AG 23-130 - TIERRA RIGHT OF WAY SERVICES, LTD.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