Loading...
HomeMy WebLinkAboutCAG2023-156 - Original - KPG Psomas, Inc. - Naden Ave Trail Interurban Trail Improvements - 03/14/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: 7,17 Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: 31 KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: KateLynn Jennings for Terry Jungman Parks, Recreation & Community Services Date Sent: Date Required: > 3/3/2023 Soonest possible please O Q Authorized to Sign: Date of Council Approval: QMayor or Designee N/A Budget Account Number: Grant? Yes NOW] P21079 Budget?ZYes E]No Type: N/A Vendor Name: Category: KPG Psomas Inc. Contract Vendor Number: Sub-Category: c 2479959 Original O Project Name: Naden Ave Interurban Trail Improvements 3- Project Details: 30% design for trail improvements for the existing Interurban Trail Segment between Willis 0- Ave and Meeker Street. C C O Basis for Selection of Contractor: Agreement Amount $50,339 Other 4) _ *Memo to Mayor must be attached 3- Start Date: March 2023 Termination Date: 6/30/2023 Q Local Business? Yes Who*If meets requirements per KCC3.70.100,please complete"VendorPurchose-Locol Exceptions"form onCityspace. Business License Verification: ❑Yesw]In-ProcessD Exempt(KCC 5.01.045) W1 Authorized Signer Verified Notice required prior to disclosure? Contract Number: E]YesW1No CAG2023-156 Comments: J9VVt_ i 3 f�0 a1 C C a1 Vf � 3 O cc a, a, cc Date Received:City Attorney: 3/10/23 (Date Routed:Mayor's Office 3/13/23 City Clerk's Office3/14/23 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 s KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and KPG Psomas Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KPG Psomas Inc. organized under the laws of the State of Washington, located and doing business at 3131 Elliott Ave., #400, Seattle, WA 98121 (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 the attached Exhibit A, incorporated herein, consultant shall provide design support for trail improvements for the existing Interurban Trail Segment between Willis Ave and Meeker Street, aligned with the future corridor for Naden Ave. 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 June 30, 2023. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $50,339.00, 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 - 1 (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 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. 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 - 2 (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 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. 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 - 3 (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 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. 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. 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 - 4 (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 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. CONSULTANT SERVICES AGREEMENT - 5 (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: CITY OF KENT: C-z zz" k a4-;�S:CHV k By:Elizabeth Gibson(Mar7.202314:17 PST) By: Print Name: Elizabeth Gibson Print Name: Dana Ralph Its Vice President Its Mayor DATE: 03/07/2023 DATE: 03/14/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Liz Gibson Terry Jungman KPG Psomas Inc. City of Kent 3131 Elliott Ave., Suite 400 220 Fourth Avenue South Seattle, WA 98121 Kent, WA 98032 (206) 354-6569 (telephone) (253) 856-5112 (telephone) Liz.gibson@psomas.com (email) tjungman@kentwa.gov (email) APPROVED AS TO FORM: Kent L" w Department ATTEST: 64 Kent City Clerk [In this field,you may enter the electronic filepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) 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 - 1 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, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 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 EEO COMPLIANCE DOCUMENTS - 3 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) 7. 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. By: Elizabeth Gibson(Mar7,2023 14:17 PST) For: KPG Psomas Inc. Title: Vice President Date: 03/07/2023 EEO COMPLIANCE DOCUMENTS - 4 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. EEO COMPLIANCE DOCUMENTS - 5 City of Kent Parks, Recreation and Community Services Naden Ave Interurban Trail Improvements Exhibit A— Scope of Work March 1, 2023 Project Description and Background The City of Kent Parks, Recreation and Community Services (Parks) is requesting scope of services for landscape architectural and trail design for the existing Interurban Trail segment between Willis Ave and Meeker Street, aligned with the future corridor for Naden Ave. The existing trail corridor surfacing is degraded with no defined shoulders, and multiple undefined access routes for PSE vehicles. The trail