Loading...
HomeMy WebLinkAboutCAG2020-234 - Original - Tierra Right of Way Services, Ltd. - Clark Springs Habitat Conservation Measures - 07/21/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) 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 8685 Martin Way East, Suite 203, Lacey, WA 98516, Phone: (206) 363-1556, Contact: Leslie Findlay (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide relocation services for the Clark Springs Habitat Conservation Measures Project - Philips Relocation. For a description of the work see the Consultant’s Scope of Work, which is attached as Exhibit A and incorporated by this reference. The 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. The Consultant shall complete the work described in Section I by June 30, 2021. III.COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fourteen Thousand, Sixty Four Dollars and Fifty Six Cents ($14,064.56), 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 immedi ately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the 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 the 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 the 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 the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event ”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID -19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existenc e and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. 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. The 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. VIII. INDEMNIFICATION. The 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 the 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 the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the 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 the 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 refus al on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. 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. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) XI. 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. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance a nd 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. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rule s and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII 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 Ag reement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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 the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records 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 th ose 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 Code. / / / / / / / / / / / / / / / / / / / / / / / / K. Counterparts and Slonatures by Fax or Emall. This Agreement may be executed in any number of counterpafts, 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: By: Print Name (sionature) MaikT)icker'son Its: Vice President (tiue) DATE: 7/16120 CITY OF KENT: a By Print Name Its: Timothy J, LaPorte, P.E, Public Works Director DATE: 7 NOTICES TO BE SENT TO Mack Dickerson, Vice President Tierra Right of Way Services, Ltd. 1575 East River Road, Suite 201 GONSULTANT: NOTICES TO BE SENT TO: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South CITY OF KENT: (520) 319-2106 (telephone) (520) 323-3326 (facsimile) a sLÐv¡ t, ^ç gJ, L9 (253) 856-5500 (telephone) (253) 856-6500 (facsímile) f\çr rL, YYñ JOVJ I ATTEST: Kent City Clerk Pi\Pub¡lc\Admlnlstrat¡on\Conlr¿cts\Co.lrðcts Prepa¡ed (Kathi)\fier.¿ RiqhrofWay Servrces, l¡d (2) CONSULTANT SERVICES AGREEMENT . 6 ($20,000 or Less) tlr',o 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: 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 c )ntractvr, 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: —M. tr\,� For: Tierra Right of Way Services Ltd. Title: Vice President Date: 7/ 16/20 EEO COMPLIANCE DOCUMENTS - 1 EEO COMPLIANCE DOCUMENTS - 2 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 - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ Ä LAr.irj 5Ël"lvll-85 iol{rr¡\¡¡T Re: June 25,2020 Cheryl Rolcik-I7ilcox City of l(ent Public Works Engineering 220 Fourth Avenue South I(ent, WA 98032 City of l(ent, Phillips Residential Relocation Right of \Øay Relocation Services Dear Cheryl, Ttena Right of Way Services, Ltd. (Tietra) is pleased to submit this scope and budget for the performance of rþht of way telocation services in accordance with federal, state, and local laws, including the Unifotm Act,ìTAC 468-100 and Chapter 8.26 RCì7. Tiern looks forward to working with your team to complete this