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CAG2023-231 - Original - MacLeod-Reckord, PLLC - Kiwanis 4 Tot Lot Design - 04/07/2023
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: _Q/_ • For Approvals,Signatures and Records Management Dir/Dep: 1- 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 Kerry O'Connor Parks, Recreation & Community Services Date Sent: Date Required: > 3/16/2023 Soonest possible please O Q Authorized to Sign: Date of Council Approval: QMayor or Designee N/A Budget Account Number: Grant? Yes NoE] P21060 Budget?W]Yes E]No Type: N/A Vendor Name: Category: MacLeod Reckord PLLC Contract Vendor Number: 17 Sub-Category: c 886584 Original O Project Name: KiWaniS 4 Tot Lot - Design 3- Project Details: Professional design services for the development of improvements at Kiwanis 4 Tot Lot. O C C O Basis for Selection of Contractor: Agreement AmounF$67,1000 Other E *Memo to Mayormustbe3- Start Date: ch 2023 Termination Date: 12/31/2023 Q Local Business? Yes Who*If meets requirements per KCC3.70.100,please complete"VendorPurchose-Locol Exceptions"form onCityspace. Business License Verification: ❑YeswI In-ProcessD Exempt(KCC 5.01.045) W1 Authorized Signer Verified Notice required prior to disclosure? Contract Number: E]YesW1No CAG2023-231 Comments: H i 3 f0 a1 C C a1 3 3 O cc a, a, cc Date Received:City Attorney: 3/29/ 33 Date Routed:Mayor's Office4/4/23 City Clerk's Office 4/8/23 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 Macleod-Reckord, PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Macleod-Reckord, PLLC organized under the laws of the State of Washington, located and doing business at 110 Prefontaine PI. S, Ste 600, Seattle, WA 98104 (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 professional design services for the development of improvements at Kiwanis 4 Tot Lot. 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 $67,000, 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 - 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: By: g y-_L__ Print Name: Connie Reckord Print Name: Dana Ralph Its Managing Member Its Mayor DATE: March 28, 2023 DATE: 04/07/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Connie Reckord Kerry O'Connor Macleod-Reckord, PLLC City of Kent 110 Prefontaine Pl. Se, Ste 600 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) 323-7919 (telephone) (253) 856-5115 (telephone) connier@macleodreckord.com (email) KOConnor@kentwa.gov (email) APPROVED AS TO FORM: Kent Law Department ATTEST: Ld , 6M4 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:_ For: Macleod-Reckord, PLLC Title: Managing Member Date: March 28, 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 Exhibit A MacLeod Reckord PLLC Landscape Architecture ■ Planning ■ Urban Design 110 Prefontaine Place South Suite 600 Seattle,Washington 98104 P 206-323-7919 F 206-323-9242 ATTACHMENT A SCOPE OF WORK February 22, 2023 Kiwanis 4 Tot Lot PROJECT DESCRIPTION The Scope of Work includes provision of professional design services for the development of improvements at Kiwanis 4 Tot Lot, an existing neighborhood park, approximately 0.64 acres in size and located in the City of Kent (City). Services include site reconnaissance, verification of park programming, one alternative based on City's conceptual park design, cost estimate, design development (60%), construction documents (90%), and bid documents (100%), bidding support, and review/approval with City staff. Project Program Elements Program elements include demolition of existing facilities, new ADA compliant path system with connections to surrounding streets and sidewalks, City standard benches, trash receptacles, and picnic tables in selected areas, play areas with curb surround to accommodate new play equipment as selected by the City of Kent, new play area underdrainage, park irrigation throughout, fencing, parking area layout review and recommendations, and general landscaping to provide strategic screening to adjacent properties. OUTLINE OF SCOPE OF SERVICES The MacLeod Reckord team will provide evaluation and preliminary design and engineering in accordance with City of Kent standards and guidelines, and UPRR/BNSF Guidelines for Railroad Grade Separated Projects. Scope of work shall consist of the following: I. Design and Engineering Services Task 01 Project Management 02 Data Collection, Analysis / Evaluation, and Mapping 03 Concept Planning 04 60% Design Development 05 90% Construction Documents 06 100% Bid Documents 07 Bid Support ROLES & RESPONSIBILITIES MacLeod Reckord will contract with sub-consultants as identified below. Roles and responsibilities are as follows: Kiwanis 4 Tot Lot Page 1 of 6 • MacLeod Reckord (MR)— Project management, team coordination, landscape architecture lead, document production and overall documentation coordination, project oversight, and QA/QC. • PACE Engineers (PACE)— If requested by City: Civil engineering, TESC, storm drainage and utility design and documentation. GENERAL PROJECT ASSUMPTIONS 1. Meetings and deliverables have been included in the Scope as outlined herein. 