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AG 23-130 - TIERRA RIGHT OF WAY SERVICES, LTD.RETURN TO: PW ADMIN EXT: 2700 ID #: 4426 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Deputy Director 2. ORIGINATING STAFF PERSON: Desiree Winkler EXT: 2711 3. DATE REQ. BY: 4/5/24 3. TYPE OF DOCUMENT (CHECK ONE): 13 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 0 CONTRACT AMENDMENT (AG#): 23-130 ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: Joint Operations and Maintenance Facility Property 5. NAME OF CONTRACTOR: Tierra Right of Way Services, Ltd. ADDRESS: 8685 Martin Way East, Suite 203 Lacey, WA 98516 TELEPHONE: 206-363-1556 E-MAIL:JfiDdLav c-Dtierra- l�1! c m FAX: SIGNATURE NAME: Leslie Findlay TITLE: VP 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE #, BL, EXP. 12/31/ UBI # , EXP. // 7. TERM: COMMENCEMENT DATE: 5/8/2023 COMPLETION DATE: 12/31 /2024 8. TOTAL COMPENSATION: $ Add $33,095.00; New Total = $486,582.50 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: O YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: S IS SALES TAX OWED: 13 YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED M PURCHASING: PLEASE CHARGE TO: r36610-24110 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER 8 DEPUTY DIRECTOR DSW 3129/24 8 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT KVA4/2/2024 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 4/3/24 DATE REC• D: 4/13/24 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR l MONTH PRIOR TO EXPIRATION DATE INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT a LA DEPT i Zo 2 IGNATORY (MAYOR OR DIRECTOR) a ❑ CITY CLERK M. I I A" ❑ ASSIGNED AG # _ -i a ❑ SIGNED COPY RETURNED D 'rl: SENT: I�t COMMENTS: EXECUTE" 1 "ORIGINALS 1/2020 4% CITY OF CITY HALL Federal Way Feder 8th Avenue South a Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahaay com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR JOINT OPERATIONS AND MAINTENANCE FACILITY PROPERTY ACQUISITION This Amendment ("Amendment No. I") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Tierra Right of Way Services, Ltd., a Foreign profit corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for the Joint Operations and Maintenance Facility Right of Way Property Acquisition ("Agreement") dated effective May 8, 2023, as follows: 1. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-1 attached hereto and incorporated by this reference ("Additional Services"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit 13-1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perj ury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - i - 4/2023 4% CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim eil, ayor DATE: TIERRA RIGHT OF WAY SERVICES, LTD.: By: ` t Printed Name: [Cjt rd ktLc Title: \6U- M � dtttL- v j1 Date: STATE OF 1 ) ) ss. COUNTY OF +1,jgP N ) ATTEST: WnAAMIild� Vja 'e C 1lr-tney, CMC, City Clerk APPROVED AS TO ORM: /,;_� ! J Ryan Call, City Atto On this day personally appeared before me ILIA DNDy to me known to be the �lGt (�1SjDE f of Tierra Ri ht of Way Services LTD. that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. '0%%111111111111I1f,�,. Gl IAM'Ar� r and official seal this day of AV al 2024. ? iv 4 TAR00 = Notary's signature Ny , ■� �,; Notary's printed name�h7(�y=D f� U60G a; Notary Public in and for the State of vA ►ir,,mess�, G•.��■ My commission expires 4r4i,,�F"WAS1111%1H% AMENDMENT - 2 - 4/2023 �Fe d e ra I Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 �f (253)835-7000 www o" federatway com EXHIBIT A-1 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: Services are consistent with the original Agreement. This amendment acknowledges that the level of effort to relocate four (4) of the homes was above and beyond what was anticipated at initial project scoping. One home had four additional bedrooms that were not listed in the initial title search and scoping. Three homes had extensive relocation needs in the form of moving ten (10) times the amount of personal property than originally anticipated. AMENDMENT - 3 - 4/2023 CITY OF Federal Way EXHIBIT B-1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Thirty -Three Thousand Ninety -Five and 00/100 Dollars ($33,095.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Four Hundred Eighty -Six Thousand Five Hundred Eighty -Two and 50/100 Dollars ($486,582.50). 2. Method of Compensation: Hourly Rate In consideration of the Contractor performing the Additional Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: CONSULTANT FEE DETERMINATION -SUMMARY OF PROJECT COSTS Tierra Right of Way Services, Ltd. City of Federal Way - Operations & Abintenance Project Direct Estimated Labor Classification E i®ing Rate Hours Total Total Amount Vice President S 195.00 2 $ 390.00 Project Manager S 165.00 49 S 8.085.00 Senior Right of Way Agent S 138.00 130 $ 17,940 00 Right of Way Agent S 115.00 32 S 3,680.00 Administrative Project Coordinator S 100.00 30 S 3,000.00 243 S 33.095.00 Total Amount Payable $ 33,096,00 AMENDMENT - 4 - 4/2023 3/29124, 2:18 PM Corporations and Charities System BUSINESS INFORMATION Business Name: TIERRA RIGHT OF WAY SERVICES, LTD. UBI Number: 601 302 918 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 1575 E RIVER RD STE 201, TUCSON, AZ, 85718-5831, UNITED STATES Principal Office Mailing Address: 1575 E RIVER RD STE 201, TUCSON, AZ, 85718-5831, UNITED STATES Expiration Date: 06/30/2024 Jurisdiction: UNITED STATES, ARIZONA Formation/ Registration Date: 06/17/1994 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: LESLIE FINDLAY Street Address: 8685 MARTIN WAY E STE 203, LACEY, WA, 98516-5847, UNITED STATES Mailing Address: 8685 MARTIN WAY E STE 203, LACEY, WA, 98516-5847, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL MACK DICKERSON GOVERNOR INDIVIDUAL KEITH GANSKE GOVERNOR INDIVIDUAL DARIN HITTLE hftps://ccfs.sos.wa.gov/?_91=1 *1 vc3bnv'_ga'MjAwOTk2NTkzOC4xNjgyNT150DE3"_ga_7BO8VE04 WV•MTcxMTcONzA3NC44MS4xLjE3MTE3NDcxM... 1 /1 3/29/24, 2:18 PM Corporations and Charities System BUSINESS INFORMATION Business Name: TIERRA RIGHT OF WAY SERVICES, LTD. UBI Number: 601 302 918 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 1575 E RIVER RD STE 201, TUCSON, AZ, 85718-5831, UNITED STATES Principal Office Mailing Address: 1575 E RIVER RD STE 201, TUCSON, AZ, 85718-5831, UNITED STATES Expiration Date: 06/30/2024 Jurisdiction: UNITED STATES, ARIZONA Formation/ Registration Date: 06/17/1994 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: LESLIE FINDLAY Street Address: 8685 MARTIN WAY E STE 203, LACEY, WA, 98516-5847, UNITED STATES Mailing Address: 8685 MARTIN WAY E STE 203, LACEY, WA, 98516-5847, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL MACK DICKERSON GOVERNOR INDIVIDUAL KEITH GANSKE GOVERNOR INDIVIDUAL DARIN HITTLE hftps://ccfs.sos.wa.gov/?