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HomeMy WebLinkAboutPW12-210 - Original - Certified Land Services Corporation - Right of Way Negotiations 256th St Improvements - 10/05/2012 T Records Manag- it eme , KEN WASHiNGTON a Document y � CONTRACT COVER SHEET 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: Certified Land Services Corporation Vendor Number: ID Edwards Number Contract Number: _R ')No2- a I C) This is assigned by City Clerk's Office r `" Project Name: 2561h St. Improvements Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: /©-S- 1 2- Contract Effective Date: Date of the Mayor's signatureTermination Date: 8/1/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ingrid Willms-Dixon Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide right of way negotiation services for the project. S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11108 ., !y x K E N T Why I I N 0,ON PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Certified Land Services Corporation THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Certified Land Services Corporation organized under the laws of the State of Washington, located and doing business at 4619 37th Ave. SW, Seattle, WA 98126, Phone: (206) 287- 9858/Fax: (206) 938-6717, Contact: Regina Raichart (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: The Contractor shall provide right of way negotiation services for the S. 256th Street Improvements Project. For a description, see the Contractor's June 27, 2012 Scope of Work which is attached as Exhibit A and incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the work by August 1, 2013. *V'I pry. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Eighteen Thousand, Three Hundred Fifteen Dollars ($18,315.00) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, ,profession, or business of the same nature as that involved under this Agreement: D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PROFESSIONAL SERVICES AGREEMENT - 1 (Over$10,000) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3,80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. PROFESSIONAL SERVICES AGREEMENT - 2 (Over$10,000) C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothmg,in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: nZture Print Name: ih� ! � ✓-F (signature) Its: Print ame: Su ette Cooke (title) Its a or DATE: Scpa ��-�ol Z DATE: 1015, F- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Regina Raichart Timothy J. LaPorte, P.E. Certified Land Services Corporation City of Kent 4619 37t" Ave. SW 220 Fourth Avenue South Seattle, WA 98126 p Kent, WA 98032 (206) 287-9858 (telephone) (253) 856-5500 (telephone) (206) 938-6717 (facsimile) (253) 856-6500 (facsimile) PROFESSIONAL SERVICES AGREEMENT - 3 (Over$10,000) APP�OVE S TO Kent Law Departure l PROFESSIONAL SERVICES AGREEMENT - 4 (Over$10,000) , DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. A., 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 12- . By: For: CGr+t{8, Lam Sft1 uo CwaA -i' " Title: Prtcijn + Date: �1A 1 2- EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 k 4 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the Ckty's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. , I, the undersigned, a duly represented agent--of- Certified Land Services Corporation Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as S. 256"' Street Improvements that was entered into on the October 5, 2012, between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this ! day of 71uq"St , 2013 . j, By: /n For: Ct,42, Title: Date: A-vt!2us4- f 2 o 13 i I i I EEO COMPLIANCE DOCUMENTS - 1 T - - EXHIBIT A- - �f:,,k ��,...r,J `v i v ,r3.`IN *� iY'a'�;y'+�a. 'Y.��'�r�_ E�ti `___ `:��.* n 'Waa'..�`�,�` ��•�!*�,?7�a L A N D S E R V I C E S C O R P O R A T I O N June 27, 2012 P r Ingrid Wilims-Dixon, Project Analyst City of Kent 400 West Gowe Kent, WA 98032-5895 RE: Right of Way Negotiations: 256th Street SE Dear Ms Willms-Dixon; Thank you for the opportunity to submit this letter of interest and statement of qualifications to you for consideration as a provider of Right of Way Negotiations on the 256th Street SE project, CERTIFIED Land Services has extensive experience providing municipalities, agencies, utility companies and others with right of way advisory services as well as acquisition, relocation, records management and property management We are able to provide turnkey projects or ala carte services, depending on our clients project needs. Since 1999, we have been helping clients and property owners find common ground so that vital projects like yours can move forward on schedule. We have had the pleasure of working for and with the City on several projects in the past and would welcome the opportunity