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HomeMy WebLinkAboutCAG2019-474 - Original - Milwaukee II Levee-Prepare Updated Appraisal ,O#ON Agreement Routing Form i KEN T For Approvals,Signatures and Records Management Wn S.HINGTON 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 Dee Martindale Department: Public Works Date Sent: 11/21/19 Date Required: 11/2 5/19 �o > Authorized Director or Designee Date of Q, to Sign: Council N/A Ca. LI Mayor Approval: Budget PW2012-027a Grant? Yes No Account Number: Type: N/A Vendor or Name: SH&H Valuation, LLC Cate g y Contract = Vendor 1207939 Sub-Category 0 Number: A Project Name: Milwaukee II Levee 0 = Project C Details: Prepare an updated appraisal. c £ Agreement 4 100 Basis for y Amount: Selection of rn Contractor: a Start Date: 11/21/19 Termination Date: 11/13/20 Notice required prior to disclosure? Yes No Contract Number: CA 71/ Date Received by City Attorney: Comments: c 0 N a i it t0 Date Routed to the Mayor's Office: in .d Date Routed to the City Clerk's Office: y a Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 • KENT WASHINGTON 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 Drive West, 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 for the Milwaukee II Levee 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 November 14, 2020. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Four Thousand, One Hundred Dollars ($4,100) 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; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PROFESSIONAL SERVICES AGREEMENT - 3 ($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 fast 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: � -- I i By: By: ( ign�tu{e) (signature) Print Name: Cka jojAASon Print Name: Michael Mactutis, P.E. Its: ' r Its: Environmental Engineering Manager 1 i DATE: iMjdV Mtier 21 DATE: 1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Chad Johnson Timothy J. LaPorte P.E. SH&H Valuation, LLC City of Kent i 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) i (253) 856-6500 (facsimile) ATT ST: Ken City Clerk 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. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 5i day of OvY M 20 By: _ JYtvl so � t ,a For: Title: �ck4 v',.r 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. Dated this day of , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Sand , Rhonda From: Chad Johnson <ChadJ@shhapp.com> Sent: Thursday, November 14, 2019 3:21 PM To: Sandy, Rhonda Cc: Martindale, Delores; Rolcik-Wilcox, Cheryl Subject: RE: Updated Appraisal Request EXTERNAL EMAIL Hi Rhonda We've looked back at the prior appraisal to refresh our memories and we're prepared to submit a bid proposal. The fee for a new/updated appraisal for this property would be$4,100 and we could have the completed report to you within 45 days of your notice to proceed. I'd prefer it to be sooner, but we have been loaded up on new assignments over the past few weeks. That always seems to happen as you get closer to the end of the year. Please let me know if we can help. Thanks, Chad SH & H Chad Johnson, MAI I Partner Real Estate Appraiser & Consultant t. 253.564.3230 x 1103 1 f.253.564.3143 SH&H Valuation and Consulting 6419 Lakewood Drive West Tacoma, WA 98467 chadi@shhapp.com www.shhapp.com From:Sandy, Rhonda <RSandy@kentwa.gov> Sent: Wednesday, November 13, 2019 3:20 PM To: Chad Johnson <ChadJ@shhapp.com> Cc: Martindale, Delores<DMartindale@kentwa.gov>; Rolcik-Wilcox, Cheryl<CRolcik-Wilcox@kentwa.gov> Subject: Updated Appraisal Request Chad, You completed an appraisal for the City of Kent, on October 30th 2018 for a full fee take (purchase/fee). Parcel No. 000660-0017, File No. PW2012-027a, and owner Skyway Towing & Recovery, Inc., (Owner now Drexel Investments LLC). City's Milwaukee II Levee Project-Public 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 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. ^y� SHHVA-1j DATE(MM/DD1YYryi CERTIFICATE OF LIABILITY INSURANCE E Q1(NIMID 19 _ 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 ondorsed. It SUBROGATION IS WAIVED, subloct to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cortificato dons not confor_rights to the cartificato holder in lieu of such endor_sement(s). PRODUCER 253-284-7900 :ep NtAci Julio Ellis ACSf2 Taylor-Thomason Ins.Brokers t#BME; 284 NE HO 3401 South 19th Street (" 253- -7900 €EA 253-234.7901 % PHONE xrg: n1. P.O.Box 7187 r:.lar,ft Jttlii3Erttlb.net Tacoma,WA 98417 AootaEss; _ Tom Taylor,Jr.CPCU,ARM,AAI _.it+SURt tt{ }As toR9utg Cq✓ttRsdE ,zdlc x iN§VRgRA•Ohio Casualty Insurance Co 3 INSURED INSVRt-R a I. �5tdAA,,(�Varu9t,¢i#LLC•dka $tl61{akvrr:trnrc rtt Cnnsuadln, .,. rod tS t.a,WA)6 Dr tYrst l ,. �ri TAnnma.VIA 22ra67 _ ..