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HomeMy WebLinkAboutPW18-350 - Original - Tierra Right of Way Services, Ltd. - Milwaukee II and Signature Pointe Levees - 09/07/2018 �41T Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. ❑ Blue/Motion Sheet Attached Z Pink Sheet Attached Vendor Name: Tierra Right of Way Services, Ltd. Vendor Number (JDE): Contract Number (City Clerk): Category: Contract Aqreement Sub-Category (if applicable): Project Name: Milwaukee II Levee Contract Execution Date: Date of the Mayor's signature Termination Date: 12/31/19 Contract Manager: Dee Martindale Department: PW: Eng ineering Contract Amount: $39,811.00 Approval Authority: ❑ Director Mayor El City Council Other Details: Provide negotiation services to acquire property rights for two parcels required for the project. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Tierra Right of Way Services, Ltd. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tierra Right of Way Services, Ltd. organized under the laws of the State of Arizona, located and doing business at 444 NE Ravenna Blvd., Suite 103, Seattle, WA 98115, Phone: (206) 363-1556, Contact: Leslie Beaird (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide negotiation services to acquire property rights for two parcels required for the Milwaukee II Levee Project and shall provide relocation assistance for the occupants located on the two parcels. For a description of the work and identification of the individuals who will be providing the services on behalf of the Consultant, see the Consultant's Scope of Work, which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Nine Thousand, Eight Hundred Eleven Dollars ($39,811.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an `invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. in that event, the parties will immediately make every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION, Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence, CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. i In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act Codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Reoyclabie Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of l3feac'h. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and' effect, C• Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; pLQvidejd, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public R rd,,i Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant, agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Cade. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Siclnatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: B ,�r +� 'g e) (signatur Print Name: Randve Ferrick Print Name: Dana Ralph, its presiHi, t n,e;ner gn� no.��y�a�P�+ Broke[ Its Mavor (title) DATE: 8/2 812 01 8 DATE:. _....._........ _ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Leslie Beaird Timothy J. LaPorte, P.E. Tierra Right of Way Services, Ltd. City of Kent 444 NE Ravenna Blvd., Suite 103 220 Fourth Avenue South Seattle, WA 98115 Kent, WA 98032 (206) 363-1556 (telephone) (253) 856-5500 (telephone) (206) 363-0106 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Ak--r� Kent Law Department ATTE Kent City Cler TIe,2 R Ig L[or We, Pill wauk-IpM,,tMdaI. CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2„ During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above, By: s ,C For: Tierra Right of Way Services, Ltd, Title: PracA-1 Chmn.ar an flare Caked BfnkPr Date: _Auaust28 2018 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: m. For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Scope Summary: The Consultant shall provide negotiation services to acquire property rights for two parcels required for the Milwaukee II Levee Project and shall provide relocation assistance for the occupants located on the two parcels. For a description of the work and identification of the individuals who will be providing the services on behalf of the Consultant, see the Consultant's Scope of Work, which is attached as Exhibit A and incorporated by this reference. Proposal for the City of Kent, Milwaukee 11 Levee Acquisition and Relocation KEN T e I i - � Irw'Ml1Ndl k ,y�i�un�q � ��i � pMI�Ir1�U July 37,2018 A LAND SERVICES COMPANY 444 NE Ravenna Boulevard, Suite 103 V"M 1N0 °R17Y" "' r.., Seattle,Washington 98115 c�- Phone: (206) 363-1556 Du'lnes5 Fnugprisv„ www.tierra-row.com Email: purchasing@tierra-row.com City of Kent,Milwaukee II Levee- Acquisition and Relocation Services KIEINT Introduction The City of Kent(the City)can look to Tierra Right of Related Service Offerings from our Right of Way Way Services, Ltds(Tierra's), local team of experts Division include: as a trusted partner to deliver high-quality real Project administration and management estate relocation services ethically,professionally, and efficiently.We pride ourselves in creating cost- Route and site feasibility studies effective solutions and contributing positively to Site analysis and selection the communities we serve.Our team has the ability, capacity,and skillset necessary to successfully provide Title review,title research,and analysis right of way negotiation and relocation services for the Appraisal coordination and review City's levee projects. Preparation of deeds and easements A State of Washington-certified Minority Women's Property/easement acquisition and negotiations Business Enterprise(MWBE),Tierra has provided Negotiations with municipalities and government relocation assistance,real estate consulting, agencies acquisition,and cultural resources services throughout Washington since 1993.As a regional land services Relocation assistance and planning firm,Tierra has 32 right of way professionals working Entitlement processing in 8 offices across 6 Western states.In addition to Local,State,and Federal permitting our locally based staff,Tierra employs qualified and experienced real estate support staff in other branches Project certification assistance who are available to work on projects as needed. Condemnation preparation Real property and right of way procurement is Expert witness testimony Tierra's flagship service and the foundation of our business. Key Personnel Tierra has the experience necessary to provide expert and efficient relocation services for City's levee projects. Tierra has proposed three full-time staff members based out of our Seattle office for this contract. If the need for additional staff should arise,Tierra will draw on highly qualified and experienced real estate support staff in other branches.Tierra regularly partners with several local small business relocation firms with whom we have longstanding working relationships. Our Project Manager,Leslie Beaird, SR/WA, R/W-RAC,a former Washington State Department of Transportation (WSDOT) Local Agency Reviewer, is an expert on the rules and regulations governing negotiations,acquisitions,and relocations in Washington state,as well as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(Uniform Act). Ms. Beaird has years of experience managing right of way projects effectively,with a proven track record of completing < projects on time and within budget.She is a relocation course instructor for the International Right of Way Assoclation(IRWA)and a former instructor for the WSDOT, where she provided education and guidance to local agency staff on haw to interpret and implement the Uniform Act and the rules and regulations governing right of way appraisals,negotiations,and relocations.Ms.Beaird personally oversees all of the right of way projects conducted by Tierra in Washington.She is a hands-on,personable leader and mentor with excellent communication skills that make her effective both with the teams she leads and the clients she serves.Her expertise and skillset are ideal for this critical City project.Ms. Beaird is also the Leader of the IRWA's Relocation Community of Practice and assists with creating and editing relocation courses for the IRWA. /G'C11 ci 1 v,�dwG`�� �/ta;i� Page 2 City of Kent,Milwaukee II Levee- _"�'' °"'"^>a+"► Acquisition and Relocation Services M#" In her former career at WSDOT,Ms.Beaird not only provided training to agencies and staff regarding relocation planning and assistance,she also prepared,reviewed,and approved Relocation Plans forlocal agencies in Washington per Federal Highway Administration(FHWA)and Federal Transit Administration (FTA)requirements.She also consulted with staff at local agencies to perform relocation assistance for WSDOTprojects.Ms.Beaird has prepared many Relocation Plans on behalf of local agencies, WSDOT,and private clients,and she assisted in writing the chapter pertaining to Relocation in the WSDOT Right of Way Manual.She is considered an industry expert in relocation assistance and has earned her Right of Way Relocation Assistance Certification(R/W-RAQ from the IRWA. Melinda Burkhart, Senior Right of Way Agent,is a skilled negotiator and relocation specialist with a deep understanding of the rules and regulations governing negotiations,acquisitions,and relocations in Washington.A former WSDOT Right of Way Agent, Ms.Burkhart is also experienced in title review and survey.She believes in