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HomeMy WebLinkAboutCAG2023-462 - Original - KPFF Inc. - Ruth Property Demolition Plan - 08/30/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: 1// • For Approvals,Signatures and Records Management Dir/Dep: BL IL 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 Bryan Higgins Parks, Recreation & Community Services Date Sent: Date Required: > 8/22/2023 Soonest possible please O Q Authorized to Sign: Date of Council Approval: QMayor or Designee Budget Account Number: Grant? Yes NOW] P21012 Budget?W]Yes E]No Type: N/A Vendor Name: Category: KPFF Inc. DBA KPFF Consulting Engineers Contract Vendor Number: Sub-Category: JIM EL c 34233 Original O Project Name: Ruth Property Demolition Plan 3- Project Details: Provide a demolition plan for the Ruth Property located at 12410 SE 248th Street. O C C O Basis for Selection of Contractor: � Agreement AmounFAU9 26 Direct Negotiation E _ *Memo to Mayor must be i Start Date: 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: W1 Yes In-ProcessD Exempt(KCC 5.01.045) W]Authorized Signer Verified Notice required prior to disclosure? Contract Number: E]YesW1No CAG2023-462 Comments: H i 3 f0 a1 C C a1 Vf � 3 O a, cc Date Received:City Attorney: 8/24/23 Date Routed:Mayor's Office 8/25/23 City Clerk's Office 8/31/23 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 4e�.O�. 4 KENT WAs H1—ToH CONSULTANT SERVICES AGREEMENT between the City of Kent and KPFF, Inc. dba KPFF Consulting Engineers THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KPFF, Inc. dba KPFF Consulting Engineers organized under the laws of the State of Washington, located and doing business at 2407 North 315t Street, Suite 100, Tacoma, WA 98407 (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 a demolition plan for the Ruth Property located at 12410 SE 248t" Street. 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 $31,926, 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: WW,6�M, AYm~ By:William M.Armour(Aug 23,2023 14:01 PDT) By: Print Name: William M. Armour Print Name: Dana Ralph Its Associate Its Mayor DATE: 8-23-2023 DATE: 08/30/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Bill Armour Bryan Higgins KPFF Consulting Engineers City of Kent 2407 N 315t St., Suite 100 220 Fourth Avenue South Tacoma, WA 98047 Kent, WA 98032 (253) 359-9054 (telephone) (253) 856-5113 (telephone) Bill.armour@kpff.com (email) bhiggins@kentwa.gov (email) APPROVED AS TO FORM: 4, 'Kent Law D6�artment ATTEST:k�� A�X4 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, EEO COMPLIANCE DOCUMENTS - 2 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 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. W400 u�M, Arm~ By:William M.Armour(Aug 73,)M 14:07 PDT) For: KPFF Consulting Engineers Title: Associate Date: 8-23-2023 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 lqjff July 24, 2023 Mr. Bryan Higgins Park Capital Project Manager Parks Planning and Development 220 Fourth Avenue South Kent, Washington 98032 Subject: Ruth Property Demolition Plan Proposal for Engineering Services Dear Bryan: Thank you for asking KPFF Consulting Engineers (KPFF) to provide engineering consulting services for the Ruth Property Demolition Project (Project). We understand that the Project site is located at 12410 SE 248th Street just East of Morrill Meadows Park, and consists of three parcels (King County Parcels 2122059097, 2122059098, and 2122059037) totaling approximately 17 acres and is referred to as the Ruth Property after its former owner. Kent Parks has acquired the property as part of the larger vision of Clark Lake Park. The property is currently unoccupied, and it is Kent Parks desire to remove the structures in preparation for expanding the amenities of the Clark Lake Park facility. Of the three parcels, only two contain structures to be demolished. Parcel 2122059097 consisting of 1.78 acres fronts 2481" Street and contains the following improvements to be demolished or decommissioned: • Residence — approximately 6,000 sf • Swimming Pool and Concrete Patio • Sports Court • Landscape Feature/Koi Pond • Hot Tub • Gazebo • Well House/Domestic Water Well from Observations and Available Records • Ornamental Windmill • Fencing (Wood, Brick, Board on Board, Chain Link, etc) • Driveway Entry Gate and Decorative Mailbox • Driveway/"Governor's Circle", and Misc. Roadway • Underground Oil Tank from Observations and Available Records • Onsite Septic System from Observations and Available Records 2407 North 3111 Street,Suite 100,Tacoma,WA 98407 (253)396-0150 Seattle Tacoma Lacey Portland Boise San Francisco Sacramento Los