2. Grading plans will be prepared, stamped, and signed by the landscape architect. 3. Parking lot resurfacing is not anticipated; no storm drainage improvements are anticipated; layout modifications to accommodate ADA compliant stall and standardized stall size is only change being considered. 4. Play equipment selection, ordering, and storage is the responsibility of the City. Play equipment installation is the responsibility of the Contractor. 5. Signage component to be complete by City. 6. Review comments from various City Departments/reviewers will be consolidated by the City into a single review document set for each formal submittal. Design team will provide a consolidated response to each set of comments. 7. Wetland delineation/stream classification or mapping not anticipated. No other critical areas anticipated within the project area. 8. Survey is being provided by the City and no additional survey is anticipated. 9. Variance to the City of Kent code not anticipated. 10. No permits anticipated. 11. LEEDTM Process is not included at this time, however sustainable building practices will be incorporated into site and building design as program and budget allow. 12. Base Bid program is approx. $300,000 MACC. SCHEDULE The scope of work is premised on a Notice-to-Proceed date of approximately March 15, 2023. Tentative schedule as follows (permit review/comment schedule dependent): • Concept sketches for consideration April 15, 2023; response by City and play equipment manufacturer within 2 weeks • 60% design development completed June 30, 2023; response by City and play equipment manufacturer within 2 weeks • 90% PS&E completed August 30, 2023; response by City and play equipment manufacturer within 2 weeks • 100% PS&E completed October 1, 2023 • Construction anticipated Autumn /Winter 2023 anticipating no permits required DESIGN STANDARDS/CRITERIA 1. Electronic drawing format ACAD current version, Civil 3D current version, or as mutually agreed. 2. Specification format for 90% and 100% submittal is MasterFormat Spec. "Front-end" specifications including Division 0 "General Conditions and Special Provisions" shall be prepared by the City. City shall provide whatever information they deem necessary for Division 1 however MacLeod Reckord is responsible for completing Division 1 content. 3. City of Kent, Design and Construction Standards. 4. WSDOT, Standard Specifications for Road, Bridge, and Municipal Construction, English, current edition and Amendments. Kiwanis 4 Tot Lot Page 2 of 6 DELIVERABLES Drawing format for design plans will be ACAD current version, with Civil3D as appropriate to content. Preliminary review and final submittal sets will be in PDF format and will include one full size and one half size (1 V x 17") bond hard copy. After bidding a full size and one half size conformed set of construction documents will be prepared and made available to the City and the successful Contractor. DOCUMENTS AND DATA TO BE FURNISHED BY CITY OF KENT The following documents and data will be the responsibility of the City: ■ Resolution of easement/right-of-way needs due to proposed improvements (e.g. temporary construction easements, access easements, etc.). ■ All available topographic and boundary survey, and utility and record drawings for the project site. ■ Final development and construction permit applications. WORK TASKS TASK 1: PROJECT MANAGEMENT 1.1 Coordination and Review: Coordinate the Consultant design team to ensure that the work is completed on schedule, is technically competent, and meets City requirements. Develop and implement the work plan and provide overall coordination and review of the work. 1.2 Document Management: Provide for the management of drawings and documents received and generated over the course of the project, including review, distribution, filing, and storage. 