keeping clients Informed on project challenges and successes on a regular basis.She is excellent at multitasking and understands the importance of keeping files well- organized(utilizing the WSDOT standard file format)and her diaries up-to-date for the purposes of ensuring successful relocations and acquisitions,file spot checks by WSDOT and project certification. Melinda is familiar with non-residential, residential, and personal-property-only relocations and has prepared Relocation Plans for approval by WSDOT" Ingrid Williams,Senior Right of Way Agent, has 15 years of experience in the right ofwayand real estate appraisal industry. Prior tojoining Tierra in 2015,Ms.Williams �i served as a Staff Appraiser, providing mortgage valuation, Federal Housing Authority b 1 (FHA)Real Estate Owned (REO) property appraisals, relocation services,appraisalF review,and trainee supervision.Since working atTierra, Ingrid has worked on several non-residential and residential relocations.Ingrid is familiar with non-residential, residential,and personal-property-only relocations and has prepared Relocation Plans for approval by WSDOT. Marge Bailey,Senior Right-of-Way Agent,has over 30 years of experience in the real estate industry,Over the past 13 years,Marge has focused on projects involving the acquisition of various real property rights for public improvement facilities under the Uniform Act. Her experience Includes working as a Right of Way Consultant for � an electrical utility company and the telecommunications industry at multiple levels, including project management. Her achievements and experience include extensive " knowledge of construction techniques and a thorough understanding and knowledge of real estate practices and principles,Marge's ability to track and share project status updates with team members helps shape the success of her project assignments. y� 4� Ali „.J 159 V r , e A-1 Pallets r� ei,Lvll le V I I Page City of Kent,Milwaukee II Levee- Acquisition and Relocation Services .,_.,- KENT Scope of Work-City of Kent,Milwaukee II Levee—Acquisition and Relocation Services Project Background The Milwaukee II Levee project will close a"gap" in the Green River north bank levee system that exists between the Horseshoe Bend levee and the Foster Park levee.The project wiI I construct a flood protection facility that meets FEMA accreditation standards throughout this reach.There are currently two (2) parcels that are required to make the necessary improvements. Improvements will be made along the north bank of the Green River from River Mile 24.04 to 24.25, Project Objectives This contract is to retain negotiation and relocation services to secure the property rights needed for levee improvement projects cooperatively undertaken by the City of Kent and the King County Flood Control District. Tierra's work will be performed in accordance with each of the interlocal agreements entered into between the City of Kent and the King County Flood Control District for the levee segments identified below and all applicable state and federal laws and regulations, including the King County Flood Control District's Property Acquisition Policy;the most current copy of the WSDOT Local Agency Guidelines;the WSDOT Right of Way Manual;Chapters 8,04,8.25,8.26,and 8,140 of the Revised Code of Washington;City of Kent requirements, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970. In the case of conflicting requirements,the City of Kent will provide direction. These services may be modified,by written amendment,as necessary to fulfill the intent of Tierra's role.The Scope of Work will include, but is not limited to: Task 1:Property Acquisition Tierra will negotiate acquisitions as necessary with owners for up two(2)parcels. Tierra's acquisition specialists will negotiate with each property owner and/or their representatives in accordance with statutory and regulatory requirements. Task items to be completed by Tierra as follows: 1. Tierra's acquisition agent(s)will perform"good faith negotiations"(as defined by The Uniform Act) to secure assigned parcels through open market transactions,and to make a sufficient number of significant contacts with each owner to secure the needed property rights. Significant contact is represented by in-person meeting,detailed phone conversation,and/or exchange of detailed correspondence or email. 2. Offers are to be presented in person whenever possible.Out of area owners will be contacted by telephone and by certified mail, 3. Acquisitions will be considered complete if any of the following occurs:signed documents are acquired; offer to purchase is rescinded or changed causing new documents to be drafted and submitted to the owner;the parcel is processed for condemnation or Tierra negotiations are terminated after thejoint negotiations status review by the City and Tierra. 4. All administrative settlements will be sent to the City for approval utilizing appropriate City Administrative Settlement Memo,and appropriate supporting documentation. City to provide the following: t. All standard WSDOT LTAP approved forms and documents to be used when preparing offer packages. 2. All legal descriptions for acquisitions,easements, and other circumstances as necessary in electronic format. 3. Sufficient right-of-way plans or survey exhibits and legal descriptions for each assigned acquisition. 4. Parcel files and guidelines for setting up the file. Page City of Kent,Milwaukee II Levee- Acquisition and Relocation Services ""� KE.:WT S. Payments to property owners and or escrow as necessary to close all transactions,and payment of any incidental costs which may arise to complete each transaction. Tierra deliverables; 1. Letters,offer letters and acquisition documents prepared on WSDOT LTAP standard forms in a format approved by the City. 2. Parcel files maintained in a format satisfactory to the City. 3. Prepare tracking and status reports in a format satisfactory to the City. 4. Written notification,and assistance with condemnation packages,as needed, S. Complete parcel files at the close of each negotiation for each parcel. 6. Deliver all original documents to the City for signature and issuance of warrant. Task 2: Relocation Assistance and Advisory Services Tierra will provide relocation assistance and advisory services for occupants of up to two(2) separate tax parcels with personal property,residential,and business displacements as a result of the project.Based on the City's RFP,it is anticipated that only the two(2)tenant occupants will be eligible for relocation. All relocation services shall be provided using procedures specified by City of Kent(City)and in accordance with the Federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act(URA),and the Washington State Department of Transportation(WSDOT) Right of Way manual. Task items to be completed by Tierra as follows: Preparation and Administration t. Meet with the City to obtain project background information. 2. Conduct reviews of relevant relocation information previously obtained by the City during community meetings,etc. 3. Use WSDOT LTAP approved relocation forms,prepare draft relocation documents. Tierra will provide samples as necessary. 4. Prepare tracking and status report formats. 5. Prepare relocation parcel files to include general and eligibility notices,dlaries, moving cost estimates, claim forms,and other items necessary for relocations. 6. Prepare and update a relocation schedule outlining timeframes for various tasks including an estimated vacate date for each parcel. Relocation Assistance and Advisory Services Relocation Plan L Develop a relocation plan based on personal interviews with potential displacees and prepare property inventories. 2. Research available replacement properties with local real estate brokers, multiple listing service, local newspapers and publications. 3. Identify special needs of displaced occupants;problematic relocations and provide suggested resolutions for each. General Notice/Notice of Eligibility 1. Inform displaced occupants of their potential displacement and eligibility for relocation assistance. 2. Research residential comparable sales and/or secure business moving estimates.Prepare eligibility notice to include an explanation of displacees relocation benefits and 90-day assurances. Page 5 City of Kent,Milwaukee II Levee- KENT Acquisition and Relocation Services Conduct Replacement Site Search 1. Assist displacees in search of replacement site(s);provide listings of available sites;coordinate purchase of replacement site(s)with real estate agents. 2. Complete Decent Safe and Sanitary(DSS)inspections for residential properties. 3. Coordinate with move planners and monitor moves for businesses. File Claims and Parcel Close-out 1. Assist displacees in filing relocation claims with the City for payment. 2. Create and maintain necessary records to support audit of project. 3. Provide a closing report of any outstanding relocation claims or issues. T Close-out meeting(s) with City. City to provide the following: 1. Meet with the City to obtain project background information, 2. Right-of-Way plans and drawings, maps,exhibits, right-of-way staking,etc.,as necessary. 3. Timely review of all relocation claims submitted. 4. Payment of all approved relocation payments and any incidental costs which may arise to complete each transaction. 5. Relevant relocation information previously obtained by the City during community meetings, correspondence with owners and displacees,diary information,etc. Tierra deliverables: 1. All notices and relocation documents prepared on WSDOT standard forms in a format approved by the City. 2. Parcel files maintained in a format satisfactory to the City, 3. Prepare tracking and status reports in a format satisfactory to the City. 4. Provide a letter stating that all relocations are complete and all relocation assistance services were provided in accordance with The Uniform Act and the WSDOT Right of Way Manual. Task 3:Title Review Services Tierra will review preliminary title commitments,to be provided by the City. Upon review, prepare parcel summary memos for each commitment listing ownerships,encumbrances and exceptions. Tierra to assess and comment on those that could pose obstacles or delays in closing each transaction.Tierra will provide recommendations to the City whether to accept or clear problematic encumbrances and exceptions. Task items to be completed by Tierra as follows: 1. Review preliminary title commitments provided by the City for standard owner's coverage,including all listed exceptions. 2. Review each title or easement coverage exception to determine which exceptions require removal,additional negotiations or pose obstacles or delays to the acquisition process and make recommendations to the City. 3. Clear title encumbrances as directed by the City.Tierra is to work directly with the title company as necessary to resolve title issues. Negotiate as necessary with lien holders and easement holders to remove title defects. 4. Perform research of any title issues relating to parcels assigned to Tierra. 5. Meet with the City and/or property owners as needed to discuss and assist resolving any title clearing issues for acceptance by the City. ��`ie,- I kr{t' �L°�1�r+r[.,/itaef Page City of Kent,Milwaukee II Levee- •s, Acquisition and Relocation Services "" KENT City to provide the following: 1. Provide all preliminary title commitments. 2. Written approval of title exceptions and encumbrances to be either cleared or accepted as recommended by the Tierra. 3. Payment for any related expense for clearing title,including the services of an escrow firm. Tierra deliverables: 1. Provide City with up to two(2)parcel summary memos listing ownerships,title exceptions,conflicting easements or other rights of record and comments or concerns for each parcel. 2. Provide title review, support and advisory services as necessary. 3. Prepare Accept Encumbrance Justification form and owner acknowledgement letter when taking title subject to a Deed of Trust. Task 4:Administration and Project Management Tierra will support the City in project planning,management,quality control,communication,and coordination throughout the project.This task covers all project wide planning and management tasks for the project. Task items to he completed by Tierra as follows: 1. As part of a Public Outreach effort,assist City in preparation of an"Introduction/Informational Letter"to include the project purpose,introduction of Tierra,and overview of Project Schedule. 2. Attend on-site project kick-off meeting with City staff. 3. Coordinate up to twenty-four(24) monthly conference calls between the City and Tierra to discuss and track progress of the project. 4. Coordinate and attend up to eight(8)quarterly in person meetings with the City to discuss project progress and status,as requested by the City.Tierra will provide agendas,invitations,and meeting notes for all meetings led by the Tierra. 5. Tierra will maintain records in accordance with statutory, regulatory and policy requirements. 6, All parcel files will be prepared in a format that is satisfactory to the City,to include offer letters, documents,a standard diary form Indicating all contacts with owner(s),and other Items necessary for negotiations. 7. The City will be copied on any communication between the Tierra and WSDOT Real Estate Services office. 8. Tierra will prepare a project schedule for the right-of-way phase and will monitor and update the schedule as needed. 9. Tierra will prepare and submit monthly invoices. City to provide the following: 1. The City will provide the following information: 2. Delivery of"Introduction/Informational Letter"to property owners. 3. Copy of Final Right-of-Way plans. 4. Copy of Preliminary Construction plans. 