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HomeMy WebLinkAboutPW13-009 - Amendment - #1 - Allen Brackett Shedd - Briscoe Reach 3 - 12/04/2013 Records M,�anagement 7KENDocumentT W ASHEN GTON 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 d/b/a Allen Brackett Shedd Vendor Number: JD Edwards Number Contract Number: 9w it WI This is assigned by City Clerk's Office Project Name: Briscoe Levee Reach 2 3 and 4 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: Ingrid Willms-Dixon Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare summary appraisal reports for two additional properties for Reach 2 and 4 of the Briscoe Levee. S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT W PS HI N G T C N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Valbridge Property Advisors d/b/a Allen Brackett Shedd CONTRACT NAME & PROJECT NUMBER: Briscoe Levee Reach 2, 3 and 4 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: The Contractor shall prepare summary appraisal reports for two additional properties for Reach 2 and 4 of the Briscoe Levee. 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 $0 including applicable WSST Current Contract Amount $11,250.00 including all prewous amendments Current Amendment Sum $7,500.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $18,750.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/13 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (t) for this 365 calendar days Amendment Revised Time for Completion 12/31/14 (Insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR- CITY OF KENT: By: By: (signature (signature) Print Name: �t$^ Pri t Na uzette Cooke Its�&Nt1A �`�i'wc Its Mayor (tale) title) DATE: Mf1S :I DATE: APPROVED AS TO FORM: (applicable if Mayor's signature quired) Kent'Law Department Allen Brackett Shedd-Briscoe Amd 1/Wlllms-Dixon AMENDMENT - 2 OF 2 A� CERTIFICATE OF LIABILITY INSURANCE DATE 04/25/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES -OW 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 pollcy(les) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-425-454-3386 CONTACT NAME Kristen Look Arthur J. Gallagher Risk Management Services, Inc. PHONE 425-586-1016 FAX 425-451-3716 A C No P.O. Box 367 E-MAIL ADDRESS Bellevue, WA 98009-0367 IN SURER(S)AF FOR DING COVERAGE NAIC9 Kristen Look INSURER Hartford Casualty Insurance Company INSURED INSURER B Bruce C. Allen & Associates A Washington Corporation INSURERC 12320 NE 8th St Ste 200 INSURER Bellevue, WA 98005 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 33264767 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DDlYYYY MMIDDrYYYY A GENERAL LIABILITY 52SBAVX2197 04/01/1 04/01/14 EACH OCCURRENCE 1$ 2,000,000 X DAMAGE TO RENTED 300,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea Occurrence) $ CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 10,000 X Business Owners PERSONAL&ADV INJURY $2,000,000 GENERALAGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 4,000,000 JECT POLICY PRO- LOC $ JTOMOBILE LIABILITY 52SBAVX2197 04 01 1 04/01/14 COMBINED SINGLE LIMIT 2,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON OWNED PROPERTY DAMAGE $ HIRItD AUTOS AUTOS Paraccident NO OWNED $ A UMBRELLA LIAB X OCCUR 52SBAVX2197 04/01/1 04/01/14 EACH OCCURRENCE $ 11000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED I X RETENTION$10,000 $ A WORKERS COMPENSATION 52SBAVX2197 (WA STOP GAP 04/Ol/1 04/01/14 WC SLATU- X OTH- AND EMPLOYERS'LMBILITV ANY PROPRIETCR,PARTNEPJEXECUTIVE� NIA EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under 1,00 0,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Rent, King County and King County Flood Control Zone District are named as additional insured on the General Liability policy per form number IH 12 00 11 85 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. T by J. Laporte, P.AE. 41 est Gowe AUTHORIZED REPRESENTATIVE Kent, WA 98032 ®¶';(1,�Q(/� VU"A-✓ USA I ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD krlcok 33264767 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b, Coverage under this provision does not control of, or over which physical apply to. control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred, or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member (if you are a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person(other than your"employee"or With respect to "mobile equipment" registered In "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager, law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die,but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this Lability. maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment,or Your legal representative if you die, but b, "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part your permission, Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person b also an insured, but only with respect to Lability arising out of the operation as a named insured does not apply to r m in injury or damage with respect to which an insurance the watercraft, and only no other insured under this insurance is also an any kind is available to that i insured under another policy or would be person or organization anization for this liability an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance a. "Bodily injury" to a co-"employee" of the 3, Newly Acquired Or Formed Organization person operating the watercraft,or Any organization you newly acquire or form, b. "Property damage" to property owned by. other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision the voting stock, will qualify as a Named 6. Additional insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization However. Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 1801h day after you acquire Paragraphs a. through f. below are additional or form the organization or the and of the insureds when you have agreed, in a written policy period,whichever is earlier, and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit Issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the Injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; Insured under this provision only for that (f) Demonsiration, installation, period of time required by the contract, servicing or repair operations, agreement or permit except such operations performed at the vendor's premises in However, no such person or organization is an 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 organization(s) (referred to negligence of the vends; 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. 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(0,or "products-completed operations hazard" (11) 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 "properly or sale of the products damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person of organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement or any ingredient pail or container, i This exclusion does not apply to entering into, accompanying or 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 lease equipment, but only (c) Any physical or chemical change with respect to their liability for "bodily 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 inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of. you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance, and operations, for which you have been (2) The total of all deductible and self- added as an additional Insured by that insured amounts under all that other insurance,or insurance. (7) When You Add Others As An We will share the remaining foss, if any,with Additional Insured To This any other insurance the( is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing i any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part this method also Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This Insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary, if other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based an the ratio of its by the method described in c. applicable limit of insurance to the total below applicable limits of insurance of all insurers (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a, Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us The insured must do insurance, this insurance is nothing after loss to impair them At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance enforce them This condition does not Paragraphs (a) and (b) do not apply to j apply to Medical Expenses Coverage other insurance to which the additional r( b, Waiver Of Rights Of Recovery (Waiver Insured has been added as an ` Of Subrogation) additional insured It the insured has waved any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit" If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we wnl be entitled to the insured's such person or organization in a contract, rights against all those other insurers agreement or permit that was executed prior to the injury or damage Form SS 00 08 04 05 Page 17 of 24 CERTIFICATE OF INSURANCE Producer Issue Date 07/03/2013 This Certificate is issued as a matter of information only and LIA ADMINISTRATORS&INSURANCE SERVICES confers no rights upon the Certificate Holder This Certificate RO Box 1319 does not amend extend or alter the coverage afforded by the Santa Barbara, CA 93102-1319 policy below Insured 111764 COMPANY AFFORDING COVERAGE ALLEN BRACKETT SHEDD/BRUCE C. ALLEN &ASSOC , INC/Murray Brackett MAI Liberty Insurance Underwriters, Inc. 12320 NE 8th Street, Suite 200 Bellevue, WA 98005 Fax Number 425-688-1819 C/ 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 Notwithuanding any requu ement, 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 Claim $ 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 1N Kent, WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS. LIA0001 (11/97) Certificate Holder Copy EXHIBIT A a 419 Berkeleykatwe 12220 Nt Sth Sbeet ValbrE dge Suite rA Suite 200 PROPERTY ADVISORS Rra(,,M,'r'IA98466 fle[l.nar,411�85005 „ 25.4 274-6099 0nonc 125 4e0 4040 phone Alien BnDc sett Shedd 253-%4•9442lax 425-60-1�ltl fax valutldgc cons vaibud:le rar5 October 21, 2013 Ms. Ingrid Willms-Dixon Project Analyst City of Kent 220 4th Avenue S. Kent, Washington 98032 RE: BRISCOE-DESIMONE LEVEE IMPROVEMENT PROJECT PROPERTIES (TAX PARCEL 788880-0700 (THE BOX MAKER) AND 788880-0210 (196T" CORRIDOR LLC)1 LOCATED IN KENT, WASHINGTON Dear Ms.Willms-Dixon: As requested, I have reviewed information relating to the properties referenced above for the purpose of estimating a fee and timing for completion of a Summary Appraisal Reports. Summary Appraisal Reports can be completed within 45 days of your authorization to proceed, for a fee not to exceed $7,500. Based on initial review of the properties, it does not appear that the existing building improvements are impacted and this bid assumes valuing each ownerships land and impacted siteimprovements Thank you for your consideration I look forward to the opportunity of working with you. Please call if you have any questions Sincerely, VALBRIDGE PROPERTY ADVISORS I ALLEN BRACKETT SHEDD Darin A. Shedd, MAI i Copp tgat 0 2009 • KENO W 45HINGT'.]N Agenda Item: Consent Calendar - 7F TO: City Council 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. a � I ;> REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes l sewed by Director Originator's Name: Ingrid Willms-Dixon Dept/Div. En ineerin / si n Extension: 5519 Date Sent: )Q/3 iB Date Required: /o ,o/J Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: Valbridge Property Advisors DATE OF COUNCIL APPROVAL: 4/15/13 d/b/a Allen Brackett Shedd ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 1 is necessary for Allen Brackett Shedd to prepare two additional summary appraisal reports for two properties for Reach 2 and 4 of the Briscoe Levee Project. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Receivedt DEC 03 2013 Approval of Law Dept.: ,red a5 Law Dept. Comments: 4'----' ECE1VED PF. 4 2C13 Date Forwarded to Mayor: ��� Office of the Mayor Shaded Areas To Be Completed By Administration Staff Received: RECEIVE Recommendations and Comments: DEC — 4 2013 C11Y OF Disposition: /������ /� CITY C RK� Date Returned: