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HomeMy WebLinkAboutPW17-154 - Original - SH&H Valuation, LLC - 228th St UPRR Grade Separation - Contract- 03/29/2017 r /k Kecords Ma A, r1 KENT 'i/i %f WA5FM1lY 9hQ N ry�/���/ Document ' Aocu1 1 ent 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 Vendor Number: .ID Edwards Number Contract Number. This is assigned by City Clerk's office Project Name: 228th St. UPRR Grade Separation - Updated Appraisal Description: El Interlocal Agreement ❑ Change Order ❑ Amendment 0 Contract ❑ Other; Contract Effective Date: 3 29 17 Termination Date: 9/30/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Public 'Works Contract Amount: $3,259.00 -�. Approval Authority: (CIRCLE ONE Department director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Contractor shall prepare an updated appraisal on the DWVE property for the 228t" St. UPRI Grade Separation project. As of; 08/27/14 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director 400 West Gowe Kent, WA 98032 KEN T Fax: 253-856-6500 WASHINGTON Phone: 253-856-5500 LETTER OF TRANSMITTAL DATE: March 30, 2017 TO: Chad Johnson SH&H Valuation 6419 Lakewood Dr. W. Tacoma, WA 98467 RE: Updated Appraisal - DWF Property Copies Description 1 original Professional Services Agreement Enclosed is your executed Professional Services Agreement for the above referenced project. Please note that invoices should be emailed to accountspayable(0)kentwa.gov. If you should have any questions, please contact me at (253) 856-5653. Copies to: Andrew Dacuag Mark Madfai Public Works Operations 220 4t" Ave. S. Kent, Washington 98032 Phone: 253-856-5653 Fax: 253-856-6600 Email: ADacuag@KentWa.gov • KENT 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 an updated appraisal on the DWF property for the 2281" St. UPRR Grade Separation 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 September 30, 2017. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Three Thousand, Two Hundred Fifty Dollars ($3,250.00) 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 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 ($20,000 or Less) 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. 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 ($20,000 or Less) 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; orovided, 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 ($20,000 or Less) 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, By- By: nae"re) (signature) Print Name: C c SO Print Name: Carla Maloney, P. Its: Its Design Engineering Manager (title) DATE: -� .5 --" F-1 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 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) PROFESSIONAL SERVICES AGREEMENT - 4 ($20,000 or Less) 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. 1 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 20/1 By: For: Title: Date: S EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 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: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Martindale, Delores From: Chad Johnson <ChadJ@shhapp.com> Sent: Wednesday, March 15, 2017 10:33 AM To: Martindale, Delores Subject: RE: Hi Dee, I just looked at the 2nd amendment o e contract from December 29th. The total contract amount indicated is $42,250. All billings received during 2016� early 2017 total$40,175, indicating that there was$2,075 left. Based on the project changing throughout the prpeess,so appraisals were added and one or two were taken away. Given that it's been a year since the last appraisal of Denver Floral,and the fact that Kent is a very active market,we will e needing to update all of our market data (sales, rents, land sales), which will take some time. We did the original report for$4,500. We can provide you with a new appraisal with a contemporary date of value for$3,250. Not sure if that messes you up on your end but there is quite a bit of work involved given the changing marks aii ie passage of time since the prior appraisal. Please let me know if that works. Thanks. Chad Chad Johnson, MAI I Partner Real Estate Appraiser&Consultant t. 253.564.3230 x103 I f.253.564.3143 SH&H Valuation and Consulting 6419 Lakewood Drive West Tacoma, WA 98467 chadi@shhapp.com www.shhapp.com -----Original Message----- From: Martindale, Delores [mailto:DMartindale@kentwa.govJ Sent:Wednesday, March 15, 2017 10:07 AM To: Chad Johnson Subject: RE: Hi Chad r I am thinking regarding Denver Floral that we ma�,have-'money still available on previous contract/amendment. Are you able to verify that for me? Thank you t 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 it 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 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. 