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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prier 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: FW _ N
This is assigned by City Clerk's Office
Project Name: S. 228th St. UPRR Grade Separation
Description: F1 Interlocal Agreement ❑ Change Order Cl Amendment 0 Contract
El Other: 02 � s i s Iq(I Y
H is I1
Contract Effective Date: bate of the Mayor's signature Termination bate: 7/31/17
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Ingrid Willms-Dixon Department: Engineering
Contract Amount: �71. Cim. 0
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide negotiation services and preparation of relocation plan.. _
As of: 08/27/14
Local Agency Professional Services
Cost Plus Fixed ,fee Consultant Agreement
Agreement Number: LA 7173 Does this Require DES filing'? ❑ Yes R No
Firm Organi ation Legal Name(do not use dba's):
Tierra Right of Way Services, Ltd
Address Federal Aid Number
1575 E, Diver Rd., Suite 201, Tucson, AG 85718 STPD-1216(004)
UBl Number Federal TIN or SSN Number
601 302 918 86.06411058
Execution Date Completion Date
July 31, 2017
1099 Form Ike ire Federal Participation
Yes [Z] No ® Yes No
Project Title
S. 228th Street UPRR.Gracie Separation
Description of Work
The Consultant shrill provide negotiation services and preparation of a relocation plan.
Yes % No DBE Participation Total Amount Authorized: $71,200,00
El Yes % No MBE Participation Management Reserve Fund: $0.00
Yes % No WBE Participation
Maximum Amount Payable:. $71,2()0.00
Yes % No SBE Participation
Index of Exhibits
Exhibit Scope of'Work
Exhibit 13 DBE Participation Not used
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit 1) Prime Consultant.Cost Computations
Exhibit E Sub-consultant Cost Computations Not used
Exhibit F Title V1 Assurances
Exhibit G Certification Documents
Exhibit 1-1 Liability Insurance Increase Not used
Exhibit I Alleged Consultant Design Error Procedures.
Exhibit J Consultant Claim Procedures
Agrc;urata.nt Number: 1:,A 7173
Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Wage 1 of 14
Revised 411012015'
T141S AGREEMENT, made and entered into as shown in the"Execution Date"box on page one (1) of this
AGREEMENT, between the City of Kent ,
hereinafter called the"AGENCY," and the"Firm / Organization Name"referenced on page one (1) of this
AGREEMENT, hereinafter called the"CONSULTANT."
WHEREAS,the AGENCY desires to accomplish the work referenced in "Description of Work"on page one (1)
of this AGREEMENT and hereafter called the"SERVICES;"and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms,conditions,covenants, and performance contained herein,
or attached and incorporated and made a part hereof,the parties hereto agree as follows;
I. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined,and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A"attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
111. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups,or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination,progress,
and presentation meetings with the AGENCY and/or such State,Federal, Community,City,or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes,regulations,and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number; LA 7173
Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14
Revised 411012015
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises(SBE), if required,
per 49 CFR Part 26 shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT,the amounts authorized to each firm and their certification number will
be shown on Exhibit"B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function(CUF) regulation
outlined in the AGENCY's"DBE Program Participation Plan"and perform a minimum of 30%of the total amount
of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform
a minimum of 30%of the total amount of this AGREEMENT.
The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE
firms invoiced for this AGREEMENT.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C—
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files,prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be
without liability or legal exposure to the CONSULTANT,
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by(i) certified mail,return receipt requested, or(ii) by email or facsimile, to the address set forth below:
If to AGENCY: If to CONSULTANT:
Name: Ingrid Willms-Dixon Name: Mack Dickerson
Agency: City of Kent Public Works Engineering Agency: Tierra Right of Way Services,Ltd.
Address: 220 4th Ave. S. Address: 1575 E. River Rd., Suite 201
City: Kent State: WA Zip: 98032 City: Tucson State: AZ Zip: 85718
Email: idixon@kentwa.gov Email: mdickerson@tierra-row.com
Phone: (253) 856-5519 Phone: (520) 319-2106
Facsimile: (253) 856-6500 Facsimile: (520)323-3326
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. This AGREEMENT may require filing with the Department of Enterprise Services (DES)
pursuant to RCW 39.26.140. If such approval is required by DES, this AGREEMENT shall not bind the
AGENCY until approved by DES. If the AGREEMENT must be approved by DES, work cannot begin,nor
payment made until ten (10) or more working days following the date of filing, and, until approved by DES.
Any subsequent SUPPLEMENTAL AGREEMENT may also be subject to filing and/or approval from DES. All
work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled
"Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
Agreement Number: LA 7173
Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14
Revised 411012015
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D"and "E" and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non-salary costs.
1. Direct(RAW) Labor Costs: The Direct(RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR)Costs: ICR Costs are those costs,other than direct costs, which are included as
such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments
shall be made at the ICR rates shown in attached Exhibits"D" and "E" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits"D"and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime
and all sub-consultants) will submit to the AGENCY within six(6)months after the end of each firm's fiscal
year, an ICR schedule in the format required by the AGENCY(cost category,dollar expenditures, etc.) for
the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the
ICR schedule. It shall also be used for the computation of progress payments during the following year and
for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be
sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall
cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information
is received and an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to,the following items:travel,printing,
long distance telephone, supplies,computer charges and fees of sub-consultants. Air or train travel will be
reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs(excluding air,train, and rental car costs)
in accordance with the WSDOT'Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures,
and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.20546 "Travel Costs."The billing for Direct Non-Salary Costs shall
include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall
maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the AGENCY upon request. All above charges must be necessary for the services
provided under this AGREEMENT.
Agreement Number: LA 7173
Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14
Revised 411012015
4. Fixed Fee:The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits"D"
and"E"of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work,the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled"Termination of Agreement."
5. Management Reserve Fund (MRF): The AGENCY may desire to establish a MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or
10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
"Changes of Work."
b. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII,"Changes of Work."No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments:The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct(RAW)Labor, Direct Non-Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW)Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct(RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans,maps,notes, reports,electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shalt not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment
to the AGENCY within thirty (30)calendar days of notice of the overpayment. Such refund shall not
constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY
of overpayment. The CONSULTANT has twenty(20)working days after receipt of the final POST AUDIT
to begin the appeal process to the AGENCY for audit findings.
Agreement Number: LA 7173
Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5014
Revised 411012015
D. Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six(6)years after receipt of final
payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation,claim or audit arising out of,in connection with,
or related to this AGREEMENT is initiated before the expiration of the six(6)year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any,will be performed by the
State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager.
VI. Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A"attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create,between the AGENCY
and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E"attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor,indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient,or sub-consultant shall not discriminate on the basis of race,color, national
origin,or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CPR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona
fide employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT,any
fee, commission,percentage, brokerage fee,gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Agreement Number: LA 7173
Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14
Revised 411012015
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage,on a full-or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been,at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY,except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees,sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259)
through 2000d-4a) • American with Disabilities Act of 1990
• Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter I6 Subchapter V § 794) . 49 CFR Part 26
• Age Discrimination Act of 1975 • RCW 49.60.180
(42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in
every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY,other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten(10)days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2)of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to
Agreement Number: LA 7173
Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14
Revised 4/10/2015
date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two(2)of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or
more of the beneficial ownership of the CONS UUJANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as
set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein,without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however,that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit"J." In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
Agreement Number: LA 7173
Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14
Revised 411012015
XII. Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State,and local laws,
rules, codes,regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify,and hold the State of Washington(STATE) and the AGENCY and
their officers and employees harmless from all claims,demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees,sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims,demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers,employees, sub-consultants,subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable;and provided further that if the claims or suits are caused
by or result from the concurrent negligence of(a) the CONSULTANT or the CONSULTANT's agents, employees,
sub-consultants, subcontractors or vendors, of any tier,or any other persons for whom the CONSULTANT is Iegally
liable, and (b) the STATE and/or AGENCY, their agents, officers,employees,sub-consultants,subcontractors and or
vendors, of any tier,or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents,employees,sub-consultants,subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor,of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands,or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work tinder this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods,processes,designs, information or other items furnished or
communicated to STATE and/or the AGENCY,their agents,officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents,proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or the AGENCY's, their agents', officers'and employees' failure to comply
with specific written instructions regarding use provided to STATE and/or the AGENCY, their agents, officers and
employees by the CONSULTANT, their agents, employees, sub-consultants, subcontractors or vendors,of any tier,
or any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51
RCW. This waiver has been mutually negotiated by the Parties.
