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HomeMy WebLinkAboutCAG2022-450 - Original - Farallon Consulting, LLC - Mill Creek Reestablishment Phase I Site Assessment - 12/5/2022Ap p r o v a l Originator:Department: Date Sent:Date Required: Director or Designee to Sign. Interlocal Agreement Uploaded to Website Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Comments: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n Vendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes 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. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) CONSULTANT SERVICES AGREEMENT between the City of Kent and Farallon Consulting, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Farallon Consulting, LLC organized under the laws of the State of Washington, located and doing business at 1809 7th Avenue, Suite 1111, Seattle, WA 98101, Phone: (425) 295-0813, Contact: Tina Huff (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall conduct a Phase I Environmental Site Assessment for the Mill Creek Reestablishment project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. The Consultant 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. The Consultant shall complete the work described in Section I by December 31, 2023. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Four Thousand, Four Hundred Fifty Dollars ($4,450), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant 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 Consultant. If CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) the Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant 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 Consultant 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 Consultant maintains and pays for its own place of business from which the Consultant’s services under this Agreement will be performed. C. The Consultant 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 Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant 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 Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant 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 thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. 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. CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) Notwithstanding other provisions of this section, the Consultant 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 Consultant 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 Consultant 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 Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. VIII. INDEMNIFICATION. The Consultant 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 Consultant'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 Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant 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 Consultant’s part, then the Consultant 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 Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant 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. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant 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. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant 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. XIV. 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. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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 Consultant. 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. All of the above documents are hereby made a part of this Agreement. However, 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. Compliance with Laws. The Consultant 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 Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant 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 Consultant 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 Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. 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 to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: •�'�`� to 6LW--"\ Print Name: Tina Huff CITY OF KENT: By: CA 64�� Print Name: Carla Maloney, P.E. Its: Design Engineering Manager DATE: I �j5WY\--- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Tina Huff Chad Bieren, P.E. Farallon Consulting, LLC City of Kent 1809 7t" Avenue, Suite 1111 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (425) 295-0813 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) ATTEST: /j . k4, tA Kent City Clerk Farallon Consulting - Mill Creek Reestablishment 3/Dahl CONSULTANT SERVICES AGREEMENT - 6 ($20, 000 or Less) EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964).  Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as “the Acts and Regulations”. The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 2 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter “Contractor”) will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington’s Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor’s contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 3 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; v. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); x. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 8. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. .ti By: For: Farallon Consulting, L.L.C. Date: Decemher 2, 2022 EEO COMPLIANCE DOCUMENTS - 4 EEO COMPLIANCE DOCUMENTS - 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City’s Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City’s Title VI coordinator, and perform 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. Washington Issaquah | Bellingham | Seattle Oregon Portland | Baker City California Oakland | Irvine \\edgefs02\projects\2264 City of Kent\2264002 Central Ave N\Admin\Contracts\Ph I ESA\2264-002 PH I ESA pro ltr.docx Your Challenges. Our Priority. | farallonconsulting.com November 21, 2022 Melissa Dahl City of Kent Office of the Mayor 220 Fourth Avenue South Kent, Washington 98032 RE: PROPOSAL FOR PHASE I ENVIRONMENTAL SITE ASSESSMENT 1020 CENTRAL AVENUE NORTH KENT, WASHINGTON FARALLON PN: 2264-002 Dear Melissa Dahl: Farallon Consulting, L.L.C. (Farallon) has prepared this proposal to conduct a Phase I Environmental Site Assessment (Phase I ESA), and the other services described herein, of the property at 1020 Central Avenue North in Kent, Washington (herein referred to as the Subject Property). Farallon understands that this Phase I ESA is being prepared for the City of Kent (Client and “User” of this Phase I ESA). This proposal presents a brief description of Farallon’s understanding of the Subject Property based on information provided at the time of this proposal, a discussion of the scope of work, and the cost estimate to conduct the work. The Subject Property consists of an undeveloped 0.65-acre portion King County Parcel No. 1822059363, which totals 6.99 acres of land. The historical uses of the Subject Property are unknown. Farallon was not provided with previous environmental investigations completed for the Subject Property at the time of this proposal. PURPOSE AND OBJECTIVE The purpose of the Phase I ESA is to identify recognized environmental conditions to the extent feasible, pursuant to the processes outlined in ASTM International Standard E1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ASTM E1527-13), and to evaluate other environmental issues in connection with the Subject Property. ASTM E1527-13 is intended to permit a user to satisfy one of the requirements to qualify for protection from potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act as the innocent landowner, contiguous property owner, or bona fide prospective purchaser. ASTM E1527-13 constitutes “all appropriate inquiry” into the previous ownership, uses, and environmental conditions of a property consistent with good commercial or customary practice, as defined in Section 9601(35)(B) of Title 42 of the U.S. Code. The objectives of the Phase I ESA are to perform an appropriate inquiry into past and present ownership and uses of the Subject Property, consistent with good commercial and/or customary practice; and to support the Client in its potential acquisition of the Subject Property. The results from the Phase I ESA will be used to evaluate whether any further investigation is warranted. The EXHIBIT A City of Kent November 21, 2022 Page 2 \\edgefs02\projects\2264 City of Kent\2264002 Central Ave N\Admin\Contracts\Ph I ESA\2264-002 PH I ESA pro ltr.docx Your Challenges. Our Priority. | farallonconsulting.com report that Farallon will prepare documenting the Phase I ESA work and results can be used as a risk management tool to fulfill all-appropriate-inquiry requirements and the Comprehensive Environmental Response, Compensation, and Liability Act liability defense. This Phase I ESA also will satisfy the requirements of ASTM E1527-21. SCOPE OF WORK The scope of work for environmental due diligence services will be conducted under the following tasks: • Task 1: Project Management and Communications; • Task 2: Phase I Environmental Site Assessment; A description of work under each task is provided below. TASK 1: PROJECT MANAGEMENT AND COMMUNICATIONS Task 1 includes project management duties such as budgeting, scoping, allocating personnel resources, meetings, calls, subcontracting, progress reporting, communications with Client and legal counsel, document management, invoicing, and other administrative tasks. The estimated time and materials cost to complete Task 1 is $500. TASK 2: PHASE I ENVIRONMENTAL SITE ASSESSMENT Farallon will conduct the Phase I ESA in accordance with ASTM E1527-13. The Phase I ESA also will satisfy the requirements of ASTM E1527-21. The scope of work for the Phase I ESA will include the subtasks described in further detail below. Records Review Farallon will obtain and review the following standard environmental record source lists: Federal and State Approximate Search Distance (Miles from the Subject Property) • National Priority List (NPL) 1.0 • Resource Conservation and Recovery Act (RCRA) Corrective Action Treatment, Storage, and Disposal (TSD) 1.0 • State-Equivalent NPL/Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) 0.5 • SPILLS Subject Property • Non-RCRA Corrective Action Report 0.5 City of Kent November 21, 2022 Page 3 \\edgefs02\projects\2264 City of Kent\2264002 Central Ave N\Admin\Contracts\Ph I ESA\2264-002 PH I ESA pro ltr.docx Your