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HomeMy WebLinkAboutPW12-257 - Original - Bruce C. Allen Associates, Inc. - Upper Russell Road Levee - 11/08/2012 =F• Records Management, ZKENT Document WASHINGTON t=j R rm •_ 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: Bruce C. Allen Associates, Inc. d/b/a Allen Brackett Shedd Vendor Number: JD Edwards Number Contract Number: �(��� azf? This is assigned by City Clerk's Office Project Name: Upper Russell Road Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Termination Date. 5/31/13 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.): Prepare summary appraisal reports for the protect. S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 i KENT WASH IN GTCN PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Bruce C. Allen Associates, Inc. d/b/a Allen Brackett Shedd THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Bruce C Allen Associates, Inc. d/b/a Allen Brackett Shedd organized under the laws of the State of Washington, located and doing business at 419 Berkeley Ave., Suite A, Fircrest, WA 98466, Phone: (253) 274-0099/Fax: (253) 564-9442, Contact: Darin Shedd (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: The Contractor shall prepare summary appraisal reports for the Upper Russell Road Levee Project. For a description, see the Contractor's September 19, 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 May 31, 2013 III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Fifty Eight Thousand Dollars ($58,000.00) 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, nothing 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: 7i` By: W/i atur ) Print Name: r �. ��� / (s gnature) Its: H<< wP rint N e Suzette Cooke (titre) is M a o r DATE: DATE: a NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Darin Shedd Timothy J. LaPorte, P.E. Allen Brackett Shedd City of Kent 419 Berkeley Ave., Suite A 220 Fourth Avenue South Fircrest, WA 98466 Kent, WA 98032 (253) 274-0099 (telephone) (253) 856-5500 (telephone) (253) 564-9442 (facsimile) (253) 856-6500 (facsimile) PROFESSIONAL SERVICES AGREEMENT - 3 (Over$10,000) APPR VED AS O FO M: AA Kent Law Department 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. 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 thefive requirements referenced above. Dated this 46 day of 201e�- . By: For: 1d/PG� C�� C�� Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 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 City'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 Bruce C. Allen Associates Inc. d/b/a Allen Brackett Shedd Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Upper Russell Road Levee that was entered into on the November 8, 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 LG t , 201-73L. By: Title: 1� Date: EEO COMPLIANCE DOCUMENTS - 1 EXHIBIT A i S Murray Brackett,ALAI,Principal Darin A Shedd,AM],Principal Deboialr Foreman Greg Goodinan,ALAI,Principal Mattsloan Robert Uunnbeilhi David Coleman Jessica Sro6eberry Heber Keanedy Down Lurdoay Diane Quinn Bruce C Allen,MAI(Founder 1938-1007) I I September 19, 2012 Ms. Ingrid P. Williams-Dixon Project Analyst Design Engineering I Public Works Department j 220 Fourth Avenue S Kent, '"%ashington 98032 RE: SR-516 TO S. 2315T LEVEE PROJECT LOCATED IN KENT,WASHINGTON Dear Ms. Williams-Dixon: As requested, I have reviewed information relating to the project referenced above for the purpose of estimating a fee and timing for completion of Summary Appraisal Reports of the following. I I Site Frontage Property/Tax ID (ac.) Units Age Units 1 Regataat the Lakes Condo 6.65 66 1994 20 (72122-0000) 2 Aidgeivaiei III 2.87 32 1989 5 (108567-0000) 3 Bi idgeivater Iv 3.31 25 1989 7 (108568-0000) 4 Marina Pointe 2838 150 1996 32 (514897-0000) The project will require appraising each condo site to determine underlying land value for the acquisition. It will also require before and after valuation of individual units fronting on the project. I estimate 32 frontage units to require improvement valuations. Marina Pointe appears to not have proximity issues I anticipate valuing each site and the impacted units within four separate appraisals, with the individual units valued after concluding to a site value. Tuning for completion would be 45 days from authorization to proceed and assumes cooperative 12320 NE 81lr Street, Suite 200 Belleuue, tVA 98005 Phone(425)450-1040 Fax(425)688-1819 419 Bei keley Avenue, Suite A Fu crest, WA 98466 Phone(253)274-0099 Fax(253)564-9442 I I coordination of access to individual units within a timely manner. Estimated appraisal fee is as follows 4 sites @ $3,500 each = $14,000 32 units @ $1,375 each= $44,000 Total: $58,000 j i The project is similar to a completed road-widening project I recently appraised for WSDOT (Riverwood Condominiums, Orting) and an ongoing project (Sonoma Villero Condominiums, Bothell) for the Attorney General, both requiring soundwalls being developed adjacent to condominium units. I have also completed appraisals in the past few years of common areas impacted by road widening projects, including a project impacting multiple condominium units along SR-99 in Federal Way and a large townhouse project along 176th Street in Spanaway. Damages in these instances were allocated to the common areas, as well as all proximity affected units. Thank you for your consideration of Allen Brackett Shedd for this assignment j Please call if you have any questions. Sincerely, ALLEN BRACKETT SHEDD I Darin A. Shedd, MAI kr I i Allen Brackett Shedd 42844DS DOC Copyrnght®2012 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 Liability insurance 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 limit 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, $2,000,000general aggregate and a $1,000,000 products-completed operations aggregate limit. ATE A�" CERTIFICATE OF LIABILITY INSURANCE D05/09IDDYI2 Ds/D9/zolz 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 1-425-454-3386 CONTACT NAME Arthur J. Gallagher Risk Management Services, Inc. PHONE PAX MIC o AIC No P.O. BOX 367 EMAIL ADDRESS Bellevue, WA 98009-0367 INSURERS AFFORDING COVERAGE NAIC# Amanda