Agreement Number: LA 7173
Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14
Revised 411012015
Unless otherwise specified in this AGREEMENT,the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT,the CONSULTANT shall provide On-Cali assistance to the AGENCY during contract
administration. By providing such assistance,the CONSULTANT shall assume no responsibility for:proper
construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any"Auto" (Symbol 1) used in an amount not less than a one million dollar($1,000,000.00)combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance,the STATE and
AGENCY,their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured(the"Als"),with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the Als shall be excess over,and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14)days of the
execution of this AGREEMENT to:
Name: Ingrid Willms-Dixon
Agency: City of Kent Public Works Engineering
Address: 220 4th Ave. S.
City: Kent State: WA Zip: 98032
Email: idixon@kentwa.gov
Phone: (253) 856-5519
Facsimile: (253) 856-6500
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX"Termination of Agreement" of this AGREEMENT,shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars($1,000,000.00),whichever is greater,unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
Agreement Number: LA 7173
Local Agency Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 10 of 14
Revised 411012015
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order,make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of,or the time required for, performance
of any part of the SERVICES under this AGREEMENT,whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT,the AGENCY shall make an equitable adjustment
in the: (1)maximum amount payable; (2)delivery or completion schedule, or both; and(3)other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any"request for equitable adjustment," hereafter referred to as"CLAIM,"
under this clause within thirty (30)days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI"Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.)above,the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable,the CONSULTANT shall place their endorsement on all plans,estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the AGENCY
Attached hereto as Exhibit"G-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit"G-3"Certification.Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit"G-4"Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's
over one hundred thousand dollars($100,000.00)and Exhibit"G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT,and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III"General
Requirements"prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number: LA 7173
Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14
Revised 411012015
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement,representation, promise or agreement not set forth herein. No changes, amendments,or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations,warranties, covenants, and AGREEMENT's contained in the proposal,and the supporting material
submitted by the CONSULTANT,and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes("State's Confidential Information"). The"State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses,telephone numbers,financial profiles,
credit card information, driver's license numbers,medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE
and AGENCY security data, or information which may jeopardize any part of the project that relates to any of
these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest
confidence and not to make use of the State's Confidential Information for any purpose other than the performance
of this AGREEMENT,to release it only to authorized employees, sub-consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT,and not to release,divulge, publish,transfer,
sell,disclose,or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic,
and managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall, at the AGENCY's
option: (i)certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or(ii)returned all of the State's Confidential Information to the AGENCY;or(iii)take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03,the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT;the purpose(s) for which
the State's Confidential Information was received; who received,maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor,audit,or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring,auditing,or
investigating may include, but is not limited to,salting databases.
Agreement Dumber: LA 7173
LocalAgency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14
Revised 411012016
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a)at the commencement of the term of this AGREEMENT; or(b)as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party;(iv) is publicly known; or(v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as"Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6)years
from the date of final payment to the CONSULTANT,the CONSULTANT shall keep, retain and maintain all
"documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation,claim or audit is commenced,the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT,"documents"means every writing or record of every type and description,
including electronically stored information("ESI"),that is in the possession, control, or custody of the
CONSULTANT, including,without limitation, any and all correspondences, contracts,AGREEMENT`s,
appraisals,plans, designs,data,surveys,maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes,drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number: LA 7173
Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14
Revised 411012015
tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, Custody, or control of tile
(I
'.ONSULIANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to all original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear oil the original.
For purposes of this AGREEMENT, "ESI," means any and all computer data or electronic recorded media orally
kind, including "Native Files", that. are stored in any rnedium frorn which it can be retrieved and examined, either
directly or after translation into a reasonably Useable form. ES1 may include information and/or documentation
stored in various software programs such as: ]--'mail, Outlook, Word, Excel,Access, Publisher, PowerPoint, Adobe
Acrobat, SQI-databases, or all), other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or ally other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including all),
personal devices used by the CONSULTANT or any sub consultant at horne.
"Native files" are a subset of ESI and refer to the electronic format of the application in which Such ESI is normally
created, viewed, and/or modified.
The CONS ULTANTshal I include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT
L
Signature
Signature Date/
Any tno(.Itfication, charrge, or re.1brination of this A GRELWE JNTT shall require qj)j:7rova1 cis to filn-ni by the Office
(#'the Attorney General,
Agreement Number LA 7173
Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14
Revised 411012015
DATE(MWDDNYYY)
.tJar� CERTIFICATE OF LIABILITY INSURANCE F
02/16/2016
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()es)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 CONTACT
NAME:
AOn Risk insurance Services West, Inc. (866) 283-7122 (800) 363-0105
Los Angeles CA office ac.Na.ExI; Ara No.:
707 Wilshire Boulevard E-MAIL s:
suite 2600
Los Angeles CA 90017-0460 USA
INSURER(S)AFFORDING COVERAGE NAIG 73
INSURED INSURER A: National union Fire ins Co of Pittsburgh 19445
Tetra Tech, Inc. INSURERS: The Insurance Co of the State of PA 19429
400 112th Avenue N.E., Suite 400 Bellevue WA 98004 USA INSURERC; Lexington Insurance Company 19437
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:570061192383 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. Limits shown are as requested
INSR TYPE OF INSURANCE INS WVD POLICYNUMBER IMWDDNYYY) IMM1DDNVYYl LIMITS
X COMMERCIAL GENERAL LIABILITY GL EACH OCCURRENCE $2,000,000
CLAIMS-MADE %�OCCUR EMISES Ea oocurtonea S1,000,000
X X,C,U Cova soo MED EXP*y ono parson) $10,000
PERSONAL&ADV INJURY S2,000,000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,005
tAU
ICY �X PRO- aX LOC PRODUCTS•COMPIOP AGO $1,000,000
JECER:
smeLABILI Y CA 3194397 10/01/201S 10/01/2016 COMBINED SINGLE LIMIT $1,000,000
Me accldonD
AUTO BODILYINJURY(Parparson)OWNED SCHEDULED BODILYINJURY(PeracddenqOS AUTOS PROPERTY DAMAGED AVT08 X NON OWNEDAUTOS
BRELLA LAB OCCUR EACH OCCURRENCEESS LAB CLAIMS-MADE AGGREGATE
RETENTIONRSCOMPENSATIONAND WC014267906 1 0 20 Ol 2016 X PER TH
ERB'LABILITY 1 WC014267908 10/01/2015 10/O3f2016PRIETORIPARTNERIEXECUTNE NIA wC014267907 to/D1/zo15 10/O1/2016 E.L EACH ACC S1,000,000
OFFICER/MEMBER EXCLUDED?
B (Mandatary In NH) WC014267912 10/01/2015 10/01/2016 E.L DISEASE-EA EMPLOYEE $1,000,000
Ueo descr)be under
RIPTIONOF OPERATIONS beknv ELDISEASE.POLICYLIMIT $1,000,000.,—.-
c contractor Prof 028162375 10/01/2015 10/0 /2017 Eac can 2,000,000 T
Prof/Poll Liab Agggregate $2,000,000
SIR applies per policy ter ns & conditions
DESCRIPTION OF OPERATIONS I LOCATION&I VEHICLES(ACORD 101,Addnlonal Romtarke Schedule,may be attached 8 more spaco is roqulrod)
RE: Tetra Tech Project via Bellevue office with City of Kent, Tetra Tech Project: SOth Ave. s. Pavement Rehabilitation. City
of Kent is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile
Liability policies as required by written contract. General Liability policy evidenced herein is Primary and Non-contributory
to other insurance available to an Additional Insured, but only in accordance with the policy's provisions as required by
written contract. severability of Interest is included under the General Liability policy where required by written contract.
Stop Gap Coverage for the following states: OH, ND, WA, WY.
0-:
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE y
EXPIRATION DATE THEREOF,NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
aCJ
City of Kent AUTHORIZED REPRESENTATIVE
Attn: Nancy Yoshitake
400 West Gowe �I Q �Q ���j
Kent WA 98032 USA Ma ✓Lei' r'J IW axM ye4vit1'Q ly1.74 fxA
01988-2014 ACORD CORPORATION.All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
l
i
I
ENDORSEMENT
This endorsement, effective 12:01 A.M. 10/01/2015 forms a part of
policy No. GL3372258
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S COMMERCIAL PRIME ENDORSEMENT
This endorsement modifies Insurance provided under the following:
i
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Coverage afforded under this endorsement does not apply to any person or organization covered as
an additional insured on any other endorsement now or hereafter attached to this Coverage Part.