Challenges. Our Priority. | farallonconsulting.com Federal and State Approximate Search Distance (Miles from the Subject Property) • National CERCLIS/No Further Remedial Action Planned 0.5 • RCRA-Permitted TSD 0.5 • Leaking Underground Storage Tanks 0.5 • Landfills 0.5 • Institutional Controls/Engineering Controls 0.5 • Tribal Lands 0.5 • Voluntary Cleanup Program 0.5 • Brownfields 0.5 • Registered Underground Storage Tanks Subject Property and adjoining properties • RCRA Generators: Small Quantity Generators and Large Quantity Generators Subject Property and adjoining properties • Federal Emergency Response Notification System Subject Property Farallon is unable to determine at the time of this proposal whether a regulatory file review is needed for the Subject Property and/or adjoining properties. If the Subject Property and/or adjoining properties are listed on regulatory databases reviewed, regulatory files will be reviewed within the time and cost constraints of this Phase I ESA. Local Information obtained from the above federal and state sources will be enhanced and supplemented by a review of pertinent information from local sources, which may include: • The fire department; • The health department; • The regional pollution control agency(ies); and/or • Utility companies (for records relating to polychlorinated biphenyls [PCBs]). Physical Setting Evaluation A current U.S. Geological Survey (USGS) 7.5-minute topographic map will be reviewed in evaluating the physical setting of the Subject Property. The physical setting will be evaluated further through use of the following additional sources: • USGS or state geological survey groundwater maps; City of Kent November 21, 2022 Page 4 \\edgefs02\projects\2264 City of Kent\2264002 Central Ave N\Admin\Contracts\Ph I ESA\2264-002 PH I ESA pro ltr.docx Your Challenges. Our Priority. | farallonconsulting.com • USGS or state geological survey bedrock geology maps; • State geological survey surficial geology maps; and/or • Soil Conservation Service soil maps. Historical Use Information Previous occupancy and/or uses of the Subject Property will be evaluated from 1940 to the present (and prior to 1940 if readily available) by reviewing one or more of the following standard historical information sources: • Aerial photographs • Building department records • City directories • Fire insurance maps • Property tax files • Recorded land title records • Zoning land use records The actual records or sources reviewed may vary, depending on whether they are reasonably ascertainable, practically reviewable, useful, and/or within imposed cost and/or time constraints. If information sources do not identify uses back to 1940, uses back to the earliest date of identified development will be evaluated. Site Reconnaissance A site reconnaissance will be conducted at the Subject Property to obtain information pertaining to the likelihood of existing recognized environmental conditions associated with the Subject Property. The site reconnaissance will consist of systematically traversing the Subject Property to provide an overlapping field of view. Conditions such as snow, heavy vegetation, or property size that limit visibility or access will be noted in the Phase I ESA Report that Farallon will prepare. In general, if visibility or access limitations are encountered, the site reconnaissance will be restricted to the perimeters of the Subject Property, and to areas such as paths and roadways that are readily accessible for Subject Property observations. Farallon is not responsible for removing physical obstructions encountered during the reconnaissance. The site reconnaissance will include observation of visible and readily accessible areas. Subject Property improvements such as structures or buildings, including outbuildings, will be entered for reconnaissance purposes, unless access is limited or safety concerns preclude entry. The site reconnaissance will not include hidden areas that would require destructive access, such as spaces under floors, above ceilings, or behind walls. The site reconnaissance will not include accessing the roof tops of structures unless the Subject Property representative has confirmed the storage and use of hazardous substances and/or petroleum products in these areas. Farallon will observe roof tops only if stairs (not ladders) provide access to these areas. Arranging for access to the Subject Property (such as notifying tenants) is the responsibility of the Client, and should be completed prior to the commencement of the site reconnaissance. City of Kent November 21, 2022 Page 5 \\edgefs02\projects\2264 City of Kent\2264002 Central Ave N\Admin\Contracts\Ph I ESA\2264-002 PH I ESA pro ltr.docx Your Challenges. Our Priority. | farallonconsulting.com Where appropriate, observations and notes concerning the following areas will be made during the site reconnaissance: • The Subject Property setting and current and past uses; • Improvements (e.g., structures, roads, utilities); • Topographic, geologic, hydrogeologic, and hydrologic conditions; • Odors (e.g., strong, pungent, noxious); • Drains and sumps; • Stains and corrosion; • Storage tanks, vents, fill pipes, and access ways; • Drums and other containers of hazardous substances, petroleum