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PW13-149 - Original - Tierra Right of Way Services - Briscoe Levee Reach 3 Acquisition Services - 05/21/2013
Records Marfagemen't KENT Document WASHiNGTON A ,. 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: Tierra Right of Way Vendor Number: JD Edwards Number Contract Number: Lt�13- < <( This is assigned by City Clerk's Office Project Name: Briscoe Levee Reach 3 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: s-al- r3 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 right of way acquisition services for the project. S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 -40111 KENT WASHI.GTOI. PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Tierra Right of Way THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tierra Right of Way organized under the laws of the State of Arizona, located and doing business at 1575 East River Road #201, Tucson, AZ 85718, Phone: (520) 319-2106/Fax. (520) 323-3326, Contact: Mack Dickerson (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: The Contractor shall provide right of way acquisition services for the Briscoe Levee Reach 3 Project For a description, see the Contractor's March 8, 2013 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 Eighteen Thousand, Eight Hundred Dollars ($18,800.00) 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) .as 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: w VJ By: rlt� ( ,,�/) (signatur (signature) e1/ Print Name: //!G-it �,CIG`. rso^ rint Na e: uzette Cooke Its I�i�,6 I��Gt� !-w I M vor (title) DATE: t jr,l3 DATE: 5-.77/ ✓� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Mack Dickerson Timothy J. LaPorte, P.E. Tierra Right of Way City of Kent 1575 East River Road #201 220 Fourth Avenue South Tucson, AZ 85718 Kent, WA 98032 (520) 319-2106 (telephone) (253) 856-5500 (telephone) (520) 323-3326 (facsimile) (253) 856-6500 (facsimile) PROFESSIONAL SERVICES AGREEMENT - 3 (Over$10,000) APPRO ED AS O FOR 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. 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) ithe five requirements referenced above. Dated this day of , 20 /7 . For: of IJT4'«us . G Title: V ILA, Pfe.s;&A'� Date: 57- 1 - Q 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 to laws. All contractors subcontractors consultants and suppliers of the City state P P Y 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 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 City of Kent,Washington `�•�� KENT Briscoe-Desunone Levee Project,Right of Way Acquisitions March 8,2013 Ingrid Willms-Dixon,Project Analyst City of Kent,Public Works Engineering 400 West Gowe Street Kent,Washington 98032-5895 Re. Right of Way Acquisition Cost Estimate Briscoe-Desimone Levee Project Dear Ms.Willms-Dixon: Thank you for the opportunity to provide the City of Kent with our estimate of acquisition costs to complete the above referenced project We have included a Summary of Qualifications along with our proposal that includes the resumes of staff that are available to complete your project.The last two pages of this proposal contain our pricing and staff availability Tierra Right of Way Services,Ltd (Tierra),will comply with Washington State Department of Transportation (WSDOT)guidelines,including Local Agency Guidelines and Washington law as stated in Chapter 8 26 RCW Real Property Acquisition Policy,in all efforts to acquire the necessary right of way for the project. It is our understanding that the City of Kent will procure the needed appraisal reports and related valuation services from outside sources,and that those services are not included in this Request for Proposals (RFP) It is assumed that the City will also provide • the necessary legal descriptions and exhibits for each parcel to be acquired, • title reports for each parcel,and • form of purchase agreement and conveyance documents. Our proposed price reflects this understanding and these assumptions Tierra Nvill deliver the Briscoe-Desimone Levee Project within the budget proposed and within 120 calendar days of receipt of the appraisals or Project Funding Estimates for each non-appraised parcel from which the value can be derived Our team looks forward to working with the City of Kent to complete this important levee project to protect the cities of Kent,Tukwila,and Renton from future flooding Sincerely, Mack Dickerson,SR/WA,RW-RAC Vice-President,Right of Way Operations City of Kent,Washington - T Briscoe-Desimone Levee Project,Right of Way Acgwsitions Introduction Tierra Right of Way Services, Ltd. (Tierra), has been providing right of way acquisition and relocation services since 1989,and has successfully completed right of way projects throughout the State of Washington since 1996 following the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970, as amended (Uniform Act), Washington State Department of Transportation (WSDOT) Right of Way Manual procedures, and local Area Guidelines (LAGS) We can demonstrate a proven track record of successful working relationships with local jurisdictions, including WSDOT, the City of Everett, the City of Burlington, the Citv of Forks, and Pierce County, to name a few. Randye Ferrick, SR/WA, is the President and Designated Broker of Tierra She has been licensed in good standing as a real estate broker in Washington since 1993 Tierra is certified as a Minority Women's Business Enterprise (MWBE) by the State of Washington Tierra's Acquisition and Relocation Agents are licensed, actively practicing real estate agents who possess in-depth knowledge of public real estate needs, including, but not humted to, acquisitions and relocations, temporary construction easements and licenses, property owner meetings and negotiations, tide report review, just compensation determinations, eminent domain proceedings, eligibility determinations, benefit calculations; advisory services, warranty deed, dedication deed, easement, and relocation document preparation, expert witness testimony, acquisition and ielocaton plans, and Federal funding stipulation compliance We have the local expertise and knowledge to perform these and other tasks as required by the City of Kent(the City) for the Briscoe-Desimone Levee Project. Tieira's Acquisition and Relocation Agents are proficient in the completion of acquisitions and relocation assistance for all types of projects under a variety of funding sources, including State, WSDOT, and local funds; Federal Transit Administration (FTA) funds; Federal Highway Administration (FHW.A.) funds,and Federal Aviation Administration(FAA) funds We have proven experience working collaboratively with our chents and their teams to overcome challenges and complications and deliver successful transportation projects on time and on budget. Qualifications and Experience of Staff Assigned to the Project Each of Tierra's Washington State Agents is available for assignment to the City's project. We employ a strong team of professionals with the proven knowledge, expertise, and experience to successfully complete this project on time and within budget. References for our team's project experience can be found on Page 9 Rmidye K Femck, SRIIVA, is Tierra's President, Owner, and Designated Real Estate Broker under designated Washington broker's license number 14036 Ms Ferrick has more than 30 years of mdustry experience providing relocation assistance, real property acquisition, and project management services in connection with State- and Federally funded transportation projects across the western U S Since founding Tierra in 1989, she has built Tierra from a single-office,local right of way firth into one of the most respected land services firms in the western region Under her leadership, Tierra has successfully completed projects in 39 states and has developed a reputation for quality and professionalism Today,Ms Ferrick continues to take the leading role with respect to overall financial responsibilities of the company and plays a key role in all client relationships For this project, she will ensure that adequate personnel and resouices are made available to the City at all tunes, and she will be ultimately responsible for ensuring the quality and timeliness of Tierra's performance Mack Dickerson, SR/IVA, RVRAC, GRI,is Tieria's Vice President of Right of Way Operations He provides training and overall direction to Tierra's Washington Acquisition and Relocation Agents. He has 21 years of experience in ieal property acquisition, acquisition planning, relocation planning and assistance, and project management throughout Washington, Nevada, New Mexico, Colorado, Idaho, and Arizona He has extensive experience conducting acquisition and relocation projects in accordance with the Uniform Act and in managing projects involving Federal,State,and local funding Mr Dickerson is currently overseeing all acquisition and lustoric preservation services for 900 miles of fiber-optic cable installations in rural areas of Washington State He has served as Project Manager,Senior Acquisition and Relocation Agent, and Right of Way Project Coordinator on a number of roadway improvement projects in Waslungton and Arizona An active member of the International Right of Way (Ce�'t'lt iC�:�lfvt r 2 i City of Kent,Washington Briscoe-Desimone Levee Project,Right of Way Acquisitions Association's (IRWA's) Relocation Committee, Mr Dickerson is one of only five IRWA members in the State of Arizona that has earned the Relocation Assistance Certification(RAC) He will be available as needed i by Tierra staff, or as directed by the City, to further