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HomeMy WebLinkAboutPW17-013 - Original - SH&H Valuation LLC - 132nd Ave SE Sidewalk Improvements - 01/05/2017 �-r ® R le c o r d s M anrfe t4 KENT Document WASHINOTON ak 5 ',"aa 41 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: ID Edwards Number Contract Number: PW)-1 -o !a This is assigned by City Clerk's Office Project Name: 132nd Ave. SE Sidewalk Improvements Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Drew Holcomb Department: Engineering Contract Amount: $29,650.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare appraisal resports for 13 parcels for the project_ As of: 08/27/14 KEN i PROFESSIONAL SERVICES AGREEMENT between the City of Kent and SH&H Valuation, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and SH&H Valuation, LLC organized under the laws of the State of Washington, located and doing business at 6419 Lakewood Dr, W., Tacoma, WA 98467, Phone: (253) 564-3230, Contact: Chad Johnson (hereinafter the "Contractor"), I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: The Contractor shall prepare appraisal reports for 13 parcels for the 132"d Ave. SE Sidewalk Improvements Project. For a description, see the Contractor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the work by December 31, 2017. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Twenty Nine Thousand, Six Hundred Fifty Dollars ($29,650.00) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The 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. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal Income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently j established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PROFESSIONAL SERVICES AGREEMENT - 1 (Over$20,000) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. 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 work. X. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. i B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. PROFESSIONAL SERVICES AGREEMENT - 2 (Over$20,000) C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment, Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PROFESSIONAL SERVICES AGREEMENT - 3 (Over$20,000) J. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: 6y: , - By; fig (,srga?ture) ';(signature) Print Name: C'Al "0 Print Name,- Suzette Cooke Its: Its Mavor (title) / DATE: ° . % ' ?+ DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Chad Johnson Timothy J. LaPorte, P.E. SH&H Valuation, LLC City of Kent 6419 Lakewood Dr. W. 220 Fourth Avenue South Tacoma, WA 98467 Kent, WA 98032 (253) 564-3230 (telephone) (253) 856-5500 (telephone) (253) 564-3143 (facsimile) (253) 856-6500 (facsimile) i APPROVED AS TO FQRrA: s Kent Law Department I PROFESSIONAL SERVICES AGREEMENT - 4 (Over$20,000) I DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of "' 20 >> By: , For; Title: ,^ ,r G Date: ; J '€ EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY j NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. I I EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1,2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 • By: For: i Title: Date: I EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A "god SH & H . = VALUATION AND CONSULTING I December 19, 2016 Dee Martindale Project Analyst Design Engineering—Public Works Department City of I{ent 400 West Gowe Street Kent,WA 98032 Re: Appraisal Scope and Bid Summary 132"d Avenue SE Sidewalk Improvements (Project No, 16-3008) Vent,WA Dear Ms. Martindale: Pursuant to your request, I am providing you with this scope and bid summary relevant to the preparation of appraisal reports for various properties located along 132"d Avenue SE in Kent, Washington. The City of Kent is proposing to acquire right-of-way for the construction of a continuous pedestrian facility along the corridor. The appraisal reports will be presented in either a narrative appraisal format or an abbreviated strip appraisal format, depending on the complexity of the analysis relevant to the proposed acquisition. Based on documentation provided, as well as additional discussion with you, it appears that five of the parcels to be impacted may involve proximity issues or additional potential damages due to the proposed acquisition (namely relevant to the Zion Lutheran, Saechao, Henry, Borrero and Aaberg properties). These issues are taken into account in the preparation of this bid proposal. As summarized in the exhibit on the following page, the total fee for the appraisals is $29,650. This total fee includes property inspections, consultation with City personnel or other experts hired by the City during the appraisal process and finalizing the reports. Our firm can provide the completed appraisal reports within 60 days of receipt of all documentation required to complete the appraisal process (right-of-way plans, property contact information, etc.). 