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CAG2022-480 - Original - ASM Affiliates, Inc. - Ruth Property at Clark Lake Park: Cultural Resources Assessment - 12/22/2022
12/19/2022 Okay to sign. CAG2022-480 12/22/22 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and ASM Affiliates THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ASM Affiliates organized under the laws of the State of California, located and doing business at 2034 Corte Del Nogal, Carlsbad, CA 92011 (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: As described in attached Exhibit A, incorporated herein, consultant shall provide cultural resources and assessment, HPI evaluation, and a monitoring for the Ruth Property at Clark Lake Park. 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 $25,000, 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 the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) 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 r 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 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 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 the 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 disa 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 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. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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 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 the cluding all reasonable expert witness fees and 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. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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 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 The C ta, 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 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. 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. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) 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 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. CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) 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: Print Name: Its DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Dave Iversen ASM Affiliates 26231 72nd Ave NW, Suite 201 Stanwood, WA 98292 (360) 572-4870 (telephone) diversen@asmaffiliates.com () NOTICES TO BE SENT TO: CITY OF KENT: Bryan Higgings City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5113 (telephone) bhiggins@kentwa.gov () APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk [In this field, you may enter the electronic filepath where the contract has been saved] 12/22/2022 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 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 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 ) 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 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 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; EEO COMPLIANCE DOCUMENTS - 4 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 By signing below, I agree to fulfill the five requirements referenced above. By:__________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 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 re -Discrimination Policy Declaration, prior to commencing performance. 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 coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these nity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. November 22, 2022 Bryan Higgins Parks Capital Project Manager Park Planning and Dev | Parks, Recreation & Community Services 220 Fourth Avenue South Kent, WA 98032 Re: Proposal to Conduct a Cultural Resources Assessment for the Ruth Property at Clark Lake Park Project (RCO Project Number: 22-1478ACQ) ASM Affiliates, Inc. (ASM) is pleased to present this proposal to conduct an archaeological survey associated with the above referenced project.This proposal includes a brief scope of services to be provided, the estimated cost to complete the services proposed, and a schedule for completion of the project. All services will be provided in compliance with Washington State Recreation and Conservation Office (RCO) and Washington State Department of Archaeology and Historic Preservation (DAHP) standards. Additionally, as the project may include federal funding/permitting in the future all work will comply with Section 106 of the National Historic Preservation Act (NHPA). Scope of Work ASM will document and evaluate the historic period buildings within the project property on DAHP Historic Property Inventory (HPI) reports via the online WISAARD database. Fieldwork will include an intensive survey to examine all exposed ground surfaces for archaeological resources. ASM will conduct subsurface shovel test probe (STP) excavations in accessible areas within the project area. Sediment from STP excavations will be screened through ¼-in. hardware mesh. will be documented on ASM forms, which include provenience location, artifact inventory, information on sediment type and color, termination depth, and general observations. The locations of excavations will be plotted on project maps and included on report quality figures within the technical report. ASM will monitor the demolition of the historic buildings and additional National Register of Historic Places (NRHP) testing recommendations will be made at that time. If additional NRHP subsurface testing is recommended at that time it will be carried out under a separate contract. The results of the assessment will be presented in a technical report with HPI forms provides as appendices. The report will comply with RCO, Section 106 of the NHPA, and DAHP requirements. ASM will submit an electronic copy of the report to you via email and will submit the report and HPI forms to DAHP via the WISAARD online database. ASM will complete appropriate DAHP Inventory Forms for any additional cultural resources encountered during the archaeological survey. However, NRHP eligibility evaluation, data