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Home My WebLink AboutPW15-405 - Amendment - #2 - SH&H Valuation, LLC - Appraisal Report for S 228th St UPRR Grade Separation - 11/29/2016 rf'',iy .'SxiS£iYfl'�t3q''f�+f i`yQr 10, Recuwds KEN T AN ,Y �q' . Wg6HINGTON ; Document N-M, CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: SH&H Valuation LLC Vendor Number: JD Edwards Number Contract Number: PW15-405-002 This is assigned by City Clerk's Office Project Name: S 2281h St UPRR Grade Separation Description: ❑ Interlocal Agreement ❑ Change Order XAmendment ❑ Contract ❑ Other: Amendment No 2 Contract Effective Date: 12/29/2015 Termination Date: 6/30/2017 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: M.Madfai Department: Public Works Contract Amount: Approval Authority: ® Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Time extension As of: 08/27/14 ET AMENDMENT NO. NAME OF CONSULTANT OR VENDOR: SH&H Valuation LLC CONTRACT NAME & PROJECT NUMBER: S. 228t�' Street UPRR Grade Separation ORIGINAL AGREEMENT DATE: December 29, 2015 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The scope of work remains the same, however an amendment is needed to extend the time of completion to June 30, 2017 due to project delay. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $32,250.00 including applicable WSST Net Change by Previous Amendments $10,000.00 including applicable WSST Current Contract Amount $42,250.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $42,250.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/16 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'[ Days Required (±) for this lsi calendar days Amendment Revised Time for Completion 6/30/17 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied, The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By:— 1 , By: 1 (signature) Print Name: -/N2�C Print Name: Timothy J. LaPorte, P.E. Its_bw e 3�N� Its Public Works Director (,t(tie_) Kitle) DATE: l g tie) DATE: APPROVED AS TO FORM: (applicable If Mayor's signature required) Kent Law Department SH&H-220 UP Grade Sep A d2/M-MI AMENDMENT - 2 OF 2 � — SI-19VA-1 OP!D: HH GERTIEIGATE OF LIABILITY INSURANCE 1 oAruz1t20 5 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NECATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IM'PDRTANT: If the certificate holder Is an ADDITIONAL INSURED, the PDlicy(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 caftd"lcafe does not confer rights to the certificate holder in lieu of such endorsement(s). FRDDUCER coNTACT Heather Hanson Taylor-Thomason Ins. Brokers pµo 3401 South 19th Street AIc No Fser253-284-7900 jA/c,No;:253-284-7901 _ P.O. BOX 7197 E-rraa Tacoma,WA 9B417 kOneess:Heafhe rhee tt!b.nef CL Written by staff INSURERR)AFFORDING COVERAGE NACR INSURER A:Ohio Casuafty Insurance CD _ wsuREo " SH&H Valuations LLC INSURER a: 6419 Lakewood Dr West — - —�— Tacoma,WA 98467 I eURER c: _ —..— INSURER O: INSURER F: _ COVERAGES CERTIFICATE NUMBER: J REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BFFN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVATIISTANDING ANY REQUIREMENT,T ERq OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEKFIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 7ERMS, EXCLUSIONSAND CONDITIONS OFSUGH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR kDDL 9UBR - -""- nOUCYEFP FDUcY EXF -- --� ---- LTR TYPE OF JNSURANCE llSiL VND POLICY No MBER IuVMDD.T L(MM.IDD LIMITS A CDLOhf RCIAL GENERAL DABILITY j EACH 00GURRENCE S Z,000,000 CLAI!dSddADE ❑x OCCUR X BZS57021782 Y D1/I)V2D16 0110112017 pRElh!SES fEo occurzenm_) , 5 2,000,000 K Business Owners ? _MED_CKP(Aryomperso,) IS 15,000 PERSONAL&ADVINJURY 2,0DD,D00 LIPLAGGRGGATE LIN TAPPLIES PER: GENERAL AGGREGATE S 4,OOD,000 I X AOIIGY[—]j g n LOG PRODUCTS-COMPIOPAGG S 4,000,000, OTHER .-. S AUTOMOBILE UAEILITY COMBINED SINGLE WE!I S 1,ODO,Oi Ea acdtlenn _ a ANYAUTO X BZS57021762 ✓ 01/01/2016 01/01/2017 BODILY INJURY(Perpesan)) 11,S ALUTOS OWNED AWODIILED BODILY INJURY(Per accident)i5 K HIRED AUTOS y' AUTfJONMED (PROPERTYc r1AMAGE -- ❑IdERELLA UA6 OCCUR EACHOCCURRENCE s ERcESS"] s CLAIIdS-NAOE AGGREGATE S DEO RETEIJITONS AND UAVS YERS'LSATIEr PrR ER AND EWPLOYERS'LIAB!LITI' STA1111_F__,__LR Y/fJ ANYPROPRIETORIEXCLUDRIEXECUTIVE F.L,EACH ACP)EAR $ DfFICER/IA M DER EXCLUDED? N/A I tfdwnawfory n NH) EL DISUSE-EA EMPLOYE § DESCRIPTION OF OPERATIONS bd. 1 __ E1_LISEASE POLICY LIMIT S I I 1 DESCRIFIIDN OF ONE WITION51 LOCATIONS!VEHIC(FS IACGRD 101,Fddl0onzl Remarks Scbcdule,may be a;lacM1ed If more space is rey,a;edJ The City of Kent is named as additional insured with respects t0 operations of the named 1nSDred.Coverage IS primary and non contributory. CERTIFICATE HOLDER CANCELLATION SHDULD AFIY OF]HE ABOVE CESCRIBED POLICIES BE CANGELLED BEFORI_ TY,E EXPIRATION BATE THEREOF, NOTICE WILT BF CELIVER