Bruffett INSURERA• Hartford Casualty Insurance Company INSURED INSURER B Bruce C. Allen & Associates A Washington Corporation INSURER 12320 WE 8th St Ste 200 INSURER Bellevue, WA 98005 INSURER INSURER F COVERAGES CERTIFICATE NUMBER: 27053035 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 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 INSR TYPE OF INSURANCE ADDL SUBR POUPOLICY NUMBER MM/DDY� POLICY M DD VEYXYY LIMITS LTR A GENERAL LIABILITY 52SEAVX2197 04/01/1 04/01/13 EACH OCCURRENCE $2,000,000 X AGE TO RENTED 300,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 71 CLAIMS-MADE O OCCUR MED EXP(Any one person) $ 10,000 X Business O,anerB 2,000,000 PERSONALS ADV INJURY $ GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $4,000,000 POLICY PRO LOG - $ A AUTOMOBILE LIABILITY 52SBAVX2197 0 0 13 COMBINED SINGLE LIMIT 2,000,000 rs Ea accident - ANY AUTO BODILY INJURY(Par peon) $ ALL OWNED SCHEDULED ( BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED ° PROPERTY DAMAGE $ AUTOS Per accident NO OWNED $ A UMBRELLA LIAR X OCCUR 52SBAVX2197 04/01/1 04/01/13 EACH OCCURRENCE $11 0001000 EXCESS LIAR CLAIMS MADE AGGREGATE $ 21000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION 52SBAVX2197 [WA STOP GAP WCSTATU- OTH- ANDEMPLOYERTUABILITY YIN 04/O1/1 04/O1/13 XER ANY PROPRIETOR]PARTNERIEXECUTIVE NIA E L EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 Ryes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) City of Rent is included as Additional Insured per General Liability form SS0008 04/05 attached, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe AUTHORIZED REPRESENTATIVE Kent, WA 98032 Amanda Bruffett USA ©1988-2010 ACORD CORPORATION. All rights reserved ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD aebruffett 27053035 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b, Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred, or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member(if you are a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization b, Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to "mobile equipment"registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your I equipment along a public highway with your Property permission. Any other person or organlzatiion responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die but only:Y onlyi other insurance of an kind is available tnoo Y (1) With respect to liability arising out of the to that person or organization for this liability maintenance or use of that property;and However,no person or organization is an Insured (2) Until your legal representative has with respect to. been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment,or Your legal representative if you die, but b, "Property damage" to property owned by, only with respect to duties as such That rented to, in the charge of or occupied by ( representative will have all your rights and you or the employer of any person who is duties under this insurance an insured under this provision. e. Unnamed Subsidiary 5.' Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 60% of the voting stock on the insured while operating such watercraft with effective dale of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with respect to liability arising out of the operation as a named insured does not apply to injury or damage with respect to which an n surance the watercraft, and only able to that i no other insured under this insurance is also an n any kind is available insured under another policy or would be person or organization anization for this liability an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance a. "Bodily injury" to a co-"employee" of the 3, Newly Acquired Or Formed Organization person operating the watercraft;or Any organization you newly acquire or form, b. "Property damage" to properly owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However; permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in ( only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier, and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit with the distribution or sale of the A person or organization is an additional products; Insured under this provision only for that Demons$ation, installation, period of time required by the contract, servicing or repair operations, agreement or permit except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision 'rf such product, person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages, the vendor;or a, Vendors (h) "Bodily injury" or "property Any person(s)or organization(s)(referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its own acts or omissions or those "bodily injury" or "property damage" arising out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendors acting on its behalf However, this business and only if this Coverage Part exclusion does not apply to provides coverage for "bodily injury" or (1) The exceptions contained in "property damage" included within the Subparagraphs (d)or(i),or "products-completed operations hazard" (Ii) Such inspections, ad)ustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions. undertakes to make in the usual This insurance does not apply to. course of business, in connection with the distribution (a) "Bodily injury" or "properly or sale of the products damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by reason of the assumption of unsuied person or olyaniza6i,n from whom you have acquired such products, liability in a contract or agreement This exclusion does not apply to or any ingredient, part or container, i liability for damages that the entering into, accompanying or vendor would have in the absence containing such products of the contract or agreement b Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you whom you lease equipment, but only (c) Any physical or chemical change with respect to their liability for"bodily in the product made intentionally injury", "property damage' or by the vendor, "personal and advertising injury" ; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to yuu by such inspection, demonstration, testing, person or organization