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CAG2020-270 - Original - SH&H Valuation, LLC - Signature Pointe Levee Riverwood Apartments & WSDOT Easement - 08/20/2020
ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 PROFESSIONAL SERVICES AGREEMENT - 1 ($20,000 or Less) 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. The Contractor shall perform the following services for the City: The Contractor shall provide appraisal services for the Signature Pointe Levee Project for the Riverwood Apartments and WSDOT easement. For a description, see the Contractor's Scope of Work which is attached as Exhibit A and incorporated by this reference. The 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 the Contractor shall complete the work by December 31, 2020. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Nine Thousand Dollars ($9,000) 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 the 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. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. 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 the 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 the Contractor’s services, or the Contractor is engaged in an independently PROFESSIONAL SERVICES AGREEMENT - 2 ($20,000 or Less) 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. 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 the 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. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. VII. 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. The Contractor shall execute the attached City of Kent Equal PROFESSIONAL SERVICES AGREEMENT - 3 ($20,000 or Less) Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. INDEMNIFICATION. The 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 the 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 the 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 the 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. IX. 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. X. 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 the 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 the Contractor's own risk, and the 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. XI. 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 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 VIII 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. PROFESSIONAL SERVICES AGREEMENT - 4 ($20,000 or Less) 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 the 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, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / J. Counterparts and Sionatures 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 paÉies 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, PROFESSIONAL SERVICES AGREEMENT - 5 ($20,000 or Less) CONTRACTOR:ã,*/r (signature) Print Name Chad C. Johnson Its Partner DATE: (titte) August 18,2020 CITY OF KENT: By Í Print Name mot hy J. LaPorte, P,E Its: DATE P blic Works Director ?^Ð NOTICES TO BE SENT TO: CONTRACTOR: Chad Johnson SH&H Valuation, LLC 6419 Lakewood Drive West Tacoma, WA 98467 (2s3) 564-3230 (telephone) (253) 564-3L43 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) Bs6-5500 (telephone) (2s3) 856-6s00 (facsimile) ATTEST: Kent City Clerk EEO COMPLIANCE DOCUMENTS - 1 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 day of ____ , 20___. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 18th August 20 Chad C. Johnson SH&H Valuation, LLC Partner August 18, 2020 EEO COMPLIANCE DOCUMENTS - 2 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 - 3 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: _________________________________________ Fealy, Angella From: Sent: To: Cc: Subject: Chad Johnson <ChadJ@shhapp.com> Wednesday, July 29,2020 9:13 AM Rolcik-Wilcox, Cheryl Martindale, Delores; Hawkes, Derek; Leyrer, Thomas RE: Signature Pointe Apartments Appraisal EXTERNAL EMAIL HiCheryl, ln response to your request on the WSDOT and Riverwood Apartments easement appraisal request, we are prepared to submit a proposal. For the Riverwood Apartments, the fee would be 54,000 and we could have the appraisal report delivered to you within approximately 45 days from engagement, assuming all necessary property/project information is provided in a timely manner. For the WSDOT easement, this one would be a bit more tricky, based in part on the fact that it appears to be a surface easement extending under the existing overpass (please let me know if this assumption is incorrect). The fee for that appraisal would be 55,000 and we could also have the completed report delivered to you within 45 days from receiving an executed contract. Thus, the total fee for these two appraisals would be 59,000. Please let me know if we can help or if you have any additional questions. Thanks, Chad 1 Chad Johnson, MAI I Partner EXHIBIT A Real Estate Appraiser & Consultant t. 2s3.564.3230 x 1103 | f.253.564.3143 SH&H Valuation and Consulting 64L9 Lakewood Drive West Tacoma, WA 98467 <mailto:chadj@shhapp.com> chadj@shhapp.com www.shhapp.com From : Rolcik-Wilcox, Cheryl <CRolcik-Wilcox@kentwa.gov> Sent: Tuesday, July 28,2O2O 10:30 AM To: Chad Johnson <ChadJ@shhapp.com> Cc: Martindale, Delores <DMartindale@kentwa.gov>; Hawkes, Derek <DHawkes@kentwa.gov>; Leyrer, Thomas <TLeyrer@kentwa.gov> Subject: Signature Pointe Apartments Appraisal Hi Chad - It turns out that as part of the Signature Pointe Levee Project, we will also need easements from WSDOT and the Riverwood Apartments. I am hoping that you can take a look at the attached maps, and send over bids to appraise those easements as welll Riverwood Apartments Parcel # is 2322O4-9086, shown on page 3 and 4 of 18 WSDOT ROW shown on page 5 of 18 These maps also show the easements that the City will need from the Signature Pointe Apartments, so if they are clear enough for you to understand, we would love it if you could begin work on that appraisal. Our surveyors are working on thelegaldescriptionsfortheseaswell,andwhenwehavethem, lcansendthemover. lftheinformationinthe attached issufficient, letme knowand l'll letthe propertymanageratSignature Pointe knowthatyou'llbe reachingout toher. Sheknowsabouttheprojectandknowswewillbeseekingeasements. l'llalsoforwardoverthetitlereporttoo! l'm not sure if you think it's easier to just amend the contract for the Signature Pointe Apartments appraisal to add the other two properties, or if you'd prefer to have separate contracts, but either way works for us! l've copied the Project Engineers on this message so they can respond to any questions you have too. 2 Let me know what you thinkl O Cheryl Rolcik-Wilcox, Property & Acquisition Analyst Public Works Engineering 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5587 crolcik-wilcox@ KentWA.gov <ma ilto:crolcik-wilcox@KentWA.gov> CITY OF KENT, WASHINGTON <http://kentwa.gov/> KentWA.gov <http://facebook.com/cityofkent> Facebook <http://twitter.com/cityofkent> Twitter <http://www.youtube.com/kenttv2L> YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL 3 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 A:VII. 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. ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD SHHVA-1 OP ID: WP 12/17/2019 Julie Ellis, ACSR Taylor-Thomason Ins. Brokers 3401 South 19th Street P.O. Box 7187 Tacoma, WA 98417 Tom Taylor, Jr. CPCU, ARM, AAI 253-284-7900 253-284-7901 JulieE@ttib.net Ohio Casualty Insurance Co SH&H Valuation, LLCSH&H Valuation and Consulting6419 Lakewood Dr WestTacoma, WA 98467 A 2,000,000 X BZS57021782 01/01/2020 01/01/2021 2,000,000 X 15,000 4,000,000 X 4,000,000 1,000,000A X BZS57021782 01/01/2020 01/01/2021 X X XX 1,000,000A USO57021782 01/01/2020 01/01/2021 1,000,000 XA BZS57021782 01/01/2020 01/01/2021 2,000,000 WA STOP GAP 2,000,000 2,000,000 The City of Kent is named as additional insured with respects to operations of the named insured. City of Kent Public Works Engineering 220 4th Ave So Kent, WA 98032 253-284-7900 24074 Business Owners ..' REPRINTED FROIV THE FORMS LIBRARY ''' 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 of Kent. as requ¡red by written contract. INSURED BY WRITTEN AGREEMENT OR PERMIT, OR COMMERCIAL GENERAL LIABILITY cG 76 350207 Policy #BZS51021182 lease or occupy, subject to the following additional provisions : (a) This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to you; (b) This insurance does not apply to any structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization added as an insured; (2) Your ongoing operations for that in- sured, whether the work is performed by you or for you; (3) The maintenance, operation or use by you of equipment leased to you by sucñ person or organization, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence', which takes place after the equipment lease expiies; ADDITIONAL CONTRACT, SCHEDULE The following paragraph is added to WHO lS AN INSURED (Section ll): 4. Any person or organization shown in the Sched- ule or for whom you are required by written con- tract, agreement or permit to provide insurance is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect during the policy period shown in the Declarations, and must have been exe- cuted prior to the ,,bodily injury,', ,,property damage", or .,personal and advertising injury". b. The person or organization added as an in- sured by this endorsement is an insured only to the extent you are held liable due to: (1) The ownership, maintenance or use of that part of premises you own, rent, lncludes Copyrighted Material of lnsurance Services Office, tnc., with its permission Copyright, lnsurance Services, 2001 cG 76 35 02 07 Page 1 of 4 EP (b) This insurance does not appty to "bodily injury" or "property dam- age" arising out of the sole negli- gence of such person or organization; (4) Permits issued by any state or potiticat subdivision with respect to operations performed by you or on your behalf, subject to the following additional pro- vision: This insurance does not apply to "bodilyinjury", "property damage", or "personal and advertising injury" arising out of operations performed for the state or municipality, c. The insurance with respect to any architect, engineer, or surveyor added as an insured by this endorsement does not apply to "bodily injury", "properÏy damage", or ,.per- sonal and advertising injury', arising out of the rendering of or the failure to render any professional services by or for you, includ- ing: (1) The preparing, approving, or faiting to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and (2) Supervisory, inspection or engineering services. d. This insurance does not apply to ,,bodily injury" or "property damage" included within the'þroducts-completed operations haz- ard ". A person's or organization's status as an insured un- der this endorsement ends when your operations for that insured are completed. No coverage will be provided if, in the absence of this endorsement, no liability would be imposed by taw on you. Coverage shall be limited to the extent of your negligence or fault according to the applicable prìnci- ples of comparative fault. NON.OWNED WATERCRAFT AND NON.OWNED AIRCRAFT LIABILITY *" REPRINTED FROfuI THE FORI\4S LIBRARY'"' This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the .,occurrence,' which caused the "bodily injury" or "property damage" involved the ownership, mainte- nance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any in- sured. This exclusion does not appty to: (l) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 52 feet tong; and (b) Not being used to carry persons or propef1y for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, pro- vided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any ..insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5) "Bodily injury" or .,property damage" arising out of: (a) the operation of machinery or equipment that is attached to, or part of, a land vehicle that would quatify under the def inition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor ve_ hicle insurance law in the state where it is licensed or principally garaged; or (b) the operation of any of the machin_ ery or equipment listed in paragraph f.(21 or f.(3) of rhe definition of "mobile equipment", (6) An aircraft you do not own provided it is not operated by any insured. TENANTS' PROPERTY DAMAGE LIABILITY When a Damage To premises Rented To you Limit is shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following: j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or Exclusion g. of COVERAGE A (Section t) is replaced by the following: g. "Bodily injury" or ,,property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, ,.auto', or watercraft owned or operated by or rented or loaned to any insured. Use includes oper_ ation and "loading or unloading". Page 2 of 4 any other person, organizat¡on or entity, for repair, replacement, enhancement, restora- tion or maintenance of such properly for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" ar¡ses out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the ,property damage" arises out of those operations, or (6) That particular part of any property that must be restored, repaired or replaced because '!our work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, inctuding the con- tents of such premises, rented to you. A separate limit of insurance applies to Damage To prem- ¡ses Rented To You as described in Section lll - Limits Of lnsurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exctusion do not apply to liability assumed under a side- track agreement. Paragraph (6) of this exctusion does not appty to "property damage" included in the ..products- completed operations hazard', . *" REPRINTED FROM TI-IE FORI\¡S LIBRARY'"' WHO IS AN INSURED _ MANAGERS The following is added to Paragraph 2.a. of WHO tS AN INSURED (Section ll): Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. SUPPLEMENTARY PAYMENTS _ COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK Paragraph 1.b. of SUPPLEMENTARY PAYMENTS COVERAGES A AND B is replaced by the foilowing: b. Up to $3,000 for cost of bait bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily lnjury Liabitity Coverage appties. We do not have to furnish these bonds. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS COVERAGES A AND B is reptaced by rhe foilowing: d. All reasonable expenses incurred by the in- sured at our request to assist us in the in- vestigation or defense of the claim or ,,suit", including actual loss of earnings up to gS00 a day because of time off from work. EMPLOYEES AS INSUREDS _ HEALTH CARE SERVICES Provision 2.a.(1)(d) of WHO tS AN TNSURED (Section ll) is deleted, unless excluded by separate endorse- ment. EXTENDED COVERAGE FOR NEWLY ACQUIRED ORGANIZATIONS Paragraph 6. of LtMtTS OF TNSURANCE (Section ilt) is replaced by the foilowing: 6. Subject to 5. above, the Damage To premises Rented To You Limit is the most we will pay un-der Coverage A for damages because of "property damage', to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To you limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To you Limit. Provision 3.a. of WHO tS AN TNSURED (Section il) is replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. EXTENDED''PROPERTY DAMAGE'' Exclusion a. of COVERAGE A (Section t) is reptaced by the following: a. "Bodily injury', or ,,property damage,, expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury,,or "property damage', resulting from the use ofreasonable force to protect persons or propeny. cG 76 35 02 07 Page 3 of 4 EP AGGREGATE LIMITS OF INSURANCE LOCATION EXTENDED DEFINITION OF BODILY INJURY Paragraph 3. of DEFINITIONS (Section V) is reptaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph B. Transfer Of Rights Of Recovery Against Others To Us of COM- N¡ERCIAL GENERAL LIABILITY CONDTTTONS (Sec- tion lV): We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or '!our work" done under a contract with that person or organízation and included in the "products-completed operations hazard" . This waiver applies only to a person or organization for whom you are required by written contract, agreement or permit to waive these rights of recovery. '"' REPRINTED FROIV1 THE FORI\¡S LIBRARY'*' PER interrupred only by a street, roadway, waterway, or right-of-way of a railroad. INCREASED MEDICAL EXPENSE LIMIT The Medical Expense Limit is amended to 910,000 KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. Duties tn The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY COND IONS (Section lV): Knowledge of an "occurrence", claim or "suit" by your agent, servant or employee shall not in itself constltute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Paragraph 6. Representa- tions of COMMERCIAL cENERAL LtABtLtTy CONDT- TIONS (Section lV): lf you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additionalpremium or exercise our right of cancellation or non-renewal. LIBERALIZATION CLAUSE The following paragraph is added to COMMERCTAL GENERAL LIABILITY CONDTTTONS (Section tV): 10. lf a revision to this Coverage part, which would provide more coverage with no additional pre_ mium, becomes effective during the policy period in the state shown in the Declarations, your pol- icy will automatically provide this additional cov_ erage on the effective date of the revision. For all sums which the insured becomes legally obli- gated to pay as damages caused by ',occurrences" under COVERAGE A (Section t), and for ail medicat expenses caused by accidents under COVERAGE C (Section l), which can be attributed only to operations at a single "location": Paragraphs 2.a. and 2.b. of Limits of lnsurance (Sec- tion lll) apply separately to each of your ,,locations', owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is Page 4 of 4 IMONNNOMMMM I'll, 9 LIA -'strators & Insurance cervices 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 Hill, CT 06067 Date Issued Policy Number Previous Policy Number 12/03/2019 AAI004449-05 AAI004449-04 THIS IS A CLAIMS MADE AND REPORTED POLICY. COVERAGE IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND THEN REPORT- ED TO THE COMPANY IN WRITING NO LATER THAN SIXTY (60) DAYS AFTER EXPIRATION OR TERMINATION OF THIS POLICY, OR DURING THE EXTENDED REPORTING PERIOD, IF APPLICABLE, FOR A WRONGFUL ACT COMMITTED ON OR AFTER THE RETROACTIVE DATE AND BEFORE THE END OF THE POLICY PERIOD. PLEASE READ THE POLICY CAREFULLY. Item 1. Customer ID: 168390 Named Insured: S H & H VALUATION, LLC S H & H Valuation and Consulting 6419 Lakewood Drive West Tacoma, WA 98467 2. Policy Period: From: 12/10/2019 To: 12/10/2020 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: $6,888 .00 9. Forms attached at issue: LIA002 (12/14) LIA WA (11/14) LIA012 (12/14) LIA013 (10/14) LIA018 (10/14) LIA025A (11/14) LIA025B (11/14) LIA122 (10/14) LIA136 (10/14) This Declarations Page, together with the completed and signed Policy Application including all attachments and exhibits thereto, and the Policy shall constitute the contract between the Named Insured and the o any. 12/03/2019 By C Date Authorized Sig ature LIA-001 (12/14) Aspen American Insurance Company