I. ADDITIONAL INSUREDS
Section 11 - WHO IS AN INSURED, 1. is amended to include as an insured any person or
organization described in paragraphs A through I below, whom you are required to add as
an additional insured under a written contract or agreement. The written contract or
agreement must be:
1. Currently in effect or becoming effective during the term of this policy; and
2 Executed prior to "bodily injury", "property damage," or "personal injury and
advertising injury".
A. BY CONTRACT
Any person or organization to whom you become obligated to Include as an additional
insured under this policy, as a result of any contract or agreement you enter into which
requires you to furnish insurance to that person or organization of the type provided by
this policy, but only with respect to liability arising out of your operations or premises
owned by or rented to you. However, the insurance provided will not exceed the lesser
of:
1. The coverage and/or limits of this policy, or
2. . The coverage and/or limits required by said contract or agreement.
t
B. CONTROLLING INTEREST
1. Any person or organization having a greater than a 50% Interest in you, but only
with respect to their liability arising out of:
a. Their financial control of you; or
b. Premises they own, maintain or control while you lease these premises.
z
2. The insurance afforded to these additional insureds under Paragraph I.B.1 does not
apply to structural alterations, new construction or demolition operations performed
by or for that person or organization.
C. CO-OWNER OR INSURED PREMISES
A Co-owner of insured premises co-owned by you and covered by this insurance but
only with respect to their liability as co-owner of the premises.
100983 (2/09) Page 1 of 7
D. LESSOR OF LEASED EQUIPMENT
1. Any person or organization from whom you lease equipment, but only with respect
to liability for "bodily injury", "property damage"or "personal and advertising injury"
caused, in whole or in part, by your maintenance, operation or use of such
equipment leased to you by such person(s) or organization(s).
2. With respect to the Insurance afforded to these additional insureds under Paragraph
I.D.1, this insurance does not apply to any 'occurrence" which takes place:
a) after the equipment lease expires, or
b) after the equipment Is returned or no longer In your possession,
whichever takes place later.
E. MANAGERS OR LESSORS OF PREMISES
Managers or Lessors of premises but only with respect to liability arising out of the
ownership, maintenance or use of that part of the premises leased to you and subject to
the following additional exclusions:
This Insurance under this paragraph does not apply to:
1. Any "occurrence" which takes place after you cease to be a tenant in that premises.
2. Structural alterations, new construction or demolition operations performed by or on
behalf of such Managers or Lessors.
F. MORTGAGEE,ASSIGNEE, OR RECEIVER
1. A mortgagee, assignee, or receiver but only with respect to their liability as
mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or
use of the premises by you.
2. The insurance afforded to the additional Insureds under Paragraph I.F.1 does not
apply to structural alterations,new construction or demolition operations performed
by or for that mortgagee, assignee, or receiver.
G. OWNERS, LESSEES, OR CONTRACTORS-COMPLETED OPERATIONS
(1) Any Owner, Lessee or Contractor, but only with respect to liability arising out of
"your work" performed for that additional Insured and included in the "products-
completed operations hazard".
H. OWNERS, LESSEES, OR CONTRACTORS-ONGOING OPERATIONS
Any Owners, Lessees,or Contractors,but only with respect to liability arising out of
your ongoing operations performed for that additional insured.
This insurance does not apply to "bodily injury" or "property damage" occurring
after:
(1) all work, including materials,parts or equipment furnished in connection with
such work, on the project (other than service, maintenance or repairs) to be
performed by or on behalf of the additional insured(s) has been completed;
or,
(2) that portion of "your work" out of which the injury or damage arises has
been put to Its intended use by any person or organization other than
another contractor or subcontractor engaged in performing operations for a
principal as a part of the same project.
100983 (2/09) Page 2 of 7
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). STATE OR POLITICAL SUBDIVISION- PERMITS
Any State or Political Subdivision, subject to the following provisions:
1. This insurance applies only with respect to operations performed by you or on your
behalf for which the state or political subdivision has issued a permit.
I
2. This insurance does not apply to:
a. "Bodily injury," "property damage" or" personal and advertising injury"
arising out of operations performed for the state or municipality; or
b. "Bodily injury" or "property damage" included within the "products-
completed operations hazard".
If. PRIMARY INSURANCE-ADDITIONAL INSUREDS
Where persons or organizations have been added to your policy as additional insureds to
comply with insurance requirements of written contracts mandating primary coverage for
such additional insureds relative to:
a) the performance of your ongoing operations for the additional insureds; or
b) "your work" performed for the additional insureds and included in the "products-
completed operations hazard,
then with respect to these additional Insureds as defined above in this Section only,
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. - Other
Insurance,a. - Primary Insurance, is deleted in its entirety and replaced with the following: i
This insurance is primary over any similar insurance available to any person or organization
we have added to this policy as an additional insured to comply with insurance requirements
of written contracts mandating primary coverage for such additional insureds relative to (a)
the performance of your ongoing operations for the additional insureds, or (b) "your work"
performed for the additional insureds and included in the "products-completed operations
hazard. However, this insurance is primary over any other similar Insurance only if the
additional insured is designated as a named insured of the other similar insurance. We will
not require contribution of limits from the other similar insurance if the Insurance afforded is
primary.
Ill. INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE
SECTION II - WHO IS AN INSURED, 2. a. (1) (d) is deleted in its entirety and replaced
with the following:
(d) Arising out of his or her providing or failing to provide professional health care
services, except for "bodily injury" arising out of "Incidental Medical Malpractice
Injury" by any physician, dentist, nurse or other medical practitioner employed or
retained by you unless such "bodily injury" is covered by another primary policy.
However, the insurance provided hereunder to such persons will not apply to liability
arising out of services performed outside of the scope of their duties as your
"employees." Any series of continuous, repeated or related acts will be treated as
the occurrence of a single negligent professional healthcare service, which will be
assignable to the same policy and policy year in which the originating act occurred.
SECTION V- DEFINITIONS - is amended to add:
"Incidental Medical Malpractice Injury" means"Bodily Injury" arising out of the rendering
of or failure to render the following services:
100983 (2/09) Page 3 of 7
a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of
food or beverages in connection therewith; or
b. the furnishing or dispensing of drags or medical, dental or surgical supplies or
appliances.
.The Coverage provided by this endorsement does not apply to you or any insured if you
are engaged in the business or occupation of providing any of the services described In
the definition of "Incidental Medical Malpractice Injury".
IV. JOINT VENTURES/PARTNERSHIPS/LIMITED LIABILITY COMPANIES
The paragraph under SECTION II -WHO IS AN INSURED which states:
No person or organization is an insured with respect to the conduct of any current or
past partnership,joint venture or limited liability company that is not shown as a Named
Insured in the Declarations.
is hereby deleted and replaced with the following:
No person or organization, other than you, is an Insured with respect to the conduct of
any current or past partnership, joint venture or limited liability company that is not
shown as a Named Insured in the Declarations.
Coverage under this policy, however, will not apply:
a. Prior to the termination date of any joint venture, partnership or limited
liability company; or
b. If there is valid and collectible insurance purchased specifically to insure the
partnership,joint venture or limited liability company.
V. SUPPLEMENTARY PAYMENTS
Under SECTION I-SUPPLEMENTARY PAYMENTS-COVERAGES A AND B, Paragraph 1.b.,
Is deleted in its entirety and replaced with the following:
b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law
violations arising out of the use of any vehicle to which the Bodily Injury Liability
Coverage applies. We do not have to fumish these bonds.
Vi. LIBERALIZATION CLAUSE
If we revise or replace our standard policy form to provide more coverage,your policy will
automatically provide the additional coverage as of the day the revision Is effective in your
state.
VII. UNINTENTIONAL ERRORS AND OMISSIONS
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. - Representations is
amended by adding:
d. The unintentional failure by you or any Insured to provide accurate and complete
nonmaterial representations as of the inception of the policy will not prejudice the
coverages afforded by this policy.
Vlll. AMENDMENT OF DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2.- Duties in the Event
of Occurrence, Offense, Claim or Suit, a. is hereby deleted and replaced with the
following:
100983 (2/09) Page 4 of 7
a. You must see to it that we are notified as soon as practicable of any"occurrence"or
an offense, which may result In a claim. Knowledge of an "occurrence" or an
offense by your agent, your servant, or your employee will not in itself constitute
knowledge to you unless the Director of Risk Management (or one with similar or
equivalent title) or his/her designee will have received such notice. To the extent '
possible notice should include:
(1) How, when and where the "occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the "occurrence"
or offense.
IX. AMENDMENT OF EXPECTED OR INTENDED INJURY EXCLUSION
SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, 2. - Exclusions, a. - Expected or Intended Injury, is deleted and replaced by the
following:
a. "Bodily Injury" or "property damage" expected or intended from the standpoint
of the insured. This exclusion does not apply to "bodily injury" or "property
damage" resulting from the use of reasonable force to protect persons or
property.
X. CONTRACTUAL LIABILITY-RAILROADS
Only with respect to (1) operations performed within 50 feet of railroad property and (ii) for
which a Railroad Protective Liability Policy in the name of the railroad has been provided,
then
A. 'SECTION V- DEFINITIONS, Paragraph 9, is deleted in Its entirety and replaced with the
following:
9. "Insured Contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a
lease of premises that indemnifies any person or organization for damage by fire
to premises while rented to you or temporarily occupied by you with permission
of the owner Is not an "insured contract";
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement;
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f. That part of any other contract or agreement pertaining to your business
(including an indemnification of a municipality in connection with work
performed for a municipality) under which you assume the tort liability of
another party to pay for "bodily injury" or "property damage" to a third person
or organization. Tort liability means a liability that would be imposed by law in
the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage
arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop
drawings, opinions, reports, surveys, field orders, change orders or
drawings and specifications; or
100983 (2/09) Page 5 of 7
(b) Giving directions or instructions, or failing to give them, if that is the
primary cause of the injury or damage;or
(2) Under which the insured, if an architect, engineer or surveyor, assumes
liability for an injury or damage arising out of the insured's rendering or
failure to render professional services, Including those listed in Paragraph (1)
above and supervisory, inspection, architectural or engineering activities; and
B. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. - Other Insurance,
b.Excess Insurance,(1) (a), Is amended to include the following:
(v) That is a Railroad Protective Insurance Policy or similar coverage.
XI. COVERAGE FOR YOUR SUPERVISORY OR MANAGERIAL EMPLOYEES RELATING TO CO-
EMPLOYEE INJURIES
SECTION II-WHO IS AN INSURED, 2.a. (1), (a) and(b) are clarified to hold that:
Your supervisory or managerial "employees" are insureds for "bodily injury" to "co-
employees" while in the course of their employment or performing duties related to the
conduct of your business if claims or suits arise out of liability assumed by an insured
under an "insured contract" as provided by SECTION I - COVERAGES, COVERAGE A
BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, e. Employer's
Liability.
XII. WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. -Transfer of Rights
of Recovery Against Others To Us, is amended by the addition of the following:
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We waive any right of recovery we may have against any person or organization
pursuant to applicable written contract or agreement you enter into because of
payments we make for injury or damage arising out of your ongoing operations or
"your work" done under a contract with that person or organization and included in
the "products-completed operations hazard".
XIII. AMENDMENT OF OTHER INSURANCE j
A. SECTION 1V - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.- Other Insurance, b.
-Excess Insurance, (1), is amended to Include the following:
This insurance shall not be excess where (1) such other insurance is specifically
purchased to apply as excess of this policy, or (III where you are obligated by
contract to provide primary Insurance to an additional insured, unless there is other
additional insurance coverage available to that additional insured.
B, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4: Other Insurance, b.
-Excess Insurance, (2), is deleted in its entirety and replaced with the following:
When this insurance is excess, we will have no duty under Coverages A or B to
defend any claim or "suit" that any other insurer has a duty to defend. If no other
insurer defends, we will undertake to do so, but we will be entitled to the insured's
rights against all those other insurers.
XIV. AMENDMENT AGGREGATE LIMITS PER PROJECT
A. For all sums which the insured becomes legally obligated to pay as.damages caused by
"occurrences"under COVERAGE A (SECTION 1), offense under COVERAGE B (SECTION
1) and for all medical expenses caused by accidents under COVERAGE C (SECTION 1),
which can be attributed only to ongoing operations at a single designated construction
project:
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100983(2/09) Page 6 of 7
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C
4. A separate Per Construction Project General Aggregate Limit applies to each
construction project, and that limit is equal to the amount of the General
Aggregate Limit shown In the Declarations.
2. The Per Construction Project General Aggregate Limit is the most we will pay for
the sum of (1) all damages under COVERAGE A, except damages because of
"bodily injury" or "property damage" included in the "products-completed
operations hazard", (ii) all damages under COVERAGE 8 and (III) all medical
expenses under COVERAGE C regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".
3. Any payments made under COVERAGE A or B for damages or under COVERAGE
C for medical expenses shall reduce the Per Construction Project General
Aggregate Limit for that construction project. Such payments shall not reduce
the General Aggregate Limit shown in the Declarations nor shall they reduce any
other Per Construction Project General Aggregate Limit for any other
construction project covered under this policy.
4. The limits shown In the Declarations for Each Occurrence, Fire Damage and
Medical Expense continue to apply. However, instead of being subject to the
General Aggregate Limit shown in the Declarations,such limits will be subject to
the applicable Per Construction Project General Aggregate Limit.
B. For all sums which the Insured becomes legally obligated to pay as damages caused by
"occurrences" under COVERAGE A (SECTION 1), offenses under COVERAGE B
(SECTION 1) and for all medical expenses caused by accidents under COVERAGE C
(SECTION 1), which cannot be attributed only to ongoing operations at a single
construction project:
1. Any payments made under COVERAGE A or B for damages or under COVERAGE
C for medical expenses shalt reduce the amount available under the General
Aggregate Limit or the Products-Completed Operations Aggregate Limit,
whichever is applicable; and
2. Such payments shall not reduce any Construction Project General Aggregate
Limit.
C. When coverage for liability arising out of the "products-completed operations hazard" is
provided, any payments for damages because of "bodily injury" or "property damage"
included in the "products-completed operations hazard" will reduce the Products-
Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor
the Construction Project General Aggregate Limit.
D. If the applicable construction project has been abandoned, delayed, or abandoned and !
then restarted, or if the authorized contracting parties deviate from plans, blueprints,
designs, specifications or timetables, the project will still be deemed to be the same
construction project.
E. The provisions of Limits of Insurance (SECTION 111) not otherwise modified by this
endorsement shall continue to apply as stipulated.
100983 (2/09) Page 7 of 7
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY.
ENDORSEMENT
This endorsement, effective 12:01 A.M. 10/01/2015 forms a part of
Policy No. GL3372258 issued to Tetra Tech, Inc.
By: National Union Fire Insurance Company of Pittsburgh, PA
LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of
premium, and
1. the cancellation effective date is prior to this policy's expiration date;
2. the First Named Insured is under an existing contractual obligation to notify a
certificate holder when this policy is canceled (hereinafter, the "Certificate
Holders)") and has provided to the Insurer, either directly or through its broker of
record, the email address of a contact at each such entity; and
3. the Insurer received this information after the First Named Insured receives
notice of cancellation of this policy and prior to this policy's cancellation effective
date, via an electronic spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the "Advice") via a-mail to each such
Certificate Holders within r 30 1 days after the First Named Insured provides such information
to the Insurer; provided, however, that if a specific number of days is not stated above, then
the Advice will be provided to such Certificate Holders) as soon as reasonably practicable after
the First Named Insured provides such information to the Insurer.
Proof of the Insurer emailing the Advice, using the information provided by the First Named
Insured, will serve as proof that the insurer has fully satisfied its obligations under this
endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the
cancellation of this policy or the effective date thereof, nor shall this endorsement invest any
rights in any entity not insured under this policy.
The following Definitions apply to this endorsement:
1. First Named Insured means the Named Insured shown on the Declarations Page of this
policy.
2. Insurer means the insurance company shown in the header on the Declarations page of
this policy.
All other terms, conditions and exclusions shall remain the same.
107414 (03/11)
1
I
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ENDORSEMENT
This endorsement, effective 12:01 A.M. 10/01/2015 forms a part of
Policy No. CA3194397 issued to Tetra Tech, Inc.
By: National Union Fire Insurance Company of Pittsburgh, PA
LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of
premium, and
1. the cancellation effective date is prior to this policy's expiration date;
2. the First Named Insured is under an existing contractual obligation to notify a
certificate holder when this policy is canceled (hereinafter, the "Certificate
Holders)") and has provided to the Insurer, either directly or through its broker of
record, the email address of a contact at each such entity; and
3. the Insurer received this information after the First Named Insured receives
notice of cancellation of this policy and prior to this policy's cancellation effective
date, via an electronic spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such
Certificate Holders within r 30 1 days after the First Named Insured provides such information
to the Insurer; provided, however, that if a specific number of days is not stated above, then
the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after
the First Named Insured provides such information to the Insurer.
i
Proof of the insurer emailing the Advice, using the information provided by the First Named
Insured, will serve as proof that the Insurer has fully satisfied its obligations under this
endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the
cancellation of this policy or the effective date thereof, nor shall this endorsement invest any
rights in any entity not insured under this policy.