6419 Lakewood Drive West I Tacoma, Washington 98467 1 p. 253.564.3230 1 f. 253.564.3143 Based on your request for a breakdown of individual appraisal report fees, the total project bid is summarized as follows: File Number Parcel Name Fee PW2016-001 212205-9049 Zion Lutheran Church of Kent Washington $3,000 PW2016-002 212205-9077 Taylor S.Valdez $1,800 PW2016-003 212205-9127 Mutant Custom Homes LLC $1,800 PW2016-004 212205-9026 Lo Sinh Saechao and Chong Orn Saetern $3,000 PW2016-005 212205-9078 Ronald M.Henry $3,000 PW2016-006 212205-9079 Shelly Borrero $3,250 PW2016.007 212205-9135 So Construction Consulting,Inc. $1,800 PW2016-008 212205-9041 Jungsoon P.Watson - $1,800 PW2016-009 212205-9279 J erry A.Ruth ruff,Trustee $1,800 PW2016-010 212205-9004 Imeeh Ballan Magsanoc $1,800 PW2016-011 212205-9306 Denise L.Krantz $1,800 PW2016-012 212205-9039 Glen W.Aaberg and Vicki A,Aaberg $3,000 PW2016-013 212205-9166 Angelo Ordinarlo Nonan and Regina Rios Nonan $1,800 Total $29,650 I trust that this scope and bid summary meets your requirements. If you concur with the proposal, please provide a contract for the project so we can commence the assignment upon receipt of the required information. Sincerely, Chad C. Johnson,MAI i P= EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance i Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-complete operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. j 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. SHHVA-1 OP ID: DIG DATE(MM)DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/06/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ( . -.TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES )W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED K_4ESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. If S - IMPORTANT: If the certificate holder is'an ADDITIONAL INSURED,the policy(ies) must be endorsed- UBROGATION 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 Ileu of such endorsement(s). CONTACT Deborah Garner, CRIS PRODUCER - ' ' NAME: Taylor-TJtomason Ins.Brokers PHONEAfC No 253-284-7928 f'No: 5-MAIL253-284.7901" . 3401 South 19th Street Ex1:Di1N-URER bt ttib.net P.O.BOX 7187 - Tacoma,WA 96417 INSURERS AFFORDING COVERAGE - NAIC# Tom Taylor,Jr.CPCU,ARM,AAI OhIo Casual Insurance Co INSURED SH&H Valuations LLC 6419 Lakewood Dr West : Tacoma,WA 98467 : - : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY P IDiICL AIMS LIMITS ILTR ADD SUB POLICY NUMBER MMIOD(YYYY MMIDDIYYYY OF INSURANCE INSD =0 TYPE 2,000,000 EACH OCCURRENCE $ A COMMERCIAL GENERAL LIABILITY 01/01/2017 01/01/2018 DAMAG ORE T 2,000,000 BZ357021782 PREMISES(E u rence) $ CLAIMS-MADELfl OCCUR X 15,000 X Business Owners ME (Anyone Person) $ PERR SON014 AL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 4,100,101 X POLICY.❑JECOT D. $ OTHER: COMBINED SINGLE LIMIT $ 1,000,00C I\. Ea ccident ,TOMOBILE LIABILITY A ANY AUTO X BZS57021782 01/01/2017 01/01/2018 BODILY INJNJURY(Per Person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOOWNEO PROPERTYDAMAGE $ —_ Per accident X HIRED AUTOS X AUTOS $ EACH OCCURRENCE $ UMBRELLA LIAR OCCUR AGGREGATE $ EXCESS LIAB CLAIMS-MADE DED RETENTIONS PER GTH WORKERS COMPENSATION [STATUTE ER AND EMPLOYERS`LIABILITY BZS57021782 01/01/2017 01/01/2018 E.L.EACH ACCIDENT $ 2,000,000 A ANY PROPRIETORIPARTNERIEXECUTIVE Y� NIA F-.L.DISEASE-E4 EAIPLOVEE 3 2,000,000 !i OFFICERIMEMBER EXCWDED7 WA STOP GAP 2,000,000 (Mandabmy In NH) E.L.DISEASE-POLICY LIMIT $ if es,describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is requiree) The City of Kent is named as additional insured with respects to operations of the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD EXPIRATION ABOVE DATE THEREOF, NOTICE I WILL ES BE CBE CDELVERED BEFOREELLED THE IN ACCORDANCE WITH THE POLICY PROVISIONS. I " City of Kent Public Works Engineering AUTHORIZED REPRESENTATIVE 220 4th Ave So Kent,WA 98032 a " ©1988.2014 ACORD CORPORATION. All rights reserved. -ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD -^'REPRINTED FROM l EFOR148 u8RARY COMMERCIAL GENERAL LIABILITY GG 76 35 02 07 Policy #BZS57021782 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, LIABILP PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organtzatfon: city of Kent j as required leywriften.e.onfract, i ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to any "occurrence" which takes place The following paragraph is added to WHO IS AN after you osaea to be a tenant In INSURED (Section II): 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- ic 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 Ili insured; the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the "bodily injury", "property mired, 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 organlzatton 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 00 76 M 02 07 Page I of 4 EP t —REPRINTED FROM THE FORMS LIBRARY.... (b) This insurance does not apply 10 This exclusion applies even if the claims bodily injury" or "property dam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring, Bence 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 own or rent; out of operations performed for the state (2) A watercraft you do not own that is: or municipality. c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge; `bodily injury", "property damage", or "per- (3) Parking an "auto" on, or on the ways serial and advertising injury" arising out of next to, premises you own or rent, pro- the rendering of or the failure to render any vided the "auto" is not owned by or professional services by or for you, includ- rented or loaned to you or the Insured; ing: (4) Liability assumed under any "insured (1) The preparing, approving, or failing to contract" for the ownership, malnte- prepare or approve maps, drawings, nance or use of aircraft or watercraft; or opinions, reports, surveys, change or- -Bodily injury" or "property damage" ders, designs or specifications; and (5) arising out of, 1, (2) Supervisory, Inspection or engineering (a) the operation of machinery or services. . equipment that is attached to, or d. This Insurance does not apply to 'bodily part of, a land vehicle that would injury" or `property damage" Included within qualify under the definition of the `products-completed operations haz- °mobile equipment" if it were not ard" subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hicie insurance law in the state der this endorsement ends when your operations for where It is licensed or principally garaged;or That insured are completed. (b) the operation of any of the Machin- 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- (6) An aircraft you do not own provided it is pies of comparative fault, not operated by any insured, NON-OWNED WATERCRAFT AND NON-OWNED TENANTS' PROPERTY DAMAGE LIABILITY AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section 1) Is replaced When a Damage To Premises Rented To You Limit is shown in the Declarations, Exclusion J. of Coverage by the following: A, Section I is replaced by the following: g. "Bodily Injury" or "property damage" arising Damage To Property out of the ownership, maintenance, use or j• entrustment to others of any aircraft, "auto" "Property damage" to: or watercraft owned or operated by or rented 1 P you own, rent, or occupy, including or loaned to any.insured. Use includes oper- ( ) ro pe any costs or expenses Incurred by you, or ation and "loading or unloading" Page 2 of 4 •"'REPRINTED FROM ME FORMS LIBRARY any other person, organization or anifty, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restere- tlon 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 11); person or damage to anther's property; (2) Premises you sell, give away or abandon, if Paragraph(1) does not apply to exebutive officers, or the -property damage" arises out of any pat to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS -- COVERAGES A (3) Property loaned to you; AND e — BAIL 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 following: you or any contractors or subcontractors b. Up to$3,000 for cost of ball bonds required working directly or Indirectly on your behalf because of accidents or traffic law violations are performing operations, if the "properly arising out of the use of any vehicle to which damage" arises out of those operations, or the Bodily Injury Liability Coverage applies. j (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on lt. paragraph 1A, of SUPPLEMENTARY PAYMENTS - Paragraphs (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 fire) to promises, Including the con- sured at our request to assist us In the in- tents of such premises,rented to you,A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prom- including actual loss of earnings up to $500 ises 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". Provislon 3.a. of WHO 10 AN INSURED (Section II) Is Paragraph 6.of LIMITS OF INSURANCE (Section III) replaced by the following: is replaced by the following; a. Coverage under this provision is afforded 6. Subject to 5, above, the Damago To Premises only until the end of the policy period. Rented To You Limit Is the most we will pay un- EXTENDED "PROPERTY DAMAGE" der Coverage A for damages because of -property damage" to any one premises, while Exclusion a: of COVERAGE A (Section Q Is replaced rented to you, or In the case of damage by fire, b the following; while rented to you or temporarily occupied by y you with permission of the owner. a. 'Bodily injury" or "property damage" expected or Intended from the standpoint of the Insured. The Damage To Premises Rented To 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 property. as Damage To Premises Rented To You Limit. , CG 76 35 02 07 Page 3 of 4 EP ""REPRINTED FROM THE FORMS LIBRARY"-' 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. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 2. Duties In The 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 organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions 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 fisting 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 1), 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 t Paragraphs 2.a, and 2.b. of Limits of Insurance(Sec- ` COMMERCIAL GENERAL LIABILITY CONDITIONS Section IV): tlon 111) 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. PRge 4 of 4 � I LIA Administrators & insurance Services APPRAISAL AND VALUATION ASPEN' PROFESSIONAL LIABILITY INSURANCE POLICY DECLARATIONS ASPEN AMERICAN INSURANCE COMPANY (A stock insurance company herein called the "Company") 175 Capitol Blvd.Suite 100 Rocky Hill,CT 06067 Date Issued Policy Number Previous Policy Number 11/14/2016 AAI004449-02 AM004449.01 THIS IS A CLAIMS MADE AND REPORTED POLICY, COVERAGE IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST TUB 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 TIE RETROACTIVE DATE AND BEFORE TIIE END OF THE POLICY PERIOD.PLEASE READ THE POLICY CAREFULLY. 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 12:01 A.M.Slandard 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 Claitn B. $2,000,000 Aggregate 7.Mail all notices,including notice of Claim,to: LIA Administrators&Insurance Services 1600 Anaeapa Street Santa Barbara,California 93101 (800)334-0652; Fax: (805)962-0652 8.Annual Premium: Q6,984.00 9. Forms attached at issue: LIA002(12/14) LIA WA(II/14) LIA012(12/14) LIA013 (10/14) LIA018 (10/14) LIA02SA(11/14) LIA122(10/14) This Declarations Page,together with the canpleted and signed Policy Application including all attachments and exhibits thereto,and the Policy shall constitute the contract between the Named Insured and th O]n any. 11/14/2016 Date Authorized Sig aturo LIA-001 (12/14) Aspen American hnsurance Company REQUEST FOR MAYOR'S SIGNATURE Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMF�Xt) Ap� yBdAy Director_ Originator: Drew HOICOI' b Phone (Originator): 55fi� Date Sent: ; rr Date Required; t g, Return Signed Document to: Contract Termination Date: Nancy Yoshitake 12J31f17 VENDOR NAME: Date Finance Notified: SHc4 H Valuation, LLC (only required:on contracts 12/2 3/1 6 20 000 and over.or on as ..Grant DATE OF COUNCIL APPROVAL: �/ Date Risk Manager'Notified:N/A (Required on Non-City Standard Contracts A reements Has this Document been Specificall Account Number: R20072 Authorized in the Budget? o YES NO Brief Explanation of Document: The attached agreement is for'SH&H Valuation;to prepare appraisal reports for 13 parcels for the 132nd Ave. SE Sidewalk Improvements Project. M C All Contracts Must Be Routed Through The Law Department r (This area to be completed by the Law Department) Received: i Approval f #�adept "`%,4 f f`i s�� AUK Law De ��t AntW-04 Ll` `« 9 Date Forwarded to<Mayor: Shaded Areas To Be Completed By Administration Staff Received;,— Recommendations and Ccfmments t t+ Date Returned: 9M1II5�oWmYn�?,n[ess n9� e99 rt o oym q}uNR a CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. 1, the undersigned, a duly represented agent of r2LI&H Valuation, LLC Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as 122 nd A-ve.. SE Sidewalk Ifflorgvernents that was entered into, on, the 2pnuary 5 2017 (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement, For: LLC Title: f� PZ Date: C) EEO COMPLIANCE DOCUMENTS - 1