_gl=1'1 vc3bnv'_ga"MjAwOTk2NTkzOC4xNjgyNT150DE3'_ga_7BO8VE04WV"MTcxMTcONzA3NC44MS4xLjE3MTE3NDcxM... 1 /1 12/15/23, 4:44 PM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name: TIERRA RIGHT OF WAY SERVICES, LTD. Business TIERRA RIGHT OF WAY SERVICES name: Entity type: Profit Corporation UBI #: 601-302-918 Business ID: 001 Location ID: 0001 Location: Active Location address: 8685 MARTIN WAY E LACEY WA 98516-5847 Mailing address: 8685 MARTIN WAY E LACEY WA 98516-5847 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Filter Endorsements held i License # Count Details Status Expiratior First issua https:Hsecure.dor.w.a.gov/gteunauth/_t#5 1/4 12/15/23, 4:44 PM Washington State Department of Revenue Endorsements held z License # Count Details Status Expiratior First issua Bellingham 051665 Active May-03-2 General Business Federal Way Active May-31-2 May-16-2 General Business - Non -Resident Issaquah General Active Jun-30-2C Oct-09-2( Business - Non - Resident Lacey General 182651 Active Jun-30-2C Oct-15-2( Business Leavenworth Active May-31-2 May-31-2 General Business - Non -Resident Port Orchard Active Jun-30-2C Oct-12-2( General Business - Non -Resident Sequim General Active Aug-31-2 Aug-25-2 Business - Non - Resident Spokane General Active Jun-30-2C Nov-12-2 Business - Non - Resident Sumner General Active Jun-30-2C Oct-11-2( Business - Non - Resident Tumwater General R-017313 Active Jun-30-2C Sep-01-2( Business - Non - Resident v hftps://secure.dor.wa.gov/gteunauth/—/#5 2/4 terra A C L S C O M P A N Y March 21, 2024 Desiree S. Winkler, P.E. Deputy Public Works Director City of Federal Way 33325 8`h Ave. S. Federal Way, WA 98003 Re: AMENDMENT #1 — City of Federal Way, Operations and Maintenance Facility to close Right of Way/Relocation files Dear Ms. Winkler: Tierra Right of Way Services, Ltd. (Tierra), is submitting an amendment to add additional funds to finish closing out the remaining 11 acquisition files and 11 relocation files for the Operations and Maintenance Facility project. We believe this amendment will get us through all remaining files. CONSULTANT FEE DETERMINATION -SUMMARY OF PROJECT COSTS Tierra Right of Way Services, Ltd. City of Federal Way - Operations & Maintenance Project Direct Estimated La bo r Classification Billing Rate Hours Total Total Amount Vice President $ 195.00 2 $ 390.00 Project Manager $ 165.00 49 $ 8,085.00 Senior Right of Way Agent $ 138.00 130 $ 17,940.00 Right of Way Agent $ 115.00 32 $ 3,680.00 Administrative Project Coordinator $ 100.00 30 $ 3,000.00 243 $ 33.095.00 Total Amount Payable $ 33,095.00 Sincerely, Leslie Findlay, SR/WA, RW/RAC Vice President, of Right of Way & Designated Broker Tierra Right of Way Services, Ltd. L�=.slie Findlay Designated 3rok:r '•.279�5, 3685 Martin Wav East, Suite 203 • Lacey, liVashington 98516 • Phone: _206.363 1556 Right of ',.Ala;: . Culi.ural Resources a Environmeni_al Plan'nina TGII Frei. r1011.8n—,;:� � • n;Vr•,i?rr3 ,_�W,�om RETURN TO: PW ADMIN EXT: 2700 ID #: 4237 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON: Desiree Winkler EXT: x2711 3. DATE REQ. BY: 5/4/23 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: point Operations & Maintenance Facility - Property Acquisition 5. NAME OF CONTRACTOR: Tierra Right Of Way Services, LTD. ADDRESS: 8685 Martin Way E. Ste 203, Lacey, WA 98516-5847 TELEPHONE: 206.677.8322 E-MAIL: Ifindlay65-tierra-row.com FAX: SIGNATURE NAME: Mack Dickerson TITLE: Vice President 6. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES m COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/I31/_ UBI # , EXP. / / 7. TERM: COMMENCEMENT DATE: lbf I aoyb -COMPLETION DATE: 12/31 /2024 8. TOTAL COMPENSATION: $ 453,487.50 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: [a YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $_62,267.50 IS SALES TAX OWED: 13 YES 0 NO IF YES, $ 62,267.50 PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED In PURCHASING: PLEASE CHARGE TO: r36610-24110 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER 8 DEPUTY DIRECTOR DSW 4/25M IM DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT KVA 5/3/2023 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: "/a COMMITTEE APPROVAL DATE: n/a SCHEDULED COUNCIL DATE: "/a COUNCIL APPROVAL DATE: n/a 11. CONTRACT SIGNATURE ROUTING G ,qL SENT TO VENDOR/CONTRACTOR DATE SENT: ) DATE REC' D: b _ ❑ ATTACH: SIGNATURE AUTHORITW INSURANCE CERTIFICATE. LICENSES. E:XHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY .AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT DEPT Y i a =C;NATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK — U ❑ ASSIGNED AG # AG# ❑ SIGNED COPY RETURNED DATE SENT: lq.� COMMENTS: EXECUTE " "ORIGINALS 1/2020 CITY OF ■ CITY HALL Federal Way 33325 Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cilyoffederalway corn PROFESSIONAL SERVICES AGREEMENT FOR JOINT OPERATIONS AND MAINTENANCE FACILITY PROPERTY ACQUISITION This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Tierra Right of Way Services, Ltd., a Foreign profit corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: TIERRA RIGHT OF WAY SERVICES, LTD. Mack Dickerson 1575 E River Rd., Ste 201 Tucson, AZ 85718 520.322.0388 mdickerson(a,tierra-row.com The Parties agree as follows: CITY OF FEDERAL WAY: Desiree S. Winkler, P.E. 33325 8th Avenue South Federal Way, WA 98003-6325 253.835.2711 (telephone) desiree.winklergacityoffederal .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 2024 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement; notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. 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 above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated PROFESSIONAL SERVICES AGREEMENT - I - Rev. 7/2021 . CITY OF Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoifederalway corn by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the forth specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. if the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Nan -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEM7 NIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. 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 Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from PROFESS[ONAL SERVICES AGREEMENT - 2 - Rev. 7/2021 CITY OF A% Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 vvvvvv clryvdPHPrnftvay com any and all claims, demands, actions, suits, causes of action, arbitrations, mediations. proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insurcd. Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. if Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 7/2021 CITY OF CITY HALL �� Feder 8th Avenue South Federal Way. WA 98003-6325 (253)835-7000 mvwcilyoffederal aycoin 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor 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. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EOUAL OPPORTUNITY EMPLOYER In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 7/2021 CITY of CITY HALL Fe d e ra I Way Feder l Avenue South y Federal Way, WA 98003-6325 r x - (253) 835-7000 wwLtc cityoffederali v�iy com representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1- Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement- conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 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. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. if a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 7/2021 CITY or ,� Federal 'Way CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cilyoffederalivay com shall be cumulative with all other remedies available to the City at law, in equity, or by statute. 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. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoflederelway corn IN WTNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF DERAL WAY: Jim F 1. Ma or DATE: p TIERRA RIGHT OF AY SERVICES, LTD.: By: Printed Name: Mack Dickerson Title: Vice President DATE: 17,h Z 3 [Corporate:] STATE OF ARIZONA ) ss. COUNTY OF P I M A ) ATTEST: "AAA pha Courtney, CMC, Ci Clerk APPROVED AS TO -FORM: �� ; .Ryan C al I, City On this day personally appeared before me Mack Dickerson, to me known to be the Vice President of Tierra Right of Way Services. Ltd. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of MW Odk�J uuae Notary's signature rAOA I 1 §j)4b. Maury Public - 0110"' Notary's printed name Pi"'aLO"61 Notary Public in and for the St to of rizan . Cammisslon �� 363 202A r. My Comm. E PjM My commission expires PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 7/2021 CITY OF VWN� Federal Way EXHIBIT A SERVICES The Contractor shall do or provide the following: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw crryoffederalway coin Provide acquisition and relocation services for 12 parcels, including up to 10 residential displacements, following the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act), Washington State Department of Transportation Right of Way Manual, the Local Agency Guidelines, and Chapter 8.26 RCW. Specific tasks and deliverables are described in greater detail below: Task 1. Project Administration and Project Management ■ Tierra (and any sub -consultants) will support the City by providing Project planning, management, quality control, communication, and coordination throughout the Project. This includes all Project -wide planning and management tasks for the Project. ■ As part of public outreach efforts, assist the City in preparation of an "Introduction/Informational Letter" to be delivered to homeowners and occupants providing the Project purpose, an introduction to the City's consultants, and an overview of the Project schedule. • Attend the on -site or video conference Project kick-off meeting with City staff. • Attend up to 24 conference calls between the City and Tierra to discuss and track progress of the Project. ■ All acquisition parcel files will be prepared in a format that is satisfactory to the City and will include a standard agent contact report/diary reflecting all written, verbal, and email contact with property owner(s). At a minimum, the acquisition parcel files will also include the title report, offer letter, purchase agreement, exhibit, legal description, Appraisal Report, Appraisal Review Report, Establishment of Just Compensation, escrow documents, and conveyance documents. Tierra will maintain records in accordance with all statutory, regulatory and policy requirements. • All relocation files will be prepared in a format that is satisfactory to the City and will include a standard agent contact report/diary reflecting all written, verbal, and email contact with the displaced parties. All notices, claims or other information provided to, or received from, each displaced individual or household will be maintained in the relocation file. This includes but is not limited to the general and eligibility notices, vacate notices, moving cost estimates, and a record of relocation funds received and disbursed. All personal information received from the displaced parties will be redacted pursuant to current privacy standards. ■ Tierra will prepare and submit monthly Project status reports identifying the work completed by Tierra or its sub -consultants during the period, any critical issues or problems encountered, the work to be completed during the next period, and status updates detailing the following information relative to each acquisition site. Tierra will provide Project status report formats. • Tierra will prepare and submit monthly invoices. • Tierra will meet with the City to obtain Project background information and conduct reviews of relevant relocation information previously obtained by the City during community meetings, etc. • Tierra will utilize the Washington State Department of Transportation (WSDOT)—approved forms to prepare draft acquisition documents. Tierra will provide sample forms to the City for update or modification, as necessary. Task 1 Tierra Deliverables The following items are the deliverables for this task: • Project kickoff meeting with City staff. PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 4/2023 Cf1Y OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 6mv crtyoffederalway coin • Assist the City with boilerplate "Introduction/Informational Letter". • Attend meetings and conference calls. ■ Provide monthly status reports and invoices. • Parcel acquisition files that are completed and organized will be provided to the City within 45 days of receipt of final title policy and recorded conveyance document(s). ■ Relocation files that are completed and organized will,be provided to the City within 45 days of final disbursement of relocation funds, the termination of the 18-month Claim Period or as directed by the City,. Task 1 City Deliverables • The City will provide all relevant information previously obtained during community meetings, correspondence with owners, and diary information, etc. • The City will provide the anticipated overall Project Schedule. • The City will provide approved right of way Procedures and Relocation Appeal Procedures. • The City will meet with Tierra, sub -consultants, or owners or representatives