The following Definitions apply to this endorsement: j
I
1. First Named Insured means the Named Insured shown on the Declarations Page of this
Policy.
2. Insurer means the insurance company shown in the header on the Declarations page of
this policy.
All other terms, conditions and exclusions shall remain the same.
107414 (03/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ENDORSEMENT
This endorsement, effective 12:01 A.M. 10/01/2015 forms a part of
Policy No. WC 014267906 issued to Tetra Tech, Inc.
By: Insurance Company of the State of Pennsylvania
LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of
premium, and
1. the cancellation effective date is prior to this policy's expiration date;
2. the First Named Insured is under an existing contractual obligation to notify a
certificate holder when this policy is canceled (hereinafter, the "Certificate
Holder(s)") and has provided to the Insurer, either directly or through its broker of
record, the email address of a contact at each such entity; and
3. the Insurer received this information after the First Named Insured receives
notice of cancellation of this policy and prior to this policy's cancellation effective
date,via an electronic spreadsheet that is acceptable to the Insurer,
i
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such
Certificate Holders within r 30 1 days after the First Named Insured provides such information
to the Insurer; provided, however, that if a specific number of days is not stated above, then
the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after
the First Named Insured provides such information to the Insurer.
Proof of the Insurer emailing the Advice, using the information provided by the First Named
Insured, will serve as proof that the Insurer has fully satisfied its obligations under this
endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the
cancellation of this policy or the effective date thereof, nor shall this endorsement invest any
rights in any entity not insured under this policy.
The following Definitions apply to this endorsement:
1. First Named Insured means the Named Insured shown on the Declarations Page of this
Policy.
2. Insurer means the insurance company shown in the header on the Declarations page of
this policy.
All other terms, conditions and exclusions shall remain the same.
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107414(03/11)
i
`I
I
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ENDORSEMENT
This endorsement, effective 12:01 A.M. 10/01/2015 forms a part of
Policy No. WC014267908 issued to Tetra Tech, Inc.
By: Insurance Company of the State of Pennsylvania
LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of
premium, and
1. the cancellation effective date is prior to this policy's expiration date;
2. the First Named Insured is under an existing contractual obligation to notify a
certificate holder when this policy is canceled (hereinafter, the "Certificate
Holder(s)") and has provided to the Insurer, either directly or through its broker of
record, the email address of a contact at each such entity; and
3. the Insurer received this information after the First Named Insured receives
notice of cancellation of this policy and prior to this policy's cancellation effective
date,via an electronic spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such
Certificate Holders within r 30 1 days after the First Named Insured provides such information
to the Insurer; provided, however, that if a specific number of days is not stated above, then
the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after
the First Named Insured provides such information to the Insurer.
I
Proof of the Insurer emailing the Advice, using the information provided by the First Named
Insured, will serve as proof that the Insurer has fully satisfied its obligations under this
endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the
cancellation of this policy or the effective date thereof, nor shall this endorsement invest any
rights in any entity not insured under this policy.
The following Definitions apply to this endorsement:
1. First Named Insured means the Named Insured shown on the Declarations Page of this
policy.
2. Insurer means the insurance company shown in the header on the Declarations page of
this policy.
All other terms, conditions and exclusions shall remain the same.
107414 (03/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ENDORSEMENT
This endorsement, effective 12:01 A.M. 10/01/2015 forms a part of
Policy No. WC 014267907 issued to Tetra Tech, Inc.
By: Insurance Company of the State of Pennsylvania
LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
This polity is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of
premium, and
1.. the cancellation effective date is prior to this policy's expiration date;
2. the First Named Insured is under an existing contractual obligation to notify a
certificate holder when this policy is canceled (hereinafter, the "Certificate
Holder(s)") and has provided to the Insurer, either directly or through its broker of
record, the email address of a contact at each such entity; and
3. the Insurer received this information after the First Named Insured receives
notice of cancellation of this policy and prior to this policy's cancellation effective
date, via an electronic spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such
Certificate Holders within r 301 days after the First Named Insured provides such information
to the Insurer; provided, however, that if a specific number of days is not stated above, then
the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after
the First Named Insured provides such information to the Insurer.
Proof of the Insurer emailing the Advice, using the information provided by the First Named
Insured, will serve as proof that the Insurer has fully satisfied its obligations under this
endorsement. j
This endorsement does not affect, in any way, coverage provided under this policy or the
cancellation of this policy or the effective date thereof, nor shall this endorsement invest any j
rights in any entity not insured under this policy.
The following Definitions apply to this endorsement:
1. First Named Insured means the Named Insured shown on the Declarations Page of this
policy.
2. Insurer means the insurance company shown in the header on the Declarations page of
this policy.
f
All other terms, conditions and exclusions shall remain the same.
I
t
I
107414 (03/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ENDORSEMENT
This endorsement, effective 12:01 A.M. 10/01/2015 forms a part of
Policy No. WC014267912 issued to Tetra Tech, Inc.
By: Insurance Company of the State of Pennsylvania
LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of
premium, and
1. the cancellation effective date is prior to this policy's expiration date;
2. the First Named Insured is under an existing contractual obligation to notify a
certificate holder when this policy is canceled (hereinafter, the "Certificate
Holder(s)") and has provided to the Insurer, either directly or through its broker of
record, the email address of a contact at each such entity; and
3. the Insurer received this information after the First Named Insured receives
notice of cancellation of this policy and prior to this policy's cancellation effective
date,via an electronic spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the "Advice") via a-mail to each such
Certificate Holders within r 301 days after the First Named Insured provides such information
to the Insurer; provided, however, that if a specific number of days is not stated above, then
the Advice will be provided to such Certificate Holder(s)as soon as reasonably practicable after
the First Named Insured provides such information to the Insurer.
Proof of the Insurer emailing the Advice, using the information provided by the First Named
Insured, will serve as proof that the Insurer has fully satisfied its obligations under this
endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the
cancellation of this policy or the effective date thereof, nor shall this endorsement invest any
rights in any entity not insured under this policy.
The following Definitions apply to this endorsement:
1. First Named Insured means the Named Insured shown on the Declarations Page of this
policy.
2. Insurer means the insurance company shown in the header on the Declarations page of
this policy.
All other terms, conditions and exclusions shall remain the same.
107414(03/11)
ENDORSEMENT
This endorsement,effective 12.01 AM 10/01/2015
Forms a part of policy no.: 028182375
Issued to: TETRA TECH, INC., ET AL
By:LEXINGTON INSURANCE COMPANY
ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED LIMITED
TO E-MAIL NOTIFICATION
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non payment of premium,and
1. The cancellation effective date is prior to this policy's expiration date;
2. The First Named Insured is under an existing contractual obligation to notify a certificate
holder when this policy is canceled (hereinafter, the "Certificate Holder(s)"); and has
provided to the Insurer, either directly or through its broker of record,the email address of
the contact at such entity,
and the Insurer received this information after the First Named Insured receives notice of
cancellation of this policy and prior to this policy's cancellation effective date, via an electronic
spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the "Advice") via e-mail to such Certificate Holders.
Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured,
will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of
this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not
insured under this policy.
The following Definitions apply to this endorsement:
1. First Named Insured means the Named Insured shown on the Declarations Page of this
policy.
2. Insurer means the insurance company shown in the header on the Declarations Page of this
policy,
All other terms, conditions and exclusions shall remain the same.
LX8260(05/13) Page 1 of 1
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Exhibit A
Scope of Work
Project No. STPB-1216 (004)
See attached.
Agreement Number: LA 7173
WSDOT Form 140-089 EF Exhibit Page 1 of 1
Revised 1013012014
EXHIBIT A
9�Pvay__
A LAND SERVICES COMPANY
March 3,2016
Ingrid Willms-Dixon,Project Analyst
City of Kent,Public Works Engineering
400 West Gowe Street
Kent,Washington 98032-5895
Re: 228h Street UPRR Grade Separation Project
Right of Way Acquisition Services
Dear Ms.Wilms-Dixon,
Thank you for the opportunity to provide the City of Kent (the City) with our estimate of costs
related to completing relocation planning and the acquisition of property rights for the above-
referenced project.
Tierra Right of Way Services, Ltd. (Tierra), will comply with Washington State Department of
Transportation (WSDOT) guidelines, including Local Agency Guidelines (LAGs), and Washington
state law,specifically as stated in Chapter 8.26 of the Revised Code of Washington(RCW),
It is our understanding that the City will procure the needed appraisal reports and related valuation
services (Project Funding Estimates jPl~Es] and Review Appraisals) from their own sources. It is
assumed that the City will also provide the following in order for Tierra to complete the Scope of
Work:
o Appraisal Reports and PFEs,as needed, for each parcel with a real estate interest to
be acquired.
o Title Reports for each parcel.
o Legal Descriptions for each real estate interest to be acquired.
Our proposed price reflects this understanding and these assumptions.
Tierra will deliver the 228'h Street Union Pacific Railroad (UPRR) Grade Separation Project within
the budget proposed and according to your project schedule.
Our teem looks forward to Working with the City to complete this important project to improve
transportation and safety to the residents of Kent.
Sincerely,
Mack Dickerson,SR/WA,RW/RAC,GRI
Vice President,Right of Way Operations
Randye K. Ferrick, President & Broker
17553 15`d Avenue NE o Shoreline, Washington 9SIS5 • 206.363.1556 o Fax: 206.363.0106
Right of Way * Cultural Resources V Environmental Planning
Federal, State, and Local Permitting • GIS/CAD Mapping
www.tierra-row.corn
PROJECT UNDERSTANDING
The City is in the design phase of planning for the construction of a grade-separated interchange
(GSI) at the intersection of 228th Street and the UPRR tracks within City limits. 11-ds project is
known as the 228th Street UPRR GSI Project(the Project).The City has applied for and intends to
use Federal funds. Due to the use of Federal funds, the City is required to follow the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (the Uniform
Act) (49 CFR Part 24) and the statutes found in Chapter 8.26 RCW. In addition, the City must
comply with WSDOT's LAGS.
There are 12 parcels that will be impacted by the Project and 23 occupants,all of which appear to be
commercial/business occupants. As of this date, no occupants will be displaced by the Project.
Thus, no relocation planning efforts or relocation assistance is included in this Scope of Work. The
Scope of Work anticipated by this proposal is for the acquisition of those properties identified in
Table I below.
PROJECT APPROACH—ACQUISITIONS
Acquiring rights of way for public and private projects is inherently a challenge. Property owners do
not want to give up any rights to their property, period. Most every property owner within a
project's limits is a "NIMBY" ("Not in my back yard!") from the start. Our staff have been
threatened with legal action if the project impacts their property, and many of our staff have even
been threatened with bodily harm by property owners. However,we persevere,we educate,and we
negotiate win-win outcomes for both the property owner and the client agency. Property owners
impacted by a project will always first say "no" to a project when they learn that their property is
impacted. Tierra believes that their "no" really means that they do not "know" enough about the
project and the acquisition process to be comfortable in negotiating a win-win outcome.
Tierra's philosophy is that acquisitions that begin with education about the projeces benefits and the
acquisition process will result in negotiations with win-win outcomes for both parties and successful
acquisitions. By following this philosophy, Tierra has achieved a 95 percent saccess rate in completing acquisition
assignments without the ass of a client agency's eminefft domain powers
In all of the projects referenced in this proposal, our approach has been to learn everything we can
about the project, the properties impacted, and the property owners first. We review the project
objective, project design plans, and documents available, and we discuss the project with project
team members.We have to establish the reasons for the project design,identify alternatives that may
exist and their conditions, and determine not only, the impacts of the project to each property but
also the benefits the project will bestow upon the property owner. This allows us to educate the
property owner during the acquisition process and convert their "no" into knowledge of both the
project and their options.
Upon receipt of the title reports for each property,Tierra performs a thorough review to determine
the condition of the title and the requirements necessary to convey the interest to be acquired. We
search the Internet for information about each property owner so that we have some advanced
insight as to whom we will be negotiating with (for example, it's nice to know ahead of time that a
property owner is the cousin of a County Commissioner). Ownership and property data is then
entered into a line list. This list is created in Microsoft Excel and can be copied into various forms
228'h Street UPRR Grade Separation Project 2
Right of Way Acquisition and Relocation Planning Services
for status reports and mail-merges of right of way agreements, purchase agreements, summary
statements,and other related documentation,thus increasing efficiency in document preparation.
Tierra adheres to Federal and State laws that regulate the purchase of property and property rights
under the threat of condemnation.The Uniform Act requires that each person from whom property
or property rights will be acquired be provided with a brochure that explains the acquisition process.
Our Agents will provide this brochure to each property owner during our first visit with them. We
will review pertinent sections of the acquisition brochure with the property owner and answer any
questions they may have about the acquisition process.
The first meeting with a property owner is critical to the success of the project. It sets the tone for
all future meetings. At this meeting, we educate the property owner about the project and the
process, and our Agent begins building a rapport with the property owner. We try to be personable
and make a connection, asking questions such as "I noticed your Golden Retriever. They are great
pets,aren't they?"and"Do you know what a slope easement is?"
We will invite the owner to accompany the appraiser on the appraisal inspection so that the property
owner can point out anything that, in their mind, provides value to their property. This allows the
appraiser to address those items in their appraisal report.When an owner sees that the appraiser has
mentioned their value points in the appraisal of their property,it helps eliminate many of their fears
and confirms that what they are being offered by the acquiring agency is reflective of the market
value; this promotes fairness in the transaction. When the appraisal is approved by the City, the
City's Project Manager or designate will transinit the appraisal and the review appraisal report to
Tierra to begin drafting the purchase documents. Tierra's Agents) assigned to the project will
review the appraisal report thoroughly to familiarize themselves with the value opined so that they
are better positioned to advocate the value on behalf of the City. This also leads to better education
of the property owner and more"win win"outcomes.
Utilizing the project line list,an acquisition package will be prepared via mail-merge.The acquisition
package will typically include an offer letter, the purchase agreement, the conveyance document, a
summary statement of just compensation,a legal description and survey exhibit,a second acquisition
brochure,a full copy of the appraisal report,and any document which may be necessary to clear title
issues as determined from the title report.The acquisition package will be reviewed for accuracy and
content by Tierra's Project Manager. Upon completion of the internal quality assurance review, the
acquisition package will be submitted to the City's Project Manager or designate for review and
approval. When approved by the City,multiple copies of each will be produced,as required by the
client,for presentation to the property owner.
Tierra's Agent will then schedule a meeting with the property owner. At this meeting, the City's
offer to purchase will be presented to the property owner. Our Agent will review the value
methodology and the process by which the appraiser derived the value offered to the owner. Our 95
percent suaws rate u dmctly related to our Agetst'a ability to explain the appraisal methodology and aaltre to an
ayvnsr, as well as the myriad documents they must sign. Often,an owner that reviews an appraisal by his or
herself doesn't understand how the value was derived; this can result in prolonged negotiations and
counteroffers. However, our experience has found that if our Agents can spend a few hours up
front with the owner explaining the appraised value and what the owner is signing,the owner will be
more likely to agree to the appraised value within a few days of presenting the City's offer.This also
helps to elevate our Agent into a position of trust and integrity with the owner.
2281h Street—UPRR Grade Separation Project 3
Right of Way Acquisition and Relocation Planning Services
For those owners who do not agree to an acquisition upon the presentation of the City's offer, our
Agent will regularly follow up to resolve issues or concerns. If an owner is concerned about a
construction issue, our Agent will utilize a right of way commitment to memorialize any
construction conditions which need to be adhered to in order to secure the owner's agreement to
the acquisition. Our objective is to move the acquisition forward not by exerting pressure on a
property owner,but rather by resolving all issues and concerns,thus eliminating any objection to the
completion of the acquisition. In the event that an owner is unwilling to grant the required right of
way and an approved settlement cannot be negotiated,Tierra will prepare and deliver to the owner
the required condemnation notices, close its acquisition file, and prepare a request for
condemnation, transmitting these items to the City's Project Manager. Tierra will provide
condemnation support as directed to complete the acquisition; however,our cost proposal does not
include such services.
When an acquisition has been completed without the use of condemnation, the acquisition
documents signed by the owner will be forwarded to the City for its approval and signature. When
the documents are complete,an escrow will be opened with the title company that prepared the title
report.The title company will prepare any necessary documents to complete the conveyance to the
City of the right of way, account for funds received from the City and disbursed to the owner, and
issue a title insurance policy for the benefit of the City in an amount equal to the value negotiated.
Finally,the title company will record the conveyance at the King County Recorder's office.
Tierra will obtain a copy of all documents produced and utilized by the tide company for inclusion
in our closed acquisition file. Within 30 days of receipt of this documentation, Tierra will prepare
and transmit to the City a full and complete acquisition file including 0 relevant documents and
exhibits,closing documents,and a signed copy of the negotiator's diary.