ensure the City's satisfaction Samples of his similar project experience include the following • Principal in Charge, City of Kent: SE 256,1, Street Improvement Project—Mack served as the Principal in Charge for this City of Kent project. His oversight included following up with City staff to make sure deliverables were met, strategizing negotiations with our Senior Agent assigned to the project,and monitoring the budget • Project Managet, Praia County On-Call Contract—Mack has served as a Project Manager, Property Manager, and Right of Way Agent for multiple transportation and public works projects since 1995 He has overseen and/or participated in the acquisition of more than 1,000 parcels under this contract and has been responsible for the oversight of relocation activities for a variety of transportation projects. Highhghted projects under thts contract include a 3 5-rode urban corridor project with 35 business relocations, an emergency flood control project involving the voluntary acquisition and relocation of 60 families, and right of way oversight and advisory services for the first Design-Build-Construct project in the State of Arizona involving right of way acquisition • Project Manager,ADOT I-10:Rutlitauff Road to Pijuee Road—Mack managed this Interstate 10 traffic interchange project for the Arizona Department of Transportation(ADOT),which consisted of 11 acquisitions of property rights, I full business relocation,28 temporary residential relocations,and 3 storage unit occupant relocations Services included interviewing/surveying 20+ potential businesses and residential displacees,obtaining move bids,providing advisory services, preparing a Relocation Plan,and completing claim forms • Project Manager,Town of Marana Twin Peaks Traffic Interchange—Mack managed a transportation project that resulted in the acquisition of property rights across 53 properties and the relocation of 42 displacees All work was performed in accordance with the Uniform Act I David 'Dave"Para is Tierra's Washington Operations Project Manager From 1993 to 2004,Dave worked as an Acquisition Unit Manager for WSDOT's Northwest Region office, where he completed numerous projects funded by the FHWA and following WSDOT LAGS He has been involved in the acquisition, appraisal, listing, selling, and managing of farm, office, retail, and multi-family residential properties He has outstanding interpersonal and negotiating skills and works closely with property owners to address issues and concerns Since joining Tierra, Dave has served as a Project Manager and Senior Acquisition Agent, negotiating rights in connection with public and private projects He has overseen the acquisition and relocation assistance activities for several projects, discussing project progress with our clients and providing technical and practical training and leadership to our right of way staff He is a Certified Vasbwglov Real Estate Agent,Lscense Aso 69109. His similar project experience includes • Project Manager, WSDOT On-Call Contiact—Dave served as the Project Manager for all projects completed under Tierra's recent on-call contract with WSDOT,including State Route 9 (SR 9) projects in the City of Arlington and kMiatcom County He managed the acquisition of commercial and residential property types in diverse neighboihoods and rural and urban settings following FH VA and WSDOT LAGS, and completed all task assignments on time and within budget • Project Manager, City of Budingtou On-Call Contract—Dave served as the Project Manager for all task assignments awarded under Tierra's on-call contract with the City of Burlington,Washngton Highlighted projects include the George Hopper Interchange Project, for which Dave acquired real property, provided advisory services to the City, and coordinated with WSDOT local programs to nominate this project as a Transportation Improvement Project eligible for FHWA funding • Project Managei, Pierce County Acquisitions foi 176th Street E—Dave served as the Project Manager for this 54-parcel project, which required close coordination with Pierce County's right of ILP,t'1'le P; itVL ve 2 3 � i City of Kent,Washington KE?�T Briscoe-Desimone Levee Project,Right of Way Acquisitions way management team to ensure Uniform Act compliance within Pierce County's organization structure and to prioritize activity to conform to County objectives. • Acquisition Team Manager, XNSDOT Acquisitions for SR 539—Dave served as the Project Manager for this 180+ parcel project, which involved a wide variety of highest and best uses and parcel sizes He acquired real property, attended public meetings as a WSDOT representative, developed economic justifications for settlements, motivated and trained agents, and coordinated with the engineering firm • Ptoject Certification,Pierce County Foothills Trail—Dave worked with the Burlington Northern Santa Fe Railroad and various land owners to perfect the title to the rail corridor and certify acquisitions for Federal funding reimbursement for the Foothills Trail Rails to Trails Program. This project required an intense title examination and search for case law and local decisions that applied to title after abandonment Ted Parry,J.D.,is our Senior Acquisition and Relocation Agent in Washington He is an attotney licensed to practice law in 117arhutgton as well as a Cerl fed 1Vashi,igton Real Estate Bioker(License No. 95838) His previous experience includes working as a Thurston County Public Defender, Renton City Attorney, and Pierce County Deputy Prosecuting Attorney,where he successfully negotiated,tried, and evaluated a large criminal law caseload In these roles,Ted provided outside-of-the-box solutions that benefitted his clients and the public,he continues to do this as an Acquisition and Relocation Agent for Tierra His negotiating skills, combined with his knowledge of real estate law, have proven to be invaluable to our public agency clients Ted approaches his assignments with the uridetstanduig that the owner is going to have questions and issues that need to be resolved before any acquisition will be complete.He focuses on resolving those issues first to the satisfaction of the property owner Once those issues are resolved,most monetary considerations related to the issues are eliminated and the owners are more receptive to signing the acquisition documents. For this project, Mr Parry will be the primary negotiating agent Samples of his similar project experience include. • Senior Right of Way Agent, City of Forks Bogachiel Way Road Widening Project—Ted was the Senior Right of Way Agent responsible for the acquisition of partial fee estates from 11 parcels and 16 temporary construction easements for this American Recovery and Reinvestment Act (ARRA)-funded road widening project.He reviewed title insurance,negotiated partial reconveyances, recorded deeds, and processed the disbursement of funds to property owners on time to meet Federal stimulus fund deadlines All work was completed within a 45-day period from the date the right of way plans were approved by WSDOT The project was testified by WSDOT on the 466 day • Senior Right of Way Agent, Pierce County On-Call Contract—Under Tieiia's on-call contract with Pierce County, Ted completed partial and total acquisitions for a 50-parcel road widening project (176Lh Street East) He was personally responsible for 36 parcels and avoided condemnation on 35 of those, successfully using mediation to settle complex acquisitions • Senior Right of Way Agent, Cit}-of Kent: SE 25611, Street Impiovement Project—Ted served as the Senior Right of Way Agent for all task assignments awarded to Tierra for this project. His negotiation skills were successfully used to acquire four commercial properties, two of which had out-of-town or out-of-country owners He also negotiated a possession and use agreement for a fifth parcel so the project schedule would be maintained Qualifications and Experience of the Firm Tierra's Acquisition and Relocation Agents have worked extensively for public agency clients since 1989 Our team of right of way experts has a diverse background. Each of our Agents and Project Managers possess specialties and experience in the real estate field,allowing us to provide a well-rounded and dynamic team that can deliver a multitude of projects for our Nashington clients All members of our right of way team are familiar with the basic knowledge and skills required of a professional Acgwsition/Relocation Agent and are cross-trained in other specialty areas Our team approach provides full project coverage to prevent delays due to individual absences Select firm experience is described in more detail below. Client izfeienees are ptnuided on Page 9 4 City of Kent,Washington KEyNT Briscoe-Desunone Levee Project,Right of Way Acquisitions Acquisition, Relocation, Appraisal Rvview, Property Management, acid Title Services, WSDOT— Under this on-call contract,Tierra Acquisition and Relocation Agents acquired a combination of commercial and residential property types in diverse neighborhoods and rural and urban settings under FHWA and WSDOT LAGs We have completed numerous projects, all of which were completed on time and within budget, including SR 9, Prairie Road to Thunder Creek Vic,which involved the acquisition of 24 rights of entry,SR 20, Quiet Cove,which involved the acquisition of 30 rights of entry, SR 539, Horton Road to Ten Mile Road,which involved the acquisition of 8 parcels,SR 516,204th Avenue SE to 211th Avenue SR,which involved the acquisition of 12 parcels, SR 522, which involved the acquisition of 25 commercial and