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HomeMy WebLinkAboutPK17-524 - Original - The Eastman Company - Contract - 12/6/17 Records M d/0111/ ��llllll1'11Y ief,11 . E; T WP9HINGTON � �� Document ��I1IIIlJl�l�� lll ""'II �II,, i 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: The Eastman Company Vendor Number: JD Edwards Number Contract Number: F 1C q J 52`I This is assigned by City Clerk's Office Project Name: Morrill Meadows-East Hill Park Phased Appraisal/YMCA Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 12/6/17 Termination Date: 2/28/18 Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: _Lynn Osborn/HG Department: Parks Plannina & Dev. Contract Amount: $7,500.00 Approval Authority: ® Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Two-phase, RCO-and USPAP-compliant appraisal of multiple parcels within Morrill ._. . ..... .. . Meadows-East Hill Park, including "flag" shaped parcel. ................. ................ . ..... .... .....,.. _ .... Division Contract #PPD17-39 adccW 10877.8_.14 CONSULTANT SERVICES AGREEMENT between the City of Kent and The Eastman Company THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Eastman Company organized under the laws of the State of Washington, located and doing business at 6206 35th Ave. NE, Seattle, WA 98115 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in attached Exhibit A, consultant will provide a "complete/enhanced" format, USPAP- and Washington State RCO-compliant appraisal of multiple property parcels within Morrill Meadows-East Hill Park. Work will be conducted in two phases. Consultant 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. Consultant shall complete the work described in Section I by February 28, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $7,500.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 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: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant 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 Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D, The Consultant 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. E, The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant 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 thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant 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. Consultant 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 Consultant'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 Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant 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 Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal casts and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant 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. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant 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. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant 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. XIII. 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. C. Resolution of Disgutes and Governing Lave. 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 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 Consultant. 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. All of the above documents are hereby made a part of this Agreement. However, 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. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant 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 Consultant 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 Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Ike uired. 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. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax for 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. ___.. CONSULTANT- CITY OF KENT: .,L„�1.'� ��+-i')�"�1J.+4it Gi... . ' �G�r V'le' .'tr•"' ' ,. By: ��a C By: signature) Print Name: �"b"J'c " Print Name: ope Gibson Its: v :` Its: Parks Planning & Development tale) Manager DATE: i �.�i � •� i. ;-. DATE: I Z' Ib 7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Don Melton Hope Gibson The Eastman Company City of Kent 6206 35th Ave. NE 220 Fourth Avenue South Seattle, WA 98115 Kent, WA 98032 206-856-9241 (telephone) (253) 856-5112 (telephone) don@wavalue.com hgibson@kentwa.gov P',\Planning\Morrill Meadows\MM-EH Parks Renovation 2016-17\Eastman Co CD'sLMrl Phaed Apra l-Ea4mamCONTRACi CONSULTANT SERVICES AGREEMENT - 5 ($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. By: For: Title: Date: 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. For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBITA The Eastman Comoanv Real Estate Appraisers/Analysts/Consultants Phone (206) 856-9241 6206— 35"'Avenue NE don@wavalue.com Seattle, WA 98115 November 9, 2017 Ms. Hope Gibson, RLA, Manager Park Planning& Development Parks, Recreation, &Community Services City of Kent 220 Fourth Avenue South Kent, WA 98032 Re: Appraisal Bid—Morrill Meadows/ East Hill Park & YMCA Project Kent, Washington Dear Ms. Gibson: Thank you for the opportunity to bid on the above-referenced assignment. We are interested in providing appraisal services for the above referenced project. It is our understanding that you require both a USPAP and Washington State RCO compliant appraisal report which utilizes the "complete/enhanced" report format. Based on our earlier phone conversation it appears that there are three separate valuation problems. The first appraisal problem is to estimate the market value of the "flag" shaped parcel and the second problem is to estimate the market value of just the westerly 28 linear feet of the "flag" shaped parcel. These two valuation problems will be referred to as Phase I of the assignment. Phase 2 of this assignment is to estimate the market value of the larger irregular shaped parcel, as defined on the map you provide to me, which also contains both of the parcels described in Phase 1 of the assignment. Our appraisal fees for a "complete/enhanced" format, USPAP and RCO compliant, appraisal report for Phase I of this assignment is Six Thousand Dollars ($6,000). Our appraisal fees for a "complete/enhanced" format, USPAP and RCO compliant, appraisal report for Phase 2 of this assignment is an additional One Thousand Five Hundred Dollars ($1,500). The total fee, for both phases of this assignment, is estimated at Seven Thousand Five Hundred Dollars($7,500). The specific completion dale depends on when the assignment is actually awarded, and when all necessary information (title report, maps and plans) is provided to us. Assuming this information is provided on a timely basis we can have Phase I of the assignment completed within 30-45 days of receiving notification to proceed. Phase 2 of the assignment will require an addition 10 days to complete. Thank you for the opportunity to bid on this assignment. Please contact me if you have any questions about this proposal. Sincerely, Donald K. Melton The Eastman Company EXHIBIT' B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liabil-ity 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. 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 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 51,000,000 each occurrence, $2,000,000general '._DAT!IMwaorvyrYl A CC)IRL)a CERTIFICATE OF LIABILITY INSURANCE sil5p2017 ._ .. .. .MA,m_ THIS CERTIFICATE IS 193UED ABA TTE.R 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, .�,..m.m.-,�_. IMPORTANT^ if life Osrllflaala holder is an ADD1"PIONAL INSURED,Ifra politp(las)must t9e�endorsed. Id SUBROGATION is WAIVED„ewbJe�ct 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 endo4aamaN.f -.,m.....e_...._.._� ,...... ...m_.-.. ......-... ,. PROOUClR .R Npay. Sheri 7ar1 ,CfvAi C Don Filer Agency Ia,tli0; (206)545-4600 ....V IFVC,Nv11266N46 aea9 4201 Roosevelt Way N2 AB RASA alofquiot8filarinourence.00m INayRSNIB1 APrOftDINO CaYaAADE - HAICA Seattle ..._. WA 98105-6608. - INLYR#"L Tra�velore Cos Ins wP Aesorioa 19046 INSURED C2ME LLC ORA! The, Eastman Company 6206 35th Ave NL ±F�' Seattle FIA 98115OOVERAGE9 CERTIFICATE NUMBER.NASTXR 17 �—TOT7R—INSUREC REISIONNUMER _TMI9 IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA ISS NAMED ABOVE FOR TXE POLICY PERI00 THIS NOTNATHSTANDING 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 SHOPM MAY RAVE BEEN REDUCED BY PAID CLAIMS .p..:..,.,... ..,.,.TYPE or WeusAhice _.-.AM"I'll, USS aril ,Y V.....0OU N I16. ... ._... uMIAa. . ... utyal. X COMMBRCIAL GOHRML LIANILIW EACH 000(jNA(aNI 1 2 000,000 IYXdIVIXiG 1 t,414'6 NY'l"6 A CLAIMS MADE �XIOCCUR 4 JGUI'000 eBEMdfEV.74'a aaEaaA1.. . ... 