corridor is within the PSE ROW and access to the PSE substation on the east side of the trail will be of paramount importance. The outcome of this project will be to rehabilitate the trail surfacing, landscape, and shoulders alongside of the existing trail section, similar to other sections to the north and south, using low maintenance plant material and/or grass.This scope of work will provide up to 30%design for the trail improvements. The Parks Department has identified the following tasks associated with the Naden Ave Trail Improvements: o Develop conceptual (10%scroll plot) and 30%design plans and construction estimate, to provide the City with a foundation for final design and construction, including the following: ■ Concept alternatives/options for the connection to and trail crossing at Meeker Street ■ Provide scroll plan of preferred concept for visioning discussion with stakeholders. ■ 30%layout of pedestrian-scale lighting for the trail (same bollards and equipment as the Willis Greenway bollard lighting)from Willis to Meeker ■ Provide for formalized maintenance access for PSE sub-station, utilizing paved shared-use trail ■ Use tree and shrub plantings that emphasize biodiversity, supporting groundwater-surface water interface (GSI) where applicable, creative revegetation plan for the trail. ■ Grass re-establishment along the shoulders of the trail ■ Conceptual alternatives for connection and mixing zone for trail access at Meeker St ■ Provide for the trail section and shoulders to be brought up to established multi- use non-motorized trail design standards including AASHTO, NACTO, and MUTCD guidelines. ASSUMPTIONS • The scope of this work is through 30% design to be completed by June 2023. 100% design, permitting and bid phase to be completed under a later contract. City would like to go out to construction during 2023 • Trail will remain 10'width,with 2'shoulders each side(total of 14'width)and in relatively the same location as existing. Minor trail realignment is anticipated, any increase in impervious surfacing will be kept to a minimum to prevent triggering any requirements for stormwater improvements and permitting. Page 1 1 Naden Ave Interurban Trail Improvements KPG Psomas City of Kent Parks, Recreation and Community Services Naden Ave Interurban Trail Improvements • The project could remove some of the impervious gravel areas reducing the total amount of impervious surfacing and improving infiltration of stormwater in the area (majority of the existing gravel areas to the east of the trail) • The work is being performed in the PSE ROW trail easement, so will require coordination and approval/review from PSE. • Illumination Report will be provided during final design at 60%. • The illumination design will utilize bollard lighting type and associated equipment for the trail, to match the trail lighting on Willis Greenway. Street lighting design from the proposed Naden Ave project will also be reviewed. • Stormwater Low impact development(LID)/GSI work will likely a need Geotech report,which is not included in this contract, but may be available from nearby previous projects. • Survey has already been completed and available from the City • Wayfinding and signage design is not included, but proposed locations for signage will be shown at 30%. • City review comments from 30%will be responded to during the 60% design phase. • Public involvement or outreach materials will not be required. • At the end of the project, documents will be submitted to the City for records, in the format they were created in, i.e. InDesign, Word and Excel for cost estimates. Project deliverables will be in PDF and AutoCAD Civil 3D format • The Consultant will set up and maintain the project .ftp site for the project team. PROVIDED BY KPG PSOMAS • Conceptual and 30%Trail Improvement design, for conceptual stormwater treatment, trail minor realignment and connections,trail section rehabilitation,trail corridor revegetation and pedestrian illumination design • 30%cost estimate • See deliverables lists for individual Tasks PROVIDED BY THE CITY The City will provide or obtain the following items: • Electronic engineering drawing files for trail survey including elevations/grades and surface utilities • Review of 30%design submittal • Site Survey information, including elevations, pavement location, surface and utility pole locations (or City GIS information), site features such as existing fencing etc. • Information on upcoming development along the trail and Naden Ave, including access to the development(Public Works) • Current plans for the new Naden Ave project, including right-in-right-out. • Conceptual design work previously developed for the corridor • Infiltration testing and geotechnical recommendations for stormwater LID facilities, if required TASK 1 - MANAGEMENT/ADMINISTRATION/COORDINATION Task 1 Objective: Management of project team throughout the duration of the project, coordination with PR&CS, Public Works, coordination with project team, development of invoices, project schedule and Page 12 Naden Ave Interurban Trail Improvements KPG Psomas City of Kent Parks, Recreation and Community Services Naden Ave Interurban Trail Improvements QA/QC. Consultant will attend up to (4) meetings with City Staff for project review (over approx. 