products, and unknown substances; • Hazardous materials and petroleum products; • Hazardous waste; • Potentially PCB-containing equipment; • Pits, ponds, and lagoons; • Stressed vegetation; and • Solid waste, wastewater, water wells, and septic systems. Visual observations of current Subject Property uses and environmental conditions will be made where apparent. Where possible, photographs will be taken to document observations. Adjoining properties will be observed from the Subject Property and public rights-of-way, but will not be traversed. Client Responsibilities Farallon understands that the Client (User) is seeking to follow the standards set forth in ASTM E1527-13 to complete an environmental assessment of the Subject Property. The Phase I ESA also will satisfy the requirements of ASTM E1527-21. To fulfill ASTM E1527-13 and ASTM E1527-21 requirements, the User has specific responsibilities to help identify the possibility of recognized environmental conditions in connection with the Subject Property. These responsibilities do not require the technical expertise of an environmental professional, and will not be performed by the environmental professional who completes the Phase I ESA at the Subject Property. To facilitate fulfillment of ASTM E1527-13 and ASTM E1527-21 requirements, Farallon will provide the Client with a Phase I Environmental Site Assessment User Questionnaire to be completed and returned to Farallon before the Phase I ESA commences. City of Kent November 21, 2022 Page 6 \\edgefs02\projects\2264 City of Kent\2264002 Central Ave N\Admin\Contracts\Ph I ESA\2264-002 PH I ESA pro ltr.docx Your Challenges. Our Priority. | farallonconsulting.com The Client should provide the following documents to Farallon, if available for the Subject Property: • As-built drawings, Subject Property utility plans, title reports, and/or property boundary surveys; • Previous environmental reports completed for the Subject Property, including environmental site assessment reports, environmental compliance audit reports, geotechnical studies, and/or risk assessments; • Environmental permits, including solid waste disposal permits, hazardous waste disposal permits, wastewater permits, National Pollutant Discharge Elimination System permits, and/or underground injection permits; • Safety data sheets; community right-to-know plan; safety plans; preparedness and prevention plans; spill prevention, countermeasure, and control plans; facility response plans, etc.; hazardous waste generator notices or reports; and/or • Notices or other correspondence from any government agency relating to past or current violations of environmental laws with respect to the Subject Property and/or relating to environmental liens encumbering the Subject Property. Review of documents that are provided 10 or more business days after project authorization and/or at any time after Farallon submits the draft Phase I Report to the Client may result in additional time and materials costs in excess of the proposed costs. Interviews Interviews with the following individuals may be conducted by telephone, in writing, or in person to obtain information pertaining to recognized environmental conditions in connection with the Subject Property and adjoining properties: • Subject Property manager and/or property owner; • Occupants and/or tenants; and/or • Local government officials. The lump-sum cost to complete Task 2 is $3,950. PROFESSIONAL FEES AND SCHEDULE Based on the proposed scope of work described above, the estimated cost to complete the scope of work is $4,450. Estimated costs for tasks to be conducted on a time and materials basis are in accordance with Farallon’s November 2022-2023 Schedule of Charges I. The costs for each task are summarized below. City of Kent November 21, 2022 Page 7 \\edgefs02\projects\2264 City of Kent\2264002 Central Ave N\Admin\Contracts\Ph I ESA\2264-002 PH I ESA pro ltr.docx Your Challenges. Our Priority. | farallonconsulting.com Task Cost 1. Project Management $500 Time & Materials 2. Phase I ESA $3,950 Lump Sum Estimated Total $4,450 These costs are based on the understanding that Farallon’s access to the Subject Property and Subject Property documents is not limited, and that Subject Property personnel are able to provide detailed and accurate information regarding Subject Property activities in a timely manner. Regulatory file reviews and previous environmental report reviews requiring more than 2 hours will be billed as time and material upon receiving authorization from the Client. Print copies of the report are available on request for an additional $50 per copy. Farallon will conduct one site reconnaissance of the Subject Property as part of the Phase I ESA. Multiple site reconnaissance visits will be billed as time and materials in addition to the lump-sum costs for the Phase I ESA (Task 2). The cost estimate provided herein is valid for 30 calendar days from the date of this proposal. If deemed necessary, Farallon will request and review regulatory files for the Subject Property and/or properties in the vicinity of the Subject Property within the time and cost constraints of the Phase I ESA. As defined in ASTM E1527-13, if the Environmental Professional determines that review of regulatory