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ACORD 2612014101) The ACORD name and logo am registered marks,of ACORD INS025(2ouot) Policy# $B0-7E7 2 1 900-1 7.42 COMMERCIAL GRUIRALUABILITY THIS ENDORSEMENT CNANOES THE POLICY-PLEASE READ rT CAREFULLY. BLANKET ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS This endaraortwld modifies insuranceprovlded undo the fdlow4np; COMMERCIAL GENERAL LIABILITY 0Ct%WB PARy PROVIBIONftr 4. WHO IB AN INSURE0I CMON If)Is amended in written comrea for this Insurance ro to Include as on Insure any�ypsraon at orgaw". apply on a primary or contributory buts. Ifon(caged hereafter"edd%ftlot Inearod.l whom > ThltImuner st does not apply; you have Sontag In a written oonbact, ozeeutod Our to Was,to nartw as a wivanel lonund„but a. on any basis to any person or orgsntoadan only wlth rsspeci to itabiltly",Ing out of"your lot whom you him purchased an Owners work or your on�olnq gpsrallons tot that addl- and Contractors ProRow"palfay. gonaiseuredpe ed yyouatforyou. b. to 'bodgy IJuny," °proporty dsolsge,' "por- R Wlth respect..to dis insurance afforded to Addl- vanal Injury, or 'adverdaing injury" arming tonal Insureds the fa4losIng conditions applyr out of due rendering of at the fstlua to rancor a. Lfmda of Irmuranos-The following 1lnNe of ing; any professional sordoi s by or for you, In liablity sppfy; elud 1. The dolor which you agreed to provide; 1. Thor pia or a Approving , fabl in f. or prspsro or approve oaf+s, doswing,a. opMWne, nepouls, survey#, a 2. The limb shown an the deoMndons, data,designs or speolftostkatst en whichever Dfees. 7. Bapervtsory. Inspection or enp "01119 It. This Inturanos It eaous over any vsgc and Nis• collectible Inwronas.aetleoo you have agreed CO 010E 04$4 �ht Thor Travolon indemnity C001100y, 1"4, Pepe t of t Includes ydg�ted Mahidsl from luurance ffiobvtoes OEioe"Ina ArtrvXe Riy CERTIFICATE OF LIABILITY INSURANCE1/6/2017 THIS CERTIFICATE IS ISSUED A9 A MATTER DP INFORMATION ONLY AN66CONFER9 NO RIOHT9 UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOER NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESW BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISI, AUTHORIZED REPRESENTATIVE OR PRCOUCER,AND THE CERTIFICATE HOLDER, IMRORTANT: It lies oaetllNs— holder la en AODI4IONAL INSUR'EO ties poG"E TT(d)must""Andacisd. If SUBN,OG'ATION YB WANED,subject to� "I terms and conditions.Wthe policy,certain policies may require on endorsement. A statement on this certificate does not confer rights la the certificate holder In IONA at such aavdorsamoRl a III L.EqUiet C Dan Filer Agency PIP N (205y 5d -ASOtl FAX d201 Ftooeevalt Way NE a,4U. ,. (MC,Ncl,a�osysdd.rdea 'aA,slorquiat@(ilarinsurance,com Suite 200 ....._ _.... Seattle WA 98105 6605 II,u RceNgsk rvrw^IYPruudn ntrB�A,lr NAIde N URED ... _. _... _. V1&U4GWRd ConLdn 'ntAA Casualty Company ..._. G2MZ LLC, DBA: The Eastman Company I1/134Ra e0RAIII C " R<�: .. 2cB Inc DBA: The Eastman Company Na%IR 6206 35th Ave NE IAA"AlRIi pi 9aa tkLa WA 98115 ..... _. COVERAGES IS TOO CLRTO Y THar Tr el'aiC�sTGbv'trys�gNIINIBf:FtMI tar�aleJWH OP SOt N�I55UE�4 r�(a rle lrl„iJftl FLEVISIO1 Brv��RR n�F vpi... •�•.•CERTIINDICFTESICATE NMAY BE 5'FAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH RTIHIS EXCLUSIONS MAY OI ISSUEu LW MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJEC I 10 AI IHc TEIAM5, LnNX coNi eelld" 'I)NPoAAL Luuury PAID CLAIMS CxCLUSIONa AND CONDIT ONS UT SLCH POLICIES LIMI rS SHOWN MAY HAVE BEEN REOJC50 B ] TYPE aP INSURANCE QhAJDAE ^I P Y F PA{,IWyk [ AIWUSYa— U, "i UJf EACH WGURRENCC Iy .••..••.�_,••,_•,••••••••••. ,r,r ry i VAMA CPO NrcINAPB' PROD Ins NSV'wd+AlYtrl X ¢Y,.NI'!,Ai YIPERA{:Y'fN 2.'k{'YI,11',jikf%Ix y .. rl u;rl Tin` Pr CHAln, aul+ 11Yu+ I 14 RA,suMANN rti RX, a- NL PR . pl I N a AG4: e ,_r 16rA s ..Il.�.�...�.�.........."..,�._........... ....eye. ....._......,.....�.»...�®..„� ..m....... AUTOMaeIIa LAaLLlry I M R4PTvMF%Y9Al IT ANY AUTO n`014 INIJIt Iv in,x, 1 1 oA.r hll i4'r � T'µtill JU I. � flJrt1i F If IUI Y(I Pt bbn lu II X H l41FUfl H (pl I ,,, ".._„ .. .. .._.._ .�_...IIrM N5N61M140.IM e •"•••• ••�•••"•••�_• 1, 6l'J o1091.IdHW[Yea:4 urewnuLAe T T 9xa!-0a 11A9 �C, W PAdp^. ' ...„. 4YAI'fd,� �Rf rFNlftrNd IN wNDC NY.Vr4RPaNARF10H a-._....... ..........,._...,»..... _._.. .._.........1..........,..... .. AND aXALOTlaa WYMJry I � T IYdadIIPWIP IIANYROXCIA I'll v11vv INl CA"WALMM.,11aMlb,%fY4:vM1 Ur �'.NA �alC IIA P.IIII PIY a uulw I Ak.. OFCUNK,geil F PT AI I.treys I.a^.,..,.,m...._ I_"rAs A Profea Nlanal LSahilztY re Fl BL49'131/I/tot-I li 42°la dime¢ b,b �qunpY JVCLry OEACIUPTIOH OP OPERATIONII I LOCAIgNe I--IC a A �•, •—�"•,•••.•...�.•••••• `— •.• ••'"'"""•"••...—.,,,•,• •^.._..-... - —.....-.-"......E I COPE 1U1,Addld el Reme,Se enledUN,mee lm Ilr nee anwn pew le ne Ind) SHOULD ANY OF THE ABOVE DEBCRIBEO POLICIES BE CANCELLED BEFORE City Of Kent, Dept, Of THE EXPIRATION DATE TN.EREOF, NOTICE. WILL BE DELIVERED IN Engineering ACCORDANCE WITH:THE.POLICY PROVISIONS. 220 4th Ave S Kant, WA 98 032-3 9 9d ........._.._, „_�. ©1BBB-1014AOOROOORPORA7ION All IN9029 rlphteW.. ��.reserved, IAC ,, A/01) The ACORD name a nd logo are registered marks o}ACORD 26 nnunu Records M KENT Document ent WASMi p NC.T4 N CONTRACT COVER SHEET This is to be completed by the Contract Manager prier to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: The Eastman Company Vendor Number: 7D Edwards Number Contract Dumber: 1 � - This is assigned by City Clerk's Office Project Name: Morrill Meadows-East Hill Park Phased Appraisal/YMCA Description: El Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract El Other: Amendment #1 Contract Effective Date: 12/6/17 Termination 'Date: 5/25/18-NEW Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: Lynn Osborn/HG Department: Parks Planning & Dev. Contract Amount: $9,300.00 Approval Authority: 0 Department Director ❑Mayor ❑City Council Detail: (i.e. address, Location, parcel number, tax id, etc.): Amendment #1 to a two_-phase appraisal of multiple parcels within Morrill Meadows-East Hill Park, including "flag" shaped parcel. Amdndment includes before/after analysis which accounts for parking easement. Division Contract #PPD17-39 adccW 10877 8 14 KENT WAS Hi li GTO N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: The Eastman Company CONTRACT NAME & PROJECT NUMBER: Morrill Meadows-East Hill Park Phased Appraisal, #PPD17-39 ORIGINAL AGREEMENT DATE: 12/6/2017 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: As described in attached Exhibit A, incorporated herein, consultant shall revise Appraisal Problem 3 of the completed phased appraisal at Morrill Meadows-East Hill Park, to include a before/after analysis which accommodates a parking easement. 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, $7,500.00 including applicable WSST Net Change by Previous Amendments $0.00 including applicable WSST Current Contract Amount $7,500.00 including all previous amendments Current Amendment Sum $1,800.00 Applicable WSST Tax on this $0.00 Amendment Revised Contract Sum $9,300.00 AMENDMENT - 1 OF 2 _._._.___.._.._. ___ _._..._._.________._ ......._._... _..._.._.__.__. ._.___. _ ._.__..w..__.__ _. ........ _...., Original Time for Completion : / /2018 (insert date) ised e for Completion under N/A. prior Amendments (insert date) Days Required (±)� for this 90 calends..,.. .,...,,�„�... ... ar days Amendment Devised Time for Completion 5/25/2018 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its siginature 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 dame written below. U LTAN'T/ ENDORw CITY OF KFNIT: µ , By: � -411 . y. ---= N, ( "g n t ° ) (s4n ture��) Print l me;� �° ti e w. Print game: I e Gibson Its , Its (title)" (title) DAM-2% DATE: APPROVED AS TO FORM: (applicable il'Mayur:s signature required) Kent law Department GM;''+9yuvrxVdia�'4P'4rm+IIE WnMiwvr\HWi LH Pa,U,R,,an ,,aEd-N16 17�arA an Ca C;0:'%\J4M1 ft.-d ApprealwM•tl!.rvwWr—,AM4V':NCJP^lrNT#'6 AMENDMENT - 2 OF 2 .............. .................. Original Time for Completion 2/28/2018 (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add'l Days Required (±) for this 90 calendar days Amendment Revised Time for Completion 5/25/2018 (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/�ENDOR: CITY OF DENT: 4'4'� C By:By: (signat (signature) Print Nqpme:-C-':�, 4 Print Name: H.ope.,Gibson Its C j-4- Its Parks Planning &D�yelopment Manage (title), (title) DATE DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department ................... ................... R[NPWanninq\Mo,hfl Pleadows\MM-Et1 Pa,k%Runuvdbon 2016-1?\EdNW1a11 CU CC)'s\,MM Phased App,,,,5al Edsunap,-AMENDMENT 41 AMENDMENT - 2 OF 2