as needed. Task 2. Legal Descriptions Activities Tierra will perform under this task include the following: Tierra will perform a quality review of the legal descriptions provided to us by others. Tierra's review is limited to the documents provided. This includes confirming accuracy on the title report and that the vesting deed is correctly described in any subsequent legal description provided to us. Task 2 Tierra Deliverables The following items are the deliverables for this task: As described, Tierra will provide a limited quality review of the legal descriptions. Task 2 City Deliverables Tierra's scope of work contemplates that there will be no deviation from the following assumptions relating to this task: ■ The City will provide legal descriptions. • If errors are discovered, the City will provide updated legal descriptions. The estimated timeline for completion of Task 2: Legal Descriptions is 14 days from the date the Notice to Proceed is provided and Legal Descriptions are received. Task 3. Title Reports Title Commitments will be provided by the City along with copies of all recorded documents reflected in Schedule B requirements and exceptions. Activities Tierra will perform under this task include the following: • Once the title reports are received, Tierra agents will perform an in-depth review of the title report and the Schedule B items to make sure there are no preexisting title conditions that would delay the City from successfully closing escrow on the properties. • If issues are noted, Tierra will bring said issues to the City's attention immediately and provide recommendations for resolution. This may include recommendations to the City whether to accept or clear problematic encumbrances and exceptions. This will come in the form of a Parcel Title Summary Memorandum (PTSM). PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 4/2023 CITY OF .0.W Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www Wyol(ederalway corn • Tierra will work with the title company to clear title encumbrances as directed by the City and resolve any title issues. This includes negotiating as necessary negotiations with lien holders or easement holders to remove title defects. • Tierra will perform research into any title issues relating to parcels. • Tierra will meet with the City and property owners as needed to discuss and assist with resolving any title issues for acceptance by the City. Task 3 Tierra Deliverables The following items are the deliverables for this task: Tierra will review and prepare the PTSM (per parcel) addressing any issues that may affect the City's ability to successfully close escrow. This will be provided to the City for review and approval. • Task 3 City Deliverables Tierra's scope of work contemplates that there will be no deviation from the following assumptions relating to this task: • The City will provide the title reports for each parcel. ■ The City may request, under a separate estimate additional in-depth research of title issues (if identified). The costs associated with any additional research are in addition to those noted herein. • The City will provide a detailed parcel count, along with the Assessor's parcel number(s), of any additional parcels it wishes for Tierra to obtain title commitments for. • The City will provide written approval of the title exceptions and encumbrances to be either cleared or accepted, as recommended by Tierra. • The City will provide payment directly to the title company for any expenses related to obtaining title reports, clearing title, or obtaining the services of an escrow firm. The estimated timeline for completion of Task 3: Title Reports is 30 days from the date the Notice to Proceed is provided and title reports are received. Task 4. Relocation Planning In accordance with the Uniform Act, projects shall be planned in a manner that recognizes any problems associated with the displacement of individuals, families, businesses, and farm operations and will provide for resolutions of such problems to minimize adverse impacts on displaced persons and to expedite program and project advancement and completion [49 CFR 24.2051. Relocation planning shall occur during the early stages of project development [49 CFR 24.205(a)]. Tierra will initiate written outreach with each of the displaced individuals with a General Information Notice (GIN) of the Project. This GIN will advise of the intention to acquire the property and shal I inform of the individuals rights in accordance with the Uniform Act [49 CFR 24.203(a)]. Concurrently, Tierra staff will schedule a meeting with each landowner and occupant to provide the owner an overview of the Project and the relocation assistance that may be available to them if they are required to move from the Project limits. As required, an interview will be conducted to gather information pertinent to the relocation process and to determine eligibility for benefits. Following completion of the GIN, meeting, and interview with the owner, Tierra will proceed with the same activity for each occupant of the property intended to be acquired. Tierra will meet with each displaced person or household at their property within the Project PROFESSIONAL SERVICES AGREEMENT - I 0 - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www a1yoffedern1way corn limits. Our agents will conduct an initial walk- through inspection of the property and residence to determine relocation needs, specific concerns related to the families' living conditions, and financial means. When the interviews and surveys are complete, Tierra will prepare a Relocation Plan for the Project that estimates the number of households and businesses to be displaced and considers the relocation needs of each, including the availability of replacement sites, and an identification of actions needed to minimize hardship to the Displacees. The final component of the plan will be to consider any special relocation advisory services that may be needed from the City and other cooperating agencies. Based on information provided by the City, Tierra has assumed that this Project will require the relocation of 10 residential occupants; however, it is not uncommon to discover additional Displacees during the relocation planning tasks. If additional Displacees are discovered during relocation planning, Tierra will inform the City and Tierra and the City may amend the scope of work and fee schedule accordingly. Activities Tierra will perform under this task include the following: • Inspect and photograph properties to visually identify potential relocation impacts. • Research potentially affected properties to obtain owner data, tenant data, general