, SCOPE OF WORK, is hereby changed to read:
See attached scope of work from Tierra Right of Way Services, Ltd.
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read:
Section V, PAYMENT, shall be amended as follows:
Per this Supplemental Agreement, the Consultant shall be paid an additional $613,317.05, in addition to the
already contracted amount of $199,914.01.
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 and return to this office for final action.
By: Mack Dickerson. Vice President
- A&. �--
Consultant Signature
DOT Form 140-063
Revised 09/2005
By: )!L 1 IV]
Po'y;-
Approving Authon"O!Ore
Dale.[ice C .,. C:5.
S
Exhibit "A"
Summary of Payments
Basic
Agreement
Supplement #1
Total
Direct Salary Cost
Overhead
(Including Payroll Additives)
Direct Non -Salary Costs
Fixed Fee
Total
DOT Form 140-063
Revised 09/2005
Amendment #2
Scope of Work:
To date Tierra Right of Way, Ltd. (Tierra) has completed the extensive title review process. Numerous
errors were found, and Agents worked with the title company to get corrections. Due to the amount of
time that has passed, updated title reports will be requested, and title reports will be reviewed again.
We have assisted significantly with updating the right of way plans to their current condition.
Out of scope, we provided all documents for a public disclosure request and sat in on several meetings
with the City to discuss direction of the project and how we will proceed with each parcel. We have
performed a large amount of preliminary work. The project was put on hold and recently started back
up. During this extended period, Tierra staffing has changed, and new employees have been introduced
to the project.
Therefore, pursuant to the terms of the existing contract (C072-18) executed November 19, 2018, Tierra
will now perform acquisition services with twenty-six (26) owners; review two DNR leases and one Port
of Bremerton Easement, clear two encroachments (parcels 14 & 16), and provide relocation assistance
with three residential displacements and one business displacement. Due to our knowledge and
experience to date, the level of effort expected to complete this project is greater than originally
anticipated.
For the Leases — there will be possible site meetings, application process, review lease, GIS, etc. For the
Easement with the Port of Bremerton — review existing easement, an updated easement may be
required if the current one does not cover the rights required for this project.
KPG will update the ROW plans to indicate Access for tidelands, create an ownership table and provide
the updated title reports, new title reports for the tideland parcels, as well as legal descriptions and
exhibits for the tideland parcels. This amendment also includes an additional $1,021 to cover additional
services performed by KPG and paid by Tierra previously.
The budget already includes a portion of our appraiser's fee, but an amendment was received to include
the new parcels and adjust others.
Tideland Parcel Table:
Parcel
Assessor's Parcel #
Owner Name
Acquisition Type
22 A
4027-003-003-0002
Lee/Kwon
Access Rights
23 B
4027-002-001-0006
ISB Holdings
Access Rights
24 C
4027-001-013-0004
Estate of
Holland
Access Rights
25 D
4027-002-006-0001
DeLucia
Access Rights
26 E
4027-022-015-0008
G. Schiele
Access Rights
27 F
4027-021-013-0002
G. Schiele
Access Rights
28 G
4027-021-011-0103
K. Schiele
I Access Rights
29 H
4027-021-008-0108
Sweeney
Access Rights
30
4027-022-005-0000
K. Hannem
Access Rights
City of Port Orchard, Bay Street
Right of Way Services, Amendment #2
TROW #18WR00-186.01
34
4027-023-008-0005
B. McQuery
Access Rights
36 J
4027-023-005-0008
Munie
Access Rights
420
4027-021-013-0006
William/Michel
Access Rights
44 P
4027-034-001-0009
Haworth
Access Rights
45 Q
4027-034-009-0001
Gadberry
Access Rights
46 R
4027-035-001-0006
Hemiup
Access Rights
Tierra will obtain appraisal and review appraisals for all the following parcels. Appraisal fees have been
updated and the increase reflected.
