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CAG2023-526 - Original - Associated Underwater Services, Inc. - Lake Fenwick Aerator Maintenance - 10/12/2023
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dlr/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. Originator: Department: Dani H. for Rowena Valencia-Gica Public Works Date Sent: Date Required: c 10/13/2023 10/18/2023 Q Director or Designee to Sign. Date of Council Approval: Q N/A Budqet Account Number: Grant?:Yes ZNo D20097 Budget?W]YesDNo Type: N/A Vendor Name: Category: Associated Underwater Services, Inc. Contract Vendor Number: Sub-Category: = Original 0 Project Name: Lake Fenwick Aerator Maintenance E Project Details:Vendor shall conduct cleaning and maintenance on Lake Fenwick's hypolimnetic aerator. Agreement Amount: $10 710 Basis for Selection of Contractor: Other *Memo to Mayor must be attached Start Date: 10/12/2023 Termination Date: 12/31/2023 Q Local Business?0YesF--]No* If meets requirements per KCC3.70.100,please complete'Vendor Purchase-Local Exceptions"formonCityspoce. Business License Verification:YesElln-ProcessElExempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: ElYesF7No CAG2023-526 Comments: _ 3 GJ y •� i GJ 3 M _ N Date Routed to the City Clerk's Office: Interlocal Agreement has been uploaded to website: ❑ aa«w22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 40*,40� • KENT WAS 1.N G T O n GOODS & SERVICES AGREEMENT between the City of Kent and Associated Underwater Services, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Associated Underwater Services, Inc. organized under the laws of the State of Washington, located and doing business at 6706 NE 175t" Street, Unit D, Kenmore, WA 98028, Phone: (206) 948-3942, Contact: Michael J. Eakin (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall conduct cleaning and maintenance on Lake Fenwick's hypolimnetic aerator. For a description and Vendor's quote, see Exhibit A which is attached and incorporated by this reference. The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services by December 31, 2023. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Ten Thousand, Seven Hundred Ten Dollars ($10,710), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid after execution of agreement and submittal of invoice. Card Payment Program. The Vendor 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 GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, ind. WSST) by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor 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. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. C. The Vendor 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 Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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 Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. FORCE MA)EURE. 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 Vendor 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 Vendor due to a force majeure event. 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 Vendor 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 Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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 Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XII. INDEMNIFICATION. The Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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 Vendor's part, then the Vendor 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 Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor 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. XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor 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 Vendor's own risk, and the Vendor 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. XV. 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. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) 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 XII 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 Vendor. 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 Vendor 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 Vendor'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 Vendor 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 Vendor 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. 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. GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) 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. VENDOR: Associated Underwater Services Inc. CITY OF KENT: p Y- Y1 Digitally signed by Chad Bieren By: By: Chad B i e re n Date:2023.10.12 16:10:21-07'00' Print Name: Nanci Donohue Print Name: Chad Bieren, P.E. Its: President Its: Public Works Director DATE: 10/12/2023 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Michael J. Eakin Chad Bieren, P.E. Associated Underwater Services, Inc. City of Kent 6706 NE 171h Street, Unit D 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 (206) 948-3942 (telephone) (253) 856-5500 (telephone) Michael@ausdiving.com (email) PublicWorks@KentWa.gov (email) ATTEST: k�;t- 14 Kent City Clerk P:\Admin\Contracts\Dani GOODS & SERVICES AGREEMENT - 7 ($20,000 or Less, including WSST) 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 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 of 5 direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure EEO COMPLIANCE DOCUMENTS - 3 of 5 compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: - — �� L For: Associated Underwater Services Inc. Title: President Date: 10/12/2023 EEO COMPLIANCE DOCUMENTS - 4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are 