recovery, and/or archaeological monitoring for any additional cultural resources identified is not included in the proposed scope of services or the estimated cost provided. Cost Estimate and Schedule ASM will complete the fieldwork and HPI documentation/evaluation as described above for a fixed-fee cost of $25,000.00. ASM will conduct the fieldwork within six (6) weeks of notice to proceed. ASM will submit the HPI reports within six (6) weeks of fieldwork completion. ASM will conduct archaeological monitoring of demolition activities for a fixed-fee cost of $1,200.00/day. A formal report including fieldwork and monitoring results as well as HPI evaluations will be submitted to you within 60 days of monitoring completion. Re: Proposal to Conduct a Cultural Resources Assessment for the Ruth Property at Clark Lake Park Project (RCO Project Number: 22-1478ACQ) Cost: Cultural Resources Assessment and HPI Evaluation = $25,000.00 Archaeological Monitoring = $1,200.00/Day ($150.00/Hour OT) The following assumptions are included in this estimate and schedule: • A maximum of five (5) historic buildings will require documentation/evaluation; • A maximum of ten (10) STP excavations will be conducted for the fieldwork; • No additional cultural resources will be identified; • A cost of $1,500 would be incurred for the documentation of any additional cultural resources identified; • NRHP evaluation, data recovery, and/or on-site monitoring for any additional cultural resources identified will be performed under a separate contract. • Monitoring will consist of an 8-hour day/40-hour work week. All work above 8/day and/or 40/week will be billed at the overtime rate of $150/hour. Billing invoices will be prepared monthly for work in progress unless otherwise agreed. Invoices are to be paid to ASM Affiliates, Inc. within 30 days after invoice date. Any invoices not paid in 90 days are subject to a service charge of 1.5% per month on the unpaid balance. I hope this proposal provides the information you require and meets with your satisfaction. Should you have any questions, please do not hesitate to contact me. We appreciate the opportunity to work with you on this project. Respectfully, David R. Iversen Senior Archaeologist 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. 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 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) Schedule Person or Organization Job Description (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) WC 04 03 06 IRONSHORE. A Liberty Mutual Company IRONSHORE SPECIALTY INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 Toll Free: (877) IRON411 Endorsement # 11 Policy Number: Effective Date of Endorsement: Insured Name: ASM Affiliates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL AGGREGATE LIMIT AMENDMENT This endorsement modifies insurance provided under the following: ENVIRONMENTAL PROTECTION INSURANCE COVERAGE PACKAGE (EPIC PAC) It is hereby agreed that the policy to which this Endorsement is attached is amended as follows: SECTION III — LIMITS OF INSURANCE AND DEDUCTIBLE, Paragraph 2. is deleted and replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages and emergency response expense under COVERAGE PART I, except damages because of bodily injury, property damage or environmental damage included in the products -completed operations hazard other than damages covered under COVERAGE PART I —Coverage G: Contractors Pollution Liability; b. Damages under COVERAGE PART II; c. Medical expense under COVERAGE PART II; d. Damages, clean-up costs, emergency response expense and legal and claims expense payments under COVERAGE PART III; and e. Damages and legal and claims expense payments under COVERAGE PART IV. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THIS POLICY REMAIN UNCHANGED. Authorized Representative IE.END.EPIC.042 (08/16) includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 1 of 1 "IRONSHORE. A Liberty Mutual Company IRONSHORE SPECIALTY INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 Toll Free: (877) IRON411 Policy Number: Insured Name: ASM Affiliates Endorsement # 12 Effective Date of Endorsement:' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIFIED ADDITIONAL INSURED(S) PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: ENVIRONMENTAL PROTECTION INSURANCE COVERAGE PACKAGE (EPIC PAC) It is hereby agreed that the policy to which this Endorsement is attached is amended as follows: SCHEDULE Name of Additional Insured Person(s) Or Organization(s) Where required by a written contract or agreement executed prior to loss. A. SECTION II —WHO IS AN INSURED, Paragraph 4.e. is amended to specify the entity indicated in the Schedule above as: e. Any person or organization you agree to include as an insured in a written contract, written agreement or permit, but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of your operations, your work, equipment or premises leased or rented by you, or your products which are distributed or sold in the regular course of a vendor's business, however: (1) A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (b) Arising out of any express warranty unauthorized by you; (c) Arising out of any physical or chemical change in the product made intentionally by the vendor; (d) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (e) Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Arising out of demonstration, installation servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product; or (g) Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. IE.END.EPIC.012 (10/14) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 1 of 2 (2) A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant; or (b) Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver. B. SECTION IV — CONDITIONS, Condition 17. Other Insurance, Paragraph a. is amended to specify the entity indicated in the Schedule above as a person or organization you agreed to insure and we will not seek contributions from any such other insurance issued to such person or organization. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THIS POLICY REMAIN UNCHANGED. Authorized Representative IE.END.EPIC.012 (10/14) Includes copyrighted material of insurance Services Offices, Inc. with its permission Page 2 of 2 OIRONSHORE. A Liberty Mutual! Company IRONSHORE SPECIALTY INSURANCE COMPANY 175 Berkeley Street Policy Number: Insured Name: ASM Affiliates Boston, MA 02116 Toll Free: (877) IRON411 Endorsement # 13 Effective Date of Endorsement: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIFIED ENTITY - WAIVER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: ENVIRONMENTAL PROTECTION INSURANCE COVERAGE PACKAGE (EPIC PAC) SCHEDULE Designated Person(s) Or Organization(s) Where required by a written contract or agreement executed prior to loss. SECTION IV — CONDITIONS, Paragraph 22. Transfer of Rights of Recovery Against Others to Us, is amended to include the following as respects the designated person(s) or organization(s) indicated in the Schedule above: In the event of any payment under this policy, we waive our right of recovery against the person(s) or organization(s) indicated in the Schedule above and with whom the insured has waived its right of recovery. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THIS POLICY REMAIN UNCHANGED. Authorized Representative IE.END.EPIC.014 (0509) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 1 of 1 SIRONSHORE. A Liberty Mutual Company IRONSHORE SPECIALTY INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 Toll Free: (877) IRON411 Insured Name: ASM Affiliates Policy Number: ENVIRONMENTAL PROTECTION INSURANCE COVERAGE PACKAGE (EPIC PAC) TABLE OF CONTENTS SECTIONI —COVERAGES ...................................................................................................................... PAGE COVERAGE PART I: COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY ..................................... 2 COVERAGE PART I — Coverage Specific Insuring Agreements and Exclusions ........................................... 2 Coverage A: General Bodily Injury and Property Damage Liability .......................................................... 2 Coverage B: Hostile Fire and Building Equipment Liability....................................................................... 4 Coverage C: Products Pollution and Exposure Liability........................................................................... 5 Coverage D: Time -Element Pollution Bodily Injury and Property Damage Liability .............................. 5 Coverage E: Non -Owned Site Pollution Bodily Injury and Property Damage Liability ........................... 6 Coverage F: Pollution Liability during Transportation............................................................................ 7 Coverage G: Contractors Pollution Liability............................................................................................ 8 COVERAGE PART I — Common Insuring Agreement.................................................................................. 9 COVERAGE PART I —Supplementary Payments........................................................................................ 10 COVERAGE PART I —Common Exclusions................................................................................................... it COVERAGE PART II: MISCELLANEOUS COVERAGES....................................................................................... 14 Coverage A: Personal and Advertising Injury Liability............................................................................. 14 Coverage B: Employee Benefits Administration Liability........................................................................ 16 CoverageC: Medical Payments................................................................................................................ 17 COVERAGEPART II — Supplementary Payments......................................................................................... 18 COVERAGE PART III: SITE POLLUTION INCIDENT LEGAL LIABILITY................................................................. 18 Coverage A: Bodily Injury and Property Damage Liability ....................................................................... 18 Coverage B: First and Third Party On -Site Clean -Up Costs...................................................................... 19 CoverageC: Off -Site Clean -Up Costs........................................................................................................ 20 COVERAGE PART III —Common Exclusions................................................................................................. 21 COVERAGE PART IV — PROFESSIONAL LIABILITY........................................................................................... 23 SECTION II —WHO IS AN INSURED..................................................................................................................... 26 SECTION III — LIMITS OF INSURANCE AND DEDUCTIBLE.................................................................................. 28 SECTIONIV — CONDITIONS............................................................................................................................... 30 SECTION V — DEFINITIONS................................................................................................................................ 