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HomeMy WebLinkAboutPW14-140 - Original - Tierra Right of Way Services - Lower and Lowest Russell Road Levee - Relocation Planning and Assistance Pg e.:M.; x. Records Martagemei*f -I ., KENT Document WASHINGTON ,7 AM L 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 Services, Ltd. Vendor Number: JD Edwards Number Contract Number: VW 14 GOP Igo This is assigned by City Clerk's Office Project Name: Lower and Lowest Russell Road Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: (f/5 if 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.): Provide services for relocation planning and reloca_tion__assistance for the Lower and Lowest Russell Road Levee Project. e Lt/-/� S,Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WASHI nC�TON CONSULTANT SERVICES AGREEMENT between the City of Kent and Tierra Right of Way Services, Ltd. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tierra Right of Way Services, Ltd. organized under the laws of the State of Arizona, located and doing business at 1575 East River Road, Suite 201, Tucson, AZ 85718, Phone: (520) 319-2106/Fax (520) 323-3326, Contact: Mack Dickerson (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide services for relocation planning and relocation assistance for the Lower and Lowest Russell Road Levee Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant 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. Consultant shall complete the work described in Section I by December 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thiry Six Thousand, Four Hundred Fifty Dollars ($36,450.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 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 Consultant 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 Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant 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. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant 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 thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant 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 Consultant'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 Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant 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 Consultant's part, then Consultant 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 Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant 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. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant 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. 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. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 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 Consultant. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. All of the above documents are hereby made a part of this Agreement. However, 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. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF K 4yvBy; By: (sign ture) (signature) Print Name: c s Pri t N e: zette Cooke _ Its Y b(-c, P'Lr.11p Its Mayor true) DATE: S- I Z-1 DATE: b l NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mack Dickerson Timothy J. LaPorte, P.E. Tierra Right of Way Services, Ltd. City of Kent 1575 East River Road, Suite 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) APPRO ED AS FOR Kent Law Department Tierra Right of Way-LL Rumell Rd/Willms-Dixon CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: ! r p e f-a l 0-(y" /�R IJIXLI��— Title: Date: CZ- r!`i EEO COMPLIANCE DOCUMENTS - 1 f CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 I EXHIBIT A / p , Ff..�f..AMII CIO tQFu'CVP�+t571t� April 24,2014 Ingrid Willms-Dixon,Project Analyst City of Kent,Public Works Engineering 400 West Gowe Street Kent,Washington 98032-5895 Re Right of Way Services,Relocation Plan and Relocation Assistance Lower and Lowest Russell Road Levee Project Dear Ms Willms-Dixon Thank you for the opportunity to provide the City of Kent (the City) with out estimate of costs related to relocation planning and relocation to complete the above-referenced project Along with our proposal, we have included a Summary of Qualifications with the resumes of staff that aie available to complete your project The last two pages of the proposal contain our pricing and staff availability Tierra Right of Way Services,Ltd. (Tierra),will comply with Washington State Department of Transportation (WSllO"1) guidelines, including Local Agency Guidelines and Washington law as stated in Chapter 8.26 RCW. It is our understanding that the City will procure the needed appraisal reports and related