1.3 Subconsultant Management: Subconsultant management includes the preparation and execution of subcontracts with each Subconsultant involved in the project. The Consultant will provide ongoing overview of progress, review of invoices, and overall coordination of Subconsultants involved in the project. 1.4 Quality Assurance/Quality Control: Conduct a quality assurance check of all deliverables prior to submittal to the County. 1.5 Invoicing: Prepare and submit regular invoicing and monthly progress reports. Deliverables: • Contract Documents • Invoicing and Progress Reports TASK 2: DATA COLLECTION, ANALYSIS / EVALUATION, AND MAPPING 2.1 Data Research and Assembly: Assemble documentation as provided by the City to inform project design and engineering effort. 2.2 Survey: Edit base survey to sheet file format. 2.3 Site Reconnaissance: For purposes of verifying data, assessing conditions, and mapping additional information. Kiwanis 4 Tot Lot Page 3 of 6 2.4 Coordination with Play Equipment Manufacturer: For purposes of ensuring the City and Manufacturer have resolved scope and extent of play equipment additions, meet with both. Incorporate information provided by Manufacturer into Concept plans, and final PS&E packages. Assumptions: • Storm Water downstream analysis for potential increased volume from underdrainage not required. • Water Quality treatment and/or Water Quantity flow control will not be required for the project. Deliverables: • Formatted Base Survey • Email or Technical Memo addressing: Utility Impacts and Storm Drainage issues • Draft Play Equipment layout from Manufacturer anticipated early in analysis TASK 3. CONCEPT PLANNING 3.1 Site Layout Conceptual Alternative: One (1) site layout plan showing overall project layout alternative based on conceptual plan provided by City. 3.2 Storm Drainage and Utility (Re)location Conceptual Alternative: Correlate to the one (1) site layout plan any changes required in storm drainage layout or utility relocation required. 3.3 Meetings: Coordination and review meetings as noted below. Assumptions: • Play equipment layout will be provided by Manufacturer. • Storm Drainage and/or Utility(Re)location, if necessary as a result of this concept planning, will require the addition of civil services and additional services. Deliverables: One (1) Site Layout Conceptual Alternative. Meetings: (1) City/Team meeting (Assumed to be virtual) TASK 4. DESIGN DEVELOPMENT (60%) 4.1 Prepare Plan Set: Refine design in response to City staff input. Prepare 60% drawings to fix and describe the size, location, character, elevation, and material selection of program elements. Plan set to include: 1) Survey and vertical/horizontal control plans. 2) Demolition plans. 3) Layout plan for all program elements. Incorporate play equipment layout as provided by Manufacturer. 4) Grading plan. 5) Underdrainage plan for play area. 6) Planting plan and plant schedule. 7) Irrigation plan and irrigation schedule. 8) Site construction, planting, and irrigation details. 4.2 Cost Opinion: Develop preliminary cost estimate with recommendations for additive alternates as necessary to meet MACC. Kiwanis 4 Tot Lot Page 4 of 6 4.3 Specification Outline: Provide preliminary specification outline in CSI format based on design development plan set. 4.4 Meetings: Coordination and review meetings as noted below. 4.5 QA/QC: Review and package assembly for delivery. Assumptions: • Play equipment layout will be provided by Manufacturer. • Water Quality treatment and/or Water Quantity flow control will not be required for the project. • Irrigation will not require pump. City will provide information on their preferred irrigation material standards early in the planning process. • Drinking fountain will not require connection to sanitary sewer. Deliverables: Design development plan set; Design development cost opinion; Preliminary specification outline; Meeting agenda and minutes. Meetings: (1) City/Team meeting. (Assumed to be virtual) TASK 5. CONSTRUCTION DOCUMENTS (90%) 5.1 Prepare Plan Set: Refine design in response to City staff input. Prepare 90% drawings to finalize size, location, character, elevation, and material selection of program elements. Plan set to include final version of plans as noted in Task 4. 5.2 Cost Opinion: Develop final cost estimate including additive alternates to meet MACC. 5.3 Specifications: Provide final specifications in CSI format. Provide comment to City on City-provided Division 0. Incorporate City-provided information on Division 1 into MacLeod Reckord-generated Division 1. 