36 IE.COV.EPIC.001(05/13) Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 1 of 43 IE.COV.EPIC.001 (05/13) Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 26 of 44 p. Nuclear Material Based upon or arising out of the radioactive, toxic or explosive properties of nuclear material and with respect to which the insured is: (1)Required to maintain financial protection pursuant to the Atomic Energy Act of 1954; (2)Entitled to indemnity from the United States of America or any agency thereof; or (3)An insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of limits. q. Owned Facilities Arising from or in connection with any location which is or was at any time owned, operated, rented, or occupied by you or by any entity that: (1)Wholly or partly owns, operates, manages, or otherwise controls you; or (2)Is wholly or partly owned, operated, managed, or otherwise controlled by you. r. Personal and Advertising Injury Arising out of personal and advertising injury. s. Previously Reported Claim Arising from the same, related or continuous professional incident that was the subject of a claim reported under any policy of which this policy is a renewal or replacement or which it may succeed in time, whether or not such prior policy affords coverage for such claim. t. Prior Professional Incident Arising from any professional incident known to a responsible executive prior to the effective date of the policy period, if such responsible executive knew or could have reasonably foreseen that such professional incident could give rise to damages, claims or suits under this policy. This exclusion does not apply if we have been notified, in writing, of such professional incident giving rise to such damages, claims, or suits during the policy period of a policy previously issued by us. u. Your Product Based upon or arising out of your product. v. Warranties Based upon or arising out of express warranties or guarantees. This exclusion shall not apply if liability would have resulted in the absence of such express warranties or guarantees. w. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. SECTION II – WHO IS AN INSURED 1.If you are designated in the Declarations as: a.An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b.A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c.A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. IE.COV.EPIC.001 (05/13) Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 27 of 44 d.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e.A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2.Any subsidiary, associated, affiliated, allied or limited liability company or corporation, including subsidiaries thereof, of which you have more than 50% ownership interest at the effective date of the policy period qualify as a Named Insured. 3.Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b.Coverage under this policy does not apply to bodily injury, property damage or environmental damage that occurred before you acquired or formed the organization; c.Coverage under this policy does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization; and d.Coverage under this policy does not apply to damages arising out of any act, error or omission or professional incident that took place before you acquired or formed the organization. 4.Each of the following is also an insured: a.Your volunteer workers only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: (1) Bodily injury or personal and advertising injury: (a)To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company); (b)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) above; or (c)Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) Property damage or environmental damage to property owned, occupied or used by, rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b.Any person (other than your employee), or any organization while acting as your real estate manager. c.Any person or organization having proper temporary custody of your property if you die, but only with respect to liability arising out of the maintenance or use of that property and until your legal representative has been appointed. d.Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. e.Any person or organization you agree to include as an insured in a written contract, written agreement or permit, but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of your operations, your work, equipment or premises leased or rented by you, or your products which are distributed or sold in the regular course of a vendor’s business, however: IE.COV.EPIC.001 (05/13) Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 28 of 44 (1)A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a)For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (b)Arising out of any express warranty unauthorized by you; (c)Arising out of any physical or chemical change in the product made intentionally by the vendor; (d)Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (e)Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f)Arising out of demonstration, installation servicing or repair operations, except such operations performed at the vendor’s location in connection with the sale of the product; or (g)Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (2)A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a)Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant; or (b)Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver. f.Any person or organization that has at least a 50% controlling interest in you but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of their financial control of you. SECTION III – LIMITS OF INSURANCE AND DEDUCTIBLE 1.The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a.Insureds; b. Claims made or suits brought; c.Persons or organizations making claims or bringing suits; d. Pollution incidents; e.Acts, errors or omissions; or f.Benefits included in your employee benefit program. 2.The General Aggregate Limit: a.Is the most we will pay for the sum of: (1)Damages and emergency response expense under COVERAGE PART I, except damages because of bodily injury, property damage or environmental damage included in the products-completed operations hazard other than damages covered under COVERAGE PART I – Coverage G: Contractors Pollution Liability; (2)Damages under COVERAGE PART II; (3)Medical expense under COVERAGE PART II; IE.COV.EPIC.001 (05/13) Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 34 of 44 a.We have the right to: (1)Make inspections and surveys at any time; (2)Give you reports on the conditions we find; and (3)Recommend changes. b.We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: (1)Are safe or healthful; or (2)Comply with laws, regulations, codes or standards. This applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 15. Legal Action Against Us No person or organization has a right under this policy: a.To join us as a party or otherwise bring us into a suit asking for damages from an insured; or b.To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 16. Multiple Coverage Sections No claim or suit, or part thereof, for which we have accepted coverage or coverage has been held to apply under one or more Coverages in this policy shall be covered under any other Coverages in this policy. 17. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, regardless of whether b. below applies, in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization you agreed to insure and such person or organization is an insured under this policy, we will not seek contributions from any such other insurance issued to such person or organization b. Excess Insurance (1)This insurance is excess over: (a)Any of the other insurance, whether primary, excess, contingent or on any other basis: (i)That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for your work; (ii)That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii)That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner; or IE.COV.EPIC.001 (05/13) Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 36 of 44 21. Service of Suit Subject to SECTION IV – CONDITIONS, Condition 5. Choice of Forum, it is agreed that in the event of failure of us to pay any amount claimed to be due hereunder, we, at the request of the insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon us and that in any suit instituted against us upon this contract, we will abide by the final decision of such court or of any appellate court in the event of any appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, we hereby designate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of insurance, and hereby designates the above named counsel as the person to whom the said officer is authorized to mail such process or a true copy thereof. 22. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. However, if the insured has waived rights of recovery against any person or organization prior to a loss, we waive any right of recovery we may have under this policy against such person or organization. 23. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. 24. When We Do Not Renew If we decide not to renew, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than ninety (90) days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V – DEFINITIONS 1. Administration means: a.Providing information to employees, including their dependents and beneficiaries, with respect to eligibility for or the scope of employee benefit programs; b.Handling records in connection with the employee benefit program; or c.Effecting, continuing or terminating any employee's participation in any benefit included in the employee benefit program. However, administration does not include handling payroll deductions. 2. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a.Notices that are published include material placed on the Internet or on similar electronic means of communication; and b.Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 3. Auto means: IRONSHORE A Liberty Mutual Company INSURING AGREEMENTS General Bodily Injury and Property Damage Liability (GL) Hostile Fire and Building Equipment Liability Products Pollution and Exposure Liability Time -Element Pollution Bodily Injury and Property Damage Liability Non -Owned Site Pollution Bodily Injury and Property Damage Liability Pollution Liability During Transportation Contractors Pollution Liability Coverage Site Pollution Incident Legal Liability Coverage Professional Liability Coverage (environmental consultants only) Emergency Response Expense (No Legal Liability Required) POLICY FEATURES Occurrence Coverage Trigger Claims Made Coverage Trigger Pay on Behalf Right and Duty to Defend Defense Costs in addition to the Limit of Insurance Defense Costs Outside of the Deductible Audit Provision POLICY ENHANCEMENTS Broad Form Named Insured Blanket Additional Insured - including completed operations (when required by written contract) Blanket Additional Insured - Primary & Non- Contributory(when required by written contract) Additional Insureds: Lessons of Equipment & Premises (when required by written contract) Additional Insureds: Vendors (when required by written contract) r0i�► .4 �0ap Wito (WA Defined Insuring Agreement - Coverage Part I; Coverage A Defined Insuring Agreement - Coverage Part I; Coverage B Defined Insuring Agreement - Coverage Part I; Coverage C Defined Insuring Agreement - Coverage Part I; Coverage D Defined Insuring Agreement - Coverage Part I; Coverage E Defined Insuring Agreement - Coverage Part I; Coverage F Defined Insuring Agreement - Coverage Part I; Coverage G Defined Insuring Agreement - Coverage Part III Defined Insuring Agreement - Coverage Part IV Defined Insuring Agreement: Pollution during Transportation, Contractors Pollution and Site Pollution and Site Pollution Incident Legal Liability (no Legal Liability required) Coverage Parts I & II Coverage Parts III & IV Included Included Yes except for Coverage Parts III & IV Yes except for Coverage Parts III & IV None Included in Section II - Who is an Insured Included in Section II - Who is an Insured Section IV - Conditions; Condition #17.Other Insurance - a. Primary Insurance Included in Section II - Who is an Insured Included in Section II - Who is an Insured Newly Acquired or Formed Organizations (except partnerships, JV's and LLC's) -180 Days Employees & Volunteers as Insureds Leased Workers as Employees and Insureds Misdeliveryof Liquid during Transportation Blanket Non -Owned Disposal Sites Coverage Host Liquor Liability Incidental Medical Malpractice Non -Owned Watercraft (Under 75 ft.) Contractual Liability in connection with work done near Railroad Knowledge of Occurrence (Who is deemed to know of prior occurrences) Notice of Occurrence Blanket Waiver of Subrogation (when required by written contract) Unintentional Errors & Omissions Coverage Territory - General