Angeles Long Beach Irvine San Diego St.Louis Louisville New York Bryan Higgins July 24, 2023 Page: 2 Parcel 2122059098 is approximately 2.48 acres in size and contains the following improvements to be demolished: • Three Bay Garage —approximately 1,900 sf • Barn —approximately 2,000 sf • Loafing Shed —approximately 1,100 sf • Shop/Outbuilding — approximately 1,600 sg • Fencing (Wood, Board on Board, Chain Link, etc) There are miscellaneous pieces of farm equipment located on both sites that are proposed to be removed as part of the project along with trash,tires, etc. Existing vegetation including ornamental landscaping, fruit trees, evergreen, and deciduous trees are anticipated to remain except for foundation plantings in the immediate vicinity of the buildings being removed. It is Kent Parks intent to demolish the existing structures and improvements in their entirety, and to fill holes and depressions to provide a smooth transition with adjoining grade. The site will be stabilized upon completion of the demolition. SCOPE OF WORK KPFF will provide Project Management and Civil Engineering services to provide required documents to support project design, permitting, bid, and construction. Efforts related to bid phase and construction support services will be included in a separate proposal upon request from Kent Parks. We understand that Kent Parks has determined that the project will require a Demolition Permit from the City of Kent. It is assumed that Kent Parks staff will complete the Demolition Permit application and will coordinate all permitting efforts with the City. KPFF will provide permit assistance by providing design documents, comment review, and design document revisions as necessary. For purposes of this proposal we have assumed that any environmental permitting, if required, will be the responsibility of Kent Parks. Based on our understanding of the project, we propose the following Scope of Work: Task 1 — Project Management Task includes: • Project Set-up and Invoicing • Miscellaneous Coordination and Meetings with Kent Parks and City of Kent Staff Bryan Higgins July 24, 2023 Page: 3 Task 2- 60% Design Completion Task includes: • Site Visits (1) • Preparation of Cover Sheet (1 sheet) • Preparation of General Notes and Details (2 sheets) • Preparation of Existing Conditions Plan (1 sheet) • Preparation of TESC Plan and Details (2 sheets) • Preparation of Demolition Plans (4 sheets) • Preparation of Photo and Demolition Detail Sheets (8-10 sheets) • Utility Demolition Coordination Deliverables include: • Design Drawings at 60% Level of Completeness Task 3- 100% Design, Permit, and Bid Document Completion Task includes: • 60% Design Review and Discussion with Kent Parks and City Staff • Completion of 100% Level, Permit Ready Design Drawings • Completion of Bid-Ready Design Drawings • Assist Kent Parks with Preparation of City of Kent Demolition Permit Application Deliverables include: • Design Drawings at 100% Level of Completeness 0 100% Drawings to be included in Demolition Permit Submittal o Revised 100% Drawings for Permit Resubmittal • Bid Ready Design Drawings SCHEDULE KPFF is prepared to begin design efforts immediately after receiving notice to proceed and we will work with you to develop a project schedule and timeline of goals to reach the permit and bid stages of the project in a timely manner. ASSUMPTIONS The following assumptions were made in preparing this proposal: 1. No survey work will be required. All site plans will be prepared using City of Kent/Kent Parks provided GIS and as-built data and publicly available aerial photography. Bryan Higgins July 24, 2023 Page: 4 2. Kent Parks will coordinate disconnect of site power and communications services at the utility poles. 3. Water well(s) will be verified via the Washington State Department of Ecology web site and readily available records. Kent Parks will be responsible for applying for and decommissioning existing well(s) prior to the start of demolition. Water supply lines will be cut and capped and abandoned in place. 4. The approximate location of any onsite septic system will be identified via the City of Kent, King County Health Department, and other readily available records. Kent Parks will be responsible for applying for and the decommissioning existing onsite septic system(s) prior to the start of demolition. Sewer lines will be cut and capped and abandoned in place. 5. A hazardous material survey will be required for project permitting. It is understood that Kent Parks is responsible for completing the hazardous materials survey and will provide the report to KPFF for purposes of referencing appropriate information in the design drawings and technical specifications if required. 