5.4 Meetings: Coordination and review meetings as noted below. 5.5 QA/QC: Review and package assembly for delivery. Assumptions: "Front-end"specifications including Division 0 "General Conditions and Special Provisions"shall be prepared by the City. City shall provide whatever information they deem necessary for Division 1 however MacLeod Reckord is responsible for completing Division 1 content. Deliverables: Construction document plan set; Construction document cost opinion; Final specifications; Meeting agenda and minutes. Meetings: (1) City/Team meeting. (Assumed to be virtual) TASK 6. BID DOCUMENTS (100%) 6.1 Plans: Finalize 90% Construction Documents to 100% incorporating final input from City staff reviewers. 6.2 Cost Estimate: Finalize cost estimate to reflect any changes. 6.3 Specifications: Finalize 90% Specifications to 100% incorporating final input from City staff and permit reviewers. Assumptions: • 100% Bid Documents are final documents to be prepared prior to bidding. Kiwanis 4 Tot Lot Page 5 of 6 Deliverables: (1) 100% Bid Document plan set; 100% cost opinion; 100% specifications; Meeting agenda and minutes. Meetings: (1) City/Team meeting. (Assumed to be virtual) TASK 7. BID AND CONSTRUCTION SUPPORT SERVICES 7.1 Pre-Bid Conference: Attend pre-bid conference. 7.2 Addenda and Conformed Set: Contribution to up to two addenda during the Bidding phase is included in this task. Submit addenda in electronic format to ARC Document Solutions, address above. At completion of bidding/award, prepare a conformed set of construction documents for the City and Contractor. 7.3 Pre-Construction Meeting: Prepare for and attend pre-construction meeting. 7.4 Construction Administration Services (by City). 7.5 Weekly Construction Progress Meetings (By City). 7.6 Punch Lists: Prepare for, attend preliminary and final walk-throughs, and record preliminary and final punch lists. 7.7 Record Drawings: Provide (1) final set of record drawings based on contractor markups. No field verification included. Assumptions: Services provided to the extent requested by the City and as budget allows. Deliverables: Addenda (if necessary); Response to bidder questions; Meeting minutes; Conformed Set in full and half size; Preliminary and Final Punch List reports; Final set of record drawings. Meetings: Pre-Bid Conference. (1) Preconstruction meeting (MR); (2) Punch List visits. (Assumed to be in-person) Kiwanis 4 Tot Lot Page 6 of 6 Kiwanis 4 Tot Lot MacLeod Reckord Fee Derivation February 22, 2023 MacLeod Reckord PC PM LD1 LD2 AD SUBTOTAL Task SCOPE OF WORK $210.00 $160.00 $130.00 $115.00 $135.00 1.0 PROJECT MANAGEMENT 1.1 Coordination and Review 1 4 $850 1.2 Document Management 4 4.5 $1,225 1.3 Subconsultant Management 2 $320 1.4 Quality Assurance/Quality Control(QA/QC) 2 8 $1,700 1.5 Invoicing 1 3 3 $1,095 ------Subtotal: 4 21 4.5 0 3 $5,190 2.0 DATA COLLECTION,ANALYSIS/EVAUATION& 2.1 Data Research and Assembly 1 8 2 $1,750 2.2 Survey 2 2 $580 2.3 Site Reconnaissance 1 10 $1,810 2.4 Coordination with Play Equipment Manufacturer 4 6 $1,420 u o a: 2 24 10 0 0 $5,560 3.0 CONCEPT PLANNING 3.1 Site Layout Conceptual Alternative 2 20 2 $3,880 3.2 Storm Drainage and Utility(Re)location Conceptual Alternative 6 $960 3.3 Coordination and Review Meetings 2 2 $740 Subtotal: 4 28 2 0 0 $5,580 4.0 DESIGN DEVELOPMENT 60% 4.1 Plan Set Preparation $0 Survey and vertical/horizontal control plans 3 5 1 $1,245 Demolition plan 4 8 1 $1,795 Layout plan for all program elements 6 10 3 $2,605 Grading plan 6 10 3 $2,605 Underdrainage plan for play area 4 8 1 $1,680 Planting plan and plant schedule 4 8 $1,680 Irrigation plan and irrigation schedule 6 8 $2,000 Site construction,planting,and irrigation details 8 14 $3,100 4.2 Cost Opinion 1 4 8 2 $2,160 4.3 Specification Outline 0.5 6 2 $1,325 4.4 Coordination and Review Meetings 2 2 $740 4.5 QA/QC 2 4 $1,060 Subtotal: 5.5 1 57 81 1 8 1 2 $21,995 5.0 CONSTRUCTION DOCUMENTS 90% 5.1 Plan Set Preparation 16 28 10 $7,350 5.2 Cost Opinion 1 4 6 6 2 $2,590 5.3 Specifications 4 16 8 $4,480 5.4 Coordination and Review Meetings 2 2 $740 5.5 QA/QC 1 2 $530 Subtotal: 8 40 34 16 10 $15,690 6.0 BID DOCUMENTS 100% 6.1 Plans 10 20 $4,200 6.2 Cost Estimate 2 6 $1,100 6.3 Specifications 1 2 $530 Subtotal: 1 14 26 0 0 $5,830 7.0 BID AND CONSTRUCTION SUPPORT SERVICES 7.1 Pre-Bid Conference 2 2 $740 7.2 Addenda and Conformed Set 2 2 $580 7.3 Pre Construction Meeting 2 2 $740 7.4 Construction Administration Services(by City) $0 7.5 Weekly Construction Progress Meetings(by City) $0 7.6 Punch Lists 4 8 $2,120 7.7 Record Drawings 6 14 $2,780 Subtotal: 8 20 16 0 0 $6,960 Subtotal 33 204 174 24 15 66,805 Direct Expenses: $195 SUBTOTAL: $67,000 Page 1 of 1 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 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. 