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HomeMy WebLinkAboutCAG2023-474 - Original - ASM Affiliates, Inc. - Springwood Park Renovation Cultural Resource Survey - 09/12/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr:TI Agreement Routing Form DirAsst: �-/- • For Approvals,Signatures and Records Management Dir/Dep: g` K E N T This form combines&replaces the Request for Mayor's Signature and Contract Cover BL (Optional) W A 5 H 1 N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Ron Lashley - Kerry O'Connor Parks, Recreation & Community Services Date Sent: Date Required: 08/02/2023 ASAP 0 fl. Authorized to Sign: Date of Council Approval: aW]Mayor or Designee N/A Budclet Account Number: Grant? Yes No W1 P21032 Budget?W]Yes E]No Type: N/A Vendor Name: Category: ASM Affiliates, Inc. Contract Vendor Number: Sub-Category: = 2503291 Original 0 Project Name: Springwood Park Renovation Cultural Resource Survey oProject Details: As described in Exhibit A, incorporated herein, the consultant shall provide = project management services for the Springwood Park Renovation Cultural }, Resource Survey c Basis for Selection of Contractor: E Agreement Amount: 20000 Direct Negotiation N *Memo to Mayor must be attached i Start Date: 08/01/23 Termination Date: 12/01/25 im Q Local Business? Yes W]No*If meets requirements per KCC3.70.100,please complete'Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: W1 Yes In-Process ElExempt(KCC 5.01.045) W1 Authorized Signer Verified Notice required prior to disclosure? Contract Number: F—]YeswINo CAG2023-474 Comments: 1A N 3 f0 � C = 3 0 a, Date Received:City Attorney: 9/5/23D ate Routed:Mayor's Office City Clerk's Office9/14/23 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and ASM Affiliates THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ASM Affiliates, organized under the laws of the State of Washington, located and doing business at 26231 72nd Ave NW, Suite 201, Standwood WA, 98292 (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 Exhibit A, incorporated herein, the consultant shall provide project management services for the Springwood Park Renovation Cultural Resource Survey. 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 1, 2025 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $20,000, 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 Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 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:Dave Iversen 2023 13:57 PDT) By Print Name: Dave Iversen Print Name: Dana Ralph Its Director Its Mayor DATE: Aug31,2023 DATE: 09/12/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Dave R. Iversen Kerry O'Connor ASM Affiliates City of Kent 26231 72nd Ave NW Suite 201 220 Fourth Avenue South Standwood, WA 98292 Kent, WA 98032 (360) 572-4870 (telephone) (253) 856-5115 (telephone) diversen@asmaffiliates.com (email) koconnor@kentwa.gov (email) APPROVED AS TO FORM: An 6A Kent Law Department ATTEST: et4� 9W6 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. nEI- By:Dave Iversen(Aug31,202313:57 PDT) For: ASM Affiliates Title: Director Date: Aug 31,2023 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 ASM Archaeology•History-Ethnography-Architectural History June 27,2023 Kerry O'Connor Park Planner 220 Fourth Avenue South Kent,WA 98032 Re: Proposal to Conduct a Cultural Resources Assessment for the Springwood Park Redevelopment Project,Kent,King County,Washington Dear Kerry; ASM Affiliates, Inc. (ASM) is pleased to present this proposal to conduct a cultural resources assessment associated with the above referenced project at 12700 SE 274th Street, Kent, Washington. This proposal includes a brief scope of services to be provided,the estimated cost to complete the services proposed, and a schedule for completion of the project.All services will be provided in compliance with Washington State Recreation and Conservation Office(RCO)and Washington State Department of Archaeology and Historic Preservation(DAHP) standards. Background Research Prior to the commencement of fieldwork, ASM will conduct records searches of site forms and previous cultural resources reports on file at the DAHP, as well as archival review of other existing documentation that may be useful to determine cultural resources concerns or historical properties located within 1-mi. of the project area.Library and online resources will also be consulted to check historic land survey and patent maps,topographic maps,and other pertinent historical documents.Additionally,ASM will coordinate with the RCO Cultural Resources Specialist concerning the project. Fieldwork Fieldwork will include an intensive survey to examine all exposed ground surfaces for archaeological resources. Subsurface excavation will be conducted to determine if unknown significant sites are present below the ground surface.ASM will conduct subsurface excavations at regular intervals in accessible areas proposed for development. Shovel test probe (STP) excavations will be used to determine the presence, extent, and structure of subsurface deposits, and assist in the determination of the nature of any identified site boundaries. Sediment from STP excavations will be screened through '/4-in. hardware mesh. Results will be documented on ASM forms,which include provenience location,artifact inventory,information on sediment type and color,termination depth, and general observations. The locations of excavations will be plotted on project maps and included on report quality figures within the context of a technical report. Documentation ASM will complete appropriate DAHP Inventory Forms for any cultural resources encountered. However, National Register of Historic Places (NRHP) eligibility evaluation, data recovery, and/or archaeological monitoring for any cultural resources identified is not included in the proposed scope of services or the estimated cost provided. Draft and final technical reports will be prepared to fully document the results of the survey. 2034 Corte Del Nogal,Carlsbad,California 92011 ■(760)804-5757•Fax:(760)804-5755 26231 72nd Ave.NW,Suite 201,Stanwood,Washington 96292-(360)572-4870-Fax:(360)572-4871 www.asmatfiliates.com June 27,2023 Kerry O'Connor Page 2 of 2 Cost Estimate and Schedule ASM will complete the fieldwork as described above for a fixed-fee cost of$20,000.00.ASM will complete all work or the project and submit a report for dissemination to RCO and DAHP on or before August 31, 2023. The following assumptions are included in this estimate and schedule: • A Notice to Proceed on or before July 1,2023; • A maximum of 50 STP excavations will be conducted for the fieldwork; • No cultural resources will be identified; • A cost of$2,500 would be incurred for the documentation of any additional cultural resources identified; • NRHP evaluation, data recovery,and/or on-site monitoring for any additional cultural resources identified will be performed under a separate contract. Billing invoices will be prepared monthly for work in progress unless otherwise agreed. Invoices are to be paid to ASM Affiliates,Inc. within 30 days after invoice date.Any invoices not paid in 90 days are subject to a service charge of 1.5%per month on the unpaid balance. I hope this proposal provides the information you require and meets with your satisfaction. Should you have any questions,please do not hesitate to contact me. We appreciate the opportunity to work with you on this project. Respectfully, David R. Iversen Senior Archaeologist Acceptance: You may authorize ASM to proceed with the assignment herein identified by returning a signed copy of this proposal. Signature Name and Title Date 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. 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 of 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. Professional Liability or Errors & Omissions insurance appropriate to the Consultant's profession. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. 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. 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. DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 07/10/2023 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). PRODUCER CONTACT BJ Sheffield NAME: FALCON WEST INSURANCE BROKERS,INC. HONE Ext: (619)297-9182 P XC,No): (619)297-3366 License#0616640 E-MAIL beeg@falconwest.com ADDRESS: g@ 2525 Camino Del Rio S Ste 100 INSURER(S)AFFORDING COVERAGE NAIC# San Diego CA 92108 INSURERA: Ironshore Specialty Insurance 25445 INSURED INSURER B: Wesco Insurance Company 25011 ASM Affiliates,Inc, INSURER C: Technology Insurance Company 42376 2034 Corte Del Nogal INSURER D: Hartford Insurance 11000 INSURER E Carlsbad CA 92011 INSURER F COVERAGES CERTIFICATE NUMBER: 22 to 23 #1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE F OCCUR PREMISES Ea oDAMAGE TO lccurrrence $ 500,000 X General Liab Per Occ Ded$5,000 MED EXP(Any one person) $ 25,000 A X Pollution Liab Ded$5,000 Y IEPUW0013123600 09/10/2022 09/10/2023 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY PEA F7LOC PRODUCTS-COMP/OP AGG $ 5,000'000 OTHER: Pollution Liab Occ/Agg $ 5,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y WPP1985718 00 09/10/2022 09/10/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED Hx NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accidentX Coll$2000 Comp$2000 $ UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A X EXCESS LIAB CLAIMS-MADE XSCUW0013123500 09/10/2022 09/10/2023 AGGREGATE $ 5,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION X1 SPER TATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? N/A TWC4147642 09/10/2022 09/10/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability Prof Liab Occ/Agg $5Mil/$5Mil A (D)IM Cov#72SBABD4369 IEPUW0013123600 09/10/2022 09/10/2023 Deductible $25,000 IM Coverage/Ded$1000 $118,049 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Job:Springwood Park Redevelopment,Kent,WA The City of Kent is included as an Additional Insured as required by written contract on the General Liability and Auto.Coverage is Primary& Non-Contributory as required by written contract on General Liability and Auto.