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PW13-009 - Amendment - #2 - Allen Brackett Shedd - Briscoe Reach 3 - 04/07/2014
. 11 Records Management?" KENT Document W ws�iNcroH qy. 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: Valbridge Property Advisors I Allen Brackett Shedd Vendor Number: JD Edwards Number Contract Number: TVV 13 � 009 This is assigned by City Clerk's Office Project Name: Briscoe/Desimone Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Casteel Department: Engineering I Detail: (i.e. address, location, parcel number, tax id, etc.): Complete three additional appraisal reports for Riverpointe Two_LLC, Cascade Tukwila LLC and 196th Corridor LLC. S•Publ lc\RecordsMa nagement\Forms\ContractCover\adcc7832 1 11/08 KENT W PS HINGTOV AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Valbrid4e Property Advisors Allen Brackett Shedd CONTRACT NAME & PROJECT NUMBER: Briscoe/Desimone Levee ORIGINAL AGREEMENT DATE: March 25, 2013 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Complete three additional appraisal reports for Riverpointe Two LLC, Cascade Tukwila LLC and 1961h Corridor LLC. For a description, see the Contractor's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $11,250.00 including applicable WSST Net Change by Previous Amendments $7,500.00 Including applicable WSST Current Contract Amount $18,750.00 including all previous amendments Current Amendment Sum $14,250.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $33,000.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/13 (insert date) Revised Time for Completion under 12/31/14 prior Amendments (Insert date) Add'I Days Required (t) for this 0 calendar days Amendment Revised Time for Completion 12/31/14 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: B CITY OF KENT: ZBy: Y (signatur (signature) Print Name: r- Pr n Suzette Cooke Its O /N@ c AyJ Its Mayor (title) (h ) DATE: "t-1-1`F DATE: APPROVED AS TO FORM: (appligble if Mayor's ignaturp required) �,s AAAAAA . vVYv � � Kent Law Department Valbndge-BWscce Amd 2/Casteel AMENDMENT - 2 OF 2 i EXHIBIT A Corporate Office Smithovaor 2oci Valbrid 506 Z�io Avenue,Suite 1001 18728 Bothell Way NE,Suite B 419 Berkeley Avenue,uuiie A r '+ Seattlo,WA 98104 Bollrell,WA 98011 Firn est,INA 98466 ADVISORS206-20().30t6 Bole 425.460 10,lo phono 25�3�274-C999 phone 425-66i3-f,5.9 fas 425-688-i819 fax 425 1'30.1819 tax Allen Brackett Shedd vathridgeCum valbrdgecorn vnitridgecom March 26, 2014 Ms. Kelly Casteel, PE Design Engineering Supervisor City of Kent 220 4th Avenue S, Kent, Washington 98032 RE: BRISCOE-DESIMONE LEVEE ACQUISTION PARCLES (RIVERPOINTE TWO LLC 788890-0170; CASCADE TUKWILA LLC 788890-0150; AND 196T" CORRIDOR LLC 788880-0210) LOCATED IN KENT,WASHINGTON Dear Ms. Casteel: As requested, I have reviewed information relating to the three properties referenced above for the purpose of estimating a fee and timing for completion of Appraisal Reports pursuant to WSDOT guidelines, "before and after" partial fee and easement acquisitions along each parcels' river frontage. Appraisal Reports can be completed within 45 to 60 days of your authorization to proceed for the following fees: • Riverpointe Two LLC: Land and building; loss of 25 parking stalls $6,750 788890-0170 I� • Cascade Tukwila LLC - Land and impacted site improvements $3,750 788890-0150 • 196`h Corridor LLC Land and Impacted site improvements 3 750 788880-0210 Total: $14,250 Thank you for your consideration of Valbridge Property Advisors I Allen Brackett Shedd for this assignment. Please call if you have any questions. Sincerely, VALBRIDGE PROPERTY ADVISORS I ALLEN BRACKETT SHEDD Darin A. Shedd, MAI 1 ® DATE(MMIDD/YYYY) A� CERTIFICATE OF LIABILITY INSURANCE 03127/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES _GLOW. 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 endorsements) PRODUCER NAME Scott Seitz PHONE 253 566-1069 A c,No) 866-566-0991 Soloman Insurance LLC AIc No Ell ( ) 415 Berkeley Ave ADDRESS scott@solomanins corn INSURERS)AFFORDING COVERAGE NAIC S University Place WA 98466 INSURER A Hartford Casualty Insurance Company INSURED INSURER B Bruce C Allen&Associates Allen Brackett Shedd INSURER C A Washington Corporation INSURER D 12320 NE 8th Street,Suite 200 INSURER E Bellevue WA 98005 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 FORTHE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 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 LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDlYYYY (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 300,000 CLAIMS-MADE ©OCCUR MED EXP(Any one person) $ 10,000 A A 52 SBA VX2197 04/01/14 04/01/15 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 4,000,000 POLICY JECOT LOC $ AUTOMOBILE LIABILITY (Ea accident) $ 2,000,000 ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED A 52 SBA VX2197 04/01/14 04/01/15 BODILY INJURY(Per acracent) $ AUTOS AUTOS NONHIRED AUTOS AUTOS D (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LAB CLAIMS-MADE A 52 SBA VX2197 04/01/14 04/01/15 AGGREGATE $ 1,000,000 ICED RETENTIONS 10,000 $ WORKERS COMPENSATION WC STATU- OTH- TORY LIMITS ER NO EMPLOYERS'LIABILITY YIN ANY PROPRIETOR,PARTNERIEXECUTIVE ❑ NIA EL EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ A Emp Stop Gap A 52 SBA VX2197 04/01/14 04/01/15 $1,000,000/$1,000,000/$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space is required) City of Kent is named as additional insured on the General Liablity Policy per the general liablity coverage form SS008,attached to the policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS Timothy J Laporte,P E AUTHORIZED REPRESENTATIVE 400 West Gowe Kent,WA 98032 ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political Inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstiation, installation, period of time required by the contract, servicing or repair operations, agreement or permit except such operations performed at the vendor's premises i However, no such person or organization Is an p g connection with the sale of the additional Insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale you, have been labeled including all persons or