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HomeMy WebLinkAboutCAG2022-258 - Original - Willamette Cultural Resource Associates, Ltd. - East Hill North Community Park Archaeological Survey - 06/13/20226/9/22 Chris Hills approved the insurance discrepancy . Okay to sign. C. Schuck CAG2022-258 6/13/22 PROFESSIONAL SERVICES AGREEMENT - 1 (Over $20,000) PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Willamette Cultural Resources Associates, Ltd. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Willamette Cultural Resources Associates, Ltd., organized under the laws of the State of Oregon and doing business in the State of Washington at 655 S. Orcas Street, Suite 220, Seattle, WA 98108 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City: As described in attached Exhibit A, incorporated herein, consultant shall conduct an archaeological survey of the future East Hill North Community Park located at 13417/13427 SE 216th Street. 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 12/31/2022. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $20,420.81 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 established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PROFESSIONAL SERVICES AGREEMENT - 2 (Over $20,000) 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 Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. PROFESSIONAL SERVICES AGREEMENT - 3 (Over $20,000) 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. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. PROFESSIONAL SERVICES AGREEMENT - 4 (Over $20,000) 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 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 last date entered below. All acts consistent with the authority of this Agreement and prior PROFESSIONAL SERVICES AGREEMENT - 5 (Over $20,000) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: Print Name: Its: DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONTRACTOR: Austin Jenkins Willamette Cultural Resource Associates, Ltd. 655 S. Orcas St., Ste 220 Seattle, WA 98108 206-397-1487 (telephone) austin@willamettecra.com (email) NOTICES TO BE SENT TO: CITY OF KENT: Michael Espenan City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5058 (telephone) mespenan@kentwa.gov (email) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk 06/13/2022 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. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 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. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ PROPOSAL Panther Lake Scope of Work Assumptions Assumptions Cost Schedule Project Date: Labor Category Hourly Rate Hours Total Hours Total Hours Total Hours Total Project Manager 160.00$ 0 -$ 0 -$ 2 320.00$ 2 320.00$ Principal Investigator 160.00$ 2 320.00$ 0 -$ 6 960.00$ 8 1,280.00$ Crew Chief 85.00$ 12 1,020.00$ 47 3,995.00$ 20 1,700.00$ 79 6,715.00$ Field Archaeologist 80.00$ 0 -$ 90 7,200.00$ 4 320.00$ 94 7,520.00$ Field Technician 75.00$ 0 -$ 45 3,375.00$ 0 -$ 45 3,375.00$ Technical Editor 90.00$ 0 -$ 0 -$ 1 90.00$ 1 90.00$ GIS Specialist 90.00$ 4 360.00$ 0 -$ 4 360.00$ 8 720.00$ 18 1,700.00$ 182 14,570.00$ 37 3,750.00$ 237 20,020.00$ Description Rate Units Total Units Total Units Total Units Total GPS 35.00$ 0 -$ 5 175.00$ 0 -$ 5 175.00$ Personal Vehicle Use 0.585$ 36 21.06$ 350 204.75$ 0 -$ 386 225.81$ 0 -$ 0 -$ 0 -$ 0 -$ 36 21.06$ 355 379.75$ 0 -$ 391 400.81$ Total Price Description Labor Direct Costs Project Total Archaeological Survey: East Hill North Community Park Valid for 90 days from April 29, 2022 Labor Task 1 Task 2 Total Task 3 Reporting 20,420.81$ Direct Costs Total DC Subtotal 20,020.00$ 400.81$ Background Research, Mobilization, & Project Management Fieldwork Labor Subtotal Exhibit A Project Area EXHIBIT BINSURANCE 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional 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. 2.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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. EXHIBIT B (Continued) 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 Consultant 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. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. N / A SUBR WVD ADDL INSD AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY (Mandatory in NH) LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB COMMERCIAL GENERAL LIABILITY CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD Form SS 00 08 04 05 Page 1 of 24 BUSINESS LIABILITY COVERAGE FORM C G A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. (1) D. (2) b. (1) (a) (b) (c) 1. C. (2) c. 1. C. (1) BUSINESS LIABILITY COVERAGE FORM Page 2 of 24 Form SS 00 08 04 05 (2) (3) d. e. Incidental Medical Malpractice (1) (a) (b) (2) 2. MEDICAL EXPENSES Insuring Agreement a. (1) (2) (3) (1) (2) (3) b. (1) (2) (3) 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. (1) (2) (3) (4) (5) (6) (7) (1)(7) BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 3 of 24 b. (1) (2) (3) (4) (5) (6) (a) (i) (ii) (iii) (iv) (b) (i) (ii) 1.b.(b)B. (1) (2) (6) B. EXCLUSIONS 1. Applicable To Business Liability Coverage a. Expected Or Intended Injury (1) (2) b. Contractual Liability (1) (2) (a) BUSINESS LIABILITY COVERAGE FORM Page 4 of 24 Form SS 00 08 04 05 (b) (i) (ii) c. Liquor Liability (1) (2) (3) d. Workers' Compensation And Similar Laws e. Employer’s Liability (1) (a) (b) (2) (1) (1) (2) f. Pollution (1) (a) (i) (ii) BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 5 of 24 (iii) (b) (c) (i) (ii) (d) (i) (ii) (iii) (e) (2) (a) (b) BUSINESS LIABILITY COVERAGE FORM Page 6 of 24 Form SS 00 08 04 05 g. Aircraft, Auto Or Watercraft (1) (2) (a) (b) (3) (4) (5) f.(2) f.(3) (6) h. Mobile Equipment (1) (2) i. War (1) (2) (3) j. Professional Services (1) (2) (3) (4) (5) (6) (7) BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 7 of 24 (8) (9) (a) (b) (c) (10) (11) (4)(5) 1.e.A. k. Damage To Property (1) (2) (3) (4) (5) (6) (1)(3)(4) D. (2) (3)(4) (3)(4)(5)(6) (3)(4) (6) l. Damage To Your Product m. Damage To Your Work n. Damage To Impaired Property Or Property Not Physically Injured (1) (2) BUSINESS LIABILITY COVERAGE FORM Page 8 of 24 Form SS 00 08 04 05 o. Recall Of Products, Work Or Impaired Property (1) (2) (3) p. Personal And Advertising Injury (1) (2) (3) (4) (5) (6) (7) (a) (b) (c) (8) (a) (b) (c) a.b.c. G. (9) (10) (11) (12) (a) (b) (c) (d) (i) (ii) BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 9 of 24 (13) (14) (15) q. Electronic Data r. Employment-Related Practices (1) (a) (b) (c) (2) (a)(b)(c) (1) (2) s. Asbestos (1) (2) (a) (b) (c) t. Violation Of Statutes That Govern E- Mails, Fax, Phone Calls Or Other Methods Of Sending Material Or Information (1) (2) (3) Damage To Premises Rented To You – Exception For Damage By Fire, Lightning or Explosion c.h.k.o. D. BUSINESS LIABILITY COVERAGE FORM Page 10 of 24 Form SS 00 08 04 05 2. Applicable To Medical Expenses Coverage a. Any Insured b. Hired Person c. Injury On Normally Occupied Premises d. Workers' Compensation And Similar Laws e. Athletics Activities f. Products-Completed Operations Hazard g. Business Liability Exclusions C. WHO IS AN INSURED 1. a. b. c. d. e. 2. a. Employees And Volunteer Workers (1) (a) (b) (1)(a) (c) (1)(a) (b) (d) (d) (2) (a) BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 11 of 24 (b) b. Real Estate Manager c. Temporary Custodians Of Your Property (1) (2) d. Legal Representative If You Die e. Unnamed Subsidiary 3. Newly Acquired Or Formed Organization a. b. (1) (2) 4. Operator Of Mobile Equipment a. b. 5. Operator of Nonowned Watercraft a. b. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit a.f. BUSINESS LIABILITY COVERAGE FORM Page 12 of 24 Form SS 00 08 04 05 F. a. Vendors (1) (a) (b) (c) (d) (e) (f) (g) (h) (i) (d)(f) (ii) (2) b. Lessors Of Equipment (1) BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 13 of 24 (2) c. Lessors Of Land Or Premises (1) (2) (a) (b) d. Architects, Engineers Or Surveyors (1) (a) (b) (2) (a) (b) e. Permits Issued By State Or Political Subdivisions (1) (2) (a) (b) f. Any Other Party (1) a. e (a) (b) (c) (i) (ii) (2) BUSINESS LIABILITY COVERAGE FORM Page 14 of 24 Form SS 00 08 04 05 (a) (b) D. E. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay a. b. c. 2. Aggregate Limits a. b. 3. Each Occurrence Limit 2.a.2.b 4. Personal And Advertising Injury Limit 2.b. 5. Damage To Premises Rented To You Limit 6. How Limits Apply To Additional Insureds a. b. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 15 of 24 3. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense (1) (2) (3) b. Notice Of Claim (1) (2) c. Assistance And Cooperation Of The Insured (1) (2) (3) (4) d. Obligations At The Insured's Own Cost e. Additional Insured's Other Insurance f. Knowledge Of An Occurrence, Offense, Claim Or Suit a.b. (1) (2) (3) (4) (5) (6) BUSINESS LIABILITY COVERAGE FORM Page 16 of 24 Form SS 00 08 04 05 f. 3. Financial Responsibility Laws a. b. 4. Legal Action Against Us a. b. 5. Separation Of Insureds a. b. 6. Representations a. When You Accept This Policy (1) (2) (3) b. Unintentional Failure To Disclose Hazards 7. Other Insurance a. Primary Insurance b. c. b. Excess Insurance (1) Your Work (2) Premises Rented To You (3) Tenant Liability (4) Aircraft, Auto Or Watercraft g. A. (5) Property Damage To Borrowed Equipment Or Use Of Elevators k.A. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 17 of 24 (6) When You Are Added As An Additional Insured To Other Insurance (7) When You Add Others As An Additional Insured To This Insurance (a) Primary Insurance When Required By Contract c. (b) Primary And Non-Contributory To Other Insurance When Required By Contract (a)(b) (1) (2) c. Method Of Sharing 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) BUSINESS LIABILITY COVERAGE FORM Page 18 of 24 Form SS 00 08 04 05 F. OPTIONAL ADDITIONAL INSURED COVERAGES 6. C. 1. Additional Insured - Designated Person Or Organization C. a. b. 2. Additional Insured - Managers Or Lessors Of Premises a.C. b. (1) (2) 3. Additional Insured - Grantor Of Franchise C. 4. Additional Insured - Lessor Of Leased Equipment a.C. b. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a.C. b. (1) (2) 6. Additional Insured - State Or Political Subdivision – Permits a.C. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 19 of 24 b. (1) (2) 7. Additional Insured – Vendors a.C. b. (1) (a) (b) (c) (d) (e) (f) (g) (h) (i) (d)(f) (ii) (2) 8. Additional Insured – Controlling Interest C. a. b. BUSINESS LIABILITY COVERAGE FORM Page 20 of 24 Form SS 00 08 04 05 9. Additional Insured – Owners, Lessees Or Contractors – Scheduled Person Or Organization a.C. (1) (2) b. (1) (2) 10. Additional Insured – Co-Owner Of Insured Premises C. D. E. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. a. (1) (2) (3) (4) (5) b. c. a. b. 2. 3. 4. 5. a. b. c. 6. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 21 of 24 a. b. a. c. (1) a. (2) a (3) 7. a. b. c. 8. 9. 10. 11. a. b. a. b. 12. a D. b. c. d. e. f. f. f. BUSINESS LIABILITY COVERAGE FORM Page 22 of 24 Form SS 00 08 04 05 (1) (a) (b) (2) (1) 13. 14. a. b. c. 15. a. b. c. d. (1) (2) e.a.b.c.d. (1) (2) f.a.b.c.d. (1) (a) (b) (c) (2) (3) 16. 17. a. b. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 23 of 24 c. d. e. f. g. h. 18. 19. a. (1) (2) (a) (b) (c) b. (1) (2) 20. a. b. 21. a. b. 22. 23. a. BUSINESS LIABILITY COVERAGE FORM Page 24 of 24 Form SS 00 08 04 05 b. c. d. 24. a. (1) (a) (b) (c) (2) b. (1) (2) c. 25 a. (1) (2) b. (1) (2) Signature: T���1 7GlylGI�2lGt�l Signature: 8�ca� Lev�n�utAe� Terry Ju gman (Jun , 2022 10:05 PDT) Brian Levenhagen (Jun 2, 2Cn 10:48 PDT) Email: tjungman@kentwa.gov Email: bjlevenhagen@kentwa.gov E-TRANSMITTAL: East Hill North Park Archaeological Survey Agmt. Final Audit Report Created: 2022-06-02 By: Lynn Osborn (losborn@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAuGNPsNptXmpdCkB3sb520s8gn2TBKOQs 2022-06-02 "E-TRANSMITTAL: East Hill North Park Archaeological Survey Agmt." History Document created by Lynn Osborn (losborn@kentwa.gov) 2022-06-02 - 3:31:32 PM GMT- IP address: 146.129.252.126 Document emailed to Terry Jungman (tjungman@kentwa.gov) for signature 2022-06-02 - 3:44:11 PM GMT Email viewed by Terry Jungman (tjungman@kentwa.gov) 2022-06-02 - 5:04:48 PM GMT- IP address: 146.129.252.126 ='a Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date: 2022-06-02 - 5:05:37 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2022-06-02 - 5:05:39 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2022-06-02 - 5:47:31 PM GMT- IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2022-06-02 - 5:48:11 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Austin Jenkins (austin@willamettecra.com) for signature 2022-06-02 - 5:48:14 PM GMT Email viewed by Austin Jenkins (austin@willamettecra.com) 2022-06-02 - 5:48:47 PM GMT- IP address: 97.113.127.152 Document signing delegated to Stephenie Kramer (stephenie@willamettecra.com) by Austin Jenkins (austin@willamettecra.com) 2022-06-02 - 6:52:24 PM GMT- IP address: 97.113.127.152 a Adobe Acrobat Sign Document emailed to Stephenie Kramer (stephenie@willamettecra.com) for signature 2022-06-02 - 6:52:24 PM GMT Email viewed by Stephenie Kramer (stephenie@willamettecra.com) 2022-06-02 - 7:42:12 PM GMT- IP address: 97.126.29.181 E= Document e-signed by Stephenie Kramer (stephenie@willamettecra.com) Signature Date: 2022-06-02 - 7:44:01 PM GMT - Time Source: server- IP address: 97.126.29.181 Agreement completed. 2022-06-02 - 7:44:01 PM GMT 0 Adobe Acrobat Sign