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HomeMy WebLinkAboutCAG2019-206 - Amendment - #1 - SH&H Valuation, LLC - Mill Creek at 76th Ave S Flood Protection Improvements - 06/26/2019 Agreement Routing Form KENT For Approvals,Signatures and Records Management W A 5 H I n G T O H This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for C. Rolcik-Wilcox Department: Public Works Date Sent. 6/26/19 Date Required: 6/28/19 �o > Authorized Director or Designee Date of 0 N/A C to Sign: Council QMayor Approval: Budget D20076 Grant? Yes No Account Number: Type: N/A Vendor or Name: SH&H Valuation, LLC Cate g Y: Contract c Vendor 1207939 Sub-Category Amendment 0 Number: v Project E Name: Mill Creek at 76th Ave. S. Flood Protection Improvements 0 c Project Extend the time of completion for the MIREF appraisal. *. Details: c EAgreement N A Basis for d Amount: l Selection of Other at Contractor: a Start Date: 6 26 19 Termination Date: / / December 31, 2019 Notice required prior to Yes No Contract Number: disclosure? G/ �O�bl o2dL Date Received by City Attorney: Comments: 1711 0 oc a, rr 3 � Date Routed to the Mayor's Office: in y Date Routed to the City Clerk's Office: a� Date Sent to Originator. Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373 6 19 • KENT WAS H I N G T O N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: SH&H Valuation, LLC CONTRACT NAME & PROJECT NUMBER: Mill Creek at 76th Ave. S. Flood Protection Improvements ORIGINAL AGREEMENT DATE: April 10, 2019 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: Extend the time of completion to December 31, 2019. Two of the three appraisals included under this contract are in process and will be completed before the contract expires (Jorgensen and HRP). The appraisal for MIREF will not need to be done until an offer is made and responded to by HRP, therefore requiring a extension in time. 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, $13,500.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $13,500.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $13,500.00 AMENDMENT - 1 OF 2 Original Time for Completion 8/1/19 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (f) for this 152 calendar days Amendment Revised Time for Completion 12/31/19 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: C7TKNT: By: B o� (s' ature) V firsignature) Print Name: Chad Johnson, MAI Print Name: Timothy 1. LaPorte, P.E. Its Partner Its Public Works Director (title) titlefV �7 DATE: June 24, 2019 DATE: ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) c MA 4) - Kent City Clerk Kent Law Department SH&H-Mill Creek at 76'Amd 1/Rolcik-Wilcox AMENDMENT - 2 OF 2 ---� SHHVA-1 Op"'i Ju CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYV i01/14/2019 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 have ADDITIONAL INSURED provisions or 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(ss. PRODUCER 253-284-7900 CONTACT Julie Ellis,ACSR -NAME; Taylor-Thomason Ins. Brokers PHONE 253-284-7900 FAX y 253-284.7901 3401 South 19th Street (A/C,No,Ext: _ (Alc,No) P.O.Box 7187 E-MAIL ulieE@a ttib.net „ Tacoma,WA 98417 ADDRESS, Tom Taylor,Jr.CPCU,ARM,AAI ______INSURERISLAFFORDING COVERA NAIC a INSURER A:Ohio Casualty Insurance Co, INSURED "It H Valuation LL�, a Valuation ano Cons uitin9f,19 Lakewood Or Wes( Tacoma,WA 98467 INSURER D INSURER F: ^ COVERAGES CER IF ATE 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 ANll CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSRAOOL SUeR�,_.............---- -.,_,,,...._..._.,_ ...._..._... _...._._.,...._... TYPE OF INSURANCE POLICY NUMBER POLICY EFf POt.iCY EXP LIMITS A I COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE S ..2,000,000 �.. J CLAIMSWADE. �N OCCUR X FBZS57021782 j 01/01/2019 01/01/2020 DAMAGE TO RENTED 2,000,000 I PIS[B.tEancsUfrst ... s „_. X Business Owners 15,000 [ M._ ._ _,.,.__..... PERSONALB ADV IN UkY S GLN`L AGGREGATE LIMIT APPLIES PER'. 