Project Management
In order for the project to succeed, it is not just important that the selected consultant work as a
team with the City's Project Manager and other team members, it is critical.!The selected consultant
must provide the City will a high level of transparency and interaction,and the City should be able
to easily monitor the progress of the project at any time of the day.Tierra delivers this transparency
and teamwork through the use of our custom project management software,LandSoft.
All actions performed by our Agents and Project Managers are documented daily in LandSoft's right
of way database. LandSoft organizes right of way projects by parcel, providing the user with the
ability to document meetings, actions, directions given and received, e-mails, and time utilized for
each entry. These entries evolve into the Right of Way Agent's log of the acquisition. This log
becomes a piece of our final deliverable to the City. The log's contents will help the City"s
condemnation attorneys fonnulate their strategy,if a condemnation action must be used to complete
an acquisition. LandSoft also functions as cloud-based file storage,allowing any fonts of electronic
document to be uploaded for storage and retrieval at a later time. LandSoft also provides various
status report templates for right of way projects.
LandSoft entries and actions can be monitored by the City through a client access portal,providing
transparency and promoting interaction between the City and Tierra's staff. Since LandSoft is web-
based,and no special software is needed by our client to access the client portal. The only thing the
228th Street UPRR Grade Separation Project 4
Right of Way Acquisition and Relocation Planning Services
City will need to use LandSoft is an internet connection, a username, a password, and the web
address.The client portal provides the City with the latest project-related data; as soon as a note is
entered or a document is uploaded, it is available to an authorized LandSoft user. Project status
reports and project notes will be available to the City 24/7 through the client access portal,allowing
instant retrieval of up-to-the-minute project information.
Tierra's Project Manager will meet with the City's Project Manager at least bi-weekly to discuss
project progress, the project schedule, project-related issues, and more. Each month, Tierra will
report the status of the acquisition budget proposed. Unused time or funds in the budget from an
acquisition completed ahead of schedule is available to apply to more difficult acquisitions, and this
information is tracked and reported each month.
Between our proven project approach, dedication to communication and budget tracking,
and cutting edge project management tools, Tierra has the resources and experience the
City of Kent needs to achieve the highest quality results and deliver the 228' Street—UPRR
GSI Project successfully.
SCOPE OF WORK RELOCATION PLANNING
Before any acquisition activities can commence,a Relocation Plan must be prepared.Tierra staff will,
schedule a meeting with each potential displaces at their property within the project limits. Our
Agent will provide the displacee with an overview of the project and the relocation assistance that
may be available to them if they are required to move from the project limits. An interview will be
conducted to gather information pertinent to the relocation process. Our plan will consider the
relocation needs of businesses, including the availability of replacement sites, required zoning
changes to accomplish the relocation, existing operations and contracts, impacts of relocation on
employees and special considerations needed to accommodate the move of the business. The final
component of out plan will consider any special relocation advisory services that may be needed
from the City and other cooperating agencies.
Scope of Work—Relocation Planning
The City has requested a cost proposal to prepare a Relocation Plan for the owner of the PW2015-
007 parcel occupied by Alexander Exhibits.At this time,it is not known for sure that an acquisition
will occur on this property that will displace the tenant,Alexander Exhibits or the owner.These are
the only known potential displacees of the project at this time and the only ones to be covered by
the Relocation Plan.
Our cost to prepare a relocation plan in accordance with the Uniform Act and WSDOT LAGs is
$1,200.00.This assumes the following:
• There are no additional commercial tenants within the PW2015-007 parcel. If an
additional tenant is identified during the interview stage, Tierra will interview that
tenant at the earliest possible time and inform the City of the presence of an
additional tenant. '.
• No additional properties are impacted by the Project.
• Each commercial occupant will be interviewed within 60 days of contract award.
228e'Street—UPRR Grade Separation Project 5
Right of Way Acquisition and Relocation Planning Services
SCOPE OF WORK-ACQUISITION SERVICES
The City has requested that Tierra provide a cost proposal to acquire the real estate interests
identified in Table 1 below. All acquisition services shall be provided in accordance with Federal,
State,and local laws,including the Uniform Act,WSDOT LAGs, and Chapter 8.26 RCW. Out cost
proposal includes,but is not limited to,the following tasks:
• Attend Project meetings at the City of Kent as needed.
• Perform and oversee property negotiations.
• Review appraisals to prepare for negotiations.
o Maintain a Contact or Negotiator's Log for each parcel.
• Maintain a Project Log of project communications not relating to owners/parcels or
occupants.
• Prepare offer letters, notices, and other related acquisition documents using
WSDOT-approved forms.
o Provide project status update sheets every other week showing the status of
negotiations.
• Project management and coordination with City staff for oversight.
o Make recommendations for administrative settlements when appropriate and
properly supported.
® Prepare AOSs.
• Maintain a physical hardcopy file for each parcel.
• Prepare hardcopy files for WSDOT audit.
• A valuation prepared under the Appraisal Waiver provisions of the Uniform Act for
that parcel identified in Table 2 below.
The City will provide Tierra with the following prior to the commencement of any negotiation
activities:
• PFEs,appraisals,and appraisal reviews for all parcels as indicated in Table 1 below.
• Title Reports for all parcels indicated in Table 1 below.
® Legal descriptions and exhibits for each real estate interest identified in Table 1
below.
• The project schedule.
• Any contact information the City has for the property owners.
• A summary of any contact the City has had with the property owners.
Table 1. Properties to be acquired for Project
Project Parcel No. Assessor's Parcel No. Pro a Interest Cost:
PW2015-009 132204-9218 Partial fee or PE* $12,000.00
PW2015-007 383090-0050 PE*or Full Acquisition $12,000.00
PW2015-011 132204-9229 Partial fee and TCE**** $6,500.00
PW2015-012 132204-9339 Partial fee and TCE**** $6,500,00
PW2015.028 132204-9342 1 TCE**** $1,750.00
PW2015-029 383090-0065 TCE**** $1,750.00
PW2015-031 383090-0220 +"rcE**** $1 750.00
228th Street UPRR Grade Separation Project G
Right of Way Acquisition and Relocation Planaing Seivices
PW2015-0 2 383090-0250 �1 750.00
p'�,�r"'22015-034 353090-0210 'I'CE**"or 1aE,a $G,500.00
I'W2015-035 383090-0260 or PE* $6,500M
IIW2015-005 3 2090-0060 and TCE*'*"or P17" S6,500.00
137204-9219
PW2015-005 383090.0040 1'1 * 6,500.00
''PE is Perminerat l rasetroi sac
'"`"*`(M is Ternporaty C:orastnrction Easement
Relocation flan: 1,200.00
Acouisitions: _._.� $70.000.01
Total: $71,200.00
Note: Until the Relocation Plan inspection is completed, we cannot provide a cost estimate to
provide relocation assistance services. Tierra will provide a cost estimate to the City for these
services within 4 business days of completing the Reocad.on Plan inspection.
The price above assumes the following.
a Fuel costs do not increase more than 20",/ca during the course of the project.
0 A minirraum of 5 documented attempts to successfully acquire each parcel will be.made,
0 Owners residing in the Puget Sound region will be presented rlacir offers in person, Tierra
will mail any offers to owners outside: of the region.
o There are no more than 2 principal owners of any parcel and that both are s eograpldcally
located very near to each other.
a The per:parcel price does not include title reports,escrow fees., title insurance fees,recording;
fees or any other title or escrow related costs as these are not included in our scope of work.
o The per parcel price does not include any costs for survey, the development of legal
descriptions and related exhibits as these costs are not include in our scope of work.
0 With the exception of the;..Appraisal Waiver process to be used on parcel PW2015--008, our
per parcel price does not include any costs for the preparation and development of any
Appraisal, Appraisal Reviews, project F�undinq Estimates or; Ad:nrainistrative Offer
Surn xraries.
ceaiisition e_'ce. Coat
3(1c'ra of the pet-p :el price sh in Ta1�le"1 upon sr 'nation of nations.
@ 4t1�'�'a� of the per-parc, :e shown in. Table 1 vrhen reg ations are completed and an
escrow is opened if e : needed) or acquisition is appr-o i by City for condemnation.
b 3t1% of the arcel price , own in Table 1. when th comp d acquisition file is turned
in to the ` y as a successful ace ,'sitaon or for coed rnrration action.,
229T),Street--F.7P1tIi:Grade Separatism Project 7
Right of Way Accluisido and Relocation Planning Scivices
Exhibit B
DBE Participation
N/A
Agreement Number: LA 7173
WSDOT Form 140-089 EF Exhibit B Page 1 of 1
Revised 1013012014
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency.The format and standards to be provided may
include, but are not limited to,the following:
1. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
N/A
B. Roadway Design Files
N/A
C. Computer Aided Drafting Files
N/A
Agreement Number: LA 7173
WSDOT Form 140-089 EF Exhibit C Page 1 of 4
Revised 1013012014
D. Specify the Agency's Right to Review Product with the Consultant
N/A
E. Specify the Electronic Deliverables to Be Provided to the Agency
Microsoft Word and PDF documents.