residential parcels, SR 900,which involved the acquisition of 22 commercial and residential parcels, and the Interstate 5 HOV Lane Project in Everett, which involved the acquisitions of 8 parcels and included acquisitions from the City of Everett and the Port of Everett Bogachiel Way Acquisition and Relocation, City of Forks—Tierra provided right of way services for the acquisition of property and property rights, relocation, appraisal coordination, market analysis, title reports, project management,utility consultation,and closing services for the Bogachiel Way and SR 101 project This project consisted of 16 residential and commercial properties The project was certified by WSDOT 46 days after acquisitions began, meeting the shovel-ready requirements of ARRA stimulus fund legislation Tierra's Agents prepared diaries, documents, and files that met WSDOT requirements in the first review, and presented the acquisition proposal to Public Hospital District No 1 at a board meeting The proposal was unanimously approved on the first motion. City of Kent. SE 256th Street Improvement Ptoject—Tierra's assignment was to acquire partial fee interests from five commercial property owners on each side of SE 256th Street Two owners were large corporations with offices outside of Washington,one of those being foreign-owned Tierra completed four of the five acquisitions successfully. To maintain the project schedule, Tierra negotiated a possession and use agreement with the fifth owner prior to project completion. Tierra received the Notice to Proceed from the City in mid-October 2012 and completed the project by the end of December 2012 Thus project was E completed at the contract value issued by the City of Kent. 176th Street East Piojeet, Pierce County—Tierra was awarded an on-call contract with Pierce County to provide acquisition negotiations, relocation assistance, and title services, including escrow and certification, appraisal, and appraisal review One highlighted project is the 176th Street East project, which involves widening 176th Street East from Waller Road to 51st Avenue Tierra and its Agents provided acquisition, appraisal,appraisal review services,and acquired 51 residential and commercial parcels On-Call Acquiduoti, Relocation, Project Management, and Utility Coordination, City of Everett— Tierra provided acquisition, relocation,project management,utility coordination, and closing services for the 112th Avenue SE and SR 527 acquisition and relocation projects, which consisted of 25 residential and commercial properties in the City of Everett,Washington La Canada Drive, Ina Road to Calle Concordia,Pima County—Tierra acquired partial fee and easement interests across 56 parcels for this project,which widened La Canada Drive from 3 to 5 lanes In addition to the partial fee and easement interests, three full acquisitions were completed and the tesidential occupants were relocated Treria also provided coordinating appraisal inspections and title research. Interstate 10 Widening at Pieaeho, ADOT—Tierra prepared a formal Relocation Plan for this highway widening project affecting approximately 155 parcels of residential and commercial land Tierra was recently awarded Phase II of tlus project,which includes total-take acquisition of 31 properties,partial-take acquisition of 12 properties,and relocation assistance for 40 cbsplacees Project Approach Acquiring right of way for public and private projects is inherently a challenge Property owners do not want to give up any rights to their property, period Most every property owner within a project's linuts is a "NIMBY" (Not in my back yards) from the start Thus, out staff has been threatened with legal action if the project impacts their property, and many of our staff have been threatened with bodily harm by property Lel7.,6i 5 i City of Kent,Washington Bmcoe-Desimone Levee Pmject,Right of Way Acquisitions owners But we persevere,we educate,and we negotiate for win-win outcomes Property owners impacted by a project will always first say"no" to a project when they learn that their property is impacted Tierra moves forward with the belief that their "no" really means that they do not "know" enough about the project and the acquisition process to be comfortable in negotiating a win-win outcome Tierra's philosophy is that acquisitions that begin with education about the project's benefits and the acquisition process will result in negotiations with win-win outcomes for both parties and successful acquisitions By following this philosophy, Tierra has achieved a P5% success rate in completing acquisztzon assignments witbout the use of a client agency's mitnent domain powers. In all of the projects referenced in this proposal, out approach has been to learn everything we can about the project, the properties impacted, and the property owners first We review the project objective, project design plans and documents available, and we discuss the project with project team members We have to establish the reasons for the project design,what alternatives may exist and under what conditions, and determine not only the impacts to each property but the benefits the project will bestow upon the property owner. This allows us to educate the property owner during the acquisition process and convert their"no'Y'into knowledge of the project and their options Upon receipt of the title reports for each property,we review them to determine the condition of title and requirements necessary to convey the interest to be acquired We search the Internet for information about each property owner so that we have some advanced insight as to whom we will be negotiating with (Le, it is nice to know ahead of tune that a property owner is the cousin of a County Commissioner) Ownership and property data is then entered into a line list This list is created in Excel and can be copied into various forms for status reports and mail merges of tight of way agreements, purchase agreements, summary statements, and other related right of way documentation, thus increasing efficiency in document preparation Tierra adheres to Federal and State laws that regulate the purchase of property and property rights under the threat of condemnation The Uniform Act requires that each person from whom property or property rights is to be acquired be provided with a brochure that explains the acquisition process Out Agents will provide this brochure to each property owner during our first visit with them We will review pertinent sections of the acquisition brochure with the property owner and answer any questions they may have about the acquisition process The first meeting with a property owner is critical to the success of the project.It sets the tone for all future meetings with the property owner At this meeting,we educate the property owner about the project and the process It also gives our Agent die opportunity to begin building a rapport with the property owner This is done by asking questions such as "I noticed your Golden Retriever They are great pets, aren't they?" and"Do you know what a slope easement is?" We will invite the owner to accompany the appraiser on the appraisal inspection so that the property owner can point out anything in their mind that provides value to their property This allows the appraiser to address those items in their appraisal report.When an owner sees that the appiatser has mentioned their value points in the appraisal of theu property,it helps eliminate many of their fears and confirms that what they are being offered by the acquiring agency is reflective of the market value, this promotes fairness in the transaction When the appraisal is approved by the City, the City's Project Manager or designate will transmit the appraisal and the review appraisal report to Tierra to begin drafting the purchase documents The Tierra Agents assigned to the project will review the appraisal report thoroughly to famnhanze themselves with the value opined so that they are better positioned to advocate the value on behalf of the City This also leads to better education of die property owner and more"win-win"outcomes Utilizing the project Line List, an acquisition package will be prepared via mail merge The acquisition package will typically include an offer letter, the purchase agreement, the conveyance document, a summary statement of just compensation, a legal description and survey exhibit, a second acquisition brochure,a full copy of the appraisal report,and any document which may be necessary to clear title issues as determined from the title report The acquisition package will be reviewed for accuracy and content by Tierra's Project Manager Upon completion of the internal quality assurance review, the acquisition package will be submitted to the City Project Manager or designate for review and approval When approved by the '— 6 City of Kent,Washington KENT Briscoe-Desimone Levee Project,Right of Way Acquisitions City, multiple copies of each will be produced, as required by the client for presentation to the property owner Tierra's Right of Way Agent will schedule a meeting with the property owner. At this meeting, the City's offer to purchase will be presented to the property owner Our Agent will review the value methodology and the process by which the appraiser derived the value offered to the owner Ozzr 95%success rate is directly related to ozrrAgent's ahtlzty to explain the appraisal melbodology and value to an owner, as well as the myriad of documents we are asking dem to sign. Often, an owner that reviews an appraisal by his or herself doesn't understand