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. .4��� DATE(MM/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 3/1/2023 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 rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Westphal Insurance Agency NAME, HOEFA 2911 1/2 Hewitt Avenue,Ste 6 A/C NNo Ext: 425-354-5988 A/c No), Everett WA 98201 E-MAIL eff nw-ins.com ADDRESS:I @p INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Everest National Insurance Company 10120 INSURED Macleod-Reckord,PLLC INSURER B: 110 Prefontaine PL.S,Ste 600 INSURER C: Seattle WA 98104 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO TED CLAIMS-MADE ❑ 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 UMBRELLA LIAB OCCURLl EACH OCCURRENCE $ IDCESS LIAB CLAIMS-MADE AGGREGATE $ D I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability ©F__1 AAEP000437221 8/30/2022 8/30/2023 Each Claim $2000000 E]0 Annual Aggregate $2000000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent is named as additional insured. Project: Kiwanis Tot Lot 4 Contract CERTIFICATE HOLDER CANCELLATION City of Kent Park Planningand Dev Parks, Recreation &Community Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South, ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE Jeffrey Westphal ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AC`CIR" CERTIFICATE OF LIABILITY INSURANCE DA02/282023 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: MK Bolling Marta-Karin Bolling(792689H) PHONE FAX 2820 Oakes Ave Ste D (A/C,NO,EXT):425-329-4020 (A/C,NO):888-265-5038 E-MAIL Everett WA 98201-3667 ADDRESS: mbolling1@farmersagent.com INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Truck Insurance Exchange 21709 INSURER B: Farmers Insurance Exchange 21652 MACLEOD RECKORD P L L C INsuRERc: Mid Century Insurance Company 21687 110 PREFONTAINE PL S STE 600 INSURER D: INSURER E: SEATTLE WA 98104 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE ADDTL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea Occurrence) $ 500,000 MED EXP(Anyone person) $ 5,000 C Y N 606296699 09/01/2022 09/01/2023 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY ❑ PROJECT ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) 2,000,000 ANYAUTO BODILY INJURY(Per person) $ C OWNEDAUTOS v SCHEDULED BODILY INJURY(Per accident)$ ONLY /� AUTOS N 606296699 09/01/2022 09/01/2023 HIREDAUTOS X NON-OWNED PROPERTY DAMAGE $ ONLY AUTOS ON LY (Per accident) UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION [STATUTE OTHER $ AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/ Y/N N/A E.L.EACH ACCIDENT $ EXECUTIVE OFFICER/MEMBER EXCLUDED?(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE Ifyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ EMPLOYERS LIABILITY/STOP EACH ACCIDENT 1,000,000 C GAP 606296699 09/01/2022 09/01/2023 EACH EMPLOYEE 1,000,000 POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) KiwanisTotLot4Contract CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Parks, Recreation,&Community Services DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave South AUTHORIZED REPRESENTATIVE A— ACORD 25(2016/03) @1988-2015 ACORD CORPORATION.All Rights Reserved 31-1769 11-15 The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. E4277 Policy Number. 60629-66-99 1 st Edition POLKY CHANGES Effective Date of Change: 02/16/22 Expiration Date: 09/01/23 Change Endorsement No.: 004 Agent: 79-26-9-I Named Insured: MACLEOD RECKORD P L L C 110 PREFONTAINE PL S STE 600 SEATTLE WA 98 1 04-2626 The following item(s): Insured's Name Insured's Mailing Address Policy Number Company Effective/Expiration Date Insured's Legal Status/Business of Insured Payment Plan Premium Determination X Additional Interested Parties Coverage Forms and Endorsements Limits/Exposures Deductibles Covered Property/Location Description Classification/Class Codes Rates Underlying Insurance is (are)changed to read {See Additional Pages)}: The above amendments result in a change in the premium as follows: X No Changes To Be Adjusted At Audit Additional Premium Return Premium Authorized Representative Signature:MK Bolling FARMERS INSURANCE 914277 1STEDI110N 7-02 Includes Copyrighted Material,Insurance Services Office,Inc,ivith its permission. 