*30 Days Notice of Cancellation with 10 days Notice for Non-payment of premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Parks and Recreation THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Attention Kerry O'Connor ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 CWPAAL� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: WPP1985718 00 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed e. An "employee"of yours is an "insured" Organizations, Employee Hired Car while operating an "auto" hired or rented Liability and Blanket Additional Insured under a contract or agreement in that Status for Certain Entities. "employee's" name, with your Item 1. Who is an Insured of Paragraph A. permission, while performing duties Coverage under SECTION II —COVERED related to the conduct of your business. AUTOS LIABILITY COVERAGE is f. Any person or organization you are amended to add: required by written contract or d. Any organization you newly acquire or agreement to name as an additional form, other than a partnership,joint "insured", but only with respect to venture or limited liability company, and liability created in whole or in part by over which you maintain ownership of a such agreement. majority interest (greater than 50%), will B. Increase Of Loss Earnings Payment qualify as a Named Insured; however, Subpart(4) of a. Supplementary Payments (1) coverage under this provision is of Item 2. Coverage Extensions of afforded only until the 180th day Paragraph A. Coverage under SECTION II after you acquire or form the —COVERED AUTOS LIABILITY organization or the end of the policy COVERAGE is amended to read: period, whichever is earlier; (4) We will pay reasonable expenses (2) coverage does not apply to "bodily incurred by the "insured"at our injury", "property damage" or request, including actual loss of "covered pollution cost or expense" earnings up to $1,000 per day that results from an "accident"which because of time off from work. occurred before you acquired or C. Fellow Employee Injured By Covered formed the organization; and Auto You Own Or Hire (3) coverage does not apply if there is Item 5. Fellow Employee of Paragraph B. other similar insurance available to Exclusions under SECTION II—COVERED that organization, or if similar AUTOS LIABILITY COVERAGE is insurance would have been amended to add: available but for its termination or the exhaustion of its limits of This exclusion does not apply if the "bodily insurance. injury" results from the use of a covered "auto" you own or hire. Such coverage as This insurance does not apply if is afforded by this provision is excess over coverage for the newly acquired or any other collectible insurance. formed organization is excluded either by the provisions of this coverage form or by endorsement. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 5 Used with permission D. Limited Automatic Towing Coverage G. "Personal Effects" Coverage Item 2. Towing, of Paragraph A. Coverage, Item 4. Coverage Extensions of Paragraph under SECTION III— PHYSICAL DAMAGE A. Coverage, under SECTION III - COVERAGE is amended to read: PHYSICAL DAMAGE COVERAGE, is amended to add: 2. Towing "Personal Effects" Coverage We will pay for towing and labor costs each time that a covered "auto" is We will pay actual cash value for"loss"to disabled. All labor must be performed at "personal effects" of the "insured" while in the place of disablement of the covered a covered "auto" subject to a maximum "auto". limit of$2,500 per"loss", for that covered "auto" caused by the same "accident". No a. The limit for towing and labor for deductible will apply to this coverage. each disablement is $500; H. "Downtime Loss" Coverage b. No deductible applies to this cover- age. Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION E. Item 3. Glass Breakage— Hitting A Bird III. PHYSICAL DAMAGE COVERAGE, is Or Animal —Falling Objects or Missiles of amended to add: Paragraph A. Coverage under SECTION III — PHYSICAL DAMAGE COVERAGE, is "Downtime Loss" Coverage amended to add: We will pay any resulting "downtime loss" Glass Repair Coverage expenses you sustain as a result of a covered physical damage "loss"to a We will waive the Comprehensive covered "auto" up to a maximum of$100 deductible for Glass, if one is indicated on per day, for a maximum of 30 days for the your covered "auto", for glass repairs. We same physical damage "loss", subject to will repair at no cost to you, any glass that the following conditions: can be repaired without replacement, provided the "loss"arises from a covered a. We will provide"downtime loss" beginning Comprehensive "loss"to your"auto". on the 5 day after we have given you our agreement to pay for repairs to a F. Increase Of