property data, contact information, etc. • Schedule interviews with the property owner/tenants to obtain as much additional information about theirs and their property as possible. ■ Research available replacement properties with local real estate brokers, multiple listing services, local newspapers, and other publications. • Identify the special needs of displaced occupants or problematic relocations and provide suggested resolutions for each. • Assimilate the collected data into a draft Relocation Plan report. Upon completion of the draft report, Tierra will provide it internally to our editing department for a final review and edit. • Upon finalization of the Relocation Plan report, Tierra will deliver and review the report with the City and address any specific issues of concern. Task 4 Tierra Deliverables • GIN to potential Displacees. [49 CFR 24.203(a)1-5]. Please note: the GIN shall be delivered prior to the initiation of negotiations (ION), i.e., prior to presentation of offers. ■ Relocation Plan for the City's record to be completed by Tierra prior to the ION. Task 4 City Deliverable • The City's approval of the finalized Relocation Plan must be received prior to the ION. Task 4 Assumptions Based on information provided by the City, Tierra has assumed that this Project will impact up to 10 residential Displacees. If additional Displacees are identified during relocation planning, Tierra will be afforded an opportunity to revise its scope of work and cost proposal, and Tierra and the City may amend the scope of work and fee schedule accordingly. The estimated timeline for Completion of Task 4: Relocation Planning is 30-90 days from the Notice to Proceed. PROFESSIONAL SERVICES AGREEMENT - 1 1 - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www otyoffederalway com Task S. Appraisal Services Tierra has selected SH&H Appraisal to complete the real estate valuation reports for this Project. This firm is an approved provider of appraisal set -vices by the Washington State Department of Transportation. if required, the appraiser will perform a field visit with the landowner of each property to be appraised, research and analyze all supporting market documentation, ascertain, and determine the value, and produce each appraisal report in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and State appraisal regulations. Activities Tierra will perform under this task include the following: • Tierra will order and coordinate to obtain one original physical appraisal reports for each of the properties affected by the Project. • identify and resolve personal vs. real property issues prior to the appraisal of the properties [49 CFR 24.205(c)(2)(i)(C)l with input from Tierra relocation agent as may be needed. • Once the appraisal reports are received, Tierra will review them in detail to make sure they are complete and accurate. • If any issues or concerns are noted during review, Tierra will resolve its concerns with the appraiser prior to finalization of the appraisal report. • If any additional subcontractors are required to assist the appraisal firm, to address specialized valuation issues (i.e., sign companies, engineers, biologists, etc.). Those services and costs are to be determined as part of the appraisal inspection process, and if needed, shall be added to this scope and budget with City approval. ■ Tierra shall coordinate the appraisal delivery schedules. • Tierra shall attend all on -site appraisal inspections. • Upon verification, each appraisal report will be reviewed by a Review Appraiser. Each Appraisal, Appraisal Review, and Establishment of Just Compensation will be forwarded to the City electronically for City approval of the just compensation amount. Task 5 Tierra Deliverables The following items are the deliverables for this task: Electronic copy of each completed appraisal report. Task 5 Assumptions Tierra's scope of work contemplates that there will be no deviation from following assumptions relating to this task: r The costs for appraisals are flat fees set by the appraiser. Upon delivery of the completed appraisal, Tierra will bill the City for the completed appraisal(s). Upon payment from the City, Tierra will pay the appraiser for their services. The estimated timeline for Completion of Task 5: Appraisal Services is 40-60 days from the Notice to Proceed. Task 6. Review Appraisal Services Tierra has selected R. F. Duncan & Associates to provide appraisal review services. This firm is an approved provider of review appraisal services by the Washington State Department of Transportation. The purpose of the review appraisal is to provide an independent review to confirm the appraisal report meets USPAP, Uniform Act, and State appraisal regulations. PROFESSIONAL SERVICES AGREEMENT - 12 - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 wvtu cayofledernfway coin Note: When a government agency acquires property rights from a private property using Federal funds, the agency is required by the Uniform Act to have the appraisal reviewed by an independent appraiser qualified to perform such reviews. Activities Tierra will perform under this task include the following: • Tierra will order and coordinate to obtain a review appraisal report for each of the properties affected by the Project. + Once the review appraisal reports are received, Tierra will review them in detail to make sure they are complete and accurate. Task 6 Tierra Deliverables The following items are the deliverables for this task: + An electronic copy of the review appraisal reports for each of the properties appraised meeting USPAP, Uniform Act, and State regulations identifying any opined value and stating compliance with USPAP, Uniform Act, and State regulations. Task 6 City Deliverables • The City shall provide Tierra with a signed and approved "Establishment of Just Compensation" for each completed appraisal and appraisal review before Tierra initiates negotiations with property owners. Task 6 Assumptions Tierra's scope of work contemplates that there will be no deviation from following assumptions relating to this task: The costs for review appraisals are flat fees set by the appraiser. Once the appraiser delivers the completed review appraisals to Tierra, Tierra will bill the City for the completed review appraisal(s). Upon payment from the City, Tierra will pay the appraiser for their services. The estimated timeline for completion for Task 6: Appraisal Services is 14 days from receipt of the appraisal performed on Task 5. Task 7. Acquisition Services All acquisition services will be provided directly by Tierra. Acquisition services include the coordination and performance of the following items: limited review of exhibits and legal descriptions, review of title commitment, appraisal report, review appraisal report, preparation of all purchase agreements and conveyance documents, review of any Project plans, negotiations with each property owner within the Project limits, the maintenance of detailed contact notes and the coordination of the activities and services stated herein. Should negotiations reach an impasse or become no longer viable, Tierra will advise the City immediately for consideration to proceed with eminent domain. Activities Tierra will perform under this task include the following: + Tierra agents will prepare the offer packages (using the City's approved forms) and will submit the completed packages to the City for review and approval prior to making the offer to the property owner(s). • Tierra will present and negotiate the offers to the property owner(s), in person, when possible. • Tierra's acquisition agent(s) will perform "good faith negotiations" (as defined by The Uniform Act) to acquire by voluntary purchase, the assigned parcels through open market transactions, and to make a sufficient number of significant contacts -with each owner in an effort to secure the needed property rights. Significant contact is represented by an in -person meeting, detailed PROFESSIONAL SERVICES AGREEMENT - 13 - Rev. 4/2023 CITY QF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mm.. cityoffederatway com phone conversation, or the exchange of detailed correspondence or email. A sufficient number of significant contacts is three attempts. * Tierra will make every effort to successfully acquire the parcels without the use of the City(s right of eminent domain. • All administrative settlements will be sent to the City for approval and providing the appropriate supporting documentation. • If negotiations are not successful, Tierra will make recommendations to the City to proceed with eminent domain so the City may secure the required property rights, if desired. Upon acceptance of Tierra's recommendation, Tierra will turn over the file and all applicable data pertaining to the file to the City(s') attorney for initiation of the eminent domain proceedings. • Upon acceptance and signature of an offer by the property owner, Tierra agents will open escrow with the title company and will work with title to clear any pending issues so escrow can close successfully, unless the file is to be closed by the City. • If the property owner is an LLC or corporation, the operating agreement/articles of incorporation and tax filing status of the business will be obtained by Tierra and provided to escrow. ■ The signed offer documents will be forwarded to the City for signatures within three business days of receipt of the signed purchase or acquisition agreements for the landowner. ■ Tierra agents will request the funds necessary to close escrow from the City. • Acquisitions will be considered complete at such time as any of the following occurs: signed acquisition documents are received and close of escrow occurs; the offer to purchase is rescinded; the parcel is processed for condemnation; or Tierra's negotiations are terminated after the joint negotiation's status review by the City and Tierra. • Within 45 days of receipt of the final title policy and recorded conveyance document(s) from the escrow company, Tierra will return the original acquisition file to the City. Task 7 Tierra Deliverables The following items are the deliverables for this task: • Parcel acquisition file, in an electronic format, unless otherwise requested, containing all relevant documents, communications and plans relating to each acquisition. • Deliver all original conveyance documents to the City for signature and issuance of warrant to close escrow. Task 7 City Deliverables The following items are the deliverables for this task: • The City shall provide approval of all letters and acquisition forms prior to use. • Deliver copies of signed conveyance documents to Tierra with a copy of payments made. Task 7 Assumptions Our scope of work contemplates that there will be no deviation from following assumptions relating to this task: Tierra will make up to three attempts to negotiate in good faith with each property owner and secure their approval or acceptance of the offer. If an agreement cannot be reached or negotiated, Tierra will make a recommendation to the City to move to eminent domain. Upon concurrence by the City of Tierra's recommendation, Tierra will prepare the file and deliver it to the City for initiation of those proceedings. If negotiations stall or are no longer viable, the City will not unreasonably delay Tierra from turning over the file for the initiation of eminent domain proceedings (to be handled by the City). The City shall provide payment to property owners, escrow, or the courts as necessary to close all transactions or gain possession of the property through its right of eminent domain, including the payment or reimbursement of any incidental costs that may arise to complete each transaction. PROFESSIONAL SERVICES AGREEMENT - 14 - Rev. 4/2023 CITY of CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 - (253) 835-7000 wnwv cdyoffedernkvny corn ■ Should Tierra's assistance be required on a parcel after it has been turned over for eminent domain, Tierra will bill the City at Tierra's hourly rates, which are included herein, for the actual hours worked. Said hours are not a part of this estimate. * If additional parcels are identified after the approval of this estimate, Tierra will be afforded the opportunity to revise this proposal and fee accordingly. * Mileage will be billed at the current IRS rate, as incurred. Estimated Timeline for Completion for Task 7: Acquisition Services is 90-120 days from the initiation of negotiations. Task 8. Relocation Assistance and Advisory Services Upon the ION, relocation services will begin by Tierra agents and will run concurrent with the acquisition activities described above. The Consultant will provide relocation assistance and advisory services for occupants of up to 12 separate tax parcels with personal property, residential, and business displacements as a result of the Project. All relocation services shall be provided in accordance with the Uniform Act, Washington Administrative Code (WAC) 468-100, and the WSDOT Right of Way manual. Activities Tierra will perform under this task include the following. Task 8.1. Preparation and Administration • Meet with the City to obtain Project background information. • Conduct reviews of relevant relocation information previously obtained by the County during community meetings, etc. • Use WSDOT forms, prepare