how the value was derived,resulting in prolonged negotiations and counter offers However,our experience has found that if our Agents can spend a few hours up front with the owner explaining the appraised value and what the owner is signing, there is a higher incidence of the owner agreeing to the appraised value within a few days of presenting the City's offer This also helps to elevate our Agent into a position of trust and integrity with the owner For those owners who do not agree to an acquisition upon the presentation of the City's offer, our Agent will regularly follow up to resolve issues or concerns. If an owner is concerned about a construction issue, our Agent will utilize a right of way commitment to memorialize any construction conditions which need to be adhered to in order to secure the owner's agreement to the acquisition Our objective is to move the acquisition forward not by exerting pressure on a property owner, but rather by resolving all issues and concerns, thus eliminating any objection to the completion of the acquisition In the event that an owner is unwilling to grant the required right of way and an approved settlement cannot be negotiated, Tierra will prepare and deliver to the owner the required condemnation notices, close its acquisition file, and prepare a request for condemnation, transmitting these items to the City's Project Manager Tierra will provide condemnation support as directed to complete the acquisition, however, our cost proposal does not include such services When an acquisition has been completed without the use of condemnation, the acquisition documents signed by the owner will be forwarded to the City for its approval and signature. When the documents are complete, an escrow will be opened with the tide company that prepared the title report The title company will prepare any necessary documents to complete the conveyance to the City of the right of way, account for funds received from the City and disbursed to the owner, and issue a title insurance policy for the benefit of the City in an amount equal to the value negotiated. Irinally, the title company will record the conveyance at the King County Recorder's office 'Berra will obtain a copy of all documents produced and utilized by the title company for inclusion in our closed acquisition file Within 30 days of receipt of this documentation, Tierra will prepare and transmit to the City a full and complete acquisition file to include all relevant documents and exhibits, closing documents,and a signed copy of the negotiatois diary Project Management For the Briscoe-Desimone Levee project to succeed,it is not just important that the selected consultant work as a team with the City's Project Manager and other team members, it is craticaP The selected consultant must provide the City will a lugh level of transparency and interaction The City should be able to easily monitor the progress of the project at anytime of the day Tierra delivers this high-level project management through the use of our custom project management software,LandSoft All actions performed by our Agents and Project Managers are documented daily in Tierra's Lanffoft Right of Way Database LandSofl organizes right of way projects by parcel,providing the user with the ability to document meetings, actions, direction given and received, e-matls, and time utilized for each entry These entries evolve into the Right of Way Agent's log of the acquisition This log becomes a piece of our final dehverable to the City, and its contents help your condemnation attorneys formulate their strategy if a condemnation action must be used to complete an acquisition. LandSofl further acts as cloud-based file storage, allowing any form of electronic document to be uploaded for storage and retrieval at a later time. Laiiffoft also provides various template status reports for right of way projects. Once the form of status report to be used is determined, it will be available 24/7, allowing you to retrieve up-to-the-minute project information. l;err?-, ?;cItr 10 i ,> City of Kent,Washington Briscoe-Destmone Levee Project,Right of WayAcgwsitions LandSoft entries and actions can be monitored by the City through a client access portal, providing j transparency and promoting interaction between City and Tierra staff Since L1andSoft is web-based,no special software is needed by our client to access the client portal The only thing the City will need to use L_rndSoftrs an internet connection,a username, a password,and the web address The client portal provides the City with the latest project-related data, as soon as a note is entered or a document is uploaded, it is available to an authorized LaadSoft user Tierra's Project Manager will meet with the City's Project Manager at least bi-weekly to discuss project progress, the project schedule, project-related issues, and more Each month, Tierra will report the status of the acquisition budget proposed Unused budget from an acquisition completed quickly is available for those more difficult acquisitions, and this information is tracked and reported each month Between our Project Approach and Project Management abolwes, Tierra bar the mouires and experience the City of Kent needs to complete The Bnscoe-Desamone Project sucres futdj. i I I e1'r�i �Cc` Itv ��1 8 City of Kent,Washington �^'`KEI�? Briscoe-Desimone Levee Project,Right of Way Acquisitions Cost Estimate owners : Parcel Numbers : Acquisition Type- Cost to Acquire:. PCS Properties,LLC 7888800080,7888800090 Fee or Easement $4,750 00 King County 7888800100 Fee or Easement $4,650 00 Market Contractors,Ltd 7888800131,7888800130 Fee or Easement $4,750 00 Stress-Tek,Inc 7888800140 Fee or Easement $4,650 00 TOTAL: $18,800.00 This cost proposal groups ownerships into negotiation units based on the larger parcel determined by the appraiser The proposed cost in the table above is our fee to negotiate the identified property interests for all parcels owned by the person listed in the ownership column above This is a not-to-exceed cost that will be invoiced on a time and materials basis Unused budget leftover from an acquisition completed quickly will be made available to complete more difficult acquisitions Our cost includes sufficient time for a supervisor or Project Manager to meet at least every other week with the City via telephone, to provide progress reports and updates It is also assumed that Tierra will receive all parcel assignments and related documentation within 10 business days of receipt of the first assignment Our cost does not include the following • Title Reports,it is assumed that the City will provide these at the start of the project. • Legal Descriptions and Exhibits;it is assumed that the City will provide these at the start of the project • Appraisal Reports,Review Appraisals,or Project Funding Estimates,it is our understanding that the City of Kent is requesting these items through a separate RFP or aheady has them • Phase I Environmental ESAs;it is assumed that the City has already completed any needed environmental screening,and any known hazards will be reflected in the appraisal reports or the City will provide special direction on how they want the hazards mitigated • Forms of Purchase Agreements and Conveyance Documents;it is assumed that the City has such forms prepared and will provide them to Tierra upon issuing a Notice to Proceed i f 1 9 ,1. City of Kent,Washington Briscoe-Desunone Levee Project,Right of Way Acquisitions Staff Availability Staff: Current Availability: Dave Parry 30% Ted Parry 60% Mack Dickerson 15% Our Senior Agents typically carry a workload of 40 acquisition assignments at any given time.The above table is based on their current workload as of this date. Thus, for Ted Parry whom we propose as our primary negotiator, he is currently working on only 16 acquisition assignments and can handle an additional 34 acquisition assignments References The following persons may be contacted to provide professional references for Tierra in relation to the provision of relocation,acquisition,and related services. WSDOT Barbara Bulzomi,(206)440-4208 Snohomish County Public Utility District Paula Morgan (retired), (520) 825-9753 Pierce County,Washington Jennifer Walker,(253)798-7025 City of Forks,Washington Dave Zellar, (360)374-5412 Pima County Department of Public Works Nett Konigsberg,(520)740-6313 City of Tucson Tun Murphy, (520) 837-6712 Dorothy Weideman, (520) 837-6720 } ��erf<< rC;�lty �r 10 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate for each 1 year policy period. Stop Gap and Employer's Liability coverage shall be included. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City, King County and the King County Flood Control Zone District shall be named as Additional Insureds under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City, the District and the County. All endorsements adding Additional Insureds shall be issued on form CG 20 10 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability (Errors & Omissions) insurance appropriate to the Consultant's profession. EXHIBIT B (Continued) B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate for each 1 year policy period. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of at least $1,000,000 per accident. 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: 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, King County Flood Control Zone District and King County shall be named as an additional insureds 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, the Flood Control Zone District and King County 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. EXHIBIT B (Continued) D. Consultant's Insurance for Other Losses The Consultant shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Consultant's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Consultant, or the Consultant's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Consultant and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. 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 Automobile Liability and Commercial General Liability insurance of the Consultant before commencement of the work. H. 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. OP ID*JC ACORD CERTIFICATE OF LIABILITY INSURANCE DATE /15//1'YYYI 05l15/13 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 602-264-5533 CONTACT Stuckey Ins&Assoc Agencies NAME ONE FAX PH 5343 N.16th Street,Suite 110 602-279-9336 C Ne Exit ac No Phoenix,AZ 85016 EMAIL Scott Schmidt ADDRESS PRODUCER TIE RR-4 CUSTOMER ID# INSURER(S)AFFORDING COVERAGE NAIC# INSURED Tierra Right of Way INSURER Phoenix Insurance Company 125623 1575 E River Rd.#201 INSURER B Travelers Prop Cas of America 25674 Tucson,AZ 85718-5831 INSURER C Travelers Indemnity Company 25658 INSURER D Travelers Indemnity Co of CT 25682 INSURER E XL Specialty Ins Co 37885 INSURER F COVERAGES CERTIFICATE NUMBER 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 I rypE OF INSURANCE D U POLICY EFF POLICY EXP LIMITS LTR IIN O POLICYNUMBER MM/DD/YYYY MMIDD/YYYY GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X 68048321_470 07/10/12 07110113 PREMISES fEa occurrence $ 300,000 CLAIMS-MADE FX I OCCUR MED EXP(Any one person) S 10,000 X Contractual Liab PERSONAL&AOV INJURY 5 1,000,D00 X XCU coverage NO DEDUCTIBLE GENERAL AGGREGATE $ 2,000,D00 GEN'LAGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OPAGG $ 2,000,DOO POLICY X PRO LOC $ AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT S 1,000,00 (Ea accident) B X ANY Auro BA6399L303 07l10/12 07/10/13 BODLY INJURY(Per person) $ ALL OWNED AUTOS NO DEDUCTIBLE BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNEDAUTOS $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ S,000,OO C X CUP7180YO34 07/10/12 07/10/13 DEDUCTIBLE $ X RETENTION 5 10000 $ WORKERS COMPENSATION X WC STATU- OTH- ANDEMPLOYERS'LIABILITY TCRY LIMITS ER D ANY PROPRIETORIPARTNERIEXECUT VE YIN UB9213Y784 07/10/12 07/10/13 E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED> ❑N N/A: X (Mandatory In NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 E Professional Liab X IDPR9700652 07/10/12 07/10/13 IPer Claim 2,000,000 Includes INETWORK SECURITY LIAB. lAggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Professional Liability-Claims Made-Retro Date 5/11198 Re' Briscoe Levee Reach 3 Project The City of Kent,King County Flood Control District and King County are additional insureds as per written coverage as respects to general liability coverage on a primary and non contributory basis Waiver of subrogation CERTIFICATE HOLDER CANCELLATION CZKEN-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD HOLDER CODE CZKEN-1 TIERR-4 PAGE NOTEPAD. INSURED'S NAME Tierra Right of Way OP ID•JC DATE 06/16/13 applies as indicated. CA T3 40 08 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION 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 the endorsement. Paragraph 5.Transfer of Rights Of Recovery Against Others To Us of the CONDITIONS section is replaced by the following. S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident' or "loss", provided that the "accident' or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 40 08 08 Privacv I Legal Notices C-2008 t-F "rav2a,s Cornnanrps Inc COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED JNSURANCE (Section III) for this Coverage (Section II): Part Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring Insurance"to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): ; Part, but only with respect to liability for bodily in- However, if you specifically agree in a "contract or I jury", "property damage" or "personal Injury" agreement requiring insurance"that the Insurance caused, in whole or in part, by your acts or omis- provided to an additional Insured under this Cov- dons or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf primary and non-contributory basis, this Insurance a. In the performance of your ongoing opera- is primary to other Insurance that is available to dons, such additional insured which-covers such addi- b. In connection with premises owned by or tional Insured as a named Insured, and we will not rented to you; or share with the other Insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily Injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement Insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the Insured is limited as follows. when the Insured is an additional insured under d. This insurance does not apply on any basis to any other insurance any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part DITIONS(Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services" payments we make for "bodily Injury", "property f. The limits of Insurance afforded to the adds- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance"with Ing insurance" to provide for that additional that person or organization We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less This endorsement does not increase the ance"'-with` such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 0 2007 The Travelers Companies,Inc Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc,with its permission D0168B COMMERCIAL GENERAL LIABILITY ti injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily Injury" and i sonal Injury"offense is committed "property damage" occurs, and the "personal in- +! D. The following definition is added to DEFINITIONS jury is caused by an offense committed (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement, means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you-are required to include a person or in effect; and organization as an additional insured on this Gov- c. Before the end of the policy period E I I I 1 Page 2 of 2 ®2007 The Travelers Companies,Inc CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office,Inc,vath its permission I WC00031300 WAIVER OF OUR RIGHT TO RECOVER FROM G OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule. {This f agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us ) i This agreement shall not operate directly or Indirectly to benefit any one not named in the Schedule SCHEDULE DESIGNATED PERSON DESIGNATED ORGANIZATION:as required by written contract WC 00 03 13 00 Privacy l Legal Notices 02008 The Travelers Companies,Inc e I t I 1 I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILfTY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. —T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage The following listing is a general coverage description only Limitations and exclusions may apply to these coverages Read all the PROVISIONS of this endorsement carefully to determine rights,duties,and what is and is not covered. A. Broadened Named Insured N. Additional Insured — Architect, Engineer Or B. incidental Medical Malpractice Surveyor C. Reasonable Force — Bodily injury Or Property O. Who Is An Insured—Newly Acquired Or Formed Damage Organizations D. Non-Owned Watercraft— Increased To Up To 75 P. Who Is An Insured — Unnamed Partnership Or feet Joint Venture—Excess E- Aircraft Chartered With Crew 0. Per Project General Aggregate Limit F. Extension Of Coverage — Damage To Premises R. Knowledge And Notice Of Occurrence Or Rented To You Offense G. Malicious Prosecution — Exception To Knowing S. Unintentional Omission Violation Of Rights Of Another Exclusion T. Waiver Of Transfer Of Rights Of Recovery H. Medical Payments Limit Against Others To Us When Required By Con- t. Increased Supplementary Payments tract Or Agreement J. Additional Insured — Owner, Manager Or Lessor U. Amended Bodily Injury Definition Of Premises V. Amended Insured Contract Definition — Railroad Easement K. Additional Insured—Lessor Of Leased Equipment W. Amended Property Damage Definition—Tangible L. Additional Insured — State Or Political Subdivi- Property sions—Permits Relating To Premises X. Additional Definition — Contract or Agreement M. Additional Insured — State Or Political Subdivi- Requiring Insurance sions—Permits Relating To Operations PROVISIONS coverage for any such additional organization A. BROADENED NAMED INSURED will cease as of the date, if any, during the policy period, that you no longer are the sale 1. The Named Insured in Item 1. of the Com- owner of, or maintain the majority ownership mon Policy Declarations is amended as fol- interest in,such organization. lows: 2. This Provision A. does not apply to any per- The person or organization named in Item 1. son or organization for which coverage is ex- of the Common Policy Declarations and any eluded by another endorsement to this Cov- orgarnzatwn, other than a partnership, pint erage Para. venture, limited liability company or trust, B. INCIDENTAL MEDICAL MALPRACTICE which you are the sole owner or in which youu maintain the majority ownership interest on 1. The following is added to Paragraph 1.Insur- the effective date of the policy However, ing Agreement of COVERAGE A BODILY t CG D3 79 09 07 0 2007 The Travers Companies,Inc Page 1 of 8 s 5 t t i COMMERCIAL GENERAL LIABILITY INJURY AND PROPERTY DAMAGE LI- C. REASONABLE FORCE — BODILY INJURY OR ABILITY in COVERAGES(Section 1) PROPERTY DAMAGE "Bodily injury" arising out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render, "first