4,000,000 tf ,GENE RALAGGREGATE_ $ POLICY L PRO- i I LOC 4,000,000 JtCT L,_„_j .P#2p ;i3UtTS C MPPOp AUG S ..... _ THFR' ! A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 11000,000 iE3l3�x t +Sl ' ANY AUTO X ?BZS57021782 101/0112019 01/01/2020 BODIL OWNED SCHEDULED RY AUTOS S --- ONLY ._ AUTOS I _BODILY 1NJURYXJIt e,accigV $ xHIRE(} NON krED p f'ROPCRTY >AUTOS ONLY ,.X AUTO ONLY (i?er acF3Aent $ UMBRELLA LIAR OCCUR EACH CtC;CUptRLNC'E S EXCESS LIAB CLAIMS-MADE Ar'GR�GATE .._._. _,._. DED RETENTIONmS A WORKERS COMPENSATION I T MR X I pT}{ S AND EMPLOYERS'LIABILITY YIN = ' ,� 7 . ANY PROPRIETORIPARTNER/EXECUTIVE 'BZS57021782 01f01/2019'01/01/2020{ ( 2,000,000 FEtCERtMp MBER EXCLUDED [�� N/A E.L EACH ACCIOCNT { ar+dalocobe — A STOP GAP 2,000,000 1t yot,d8scriUe under I �t O15EASE EA$M;aL.OVE $ _ f RIPTI N P RATIONS OW L..DISEASE.POLICY LIMIT" 2,000,000 PROPERTY 106,090 DESCRIPTIOV OF OPERATIONS 1 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 220 4th Ave So AUTHORIZED REPRESENTATIVE Kent,WA 98032 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i_PRird7 ED FRUM 1 I URN1S L IE RARY.... COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 Policy #BZS57021782 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City o` Kent as required by written contract. ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence" which takes place INSURED (Section II): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured; the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the "bodily injury", "property sured, whether the work is performed damage", or "personal and advertising injury", by you or for you; b. The person or organization added as an in- (3) The maintenance, operation or use by sured by this endorsement is an insured only you of equipment leased to you by such to the extent you are held liable due to: person or organization, subject to the following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply that part of premises you own, rent, pp y to any no which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CG 76 35 02 07 Page 1 of CP REPRINTED FROM TNF FORMS LIBRARY""' (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, genre of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the "bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to: injury", "property damage", or (1) A watercraft while ashore on premises "personal and advertising injury" arising you own or rent; out of operations performed for the state or municipality. (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge; "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the "auto" is not owned by or in9: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, mainte- opinions, reports, surveys, change or- nance or use of aircraft or watercraft; or ders, designs or specifications; and (5) "Bodily injury" or "property damage" Supervisory, arising out of: (2) Su p ry, inspection or engineering services. (a) the operation of machinery or d. This insurance does not apply to "bodily equipment that is attached to, or injury" or "property damage" included within part of, a land vehicle that wouldqualify under the definition of the "products-completed operations haz- "mobile equipment" if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hicle insurance law in the state der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged; or No coverage will be provided if, in the absence of this (b) the operation of any of the machin- endorsement, no liability would be imposed by law on ery or equipment listed in Paragraph you. Coverage shall be limited to the extent of your f.(2) or f.(3) of the definition of negligence or fault according to the applicable princi- "mobile equipment". ples of comparative fault, (6) An aircraft you do not own provided it is NON-OWNED WATERCRAFT AND NON-OWNED not operated by any insured. AIRCRAFT LIABILITY TENANTS' PROPERTY DAMAGE LIABILITY Exclusion g, of COVERAGE A (Section I) is replaced When a Damage To Premises Rented To You Limit is by the following: shown in the Declarations, Exclusion j. of Coverage g. "Bodilyinjury" or A, Section I is replaced by the following: � ) y' property damage" arising out of the ownership, maintenance, use or j. Damage To Property entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented "Property damage" to: or loaned to any insured. Use includes oper. (1) Property you own, rent, or occupy, including ation and "loading or unloading". any costs or expenses incurred by you, or Page 2 of 4 REPRIN-IED FROM THE FORMS LIBRARY"" any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a, of