3-month period), discussion of conceptual design and coordination, either in person or teleconferencing as necessary and one site visits - for review as required for the design. Consultant will also attend meetings and assist with contacting and coordination with PSE for review. Task 1 Work Elements: 1.1. Project Management/QA/QC 1.2. Monthly Progress Reports and Invoicing 1.3. Project Coordination Meetings (up to 4, including coordination meetings with PSE) and site visit. Task 1 Deliverables: • Monthly progress reports including invoices, emailed. • Meeting agendas and minutes, including summary of decisions made/needed resulting from design coordination meeting. Task 1 Assumptions: • The Consultant will provide timely and immediate notification of any work items or project developments constituting a change to the written scope of work and fee budget estimate and schedule. • The work of this task is estimated to be up to 3-months. TASK 2— Design Task 2 Objective: Consultant shall provide a conceptual scroll plan and 30%documents including plans and estimate for the Interurban bicycle trail from Willis crossing connection to Meeker, east of the future proposed Naden Ave street section. Task 2.1 Conceptual Design: Conceptual design will show areas of improvement for landscape, revegetation, pavement/gravel removal, options for trail optimized alignment/driveway access for PSE and driveway access for future development (provided by the City), as well as potential areas and ideas for stormwater treatment facilities (above ground, such as raingardens or other infiltration facilities). ■ Conceptual Trail Improvement Alternatives (up to 3 alternatives for trail sections), including options for trail crossing access at Meeker ■ Scroll plot of preferred trail improvements for stakeholder discussions ■ Conceptual GSI design options Task 2.2 30% Design (Plans and Estimate) will be based on the preferred option selected from the conceptual design phase and will include: ■ Trail Improvement and Restoration Plans, including site prep, typical pavement sections and horizontal trail layout, approximate locations of proposed LID stormwater treatment, any additional site elements if included (benches,trashcans etc.). No grading or vertical alignment plans will be including in 30% design. Page 13 Naden Ave Interurban Trail Improvements KPG Psomas City of Kent Parks, Recreation and Community Services Naden Ave Interurban Trail Improvements ■ Trail Revegetation and Soil Improvement Plan, including recommended (minimal) tree and plant revegetation and soil improvement areas. ■ Preliminary pedestrian scale luminaire design, utilizing equivalent fixture to the Willis Greenway, and Trail illumination report will not be provided with 30%design. Illumination service connection will be utilized from new Naden Ave project. ■ 30% Construction Cost Estimate. Task 2 Deliverables: • Conceptual design package, including alternatives and other design recommendations, scroll plot of selected/preferred options for the trail improvements. • 30% Plans and Cost Estimate Package- including: o Cover Sheet o Trail Improvements (6 plan sheets, 2 detail sheets) o Trail Revegetation/Soil Improvement Plan (3 plan sheets, 2 detail sheets) o Preliminary Pedestrian Trail Illumination Design ((3 plan sheets, 1 detail sheet) • Stormwater Technical Memorandum with basis of design Task 2 Assumptions: • Non-motorized trail design will use AASHTO, NACTO, and established bike/ped guidelines for design. • Replaced impervious for the trail will be equivalent to existing. Other impervious areas within the project limits may be reduced by removing existing crushed rock areas, thereby reducing the requirements for any additional stormwater facilities. • Drawings and sketches will be provided in .pdf format and/or power-point format for meetings, if required. • No vertical alignment will be provided at 30% • Illumination will utilize new service connection included in the Naden right-in/right-out improvement project • Illumination design will be based on National IES and City of Kent Standards. • Site Survey information will be provided by the City • Project management is part of Task 1. • Does include illumination design report, this will be provided during final design if required. Other Services The City may require other services of the Consultant.These Services could include other work tasks not included in the scope