draft relocation documents. Consultant will provide samples as necessary. • Prepare tracking and status report formats. • Prepare relocation parcel files to include general and eligibility notices, diaries, moving cost estimates, claim forms, and other items necessary for relocations. • Prepare and update a relocation schedule outlining timeframes for various tasks, including an estimated vacate date for each parcel. Task 8.2. Relocation Plan • Develop a Relocation Plan based on personal interviews with potential Displacees, and prepare property inventories. • Research available replacement properties with local real estate brokers, multiple listing service, local newspapers, and publications. • Identify special needs of displaced occupants and problematic relocations, and provide suggested resolutions for each. Task 8.3. General Notice/Notice of Eligibility ■ Inform displaced occupants of their potential displacement and eligibility for relocation assistance. • Research residential comparable sales or secure business moving estimates. Prepare eligibility notice to include an explanation of Displacees' relocation benefits and 90-day assurances. • Conduct replacement site search. ■ Assist Displacees in search of replacement site(s); provide listings of available sites; coordinate purchase of replacement site(s) with real estate agents. ■ Complete Decent Safe and Sanitary (DSS) inspections for residential properties. * Coordinate with move planners and monitor moves for businesses. PROFESSIONAL SERVICES AGREEMENT - 15 - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 mm c ilyoffederalway corn Task 8.4. File Claims and Parcel Close-out ■ Assist Displacees in filing relocation claims with the City for payment. • Create and maintain necessary records to support audit of the Project. • Provide a closing report of any outstanding relocation claims or issues. ■ Close-out meeting(s) with the City. Task 8 Tierra Deliverables • Meet with the City to obtain Project background information. • All notices and relocation documents prepared on WSDOT standard forms in a format approved by the City. ■ Parcel files maintained in a format satisfactory to the City. • Prepare tracking and status reports in a format satisfactory to the City. • 'Provide a letter stating that all relocations are complete, and all relocation assistance services were provided in accordance with the Uniform Act, WAC, and the WSDOT Right of Way Manual. Task 8 City Deliverables • Provide right of way plans and drawings, maps, exhibits, right of way staking, etc., as necessary. ■ Timely review of all relocation claims submitted. • Payment of all approved relocation payments and any incidental costs which may arise to complete each transaction. Property Acquisitions (Breakdown of Site 1: Existing Site - Expand to North 1North of Existing Yard, South of Sound Transit Access Parcel Address Lot Area (SF) Lot Area (ACC 0921049009 31016 28th Ave S 93322 2.142378329 ID921049170 31014 28th Ave S 10725 D.246212121 ID921049085 31004 28th Ave S 43607 1.001078972 0921049115 31000 28th Ave S 35347 0.811455464 ID921049095 :30930 28th Ave S 155097 1.494421488 10921049240 n/a 10767 ID.247176309 10921049239 :30922 28th Ave S 14079 ID.323209366 TOTALS .272944 6.265932048 North of Existing Yard. North of Sound Transit Access Parcel Address Lot Area (SF) Lot Area (AC 0921049329 in/a 44960 1.032139578 ID921049084 '30902 28th Ave S 34574 0.793709826 D921049314 2833 S 308th Ln 14960 0.343434343 ID921049313 2808 S 308th Ln 25236 D.579338843 0921049075 :xxxx S 308th Ln 12230 110.280762167 TOTALS 1131960 3.029384757 PROFESSIONAL SERVICES AGREEMENT - 16 - Rev. 4/2023 CITY OF CITY HALL Federal WaFeder 8th Avenue South Federal Way, WA 98003-6325 'w w�� (253) 835-7000 www cityoffederalway corn PROJECT SCHEDULE It is anticipated that the Project will go to construction in the Spring of 2024. Our goal is to have acquisitions and relocations completed within 14 months from the Notice to Proceed. The deliverable hours and cost provided contain the following assumptions: • All mileage expenses will be invoiced to the City at the IRS established rate. Actual mileage may be more or less than what is estimated herein. ■ Lodging and mileage from Lacey, Bellevue, or Wenatchee offices may, be applicable. Tierra will do its best to utilize resources within the region of the Project but may need employees from offices further away to assist on projects, requiring lodging and mileage from that office. Tierra will make best efforts to limit this option. A maximum of three contacts, initially via U.S. mail, following up via email or phone and possibly one in -person meeting for all negotiations. + There are no more than two principal owners of any parcel and that both are geographically located very near to each other. • Any delay in City deliverables or design changes will delay Tierra's project schedule. ■ If any additional parcels, displacements, or work that is required that is not identified in this scope of work, will require an amendment to the scope and fee. • Any vesting clouds discovered after title review may cause significant delays on conveyance recording. ■ Any change in the City's main point of contact, project manager, or other related leadership position will likely result in increased fees due to changes in management and communication styles, changes in agreed to reporting, changes in forms, and the new project team member not fully understanding the scope of work contracted for. ■ Price does not include title, escrow, or recording fees, survey, the development of legal descriptions, or exhibits. • Tierra's quality control review of items produced by others is limited to desktop review of the items received only. • Regarding surveys produced by others, unless directed otherwise, on behalf of the City, Tierra will confirm the accuracy of the written legal description against the exhibit produced by the surveyor. Tierra will not confirm the description has proper closure because Tierra are not licensed surveyors and Tierra does not have the appropriate programs to confirm bearings, or that the field measurements are correct, and Tierra does not guarantee those. PROFESSIONAL SERVICES AGREEMENT - 17 - Rev. 4/2023 CITY Of Federal Way EXHIBIT B COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cifyoffederaAv�y can I . Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Four Hundred Fifty -Three Thousand Four Hundred Eighty -Seven and 501100 Dollars ($453,487.50). 