5. Exhibits,maps,right-of-way staking,etc.as necessary. 6. Legal descriptions of all property rights to be acquired in electronic format 7. Relevant information previously obtained bythe City during community meetings,correspondence with owners,and diary Information,etc. /i!.'l I'Ci 7�.% {>aL OnI/ Page City of Kent,Milwaukee II Levee- _ Acquisition and Relocation Services IS[a'N1 8. Anticipated overall Project Schedule. 9. The City's WSDOT approved ROW Procedures Tierra deliverables: t. Project kickoff meeting with City staff 2. Assist City with boilerplate"Introduction/Informational Letter" 3. Coordinate up to twenty-four(24)conference calls with City for monthly progress/tracking purposes. 4. Attend up to eight(8)quarterly in-person meetings with City staff for progress/tracking purposes 5. Project schedule for right-of-way phase. 6. Meeting notices,agendas,and meeting notes delivered electronically to the City for all Tierra led meetings. T Parcel files that are completed and organized will be provided to the City within 30 days of final title policy receipt. Task 5:Closing of Transactions Except for the closing activities described within this scope asTlerra's responsibility,City will perform and manage all closings for Tierra and City assigned parcels. Signed offer package documents are forwarded to City for additional signatures within three(3) business days. Closing process starts.(If the property owner is an LLC or corporation,this package will include the operating agreement/articles of incorporation and tax filing status of the business.) If applicable,Tierra will continue to monitor parcel until incomplete cost to cure items are completed by owner. Upon notification from Tierra,City will order additional warrant and disburse to property owner. Once all funds have been disbursed to property owner and the final title policy has been delivered to the City, Tierra will return each original file to the City with completed WSDOT parcel checklist within 30 days. Task 6:Right of Way Certification Tierra will assist the City during WSDOT's project certification process as required by the City at the end of this project. Task items to be completed by Tierra as follows: 1. Tierra will ensure proper documentation throughout the life of the project for funding certification. 2. Tierra will use proper WSDOT forms in preparation for certification. 3. Provide certification advisory review services as necessary. This may include being available to the WSDOTauditor during up to two(2)file review sessions. 4. Meet with City and/or property owners as needed to discuss and assist in resolving any issues regarding the acquisition/relocation for the project. 5. UtilizeWSDOT Acquisition file and Relocation file checklist worksheets during review of each file, 6. Tierra will answer any questions or provide additional available information as requested by WSDOT during the audit for certification for the files as listed in Table A. City to provide the following: 1. Expedite and track resolutions of issues requiring internal City review and approvals. 2. Meet with Tierra,Owners or WSDOT representatives as needed. Tierra deliverables: 1. Complete organized parcel files in a format satisfactory to the City. 2. WSDOT Acquisition and Relocation Review Worksheets for each file. City of Kent,Milwaukee II Levee- Acquisition and Relocation Services ``"''� KEPT Task 7:Post Acquisition Activities Tierra's post acquisition activities will be conducted only at the end of this project. Task items to be completed by Tierra as follows: 1. Complete closing report/punch list of any outstanding acquisition or relocation issues,including: relocation claims,delayed closings,construction items for plans,specifications and estimates,etc. 2. Meet with the City or property owners as needed to discuss and assist in resolving any acquisition or relocation issues over a three(3) month period. City to provide the following: 1. Expedite and track resolutions of issues requiring City approvals. 