to work with the City again. We believe our work for the City of Kent has been accurate and cost effective, and our delivery record on all projects is excellent. In general, our record of delivering projects on time and within budget is impressive. When choosing a name for this company we decided that ultimately, the most Important part of a project is the ability to certify it with funding agencies, hence, the name of CERTIFIED Land Services. We work hard to minimize your risk by doing our work in a manner that not only involves and engages all stakeholders, but also is mindful of the need of the client to ensure the project meets all funding requirements of certification. We hope we will have the opportunity to discuss our qualifications with you in greater detail. Please contact us if you would like additional information. Respectfully, C TIFIED Land Services Corporation R o ichart President Enclosures 4 6 1 9 3 7 t h A v g n u e S W S e a t t l e W A 9 8 1 2 6 Phone 206 287 9858 Fax 206 938-6717 e-Ipail' info@certifiedlandservices.com ,Z " - �'� ,fss L A N D S E R V I C E S C O R P O R A T I O N SCOPE OF WORK: City of Kent 256th Street SE I Project Overview. The project consists of: • Acquiring 10 Slope Easements of varying widths from single family residential private property. i There is no relocation of persons or personal property on this project. { State and federal funds are not currently,but may be involved in the future of this project requiring strict adherence to Federal Highways Administration policies and procedures as well as all applicable federal, state and local laws including, but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and it's amendments, 49CFR Part 24, and state Revised Statutes, Work will be in accordance with the WSDOT Local Agencies Guidelines and by reference the WSDOT Right of Way Manual parts 1 &2. CERTIFIED will work closely with all project stakeholders including project managers and staff, engineering project managers and designers, property owners and their representatives and the public, Schedule and Approach to Work. Construction is anticipated to commence in late 2012 or early 2013, but as soon as possible. i We would recommend Slope Easement parcels be valued using a Preliminary Funding Estimate (PFE) and Appraisal Waiver(AOS) process intended for simple acquisitions with no anticipated damages to the remainder with estimated values under$25,000. The optional cost of a PFE is included in this cost estimate. I While the construction start schedule is aggressive,if we plan this work well, phase it to coincide with completion of appraisals and coordinate all activities closely we should be able to make deadline as planned. 1 I . 3 � ~ | � . 77 'H; .� �_���.^�`n���/ i LAND 3ERY | CES CORP {} RAT | DN . SCOPE OF WORK: City of Kent 256 th Street SE Task I ~ Project Management Assumptions: � ~ The City will act os general right of way project manager. � w CERTIFIED will provide staff management/advisory time for Its staff, but will not consider itself|n any way the project manager for the project. 1.1.1 Prepare u project schedule for the right of way phase. Monitor and update the � schedule osneeded. ' 1,1.2 Prepare and submit weekly status report and o monthly progress report will be included with our invoice. Our reports will include identification of work performed In the previous ronnth's schedule, measures for mitigating schedule slippage, /f necessary, and identification and discussion of potential problems that may arise, including issues resolution. 1.1.3 Manage quality |n coordination with the City~s Project Manager. 1.1.4 Submit detailed monthly invoices. i \ Task 2~ Preparation ^ CERTIFIED staff will review all documents, files, maps, title reports, legal descriptions and other Information provided. Errors, questions and clarifications will be reviewed and discussed. • In a dance with funding source requirements CERTIFIED determine parcels t ay be acquired with appraisal waivers and se parcels that k 3 — Appraisal — OPTIONAL PFE PROCESS (NOT INCLUDED IN FEE EST.)require full narra appraisals. • Appraisal Reviews are necessary for PFE/A isal Waiver parcels valued under $25,000 accordirig Ito, s and feder riding source requirements, • The City will set just c pensation parcels from which offers to property owners will be made. 3.1.1 CERTIFIED will prepare reliminary fundi stimate for the 10 Slope Easement parcels d Ing each parcel, its owner ara b]e property study, analysis comps selected and statement of ]7�,'ccmp c� ensation for City approval praisal Waivers will be written for those par $25 in t e Preliminary Funding Estimate process. Task 5 — Administrative Assumptions: w All forms and conveyance documents will be VVSDDTbanmp|atea, or as preferred and provided by the City, S.1,1. The City will provide signature ready legal documents and offer packages for all ` parcels � 5.1.3. The City will provide title cnrom/trncnLs for each ponre| with Schedule 8 showing ' exceptions listed. 