2. Method of Compensation: Hourly rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: CONSULTANT FEE DETERMINATION -SUMMARY OF PROJECT COSTS Tierra Right of Way Services, Ltd. City of Federal Way, Operations & Maintenance Facility Direct Estimated Labor Classification Billing Rate Flours Total Total Amount Division Director $ 195.00 1 $ 195.00 ROW Division Manager S 180,00 50 $ 9,000.00 Project Manager $ 165.00 175 $ 28,875.00 Senior Right of Way Agent S 138.00 2300 $ 317,400.00 Right of Way Technician $ 95.00 250 S 23.750.00 Administrative Project Coordinator S 100.00 120 $ 12.000.00 2896 $ 391,220.00 Reimbursable Expenses The actual customary and incidental expenses incurred by Contractor in performing the Services including miles, lodging, meals, appraisal services, and other reasonable costs estimated below; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Sixty -Two Thousand Two Hundred Sixty -Seven and 501100 Dollars ($62,267.50). Direct Reimbursables Travel (Mileage): Miles S 0.655 7,500 S 4,912.50 Travel (Lodging:) Night $ 175.00 5 S 875.00 Travel (Meals.) Daily S 100.00 6 S 600.00 Postage Total $ 10.00 48 S 480.00 SH& H Appraisal Appraisal $ 3,700.00 1 S 3,700.00 SH& H Appraisal Appraisal $ 3,500.00 11 $ 38,500.00 Duncan & Associates Review $ 1,10000 12 S 13,200.00 Direct Reimbursables Subtotal: $ 62,267.50 PROFESSIONAL SERVICES AGREEMENT - 18 - Rev. 4/2023 _ 1 0 DATE (MM/DD/YYYY) AC�rQ CERTIFICATE OF LIABILITY INSURANCE 5/10/2023 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). PRODUCER CONTACT Robin Strauss Risk Strategies Company PHONE FAX 750 Third Avenue . LALC N.a, E,1jL 212-669-5400 wqNn 212-669-5417 Suite 1500 ADDRESS: rstrausSQrisk-strategies.COM New York, NY 10017 INSURERS AFFORDING COVERAGE NAIC# INSURER A: HANOVER INSURANCE COMPANY 22292 INSURED 11474 INSURERB: ALLMERICA FINANCIAL BENEFIT INS CO. 41840 Tierra Right of Way Services, Ltd INSURERC: EVANSTON INSURANCE COMPANY 35378 1575 E. River Road Suite 201 INSURER D : TUScon, AZ 85718 INSURER E: INSURER F : rnvConr_1=c CFRTIGICATF NI IMRFR• 57999959Q RFVISIr1N NLIMRFR1 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. IN SR TYPE OF INSURANCE '�ODL�SUBRf POLICY NUMBER PONd YY MWDDOLICY ✓YEY�YY LIMITS LTRWVn A GENERAL LIABILITY Y Y ZHN 9219850 12 7/25/2022 7/25/2023 OCCURRENCE S 1,000.000 X COMMERCIAL GEI4ERAL LIABILrTY CLAIMS -MADE r X 1 OCCUR _EACH [SHWA ai FT R ,,,PR„�� Ea.ocraxrenoe MED EXP (Any oneperson) S 1,000.000 S 10,000 X Prima Non-Cont f PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG S 1,000.000 $ Z000,000 13EML AGGREGATE LIMIT APPLIES PER: 5 Z000,000 $ X ' POLICY I _.i PRO- LOC A AUTOMOBILE LIABILITY Y AHN D94379504 7125/2022 7/2512023 COMBINED SINGLE LIMIT (Eagr4l [1t I'D011000 _ . ANY AUTO BODILY INJURY (Per person) S X ALL OWNED X SCHEDULED AUTOS AUTOS NON -OWNED X HIREDAUTOS X AUTOS BODILY INJURY (Per accident) PerP1 DA A S S 5 UMBRELLA LIAB IOCCUR EACH OCCURRENCE S AGGREGATE EXCESS LIAB CLAIMS -MADE S DED RETENTION S S g WORKERS COMPENSATION WARN D17358506 7/25/2022 7/25/2023 WC STATJ- OTH- FEj AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,D00,000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A E-L, DISEASE - POLICY LIMIT S 1 000 ODD If yes, describe under OESCRIPTJON OF OPERATIONS below C E & O / Professional -Claims Made MKLV7PL0005472 7125/2022 7/25/2023 Each Claim/Aggregate $2,000,000 Retro Date 5/11/98 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City is included as additional insured as per policy terms, conditions and exclusions. Waiver of subrogation applies per policy terms, conditions and exclusions. r00T10IrATC Un1 MCD r'ANrF:I I ATWINI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. City Hall AUTHORIZED REPRESENTATIVE 33325 8th Avenue South Federal Way, WA 98003-6325 i (D 19BB-2U1 U AGUKD GUKPUKA I IUN. All rlgnts reservea. ACORD 25 (2010/06) The ACORD name and logo are registered marks of ACORD 4/26/23, 10:28 AM Corporations and Charities System BUSINESS INFORMATION Business Name: TIERRA RIGHT OF WAY SERVICES, LTD. UBI Number: 601 302 918 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 1575 E RIVER RD STE 201, STE 103, TUCSON, AZ, 85718, UNITED STATES Principal Office Mailing Address: 1575 E RIVER RD STE 201, STE 103, TUCSON, AZ, 85718, UNITED STATES Expiration Date: 06/30/2024 Jurisdiction: UNITED STATES, ARIZONA Formation/ Registration Date: 06/17/1994 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: LESLIE FINDLAY Street Address: 8685 MARTIN WAY E STE 203, SUITE 203, LACEY, WA, 98516-5847, UNITED STATES Mailing Address: 8685 MARTIN WAY E STE 203, SUITE 203, LACEY, WA, 98516-5847, UNITED STATES GOVERNORS Title Governors Type GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL Entity Name First Name Last Name MACK DICKERSON KEITH GANSKE DARIN HITTLE https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1 /1 5/17/23, 1:51 PM Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name: TIERRA RIGHT OF WAY SERVICES, LTD. Business TIERRA RIGHT OF WAY SERVICES name: Entity type: Profit Corporation UBI #: 601-302-918 Business ID: 001 Location ID: 0001 Location: Active Location address: 8685 MARTIN WAY E LACEY WA 98516-5847 Mailing address: 8685 MARTIN WAY E LACEY WA 98516-5847 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Filter Endorsements held i License # Count Details Status Expiration First issua hops://secure.dor.wa.gov/gteunauth/_/#5 1 /4 5117/23, 1:51 PM Washington State Department of Revenue Endorsements held i License # Count Details Status Bellingham 051665 Active General Business Federal Way Active General Business - Non -Resident Issaquah General Active Business - Non - Resident Lacey General 182651 Active Business Port Orchard Active General Business - Non -Resident Spokane General Active Business - Non - Resident Sumner General Active Business - Non - Resident Tumwater General R-017313 Active Business - Non - Resident University Place Active General Business - Non -Resident Wenatchee Active General Business - Non -Resident hftps://secure.dor.wa.gov/gteunauth//#5 Expiratioi First issua May-03-2 May-31-2 May-16-2 Jun-30-2( Oct-09-2( Jun-30-2C Oct-15-2( Jun-30-2( Oct-12-2( Jun-30-2( Nov-12-2 Jun-30-2C Oct-11-2( Jun-30-2C Sep-01-21 Jun-30-2C Oct-08-2( Jun-30-2C Oct-12-2( 2/4 5/17/23, 1:51 PM Washington State Department of Revenue Endorsements held i License # Count Details Status Yelm General Business - Non - Resident Active Expiration First issua Jun-30-2C Mar-16-2 Governing People May include governing people not registered with Secretary of State Governing people Title DICKERSON, MACK GANSKE, KEITH H ITTLE, DARI N Registered Trade Names Registered trade names Status TIERRA RIGHT OF WAY SERVICES Active First issued May-03-2013 The Business Lookup information is updated nightly. Search date and time: 5/17/2023 1:51:32 PM Contact us How are , i doing? https://secure.dor.wa.gov/gteunauth/_/#5 3/4