project. Sincetely, '$*ú, Leslie Findlay, SR/WA, RW/RAC Right of Way Operations Manager, Pacific Northwest Attachment: Scope & Budget Randye Ferrick. Managing Broker 8ó85 Martin Way East, Suite 103 r Olympia, Washington 9851ó o 20ó.3ó3.155ó o I.800.887.0847 Right of Way o Cultural Resources . Environmental Planning Federal, State, and Local Perm¡ttin8 . GIS/CAD Mapping Exhibit A SCOPE OF WORK- RIGHT OF WAY SERVICES The City of I(ent has requested that Tierta Right of Way, Ltd. (Tietta) prepare a scope of work and budget to provide relocation services for one displaced residential owner. Tiena will perform all relocation services in accordance with Federal, State, and local laws, including the lJniform Act, WAC 468-100, and Chaptet 8.26 RCì7. Out scope and budget include, but is not limited to, the following tasks: PROJECT KICKOFF - Tietra's Project team (Tierra) to attend kick off meeting at the City to obtain furthet project background and discuss the approach or options for each property owner and tour the project site. Tiera will use WSDOT LAC FHWA approved templates a a which ^re located at forms.htm. Other proiect meetinEs to be scheduled as needed. All relocations will be done in accordance with Federal, State and local laws as indicated above. PROJECT MANAGEMENT o Tierra to report relocation statuses monthly or as tequested. o Ptovide project management in coordination with City staff. o Monitor project budget and schedule. o Maintain a physical hardcopy file for each parcel for submittal to the City upon completion. " QC of fi.les will be performed prior to submittal to the City at completion. RELOCATION ASSISTANCE SERVICES o Upon the City of Kent's initiation of negotiation, relocation services will be executed by Tierra agents fot the eligible property and displacee. Relocation services will begin concurrent with the acquisirion. Agents will conduct eligrbility interviews with displacees, perforrn inventory inspections, request move bids, Iocate comparable teplacement sites, ptepare and present determination /move benefit packages, issue 90-day notices to displacees, assist with site searches, petform DS&S and othet requited inspections of replacement sites, monitor moves and perform \Tacate inspections, teceive and process all claim forms, and close files when all claims are complete. The duration typical of telocations is: 3-9 months. o Overall Project Assumptions: o All mileage expenses will be invoiced to the Client at the IRS established rate on the day the expense was incutred. We have provided an estimate in our Cost Proposal of mileage anticipated to be utilized dudng the Project. Actual mileage may be more or less than what is estimated hetein. o Any delay in project design or design changes will delay Tierra's project schedule. o The price does not include acquisition, escrow, title reports, title insurance, recording fees, survey, the development of legal descriptions or exhibits. City of Kent, Phillips Residential Relocation Project Right of Way Relocation Services Tiera RO\ùØ#20I7R00-235 Tierra Proiect Deliverables : . Attend project kickoff meetinga*€iqræ'ffi,ee- lrra /ÙlS1¿q¡¡6 . Prepate one teloc¿tion file. . Attend conference calls v¡ith the City as needed. . Complete, quality assutance and control parcel files, including necess¿Ð¡ records of all ROW relocation services. . Provide stâtus reports monthiy at a minimum or as requested. The City will ptovide Tietra with the following pdor to the commencement of any activities: . Right of Way Plan sheets. . Appraisal of Parcel. o Legal descriptions and patcel map exhibits (if needed) for each real estate interest identified. City of Kent, Phillips Residential Relocation Project Right of Way Relocation Seruices Tiera ROì7#201VR00-23 5 CONSULTANT FEE DETERMINATION . SUMMARY OF PROJECT COSTS Tierra Right of Way Services, Ltd. Gity of Kent, Phillip Relocation Labor Classification Hours OH Fixed Fee Total Total Anount Prolect Management, 1 residential owter relocatton 124.47o/o Division Manager ROW Division Manager Admi nistratirc Assistant Right of Way Technician Direct Reimbursables 2$ 40.00 $ 24.00 $ 100.00 $ 166 77.79 $ 65.82 $ 28.63 $ 31.12 S 30.00% 18.75 15.86 6.90 7.50 Billinq Rate 159.04 $ 134.56 58.53 63.62 318.09 5,382.55 1,4M.67 6,361.75 13,467.06 $ $ $ $ $ $ $ $ Trarcl(Mileage): Travel (Lodging:) Trarcl(Meals:) Postage Toll Reproduction - 8.5" x 11" Reproduction - 11" x17" Reproduction - 24" x36" Subcontracted Services 1,000 0,575 3 $7.50 $ $ $ $ $ $ $ 575.00 22.50 Direct Reimbursables Subtotal: $ 597.s0 $ $ $ $ $ $ $ $ Name of subcontractor Name of subcontractor Name of subcontractor City of Kent, Phillips Residential Relocation Project Right of Way Relocatjon Services Tiera ROW#20WR00-235 Subcontracted Work Subtotal: $ Total Maximum Amount Payable $ 14,0e1.56 Task Order Total Maximum - Rounded $ 14,064.s6 $ $ $ $ $ $ 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 Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1.Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2.Commercial General Liability insurance shall be written with limits no less than $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 A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the 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. 5/28/2020 RSC Insurance Brokerage, Inc. 420 Lexington Avenue New York NY 10170 Robin Strauss (212)669-5400 (212)669-5417 rstrauss@risk-strategies.com Tierra Right of Way Services, Ltd. 1575 E. River Road Suite 201 Tucson AZ 85718 Hanover Insurance Group 22292 Allmerica Financial Benefit Ins 41840 Evanston Insurance Co 35378 CL1991631205 A X X X X ZDN921985009 7/31/2019 7/25/2020 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X AHND94379501 6/14/2020 7/25/2020 1,000,000 A X X UHN912179809 7/31/2019 7/25/2020 5,000,000 5,000,000 B WMND17358503 7/31/2019 7/25/2020 X 1,000,000 1,000,000 1,000,000 C Professional-Claims Made-Retro MKLV7PL0003781 7/31/2019 7/25/2020 Each Occurrence/Aggregate 3,000,000 Date-5/11/1998,7/31/19 for $1M x/o $2M City of Kent is included as additional insured under the General Liability and Automobile Liability coverage as required by written contract, per policy terms, conditions and exclusions. City of Kent 400 West Gowe Street Kent, WA 98032 Michael Christian/LZF The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) zI{N 92198 50 09 I'HIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsemenl modifies insurance provided under lhe following: COMMERCIAL GÊNERAL LIABIIITY COVERAGE PART SUMMARY OF COVERAGES Addítionâl lnsured by Contract, Agreement or permil Permit Any person or organization with whorn you agreed in a written contract, written âgreement or permit that such person or organizalion to add an addilional insured on your policy is an additional insured only with respect to liabilityfor 'bodily injury", "property damage", or "personal and ãdvertising injury" cãuËed, in whole or ¡n part, by your acts or omissions, or the acts or omissions of those âcting on your behalf, but only wilh respect to: {3) Your maantenance, operat¡on or use of equipment leased to you. b. The insurance afforded to such addilional insured described above: (1) Only applies to the extent permitted by law; and {2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such âdditional lnsured. lncluded a, 9WC )verages, higher limits and broader coverage granls --*t _4 T} úrflomrft5sré-trır-tfftnrsr;-AgïããniãñT-ır- Ra-a¿"¿ma 3 follow¡ng is added to SECTION ll - WHO tS perrn¡t; ral-ìñsureð(; ¡gfç,anfenl_O .AI tNùu¡(tru;(Z) Premises you own, rent, lea ;e or occupy 42'1.29f 5 06 15 lncludês côpyrigl{êd mrìeriâl ol lnsur¿nce Sêrvíces Oñico. lnc., with ilg perm¡ss¡on (3) Applies on a primary basis if that is required by the writlen contract, written agreement or peínil. (4) Will not be broacÍer than coverage provided t0 any othgr insured. (5) Does not apply if ihe 'bodily iniury,',''property damage'' or "personal and advertising inlur/' is otheryise excluded ilont coverage uncJer this Coverage Part, including any errclorsernents lhereto. c. ì'his provision does not ãpply {1) Unless the written contract or rvritten agreernent lvas executed or permil was issued pricr to the "bodily injury", ',properly darnaga", or "personal injury and aciverlising injury". {2) ïc, any person or organrzation included asan Ìnsufed by another endorseme¡rt issued by u$ and nrade part of this Coverage Part. {3) To any lessor of equipment: (a) After the equipment lease expires; or (b) lf the "bodily ¡njury", 'propeny damå9e", "personal and adverlis¡ng injury" arises out of sole negligence of the lessor (4) Io any: {a) Ovrners or other interests from. u¡hom land has been leased whtch tâkes place after the lea$e for the land ex- pires; or (b) Manâgers or lessors of premises if: (i) ïhe occurrence takes place after you cease to be a tenanl ìn lhat prenises; or {il) 'fhe "bodity iniury". ',proper-ty damage", "personal ¡niury,' or "advert¡$ing injury" arises out of structurêl alterâtions, nev/ con- struct¡on or demolrl¡on operations perfornred by or on behalf of the rnanager or lessor. (5) To "bodily ¡njury", "property damage" or "personal and advertising injury" arising out of the rendering of or the fa¡lute to render any professional