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 of 5 Exhibit A Tuesday, October 3, 2023 City of Kent Re: Float Maintenance. Associated Underwater Services (AUS) is pleased to provide you with the following proposal for Float Maintenance. AUS will provide a three-person (OSHA, WISHA and ADCI Approved) surface supplied, air, commercial diving crew with all necessary diving equipment to remove the plumbing and stones from the float take back to the AUS stone cleaning location, clean the stones, clean the stones with vinegar wash and return to the City without re-installation. Pricing: Task Description Total Mobe and Demobe Mobe and Demobe— Crew and equipment to and from the $ 1,500.00 jobsite— sequence of cleaning removal and cleaning) Removal of Stones Removal of Stones— Removal of stones from float and $ 5,930.00 transport back to the cleaning location Cleaning of Stones Cleaning of Stones—Cleaning of stones at cleaning location $ 3,280.00 and Return to City including vinegar wash and return to the City. Estimated Schedule: • Removal of stones— 1 day • Cleaning of stones— 3 days • Return stones to the city— 1 day O rw w . ,a. r— r�...0,. U ..q,yr•, .Wade—.. l .'i WI P_ 1: ^ '.9J { Ae..Jx Shur OK lryC cay Mop iW7111Mm 1W31![ lE l Anaror Shx off ey[iry s ftn *0'Ames LIt. Ty W/ NTu i0RV731 'j ,a•me.ai aTn.w a 1 r3eaner eesenee 3&M wee W22VI NI 3W27i23 x rcwrn W S a W l eas Men Rsen 3 RNwaMSMMSMIM Cory Cy city WMfl3 1013W, Includes: • All diving related diving submittals (Dive plan, AHA/JHA an EMP) • Shop mobilization and demobilization • Three-person, OSHA/ WISHA/ ADCI Approved, surface supplied air diving crew • All surface supplied air diving equipment (compressors, hoses, HP air, filters, volume tanks and topside communications) • Crew vehicle(s) • Diving Vessel 20-26 foot Aluminum • Underwater Video— Digital, color, recordable in DVD or USB format • Stone cleaning and vinegar wash of stones • Sufficient fuel for the job • All required diving safety equipment Excludes: • All Permanent Materials (unless specifically quoted) • Sanitary Facilities • Environmental Controls (TESC, booms, curtains, containment(s), fences and plans) Associated Underwater Services,Inc. • Spokane 509.533.6500 0 Kenmore 425.487.0329 0 www.ausdiving.com • Turbidity monitoring and controls • Marine mammal and endangered species monitoring • Bonding (bid, performance & payment) o If required, please add 1.25% to aggregate contract sum • Builders Risk, Railroad and Airplane Insurances • Professional Liability/ Errors and Omissions Insurances over iM per occurrence • Pollution Insurances over 3M per occurrence, 6M aggregate • Engineering • Surveying (PLS) and Layouts • Permitting • Utility Locates • Special Inspections and Testing • Subsurface Obstructions (rock, debris, cobbles, garbage, hard packed sand and clays, ect...) • Sales Taxes, Tariffs and Fees • Liquidated Damages • Jobsite illumination (for work prior to sunrise and at dusk/ night) • Crane(s), Rigging, Signaling, Load Handling, Manlift and Manbasket(s) • Disposal of Debris and Used Construction Materials • Site Access (City of Kent to provide safe access to and from the jobsite— unless specifically quoted) Notes: • Pricing is based on a single mobilization unless specifically quoted. • Pricing is based on Terms— Net 30 upon receipt, 1.5% (18%APR) on invoices over 30 days • Proposal is based upon a mutually agreeable contract • Consumables at Cost + 10% (underwater burning consumables, i.e., Broco rods and oxygen) • This proposal is to become part of the contract and be attached via exhibit or addendum, NO exceptions • Pricing is good for 90 days from the date of proposal and if acceptance is not given within this timeframe this proposal shall become null and void • Standard work days are Monday thru Friday and shall be restricted between the hours of 05:00 and 18:00, NO Weekends and or Holidays, unless specifically quoted • Water depth is assumed to be less than 30 feet of sea/fresh water, tides inclusive and altitude corrected • Unless otherwise noted one diver will be allowed wet in a 4 to 6-hour period, two divers wet in an 8 to 10 hour period and three divers wet in a 12 hour period. • Additional work not listed above will be performed on a time and materials basis, please ask for time and material rates, if not provided • Diving and decompression will be in accordance with the US Navy Dive Manual, Revision 7 • All diving will be performed in accordance to the following regulations, when applicable: Washington -WAC 296-37; OR-OSHA 1910, Subpart T; Federal OSHA 1910, Subpart T; Cal OSHA Subchapter 7, Group 26, Article 153; Association of Diving Contractors International —Consensus Standards, Revision 6.2; USACE Projects, EM-385-1-1; USBR RSHS Section 29; Associated Underwater Services—Safety and Health Manual, Revision 2018 • AUS Diving superintendent/ supervisors shall have the ultimate decision-making authority concerning safe working conditions • AUS shall have the ultimate decision-making authority when it comes to weather conditions, such as snow, icy conditions, high winds, surf conditions, extreme hot and or cold weather or poor visibility conditions caused by fog, heavy rain, snow, ect... Associated Underwater Services,Inc. • Spokane 509.533.6500 0 Kenmore 425.487.0329 0 www.ausdiving.com • AUS will not absorb weather downtown nor will AUS be responsible for any resulting costs associated with weather downtime • All diving operations will be performed pursuant to the local union regulations • Call outs after 17:00 PST will be billed at time and a half • Work performed over 8 hours will be require subsistence and lodging for and overnights stay if more than 90 miles from main office