HomeMy WebLinkAboutPW12-265 - Original - Certified Land Services Corporation - Lower Lowest Russell Road Levee - 11/26/2012 Records Management;:
KENT Document
WPSHINGTGN
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:
JD Edwards Number
Contract Number: 40,421 a -a(P 5"
This is assigned by City Clerk's Office
Project Name: Lower Lowest Russell Road Levee
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/13
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.):
Provide negotiation and relocation services for the rolect.
C-M it
5•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
W ws. iucrou
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 371h 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 negotiation and relocation services for the Lower
Lowest Russell Road Levee Project. For a description, see the Contractor's
October 22, 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 December 31, 2013.
III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Seventy Two
Thousand, Seven Hundred Eight Dollars ($72,708.00) 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: INt
nat re) By:
Print Name: i (signature)
Its: '�es idevtl Pr' t Na e: uzette Cooke
(title) I s Mayor
DATE: `?c- Z
DATE: l / .Z
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 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)
T r ,
APP VED S TO
1
Kent Law Depahm
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.
S. 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 3D day of nc4-tb eta , 20 i2—
By: �-
//ll AAll
For: t/�V Vi ct-S
Title: P�PS1C�cyt -
Date: bct 3C) , Z-0 2_
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 j ro b the Contractor awarded the
P Y
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), 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 , 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
L A N D S E R V I C E S C O R P OR A T I O N
SCOPE OF WORK AND COST ESTIMATE: Lower and Lowest
Russell Road Levee Project
Project Overview.
The project consists of acquiring 2 commercial properties in partial takes in
fee and slope easement, 4 residential full take in fee and 1 residential slope
easement only parcel.
Name Total Fee Ptl Fee Easement Slope Relocation
Take Take Easement
Voss X X
Tor eson X
X
Baxter X X
Hamilton X X
Noble Pacific X X
Rec Adventures X X
Ga hard X
There are 2 residential relocations. We believe one parcel is rented requiring a
tenant relocation and a landlord relocation. The second parcel may be owner
occupied, but it may be In the process of being rented, so for the purpose of
this scope of work and cost estimate we will consider it owner occupied and
amend the scope of work and cost estimate when we have made contact with
the occupants.
All work will be done in compliance with 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 C
and Real Property Acquisition Policies Act of 1970 and its 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.
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.
10-22-12
= C E � R, T I F r E D
L A N D S E R V I C E S C O R P O R A T 1 O N
SCOPE OF WORK AND COST ESTIMATE: Lower and Lowest
Russell Road Levee Project
TASKS -
Task 1 - Project Management
Assumptions:
• The City will act as general right of way project manager.
• CERTIFIED will provide staff management/advisory time for its staff, but will
not consider itself in any way the Project Manager for the project.
1.1.1 Prepare and submit a monthly progress report that will include identification of
work performed in the previous month's schedule, measures for mitigating
schedule slippage, if necessary, and identification and discussion of potential
problems that may arise, including issues resolution.
1.1.2 Post on line and/or e-mail status reports and complete document files for
PRIME review and real time access of status reports and diaries.
1.1.3 Manage quality in coordination with the City's Project Manager.
1.1.4 Submit detailed monthly invoices.
1.1.5 CERTIFIED will attend a kick-off meeting with the City.
Task 2 — Preparation
Assumptions:
• 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.
Task 3 - Appraisal
Assumptions.
• The City will provide appraisals, appraisal reiews and will set just
compensation.
i
Task 4 — Administrative
Assumptions:
All forms and conveyance documents will be WSDOT templates, or as preferred
and provided by the City.
4.1.1 The City will provide signature ready legal documents and offer packages for all _
parcels.
4.1.2 The City will provide title commitments for each parcel with Schedule B showing
exceptions listed.
4.1.3 The City will provide all legal descriptions.
4.1.4 The City will provide approved right of way and or exhibit maps for the project.
4.1.5 CERTIFIED staff will maintain all records, files, documents and reports in
accordance with statutory and WSDOT guidelines and regulations.