Liability Coverage Territory - Pollution Gulf of Mexico Extension Fellow Employee Exclusion Lead Silica Professional Liability Exclusion New York - Third Party Action Exclusion Per Location and Per Project Aggregate Bodily Injury to include mental anguish, shock or emotional distress Natural Resource Damage Restoration Costs Mold Matter 90 Days Notice of Cancellation (10 days for non-payment of premium) or Non -Renewal Included in Section II - Who is an Insured Included in Section II - Who is an Insured Included in the Definition of Employee Included in the Coverage F - Pollution Liability During Transportation Coverage Part I - Coverage E Exception to Liquor Liability Exclusion - Coverage Part I; Coverage A Exclusions Included in Section II - Who is an Insured No limitation on the length of non owned watercraft in the exception to Exclusion a. Aircraft, Auto, or Watercraft Definition of Insured Contract - no limitations regarding work near a railroad Knowledge is limited to Responsible Executive as defined in the policy (including the named insured, managers of insured sites, managers of environmental, health and safety and other authorized employees) Section IV - Condition 8. Duties in the Event of Occurrence - Named insured must notify as soon as practicable Section IV - Condition 22. Transfer of Rights of Recovery Against Others To Us Section IV - Condition 19. Representations - No policy restrictions as respects failure to disclose US, Puerto Rico, Canada and the Gulf of Mexico. Worldwide Coverage for Products (including Products Pollution). Suit can be brought anywhere. Worldwide Coverage for Transportation, Contractors Pollution and Non -owned sites. Insured sites are per the address of the site Included in the Definition of Coverage Territory The exception to Who is an Insured for BI to a Co -Employee found in the ISO GL Coverage form does not exist in the EPIC Coverage Form No Exclusion as respects Products Pollution and Contractors Pollution No Silica Exclusion No Exclusion in Coverage Part I No Third Party Action Over Exclusion Section III - Limits of Insurance and Deductible Included in the Definition of Bodily Injury Included in the Definition of Property Damage Included in the Definition of Clean -Up Costs Included in the Definition of Pollutants Section IV - Conditions: Condition 3. Cancellation; Condition 24. When We Do Not Renew When considering a long-term insurance partner for your business, please call 1-877-IRON411, visit www.ironshore.com or email: info@ironshore.com 14' A Liberty Mutual Company IRONSHORE Ironshore, a Liberty Mutual Company, provides brokersourcedspecialty property and casualty insurance coverages for varying risks located throughout the world. Select specialty coverages are underwritten at Lloyd's through Ironshore's Pembroke Syndicate 4000.The ronshore group of companies is rated A (Excellent) by A.M. Best with a Financial Size Category of Class XIV and A (Stable) by Standard & Poors. Pembroke Syndicate 4000 operates within Lloyd's where the market rating is A (Excellent) by A.M. Best, AA- (Very Strong) by Fitch, and A+ (Strong) by Standard & Poor's. For more information, please visit: www.ironshore.com. The information contained herein is for general informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any product or service. Any description set forth herein does not include all policy terms, conditions and exclusions. Bound insurance policies, rather than summaries thereof, govern. Not all insurance coverages or products are available in all states or regions and policyterms may vary based on individual state or region requirements. Some policies may be placed with a surplus lines insurer. Surplus lines insurers generally do not participate in state guaranty funds and coverage may only be obtained through duly licensed surplus lines brokers. 03/I8 Signature: Terry Jurg an (De `n, 2022 10 OPST) Email: tjungman@kentwa.gov Signature: L9- Email: rlashley@kentwa.gov Signature: Brian Levenhagen (Dec 13,2tU14:27 PST) Email: bjlevenhagen@kentwa.gov ASM Affiliates -Cultural Resources Assessment Final Audit Report Created: 2022-12-09 By: KateLynn Jennings (kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAxgLVmZ6GyIAMtro4bMkMg7Kelvg3OzOL 2022-12-15 "ASM Affiliates -Cultural Resources Assessment" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2022-12-09 - 3:27:35 PM GMT- IP address: 146.129.252.126 Document emailed to tjungman@kentwa.gov for signature 2022-12-09 - 3:34:53 PM GMT Email viewed by tjungman@kentwa.gov 2022-12-12 - 6:29:37 PM GMT- IP address: 146.129.252.126 Signer tjungman@kentwa.gov entered name at signing as Terry Jungman 2022-12-12 - 6:30:02 PM GMT- IP address: 146.129.252.126 ca Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date: 2022-12-12 - 6:30:04 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-12-12 - 6:30:05 PM GMT 3 Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-12-12 - 9:43:51 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-12-12 - 9:47:10 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to bjlevenhagen@kentwa.gov for signature 2022-12-12 - 9:47:12 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2022-12-13 - 10:26:20 PM GMT- IP address: 146.129.252.126 EY Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2022-12-13 - 10:27:23 PM GMT- IP address: 146.129.252.126 Powered by r � Adobe T Acrobat Sign E= Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2022-12-13 - 10:27:25 PM GMT - Time Source: server- IP address: 146.129.252.126 - Document emailed to diversen@asmaffiliates.com for signature 2022-12-13 - 10:27:27 PM GMT s Email viewed by diversen@asmaffiliates.com 2022-12-15 - 3:48:36 PM GMT- IP address: 24.113.9.239 E= Signer diversen@asmaffiliates.com entered name at signing as Dave Iversen 2022-12-15 - 3:50:32 PM GMT- IP address: 24.113.9.239 E= Document e-signed by Dave Iversen (diversen@asmaffiliates.com) Signature Date: 2022-12-15 - 3:50:34 PM GMT - Time Source: server- IP address: 24.113.9.239 Agreement completed. 2022-12-15 - 3:50:34 PM GMT Powered by r � Adobe T Acrobat Sign