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HomeMy WebLinkAboutPW15-151 - Original - Tierra Right of Way Services - Upper Russell Road Levee - South Reach - Negotiate Proximity Damages %ft Records erne KF-1 g Document W I.9 HINGTON 59A F tifa snl v d r5y£'(Si" a�y�{{x k' #*}i }A 4 W} i4t?5 „Ada& CONTRACT COVER SHEET I 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: ' f This is assigned by City Clerk's Office Project Name: Upper Russell Road Levee - South Reach Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 4/20/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ingrid Willms-Dixon Department: Engineering Contract Amount: $20,687.00 Approval Authority: (CIRCLE ONE) Department Director Mayo City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Consultant shall negotiate the proximity damages for the Upper Russell Road Levee Project. i As of: 08/27/14 i KEN-T CONSULTANT SERVICES AGREEMENT between the City of (Cent 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 Washington, located and doing business at 17553 15th Ave NE, Shoreline, WA, 98155 Phone: (206) 363-1556/Fax: (206) 363-0106 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: Consultant shall negotiate the proximity damages for the Upper Russell Road Levee Project. For a description, see the 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 April 1, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Thousand Six Hundred Eighty Seven Dollars ($20,687), 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. i 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) I 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 KENT n ( i. atur0 (signature) Print Name J Print N�ne: uzette Cooke Its ayor DATE: DATE: 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, Itd. City of Kent 17553 15th Ave NE 220 Fourth Avenue South Shoreline, WA 98155 Kent, WA 98032 (206) 363-1556 (telephone) (253) 856-5500 (telephone) (206) 363-0106 (facsimile) (253) 856-6500 (facsimile) APPROV,eD AS TO/FORMt Kent Law Department [in this field,You may enter tha electronic hlepatb whem the oantrad has been saued7 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 a ree to fulfill the five requirements referenced above. By: r n r For:1 lip �V'c�E`7 1` 1 Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i 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 it XHI ®ITA A LAND SERVICES COMPANY March 20,2015 Ms.Ingrid Wlllms-Dixon,Project Analyst City of Kent,Public Works 220 Fourth Avenue South Kent,WA 98032 Re; Upper Russell Rend Levee Project-South Reach Cost Estimate-Negotiations of Proximity Damages Dear Ingrid: per your request, I am providing you with a cost estimate to negotiate the prcwhnity damages for the above referenced Project As described herein, The City of Kent will acquire an easement interest from the Homeowners Associations (HOA) for the Bridgewater III, Bridgewater IV and Regatta at the Lakes condominium developments. The purpose of that acquisition is for the placement of a levee to protect the development and other areas of the City from potential flood events. The appraisal completed for the easement acquisitions indicated 25 condominium units wid-Art the three developments which might be eligible for proximity damages. The City's Independent Review Appraiser has Agreed with the appraiser and developed the amount of damages to be offered to each of the owners of the 25 condominium units impacted by the placement of the levee. There are six units within the Bridgewater JV development, three units in the Bridgewater III development and sixteen units in the Regatta at the Lakes development that have been identified as having sufficient proximity damages to he compensated by the City. To date, the Bridgewater IV condominium homeowners association has accepted the City s offer of compensation and granted the required easement for the placement of the levee.The City has made an offer to the Bridgewater III HOA for the required easement and will make the fiord offer to the Regatta at the Likes HOA next week. The City is prepared to acquire the needed easements from the remaining HOA by use of their power of eminent domain,if needed. Construction of the levee is expected to begin this summer. Scope of Rork Tierra's scope of work includes the follow-up negotiations with each of the 25 owners once they have received their offers from the City of Kent Tierra staff will contact each owner within 5 days of the offers being mailed to the property owners, answer questions regarding the project and the compensation, schedule in-person meetings as needed, and generally negotiate with each owner to a final settlement Tierra's agents will have no authority to accept any counter offer made by an owner on behalf of the City of Kent, but will assist in facilitating an agreement as to the amount of compensation between the City and an owner,All counter offers from an owner shall be submitted to the City. 