valuation services from their own sotuces outside of this Request for Proposals (RFP) The City will complete all acquisitions for the project in-house It is assumed that the City will also provide the following to complete relocation activities: • Appraisal Reports for each parcel • Title Reports for each parcel Our proposed price reflects this understanding and these assumptions. Tierta will deliver the Lower and Lowest Russell Road Levee Project within the budget proposed and within yout project schedule. Our team looks forward to working with the City of Kent again to complete this important project to protect the residents of the City from a 500-year flood event Sincerely, Mack Dickerson,SR/WA,RW-RAC Vice-President,Right of Way Operations Randye K Ferrick, President & Broker 1575 East River Road, Suite 201 • Tucson, Arizona 85718 • 520.3 19.2 106 • Fax: 520.323,3326 Right of Way • Cultural Resources • Environmental Planning tedeial, State, and Local Permitting • GISICAD Mapping www.tierra•row.coni City of Kent,Washington 4....�KETtT Lower and Lowest Russell Road levee Pioject Cost Estimate Relocation Plan—Tierra has conferred with WSDOT to determine the need for Relocation Planning. According to Mr Tom Boyd, the Local Agency Real Estate Liaison, a Relocation Plan must be prepared for any project that will displace one or more occupants The proposed project will displace two residential occupants, a non-resident residential owner, and five potential businesses located within the Noble Pacific warehouse; therefore, a Relocation Plan is requited. The Gagliardi parcel that was in Tierra's October 2012 proposal for thus project has been dropped from the project and is not included within any of the costs shown in this proposal. Tierra recommends that the City provide "Notice to Proceed"with the relocation planning at least 90 days prior to the anticipated start date for acquisitions so that the plan is complete before acquisition commences, in accordance with the Uniform Act. Frequently when fieldwork has commenced for relocation planning, we encounter additional occupants within residential structures or business entities within commercial or residential structures that are unknown at the project outset When this occurs,Tierra staff will complete an interview with the unknown drsplacee as soon as possible so that the project schedule is maintained We will then notify the City of our findings and submit a change order for the additional drsplacee entitlements at the unit rates provided herein for the type of relocation anticipated The change order will provide for both the relocation planning and relocation of the new displacee(s) The City's acceptance of this proposal and award of a contract acknowledges that this event may occur,and the City will not be unreasonable in granting the change order. Relocation Services—Tierra completed a field inspection of the project on October 17, 2012, to prepare this proposal At the time of our field inspection, a "For Rent" sign was placed on the Totgeson property. The City of Kent has confirmed that a tenant occupies the Torgeson property. This indicates that there will be two relocations for this parcel: one relocation for the landlord non-resident occupant, and one relocation for the residential tenant that leases the house on the property owned by Torgeson Out cost estimate below identifies separate costs for each Until such time as the Relocation Plan is complete, Tierra has no way to truly estimate the relocation costs that will be charged to the City Our cost estimate therefore assumes there are no other relocation entitlements other than what is stated herein and that the City has or will not take protective leasing measures to prevent a new tenant in the Torgeson residence that is available for rent. The Voss property is believed to be owner occupied,and the pricing below reflects this On 4/24/14, the City informed Tierra that the owner of the property known as Torgeson has personal property on the property which will need to be moved as part of the relocation As this is typically not encountered in relocations with non-resident owners, an adjustment to the price for this relocation has been provided to cover the move of Torgeson's personal property Based on information provided by the City,the Noble Pacific Warehouse is occupied by the owner,who has a bean sprout business. It is also believed that at this site, there are four separate tenants occupying the premises who legally operate four separate businesses Until the Relocation Plan is complete,it is not known whether these tenants actually operate businesses within the Noble Pacific Warehouse or if they store materials at the warehouse