aid" or "Good Sa- Paragraph 2. Exclusions of COVERAGE A mantan services" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE co-"employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section I) is de- deemed to be caused by an "occurrence" leted and replaced by the following. For the purposes of determining the applica- Expected Or Intended injury Or Damage ble limits of insurance, any act or omission together with all related acts or omissions in "Bodily injury" or "property damage"expected or the furnishing of the services to any one per- intended from the standpoint of the insured This son will be deemed one"occurrence". exclusion does not apply to "bodily injury" or 2. As used in this Provision B. "property damage" resulting from the use of rea- sonable force to protect any person or property, a. "First aid" means medical or nursing ser- D. NON-OWNED WATERCRAFT — INCREASED vice, treatment, advice or instruction; the TO UP TO 75 FEET related furnishing of food or beverages, the furnishing or dispensing of drugs or 1. The exception contained in Subparagraph(2) medical supplies or appliances, of the Aircraft, Auto Or Watercraft Exclu- sion in 2. Exclusions of COVERAGE A b. "Good Samaritan services" means those BODILY INJURY AND PROPERTY DAM- medical services rendered or provided in AGE LIABILITY in COVERAGES(Section 1) an emergency and for which no remu- is deleted and replaced by the following. neration is demanded or received 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- (2) A watercraft you do not own that is: SURED (Section 11)does not apply to any of (a) Less than 75 feet long,and your "employees", who are not employed as (b) Not being used to carry persons or a doctor or nurse by you, but only while per- property for a charge, forming the services described in Paragraph 2, Only as respects the insurance provided by 1.above and while acting within the scope of this Provision D., WHO IS AN INSURED ' their employment by you Any such "employ- (Section il) is amended to include as an in- ees" rendering "Good Samaritan services" sured any person who, with your expressed will be deemed to be acting within the scope or implied consent, either uses or is respon- of their employment by you sible for the use of the watercraft. 4. The following exclusion is added to Para- 3. The insurance provided by this Provision D. graph 2 Exclusions of COVERAGE A BOD- shall be excess over any valid and collectible ILY INJURY AND PROPERTY DAMAGE other insurance available to the insured, LIABILITY in COVERAGES (Section I): whether primary, excess, contingent or on Sale of Pharmaceuticals any other basis, except for insurance pur- "Bodiily injury"or"property damage" aris- chased specifically by you to apply in excess ing out of the willful violation of a penal of the Limits of Insurance shown in the Decla- statute or ordinance relating to the sale of rations for this Coverage Part. pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED WITH CREW knowledge or consent of the insured 1. The following is added to the exceptions con- 5. The insurance provided by this Provision B. tained in the Aircraft, Auto Or Watercraft shall be excess over any valid and collectible Exclusion in Paragraph 2. Exclusions of i other insurance available to the insured, COVERAGE A BODILY INJURY AND whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY in COV- any other basis, except for insurance pur- ERAGES(Section Q- # chased specifically by you to apply in excess Aircraft chartered with crew, including a pilot, of the Limits of Insurance shown in the Decla- to any insured. rations for this Coverage Part. { i Page 2 of 8 DES 2D07 The Travelers Companies,Inc CG D3 79 09 07 f t s t COMMERCIAL GENERAL LIABILITY I i 2. This Provision E. does not apply if the char- any one premises while rented to you, or k tered aircraft is owned by any insured temporarily occupied by you with permission !€ 3. The insurance provided by this Provision E. of the owner, caused by fire; explosion, light- shall be excess over any valid and collectible ning, smoke resulting from such fire, explo- other insurance available to the insured, sion, or lightning, or water The Damage To whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other basis, except for insurance pur- all "property damage" proximately caused by chased specifically by you to apply in excess the same "occurrence", whether such dam- of the Limits of Insurance shown in the Decla- age results from fire, explosion; lightning; rations for this Coverage Part. smoke resulting from such fire, explosion, or F. EXTENSION OF COVERAGE — DAMAGE TO lightning, or water, or any combination of any of these causes PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A BOD- The Damage To Premises Rented To You Limit will be the higher of: ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1) is a. $1,000,000,or t deleted and replaced by the following b. The amount shown for the Damage To Exclusions c. through n. do not apply to dam- Premises Rented To You Limit in the age to premises while rented to you, or tem- Declarations for this Coverage Part porrarily occupied by you with permission of 4. Paragraph a. of the definition of"insured con- the owner,caused by tract'in DEFINITIONS (Section V)is deleted a Fire; and replaced by the following. b. Explosion; a. A contract for a lease of premises How- c. Lightning; ever, that portion of the contract for a lease of premises that indemnifies any d. Smoke resulting from such fire, explo- person or organization for damage to sion,or lightning;or premises while rented to you, or tempo- e. Water. ranly occupied by you with permission of the owner, caused by, fire, explosion, A separate limit of insurance applies to this lightning, smoke resulting from such fire, coverage as described in LIMITS OF IN- explosion, or lightning, or water is not an SURANCE(Section 111) "insured contract', 2- The insurance under this Provision F. does 5. This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you with COVERAGE A BODILY INJURY AND permission of the owner,caused by PROPERTY DAMAGE LIABILITY in COV- a. Rupture, bursting, or operation of pres- ERAGES (Section 1) is excluded by another sure relief devices, endorsement to this Coverage Part b. Rupture or bursting due to expansion or G. MALICIOUS PROSECUTION—EXCEPTION TO swelling of the contents of any building or KNOWING VIOLATION OF RIGHTS OF AN- structure, caused by or resulting from wa- OTHER EXCLUSION ter, or The following is added to the Knowing Violation c. Explosion of steam boilers, steam pipes, Of Rights Of Another Exclusion in 2. Exclu- #t steam engines,or steam turbines. signs of COVERAGE B PERSONAL INJURY, 3. Paragraph 6. of LIMITS OF INSURANCE ADVERTISING INJURY AND WEB SITE IN- (Section 111) is deleted and replaced by the JURY LIABILITY of the WEB XTEND LIABILITY following: Endorsement Subject to S. above, the Damage To Prem- This exclusion does not apply to "personal injury" ises Rented To You Limit is the most we will caused by malicious prosecution. pay under Coverage A for the sum of all damages because of "property damage" to CG D3 79 09 07 0 2007 The Travelers Companies,Inc Page 3 of 8 I { I COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LIMIT (2) Any structural alterations, new con- The Medical Expense Limit shown in the Declara- struction or demolition operations tions for this Coverage Part is increased to performed by or on behalf of such $10,000 additional insured,or 1. INCREASED SUPPLEMENTARY PAYMENTS (3) Any premises for which coverage is Paragraphs 1 b. and 1.d. of SUPPLEMENTARY excluded by another endorsement to this Coverage Part PAYMENTS — COVERAGES A AND B in COV- ERAGES(Section I)are amended as follows. 3. This Provision J. does not apply on any basis to any person or organization for 1. in Paragraph 1.b., the amount we will pay for which coverage as an additional insured the cost of bail bonds is increased to$2500. specifically is added by another en- 2. In Paragraph IA., the amount we will pay for dorsement to this Coverage Part. loss of earnings is increased to$500 a day K. ADDITIONAL INSURED — LESSOR OF J. ADDITIONAL INSURED — OWNER, MANAGER LEASED EQUIPMENT OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section II) is 1. WHO IS AN INSURED (Section 11) is amended to include as an insured* amended to include as an insured: Any person or organization that you have Any person or organization that you have agreed in a contract or agreement to include agreed in a contract or agreement to include as an additional insured on this Coverage as an additional insured on this Coverage Part,but. Part, lout. a. Only with respect to liability for"bodily in- a. Only with respect to liability for"bodily in- jury"or"property damage"that occurs, or jury" or"property damage"that occurs, or "personal injury" caused by an offense "'personal injury" caused by an offense committed, after you have entered into committed, after you have entered into that contract or agreement, and that contract or agreement;and b. Only if the "bodily injury", "property Jam- b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in age" or "personal injury" is caused, in whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, in the forming operations on your behalf, and maintenance, operation or use of equip- arises out of the ownership, maintenance ment leased to you by such additional in- or use of that part of any premises leased sured to you under that contract or agreement 2. The insurance provided to such additional 2. The insurance provided