14277101 PAGE 1 OF 2 E4277-ED1 Policy Changes Endorsement Description ADD ADDITIONAL INTEREST ADDITIONAL INSURED J6840-ED2 SCHEDULED PERSON OR ORGANIZATION PRIMARYAND NON CONTRIBUTORY CITY OF KENT PARK PLANNING DEVELOPMENT 220 4TH AVE S KENT,`VA 98032 LOCATION: 110 PREFONTAINE PL S STE 600 SEATTLE,-WA 98104 Removal If Covered Property is removed to a new location that is described on this Policy Permit Change, you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change: after that,this insurance does not apply at the previous location. 914277 1ST EDITION 7-02 Includes(blighted Material,Insurance Seruies Office,Inc,with its permission 14277102 PAGE 2 Of 2 E4277-ID1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER:60629-66-99 FARMERS 16840 INSURANCE 2nd Edition ADDITIONAL INSURED - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name Of Additional Insured Person(s) CITYOF KENT Or Organization(s)• PARK PLANNING DEVELOPMENT Location Of Covered Operation(s): ALLWALOCATIONS SEATTLE WA98104 Effective Date Of Endorsement: 02/16/22 If no entry appears above,information required to complete this endorsement will be shown in the Declarations. The BUSINESSOWNERS LIABILITY COVERAGE FORM is amended as follows: A. With respect totheadditional insured described in Paragraph B.of this endorsement,thefollowing exclusions are added to Paragraph 1.Applicable To Business Liability Coverage under Section B.Exclusions: This insurance does not apply to: 1. "Bodily injury"or "property damage"for which the additional insured(s)is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s)would have in the absence of the contract or agreement. 2. "Bodily injury"or"property damage"occurring after: a. Your ongoing operations at the location of covered operations other than service maintenance or repairs performed by you or on your behalf have been completed;or b. The portion of your ongoing operation out of which the"bodily injury" or"property damage" arises has been put to its intended use by any person or organization. But in no event shall this insurance apply to"bodily injury"or"property damage"arising out of your operations that were completed prior to the effective date of this endorsement. 3. "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s)or any of its "employees", agents or contractors other than you, except for general supervision by the additional insured(s)of your ongoing operations performed for that additional insured. 4. "Property damage"to: a. Property owned,used or occupied by or rented to the additional insured(s); b. Property in the care custody or control of the additional insured(s) or over which the additional insured(s) exercise physical control;or c. Any work including materials, parts or equipment furnished in connection with such work which is performed for the additional insured by you. J6840-ED2 09-18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2 93-6840 J6840201 0. Section C. Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only to the extent that the additional insured(s) is held liable for "bodily injury" or "property darnage" caused in whole or in part by: 1. Your ongoing operations performed for such person ororganization at the location designated above; 2. The acts or omissions of your subcontractors acting on"your"behalf on thescheduled project in the performance of your ongoing operations for the additional insured(s)which start and are completed within the effective period of this endorsement;or 3. The acts or omissions of such additional insured(s)in connection with its general supervision of such operations. C. With respect to this endorsement, "wrap up policy" means an Owner or Contractor Controlled Insurance Program providing one or a series of policies designed to cover a specific construction project that insures all of the persons and entities working on such project. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended as follows: A. With respect to the additional insured described in Paragraph B. of this endorsement, Section H.Other Insurance is replaced by the following: H. Otherinsurance 1. Primary and Noncontributory Insurance The coverage provided to an additional insured under this endorsement shall be primary and noncontributory ONLY to any insurance issued directlyto the additional insured if: a. The Named Insured agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis; b. Such written contract or written agreement referenced in a.above was executed prior to the issuance of this endorsement; c. The additional insured designated herein has a policy with an Other Insurance provision making that policy excess;and d. There is no "wrap up policy" in effect for the work performed at the location designated in the Schedule of this endorsement. 