of work, such as Survey, Geotechnical or facilitation of Public Involvement. The scope of these services will be determined at the sole discretion of the City. At the time these services are required, the Consultant shall provide a detailed scope of work and estimate of costs.The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. Page 14 Naden Ave Interurban Trail Improvements KPG Psomas YCPCW* EXHIBIT A PRIME CONSULTANT COST COMPUTATIONS Client:City of Kent Project Name: Naden Ave Interurban Trail Imp. KPG Psomas Inc.Project Number: 9KEN010100 Date: 1-Mar-23 Labor Hour Estimate Task No Task Description rn c 5 H �, C R Q R v Total Hours and Labor Q Cost Computions by Task W W W W p N C C C O '6 t •� N N j y ~ y O y a` a` o $215.00 $175.00 $149.00 $133.00 $200.00 $155.00 $102.00 $138.00 $133.00 $103.00 Hours Totals Task 1 -Project Management/Meetings and Coordination 1.1 JProject Mana ement approx.3 Months),QA/QC 8 2 2 12 $ 2,072.00 1.2 JIVIonthly Project Reports and Invoicing 2 2 $ 400.00 1.3 JProject Coord.Meetings 4 & 1 Site Visit 4 8 4 4 8 8 4 40 $ 6,636.00 Task Total 4 8 4 4 18 8 4 0 2 2 54 $ 9,108.00 Task 2 2.1 Conceptual Design Conceptual Trail Alternatives and Preferred Plan 8 2 10 10 32 62 $ 8,480.00 Conceptual GSI Design 2t2E4 2 4 32 $ 4,946.00 Task Total 0 10 2 12 14 32 0 0 EO 94 $ 13,426.00 2.2 30%Design Plans and Estimate Trail Improvements and Restoration 8 8 24 6 8 32 8 94 $ 12,592.00 Trail Reve etation/Soil Improvement Plan 4 8 16 2 30 $ 3,948.00 Preliminary Pedestrian Luminaire Design 12 40 2 54 $ 8,176.00 Prepare Cost Estimates 30% 2 2 1 4 2 4 4 19 $ 2,889.00 Task Total 14 10 9 68 12 20 52 12 0 0 197 $ 27,605.00 Total Labor Hours and Fee 18 28 37 74 42 42 88 12 2 2 345 $ 50,139.00 Reimbursable Direct Non-Salary Costs Mileage at current IRS rate $ 200.00 Reproduction Allowance Total Reimbursable Expense $ 200.00 Total Estimated Budget $ 50,339.00 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim. 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 ANII. 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. EXHIBIT B (continued ) 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. Client#: 247197 PSOMAS DATE(MM/DD/YYYY) ACORD_ CERTIFICATE OF LIABILITY INSURANCE 1 2/15/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sabrina Wynn Greyling Ins. Brokerage/EPIC P,v"c°NN eXt:470.785.2254 �c "o; 3780 Mansell Road, Suite 370 E-MAIL SS: Sabrina.Wynn@greyling.com Alpharetta, GA 30022 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins.Co. 19445 INSURED INSURER B:Everest National Ins Co 10120 KPG Psomas Inc. INSURER C: 3131 Elliott Avenue, Suite 400 INSURER D Seattle,WA 98121 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 REVISION NUMBER: 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 CONTRACTOR 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. LT R TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY GL5268212 4/01/2022 04/01/2023 EACH OCCURRENCE $1 000000 CLAIMS-MADE �OCCUR PREMISES ERENTED ccccnce $500 000 MED EXP(Any one person) $25 000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X1 PR - POLICY LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA4489706 4/01/2022 04/01/202 CMINED Ea acciden SINGLE LIMIT $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR XC8C000043221 4/01/2022 04/01/2023 EACH OCCURRENCE $1 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1 000 000 DED I X RETENTION$1 O 000 $ A WORKERS COMPENSATION WC015893764(AOS) 04/01/2022 04/01/202 3 X STAT TE EORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE 7 WC015893765(CA) 04/01/2022 04/01/202 E.L.EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 9KEN010100; 4Naden Ave.Trail Improvement. City of Kent and KPG Psomas, Inc. are named as Additional Insureds with respects to General &Automobile Liability where required by written contract. The above referenced liability policies with the exception of professional liability are primary&non contributory where required by written contract. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S5265034/M4790824 SBRO8 DESCRIPTIONS (Continued from Page 1) Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,we will endeavor to provide 30 days'written notice (except 10 days for nonpayment of premium)to the Certificate Holder. SAGITTA 25.3(2016/03) 2 of 2 #S5265034/M4790824 ENDORSEMENT This endorsement, effective 1 2:01 A.M.04/01/2022 forms a part of policy No. CA4489706 by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO. I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. Authorized Representative or Countersignature (in States Where Applicable) 87950 (10/05) POLICY NUMBER: GL5268212 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II 6 Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury' "property damage" or "personal and advertising or "property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on