files is necessary to satisfy the requirements of ASTM E1527-13 and ASTM E1527-21, and the Client elects not to have the review conducted, the insufficient regulatory information will be identified in the Phase I ESA Report as a data gap. Farallon will initiate the proposed scope of work immediately upon receiving written authorization to proceed. Farallon will provide an electronic copy of the Phase I ESA Report within approximately 20 business days of receiving written authorization to proceed, barring delays due to circumstances beyond Farallon’s reasonable control. The Phase I ESA Report will be prepared for the sole use of the Client. Please be advised that Farallon limits third parties’ right to rely on the report. Farallon may issue a letter granting the right to rely on terms Farallon has pre-approved. However, in no case will Farallon grant reliance to the Small Business Administration. Farallon is not obligated to provide reliance and all requests for the right to rely should be discussed before the scope of work is initiated. The project fee is based on project conditions and the scope of work described in this proposal. Variations in the Subject Property description, scope of work, and/or project schedule as defined herein may require modification of the fee, project schedule, and/or respective report contents. If any of these conditions are modified during implementation of this project, no change in the scope of work defined herein will be initiated without authorization from the Client. The Client is responsible for obtaining access to the Subject Property for Farallon to perform the assessment. City of Kent November 21, 2022 Page 8 \\edgefs02\projects\2264 City of Kent\2264002 Central Ave N\Admin\Contracts\Ph I ESA\2264-002 PH I ESA pro ltr.docx Your Challenges. Our Priority. | farallonconsulting.com CLOSING Farallon will conduct the scope of work described above in accordance with the terms and conditions of a mutually agreed-upon services agreement to be provided by the City of Kent. To proceed with the scope of work described herein, please provide the appropriate contractual documents for Farallon’s review and signature. Farallon will proceed with the scope of work upon receipt of the fully executed services agreement. Additional work conducted at the Site will be authorized by preparation of specific proposals. Farallon appreciates the opportunity to provide the Client with this proposal. Please contact Tina M. Huff at (425) 295-0800 if you have questions or comments regarding this proposal. Sincerely, Farallon Consulting, L.L.C. Stephen Gaynier Project Environmental Scientist Tina M. Huff, R.E.P.A. Principal Regulatory Specialist Attachment: November 2022-2023 Schedule of Charges I SG/TH:ca PERSONNEL Principal $319 /hour Principal I $292 /hour Principal II $265 /hour Senior I $238 /hour Senior II $227 /hour Associate I $208 /hour Associate II $192 /hour Project I $184 /hour Project II $173 /hour Staff I $146 /hour Staff II $135 /hour Technician $114 /hour Senior Analyst $227 /hour Associate Analyst $186 /hour Project Analyst $165 /hour Staff Analyst $154 /hour GIS Analyst $186 /hour GIS Technician $154 /hour Senior CAD Technician $152 /hour CAD/Graphics Technician $138 /hour Technical Editor $132 /hour Project Assistant $116 /hour Clerical/Support $94 /hour Legal Testimony and Deposition 50% premium on labor EXPENSES Subcontractors (Labor and Services)Cost + 15% Direct Expenses Cost + 15% Lodging/Meals Per Diem Cost + 15% OR $250/day Report Production Expenses Cost + 15% Vehicle Mileage IRS rate per mile + 15% NOVEMBER 2022-2023 SCHEDULE OF CHARGES I Unless otherwise agreed, Farallon Consulting, L.L.C. reserves the right to make reasonable adjustments to rates herein. Confidential 1 of 2 FIELD INSTRUMENTS AND EQUIPMENT Air Gauge/Sensor Kit $55 /day $220 /week AS/SVE/SSD Pilot Test Kit $405 /day $1,620 /week Bladder Pump $185 /day $740 /week EOS Field Data Collection Unit $130 /day $520 /week Unmanned Aircraft System $290 /day $1,160 /week Unmanned Aircraft System and Hi-Resolution GPS $690 /day $2,760 /week Field Tool Kit, H.D.$30 /day $120 /week Field Truck Fluorometer/DO Meter $60 /day $240 /week Gastec System $25 /day $100 /week Hand Auger and Extensions $60 /day $240 /week Helium Detector $130 /day $520 /week Hi-Resolution GPS Unit $230 /day $920 /week Level C PPE $90 /day $360 /week Level D PPE $25 /day $100 /week Magnetic Locator $90 /day $360 /week Mini Air Pump $45 /day $180 /week 4-Gas Meter $65 /day $260 /week Peristaltic Pump $75 /day $300 /week Pipe Camera $190 /day $760 /week pH Meter $20 /day $80 /week Photoionization Detector $105 /day $420 /week Rotary Hammer $65 /day $260 /week Sampling/Decon Kit $60 /day $240 /week Slide Hammer/Sampler $25 /day $100 /week Whale Pump $50 /day $200 /week Surveying Equipment $90 /day $360 /week Swing Sampler $15 /day $60 /week Traffic Control $25 /day $100 /week Turbidity Meter $35 /day $140 /week Vapor Intrusion Sampling Kit $60 /day $240 /week Water Level Meter $30 /day $120 /week Water Quality Test Kit $25 /day $100 /week YSI/Horiba Multiparameter Meter $150 /day $600 /week CONSUMABLE FIELD SUPPLIES UNIT Bladders $25 /each Disposable Bailers $20 /each Gastec Detection Tubes $25 /each Padlocks $20 /each Tedlar Bags $20 /each Tyvek Suits $15 /each Vapor Pin $140 /each Waste Disposal Drum $105 /each Water Sample Field Filter $25 /each Well Caps $20 /each DAILY RATE WEEKLY RATE $90 + $.75 per mile $360 + $.75 per mile Confidential 2 of 2 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 $2,000,000 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 $2,000,000 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. 