Transportation Expense covered "auto" and you have given the Coverage repair facility your authorization to make Subpart a. Transportation Expenses of repairs; Item 4. Coverage Extensions of Paragraph b. Coverage for"downtime loss" expenses A. Coverage under SECTION III— will end when any of the following occur: PHYSICAL DAMAGE COVERAGE is amended to read: (1) You have a spare or reserve "auto" available to you to continue your a. Transportation Expenses operations. We will pay up to $50 per day to a (2) You purchase a replacement"auto". maximum of$1,000 for temporary transportation expense incurred by you (3) Repairs to your covered "auto" have because of the total theft of a covered been completed by the repair facility "auto" of the private passenger type. and they determine the covered We will pay only for those covered "auto" is road-worthy. "autos"for which you carry either (4) You reach the 30 day maximum Comprehensive or Specified Causes of coverage. Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission I. Item 4. Coverage Extensions, of d. Contraband or property in the course Paragraph A. Coverage, under SECTION of illegal transportation or trade. III. PHYSICAL DAMAGE COVERAGE, is e. "Loss" caused by theft, unless there is amended to add: evidence of forced entry into the We will pay any resulting rental covered "auto" and a police report is reimbursement expenses incurred by you for filed. a rental of an "auto" because of"loss"to a K. Accidental Airbag Discharge Coverage covered "auto" up to a maximum of$100 per day, for a maximum of 30 days for the same Item 3.a. of Paragraph B. Exclusions under physical damage "loss", subject to the SECTION III — PHYSICAL DAMAGE following conditions: COVERAGE is amended to read: a. We will provide rental reimbursement a. Wear and tear, freezing, mechanical incurred during the policy period or electrical breakdown. The beginning 24 hours after the "loss" and exclusion relating to mechanical ending, regardless of the policy break-down does not apply to the expiration, with the number of days accidental discharge of an air bag. reasonably required to repair or replace L. Loan or Lease Gap Coverage the covered "auto". If the "loss" is Paragraph C. Limit Of Insurance under caused by theft, this number of days is SECTION III — PHYSICAL DAMAGE the number of days it takes to locate the COVERAGE is amended to add: covered "auto"and return it to you or the number of days it takes for the claim to If a covered "auto" is owned or leased and be settled, whichever comes first. if we provide Physical Damage Coverage b. Our payment is limited to necessary and on it, we will pay, in the event of a covered actual expenses incurred. total "loss", any unpaid amount due on the lease or loan for a covered "auto", less: c. This coverage does not apply while a. The amount paid under the Physical there are spare or reserve "autos" Damage Coverage Section of the available to you for your operations. policy; and d. If a"loss" results from the total theft of a b. Any: covered "auto"of the private passenger type, we will pay under this coverage (1) Overdue lease or loan only that amount of your rental payments including penalties, reimbursement expenses which is not interest or other charges already provided for under the Physical resulting from overdue Damage Coverage Extension. payments at the time of the J. "Personal Effects" Exclusion "loss"; Paragraph B. Exclusions under SECTION (2) Financial penalties imposed III —PHYSICAL DAMAGE COVERAGE, is under a lease for excessive use, amended to add: abnormal wear and tear or high mileage; "Personal Effects" Exclusion (3) Costs for extended warranties, We will not pay for"loss"to"personal Credit Life Insurance, Health, effects" of any of the following: Accident or Disability Insurance a. Accounts, bills, currency, deeds, purchased with the loan or evidence of debt, money, notes, lease; securities or commercial paper or (4) Security deposits not refunded other documents of value. by the lessor; and b. Bullion, gold, silver, platinum, or other (5) Carry-over balances from precious alloys or metals; furs or fur previous loans or leases garments;jewelry; watches; precious or semi-precious stones. c. Paintings, statuary and other works of art. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of 5 Used with permission M. Aggregate Deductible (3) An "executive officer"or director, if Paragraph D. Deductible under SECTION you are a corporation; III — PHYSICAL DAMAGE COVERAGE is (4) A manager or member, if you are a amended to add: limited liability company; Regardless of the number of covered (5) Your insurance manager; or "autos" involved in the same "loss", only (6) Your legal representative. one deductible will apply to that"loss". If the deductible amounts vary by"autos", P. Waiver Of Subrogation For Auto Liability then only the highest applicable deductible Losses Assumed Under Insured Contract will apply to that"loss". Item 5. Transfer Of Rights Of Recovery N. Diminishing Deductible Against Others To Us of Paragraph A. Loss Conditions under SECTION IV— Paragraph D. Deductible under SECTION BUSINESS AUTO CONDITIONS is III — PHYSICAL DAMAGE COVERAGE is amended to read: amended to add: 5. Transfer of Rights of Recovery Any deductible will be reduced by the Against Others To Us percentage indicated below on the first "loss" reported during the corresponding If any person or organization to or for policy period: whom we make payments under this Coverage Form has rights to recover damages from another, those rights are Loss Free Policy Periods Deductible transferred to us. That person or With the Expansion Reduction on the organization must do everything Endorsement first"loss" necessary to secure our rights and must 1 0% do nothing after an "accident" or"loss" 2 25% to impair them. However, if the insured has waived those rights to recover 3 50% through a written contract, we will waive 4 75% any right to recovery we may have 5 100% under this Coverage Form. If we pay a Physical Damage "loss"during Q. Insurance is Primary and the policy period under any BUSINESS Noncontributory AUTO COVERAGE FORM you have with Subpart a. of Item 5. Other Insurance of us, your deductible stated in the Paragraph B. General Conditions under Declarations page of each such SECTION IV— BUSINESS AUTO COVERAGE FORM will not be reduced on CONDITIONS is amended to read: any subsequent claims during the remainder of your policy period and your deductible a. This insurance is primary and reduction will revert back to 0% for each noncontributory, as respects any other such COVERAGE FORM if coverage is insurance, if required in a written contract with you. renewed. O. Knowledge of Loss and Notice To Us R. Other Insurance— Hired Auto Physical Damage Subsection a. of Item 2. Duties In the Event Subpart b. of Item 5..Other Insurance of of Accident, Claim, Suit or Loss of Paragraph B. General Conditions under Paragraph A. Loss Conditions under SECTION IV-- BUSINESS AUTO SECTION IV— BUSINESS AUTO CONDITIONS is amended to add: CONDITIONS is amended to read: However, prompt notice of the "accident", b. For Hired Auto Physical Damage claim, "suit" or"loss"to us or our Coverage, the following are deemedto be covered "autos" you own: authorized representative only applies after the "accident", claim, "suit" or"loss" is (1) Any covered "auto" you lease, known to: hire, rent or borrow; and (1) You, if you are an individual; (2) A partner, if you are a partnership; CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV— BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V—DEFINITIONS is amended to add: "Personal effects" means personal property owned by the "insured". "Downtime loss" means actual loss of "business income"for the period of time that a covered "auto": 1. Is out of service for repair or replacement as a result of a covered physical damage "loss" and 2. Is in the custody of a repair facility if not a total "loss". "Business Income" means: 1. Net Income (Net Profit or Loss before income taxes)that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 5 of 5 Used with permission ** IRONSHORE. A Liberty Mutual Company IRONSHORE SPECIALTY INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 Toll Free: (877) IRON411 Endorsement#12 Policy Number: Effective Date of Endorsement:' Insured Name: ASM Affiliates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIFIED ADDITIONAL INSURED(S) PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: ENVIRONMENTAL PROTECTION INSURANCE COVERAGE PACKAGE(EPIC PAC) It is hereby agreed that the policy to which this Endorsement is attached is amended as follows: SCHEDULE Name of Additional Insured Person(s)Or Organization(s) Where required by a written contract or agreement executed prior to loss. A. SECTION II—WHO IS AN INSURED,Paragraph 4.e.is amended to specify the entity indicated in the Schedule above as: e. Any person or organization you agree to include as an insured in a written contract,written agreement or permit, but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of your operations,your work,equipment or premises leased or rented by you,or your products which are distributed or sold in the regular course of a vendor's business,however: (1) A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (b) Arising out of any express warranty unauthorized by you; (c) Arising out of any physical or chemical change in the product made intentionally by the vendor; (d) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (e) Arising out of any failure to make inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; (f) Arising out of demonstration, installation servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product;or (g) Arising out of products which,after distribution or sale by you, have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for the vendor. IE.END.EPIC.012(10/14)Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 