At the request of the City, Tierra will only complete the relocation plan for the Noble Pacific Warehouse. Other Cost Assumptions—The total cost estimate for the combined Relocation Plan and relocation services assumes that the City of Kent will award the enure project to one consultant only and not break up the work and award it to two or more consultants In the event that the City does break up the project into two of more awards,the tout prices and totals herein are no longer valid City of Kent,Washington ` ✓'rKENT Lower and Lowest Russell Road Levee Project Cost Table Item Description Units/Unit Cost Cost Relocation Plan 2 residential properties with 3 Relocation Plan potential entitlements 3/$900.00 $2,700 00 (Voss,Torgeson,Kuno Noble Pacific Warehouse with 5 Relocation Plan* 5/$1050.00 $5,250.00 potential entitlements Total Relocation Planning Services: $7,990,00 i Relocation Services Relocation—Residential Voss parcel 000620-0017 1/$11,500.00 $11,500.00 Relocation—Residential Torgeson parcel 00620-0011 (Kuno) 1/$11,500 00 $11,500 00 Relocation— $5,500 00 Landloid Non-resident Torgeson parcel 00620-0011 1/$5,500 00 Owner Total Relocation Services: $28,900.00 Total Relocation Plan and Relocation Services: $36,450.00 Staff Availability Staff. Current Availability Availability after May 15,2012 Dave Pai 50% 700/a Ted Party 50% 70% Corey Lon 30% 40% Mack Dickerson 20% 40% References The following persons may be contacted to provide professional references for Tierra in relation to the provision of relocatLon,acquisition,and related services. WSDOT Barbara Bulzomi, (206)440-4208 Snohomish County Public Utility District Paula Morgan(tetued), (520) 825 9753 Pierce County,Washington Jennifer Walker(253) 798-7025 Pima County Department of Public Works Christina Biggs (retired) (520) 730-4230 City of Tucson Tun Murphy, (520)-837-6712 Dorothy Wetdeman,(520) 837-6720 City of Phoenix Larry Long, (602) 534-4971 y f /&A 12 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. i•� OP ID:JC (MMIDDAcoRO" CERTIFICATE OF LIABILITY INSURANCE DATE0 5/1 2/2 01�...i' 12/2014 4 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 to lieu of such endorsement(s) PRODUCER CONTACT NAME Stuckey Ins&Assoc Agencies PHONE FA 5343 N 16th Street,Suite 110 _[A/C,No Ext ac No Phoenix,AZ$5016 E-MAIL Scott Schmidt ADDRESS PRODUCER TIERR-4 CUSTOMER to p INSURER(S)AFFORDING COVERAGE NAIC it INSURED Tierra Right of Way INSURERA_Phoenix Insurance Company 25623 1575 E River Rd #201 Tucson,AZ 85718-5831 INSURER B Travelers Prop Cas of America 25674 INSURER CTravelers Indemnity Company 25658 INSURER D Travelers Indemnity Co of CT 25682 INSURER E XL Specialty Ins Co 37886 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 rypE OF INSURANCE R POLICY EFF POLICY E%P LIMITS LTR POLICY NUMBER MMIDD/YYYY MM/DD/YVYY GENERAL LIABILITY ` EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY X 68048321-470 ✓ 0711012013 0711012014 PREMISES Ea occurrence S 300,00 CLAIMS-MADE [X_ OCCUR MED EXP(Any one person) $ 10,000 X Contractual Liab PERSONAL&ADV INJURY $ 1,000,000 X XCU coverage NO DEDUCTIBLE GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY X PRO LOC $ AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,00 B X ANY AUTO BA6399L303 07/10/2013 07/10/2014 (Ea accident) ALL OWNED AUTOS NO DEDUCTIBLE BODILY INJURY(Per parson) E BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (PER ACCIDENT) S X NON-OWNED AUTOS E $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 X EXCESS LIAB CLAIMS MADE AGGREGATE $ 5,000,00 C X CUP7180YO34 07/10/2013 07/10/2014 DEDUCTIBLE $ X RETENTION S 10000 $ WORKERS COMPENSATION X WC STATU OTH- AND EMPLOYERS'LIABILITY TORY LIMIT E D ANYPROPRIETCRIPARTNERIEXECUTIVEYa N/A UB9213Y784 07/10/2013 07/10/2014 EL EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED? (Mandatory in Ni EL DISEASE-EA EMPLOYEE $ 1,000,00 Ifyes describe under DcSCRIPTION OF OPERATIONS below EL DISEASE-PCi LIMIT $ 1,000,000 E Professional Lab DPR9709339 07/10/2013 07/10/2014 Per Claim 2,000,000 Includes NETWORK SECURITY LIAB I Aggregate 2,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Professional Liability - Claims Made - Retro Date 5/11/98 City of Kent is included as additional insured as per written contract as respects to general, auto and excess liability coverage on a primary and non contributory basis. CERTIFICATE HOLDER CANCELLATION CZKEN-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent City West Kent ACCORDANCE WITH THE POLICY PROVISIONS Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION All rights reserved ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD 6804832L470 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 INSURANCE (Section 111) 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- " jury", "propertydamage" or injury" However, if you specifically agree m a contract or g personal in u 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- sions 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 tions; such additional insured which *covers such addi- 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 momm 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 m= 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 he insurance provided to such additional insured on any other basis, that is available to the insured T limited as follows: when the insured is an additional insured under is any other insurance. a d. This insurance does not apply on any basis to any person or organization for which cover- C. The following is added to Paragraph 8. Transfer Recovery Of Rights age as an additional insured specifically is Of Ri 9 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 addi- damage" or "personal injury" ansing 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 8109 07 ©2007 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission 001838 COMMERCIAL GENERAL LIABILITY Injury" or"property damage" occurs, or the "per- erage Part, provided that the "bodily Injury" and 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 Cov- c. Before the end of the policy period. ©2007 The Travelers Companies,Inc. CG D3 8109 07 Page 2 of 20 2007 The Travelers Companies,Inc CG D3 8109 07 Includes the copyrighted material of Insurance Services Office,Inc,with its permission CA T4 37 08 08 BA6399003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following BUSINESS AUTO 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 The following is added to the Section II—Liability Coverage, Paragraph A.I.Who Is An Insured Provision Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or"property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II CA T4 37 08 08 Privacv I Leaal Notices ©2008 The 11aaelers p3mes,Inc • KE 0 T N^5NINaTON Agenda Item: Consent Calendar - 7F TO: City Council DATE: June 3, 2014 SUBJECT: Professional Services Agreement/Tierra Right of Way Consultants for Property Relocation Services - Approve MOTION: Authorize the Mayor to sign Aquatic Lands Easements from the Washington Department of Natural Resources for the exiting sanitary sewer and pedestrian bridge crossing over the Green River, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The King County Flood Control District recently decided to have King County take the lead on design for the Russell Road Lower-Lowest Levee, which extends from South 231st Way to South 212th Street. King County is currently researching alternatives for the alignment of the new levee. Since the City was the lead and had identified locations where property needed to be purchased in order to construct a secondary levee, King County agreed that the City remain the lead on the property acquisitions. The properties identified include two full property acquisitions of residential parcels. Two other parcels were purchased last year. Offers have been made on the remaining two parcels which will require relocation services. These properties would need to be purchased independent of a final levee alternative due to their proximity to the river. This contract will also provide for a cost estimate to provide relocation for the Noble Pacific Warehouse in order to give the City a better idea of the potential costs if a full acquisition of the property is to be made. EXHIBITS: 1) Consultant Services Agreement 2) Aerial Site Map RECOMMENDED BY: Public Works Committee YEA: Ralph - Fincher - Higgins NAY: BUDGET IMPACTS: There is no unbudgeted fiscal impact. REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes A I H I T 6K9 wed by Director Originator's Name: Ingrid Willms-Dixon Dept/Div. En ineerin xtension: 5519 Date Sent: 4L4/6 Date Required: eo/ji Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: Tierra Right of Way Services, DATE OF COUNCIL APPROVAL: 6/3/14 Ltd. ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for Tierra Right of Way Services to provide services for relocation planning and relocation assistance for the Lower and Lowest Russell Road Levee Project. For additional information, see the attached Council motion sheet. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: RECEIVED Approval of Law Dept.: JUN 0 4 204 V - Law Dept. Comments: r KENT LAW DEPT. 1A Date Forwarded to Mayor: Shaded Areas T 1 ministration Staff Received: row SUN - 5 2014 'SN r %J Recommendations and Comments CITY OF KENT loop ���,/ "il ,9 RK Disposition: 5" �', � Okw oj Kent ay®r U e a§the Date Returned: � 9� ®�f�c I