4.1.6 CERTIFIED will provide the City with written status reports on a weekly basis and
will provide verbal status reports on demand, as requested.
Task 5 - Negotiation
Assumptions:
• CERTIFIED agents will act in good faith at all times.
• CERTIFIED staff will never coerce owners in an attempt to settle parcels.
I
l
10-22-12
L A N D S E R V I C E S C O R P O R A T I O N j
SCOPE OF WORK AND COST ESTIMATE: Lower and Lowest
Russell Road Levee Project
• CERTIFIED will provide the City with an Administrative Settlement letter for all
requested administrative settlements.
• CERTIFIED staff will work whatever hours are necessary, including evenings
and weekends, to make themselves available to owners and their
representatives.
5.1.1 CERTIFIED will prepare offer letters for all parcels.
5.1.2 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 AGENCY and
CERTIFIED that negotiations should be suspended or given to the AGENCY
Attorney to pursue eminent domain actions.
5.1.3 CERTIFIED staff will explain the AGENCY's offer verbally and in writing.
5.14 CERTIFIED staff will provide detailed written diaries for each parcel.
5.1.5 CERTIFIED staff will transmit organized parcel files containing all pertinent
information, documents, forms, diaries, and Disclaimer Statements.
5.1.6 CERTIFIED staff will prepare a condemnation summary memo for any parcel
that the AGENCY deems it is necessary to acquire through the exercising of Its
power of eminent domain.
Task 7 — Relocation
Assumptions:
• There will be 4 residential relocations. 1 is tenant occupied with a landlord
relocation ad 1 is owner occupied. Occupants and relocation needs will be
confirmed upon contact with occupants.
7.1.1 CERTIFIED staff will review the relocation plan prepared by the City and act in
accordance with it.
7.1.2 CERTIFIED relocation staff will work closely with acquisition staff and the
AGENCY in order to perform relocation tasks in a timely manner,
7.1.3 CERTIFIED relocation staff will contact all owners or tenants that are displaced
and inform them of their relocation rights and benefits.
7.1.4 CERTIFIED staff will prepare and deliver all relocation notices (at minimum
notices are: General Notice of Relocation Rights, 90 Day Notice, Maximum
Entitlement Notice).
7.1.5 CERTIFIED staff will survey each displacee and discuss their relocation issues,
concerns and schedules.
7,1.6 CERTIFIED staff will determine each displacee's maximum relocation entitlement,
and have the AGENCY review and approve this amount prior to informing
displacees.
7.1.7 CERTIFIED staff will prepare moving cost estimates and other forms appropriate
for the parcel,
7.1.8 CERTIFIED staff will provide relocation advisory assistance as needed and as
directed by the AGENCY,
7.1.9 CERTIFIED staff will monitor each move and notify the AGENCY in writing when
the property has been vacated.
7.1.10 CERTIFIED staff will work whatever hours are necessary, including evenings and
weekends, in order to make themselves available to owners and their
representatives.
10-22-12
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 AND COST ESTIMATE: Lower and Lowest
Russell Road Levee Project
7.1.11 CERTIFIED staff will provide detailed written diaries for each parcel.
7.1.12 CERTIFIED staff will transmit organized parcel files containing all pertinent
information, documents, forms, and diaries.
CERTIFIED staff will coordinate payment and delivery of checks with the
AGENCY as requested.
Task 8 — Title Review and Clearance/Closing
Assumptions:
• The City will clear title on all parcels.
• AGENCY will pay for title reports, escrow fees (closing/clearing), any fees
required to obtain partial reconveyances and/or clear monetary
encumbrances including any fees for services such as specialized title
clearance fees, lender and/or attorney fees for review and/or processing, and
recording fees.
8.1.1 CERTIFIED will provide the AGENCY with complete files at the close of
negotiations for each parcel. Included in our transmittal packages will be
conveyance documents ready for the AGENCY to record.
Task 9 — Project Turnover
Assumptions:
• CERTIFIED will, at the completion of acquisition and certification, present the
AGENCY with a comprehensive package containing all pertinent project
information.
I
f
i
10-22-12
E -R` T I F E D,
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 AND COST ESTIMATE: Lower and Lowest
Russell Road Levee Project
COST ESTIMATE _ 7-
This proposal is based on charging only for those hours worked The outline of tasks and
hours provided above are a guide to our understanding and approach to work.
PR07ECT MANAGEMENT
Senior Project Manager, 17 hours @ $154 per hour = $2,618
(Based on 8 hours for each full fee take parcel, 4 hours each partial take fee parcel and 1 hours
each slope easement parcel.)
NEGOTIATION S-7"."
Senior Acquisition Agent: 412 hours @ $95 per hour = $39,140
(Based on 36 hours each fee parcel and 16 hours each permanent slope easement parcel )
Administrative Support: 10 hours @ $65 per hour = $650
RELOCATION
Senior Relocation Agent: 250 hours @ $110 per hour = $27,500
(Based on 60 hours per tenant or owner occupied residential relocation and 10 hours per
landlord relocation.
TITLE CLEARANCE,=
To be completed by the City.
TITLE REPORTS/PAYMENT TO OWNERS
Title Reports will be provided by the City and are not included in 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.
APPRAISAL
Appraiser is to be hired by the City; therefore, appraisal cost estimates are not included in this
cost estimate
APPRAISAL REVIEW
i
Appraisal reviewer is to be hired by the City; therefore, appraisal review cost estimates are
not included in this cost estimate
ADMINISTRATIVE SUPPORT
Administrative Support. 20 hours @ $65.00 per hour = $1,300
REIMBURSABLES
In addition to the above costs, reimbursable costs such as mileage, postage, phone and fax i
charges, or other reasonable costs will be billed at straight cost.
Estimated Reimbursables = $1,500
I
TOTAL ESTIMATED COSTS = $72,708
NOTE.
IT IS OUR COMMITMENT TO PROVIDE YOU WITH EFFECTIVE AND COST EFFICIENT SERVICE SINCE WE WERE
ASKED TO PROVIDE A NOT TO EXCEED COST ESTIMATE, WE HAVE PROVIDED THIS ESTIMATE FOR YOUR
10-22-12
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.
Y
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.
10/02/2012 15:4B 2069373055 DON SWANSON INS PAGE 03/03
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DON SWANSON INSURANCE INC. ONLY AND CONFERS NO RIGHTS UPON THE CQRTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THC COVERAGG AFFORDED MY THE POLICIES BELOW,
4711 4.4TH AVENUE SW COMPANIES AFFORDING COVERAGE
SEATTLE WA 98116 COMPANY
A HARTFORD CASUALTY INSURANCE CO
IN6VRE0 COMPANY
CERTIFIED LAND SERVICES CORP a NOUSTON Ch$VALTY COMPANY
COMPANY
4619 37TH AVENUE SW
SEATTLE, WA 98126 COMPANY
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k,T:�a a; �i £ 'xp" �:it 7.,•-0F�( �VI t 7f I,�f S�xlal Ai�,s f t 1 ,` �1i91h(:i § � "SsY ft4�ti�>pi'i'�'inMnY'` t` '�i v`{•` �1T 1' }1111�i
t � I n i ..hx F ,i r �+ r>r`•.� ,,}, i ��i1'?:)'y:+r'rw,i,If•h r 1Ty �' S,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 13EEN 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
CEII1 FIOATE 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 EHO`A'N MAY HAVE BEEN REDUCED BY PAID CLAIMS,
00 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EKPIRATICN LIMITS
LTR DATE(MMIDONY) DATE(MMlDDNY)
GENERAL LIABILITY 528BA117567 10 13 12 10 13 13 GENERAL AGGREGATE $2 ,000, 000
X CDMIAERDIAL GENERAL LIABILITY _PRCDUCTS-COMPAOPAPO $2 000, 000
OWIMS MADE O OCCUR PERBCNAL S ADV INJURY
OWNER'S S CONTRACTOR S PROT EACH OCCURRENCE $11 0 0 0, 0 0 0
FIRE DAMAGE IMyonoliro) S 100 000
MEO EXP(Any one pamm) S 10 000
AurOMOBILE LIABILITY 52UECAH9246 12/08/11 12 08 12 11000, 000
ANYAVTO CCMDNED 8IN3LE LIMIT S
X ALL OWNED AUTOS BODILY INJURY
SOH ECULED AUTOS (Par person) _
HrR6C AUTOS
BODILY INJURY S
A NON•QWNED AUTOS (Per ocoldont)
PROPERTY DAMAGE S
OANYAGE LIABILITY AUTO ONLY-EA ACCIDENT $
AUTO OTHER THAN A'JTO ONLY; .,:P: %�:�• "Z'g
-,� EACH ACCIDENT E
AGGREGATE S
PIL EKCE98 LIABILITY 52SBATI7567 10 13 12 10 13 13 EACH OCCURRENCE _S1 000 000
X UMDREl1,AFORM ADOREOATE $12 000 000
OTHER THAN UMBRELLA PORM $ _~may,
WORKERS 00MPENBATIONAND 525HAxz7567 10f 13 12 10 13 13 X T H61 IMIIU• Ir"', '""`fie,„„`°�.?�i�
EMPLOYERS LIABILITY
FI GAfH A..011PNT 1x000 L, -�Q
THE PROPRIETOR, INCL EL DI6EA6E,POLIOYUM T $1, 000, 000
PARTNERS/EXECUTIVE '
DFFICER9 ARE EXCL EL DISEASE EA EMPLOYEE S 1 000, 000
EI DTIMA H71011026 12 08 11 12 00/12 LI 2, 0001000 2, 000, 000
PROFESSIONAL
I
DESORIPTION OF OPERATION31LQCATIONSNEHICLESISPEDIAL ITEMS
THE CITY OF KENT IS NAMED AS ADDITIONAL INSURED AS RESPECTS WORK PERFORMED f
EX THE NAMED INSURED, �
ER'k'l,FIr.+A1C�6,'1,1K?j,:Dl"pp'rllm'':1i "tN,'I,,;iy„j;YMY'Yb't^,`>,¢inl'7Y"II`e'klfy iG,"i�T�it 'iia'' f�rA'N Ha TI��TF�� �i£'InfY.�lga"'ial�i.kk4i:i. ,I•,`I,.n�'i`4•r' i. pi '"I:.1 '(G' I
,tl„ .+{.,.,.,.a», Y`llnn,i',£T(irl,l rn GUK .,:�.;".•;dt£}:':,.ai ..Pt ItI,I{LI Y .i, „a, i=, tx r )�,. `•I� ILIA 1�9'rt,�h, Hi,
SHOULD ANY OF THE ABOVE DESCHIBED POLICIES BE CANCELLED BEFORE THE
CITY OF KRNTT FMOTNF•FRTNr ;001110Tn Ohl 0nyt TUCnCOP, tut IODUING COMPANY WILL CNocnYGG " MML
ATTN: NA.NCY YOSHI TAKE 2—Q—DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
£ 400 WEST GONE BU7 FAILURE TO NAIL OUCH NOVICE SHALL IMPOSE NO GBUCAT)DN OR LIANUTY
KENT WA 98032 OF ANY KIND UPON THE COMPANY TC AVZ46 OR REPAE3ENTATIVE9,
AUTHORIZED
REPRESENTATIVE
l'4-
ss��<.a,�y�n;C IS ,$ ,�{, I r'i'�a @ l 'ee I{ n,l,< A! �i+••;1}T f f , RK D SWANSON
.7T V, . d ,Q<'S ptals y }•£j i' i ppi;t:'r }I}(i p��1 nl 44� of 1101,)�`•; �5'cC, ,ail'S
ti•'TY d: i1~ ,tI�II`3dn7•IrY� �i,�l+idi>i �'}eFe,vdill{ll hill ,„I',4'. bl'3 SI(S bro ti°$3a.; ,1'.,T, CI[I;,,f<J( !,
�t
09/14L2B12. 15:19 2069373355 DON 5WANSON INS _ - -PAGE 02(02
COMMERCIAL GENERAL LIA131LITY Q0 2U 10 IQJ01 �I
POLICY NUMBER;
528BA117567
t
THIS ENDORSEMENT CHANGES,THE POLICY, PLEASE KI;AU CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES
-------- -----
OR CONTRACTORS_-SCHEbULED PERSON OR
ORGANIZATION
T-HIS ENDORZ9EMEN-T—MODIFIES-INSUMA CY,-PROVIDED UNDER TIC FOLLOWINQ
i
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
NAME OF,PERSON OR ORGANIZATION:
` City of Kent Engineering
400 west Gowe
Kent WA 98012
i
(If no entry appears above,Information requlrad to'oomplete this endorsement will be shown In the t