services. Ihis exclusion applies even if ihe ciaíms agåinst any insured aflege negligence or other v;rongdoing in the supervision, hiring, employment, lrâin¡ng or monitoringof othors by that insured, if the "occurrence" which caused the ',bodily injury" o;"'propeÉy damãge" or the offensewhich causeci the "personal and I I ¡ì\ 9l i i)8 sr) i), ãdvertis¡ng injury" involved the rendering of or faiiure to rencjer any professional services by or for you. d. Wilh respeci 1o the insurance afforded to these additronal insi¡reds, the foliowing is âdded to SECTION tll - LIM|TS OF INSURANCE: The most we will pay on behalf of the aclditionaf jnsured for a covered claim is the lesser of thc arnount of insurance. 1. Required by the cofilract, agreement or permil descr¡bêd in Paragi-aph a,; or 2. Available under the applicable Limits of lnsurance shown in the Decla¡ations. This endorsentent shall nol ¡ncreâse the applicable l-¡mifs of lnsurånce shown in lhe Decíaratioirs. 421-2915 06 15 licJudes copyri$hted maíenal of Insurailæ Íiervíoeg Ctfi¿ð. lnc.. w¡lh ¡ts pennissior ¡1,:i:;nt4171500 THIS ENCIORSEMËNT CHANGFS THË POLICY. PLEASE READ IT CAREFULLY. BI.ANKET ADDITIONAL INSURED . PRIMARY AND NON4ONTRIBUTORY This endorsement modifies insurance provided under rhe foilowing; BUSINESS AUTO COVERAGE PART A. The foilowrng is added to SECTION lt -Lt^BlLtry cövenncÈ, Þ?,af r"f,ñi.il'wr,t r"An lnsured: Additlonal lnsured il Required by Contractlf you agree in a written contracl, wrinonagreement or written perm¡l that a person ororgani¿aΡon be added as an addi*,ional"rnsured" under this Coveragı pãrt,'suctl p_erson or organization. is an ,'inSurgd,: but onlyro the oxtonl that such persor or organizatioirqualifie-s ûs an "insured" under pol'agråpnl.l.c. of this Sectìon. lf you agree in a written contraçl, writtenagrôernent or wr¡tten permil that a person ororganieation be added as ân 'additional -rnsL¡red" under this Coverage part, thc moslwe wiil pay on beh¿lf oi such aJàitional"tnsursd" ts the lesser of, (f ) The Limits of lnsurance for liability coveragespecified in the wr¡llen contraêt, wnttınagreement or written permit; or (2) The Lirnits of lnsurance for LiabitityCov.erage shown in the DeOãràtionsapplicable [o this CoveÍage part. Such amount shall be part of and nol in additionto the Limits of lnsurance snown -¡ñ-"t¡re Declarations applicablo to this Çoveraqe parl ,T_egul!,!.eÎs of the ni¡mber of covercd -'aulos.., Insureos , pr€m¡ums paid, claims made orvenrctgs involved in the ,,accident,,, the rnost wewill pay lor the torat of ail Oanrãoéã-'anO'covered -pollulion cost or expense' c"omornedresutting from any onc ,'accident, t$ th¿. r-¡mit oflnsu.rance for Liability Coverago shown in theDeclarations, B, fhe- lollowrng is added to SÊçTION lVBUstNEss A[rro coNotnoNs, Þ;;äiiäDí'r' a.Gsneral Conditions, subparaér-apii -ð.-"óii,o, lneurance: Pr¡mary and Non.Contributory lf you agree in a writren conlract, wr¡ttenagreement or written ¡rermit that lhe insurançeprovidod to a person or organization whoquafttrês as an additionsl "insurect,'uncJcr SECTION ll - Lll\BtLtTy COVERAGE, parasraph4.1. Who ts An tnsurod, suUpàràðraþnAddltlonat lnsured íl Roquired ny C'ònrijct isprimary anrJ non-contrib(,tory, íne fottrrwingapplies Illligbl!,ty çoverrlç)c proviclod by thrs Covcra.<¡cr,an ts lrnrïar.y to any olher ir¡surar.rr:c availatjier tO lhe ad(l'ltonal "lnst¡red" AS ¿l Narnlrtl ln$rtreüWe will not seek contributron from anv -other insurance svailable to the add¡lional "irísJred,' except. (1) For the sole negligence of the additioral"insured',; or (2) For negligence arisrng out of lhe <lwner.shio,, rlatntenance or use of any ,'¿r1o,' ¡lo[ 0w¡,e0' Þy tne additional "insurecli' or Uv vou, únlessthat "âuto" í* ¡ "trailcr,, conrícôtc<i to an*aulo" owned by the additional ,,insured" orby you; or (3) Wlì91 the addirionåt ,,insured" is atso anadditional "insured,, under anorher liãbilitvpolicy. C. This ondofsemênt will apply onl;, if the"accident" ocülrs: 1. During the poiicy period; 2. Subsequent to the executior of the wnt'tencontfact or wr¡tten agreemernl or therssuance of tne written pe?mit: arrrl 3. Prior .to the exp¡rstion of lhe period of timelhat the written cqntract, writt'en aqrcementor written pormit rêquires such insüranco tobe provided to the aðditional ,'rnsured,'. D. Coverage provided to an adcl¡t¡onal ,,insured', will not be broader than coverage provided toany other "insured,' under this Coüeråge part ALL OTHER lERMS. CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 401-0478 12 12 lnciudês copyrighlod mûlerial af tSO 'nsurance Ssrvicos OfflcÕ, lno , wlth ¡þ oermission fage 1 of I