__.:_ .....,.... .... .._ »....F .... IN SURER:E RA t t r) nc TEN r t RF R V1 inIN N ,14 Tiit IS T;i Ft2T1FY THA: THE POLICIES OF INSURANCE !ISTEU OE-LOW HAVE aELN cS r ._D TO THE INSURE )NAMED ABOVE FOR IHE POt iC, pr. INUAC ATILD NOTWITHSTANDING ANY REQUIREMENT IL fv OR CONDITION Or ANY CONTRACT OR. r01HFR DOCUMENT"WITH RL" ECT TO ZITCH I C t R7 z!':ATE MAY BF ISSUED OR MAY PERTAIN, 1HE JNSURANrvi:AFFORDL tU BY THE POLICIES ESC+WED HEREIN IS SUBuECT -0 A}t THEIFJO'Als li EXCt ;SIONyAVL)C(IN(51T((jpf5 OF S61C If++C�(t;if S LIMITS S iGWN MAY VtAVE Hf E.W HE£ 10EtkF?'Y PaILi ChAIPAS idsR 3Appt.jaunre p •• #ttlfdfpt),tYXrr � TYPE OF INSURANCE Itfiitl!!1 i l�OLI..Y NllMtSER' � I ,.. A I COMMERCIAL,GENERAL LIABILITY 6 .IC# ._._.,..._,,......�----�,.._.—.,..,,. IE..'>.a"Mt1Gt.ilkti�E 7.00Q.{}0.0 OCCUR X t3t.S57021782 rx �fsCr :GRrN r�` t##01101I2019 0110112020 i l S'� 2.000,Odo }( hllvness Owners i }I iTiCxr I/m 15,060 I K {Y l f�P,- 4,000,000 4,000,000 1 �i4 1 A AU 1`0',101 E UABltl T1 — ; ^- ---- tuttt IetavP _ �r r ui X �J`3:LS57021782 tEnc�uA73aW .__ 1,000,000 n r > I pra,LED t 01/01/2019'01101/2020 t tsq r la It#.,�tilt f At T',ti a e t ro##3 X X JY ... UMBRELLA LIAS CA 1P i £YCFSS t TAG A won" R$COMPENSATIONANDE ! r-....«...W.".....�.rv`.. - i NY r 0 Hall Err r r z a{r R/c;tear Err v/y( BXS57021782 L_STi�CtftG .X i I> err c N7AIr„tI Ct lU,LDY NIA 01/01/2019 01/01/2020 Ki /� r4si.cr#s+# 2,000_tHFU �tiwxrEieuorYr al E A STOP GAP ...1( i r orlr /'{ual ar o •, j r# asr r:{ #;arcs rt i s 2,001,000 i � 10G,090 DESCRIP qUN Or OPERATIONS t LOCATIONS!VEHICLES(ACORD 101,�Addilionxi Rnnz ka Srhedule,tnaY h`e attached Ir more The City of Kent is flamed as additional Insured with respects to o space is required( perations Of the named insured. ERTIFICATE HOI_f)ER CAN CP I A I N 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(2016103) The ACORD name and logo are registered ATIO��-R� A marks©1988-2015 ACOR O of 11 rights reserved_ ' .,.1.{.6'klfti7 FEU Fi2ilfd Utl 60ittuf;,I SF.Vif.P,Y•,.• COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 Policy #BZS57021782 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: i COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent as required by written contract. ADDITIONAL INSURED — BY WRITTEN lease or occupy, CONTRACT, AGREEMENT OR PERMIT, OR Subject to the following SCHEDULE additional provisions: (a) This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence"wrtich 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 tract, agreement or permit to provide insurance (b} This insurance dons not apply t. is an insured, subject to the following additional any structural alterations, new con Provisions: struction or demolition operations 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; Me Declarations, and must have been exe- cuted prior to the "bodily injury" "pr,perly (2) Your ongoing operations for that in- damage", or "personal and advertising sured, whether the work is performed 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 lea ed to you by such to the extent you are held liable due to: person or organizittion, subject to the (1) The ownership, maintenance or use of following addifionztl provisions; that part of premises you own, rent, (a) This insurance does not apply to any "occurrence"which take,,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 i=aya I of 4 EP 1. It'kARY (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 (4) Permits issued by any state or political caused the "bodily injury" or "property damage" involved the ownership m ainte- 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 "personal and advertising injury" arising (1) A watercraft while ashore on premises out of operations performed for the state you own or rent; or municipality. (2) A watercraft you do not own that is: c. Tlie insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured by this endorsement does not apply to (b) Not being used to carry persons or "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 ing: 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) "Bodilyinjury"jur Y or "property damage" (2) Supervisory, inspection or engineering arising out of: 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 would the "products-completed operations haz qualify under the definition of and". "mobile equipment" if it were not subject to a compulsory or financial A person's or organization's status as an insured un responsibility law or other motor ve- der this endorsement ends when your operations for hide insurance law in the state that insured are completed. where it is licensed or principally garaged; or No coverage will be provided it, in the absence of this (b) the operation of any of the machin- endorseniolit, no liability would b0 imposed by law on ery or equipment listed in Paragraph You- Coverage shall be lifnited to the extent of your N2) or f.(3) of the definition of negligence or fault according to ttio applicable:pr°incf• "mobile equipment". pees 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 1) is replaced when a Damage To Premises Periled To You Limit is by the following: shown in the Declaraliorts, Exclusion j.laced by the following: A, Section I is replaced of coverage g "`Bodily injury"or "prc�l;�t�rty rlrriraage" Arising out of the ownership, nnainiet%nce, use or j. Damage To Property entrustment to others of any aircraft, "auto" or watercraft awned or Operated by or rented "Property damage" to: or leaned to any insured. Uso includes opor• (1) Property you own, rent, or occupy, anon oral `"loaduy( or unloadrr)t. py, inoitrtfing 7 any costs or expenses incurred by you, or =1F i'i?!IJlt l,4I` ',M IHL I ORMS WR.ARY s.•, any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enharicernent, 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 II): 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; (5) That particular part of real property on which Paragraph 1.b, of SUPPLEMENTARY PAYMENTS — you or any contractors or subcontractors you A AND B is replaced by the following: 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 (6) That particular part of any property that must the Bodily Injury Liability Coverage applies, be restored, repaired or replaced because We do not have to furnish these bonds. "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- lents of such premises, rented to you A separate cured at our request to assist the in- limit of insurance applies to Damage To Prom- vestigation or defense of the elafmor ,suit,,, ises Rented To You as described in Section III including actual loss of earnings up to 500 — Limits Of Insurance. a day because of time off from work. 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. Paragraphs (3). (4), (5) and (6) of this exclusion Provision 2.a.(1)(d) of WHO IS AN INSURED (Section do not apply to liability assumed under a side- 11) is deleted, unless excluded by separate endorse- track agreement. meet. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Paragraph 6, of LIMITS OF INSURANCE (Section 111) replaced byatheffoi ow0ing:AN INSURED (Section II) is is replaced by the following: 6. Subject to 5. above, the Damage To Premisesa• Coerage under this provision is afforded Rented To You Limit is the most we will pay un- der Coverage A for damages because of EXTENDED "PROPERTY DAMAGE" "properly damage" to any one premises,. while rented to you, Or in the case of damage by fire, Exclusion a. of COVERAGE A (Section ;•) 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 frorn the standpoint of the insured. nigher of the Each Occurrence Lirnit shown in the This exclusior-t dues not apply to "bodily injury" Declarations or the amount shown it, the Declarations or "property damage,, resulting from the use of as Damage To Premises Rentep To You Lirnit, reasonable force to protect persons or property. CG 76 36 02 07 Page 3 ct 4 EP itf.!