ED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIDNS. Public Works Engineering ----- 220 4th Ave So AIr,HORDED REFRE8tNTAI NE Kent,WA S8032 —_ 198E-2D14 ACORD CORPORATIDN. All rights reserved. ACORD 25(2014ID1) The ACORD name and logo are registered marks of ACORD i r,PRMi EDFRDM? FFORMS UBRARY"" COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 Policv #BZS57021782 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, LIABILn PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent as required by written contract. ADDITIONAL INSURED — BY WRITTEN lease of occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence" which takes place INSURED (Section after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown In the Sched- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide Insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the a- The contract, agreement or permit must be person or organization added as an in effect during the policy period shown In insured; the [Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the `bodily injury", `property sured, whether the work is performed damage", or "personal and advertising by you or for you; injury" (3) The maintenance, operation or use by b. the person or organization added as an in- you of equipment leased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any "occurrence" which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CG 76 35 02 07 Peg& i Df 4 EP ^'REPRWTEDFROM,THE FORMS U3FAR - (b) This insurance does not apply to This exclusion applies even if the claims oodily injury" or 'property dam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring, gene of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the "bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to 'bodily This exclusion does not apply to: injury", "property damage", or (1) A watercraft while ashore on premises "personal and advertising injury" arising you awn or rent; out of operations performed for the state or municipality. (2) A watercraft you do not own that is; C. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured (b) Net being used to carry persons or by this endorsement does not apply to property for a charge; `bodily injury", "property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, inclnd- vided the "auto" is not owned by or ing: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability "assumed under any "insured prepare or approve maps, drawings, contract for the ownership, mairnte- nance or use of aircraft or watercraft; or opinions, reports, surveys, change or- ders, designs or specifications: and (5) `Bodily injury" or "property damage" arising out of: (2) Supervisory, inspection or engineering services. (a) the operation of machinery or equipment that is attached to, or d. This insurance does not apply to 'bodily part of, a !and vehicle that would injury" or `property damage" included within qualify under the def niflon of the "products-completed operations haz- 'mobile equipment" if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hicle insurance law in the state der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged; or (b) the operation of any of the maohin- No coverage will be provided if, in the absence of this cry or equipment listed in Paragraph endorsement, no liability would be imposed by law on f.(2) or f.(3) of the definition of you. Coverage shall be limited to the extent of your `mobile equipment". negligence or fault according to the applicable princi- ples of comparative fault. (5) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED TENANTS' PROPERTY DAMAGE LIABILITY AIRCRAFT LIABILITY Exclusiori g. of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following: A, in the Declara.ions, Fxclusion J. of Coverage A, Section I is replaced by the following, g- "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or j, Damage To Property entrustment to others of any aircraft, "auto" ,Property damage" to: or watercraft owned or operated by or rented or loaned to any Insured. Use includes oper- (1} Property you own, rent, or occupy, including any costs or expenses incurred by you, or ation and `loading or unloading", Page 2 a 4 . ....a�7xnur�o FRord re gowns usanar.... any other person, organization or entity, for WHO IS AN ENSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section tl): person or damage to Smother property; I (2) Premises you sell, give away or abandon, if Paragraph(1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or abode. of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B — SAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B is replaced by the fotlowing: you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required are performing operations, if the "property, because of accidents or traffic law violations