5.1.3. The City will provide all legal descriptions. | 5.1.4. The City will provide approved right of way and or exhibit maps for the project. / � � � ` . , ' | !������ | � LAND 3ERY | CES C {) RPORAT | [) N SCOPE OF WORK: City of Kent 256 th Street SE S.1.5. CERTIFIED staff will maintain all records, flies, documents and reports |n accordance with statutory and VVSDOTgu/de|ines and regulations. 5.1.6. CERTIFIED will provide the City with written status reports ono weekly basis and | will provide verbal status reports on demand, asrequested. | Task 6 ^ Negotiation Assumptions: * CERTIFIED agents will act /n good faith at all times. ° CERTIFIED staff will never coerce owners |non attempt to settle parcels ° CERTIFIED will provide the City with an Administrative Settlement Letter for all requested administrative settlement. w CERTIFIED staff will work whatever hours are necessary, Including evenings and weekends, to make themselves available to owners and their representatives. 8.1.1. CERTIFIED will prepare offer letters for all parcels. 6.1.2. CERTIFIED agents will make at least 3 personal contacts with each owner with the intent of reaching settlement for the conveyance of property or property rights needed from each parcel. As many contacts as needed to reach | settlement will be made/ until it is mutually agreed between the City and � CERTIFIED that negotiations should be suspended or given to the City Attorney � 0u pursue eminent domain actions. � 6.1.3. CERTIFIED staff will explain the offer verbally and |nwriting. . 6.1.4. CERTIFIED staff will provide detailed written diaries for each parcel, i 6.1.5. CERTIFIED staff will transmit organized parcel files containing all pertinent information, documents, forms, diaries, and Disclaimer Statements. � 6.1.6. CERTIFIED staff will prepare a condemnation summary memo for any parcel that the City deems |t |s necessary tmacquire through the exercising of its power of eminent domain. Task 7 — Relocation Assumptions: ' & There are no relocations nn this project, ° Sign relocations will be considered cost bxcure items addressed in appraisals and | negotiations. Task 8~ Closing and Conveyance | | Assumptions: w Title Clearance is not required on easement parcels. 8.1.1. CERTIFIED will provide the City with complete files at the close of negotiations for each parcel. Included in our transmittal packages will be conveyance documents ready for the city turecord. Al | . . | LAND SERY | CE3 C {} RP {} RAT1ON � SCOPE OF WORK: City of Kent 756th Street SF This proposal s based on charging only for those hours worked The outline of tasks and hours provided above are a guide to our understanding and approach towork. Senior Project Manager 10 hours @ $1S4 per hour = $1,S40 (Based on4 hours each fee parcel and 1 hours each slope eascmeoiparce|j Senior Acquisition Agent: 160 hours @ ¢A5 per hour = $15/280 ! (Based on 36 hours each fee parcel and 16 hours each permanent slope easement parcel.) | Administrative Support, Shuuo ¢6S per hour = $325 i Title Reports will be provided by the City and are not included /n this cost estimate The overall project scope of work calls for the City to pay directly for any escrow services and payments of just compensation to the property owners. RE In addition to the above costs, reimbursable costs such as mileage, postage, phone and fax charges,or other reasonable costs will be billed at straight cost. Estimated Re|mbu/sab|es = $1,2S0 � TOTALGSTrMATED COSTS = $18,315 CERTIFIED staff will prepare aPFEfor. ' " The 10 parcels from which we are acquiring /n Slope Easements and CERTIFIED will prepare an Appraisal Waiver Summary Sheet for each parcel 10x$750 = $7,500 � NOTE: ITm OUR COMMITMENT TO PROVIDE YOU WITH EFFECTIVE AND COST EFFICIENT SERVICE SINCE WsWERE | ASKED TO PROVIDE a NOT To EXCEED COST ESTIMATE, WE HAVE PROVIDED THIS s0TimmTE FOR YOUR / BUDGETING PURPOSES ALTHOUGH |T CANNOT es GUARANTEED, |T|6 OUR GOAL To DELIVER THIS PROJECT WELL WITHIN THE ABOVE TOTAL ESTIMATED COSTS WE WILL ownsn NO c|xouwnT8woss EXCEED THIS / ESTIMATE WITHOUT YOUR FULL CONSENT AND APPROVAL � � | _ EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liabilitu. nsurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single it for bodily injury and property damage of $1,000,000 per accident. , 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. ( . M EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain,,;or. be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability'', D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. r 10/02/2012 15:48 2069373055 DON SWANSON INS PAGE 03/03 1 -1 ti I .,,.I I DATE(MMWVDD1YY) W '77 10/02/12 t"Y y Api utn PRODUCE" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DON SWANSON INSURANCE INC. HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE covvnAG54 AFFORDED DY THE POLICIESIBELOW. 