6. A City of Kent Site Development Permit will not be required as the Project scope of work does not propose any site improvements. 7. Environmental related research, design, and permitting will be by others. ADDITIONAL SERVICES Additional services include all services that are not part of the Scope of Work described above. This includes those services that arise as a result of unforeseen circumstances that occur during the design or construction of the project and will require additional fee or adjustment to the schedule. Additional services will be performed only at the direction of Kent Parks and will be billed on an hourly basis. Bryan Higgins July 24, 2023 Page: 5 FEE We propose to perform the above scope of work for an estimated maximum fee of $31,926 approximately distributed by tasks as shown below. Our effort will be billed on a time and materials basis under a new Professional Services Agreement with the City of Kent. A detailed breakout of the fee estimate is shown in the attached Fee Estimate Spreadsheet. Estimated Fee Task 1 — Project Management $3,056 Task 2 —60% Design Documents $20,638 Task 3 — 100% Design, Permit, and Bid Documents $8,132 Reimbursables $100 Total Estimated Maximum Fee = $31,926 Thank you for the opportunity to assist Kent Parks with the project. Please call me at 253-396- 0150 if you have any questions or require additional information. Si erely Bill Armour, P.E. Associate Attachments: Fee Estimate Spreadsheet LO V N N M V O O 00O � O O 'IN p N M l0 O M M M M N m 7 �O M M r 7 M �y 00 p Ol Vf N vNT N N Vf M M in N II II II C N N N W LL W LL N 3 N E E O W W UL O N N 00 ItN 00 It d G N 0 r r � W O = O 0 V d• 00 N N V N N N b N N N N N cn U, W N A C � � y N pti O O O O in N O r W a J W Ln CC N V 00 00 1"1 N N N N N N 00 M M 6 h m a o a` O = O E _N C N N Is ri a eci o O O c u a` 04 = e m m c a F r Nra d a in o 0 o Gl vii a �' E 3 w o O 00) E o O 0 Nno C CL a ti c d m o Y o m a O No Z' N C m E a > w -O O p Y c UO O O E ++ c d _ E o N 3 a f0 .o °� 1 a Y .a v �; Y a v y d v w CC C h N E Y = G v 3 c 01 p h 0 L C ui c-I N p Y >, G1 Y m v v v C L T to v Lu0 LVO m 3 v C N o a— i3 N "6 f6 ? o -O 0 c O oo r ocu g ° ° o c m E au m yv ° « 'u a `m a v o c c v E a p a D v a O o v a � L C N m E L z U c O s d '6 '6 d O O .� .- -O C) VI R 00 f0 + to c c J c c v c a c a .Y v o o .o c� o o u o 00 W m c c Ln E vl M m •2 v U C7 w F o .� o c a C ti m a Y E 4 a o- 0 0 0 0 0 0 v o o v •a d En p m u a` v° o - 0 0 0 0 0 - no .o O QJ L.L V O Y v N Y > E Y 1? GL +-' E 4J a N m m o v v v v v v m o 0 0 Y LL Y I.- r o I.- n d a d a d a r ml. v v ¢ 10, Exhibit B Insurance Requirements Insurance The Contractor 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 Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (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 Contractor'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. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all autos used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on 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. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. Professional Liability or Errors & Omissions insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $2,000,000 per occurrence, $4,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Professional Liability or Errors & Omissions insurance shall be written with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate limit. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability and Automobile Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice has been given to the City, sent via certified mail, return receipt requested. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an 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 Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect 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 Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsements naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. 78/15/2023 (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: Jerry Noyola Edgewood Partners Ins. Center/Greyling PHONE FAX 3780 Mansell Road, Suite 370IA/C. A/C No Ext: 770.220.7699 A/C No):770.220.7699 Alpharetta GA 30022 ADDRESS: greylingcerts@greyling.