1 of 10 (KRC00) CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) 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 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). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12/02/2022 Parker, Smith & Feek, LLC. 2233 112th Avenue NE Bellevue, WA 98004 425-709-3600 425-709-7460 Allied World Assurance (U.S.), Inc. Farallon Consulting LLC 975 5th Avenue NW Issaquah, WA 98027 Allied World Specialty Ins Co A X 1,000,000 8 8 8 8 03129318 06/21/2022 06/21/2023 500,000 25,000 1,000,000 2,000,000 2,000,000 B 1,000,000 8 X 60001159 06/21/2022 06/21/2023 A 8 9,000,000 8 X 9,000,000 8 10,000 03129319 06/21/2022 06/21/2023 A 806/21/2022 06/21/2023 1,000,000 03129318 ** WA Stop Gap/Employers Liability 1,000,000 1,000,000 A Professional Liability Professional/Pollution Liability 03129318 06/21/2022 06/21/2023 $1,000,000 Occ/Incident and Aggregate Farallon Client ID: 2264 City of Kent is an additional insured on the general liability, automobile, and excess liability policies per the attached endorsements/forms... (See Attached Description) City of Kent 220 Fourth Avenue South Kent, WA 98032 2 of 10 (KRC00) DESCRIPTIONS (Continued from Page ) 1 . Coverage is primary and non-contributory on the general liability, automobile, and excess liability policies per the attached endorsements/forms. 3 of 10 (KRC00) Endorsement No: This endorsement, effective: forms a part of Policy No: lssued to: by: Title: Date: - {-t-l/t "- 27 June 21,2021 (a|12:01 A.M. standard time at the address of the Named lnsured as shown in ltem 1. of the Declarations) 031 2-931 I Farallon Consulting LLC Allied World Assurance Company (U.S.) lnc. ADDITIONAL INSURED - O\A/NERS. LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION SCHEDULE Name of Additional lnsured Person(s) or Orqanization(s): Location(s) of Covered Operations Blanket where required bv written contract.Blanket where required bV written contract. Solely with respect to insurance afforded under SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, it is agreed that the following changes are made to the policy: A. Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the above Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions of this policy remain unchanged. By: Joseph Cellura President, North American Casualty Division July 23,2021 FC Manu C Page 1 of 1 lncludes copyrighted material of lnsurance Services Offices, lnc. with its permission 4 of 10 (KRC00) Endorsement No: This endorsement, effective forms a part of Policy No: lssued to: by: 26 June 21,2021 (at 12:01 A.M. standard time at the address of the Named lnsured as shown in ltem 1. of the Declarations) 031 2-931 I Farallon Consulting LLC Allied World Assurance Company (U.S.) lnc. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION SCHEDULE Solely with respect to insurance afforded under SECTION l- COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and GoVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, it is agreed that the following changes are made to the poticy: A. Section ll - Who ls An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the above Schedule, but only with respect to liability for "bodily inlury,', "property.dam?-ge" or "personal and advertising injury" arising out of "your work" performed liy yiru'oion your behalf at the location designated and described in the Schedule of tnis endo-rs'ement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broadei than that which you are required by the contract or agreement to provide for such additional insured. B reds, the following is added to SECTION III- LIMITS OF INSURANCE: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or2. Available under the applicable Limits of lnsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. FC Manu B Page 1 of2 lncludes copyrighted material of lnsurance Services Offices, lnc. with its permission \Mth respect to the insurance afforded to these additional insu Nam e of Additional lnsured Person(s) or Organization(s) Location(s) and and Description(s) of Your Work rations Blanket where ired written contract.Blanket where ired by written contract. 5 of 10 (KRC00) All other terms and conditions of this policy remain unchanged By: Title: Date: Joseph Gellura President, North American Gasualty Division July 23,2021 FC Manu B Page 2 of 2 lncludes copyrighted material of lnsurance Services Offices, lnc. with its permission. 6 of 10 (KRC00) Endorsement No: This endorsement, effective: forms a part of Policy No lssued to: by: By: Title: Date: 7*t* d" f . **M 33 June 21,2021 (at 12'.01 A.M. standard time at the address of the Named lnsured as shown in ltem 1. of the Declarations) 031 2-931 8 Farallon Consulting LLC Allied World Assurance Company (U.S.) lnc. ADDITIONAL INSURED - PRIMARY COVERAGE SCHEDULE Name Of Person Or Organization: Blanket Where Required by Written Contract or Agreement lnfol4ation required to complete this Schedule, if not shown above, will be shown in the Declarations It is hereby agreed that Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the above Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations performed for the Additional lnsured by or for you. This does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of, or for defects furnished by the additional insured. As respects the coverage afforded the additional insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent, or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. All other terms and conditions of this policy remain unchanged. Joseph Cellura President, North American Casualty Division August 3,2021 ENV-PEP 00006 00 (03/12) Page 1 of 1 lncludes copyrighted material of lnsurance Services Offices, lnc. with its permission 7 of 10 (KRC00) COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT . SCHEDULE This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM SECTION ll- LIABILITY COVERAGE, Paragraph A. Coverage, Subparagraph 1. Who ls An lnsured is amended to include the following additional provision: The person(s) or organization(s) shown in the Schedule below is an additional "insured", but solely to the extent that you become obligated to include such person(s) or organization(s) as an additional "insured" under this policy as a result of any written contract or written agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, and solely with respect to liability arising out of the use of a covered "auto". However, the insurance provided will not exceed the lesser of: a. The coverage and/or limits of this policy; or b. The coverage and/or limits required by said written contract or written agreement. Schedule: Person(s) or Organization(s): Blanket Basis - Where required by written contract that is executed prior to loss cA ooo44 o0 (05/17)Page 1 of 1 8 of 10 (KRC00) COMMERCIAL AUTO cA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other lnsurance Condition in the Business Auto Coverage Form and the Other lnsurance - Primary And Excess lnsurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named lnsured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other lnsurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named lnsured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". cA 04 49 11 16 @ lnsurance Services Office, Inc.,2016 Page 1 of 1 9 of 10 (KRC00) ffi,ALLIEtrIvtfc!FILtrT ENVIRONMENTAL COMMERCIAL UMBRELLA POLICY CERTAIN PROVISIONS IN THIS POLICY RESTRICT COVERAGE. PLEASE READ THE ENTIRE POLICY CAREFULLY TO DETERMINE WHAT IS COVERED AND WHAT IS NOT COVERED UNDER THE POLICY AND TO KNOW WHAT YOUR RIGHTS AND DUTIES ARE UNDER THE POLICY. Throughout this policy the words "you" and "your" refer to the Named lnsured shown in the Declarations and all other persons or organizations qualifying as Named lnsureds under this policy. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such in underlying insurance. Defined terms, other than headings, appear in bold face type. Refer to SECTION Vll - DEFINITIONS. ln consideration of the payment of the premium, and in reliance upon the statements and information in the Application we agree with you as follows: SECTION I -- COVERAGES COVERAGE A. - EXCESS FOLLOWNG FORM LIABILITY INSURANCE We will pay on behalf of the insured that portion of ultimate net loss in excess of the retained limit which the insured becomes legally obligated to pay as damages because of bodily injury, property damage, personal and advertising injury, environmental damage or emergency response expense to which this insurance applies, due to: Liability imposed upon the insured by law or Liability assumed by the insured under an insured contract. This Coverage A. applies to ultimate net loss resulting from bodily injury, property damage, personal and advertising injury, environmental damage or emergency response expense only if and to the extent covered by underlying insurance The insurance afforded under this Coverage A. is subject to the same insuring agreements, exclusions, definitions and conditions contained in the underlying insurance in effect on the inception date of this policy, except as to premium, duty to defend, limits of liability and notice, and except as to any other provisions in this policy inconsistent with those in the underlying insurance. COVERAGE B. _ UMBRELLA LIABILITY INSURANCE We will pay on behalf of the insured that portion of ultimate net loss in excess of the retained limit which the insured becomes legally obligated to pay as damages because of bodily injury, property damage and personal and advertising injury to which this insurance applies, due to: 1. Liability imposed upon the insured by law or 2. Liability assumed by the insured under an insured contract. This Coverage B. applies to ultimate net loss resulting from 1 2 1 Bodily injury and property damage caused by an occurrence happening anywhere in the world, provided the bodily injury or property damage occurs during the policy period; or ENV-UMB 00003 00 (02112) Page 1 of 13 lncludes copyrighted materialof lnsurance Services Offices, lnc. with its permission 10 of 10 (KRC00)2 of 4 (SZ000) THIS PAGE INTENTIONALLY LEFT BLANK