work, on the project (other than service, your behalf; maintenance or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional insured(s) at for the additional insured(s) at the location(s) the location of the covered operations has designated above. been completed; or However: 2. That portion of "your work" out of which 1. The insurance afforded to such additional the injury or damage arises has been put to insured only applies to the extent permitted its intended use by any person or organization other than another contractor or by law; and subcontractor engaged in performing 2. If coverage provided to the additional operations for a principal as a part of the insured is required by a contract or same project. agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 (D Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III - Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most applicable limits of insurance. we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 (D Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL5268212 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured described in the Schedule of this endorsement is the amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 (D Insurance Services Office, Inc., 2018 Pagel of 1 72/10/2023 (MM/DDYY) A�" CERTIFICATE OF LIABILITY INSURANCE YY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lisa Shimizu-Fookes AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt Diablo Blvd,#230IA/C. A/C No Ext: 714-427-3482 A/c No), Lafayette CA 94549 ADDRESS: DesignProCerts@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA:XL Specialty Insurance Company 37885 INSURED PSOMASO-01 INSURER B: KPG Psomas Inc. 3131 Elliott Ave., #400 INSURER C: Seattle WA 98121 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:113940990 REVISION NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM DD YYYY MM DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO TED CLAIMS-MADE1:1 OCCUR PREMISES (E.occurrence) lccurrrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVIZ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability& Y DPR5003444 10/15/2022 10/15/2023 $2,000,000 per claim $2,000,000 agg Claims-Made Pollution Liab.included DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 9KEN010100,4Naden Ave.Trail Improvement CERTIFICATE HOLDER CANCELLATION 30 Days and 10 for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: KateLynn Jennings 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 ✓ J)1 , (� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Signature: 2LL� �701y16I)W /-/ Signature: Terry Ju gman(Mar ,202311:05 PST) Email: tjungman@kentwa.gov Email: rlashley@kentwa.gov Signature: L n L ✓ nh n Brian Levenhagen(Mar 7, 02316:21 PST) Email: bjlevenhagen@kentwa.gov E-TRANSMITTAL: KPG-Naden Ave Trail-30% Design Final Audit Report 2023-03-08 Created: 2023-03-03 By: KateLynn Jennings(kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAyDOM5QnBGNBzYcKtOfFcCmCoUpd2T7U8 "E-TRANSMITTAL: KPG-Naden Ave Trail-30%Design" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2023-03-03-6:13:31 PM GMT-IP address: 146.129.252.126 P4 Document emailed to tjungman@kentwa.gov for signature 2023-03-03-6:15:21 PM GMT Email viewed by tjungman@kentwa.gov 2023-03-03-7:05:09 PM GMT-IP address: 146.129.252.126 Signer tjungman@kentwa.gov entered name at signing as Terry Jungman 2023-03-03-7:05:50 PM GMT-IP address: 146.129.252.126 Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date:2023-03-03-7:05:52 PM GMT-Time Source:server-IP address: 146.129.252.126 C-► Document emailed to Ronald Lashley (rlashley@kentwa.gov)for signature 2023-03-03-7:05:53 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2023-03-07-8:39:59 PM GMT-IP address: 104.47.65.254 a Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date:2023-03-07-8:44:23 PM GMT-Time Source:server-IP address: 146.129.252.126 �► Document emailed to liz.gibson@psomas.com for signature 2023-03-07-8:44:27 PM GMT Email viewed by liz.gibson@psomas.com 2023-03-07-10:11:30 PM GMT-IP address: 104.47.55.126 Powered by r � Adobe T Acrobat Sign Signer liz.gibson@psomas.com entered name at signing as Elizabeth Gibson 2023-03-07-10:16:58 PM GMT-IP address:50.207.135.226 Document e-signed by Elizabeth Gibson (liz.gibson@psomas.com) Signature Date:2023-03-07-10:17:00 PM GMT-Time Source:server-IP address:50.207.135.226 Document emailed to bjlevenhagen@kentwa.gov for signature 2023-03-07-10:17:02 PM GMT "s Email viewed by bjlevenhagen@kentwa.gov 2023-03-08-0:21:05 AM GMT-IP address: 146.129.252.126 Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2023-03-08-0:21:32 AM GMT-IP address: 146.129.252.126 �} Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2023-03-08-0:21:34 AM GMT-Time Source:server-IP address: 146.129.252.126 ® Agreement completed. 2023-03-08-0:21:34 AM GMT Powered by r � Adobe T Acrobat Sign