damage° arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) that particular part of any property that must We de not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — Patagraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to property damage" (other than d. All reasonable expenses incurred by the in- damage by tire) to premises, including the con- sured at our request to assist us in the in- tents of such premises, rented to you. A separate vestioation or defense of the claim or "suit", limit of insurance applies to Damage To Prem- including actual loss of earnings up to $500 is" Rented To You as described in Section III a day because of time off from work. — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion 11) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph(6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED property damage" included in the "products- ORGANIZATIONS completed operations hazard". Prevision 3.a. of WHO IS AN INSURED (Section If) is Paragraph 6- of LIMITS OF INSURANCE (Section Ill) replaced by the following: is replaced by the following: a. Coverage under this provision is afforded 6. Subject to 5. above, the Damage To Premises only until the and of the policy period. II Rented To You Limit is the most we will pay um EXTENDED "PROPERTY DAMAGE" der Coverage A for damages because of "property damage" to any one premises, while Exclusion a. of COVERAGE A (Section 1) Is replaced rented to you, or in the case of damage by fire, by the faklovafog while rented to you or temporarily occupied by you with permission of the owner. a. 'Bodily injury" or "properly damage" expected or intended from the standpoint of the insured. The Damage To Premises Rented I-o You limit is the This exclusion does not apply to `bodily injury" higher of the Each Occurrence Limit shown in the or "property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or proper)/- as Damage To Premises Rented To You Limit. I CG 76 3S 02 07 P209 3 of 4 EP ^'REPAINTED FROM T FORMS Lt9RARY^ EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) Is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. 'Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to $10,000, disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. The following is added to Paragraph 2. Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8, Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by tion IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organizationfor whom you The following is added to Paragraph 6. Represenfa- are required by written contract, agreement or permit ,ions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section I), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE at a single `location": The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion III) apply separately to each of your "locations" owned by or rented to you. 10, If a revision to this Coverage Part, which would provide more coverage with no additional pre- `Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 i EINEE LIA Administrators & Insurance Services APPRAISAL AND VALUATION A S P E N' PROFESSIONAL LIABILITY INSURANCE POLICY DECLARATIONS ASPEN AMERICAN INSURANCE COMPANY (A stock insurance company herein called the"Company") 175 Capitol Blvd. Suite 100 Rocky IIill, CT 06067 Date Issued Policy Number Previous Policy Number 11/14/2016 AAf004449-02 AA1004449-01 THIS IS A CLAIMS MADE AND REPORTED POLICY. COVERAGE IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND THEN REPORT- ED TO THE COMPANY IN WRITING NO LATER THAN SIXTY (60)DAYS AFTER EXPIRATION OR TERMINATION OF THIS POLICY, OR DURING THE EXTENDED REPORTING PERIOD,IF APPLICABLE, FOR A WRONGFUL ACT COMMITTED ON OR AFTER THE RETROACTIVE DATE AND BEFORE THE END OF THE POLICY PERIOD. PLEASE READ THE POLICY CARER JLLY. Item 1. Customer ID: 168390 Named Insured: S H& H VALUATION,LLC S H& H Valuation and Consulting 6419 Lakewood Drive West Tacoma, WA 98467 2. Policy Period: From: 12/10/2016 To: 12/10/2017 I�! 12:01 A.M. Standard Time at the address stated in 1 above. 3. Deductible: $2,500 Each Claim 4. Retroactive Date: 12/10/2015 5. Inception Date: 12/10/2015 6. Limits of Liability: A. $1,000,000 Each Claim B. $2,000,000 Aggregate 7. Mail all notices, including notice of Claim, to: LIA Administrators&Insurance Services 1600 Anacapa Street Santa Barbara, California 93101 (800) 334-0652; Fax: (805) 962-0652 8. Annual Premium: $6,984.00 9. Forms attached at issue: LIA002(12/14) LIA WA(11/14) LIA012 (12114) LIA013 (10/14) LIA018 (10/14) LIA02SA(II/14) LIA122 (10/14) This Declarations Page, together with the completed and signed Policy Application including all attachments and exhibits thereto,and the Policy shall constitute the contract between the Named Insured and th otn auy. 11/14/2016 syV v �� — Date Authorized Sig attue LIA-001 (12/14) Aspen American III9aranUe Company