Declarations as applicable to this endorsement,)„„
•; �1•'t a .
A. Section II•Who is an insured is amended to inelvde as an msured the person or organization shaven
in the Schedule,but only with respect to liability wisms out of your ongoing operations performed
for that insured,
B. With respect to die Insurance afrotded to these additional Insureds,the following emusion Is assed•
2. Exclusions
i
This Insurance does not apply to°ib'bi ily injury"or"property damage"occurring after:
(1)All work,ioeJvding materials,parts or equipment fumished in connection with such work,on
the project(other than aervieo,mcintentmco or ropoh)to bo performed by or on behalf of the
additional insured(s)at the site of the covered operations has been completed;or)fnsured(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
tue by any person or organization other than another contractor or subcontractor engaged in
performing operations for a principal as a part of the same protect.
CG 20 1010 01 Copyrlght Insurance S16 aces Offico,Inc.,2001
i
Oct_H3 2012 17124I23 EDT FROM! F2M/0515939B65S___L1S13>} 9989flA34�]Ah-1__—PAGE_BB3_EF-9B6--------THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISCELLANEOUS CHANGE ENDORSEMENT
POLICY NUMBER; 52 UEC M9246 DX
CHANGE NUMBER; 001A m
This endorsement modifies Insurance provided under the following; �7'THE
BUSINESS AUTO COVERAGE FORM HAR T F O R D
I
This endorsement changes the policy effective on the Inception date of the policy unless another date is indicated
below, (Premium adjustment, If any,for the addition, deletlon or other change described In this endorsement Is
shown In tha Premium Columr below,)
Effective Date; 10/07/12
Named Insured; CERTIFIED LAND SERVICES CORPORATION
Producer's Name; DON SWAN5011 INSURANCE INC/PES
Pro Rate Factor; 164
Description of Change;
ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING
STATEMENT. IF YOU ARE ENROLLED IN REPETITIVE DFT DRAMS 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) IV/ARE ADDED, THE FOLLOWING CA2048 SEQUENCE NO($) APPLY;
01
FORMS ADDED
i
Countersigned by v 10/02/12
(Where required by law) Authorized Representative Date
I
Farm HA 8810 01 011
Oct 03 2012 17,24)41 EDT_ FRQMI F2M/05159390555 MSGiS 39�9BB34 ��CE pjl4_IIF_1306 —_
MISCELLANEOUS CHANGE ENDORSEMENT(Continued)
POLICY NUMBER; 52 UEC AH9246 DX
CA20480299
IR12011185 NAMED PERSON($) OR ORGANIZATION($)
1
1
i
I
Form HA 99 10 01 07T PAGE 2
I
5 _
Oct Bd 2012 17124 t45 EDT FROM! F2M/05159390655_- MSGt���84om—1`__jAGE_89ri[iF_BB6__
POLtCYNUMBER; 52 USC AH9246 COMMERCIAL AUTO
CHANGE NUMBER, 001A CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
1
DESIGNATED INSURED
This endorsement modifee Insurance provided under the following,
I
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 per80n(r)or organizations)who are "Insureds"under the Who la An Insured Provision of
the Coverage Form, Thls endorsement does not alter coverage provided In the Coverage Form,
This andorsemant changes the policy effective on the Inceptlon data of the policy unless another date Is Indicated
below,
Endorsement effective
Named hours ounlers gne by
(Authorized Representative)
SCHEDULE
I