WHO IS reason, including prevention of injury to a AN INSURED (Section 11): person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph(1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.15. of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required are performing operations, if the `property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — 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 vestigation or defense of the claim or ',suit", limit of insurance applies to Damage To Prem- including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work. — Limits Of insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion 11) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "Property damage" included in the "products- ORGANIZATIONS completed operations hazard". Provision 3.a. of WHO IS AN INSURED (Section II) is Paragraph 6. of LIMITS OF INSURANCE (Section III) replaced by the following: is replaced by the following: a. Coverage under this provision is afforded 6. Subject to 5. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- der Coverage A for damages because of EXTENDED "PROPERTY DAMAGE" "property damage" to any one premises, while rented to you, or in the ease of damage by fire, Exclusion a. of COVERAGE A (Section 1) is replaced while rented to you or temporarily occupied by by the following: you with permission of the owner, a. "Bodily injury" or "property damage" expected The Damage To Premises Rented To You limit is the or intended from the standpoint of the insured. higher of the Each Occurrence Limit shown in the This exclusion does not apply to "bodily injury" Declarations or the amount shown in the Declarations or "property damage" resulting from the use of as Damage To Premises Rented To You Limit. reasonable force to protect persons or property. CG 76 35 02 07 Page 3 of 4 EP '"REPRINTED FROM THE FORMS LIBRARY"" EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to $10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. The following is added to Paragraph 2. Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an `occurrence", claim or "suit" by tion IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or `your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 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": Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- The following paragraph is added to COMMERCIAL tion III) apply separately to each of your "locations" GENERAL LIABILITY CONDITIONS (Section IV): owned by or rented to you. 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov. erage on the effective date of the revision. Page 4 of 4 i L i i � S LIA Administrators & Insurance Services APPRAISAL AND VALUATION A S P E N PROFESSIONAL LIABILITY INSURANCE POLICY DECLARATIONS ASPEN AMERICAN INSURANCE COMPANY (A stock insurance company herein called the "Company") 175 Capitol.Blvd. Suite 100 Rocky Hill, CT 06067 Date Issued 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 THE COMPANY IN WRITING NO LATER THAN SIXTY(60)DAYS AFTER EXPIRATION OR TERMINATION OF`PHIS POLICY, OR DURING;THE EXTENDED REPORTING PERIOD, IF APPLICABLE, FOR A WRONGFUL ACT COMMITTED ON OR AFT1 R THE RETROACTIVE DATE AND BEFORE THE END OF THE POLICY PERIOD. PLEASE READ THE POLICY CAREFULLY, Item 1. Customer ID: 168390 Named Insured: S 1-i& 1-1 VALUA'riON, 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 Time at the address stated in 1 above_ 3. Deductible: $2,500 Each Claim 4. Retroactive Date: 12/10/2015 5. Inception Date: 12/10/2015 6. Limits of Liability: A. $1,000,000 Each Claim B. $2,000,000 Aggregate 7. Mail all notices, including notice of Claim, to: LIA Administrators& Insurance Services 1600 Anacapa Street Santa Barbara, California 93101 (800)334-0652; Fax: (805) 962-0652 8. Annual Premium: $8,128.00 9. Forms attached at issue: LIA002(12/14) LIA WA(11/14) LIA012(12/14) LIA013 (10/14) LIA018(10/14) LIA025A (I1/14) LIA02513(11/l4) LIA122(10/14) This Declarations Page, together-with the completed and signed Policy Application including all attachu7euts and exhibits thereto,and die Policy shall constitute the contract between the Named Insured and tlr r }n s€tny t 1/27/2018 aLAW: By LIA-001 (12/14) Authorized Si nture Aspen American Insurance Company