or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of. you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance,and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance,or insurance. (7) When You Add Others As An We will share the remaining loss,if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part apply to other Insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This Insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first I written agreement or permit that If any of the other insurance does not permit ( this insurance be primary. If other contribution by equal shares, we will Insurance is also primary, we will contribute by limits Under this method,each share with ail that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below applicable limits of insurance of all insurers (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us The insured must do insurance, this insurance is nothing after loss to impair them At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us i insurance enforce them This condition does not Paragraphs(a)and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. When this insurance is excess, we will I( the insured has waived any rights recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit"if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 CERTIFICATE OF INSURANCE Producer- Issue Date- 07/24/2012 This Certificate is issued as a matter of information only and LIA ADMINISTRATORS&INSURANCE SERVICES confers no rights upon the Certificate Holder This Cemficate P.O.Box 1319 does not amend,extend or alter the coverage afforded by the Santa Barbara;CA 93102-1319 policy below. Insured• 111764 COMPANY AFFORDING COVERAGE ALLEN BRACKETT SHEDD/BRUCE C. ALLEN &ASSOC., INC/Murray Brackett,MAI Liberty Insurance Underwriters,Inc. 12320 NE 8th Street, Suite 200 Bellevue,WA 98005 Fax Number:425-688-1819 \ �J Authorized Representative This is to certify that the policy of insurance listed below has been issued to the Insured named above for the policy period indicated Notwithstanding any requirement, term of condition of any contract or other document with respect to which this Certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms,exclusions and conditions of such policy. Limits shown may have been reduced by paid clauns DISCLAIMER:This certificate of insurance does not affirmatively or negatively amend,extend,or alter the coverage afforded by the insurance policy. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATEFClaim IMITS Professional Liability LIU004803-011 06/29/2012 06/29/2013 $ 2,000,000 $ 2,000,000 Description of Operations/Locations/Special Items. REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY INSURANCE Certificate Holder- RECEIVED Cancellation: City of Kent Engineering SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Nancy Yoshitake JUL2 1 U IZ BE CANCELLED BEFORE THE EXPIRATION DATE 400 West Gowe U IZ THEREOF,NOTICE WILL BE DELIVERED IN a Kent,WA 98032 CITY 01; KENT ACCORDANCE WITH THE POLICY PROVISIONS. ENGINEERING ©EPT LIA0001 (11/97) Certificate Holder Copy 7 PUBLIC WORKS DEPARTMENT Timothy]. LaPorte P.E , Public Works Director Phone 253-856-5500 KEN T Fax. 253-856-6500 HASHINGTON Address 220 Fourth Avenue S Kent, WA 98032-5895 Date: October 3, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members Special PW Committee Meeting Date* October 22, 2012 - From: Beth Tan, P.E., CFM, Environmental Engineer Through: Mike Mactutis, P.E., CFM, Environmental Engineering Manager Subject: Consultant Services Agreement — Allen Brackett Shedd State Route 516 to S. 231st Way Levee Project Item - 3 Motion: Move to recommend Council authorize the Mayor to sign the Allen Brackett Shedd Contract Agreement for the Real Estate appraisal services of property on the State Route 516 to S. 2315t Way Levee Project in the amount of $58,000 upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: Completing the SR 516 to S. 2315t Way Levee adjacent to the Lakes Community requires additional property from the condominium associations of Bridgewater III, Bridgewater IV, and Regatta at the Lakes. This acquisition will not include any condominiums, common area property. North of this area the levee adjacent to Marina Pointe will not need additional property but will require a levee maintenance inspection easement, to complete the accreditation. The consultant services agreement with Allen Brackett Shedd is to provide a real estate appraisal of the impacted properties and assess the value of the project's impacts. Their services include impacted areas and involves approximately 273 units with extensive public involvement and communication with property owners. The SR 516 to 231st Way Levee project is 2.7 river miles in length and is located on the right bank of the Green River, adjacent to the Lakes Community and Riverbend Golf Complex. This levee reach, in combination with the other levee segments along the Green River, protects the Kent Valley businesses and residential areas from flood risks. Budget Impact: There will be no unbudgeted fiscal impacts, as this contract was anticipated when the 2012 budget was developed. The contract will be paid through the stormwater utility. REQUEST FOR MAYOR'S SIGNATURE Please FIII in All Applicable Boxes KENO p� form must be prilited of? chewy paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator. Ingrid Willms-Dixon Phone (Originator) 5519 Date Sent tl1$/la Date Required rl/t.¢/LQ Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 5/131/13 VENDOR NAME: Allen Brackett Shedd DATE OF COUNCIL APPROVAL: 11/6/12 Brief Explanation of Document The attached agreement is for Allen Brackett Shedd to prepare summary appraisal reports for the Upper Russell Road Levee (SR 516 to S 231 st Way) Protect For a summary, see the attached prepared by Beth Tan All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received Approval of Law Deb VE Law Dept Comments.NpV 072012 ✓ tw' p `� KENT Date Forwarded to Mayor 1 (7 Shaded Areas to Be Completed by Administration Staff Received iJ �Ll P'OV 1 . 2112 Recommendations & Comments �,T C'i1 CrE M, Disposition: Date Returned IageS870_tempiatebase • 2/07