Namn of Pernon(s)or Organization(s);
(SEE BORN IN12011185 ATTACHED)
(If no entry appears above, Information required to complete this endorsement will be shown In the Oeclaratlons as
applicable to the ehdoraamont,)
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,
I
I
CA 20 49 02 99 Copyright, Insurance Services Office, Inc., 1905 Page 1 of i
---- - -- ---- --- — ------- - -- -
_ Qct 03 2012 17:24154 EDT FROM: F2M/05159398655_,
POLICYNUMBER: sa UEC AH9244
CHANfiE NUMBER; 001 � I
w
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
This endoraemen: modifies Insurance Provided under the followln0:
NAMED PERSONS) OR ORGANIZATION(S)
I
COMMERCIAL AUTO COVERAOE PART
CITY OF KENT-ENGINEER ING
ATTNi NANCY YOSHITAKE
400 N GOWE
KENT, WA 9d032
I
I
i
I
Form IH 17 01 11 $5 SEQ,NO, Cl Primed In U.S,A,
l
I
��� REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
Re ;, y D rector
G'
Originator's Name: Ingrid Willms-Dixon Dept/Div. En ineerin /Desl n Extension• 5519
Date Sent: 11/21/12 Date Required: 11/28/12
Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/13
VENDOR: Certified Land Services DATE OF COUNCIL APPROVAL: 11/20/12
Corporation
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable
Brief Explanation of Document:
The attached agreement is for Certified Land Services to provide negotiation and
relocation services for the Lower/Lowest Russell Road Levee Project. For additional
information, see the attached Council motion sheet. (�%2, fop-)
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received:
Approval of Law Dept.:
c
Law Dept. Comments:
WI v
Date Forwarded to Mayor: 124 11
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments: �V
a
� ^iZ
Disposition: /��7�d�Z/1% �/G 6ui /C%
� Z Gr
`/ �-
Date Returned:
•
KENT NaSHING'GN Agenda Item: Consent Calendar — 7I
TO: City Council
DATE: November 20, 2012
SUBJECT: Lower Russell Road Levee Negotiator Contract — Authorize
MOTION: Authorize the Mayor to sign the consultant services agreement
with Certified Land Services Corporation in an amount not to exceed $72,708 to
provide property acquisition services for the Russell Road Lower-Lowest Levee,
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: The City is currently preparing design plans for the Russell Road
Lower-Lowest Levee reach. This levee reach extends from South 2315C Street to
S. 212th Street. The City has identified locations where property needs to be
purchased in order to construct the secondary levee The properties identified include
four full property acquisitions of residential parcels. The City applied for and received
a King County Conservation Futures grant in the amount of $400,000 for these pro-
perty acquisitions. The grant is expected to be awarded early next year after the
County's budget is adopted in December. We would like to get the appraiser,
negotiator and other consultants under contract so appraisals can be prepared and
ready for the negotiations once the grant is received.
EXHIBITS: Scope of Work and Cost Estimate
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: Funding for this contract is included in the existing project
budget and any reimbursable costs will be billed to the grant.