4711 44TH AVENUE SW COMPANIES AFFORDING COVERAGE SEATTLE WA 98116 COMPANY A HARTFORD CASUALTY INSURANCE COINSURED - COMPANY CERTIFIED LAND SERVICES CORP 0 HOUSTON CASUALTY COMPANY COMPANY 4619 37TH AVENUE SW 0 SEATTLE, WA 98126 COMPANY '7 THIS IS 70 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATE(), NOTWITHSTANDING ANY REQUIREMENT, I FRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENI WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOHDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS Or SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(Mmtot)(VYI DATE(MM(OD/YY) I\ GENERAL LIABILITY 52SBA117567 10/13 12 10/13/13 GENERAL AGOREOATE _$2j 000, 000 COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OPACC, $2 CLAIMS MADE F7,1 OCCUR PERSONAL&ADV INJURY $1, OWNER'S&CONVIACTOR 3 PROT EACH OCCURRENCE $1 000 000 FIRE DAMAGE(Amv One 11m) $ 300, 000 MET)EXP(Any one Person) S 10, 000 AUTOMOBILE LIABILITY 52LTECAH9246 J 12/08711 12708712 11000, 000 ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PoTpumon) HIPPO ALTOS BODILY INJURY NONOWNEDAUTOS (Poracoldort) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO 014LY EACHEACH ACCIDENT S Te & ACH AG AGGREGATE RE P, EK"SS LIAOILITY 528BAII7567 —15-7-1—37-12 —10-71-3713 EACH OCCURRENCE 111 1 0 000 LIMDRE).kA FORM ACIOnECATE 00 00 0 NOTHER THAN UMBRELLA FORM WORKERS COMPaNIIIATION AND 525BAI27567 10/13/12 20/13/13 X I 0 TVIC y 6 Iii AIT 01 H, EMPLOYERS,LIABILITY $l 000 000 THE PROPRIETOR/ INCIL EL DISEASE-POLICY LIMIT sl, 000, 000 PARTNMS18XIECLITIVE OFFICERS ARE. EXCL EL DISEA$E•EA EMPLOYEE 51 000 000 5 O-rimn H710110216 12/06/11 12/08 12 LI PROFESSIONAL D&GOIRIPTION OF OPEnATIONq&OCATIONS/VPMICLPS/SPFCIAL rrEms THE CITY OF K7NT 18 NAMED AS ADDITIONAL INSURED AS RESPECTS WORK PERFORMED BY THE NAMED INSURED. N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OR WV.NTT FN7GTMVF.RTNG cAPMATIOM DATA WCACOP, Wit 160VINQ CV~NY WILL 6NOGAVC11% T MAIL ATTN: NANCY YOSHITAKB 3—Q—DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 400 WEST GOWE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUOAnaN on LIAMIUTY KENT WA 9$032 OF ANY KING UPON THE COMPANY,r476 XUENTS OR FIEPAI23ENTAnvE6. AUTHORIZED REPRESENTATIVE MARK D SWANSON N\�)k\>� 1;41 L Oct 03 2012 17:24123 EDT FROM: FZM/05159390655 MSGt; 99040834-0A6 1_—_ PAGE-003 OF 006 — -- --— THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. MISCELLANEOUS CHANGE ENDORSEMENT POLICY NUMBER: 52 UEC AM9246 DX CHANGE NUMBER; 001A T This endorsement modifies Insurance provided under the following: .L HE BUSINESS AUTO COVERAGE FORM HAR T FO R D This endorsement changes the policy effective on the inception dote of the policy unless another date is indicated below. (Premium adjustment, if any,for the addition, deletion or other change described in this endorsement is shown In the Premium Column below,) Effective Date: 10/0 2/12 Named Insured: CERTIFIED LAND SERVICE6 CORPORATION Producer's Name: DON SWANSON INSURANCE INC/PHS Pro Rate Factor: .184 Description of Change: ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT. IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL, HARTFORD CASUALTY INSURANCE COMPANY NO CHANGE IN PREMIUM CA2048(6) Ig/ARE ADDED, THE FOLLOWING CA2048 SEQUENCE NO(S) APPLY: 01 FORMS ADDED Countersigned by 10/02/12 (Where required by law) Authorized Representative Date Form HA 99 10 01 07T Oct H3 2012 17:21:41 EDT FROM; FWH5159390655 MSA 9904HU34-006-1 _ PAGE 0B4 OF 006_ MISCELLANEOUS CHANGE ENDORSEMENT(Continued) POLICY NUMBER; s2 UEC AR9245 DX CA20480299 I1412CIII85 NAMED PSRSON(S) OR ORGANIZATIONS) Fort HA 9910 01 07T PAGE 2 Oct 83 2812 1724:45 EDT FROM: FZM/05159398655 MSG# 9904BB34-BUb-1 -�flGE BB5 nF_BB6 POLICY NUMBER: 52 UEC AH9246 COMMERCIAL AUTO CHANGE NUMBER r 001A CA 20 48 02 89 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement, This endorsement Identifies person(s)or organizatlon(s)who are "insureds"under the Who Is An Insured Provision of the Coverage Form, This endorsement does not alter coverage provided in the Coverage Form, This endorsement changes the policy effective on the Inception date of the policy unless another data Is Indicated below, Endorsement effective Named hsured Couhtelslghed by (Authorized Representative) SCHEDULE Name of Peraon(a) or Organization(&): (SEE FORM I1412011185 ATTACHED) (If no entry appears above. Information required to complete this endorsement will be shown In the Declarations