HomeMy WebLinkAboutCAG2019-037 - Original - SH&H Valuation, LLC - Appraisal Update: South 228th Street UPRR Grade Separation Project - 01/29/2019 NT Records Management, Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All Portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-656-5725a
Vendor Name:
SH&H Valuation, LLC
Vendor Number (]DE):
Contract Number (City Clerk):
Category: _Contract Agreement
Sub-Category (if applicable): None
Project Name:
S. 228th St. UPRR Grade Separation
Contract Execution Date: 1/29/19 Termination Date: 3/1/19
Cheryl Rolcix-Wilcox PW: Engineering Contract Manager:Q Department: g 9
Contract Amount: $4,250.00
Budgeted: ❑✓ Grant?
Part of NEW Budget: Local: State: ❑ Federal: 0
Related to a New Position:
Basis for Selection of Contractor? Other
Approval Authority: lJ Director ❑ Mayor City Council
Other Details: Provide an appraisal update for the American Wholesale Florists
property. _.._�— ....._.—......,_.._.. �.- --.__...�... �...-...-.�.�......—._.
N T
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 provide an appraisal update for the S. 228`h St. UPRR
Grade Separation Project - American Wholesale Florists property. For a
description, see Exhibit A which is attached 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 March 1, 2019.
III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Four
Thousand, Two Hundred Fifty Dollars ($4,250.00) 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, Recye&able Makeriais. 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-Walver 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. Resolu 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; ovided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written No is . 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. Assignmg tt. 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 ReqgfgJ5 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. Re€yuired. 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• unteroarts and 5ionatures ky x orEmail. 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 all
_ _ _-- ._..---. ._. _........ .. _ ......... _....
CONTRAC
CITY OF KENT:
L/e ,r,u.
Ely: r
Print Nam a- ,J01 j) Print Name: Carla Maloney, P.E.
Its _ N r _ Its Design Engineering Manager
DATE: I (lit )
NOTICES TO BE SENT TO, - —
CONTRACTOR: CITY OF KENT:
Chad Johnson Timothy J. LaPorte, P.E.
SH&H Valuation, LLC City or Kent
6419 Lakewood Dr. W. 220 Fourth Avenue South
Tacoma, WA 98467 Kent, WA 98032
(253) 564-3230 (telephone) (253) 856-5500 (telephone)
N/A (facsimile) (253) 856-6500 (facsimile)
.__....... _,_,_._. —_ __..
ATTEST-
Kent City
Clerk
PROFESSIONAL SERVICES AGREEMENT - I
($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 We
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,4�I agree to fulfill the five requirements referenced above.
Dated this . day of �Gdlu�xr��
_,_l _............__.__.., 20 _.
For: _. 9mi _._V a ltrjio t\ L L
Title: far+V�.t.r
Date: .. ZO I CA
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 , P 20—
By: ..._.......... ......
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
Rolcik-Wilcox, Cheryl
From: Chad Johnson <ChadJ@shhapp,com>
Sent: Thursday, January 24, 2019 10;27 AM
To: Rolcik WilCox, Cheryl
Cc: Martindale, Delores, Novak, Michelle, Alex Ball
Subject: RE, S. 228th Street Project - American Wholesale Florists (DWF) Appraisal Update
EXT11T,IRNAL IIFi'1A,IIi..
Hi Cheryl,
We can provide you with a new appraisal with a contemporary date of value of the property for a fee of
$4,250, Delivery would be within 30 days of engagement, although we will make every effort to get it done
sooner. Please let me know if this works. If so, I can send a more formal proposal on letterhead upon request.
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 shhano.coin
www.shhapp.corrr
From: Rolcik-Wilcox, Cheryl [me!Ito:CRolcik-Wilcox@kentwa.gov]
Sent: Thursday, January 24, 2019 9:05 AM
To: Chad Johnson
Cc: Martindale, Delores; Novak, Michelle
Subject: S. 228th Street Project - American Wholesale Florists (DWF) Appraisal Update
Hi Chad —
You may recall that in August of 2017, you completed an appraisal (#13907-17) of property in
Kent owned by American Wholesale Florists (attached). It looks like we're going to need the
appraisal updated, so I'm writing to see if you can send me a bid for an update?
i
EXHIBIT R
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 Liabil insurance appropriate to the Consultant's
profession.
13. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Auto_mobile 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-completed operations
aggregate limit.
EXHIBIT B (Continued)
3. Professilana! 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 cllaim 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.
aC , SHHVA-1 UP ID ,Plo
CERTIFICATE OF LIABILITY INSURANCE I
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND C I UYfO YJ](F1O
!!flf`u":ATE DOES NOT AFFIRMATIVELY OR NFOARVELY AMEN❑ ONFERB NO RIG IiT$ UPON THE CFRTIPCATE HOLDFR TWl OW THIS CERTIFICATE OF INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDED Br THE P(kJCIES
'Ii LJeNTA.TIVE Oft PRODUCER AND THE CER�FICATOETHOLDEF2ITL'TE A CONTRACT BETWEEN THE ISSUING INSURER(SL AUTHORIZE❑
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LIA Administrators 8a 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 Hilt, CT 06067
Date Issocd Policy Number Previous Policy Number
11/27/2018 AAI004449-04 AA1004449-03
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 THL'. COMPANY IN WRTTING NO LATER 'THAN SIXTY(60)DAYS AFTER IlXP1RATION OR TTRMINAI ION
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 11 &H VALUATION, LLC
S H & H Valuation and Consulting
6419 Lakewood Drive West
Tacoma, WA 98467
2. Policy Period: From: 12/10/2018 To: 12/10/2019
12:01 A.M. Standard"lime at the address stated in 1 above_
3. Deductible: $2,500 Each Claim
4. Retroactive Date: 12/10/2015
5. Inception Date: 12/10,12015
6. Limits of Liability: A. $1,000,000 Each Claim
B. $2,000 000 Aggregate
7. Mail atl notices, including notice of Claim, to:
LIA Administrators &Insurance Services
1600 Anacapa Street
Santa Barbara, California 93101
(800) 334-0652; Fax: (805) 967-00.52
8. Annual Premium: $8,128.00
9. Forms attached at issue: LLA002 (12/14) LIA WA (11/14) LIA012 (12/14) LIA013 (10/I4)
LIA018 (111/14) L1A025A (I1/14) LIA1125B (11/14) LIA122 (10/14)
'this Declarations Page, together with he completed and signed Policy Application including all attachments and exhibits thereto, and
the POhcy shall constitute the contract hehvecn the Named Insured and th, )a duty,
11/27/2018
ate y
Atnhodrcd 5tg rnar��
LTA-001 (t2/14) Aspen American Insurance Company