'f'leira will advise any owner wanting additional compensation to place their counter offer in writing and to provide documentation and support for the value desired. 17553 IS" Avenue NE • Shoreilne, Washington 90155 • 206.363.1$56 ♦ Faxl 206,363.0106 ' Right of Way • Cultural soaour<ct • Enrironmantal Planning Federal, State, and Local Ponnrtting • GISICAA Ma Pping www.tlerro.row,cooa II i i �I Upon the completion of a successful negotiation, Tierra staff, when needed, will notarize the settlement '.. agreement and turn the original document in to the City. Owners will be advised that the City will also provide notary services at no cost. i All offer documents and settlement agreements will be produced and mailed to each property owner by the City of Kent.The settlement agreements will not be recorded. Doliuombles The City of I{ent will provide the following items prior to the start of activities by Tierra on this project! 1, An Excel spreadsheet with the names,addresses and phone numbers (if available) of each owner that is impacted by the Project and due proximity damages, This spreadsheet shall also identify which development each owner is within. 2. A copy of the letter and settlement agreement sent to each owner.This can be in electronic format. 3. The Review Appraisers deternrination of compensation due to each owner, This can be in electronic format. 4. Notary services when needed. Tierra Will provide the following services and delivetablcs upon the completion of negotiations with each owner: 1. Negotiation services necessary to complete the intended hatimcdon. 2. Signed,notarized settlement agreement(when notadmd by a Tierra agent). 3. Weekly status reports in Excel format identifying which owners have been met with,Issues presented and agreements negotiated. 4. Tierra will not produce any form of contact report upon the completion of a settlement negodadon. Cost mrd Invo&!ng Tierra estimates a total of 187.5 labor bouts may be needed to complete the project for a total labor cost of $19,687.00.In addition,we estimate no more than$1,000.00 will be needed for travel(mileage) to the project to meet with the owners as needed. The total cost estimate for t1ils profectIs$20,687.00, Tierra will invoice the City of I{ent each month on a time and expense basis for time incurred working on the project the previous month as well as mileage incurred. Mileage will be invoiced at the allowable IRS rate (currently$.575 per mile). SCIM1111B Tierra will take every attempt to complete negotiations expeditiously,We anticipate completion of the project witliln 60 calendar days of our start date. We look forward to starting this project for the City of Kent nod Welcome the opportunity to work with you againl sincerely, ?Marti 9kkcxcaro,SR/WA,I2 W/RAC Vice President I EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4, Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general i EXHIBIT" B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 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 TIERR-4 OP ID:JC 4coir®~ CERTIFICATE OF LIABILITY INSURANCE DA07ID712014I �- D71o71zo14 ( 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 pollcy(les)must be endorsed. If SUBRO ATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require Bn endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsements. PRODUCER BONY acr LarryStuckeyCPCU CLU xAME; Stuckey Ins&Assoc Agen 10 PHO s 'A 602.279.9336 6343 N.96th Street,9ullD 110 (Mc�+ c u.002.264-5533 rac xal: Phoenix,AZ 8$016 EMAIL Scott Schmidt AOnRESEt __ I149URER&AFFORDING COVERAGE NACU INSURMAIPhoenlx Insurance Company 25623 INSURED Tierra Right of Way Services, INSURERB:Travelers Prop Cos ofAmerice _ 25674 1575 E,River Rd.fl201 INSURER 0,Travelers Indemnity Company 25668 Tucson,AZ 85718.6831 INSURER O:Travelers Indemnity Co of CT 25682 _ INSURER e:XL Specialty ins 37886 NSURER 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 THF.