%ii4i3 EC-iitC:6h INI- Ntrl1�,.1:.•k/1iFy••"' 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 $t0,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of The fallowing is added to Paragraph 8. Transfer Of COMMERCIAL GENERAL LIABILITY CONDITIONS Rights Of Recovery Against Others To Us of COM- (Section IV); MERCIAL GENERAL LIABILITY CONDITIONS (Sec- tion IV): Knowledge of an "occurrence", claim or "suit" by your argent, servant or employee shall not in itself We waive any rights of recovery we may have against constitute knowledge of the named insured unless an officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. snake 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 "products-completed operations hazard". This waiver HAZARDS applies only to a person or organization for whom you The `ollowiyy is added to Paragraph 6. Represents are required by written contract, agreement or permit to waive these rights of recovery. bons of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER LOCATION If you unintentionally fain to disclose any hazards ex- isting at the inception date of your policy, we will not For all sums which the insured becomes legally obli- deny coverage under this Coverage Form because of such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to co patio:additional premium or exercise our under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C right of cancellation or non—renewal, (Section 1), which can be attributed only to operations al a single "location": LIBERALIZATION CLAUSE Paragraphs 2.a. and 2.b. of Limits of Insurance(Sec- The following paragraph is added to COMMERCIAL lion 111) 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 "Location" means premises involving the same or provide becomes effective during the po plicy p prod connecting lots, or premises whose connection is in it��, state t 9 eriod shown in the Declarations, your prj)• icy will automatically provide this additional cov erage on the effective date of the revision. p79� s fFt a L1A Administrators & insurance Services APPRAISAL AND VALUATION ASPEN PROFESSIONAL:, LIABILITY INSURANCE POLICY DECLARATIONS ' ASPEN AMERI.CAtN INSURANCE COMPANY (A stock insurance company ticrein called the"C:'o,npatiy ) 175 Capitol B[vd. Snits !0{! Rockv Hill,CT 06067 Date issued PolidyNutnber Previous Policy Number i 1l27!2018 AAI004449-04 AA1004449-03 THIS IS A CLAIMS;MADE AND REPORTED POLICY. COVERAGE IS LIMITED TO LIABILTTY FOR ONLY TTCMSI1 CLAINIS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND THEN REPORT- t D IO TRIG COMPANY 1TI WRITINC; NO LATER THAN SIXTY(66)DAYS AFTER EXPIRATION OR 'I'(�IZV)t't�'ATION {)1` `HISPUI POLICY,OR DURING TIlI EXTEND IOT PC)R1'INC PE`R10D IF Si)'t 1Ct�BI F, FOR A WRO)NGhLII, ACi'C'OiMMIT,E•D ON OR AFTER HE RETROACTWE DA`1'AND BEFORI.",THE END OF THE POLICY PFRIOD. PLEASE READ THE I'DLIC;Y C.AREFUL.I�Y, i. Customer 1D: 16ti3J0 .._.".� Natned Insured: S 14 do 11 VALUATION, LLC S H& H Valuation ai7d C`ansulting 6,419 Lakewood Drive Gt�c4t Tacoma; WA 98467 2. Policy 1'eri0ci: From; 12/i0i201.8 To: 12,'IO/2019 12:01 A..M,Sfo-mdard•1•ime at flee address stated in 1 ahnve. 3. L)eductible: $2,500 Each Claim 4: Retroactive Date: 12/10/2U15 ` N Inception Date: 12/tO/20I.5 —R�- 6. Limits of Liabi(ityt A. $ ,000,000 Each C:laitn _ B. $2,000,000 Aggregate 7. lv1<tit tt(i notices,ir,ciuding nat4cc of Claim,_to: I.IfI Ac}m nist1-M0rs& Insurance Services 1600 Anacapa Strect Santa Darliara, CUlilo rnia 93101 (SOD)334-0652; Fax: (805) 962-0652 H. Annual Premium: $8,128.00 9. Forms -hashed at issue; LiAD0 (1LiA018(10/14) 22/14) LIA WA 11/14 z (114) LIA0251101/14) LIA122 (0/14) 2/14) 1.1A013(10/14)This "— et larat utta file Policy shril cm Piti;t1 0t,�(en;}c;yyrjac(ct�t!h,i.t cvrc;y wi tthe A'7i�,� t?ns,ii to,a,,d A;trpplicatic)n yindiidila8 all atiaeht tti u i , t:d 1 1/27/2018 late — -----'— LTA-001 (12/i4) " Atltl,t)ruretl S.;X,W( 11..�_Aspen Ain(<,-ican Insarai,ce.Ccnnpany i