1 of 2 (2) A manager or lessor of premises,a lessor of leased equipment,or a mortgagee,assignee,or receiver is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant;or (b) Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises,or mortgagee,assignee,or receiver. B. SECTION IV—CONDITIONS, Condition 17. Other Insurance, Paragraph a. is amended to specify the entity indicated in the Schedule above as a person or organization you agreed to insure and we will not seek contributions from any such other insurance issued to such person or organization. ALL OTHER TERMS,CONDITIONS AND EXCLUSIONS OF THIS POLICY REMAIN UNCHANGED. /I/4��94!77— Authorized Representative IE.END.EPIC.012(10/14)Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 2 of 2 IRONSHORE. A Liberty Mutual Company IRONSHORE SPECIALTY INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 Toll Free: (877) IRON411 Endorsement#11 Policy Number: Effective Date of Endorsement: Insured Name: ASM Affiliates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL AGGREGATE LIMIT AMENDMENT This endorsement modifies insurance provided under the following: ENVIRONMENTAL PROTECTION INSURANCE COVERAGE PACKAGE(EPIC PAC) It is hereby agreed that the policy to which this Endorsement is attached is amended as follows: SECTION III—LIMITS OF INSURANCE AND DEDUCTIBLE,Paragraph 2.is deleted and replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages and emergency response expense under COVERAGE PART I, except damages because of bodily injury, property damage or environmental damage included in the products-completed operations hazard other than damages covered under COVERAGE PART I—Coverage G:Contractors Pollution Liability; b. Damages under COVERAGE PART II; c. Medical expense under COVERAGE PART II; d. Damages, clean-up costs, emergency response expense and legal and claims expense payments under COVERAGE PART III;and e. Damages and legal and claims expense payments under COVERAGE PART IV. ALL OTHER TERMS,CONDITIONS AND EXCLUSIONS OF THIS POLICY REMAIN UNCHANGED. Authorized Representative IE.END.EPIC.042(08/16) Includes copyrighted material of Insurance Services Offices, Inc.with its permission Page 1 of 1 ko KRO Signature: A-IeL � o'Coimol- Signature: rey�ti Kerry O'Connor 2,202314:22 PDT) Terry Jungman(Aug ,202308:40 PDT) Email: koconnor@kentwa.gov Email: tjungman@kentwa.gov Signature: � � � Signature: U.'ian LB✓BYIhaalln Brian Levenhagen(Sep 1,2023 1 2 PDT) Email: rlashley@kentwa.gov Email: bjlevenhagen@kentwa.gov PPD -Springwood Park Development - Contract Final Audit Report 2023-09-01 Created: 2023-08-02 By: Ronald Lashley(rlashley@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAVnOMEiz9QvbwkzbEDnnnP1wPn5 CUJfB "PPD -Springwood Park Development - Contract" History Document created by Ronald Lashley (rlashley@kentwa.gov) 2023-08-02-8:24:54 PM GMT-IP address: 146.129.252.126 Document emailed to Kerry O'Connor(koconnor@kentwa.gov)for signature 2023-08-02-8:31:11 PM GMT s Email viewed by Kerry O'Connor(koconnor@kentwa.gov) 2023-08-02-9:21:48 PM GMT-IP address: 104.47.65.254 Signer Kerry O'Connor(koconnor@kentwa.gov) entered name at signing as Kerry O'Connor 2023-08-02-9:22:16 PM GMT-IP address: 146.129.252.126 �} Document e-signed by Kerry O'Connor(koconnor@kentwa.gov) Signature Date:2023-08-02-9:22:18 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to Terry Jungman (tjungman@kentwa.gov)for signature 2023-08-02-9:22:19 PM GMT Email viewed by Terry Jungman (tjungman@kentwa.gov) 2023-08-03-3:38:22 PM GMT-IP address: 104.47.65.254 �>o Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date:2023-08-03-3:40:11 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to diversen@asmaffiliates.com for signature 2023-08-03-3:40:12 PM GMT Email viewed by diversen@asmaffiliates.com 2023-08-31 -8:55:30 PM GMT-IP address: 174.215.114.64 Signer diversen@asmaffiliates.com entered name at signing as Dave Iversen 2023-08-31 -8:57:15 PM GMT-IP address: 174.215.114.64 Powered by `��� Adobe T Acrobat Sign Document e-signed by Dave Iversen (diversen@asmaffiliates.com) Signature Date:2023-08-31 -8:57:17 PM GMT-Time Source:server-IP address: 174.215.114.64 L. :t. Document emailed to Ronald Lashley (rlashley@kentwa.gov)for signature 2023-08-31 -8:57:18 PM GMT s Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2023-08-31 -9:16:47 PM GMT-IP address: 104.47.64.254 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date:2023-08-31 -9:17:54 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to bjlevenhagen@kentwa.gov for signature 2023-08-31 -9:17:55 PM GMT s Email viewed by bjlevenhagen@kentwa.gov 2023-09-01 -11:21:51 PM GMT-IP address: 104.47.65.254 C)jr Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2023-09-01 -11:22:16 PM GMT-IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2023-09-01 -11:22:18 PM GMT-Time Source:server-IP address: 146.129.252.126 ® Agreement completed. 2023-09-01 -11:22:18 PM GMT Powered by r � Adobe T Acrobat Sign