F. Specify What Agency Furnished Services and Information Is to Be Provided
Appraisals
Review appraisals
PFE's
Title reports
Property owner/tenant contact information
Legal descriptions
Maps
Agreement Number: LA 7173
WSDOT Form 140-089 EF Exhibit C Page 2 of 4
Revised 1013012014
II. Any Other Electronic Files to Be Provided
NIA
III.Methods to Electronically Exchange Data
Project correspondence will be provided via e-mail and hard copy format.
WSDOT Form 140-089 EF Exhibit C Page 3 of 4
Revised 1013012014
A. Agency Software Suite
Microsoft Office Windows 7
B. Electronic Messaging System
Microsoft Outlook
C. rile Transfers Format
E-mail,thumb drive or DVD
WSDOT Form 140-089 EF Exhibit C Page 4 of 4
Revised 1013012014
Exhibit D
Prime Consultant Cost Computations
See attached.
Agreement Number: LA 7173
WSDOT Form 140-089 EF Exhibit D Page 1 of 1
Revised 1013012014
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Washohngton State Transportation Building
DepartmentW Tvansporta lion P.O.BoxMapie Park 47300 Avenue S.B:
Olympia,WA 88 504-7300
Lynn Peterson 360-705-7000
Secretary of Transportation 7TY1-800-=-6388
m".wsclot.wa.gov
June 3,2015
Tierra Right of Way,.Ltd
1575 East River Road, Suite 201
Tucson,AZ 85718
Subject: Acceptance FYE 2014 ICR—Risk Assessment Review
Dear Mr.Keith Ganske:
Based on Washington State Department of Transportation's (WSDOT) Risk
Assessment review of your Indirect Cost Rate(ICR), we have accepted your proposed
FYE 2014 ICR of 156,07%. This ICR acceptance is in accordance with 23 CFR 172.7
and must be updated on an annual basis. This rate may be subject to additional review
if considered necessary by WSDOT and will be applicable for:
(] WSDOT Agreements
Z Local Agency Contracts in Washington State only
Costs billed to agreements/contracts will still be subject to audit of actual costs,based
on the terms and conditions of the respective agreementicontract,
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7104 or via
email consultantrates@wsdot.wa.gov.
Regards;
1
EIi.I�K K. JONS
Manager,Consultant Services Office
EKJ:kal
Acceptance[CR Risk Assessment Review
Exhibit E
Sub-consultant Cost Computations
There isn't any sub-consultant participation at this time.The CONSULTANT shall not sub-contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub-Contracting"of this AGREEMENT.
N/A
Agreement Number: LA 7173
WSDOT Farm 140-089 EF Exhibit E Page 1 of 1
Revised 1013012014
Exhibit F
Title V1 Assurances
During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees,and successors
in interest agrees as follows:
i. Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the"REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination:The CONSULTANT with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub-consultants, including procurement of materials and leases of equipment.The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
3. Solicitations for Sub-consultants, including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract, including procurement of materials or leases of equipment,each potential sub-
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto,and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY,the
STATE, or the Federal Highway Administration (FHWA)to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall
so certify to the AGENCY,the STATE, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions
as it, the STATE,or the FHWA may determine to be appropriate, including,but not limited to:
- Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
- Cancellation,termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs(1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided,however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States. Agreement Number: LA 7173
WSDOT Form 140-089 EF Exhibit F Page 1 of 1
Revised 1013012014
Exhibit G
Certification Documents
Exhibit G-1(a) Certification of Consultant
Exhibit G-I(b) Certification of Agency Official
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters-
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying N/A
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number:
WSDOT form 140-089 EF Exhibit G Page 1 of 1
Revised 1013012014
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
Tierra Right of Way Services, Ltd.
whose address is
1575 E. River Rd., Suite 201,Tucson, AZ 85718
and that neither the above firrn nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
t� t,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition ffir obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT)any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGRI__,'EME_NT; except as hereby expressly stated (if any):
Z-1
I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Tierra Right of Way Services, Ltd.
Consultant(First Name)
I \1 Signature(Authorized Official of Consultant) Date
At regiment Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of I
Revised 1013012014
Exhibit G-1(b) Certification of Agency Official
I hereby certif'y that I any the:
Agency Official
Other
of the City of Kent and
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
z:I
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any flee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S, Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature Da
AgrcCMCTu.Number:
WSDO T Form 140-089 EF Exhibit G Page I of I
Revised 1013012014
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
L The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for&barrnent, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of'any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application/proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
11. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Tierra Right of Way Services, Ltd.
Consubnt(Firm Name)
/L
Signature(Authorized Official of Consultant) Date
Agreement Number:
'WSDO T Form 140-089 EF Exhibit G Page I of 1
Revised 1013012014
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying N/A
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress,an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal,amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL,"Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000,
and that all such sub-recipients shall certify and disclose accordingly.
Consultant(Firm Name)
Signature(Authorized Official of Consultant) Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15,403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to,the Contracting Officer's
representative in support of S. 228th Street UPRR Grade Separation are accurate, complete, and current
as of
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREE M E"NT's between the offer or and the Government that are part of the proposal.
Firm: Tierra Right of Way Services, Ltd.
e X
Signature TiUe
Date of Execution***: qj(rh
*Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.proj"t title.)
**Insert tire day,month,and year,when price negotiations were concluded and price ACjRTIi-.MENT was reached.
*"Insert the day,month,and year,of'signing,which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number-, LA 7173
WSDO T Form 140-089 EF Exhibit G Page 1 of I
Revised 1013012014
N/A Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations
and Insurance of this Agreement is amended to$
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of$
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund,safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained,the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $
• Include all costs, fee increase,premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
Agreement Number: LA 7173
WSDOT Form 140-089 EF Exhibit H Page 1 of 1
Revised 1013012014
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s),the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects,the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work;photographs,records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the AIleged Design Error(s)
If it is determined that there is a need to proceed further,the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged
error(s).The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed regarding the consultant's alleged design
error(s),there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s)occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives,negotiate a settlement
with the consultant.The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place.The agency is to provide LP,through the Region Local Programs Engineer,a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements.No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant,proceed to Step 5.
Agreement Number: LA 7173
WSDOT Form 140-089 EF Exhibit I Page 1 of 2
Revised 1013012014
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs,should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s),and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s)affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA,will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number: LA 7173
WSDOT Form 140-089 EF Exhibit 1 Page 2 of 2
Revised 1013012014
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement.The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work,they may be entitled to a claim.The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Tirneframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work;and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the ConsuItant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager.The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA(if applicable) agree with the consultant's claim,send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim.After the request has been approved,the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures.
Agreement Number: LA 7173
WSDOT Form 140-089 EF Exhibit J Page 1 of 2
Revised 1013012014
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct Iabor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim,or portions thereof,which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation,obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claims)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number: LA 7173
WSDOT Form 140-089 EF Exhibit J Page 2 of 2
Revised 1013012014
•
KEN..NA 1MtM6tOF Agenda Item: Consent Calendar - 7F
TO: City Council
DATE: April 5, 2016
SUBJECT: Consultant Services Agreement with Tierra Right of Way Services, Ltd.
For S. 228th St. UPRR Grade Separation Project - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Tierra Right of Way Services, Ltd. in an amount not to exceed
$71,200.00 to provide Property Negotiation Services for the South 228tn
Street Union Pacific Railroad Grade Separation project, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: The South 228th Street Grade Separation project will construct an
overpass over the Union Pacific rail lines to eliminate the at-grade crossing and the
conflict between vehicles and trains. The bridge will also span the Interurban Trail
located within PSE right of way. This project is the third and final phase of the South
228th Street corridor, connecting the valley with I-5 and the future SR 509 freeway.
In order to construct the project the City will need to acquire property rights from
adjacent owners to install utilities and pay damages for modified access to certain
properties. Under this agreement the Consultant will help the City negotiate with
property owners for these rights based on appraisals performed by professional
appraisers.
EXHIBITS: Consultant Services Agreement with Tierra Right of Way Services, Ltd.
RECOMMENDED BY: Public Works Committee
YEA. Ralph, Fincher, Higgins NAY: N/A
BUDGET IMPACTS: This will paid for using the State funds awarded through the
"Connecting Washington" transportation fund package.
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