organizations added or relabeled used a as additional insureds under the specific container, part orr ingredient o of f any additional insured coverage grants in Section other thing or substance by or for the vendor;or F. —Optional Additional Insured Coverages, a, Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any person(s)or organizations) (referred to negligence of the vendor for Its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: t business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d)or(f), or "products-completed operations hazard". (li) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions undertakes to make in the usual course of business, in This Insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or oiganization from reason of the assumption of whom you have acquired such products, liab[ily in a contract or agreement or any ingredient, part or container, j This exclusion does not apply to entering into, accompanying or I liability for damages that the containing such products vendor would have in the absence of the contract or agreement b Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you: whom you (ease equipment, but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor: caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such i inspection, demonstration, testing, person or organization. j or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, Page 12 of 24 Form SS 00 08 04 05 I CERTIFICATE OF INSURANCE Producer Issue Date 07/03/2013 This Certificate is issued as a matter of information only and LiA ADMINISTRATORS&INSURANCE SERVICES confers no rights upon the Certificate Holder This Certificate P.O Box 1319 does not amend,extend or alter the coverage afforded by the Santa Barbara, CA 93102-1319 policy below Insured: 111764 COMPANY AFFORDING COVERAGE ALLEN BRACKETT SHEDD/BRUCE C.ALLEN &ASSOC , INC/Murray Brackett, MAI Liberty Insurance Underwriters, Inc. 12320 NE 8th Street, Suite 200 Bellevue, WA 98005 Fax Number- 425-689-1919 Authorized Representative This is to certify that the policy of insurance listed below has been issued to the Insured named above for the policy period indicated. Notwithstanding any requitement, term of condition of any contract or other document with respect to which this Certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Limits shown may have been reduced by paid claims DISCLAIMER:This certificate of insurance does not affirmatively or negatively amend,extend, or alter the coverage afforded by the insurance policy. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS Professional Liability LIU004803-012 06/29/2013 06/29/2014 Each Claun $ 2,000,000 General Aggregate $ 2,000,000 Description of Operations/Locations/Special Items, REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY INSURANCE Certificate Holder Cancellation: City of Kent Engineering SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Nancy Yoshitake BE CANCELLED BEFORE THE EXPIRATION DATE 400 West Gowe THEREOF, NOTICE WILL BE DELIVERED IN Kent, WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS. LIA0001 (11/97) Certificate Holder Copy • KENT I i.SHINGTON Agenda Item: Consent Calendar - 7F TO: City Coun cil DATE: April 16, 2013 SUBJECT: Appraiser(s) and Negotiator(s) for Briscoe Desimone Levee Contract - Authorize MOTION: Authorize the Mayor to sign contracts for property appraisers and negotiators for the Briscoe/Desimone levee in an amount not to exceed $40,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: To accomplish the work required for the Briscoe Desimone floodwall authorized by the King County Council last month, it will be necessary to retain professionals for property and/or easement acquisitions. The levee is owned by the City of Kent, the City of Tukwila and/or King County, there are areas where easements or property may be acquired which will make construction access or revised slopes easier to design and build. Historically, the City utilizes professionals in this field who are licensed and experienced in this type of work. These appraisal and property negotiation professionals will assist city engineering staff in accomplishing this work. It is not readily possible to closely estimate the cost for these services. We expect it to be in a range of $30,000 to $40,000. Because some of the work will be within the corporate limits of Tukwila, a separate interlocal agreement (ILA) with Tukwila will be required before work will be completed in Tukwila. In order to expedite the levee reconstruction project and begin construction this year, the Public Works Department, by this motion, is seeking council authorization to award this contract before the contract selection process has occurred. If approved, staff will follow the appropriate process and the Mayor will execute the contract without further council authorization, so long as the final contract amount, including sales tax, does not exceed $40,000. This work will also be subject to the approval of the ILA between the city of Kent and the King County Flood Control Zone District (KCFCZD). EXHIBITS: None RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: All of the cost for these services would be paid by either state grant funds or the KCFCZD. � I ;> REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes wed by Director Originator's Name: Kelly Casteel Dept/Div. Engineering Extension: 5561 Date Sent: .4/0 Date Required: •! 1o/1 Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: Valbridge Property DATE OF COUNCIL APPROVAL: 4/16/13 Advisors I Allen Brackett Shedd ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 2 is for Valbridge Property Advisors I Allen Brackett Shedd to complete three additional appraisal reports for Riverpolnte Two LLC, Cascade Tukwila LLC, and 196th Corridor LLC. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: RECEIVED �C Approval of Law Dept.: Law Dept. Comments: APR 0 4 2014 Ro KENT LAW DEPT. Date Forwarded to Mayor: qj %0111%oV Ul LI IV IVICIYUI City of Kent 94 Fri Shaded Areas To Be Completed By Administration Staff Received: 7 �t14 Recommendations and Comments: APR CITY OF KENT Disposition: �� _ — 'y 74 �IiYCLERK Date Returned: