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HomeMy WebLinkAboutCAG2020-270 - Amendment - #1 - SH&H Valuation, LLC - Signature Pointe Levee Riverwood Apartments & WSDOT Easement - 10/27/2020ApprovalOriginator: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 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: SH&H Valuation, LLC CONTRACT NAME & PROJECT NUMBER: Signature Pointe Levee - Riverwood Apartments & WSDOT Easement ORIGINAL AGREEMENT DATE: August 20, 2020 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: No change to the scope of work, however an amendment is necessary to extend the time of completion to June 30, 2021 to allow additional time to complete appraisals. 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, including applicable WSST $9,000 Net Change by Previous Amendments including applicable WSST $0 Current Contract Amount including all previous amendments $9,000 Current Amendment Sum $0 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $9,000 AMENDMENT - 2 OF 2 Original Time for Completion (insert date) 12/31/20 Revised Time for Completion under prior Amendments (insert date) n/a Add’l Days Required (±) for this Amendment 181 calendar days Revised Time for Completion (insert date) 6/30/21 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: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Michael Mactutis, P.E. Its Environmental Engineering Manager (title) DATE: ATTEST: ___________________________ Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department SH&H - Signature Pointe 4 Amd 1/Martindale Chad C. Johnson Partner October 27, 2020 10/27/20 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