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 S . HAVE BEEN REDUCED BY PAID CIAIh18. LT RR TYPE pF INSURANCE Aula POLICYNUMEER MMI�A'm t%USICCOC LIMITS GENERAL LIABILITY EACHODCURRENCE 6 1,000,000 A X CCABAERGAL GENERALLU0ILITY X 6804632L470 0711012014 0711 DI2016 a 0,000 pA1JSEa fEn ocmrtenalw 5 _ CLAIIAS.MACE �GCCUft MED E%PfM ono opM S __ 6,000 X Contract Liab PERSONAL E ADV INJJRY_ 5 11600po GENERAL AGGREGATE. 5 2.0001 OU GEN'LAGGREGATEUMRnPHULSPER, PRODUCTS-COMPIOPAGG S 2,000,000 POLICY X P 0. LOG 9 l AUTOMOBILE DAOILILY COB S G ELMI 1,o00,OD0 Dee Com B X ANY AUTO X BA63991-303 07110/2014 07110I2018 BODILY INJURY(Fmp«son) 6 l ALL O05fiE0 SCHEDULED BODILYWNRY(Peraceldent) 5 HIRED AUie9 AMOS Wi EO PERP G BUT)AOE S 9 X UMBRELLAL013 X OCCUR EAGi OCCURRENCE S 5,000,000 Q EXCESS LIAe CLAMS-MADE CUP7180YO34 07/1012014 07I1012016 AGGREGATE s 610001000 OEn X RETEMIONS 10000 S -- WORKERS COMPENSATON X TpC6 IAAT*- OTH AND EMPLOYERS'LIABILITY YIII C AITYPERACMINER EXCLUDED? �-I NIA UB9213Y784 AZ NM 07l1012014 0711012016 B.L.EADHACCICENT s _ 1,000,000 Om'PROPRIE7ER EXCLUDE DN UB9213YB04 NV B.LDIS.RASE-EAEMPLOYE 5 1a0001000 (Mandalory in NHI Ms.d..edbe under E.I OICEA6E�POLICY LIMIT S 1,000,000 CRIPPON OF OPERATIONS paled E Professional l.Iab DPR0717291 0711012014 0711012015 Per Clalm 2,000,000 Aggregate 2,000,000 DESCRIPTION OP OPERATIONS I LOCATIONS I VEHICLES(Al,deh ADORD 101,Addifloml RemerNo Schedpiq lrmarc apace is maUlmd) Professional Liability - Claims Made - Petro Date 5/11/98 City of Rent is included as additional inoured as per written contract as respects to general (COD3810907)and auto liability (CAT4370808) on a primary and non contributory basis, 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 ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032 AAUTryBO��RIZED REPRESENTATIVE OO 1088.2010 ACORO CORPORATION. All rights reserved, ! ACORD 23(2010105) 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 Ill) 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 dude 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 jury", "property damage" or "personal Injury" agreement requiring Insurance" that the Insurance caused, In whole or In part, by your ads or omis- provided to an additional Insured under this Cov- slons 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 addl- tlonal Insured as a named Insured, and we will not b. In connection with premises owned by or share with the other Insurance, provided that: ( rented to you; or 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- C son or organization has assumed liability In a con- ante 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 o� when the Insured Is an additional Insured under Is limited as follows: any other Insurance. © 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 Of Rights Of Recovery Against Others To Us b age as an additional Insured specifically is In COMMERCIAL GENERAL LIABILITY CON- added by another endorsement to this Cover- DITIONS(Section IV): � age Part, e, This Insurance does not apply to the render- We waive any rights of recovery we may have � Ing of or (allure 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 tlonal Insured shall be the limits which you work" performed by you, or on your behalf, under agreed In that "contract or agreement requlr- a "contract or agreement requiring Insurance" with that person or organization. We waive these �c Ing Insurance' to provide for that additional rights only where you have agreed to do so as Insured, or the limits shown In the Declara- part of the "contract or agreement requiring Insur- tions for this Coverage Part, whichever are ante""with" such person or organization entered _ less. This endorsement does not Increase the Into b limits of Insurance stated In the LIMITS OF y 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 i COMMERCIAL GENERAL LIABILITY Injury"or"property damage" occurs,or the"perms 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 youare 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. i ©2007 The Travelers Companies,Inc, CG D3 8109 07 Page 2 of 2©2007 The Travelers companies,Inc. CG D3 8109 07 I CA T4 37 08 08 BA63991-303 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 AJ.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. i ' i CA T4 37 08 08 �, Pf �Le al Notices @2008 The'rra'fravelers Companies,Inc. I I