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: National Union Fire Ins Co of Pittsburg19445 INSURED KPFFINC INSURER B:The Travelers Indemnity Company 25658 KPFF, Inc. 1601 5th Ave INSURER C: New Hampshire Insurance Company 23841 Suite 1600 INSURER D:Allied World Surplus Lines Insurance Co 24319 Seattle WA 98101 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:947491687 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 A X COMMERCIAL GENERAL LIABILITY GL5268336 4/1/2023 4/1/2024 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) ccurrence $500,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY❑X PROJECT ❑ LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA9775930 4/1/2023 4/1/2024 COMBINED SINGLE LIMIT $2 000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED L NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR CUP5W27617523NF 4/1/2023 4/1/2024 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$in nnn $ C WORKERS COMPENSATION WCO22298245(AOS) 4/1/2023 4/1/2024 X STATUTE OERH C AND EMPLOYERS'LIABILITY YIN WCO22298244(CA) 4/1/2023 4/1/2024 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NI 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 D Professional/Pollution Liability 03120067 10/10/2022 4/1/2024 Per Claim 10,000,000 Aggregate 10,000,000 SIR: 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: KPFF Project#2300119-Ruth Property Demolition.The City of Kent is named as an Additional Insured with respects to General&Automobile Liability where required by written contract.The above referenced liability policies with the exception of workers compensation and professional liability are primary& non-contributory where required by written contract.Waiver of Subrogation in favor of Additional Insured(s)where required by written contract&allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days'written notice(except 10 days for nonpayment of premium)will be provided to the Certificate Holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 � T - ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 526-83-36 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. CG 20 10 12 19 4 Insurance Services Office, Inc., 2018 Page 1 of 2 ❑ A. Section II - Who Is An Insured is amended to maintenance or repairs) to be performed by include as an additional insured the person(s) or or on behalf of the additional insured(s) at organization(s) shown in the Schedule, but only the location of the covered operations has with respect to liability for "bodily injury", been completed; or "property damage" or "personal and advertising 2. That portion of "your work" out of which injury" caused, in whole or in part, by: the injury or damage arises has been put to 1. Your acts or omissions; or its intended use by any person or 2. The acts or omissions of those acting on organization other than another contractor or your behalf; subcontractor engaged in performing in the performance of your ongoing operations operations for a principal as a part of the for the additional insured(s) at the location(s) same project. designated above. C. With respect to the insurance afforded to these additional insureds, the following is added to However: Section III - Limits Of Insurance: 1. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most by law; and we will pay on behalf of the additional insured 2. If coverage provided to the additional is the amount of insurance: insured is required by a contract or 1. Required by the contract or agreement; or agreement, the insurance afforded to such additional insured will not be broader than 2. Available under the applicable limits of that which you are required by the contract insurance; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the B. With respect to the insurance afforded to these applicable limits of insurance. additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: 526-83-36 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 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 — Who Is An Insured is amended to include as an additional insured the person(s) or B. With respect to the insurance afforded to organization(s) shown in the Schedule, but only these additional insureds, the following is with respect to liability for "bodily injury" or added to Section III — Limits Of Insurance: "property damage" caused, in whole or in part, If coverage provided to the additional insured is by "your work" at the location designated and required by a contract or agreement, the most described in the Schedule of this endorsement we will pay on behalf of the additional insured performed for that additional insured and is the amount of insurance: included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted whichever is less. by law; and This endorsement shall not increase the 2. If coverage provided to the additional applicable limits of insurance. 