2. Meet with the Tierra or property owners as needed to discuss and assist in resolving any acquisition or relocation issues. Tierra deliverables: 1. Closing report/checklist for each acquisition/relocation file: a. Up to two(2)Acquisition files. b. Up to two(2) Relocation files. West Coast Holdings �1�/JHtf i/y"Iyf' (G 4 w" I.i I�1I�i"4N�� i1IPIIf 6"il, i i till ` u tl i Mtl v li lur ,+ ryi�y� %Cerra { ✓,f w�GL>�. s g Pa e 9 City of Kent,Milwaukee II Levee- Acquisition and Relocation Services ...., � K61JT Cost (Confidential) LaborDirect Labor Total Summarized Labor Classification Rate Hours Total Project Management Acquisition,Relocation and Relocation Plan Right of Way Division Manager-Mack Dickerson 557.69 5 $288.45 Right of Way Project Manager-LeslieBeaird $4808 50 52,404.00 Senior Right of Way Agent-Acquisition- Marge Bailey&Melinda Burkhart $37.00 80 j $2,960.00 Senior Right of WayAgent-Relocation- i Melinda Burkhart&Ingrid Williams $37.00 200 $7,400,00 Right of Way Technician-Derek Frazier 525.00 40 $1,000.00 Administrative-To be determined $20,00 20 $400.00 Editor-John Murray $31,00 3 $93.00 Company Total Hours/Direct Labor Cost: 398 $14,545.45 r Labor Overhead Multiplier, 133,57% $19,428.36 Fixed Fee Multiplier: 301,110 $4,363.64 Total Labor Subtotal $38,337,44 Direct Reimbursables Meetings with City,and property owners and displocees Travel(Mileage): 2,660 Miles $.054 $1,423 10 Travel(I adging): - Night $225.D0 - Travel(Meals): - Daily $51.00 - I .,.,.. .,... „, ... ..... Travel(Ferry Fare): - Per Trip $29.20 - File Folders: 4 Each , $5.00 $20,00 Postage 4 Each $750 $3000 Reproduction-8 5 x 11".I W p Pages 1 Reproduction-1 1 x 17' Pages $0,20 - Reproduction 24"x 36" - Sheets I $0.90 Direct Reimbursables Subtotal: $1,473.10 Total Maximum Amount Payable: $39,810.54 Total Order Total Maximum—Rounded $39,811 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liabli insurance appropriate to the Consultant's io professn. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT' B (Continued ) 3. Professional Liability insurance shall be written with limits no less than 1,000,000 per claim. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. TIERR-4 �►1t� caRo CERTIFICATE OF LIABILITY INSURANCE LA0 812 812 01 'Y) oarea/2o1a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the Policy(ies) must have ADDITIONAL INSURED provisions or 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 q Neyndorsement(s). PRODUCER 602-264-5533 IYAM 0 Teresa Alvarado Stuckey Ins&Assoc A ancles PHONE --- "' FA"x """"— — - 602-264-5533 - I 602-279-9336 2850 E Cameiback Rd, udte 325 (AIC N E:n A/C.Nei Phoenix,AZ 85016 [.$rnlL eres3 Alvarado@stulckcyinsurance.corll Scott Schmidt ADDRESS• ..... _., INSURERS)AFFORDING COVERAGE NAIOM _. ._ INSURER A:Travelers Indemnity Company 25658 Tierra Right of Way .. . .......-.-_---.....—. INSURED 9 y wsuRERB:The Charter Oak Fire Insurance 25615 Services LTD ._.... ....... 1575 E.River Rd.#201 INSURER C:XL Specialty Ins 37885 Tucson,AZ 85718-5831 INSURER 0 His cox Ins Com- a nY 10200 : P INSURERS INSURER F COVERAGES CERTIFICATE N.UMB. R:. 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. tNSPI. ...-......—.... .... .. .I DLL UBR POLMCY EPF POLICY EXP ................ ... ,..... TA TYPE OF INSURANCE l POLICY NLXMaER LIMITS A X COMMERCIAL GENERAL LIABILITY IR 1,000,000 LACOOC�EmLIVPF ----. g CLAIMS MADE X..I OCCUR X 6802,1978332 0711012018 07/10/2019 DAMAGE TORENIED - 1000000 PRPMIGEB-9ra NtanauanAW....... t. ... MED EXI+,JAUonap9UeS)1.,_., B 5000 rEPsaNg4.,1 ArJV iylurxr S 1,000,000 daLIwL AGGRCGA(p LIMIT APPLIES PER'. GEN A_t,QGRC0 T[ _ E T. S 21000,000 OY POLICY „X N SECT ❑ LOC .PRODUCTS„ CXJMPIOF tract. S 2,000,000L. OTHER S B AUTOMOBILE LIABILITY C0MDWEDSINGLE7MIT 1 DOo,0D0 Gr'9 fl4S10E5Y9i1 S X ANY AUTO _ BA63991-303 07/1012018 07/1012019 OWNED SCHEDULED BODIIIYINJURY(Parpe,sgm),,,, AUTOSOIVIr A��UyyTOS�11yyMVLL BELIE,INJIJIRY(Paraaudm'q 1 .-.,.. AUTOS ONLY Alllt(a5C1aNLY' alas°®u;�al n(�AAAACE S A X UMBRELLA LIAB X OCCUR FACHOCCURRENGE 51000 000 EXCESS UAB CLAIMS MADE CUP7180YO34 0711012018 0711OY2019 ., 51000000 DI I. X RETFNTIONS 16000 --... A WORKERS COMPENSATION X PER GFI FI. AND EMIPLOYERS'LIAe1LITY YfN Sf A79J9'k V'Ft .... ANY PROPRIETORIPARTNR EEXEDUTIVE UB7K185721 07110/2018 07/1012019 IA 1,000.000 WLICEIGEMMEMEER EXCLUDEDT ( N � N C,L 'R,A[HACCIDFNr _... 5((��F .. IIarory in NH) EI.IDISFApE RA EMPLOYEE S A PBdls ur der n '•Rr+TI N . r E ARONS Nei,. Li v ha:.a.- -a a°r URuIIT 1,000,000 C PraAasslanal'Llab DPRO928607 07/1012018 070012020 Per GISH n 2,000,000 D Cyber 106576532$1,000,000 07110/2018 07110/2019 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES IACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Professional Liability-Claims Made -Retro Date 05/1111998 Re: Milwaukee II Levee The City of Kent is an additional insured with respect to general liability on a primary and non-contributtrry basis. CERTIFICATE OLDER CANCELLATIJON CZKEN-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Ave South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE � ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-2S978332-18-47 OFFICE PAC ISSUE DATE: 07/10/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2404 (10-93) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following; THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you have agreed in a written contract or agreement to waive your right of recovery against, but only for payments we make because of: 1 ."Bodily injury" or "property damage" that occurs, or 2."Personal injury" or "advertising injury" caused by an offense committed; after you have executed that contract or agreement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarationsas applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US Condition (Section IV-COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have againstthe person or organization shown in the Scheduleabove because of payments we make for injury ordamage arising out of your ongoing operations or"your work" done under a contract with that personor organization and included in the "products-completed operations hazards." This waiver appliesonly to the person or organization shown in theSchedule above. CG 24 04 10 93 CG TB 03 07 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-2J979332-18-47 OFFICE PAC ISSUE DATE: 07/10/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2404 (10-93) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 CG T8 03 07 16 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-2J978332-18-47 OFFICE PAC ISSUE DATE: 07/10/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD425 (07-08) OTHER INSURANCE ADDITIONAL INSUREDS PRIMARY AND NONCONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, OTHER INSURANCE -ADDITIONAL INSUREDS -PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TOCERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primarylnsurance, of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you specifically agree in a written contractor agreement that the insurance afforded to anadditional insured under this Coverage Part must apply ona primary basis, or a primary and non-contributorybasis, this insurance is primary to other insurance thatis available to such additional insured which coverssuch additional insured as a named insured, and wewill not share with that other insurance, provided that: (1 ) The "bodily injury" or "property damage" for whichcoverage is sought is caused by an "occurrence"that takes place, and (2) The "personal injury" or "advertising injury" forwhich coverage is sought arises out of an offensethat is committed;subsequent to the signing and execution of that contract or agreement by you. CG D4 25 07 08 2008 The Travelers Companies, Inc, Page 1 of 1 CG T8 04 07 18 Page I of I GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-2J978332-18-47 OFFICE PAC ISSUE DATE: 07/10/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEE)ULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed and executed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IFNOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", 'PROPERTY DAMAGE",PERSONAL INJURY OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1, YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF,IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONALINSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, THEFOLLOWING ADDITIONAL EXCLUSIONS APPLY; This insurance does not apply to bodily injury or property damage" occurring, or personal injury or advertising injury arising out of an CG T8 02 07 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER 680-2J97e332-18-47 OFFICE PAC ISSUE DATE: 07/10/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: offense committed, after: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE, MAINTENANCEOR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL INSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS 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 APRINCIPAL AS A PART OF THE SAME PROJECT. CGD361 0305 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 CG T8 02 07 18 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER, 680-2J97B332-18-47 OFFICE PAC ISSUE DATE: 07/10/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEE)ULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed and executed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS ) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HAZARD'. CG 20 37 07 04 CG T8 01 07 16 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 580-2J978332-18-47 OFFICE PAC ISSUE DATE: 07/10/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Copyright ISO Properties, Inc. 2004 Page 1 of 1 Cc T8 01 07 18 Page 2 of 2 "uw � i� m � ii� � II r. � .� pm ,. . . 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