Appraisal & Review Table:
Parcel
Assessor's Parcel
Owner Name
Appraisal Fee
Review Fee
7
4027-021-004-
Anderson
$3,500.00
$900.00
0003
9
4027-022-001-
Haynes
$3,500.00
$900.00
0004
11
4027-023-009-
Hannem
$2,500.00
$900.00
0004
12
4027-023-016-
Davidson
$2,500.00
$900.00
0005
13
4027-023-017-
Williams
$3,500.00
$900.00
0004
14
4027-032-001-
Jones
$3,500.00
$900.00
0102
20
4027-034-003-
Huth
$3,000.00
$900.00
0007
16
4027-035-002-
Savage,Opstrup,
$5,200.00
$900.00
0005
Roy, Curtoni
17
4027-035-003-
Curtoni
$5,200.00
$900.00
0004
18
4027-035-004-
Annapolis Quay
$5,500.00
$900.00
0102; 4689-004-
001-0001; 4689-
004-002-0000
19
4689-004-004-
Kitsap Transit
$3,500.00
$900.00
0008
22 A
4027-003-003-
Lee/Kwon
$4,500.00
$900.00
0002
23 B
4027-002-001-
ISB Holdings
$4,500.00
$900.00
0006
24 C
4027-001-013-
Estate of
$2,500.00
$900.00
0004
Holland
City of Port Orchard, Bay Street
Right of Way Services, Amendment #2
TROW #18WR00-186.01
25 D
4027-002-006-
Delucia
$3,500.00
$900.00
0001
26 E
4027-022-015-
G. Schiele
$3,500.00
$900.00
0008
27 F
4027-021-011-
G. Schiele
$3,500.00
$900.00
0002
28 G
4027-021-011-
K. Schiele
$3,500.00
$900.00
0103
29 H
4027-021-008-
Sweeney
$3,500.00
$900.00
0108
30
4027-022-005-
K. Hannem
$2,500.00
$900.00
0000
34
4027-023-008-
B. McQuery
$2,500.00
$900.00
0005
36 J
4027-023-005-
Munie
$2,500.00
$900.00
0008
420
4027-004-013-
Michel
$3,500.00
$900.00
0006
44 P
4027-034-001-
Haworth
$3,500.00
$900.00
0009
45 Q
4027-034-009-
Gadberry
$2,500.00
$900.00
0001
46 R
4027-035-001-
Hemiup
$2,500.00
$900.00
0006
Total
$89,900.00
$23,400.00
Tierra has been requested to perform review of eight files prepared by Universal Field Services for
WSDOT Certification. This work and the fee previously bid anticipated only reviewing, but if something
is required to clear WSDOT Certification, we may need an amendment for the additional hours.
Amendment also includes fees for legal guidance from Miller Nash Graham & Dunn (MNGD), to not
exceed $45,000. In the event the City needs legal representation for condemnation, the City will
contract directly with MNGD. This work would not be performed through the Tierra contract.
City of Port Orchard, Bay Street
Right of Way Services, Amendment #2
TROW #18WR00-186.01
Tierra Right of Way Services, Ltd.
City of Port Orchard, Bay Street Enhancements, Amendment #2
Di re ct
Labor Classification Hours Salary OH Fixed Fee Total
Total Amount
Direct
Billing
Rate
142.18%
30.00%
Rate
Division Manager
5
$ 69.72
$
99.13
$ 20.92
$
189.76
$ 948.82
ROW Division Manager
150
$ 59.23
$
84.21
$ 17.77
$
161.21
$ 24,181.83
Project Manager
50
$ 45.83
$
65.16
$ 13.75
$
124.74
$ 6,237.00
Project Manager
1470
$ 44.47
$
63.23
$ 13.34
$
121.04
$ 177,926.52
Senior Right of Way Agent
1250
$ 41.00
$
58.29
$ 12.30
$
111.59
$ 139,492.25
Senior Right of Way Agent
500
$ 39.50
$
56.16
$ 11.85
$
107.51
$ 53,755.55
Senior Right of Way Agent
970
$ 35.00
$
49.76
$ 10.50
$
95.26
$ 92,405.11
Right of Way Agent
0
$ 34.00
$
48.34
$ 10.20
$
92.54
$ -
Adm. Project Coordinator
260
$ 27.00
$
38.39
$ 8.10
$
73.49
$ 19,107.04
Right of Way Technician
400
$ 25.00
$
35.55
$ 7.50
$
68.05
$ 27,218.00
5055
$ 541,272.12
Direct Reimbursables
Travel (Mileage):
5,000
Miles
$
0.565
$
2,825.00
Postage
150
Each
$
7.50
$
1,125.00
Toll
75
Each trip
$
7.00
$
525.00
Ferry
30
Each trip
$
16.40
$
492.00
Files
33
Each
$
5.50
$
181.50
M N G D
$ 45, 000.00
$
-
$
45,000.00
SH&H
$ 59,150.00
-
$
$
59,150.00
Duncan Associates
$ 16,200.00
-
$
$
16,200.00
KPG
$ 17,501.00
$
$
17,501.00
Direct Reimbursables Subtotal: $ 142,999.50
Total Maximum Amount Payable $
Balance on Contract $
Amendment#2 Amount $
Previous Maximum Amount Payable $
New Maximum Amount Payable $
City of Port Orchard, Bay Street
Right of Way Services, Amendment #2
TROW #18WR00-186.01
684, 271.62
70, 954.57
613, 317.05
199, 914.01
813, 231.06