to such additional insured under this Provision K. is subject to insured under this Provision J. is subject to the following provisions. the following provisions a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide in the can- which you agreed to provide in the con- tract or agreement, or the limits shown in tract or agreement, or the limits shown in the Declarations for this Coverage Part, the Declarations for this Coverage Part, whichever are less, and whichever are less, and b. The insurance afforded to such additional t b. The insurance afforded to such additional insured does not apply. insured does not apply to. (1) To any "bodily injury" or "property (1) Any "bodily injury" or "property dam- damage" that occurs, or"personal in- age" that occurs, or "personal injury' jury' caused by an offense commit- t caused by an offense committed, af- led, after the equipment lease ex- ter you cease to be a tenant in that pires,or premises, } s Page 4 of 8 ®2007 The Travelers Comparues.Inc CG D3 79 09 07 i , i t S COMMERCIAL GENERAL LIABILITY (2) If the equipment is leased with an N. ADDITIONAL INSURED — ARCHITECT, ENGI- operator. NEER OR SURVEYOR 3. This Provision K.does not apply on any basis 1. The following is added to Paragraph 2. of to any person or organization for which cov- WHO IS AN INSURED (Section 11)to Include erage as an additional Insured specifically Is as an insured added by another endorsement to this Cov- Any architect, engineer or surveyor engaged erage Part by or for you that you agree In a "contract or L. ADDITIONAL INSURED — STATE OR POLITI- agreement requiring Insurance" to Include as CAL SUBDIVISIONS — PERMITS RELATING an additional Insured on this Coverage Part, TO PREMISES but only with respect to liability for"bodily in- The following is added to Paragraph 2. of WHO jury", 'property damage" or "personal Injury" [ IS AN INSURED (Section II) to Include as an that is caused, in whole or in part, by acts or insured, omissions of you or any person or organiza- tion acting on your behalf in connection with Any state or political subdivision that has Issued a your premises or"your work" permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only 2. This Provision N.does not apply on any basis with respect to"bodily injury", "property damage", to any person or organization for which cov- "personal injury"or"advertising injury"arising out erage as an additional insured specifically Is of the existence, ownership, use, maintenance, added by another endorsement to this Cov- repair, construction,erection or removal of adver- erage Part tising signs, awnings, canopies, cellar entrances, O. WHO IS AN INSURED—NEWLY ACQUIRED coal holes, driveways, manholes, marquees, hoist OR FORMED ORGANIZATIONS away openings, sidewalk vaults, elevators, street 1. Paragraph 4.a. of WHO IS AN INSURED banners or decorations for which that state or (Section 11) is deleted and replaced by the political subdivision has issued such permit following: M. ADDITIONAL INSURED — STATE OR POLITI- a. Coverage under this provision is afforded CAL SUBDIVISIONS — PERMITS RELATING only until the 180th day after you acquire TO OPERATIONS or form the organization or the end of the The following is added to Paragraph 2. of WHO policy period, whichever is earlier. Any IS AN INSURED (Section 11) to include as an such newly acquired or formed organize- insured: bon that you report in writing to us within Any state or political subdivision that has issued a 180 days after you acquire or form the permit, but only with respect to "bodily injury", organization will be covered under this "property damage", "personal injury" or"advertis- provision until the end of the policy pe- ing Injury- arising out of operations performed by riod, even If there are more than 180 you or on your behalf for which that state or po- days remaining until the end of the policy Idical subdivision has issued such permit How- period, ever, no such state or political subdivision is an 2. This Provision O. does not apply to any or- insured for: gamzation for which coverage is excluded by 1. "Bodily Injury", "property damage", "personal another endorsement to this Coverage Part injury" or "advertising injury" arising out of P. WHO IS AN INSURED—UNNAMED PART- i operations performed for that state or political NERSHIP OR JOINT VENTURE—EXCESS subdivision;or 1. The last paragraph of WHO IS AN INSURED i 2. "Bodily injury" or"property damage" included (Section 11) is deleted and replaced by the within the "products — completed operations following: hazard". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named in- sured in the Common Policy Declarations j CG D3 79 09 07 ®2007 The Travelers companies,inc Page 5 of 8 t COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to Any payments made under Coverage A for your liability with respect to your conduct of damages and under Coverage C for medical the business of any current or past partner- expenses shall reduce the Per Project Gen- ship or joint venture. eral Aggregate Limit for that "protect", but a. That is not shown as a Named Insured in shall not reduce the Common Policy Declarations,and a. Any other Per Project General Aggregate b. In which you are a member or partner Limit for any other"protect", i where each and every one of your co- b. The General Aggregate Limit;or ventures in that joint venture is an archi- c. The Products-Completed Operations Ag- tectural, engineering, or surveying firm gregate Limit 2. This Provision P. does not apply to any per- The limits shown in the Declarations for this son or organization for which coverage is ex- Coverage Part for Each Occurrence, Dam- cluded by another endorsement to this Cov- age To Premises Rented To You and Medical erage Part Expense are also subject to the Per Project 3. The insurance provided by this Provision P. General Aggregate Limit when the Per Pro- shall be excess over any valid and collectible ject General Aggregate Limit applies other insurance, whether primary, excess, 3. As used in the Provision Q.: contingent or on any other basis, which is available covering your liability with respect "Project" means an area away from premises to your conduct of the business of any current owned by or rented to you at which you are or past partnership or joint venture that is not performing operations pursuant to a contract shown as a Named Insured in the Common or agreement For the purposes of determin- Policy Declarations and which is issued to ing the applicable aggregate limit of insur- such partnership or joint venture ance, each "project" that includes premises Q. PER PROJECT GENERAL AGGREGATE LIMIT involving the same or connecting lots, or premises whose connection is interrupted 7. Paragraph 2. of LIMITS OF INSURANCE only by a street, roadway, waterway or right- (Section 111) is deleted and replaced by the of-way of a railroad shall be considered a sin- following, g1e"project" The General Aggregate Limit is the most we R. KNOWLEDGE AND NOTICE OF OCCUR- ' will pay for the sum of RENCE OR OFFENSE a. Damages under Coverage B, and The following is added to Paragraph 2. Duties in b. Damages from "occurrences" under Cov- The Event of Occurrence, Offense, Claim Or erage A and for all medical expenses Suit of COMMERCIAL GENERAL LIABILITY caused by accidents under Coverage C CONDITIONS (Section IV): which cannot be attributed only to opera- Notice of an "occurrence" or of an offense which i bons at a single"project" may result in a claim must be given as soon as 2. The following is added to LIMITS OF IN- practicable after knowledge of the "occurrence" SURANCE(Section III): or offense has been reported to you, one of your executive officers" if you are a corporation),one A separate Per Project General Aggregate ( of your partners who is an individual (if you are a Limit applies to each "project" for all sums partnership), one of your managers (lf you are a which the insured becomes legally obligated limited liability company), one of your trustees to pay as damages caused by "occurrences" who is an individual (if you are a trust), or an under Coverage A and for all medical ex- °employee" (such as an insurance, loss control or penses caused by accidents under Coverage risk manager or administrator) designated by you C which can be attributed only to operations to give such notice at a single "project", and that limit is equal to the amount of the General Aggregate Limit Knowledge by any other"employee"of an"occur- shown in the Declarations for this Coverage rence" or offense does not imply that you also Part have such knowledge. } Page 6 of 8 0 20D7 The Travelers ConVanies.Inc. CG D3 79 09 07 I COMMERCIAL GENERAL LIABILITY Notice of an "occurrence" or of an offense which 4. "Your products". may result in a claim will be deemed to be given We waive these rights only where you have [[ as soon as practicable to us if it is given in good agreed to do so as part of a contract or agree- faith as soon as practicable to your workers'cram- ment entered into by you before, and in effect pensation, accident, or health insurer This ap- when, the "bodily injury" or "property damage" plies only if you subsequently give notice of the occurs, or the "personal injury"offense or"adver- "occurrence" or offense to us as soon as practi- tising injury" offense is committed cable after you, one of your "executive officers" (if you are a corporation), one of your partners U. AMENDED BODILY INJURY DEFINITION who is an individual (if you are a partnership), The definition of"bodily injury" in DEFINITIONS one of your managers(if you are a limited liability (Section V)is deleted and replaced by the follow- company), one of your trustees who is an individ- ing ual (if you are a trust), or an "employee"(such as "Bodily injury"means. an insurance, loss control or risk manager or ad- ministrator) designated by you to give such notice a. Physical harm, including sickness or disease, # discovers that the "occurrence" or offense may sustained by a person; ! involve this policy. b. Mental anguish, injury or illness, or emotional S. UNINTENTIONAL OMISSION distress, resulting at any time from such 1. The following is added to Paragraph fi. Rep- physical harm,sickness or disease, or resentations of COMMERCIAL GENERAL c. Care, loss of services or death resulting at LIABILITY CONDITIONS(Section IV)- any time from such physical harm, sickness The unintentional omission of, or uninten- or disease tional error in, any information provided by V. AMENDED INSURED CONTRACT DEFINITION you which we relied upon in issuing this pol- —RAILROAD EASEMENT icy shall not prejudice your rights under this 1. Subparagraph c. of the definition of "insured insurance contract" in DEFINITIONS(Section V)is de- 2. This Provision S. does not affect our right to leted and replaced by the following. collect additional premium or to exercise our c. Any easement or license agreement; right of cancellation or nonrenewal in accor- dance with applicable insurance laws orregu 2. Subparagraphf.