as applicable to the endorsement,) Each person or organization shown In the Schedule Is an "Insured"for Liability Coverage, but only to the extent that person or organization qualifies as an'Insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc„ 1995 Page 1 of 1 s - Qct 03 ZH12 17124:54 EDT _ FROM: FZM/051-59390655_ MSGp 99040839-0�6-1 PAGE 006 OF 006 POLICY NUMBER: 52 UEC AE9246 CHANGE NUMBER; 001 X THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This enaorsement modifies Insurance provided under the following: NAMED PERSON(S) OR ORGANIZATIONS) COMMERCIAL AUTO COVERAGE PART CITY OF KENT-ENGINEERING ATTN. NANCY YOSHITAKE 400 W GOWE KENT, WA $6032 Form IH 12 01 11 85 SEQ,NO. 01 Printed in U 8 A y 09/14/2012 15:19 2069373055 DON SWANSON INS PAGE _02102 COMMERCIAL GENERAL LIA131LITY CG 20 10 10/01 POLICY NUMBER: 52SBAII7567 { THIS ENDORSEMENT CHANGES THE POLICY. PLEASE Kh:AD CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT—MODIFIES-INSURANCE PROVIDED UNDER TW�FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE � NAME OF PERSON OR ORGANIZATION: City of Kent Engineering 400 West Gowe Kent WA 98032 i ! P (Irno entry appears above,information requirod to complete this endorsement will be shown in the Declarations as applicable to this endorsement) i A. Section II-Who is an insured is amended to include as an insured the person or organization shown in the Schedule,but only with rospect to Lability ancmg out of your ongoing operations performed for that insured. B. With respect io the Insurance arForded to these additional insureds,the following exeiuslon is assed. 2. Exclusions This insurance does not apply to"bodily injury"or"property damage"occurring after- (1)All work,including materials,parts or equipment furnished in connection with such work,on the proleot(other than ocrvioc,moiutcnanco or repairs)to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed; or)Insured(s)at the site of he covered operations has been completed;or (2)That portion of"your work"out of which injury or damage arises has been put to its intended use by ony person or organization other than another contractor or subcontractor engagod in performing operations for a principal as a pan of the same project. CG 20 10 10 Ol Copyright Insurance S"ces Office,Inc.,2001 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E , Public Works Director Phone 253 856 5500 KENT Fax- 253-856-6500 WAS"'"Gru" Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 1, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: September 17, 2012 From: Nick Horn, Design Engineering Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Services Agreement/Certified Land Services Corporation — Negotiations for Property Acquisition along SE 256th Street Item - 7 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Certified Land Services Corporation in an amount not to exceed $18,315 to provide negotiation services to acquire property along SE 2561h Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City of Kent was successful in obtaining a $2 million grant from the Washington State Transportation Improvement Board for the repair, widening and upgrading of SE 256th Street between Kent-Kangley Road and 1161h Avenue SE. The project will construct a center left turn lane, bike lanes, curbs, gutters, sidewalks, street trees, storm drainage and undergrounding of the overhead utilities b�- r' In order to construct the improvements along SE 256th Street and widen the roadway, some strips of property will be required from adjacent properties. This consultant would be used to negotiate the final terms of any agreement with the property owner that cannot be closed using City staff. Budget Impact: Funding for this contract is included in the existing project budget. .0. REQUEST FOR MAYOR'S SIGNATURE • Please Fill In All Applicable Boxes KENT This form must be printed can cherry piper WAS HIN G'ON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Ingrid Wdlms-Dixon Phone (Originator) 5519 Date Sent io141Ia Date Required- izVo IQ Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 8/1/13 VENDOR NAME: Certified Land Services Corporation DATE OF COUNCIL APPROVAL: 1012/12 Brief Explanation of Document The attached agreement is for Certified Land Services to provide right of way negotiation services for the SE 256th St Improvements Project For a summary, see the attached prepared by Nick Horn Kan* A// Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received / Approval of Law Dept t k ` t, IVED Law Dept CommentsOCT 0 4 NIL i F KEN x Date Forwarded to Mayor - w. i Ft f •� Shaded Areas to Be Completed by Administration Staff Received I l Recommendations & Comments: J :TY CL Disposition: /O 71L Z G � Date Returned- lage5870_templatebase • 2/07