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 ANII. 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:MM ACOR>D" 7OT3/2412017 E(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE MIDDN 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 NAMEACT Deborah Garner,CRIS Taylor-Thomason Ins. Brokers PHONE 253-284-7928 FAAIc No):253-284-7901 3401 South 19th Street INC.P.O. Box 7187 EMAIL DebG@ttib.net Tacoma,WA 98417 ADDRESS: Tom Taylor,Jr.CPCU,ARM,AAI INSURERS AFFORDING COVERAGE NAIC# INSURERA:Ohio Casualty Insurance Co INSURED SH&H Valuations LLC INSURER B: 6419 Lakewood Dr West Tacoma,WA 98467 INSURERC: INSURER D: INSURER E: INSURER F: 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 PAID CLAIMS. ILTR TYPEDFINSURANCE ADDLSUBR POLICY NUMBER POLICY MMIDDIY Y EXP OMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 DAMAGE To RENTED CLAIMS-MADE FK OCCUR X BZS67021782 01/0112017 0110112018 PREMISES Ea occurrence $ 2,000,00 X Business Owners MED EXP(Anyone person) $ 15,000 PERSONAL&ADV INJURY $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,00 X POLICY JERCOT El LOC PRODUCTS-COMPIOPAGG $ 4,000,00 OTHER: $ BINED SINGLE LIMIT AUTOMOBILE LIABILITY COMEaa cident $ 1,000,00 c A ANY AUTO X BZS57021782 01101/2017 01/0112018 BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NO OWNED PROPERTY DAMAGE $ X HIREDAUTOS L AUTOS Peraccid%I $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DELI I I RETENTION$ $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY STATUTE X ER H A ANY PROPRIETORIPARTNERIEXECUTIVE Y!❑N NIA BZS57021782 01101/2017 01/0112018 E.L.EACH ACCIDENT $ 2,000,00 OFFICER/M(Mandatory In H)EXCLUDED? WA STOP GAP E.L.DISEASE.EA EMPLOYE $ 2,000,00 (Mandatory to NH) It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The City of Kent is named as additional insured with respects to operations of the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Engineering AUTHORIZED REPRESENTATIVE 220 4th Ave So Kent,WA 98032 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 1 REPRNiEDFROM iNE FORIAS LJBWY-"' COMMERCIAL GENERAL LIABILITY GG 78 35 02 07 I policy #I;BZ557021782 THIS ENDORSEMENT CHANCES THE POLICY, PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART j SCHEDULE Name of Person or Organization, city of Kent i j I as required by tnrrifietl.confraci. ADDITiONAE. INSURED -- BY WRITTEN lease or occupy, subject to the following GONTRACT, 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 oease to be a tenant in INSURED (Section II): any premises leased to or rented to 4. Any person or organization shown In the Sohed- 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 struct€on or demolition operations j 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 i after the equipment lease expires; j i Includes Copyrighted Material of Insurance Services Offlce, Inc.,with Its permission. Copyright, Insurance Services, 2001 i ce 76 35 02 07' Pap i of 4 EP i i 'REPRINTEDFROM-rHE FORMS LIBRARY*"' i (b) This insurance does not apply to 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, gence of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which or g 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 sonal and advertising Injury" arising out of next to, premises you own or rent, pro- vided the rendering of or the failure to render any 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, mainte- prepare or approve maps, drawings, nance or use of aircraft or watercraft; or opinions, reports, surveys, change or- 5 "Bodily Injury" or "property damage" dens,designs or specifications; and ( � arising out of'.t (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 i 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- hide insurance law in the state where It is licensed or principally der this endorsement ends when your operations for that insured are completed. garaged;or (b) the operation of any of the machin- No coverage will be provided if, In the absence of this ery or equipment listed in Paragraph endorsement, no liability would be imposed by law on Q2) 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 I) is replaced When a Damage To Premises Rented To You Limit is shown In the Declarations, Exclusion I. 