{1) of the definition of "irr latwns sured contract" in DEFINITIONS(Section V) is deleted T. WAIVER OF TRANSFER OF RIGHTS OF W. AMENDED PROPERTY DAMAGE DEFINITION RECOVERY AGAINST OTHERS TO US WHEN TANGIBLE PROPERTY REQUIRED BY CONTRACT OR AGREEMENT The definition of "property damage" in DEFINI- The following is added to Paragraph 8.Transfer TIONS (Section V) is deleted and replaced by of Rights of Recovery Against Others to Us of the following, COMMERCIAL GENERAL LIABILITY CONDI- TIONS(Section IV) "Property damage"means: i We waive any rights of recovery we may have a. Physical injury to tangible property, including against any person or organization because of all resulting loss of use of that property All payments we make for "bodily injury", "property such loss of use shall be deemed to occur at s damage", "personal injury" or "advertising injury" the time of the physical injury that caused it, arising out of. or i 1. Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not pied by you with permission of the owner, or physically injured All such loss of use shall leased or rented to you, be deemed to occur at the time of the"occur- 2. Ongoing operations performed by you, or on rence"that caused it. d your behalf, under a contract or agreement For the purposes of this insurance, tangible prop- ` with that person or organization, erty does not include data, 3. "Your work"; or i i CG D3 79 09 07 ®2007 The Travelers Companies,Inc Page 7 of 8 a i , COMMERCIAL GENERAL LIABILITY i X. The following definition is added to SECTION V— and "property damage"occurs, and the"personal I DEFINITIONS' injury"is caused by an offense committed, "Contract or agreement requiring insurance" a. After you have entered into that contract or means that part of any contract or agreement agreement, under which you are required to include a person b. While that part of the contract or agreement or organization as an additional insured on this is in effect, and Coverage Part, provided that the 'bodily injury" c. Before the end of the policy period. 4 l 1 I i S n s I S i i l 1 Page 8 of 8 ®2007 The Travelers Companies,Inc CG D3 79 09 07 S s i [ i TRAVELERS POLICYNUMBER: BA-63991,303-12-GRP EFFECTIVE DATE: 07-10-12 ISSUE DATE: 07-03-12 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 02 11 89 COMMON POLICY DECLARATIONS IL TS O1 10 93 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS IL TO 01 01 07 COMMON POLICY CONDITIONS COMMERCIAL AUTOMOBILE CA TO 01 02 07 BUSINESS AUTO COV PART ITEMS 1, 2 CA TO 02 11 06 BUSINESS AUTO COV PART DEC- ITEM 3 CA TO 03 03 10 BUS AUTO COV PART DECLARATIONS-40 CA TO 30 11 06 BUSINESS AUTO/TRUCK COV PART-SUPPL SCHD CA TO 31 03 10 TABLE OF CONTENTS-BUSINESS AUTO COV FORM CA 00 01 03 10 BUSINESS AUTO COVERAGE FORM CA T4 59 03 10 AMENDMENT OF EMPLOYEE DEFINITION CA 01 39 12 01 NEW MEXICO CHANGES CA 01 75 07 04 ARIZONA CHANGES CA 04 23 07 04 ARIZONA-FULL GLASS COVERAGE CA 20 48 02 99 DESIGNATED INSURED CA 21 39 07 09 ARIZONA UM COVERAGE CA 21 40 07 09 ARIZONA UIM COVE�AGE CA 31 29 05 08 NEW MEXICO UNINSURED MOTORIST COVERAGE CA 99 03 03 06 AUTO NED PAY COVERAGE CA 99 10 03 10 DRIVE OTHER CAR COV-BROAD COV NAND INSD CA T3 40 OS 08 BLANKET WAIVER OF SUBROGATION r-`l CA T4 37 08 08 BLANKET ADDITIONAL INSURED CA 02 50 02 99 NEW MEXICO CANCELLATION CHANGES CA T3 04 01 87 A.MI+NDED TITLE-AUTO COVERAGE PARTS INTERLINE ENDORSEMENTS IL 00 21 09 08 NUCLEAR ENERGY LIAS ERCL END-BROAD FORM i ?say, IL T8 01 10 93 1, PAGE: 1 OF 1 } POLICY NUMERR: 680-4832L470-PHX-12 EFFECTIVE DATE: 07-10-12 ISSUE DATE: 07-03-12 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. * IL TO 25 08 01 RENEWAL CERTIFICATE * MP TO 01 02 05 BUSINESSOWNERS COVERAGE PART DECS * IL T8 01 01 01 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS IL T3 15 09 07 COMMON POLICY CONDITIONS * IL TO 20 02 05 ADDITIONAL LOCATIONS BUSINESSOWNERS '1 * CP 12 18 06 95 LOSS PAYABLE PROVISIONS * MP T1 30 02 05 TBL OF CONT-BUSINESSOWNERS COV-DELUXE MP T1 02 02 05 BUSINESSOWNERS PROPERTY COV-SPEC FORM MP TI 05 02 05 AMENDATORY PROVISIONS-OFFICES MP PO 01 09 07 ARCHITECTS,ENGINEERS & SURVEYORS END * MP T3 07 03 97 PROTECTIVE SAFEGUARDS-SPRINK&RESTAURANT MP T3 25 01 08 TERRORISM RISK INS ACT OF 2002 NOTICE * MP T3 29 02 05 ERISA COVERAGE MP T3 50 11 06 EQUIP BREAKDOWN SERV INTERRUPTION LIN MP T3 56 02 08 AMENDATORY PROVISIONS-GREEN BLD * MP T1 55 02 05 AMEND EMPLOYEE DISHONESTY LIMIT CP T9 58 02 11 ARIZONA CHANGES CP 01 32 06 04 ARIZONA CHANGES CP 01 60 12 98 WASHINGTON CHANGES, - DOMESTIC ABUSE * CP 12 20 06 07 LOSS PAYABLE PROVISIONS-WASHINGTON MP T4 31 12 09 WA CHANGES L"'. S • COMMERCIAL GENERAL LIABILITY CG D3 15 11 03 BLANKET DESIG LOCATION(S) GENL AGGR LMT CO TO 34 11 03 TABLE OF CONTENTS CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY COV FORM CG D2 55 11 03 AMENDMENT OF COVERAGE - POLLUTION CG D3 09 11 03 AMEND ENDT-PRODUCTS-COUPLETED OPR HAZARD 1 �XG D3 81 99 07 ADDT INSURED ARCHITECT,ENGINEER,SURVEYOR * CG D3 82 09 07 ADDL INSURED-ARCHITECT,ENGINEER,SURVEYOR * CG D4 71 02 09 AMEND COVERAGE B - PERS & ADV INJURY CG 21 70 01 08 CAP Oil LOSSES-gPTIFIED ACTS-TERRORISM Ii CG DO 37 04 05 OTHER INSURANCE-ADDITIONAL INSUREDS * CO D2 03 12 97 AMn-`ND-NON CUMULATION OF EACH OCC f CG D3 '79 09 07 ARCHITECT,ENGINEER,SURVEYOR XTEND ENDORS * CG D4 13 04 08 AMENDMENT OF COVERAGE,-COOLING-POLLUTION I CG D2 88 11 03 EMPLOYMENT-RELATED PRACTICES EXCLUSION * CG D3 26 10 11 EXCLUSION - UNSOLICITED COMMUNICATION { CG D3 56 01 05 MOBILE EQUIP/EXCL VEHICLES SUB TO MV LAW Ipi * CG D3 80 10 11 EXCL-ENGIN ARCHITECT OR SURVEY PROF LIAR * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 01 0101 PAGE: 1 OF 2 I + POLICY NUMBER: CUP-71BOY034-12-47 EFFECTIVE DATE: 07/10/2012 ISSUE DATE: 07/03/2012 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS CG TO 14 04 96 POLICY DECLARATIONS COMMERCIAL EXCESS LIABILITY UMBRELLA IL T8 01 Ol 01 FORMS ENDORSEMENTS AND SCHEDULE NUMBERS UMBRELLA / EXCESS CG DO 23 04 96 SCHEDULE OF UNDERLYING INSURANCE UM 00 01 it 03 COWERCIAL EXCESS LIABILITY UMBRELLA INSURANCE . >UM 03 45 02 00 AUTO LIABILITY - FOLLOWING FORM UM 03 81 01 08 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM -�;7UM 03 92 11 03 EMPLOYERS LIABILITY - FOLLOWING FORM UM 04 45 05 06 AMENDMENT OF WHO IS AN INSURED UM 04 77 07 08 AMENDMENT OF DUTIES IN THE EVENT OF OCCURRENCE OR OFFENSE CLAIM UM 04 88 07 08 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS U.M 05 11 02 09 AMENDMENT OF COVERAGE B - PERSONAS, INCURY AND ADVERTISING IN6UR!Y LIABILITY UM 00 94 08 86 AMENDMENT OF,,COVE RAGE - NAMED INSURED UM 01 52 11 03 EMPLOYEE BENEFITS LIABILITY UM 03 37 01 99 REASONABLE FORCE - BODILY INOURY OR PROPERTY DAMAGE UM 00 76 01 86 NUCLEAR EAFERC-Y LIABILITY EXCLUSION ENDORSE_MENSBROAD FORM Uhl 01 66 08 91 EXCLUSION - LEAD INCLUDING PRODUCTS - COMPLETED OPERATIONS HAZAM UM 01 91 01 02 WAR EXCLUSION UM 01 96 07 96 EXCLUSION - ASBESTOS , UM 04 15 10 11 EXCLUSION - UNSOLICITED COMMUNICATIONS UM 04 49 09 07 EXCLUSION - ARCHITECTS ENGINEERS OR SURVEYORS PROFESSIONAL LIABILITY UM 05 30 03 09 EXCLUSION - DISCRIMINATION U:d 06 09 10 11 EXCLUSION - VTOLATION OF CONSUMER FINANCIAL PROTECTION LAWS UM 01 08 11 03 AZ MANDATORY RwRsmam "!i 1 I INTERLINE ENDORSEMENTS J' IL T3 68 05 10 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE i i I� f IL T8 010101 PAGE: 1 OF 1 REQUEST FOR MAYOR'S SIGNATURE �••� KENT Please Fill in All Applicable Boxes sewed by Director Originator's Name: Ingrid Willms-Dixon DePt/Div. Engineerin /D i n Extension: 5519 Date Sent: S ,jo/i Date Required: 5 Return to: Nancy Yoshitake CONT RACT TERMINATION DATE: 12/31/13 VENDOR: Tierra Right of Way DATE OF COUNCIL APPROVAL: 4/16/13 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached amendment is for Tierra Right of Way to provide i Wry cquisition services for the Briscoe Levee Reach 3 Project. For ad rr 'oci, e the motion sheet. i8 S-00D � � s attached Council mo l� C ff'icCity of the Mayer All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: �} Approval of Law Dept.:`' � � �� 1 R S . 40....I E Law Dept. Comments: SAY 21 2013 I _ Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: RECEIVED Disposition: z/�/� i� /� /� � MAY 2 1 ZOq CITY OF KENT Date Returned: CITY CLERK