2. Excesslnsurance If there is other valid and collectable insurance available to the additional insured(s)as an additional insured under other policies covering the work performed at the location designated and described in the schedule of this endorsement,this insurance will be excess over those policies. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. J6840-ED2 09-18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 93-6840 J6840202 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY E3306 1 st Edition WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAI NST OT H E RS TO US 02/16/22 60629-66-99 Effective Date Policy Number This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS-BP 0009 SCHEDULE Name of Person or Organization: CITY OF KENT PARK PLANNING DEVELOPMENT (If no entry appears above,information required to complete this Endorsement must be shown in the Declarations as applicable to this endorsement.) The provisions of the Businessowners Common Policy Conditions are modified by this endorsement as follows: Condition K.Transfer Of Rights Of Recovery Against Others To Us in the Businessowners Common Policy Conditions is amended by the addition of the following: 3. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products- completed operations hazard.This waiver applies only to the person or organization shown in the Schedule above. This endorsement is part of your policy.It supersedes and controls anything to the contrary.It is otherwise subject to all the terms of the policy. E3306-ED1 6-97 Includes Copyright Material Insurance Services Office,Inc.,1992 PAGE 1 OF 1 91-3306 E3306101 Signature: Ten-ti ,7Gt1 awan Signature: Terry Jun man(Mar It,202309:44 PDT) Email: tjungman@kentwa.gov Email: rlashley@kentwa.gov Signature: 5rck4ql L.E=LL Ofy Brian Levenhagen(Mar 28, 2319:00 PDT) Email: bjlevenhagen@kentwa.gov E-TRANSMITTAL: Kiwanis Tot Lot#4-Design Final Audit Report 2023-03-29 Created: 2023-03-16 By: KateLynn Jennings(kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAA7dMd5ER2H3 15Kae0I1 sFnLV2sbcEv6 "E-TRANSMITTAL: Kiwanis Tot Lot#4-Design" History s Document created by KateLynn Jennings (kjennings@kentwa.gov) 2023-03-16-2:56:55 PM GMT-IP address: 146.129.252.126 Document emailed to tjungman@kentwa.gov for signature 2023-03-16-2:59:29 PM GMT s Email viewed by tjungman@kentwa.gov 2023-03-16-4:43:05 PM GMT-IP address: 104.47.65.254 �>o Signer tjungman@kentwa.gov entered name at signing as Terry Jungman 2023-03-16-4:44:23 PM GMT-IP address: 146.129.252.126 �}o Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date:2023-03-16-4:44:25 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to Ronald Lashley (rlashley@kentwa.gov)for signature 2023-03-16-4:44:26 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2023-03-17-11:49:31 PM GMT-IP address: 104.47.65.254 �>o Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date:2023-03-18-0:03:34 AM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to Connie Reckord (connier@macleodreckord.com)for signature 2023-03-18-0:03:36 AM GMT New document URL requested by Kerry O'Connor(koconnor@kentwa.gov) 2023-03-27-4:40:22 PM GMT-IP address: 146.129.252.126 New document URL requested by Kerry O'Connor(koconnor@kentwa.gov) 2023-03-28-10:05:37 PM GMT-IP address: 146.129.252.126 Powered by r � Adobe T Acrobat Sign s Email viewed by Connie Reckord (connier@macleodreckord.com) 2023-03-28-11:47:51 PM GMT-IP address:66.171.181.237 Document e-signed by Connie Reckord (connier@macleodreckord.com) Signature Date:2023-03-28-11:56:23 PM GMT-Time Source:server-IP address:66.171.181.237 Document emailed to bjlevenhagen@kentwa.gov for signature 2023-03-28-11:56:24 PM GMT "s Email viewed by bjlevenhagen@kentwa.gov 2023-03-29-2:00:22 AM GMT-IP address: 104.47.64.254 Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2023-03-29-2:00:43 AM GMT-IP address: 146.129.252.126 �} Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2023-03-29-2:00:45 AM GMT-Time Source:server-IP address: 146.129.252.126 ® Agreement completed. 2023-03-29-2:00:45 AM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. 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