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) Property you own, rent, or occupy, including or loaned to any.insured. Use includes oper- any costs or expenses incurred by you, or ation and "loading or unloading". Page 2 of 4 i REPRINTED FROM THE FORMS LIBRARY"" any other person, organization or entity, for WHO IS AN INSURED — MANAGERS ; repair, replacement, enhancement, restora- tlon or maintenance of such property for any The fallowing is added to Paragraph 2.aI, of WHO IS reason, including prevention of Injury to a All INSURED (Section 11): person or damage to anther's property; (2) Premises you sail, give away or abandon,If Paragraph(1)does not apply to MbUtive afflcersr or i the 'property damage"arises out of any part to managers at the supervisory level or above. i of those premises; SUPPLEMENTARY PAYMENTS —COVERAGES A i (3) Property loaned to you; AND a — BAIL BONDS — TIME OFF FROM j (4) Personal property in the care, custody or WORK I control of the Insured; Paragraph 1.b.of SUPPLEMENTARY PAYMENTS (v) 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 bail bonds required working directly or indirectly on your behalf because of accidents or trafflc law violations l are performing operations, If the "property arising out of the use of any vehicle to which damage,* arises out of those operations,or the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because s your work"was Incorrectly performed on it. 'Paragraph 1.d.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 premises, Including the con- sured at our request to assist us In the In- tents of such premises,rented to you.A separate vesilgation or defense of the elalm 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.(9)(d)of WHO IS AN INSURED (Section Paragraphs(3),p), (5) and (6) of this exclusion II) 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". Provision 3.a. of WHO IS AN iNSURED (Section 11)is Paragraph 6.of LIMITS OF INSURANCE (Section 111) replaced by the following: is replaced by the following: a. Coverage under this provision Is afforded only until the end of the policy period. 6. Subject to 5. above, the Damage To Premises Rented To You Limit Is the most we w111 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 1) Is replaced rented to you, or In the case of damage by fire, by the following: while rented to you or temporarily occupied by you with permission of the owner. a. "Bodily injury" or "property damage" expected or Intended from the standpoint of the insured. I 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 Declaratlons or the amount shown In the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. , t C6 76 35 02 07 Page 3 of 4 EP i «•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. The following is added to Paragraph 2. Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of i 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 UNiNTENT€ONAL 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): I AGGREGATE LIMITS OF INSURANCE -- PER 1f you unintentionally fail to disclose any hazards ex-, LOCATION I,sting 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 obll- 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 to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance(Seri GENERAL LIABILITY CONDITIONS (Section IV): tion 111) apply separately to each of your 'locations" 10. owned by or rented to you. 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. I I I Page 4 of 4 i L1A Administrators 8a insurance Services APPRAISAL AND VALUATION A.S.F 4 N 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 J Date Issued Policy Number Previous Policy Number 11/14/2016 AAI004449-02 AAI004449-01 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 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.Standard Time at the address stated in 1 above. 3.Deductible: $2,500 Each Claim 4.Retroactive Date: 12J10/2015 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: LTA Administrators&Insurance Services 1600 Anacapa Street Santa Barbara,California 93101 (800)334-0652; Fax: (805)962-0652 8.Annual Premium: 06,984.00 i 9. Forms attached at issue: LIA002(12114) LTA.WA(11114) LIA012(12/14) LIA013(10/14) I LIA018(10114) LIA025A(11114) LIA122(10114) This Declarations Page,together with the completed and signed Policy Application including all attachments and exhibits thereto,and the Polley shall constitute the contract between the Named Insured and th n auy. 11/14/2016 gy t Date Authorized Si afore LIA 001(12114) Aspen American Insurance Company t I CITY OF KEPT 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 went of SH&H Valuation, LLg Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as .22j1h UPRR Grade gigl2arptign, that was entered into on the h . (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1,2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: q For: t`� „�}, LLB Title: OA r -.' ,a. l Date:. EEG COMPLIANCE DOCUMENTS - 1