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 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01 /2023 forms a part of Policy No. 526-83-36 issued to KPFF, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. AMENDMENT OF LIMITS OF INSURANCE (Per Project or Per Location Aggregate Limit) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. Your policy is amended to include either a Per Project General Aggregate Limit, a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please select only one of the following: [ I Per Project General Aggregate Limit $ [ I Per Location General Aggregate Limit $ [XI Per Project and Per Location General Aggregate Limit $ 2,000,000 IF NEITHER OF THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. II. SECTION III - LIMITS OF INSURANCE , is amended to include the following: 1. The Limits of Insurance and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under CoverageC; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under CoverageC 86681 (9/04) Includes copyrighted material of Insurance Services Office, Inc. with its permission.Page 1 of 2 because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we will pay under Coverage A because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. Subject to 2., 4., 5., 6., and/or 7. above, the Per Project Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical Expenses under CoverageC arising out of any single Project described above. 9. Subject to 2., 4., 5., 6., and/or 7. above, the Per Location Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical expenses under Coverage C arising out of the any single Location described above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. III. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the Limits of Insurance set forth below. Limits of Insurance General Aggregate Limit $ 10,000,000 Each Occurrence $ 1 ,000,000 Products-Completed Operations Aggregate Limit $ 2,000,000 Personal & Advertising Injury Limit $ 1 ,000,000 Damage to Premises Rented to $ 500,000 Medical Expense Limit $ 25,000 Per Project General Aggregate Limit, Per Location $ 2,000,000 General Aggregate Limit or Per Project and Per Location General Aggregate Limit IV. SECTION V - DEFINITIONS, is amended to include the following: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way railroad. All other terms and conditions of this policy remain the same.f Authorized Representative or Countersignature (in States Where Applicable) 86681 (9/04) Includes copyrighted material of Insurance Services Office, Inc. with its permission.Page 2 of 2 Signature: Ten-o ,j�awy Signature: Terry JungnYan(Aug 23, 02312:52 PDT) OWIAV—c Email: tjungman@kentwa.gov Email: phuynh@kentwa.gov Signature: H,-ia I I-Oye 7414Wn Brian Levenhagen(Aug 23,2023 1(11 PDT) Email: bjlevenhagen@kentwa.gov PPD_082223_KPFF_Ruth Prop Demo Plan Final Audit Report 2023-08-24 Created: 2023-08-23 By: KateLynn Jennings(kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAOBjlgS1dzBiOWRJfKFsICIXU17oal-cM "PPD_082223_KPFF_RuthPropDemoPlan" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2023-08-23-4:55:37 PM GMT-IP address: 146.129.252.126 Document emailed to Terry Jungman (tjungman@kentwa.gov)for signature 2023-08-23-4:57:07 PM GMT s Email viewed by Terry Jungman (tjungman@kentwa.gov) 2023-08-23-7:52:37 PM GMT-IP address: 104.47.65.254 Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date:2023-08-23-7:52:55 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to Phung Huynh (phuynh@kentwa.gov)for signature 2023-08-23-7:52:56 PM GMT `1 Email viewed by Phung Huynh (phuynh@kentwa.gov) 2023-08-23-8:07:55 PM GMT-IP address: 104.47.64.254 Document e-signed by Phung Huynh (phuynh@kentwa.gov) Signature Date:2023-08-23-8:08:54 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to bill.armour@kpff.com for signature 2023-08-23-8:08:55 PM GMT 3 Email viewed by bill.armour@kpff.com 2023-08-23-9:05:52 PM GMT-IP address:4.71.152.74 Ltd Signer bill.armour@kpff.com entered name at signing as William M. Armour 2023-08-23-9:07:43 PM GMT-IP address:4.71.152.74 �} Document e-signed by William M. Armour(bill.armour@kpff.com) Signature Date:2023-08-23-9:07:45 PM GMT-Time Source:server-IP address:4.71.152.74 Powered by r � Adobe T Acrobat Sign P. Document emailed to bjlevenhagen@kentwa.gov for signature 2023-08-23-9:07:46 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2023-08-24-0:10:34 AM GMT-IP address: 104.47.64.254 Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2023-08-24-0:11:17 AM GMT-IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2023-08-24-0:11:19 AM GMT-Time Source:server-IP address: 146.129.252.126 Q Agreement completed. 2023-08-24-0:11:19 AM GMT Powered by r � Adobe T Acrobat Sign