or if ferry transport is needed Thank you for the opportunity to be of service. Please feel free to contact me 24/7/365 at the below listed number should you have any questions and or comments. Regards, Michael 1. Eakin Sr. Estimator/ Business Development michael@ausdiving.com 206-948-3942 (M) CERTIFICATIONS: National WOSB (Woman Owned Small Business) — WOSB191544 National WBE (Woman Business Enterprise) —WBE1901934 California State Clearinghouse (WBE) — VON#19001120 Idaho State - Disadvantaged Business Enterprise (DBE) - 20312427 Oregon State - Disadvantaged Business Enterprise (DBE) - 12916 Washington State - Disadvantaged Business Enterprise (DBE) — D2F0024066 Washington State — Woman Business Enterprise (WBE) — W2F0024066 Associated Underwater Services,Inc. • Spokane 509.533.6500 0 Kenmore 425.487.0329 0 www.ausdiving.com Table 9-7. No-Decompressiorl Limits and Repetitive Group Designarors for No-Decompression Air Dives Depeh Na-Stop Repe[itwe Group Designation (fsw) lamit A g C ❑ E F G H I J K L M N 0 I 10 Unlimited 57 101 758 245 426 15 Unijinged 36 60 88 121 163 217 297 449 20 Unkm4ed 26 43 fit 82 106 133 165 205 256 330 461 25 1102 20 33 47 62 78 97 117 140 166 198 236 285 354 469 992 1102 30 371 17 27 38 50 62 76 91 107 125 145 167 193 223 260 307 371 35 232 14 23 32 42 52 63 74 87 100 115 131 148 168 100 215 232 40 163 12 20 27 36 44 53 63 73 84 95 108 121 135 151 163 45 125 11 17 24 31 39 46 55 63 72 82 92 102 114 125 50 92 9 15 21 28 34 41 48 56 63 71 80 89 92 55 74 8 14 19 25 31 37 43 50 56 63 71 74 60 63 7 12 17 22 28 33 39 45 51 57 63 70 48 6 10 14 19 23 28 32 37 42 47 48 80 39 5 9 12 16 20 24 28 32 36 39 90 33 4 7 it 14 17 21 24 28 31 33 100 25 4 6 9 12 15 18 21 25 110 20 3 6 8 11 14 16 19 20 i20 15 3 5 7 10 12 15 130 12 2 4 6 9 11 12 140 10 2 4 6 8 10 150 8 3 5 7 8 160 7 3 5 6 7 170 6 4 6 180 6 4 5 5 190 5 3 5 Kghest repet4me group that can be achmcvcd at this depth rogwdless of bottom eme. Associated Underwater Services,Inc. • Spokane 509.533.6500 0 Kenmore 425.487.0329 0 www.ausdiving.com MOBILIATION Labor Category Cost Labor $ 1,121.16 Equipment $ 228.84 Pilebuck ST 8 $ 933.24 Consumables $ 35.00 Shop OT 4 $ 187.92 Incidentals $ 115.00 Tota I $ 1,500.00 Total Labor 1 121.16 Equipment Field Truck $ 72.00 Field Truck $ 72.00 Misc Tooling $ 84.84 Total Equipment 228.84 Consumables $ 35.00 Total Consumables 35.00 Incidentals Fuel $ 115.00 Total Incidentals 115.00 DIVING Labor Category Cost Labor $ 4,912.94 Equipment $ 787.06 Dive Supervisor ST 8 $ 1,160.26 Consumables $ 40.25 Shop OT 2 $ 401.48 Incidentals $ 189.75 Diver ST 4 $ 799.25 Total $ 5,930.00 Tender ST 4 $ 500.14 Tender OT 2 $ 341.01 Diver ST 3 $ 799.25 Diver OT 1 $ 282.91 Stand By Diver 5 $ 543.80 Tender OT 1 $ 84.84 Total Labor $4,912.94 Equipment Field Truck $ 72.00 Diving Gear $ 144.00 Video System $ 42.00 Large Boat $ 180.00 Misc Tooling $ 349.06 Total Equipment 787.06 Consumables Tape, USB Drive, Ect $ 40.25 Total Consumables $ 40.25 Incidentals Fuel $ 189.75 Total Incidentals 189.75 CLEANING Labor Category Cost Labor $ 2,612.89 Equipment $ 144.00 Pilebuck ST 8 $ 933.24 Consumables $ 419.61 Shop OT 2 $ 139.90 Incidentals $ 103.50 Pilebuck ST 4 $ 933.24 Total $3,280.00 Shop OT 4 $ 139.90 Pilebuck ST 4 $ 466.61 Total Labor $2,612.89 Equipment $ 84.84 Field Truck $ 72.00 Field Truck $ 72.00 Misc Tooling Total Equipment 144.00 Consumables Vinegar and Liquids $ 287.50 Cleaning Materials $ 132.11 Total Consumables 419.61 Incidentals Fuel $ 103.50 Total Incidentals 103.50 Exhibit B Insurance Requirements Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 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 Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 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 Consultant 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 automobiles/vehicles 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. Contractor's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. Workers' Compensation coverage for the employees of Consultant and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate. 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. Contractor's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of any Contractor doing work on behalf of the City, in the City's right-of-way. Contractor's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per occurrence, with an aggregate of at least $2,000,000. Coverage may be written on a claims-made basis. If the Consultant 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 Consultant. 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: 1. The Consultant'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 Consultant's insurance policies and shall not contribute to the Consultant's insurance policies. 2. Consultant's insurer must deliver or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Consultant's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Consultant's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Consultant must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 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 Consultant 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 Consultant'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 Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. The City waives no rights, and the Consultant is not excused from performance if Consultant fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Consultant 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 Consultant. r , ® DATE(MM/DD/YYYY) AC R" CERTIFICATE OF LIABILITY INSURANCE 10/12/2023 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 TIV VOn ry McGriff Insurance Services,LLC SOU NAME: 9 PHONE 503-943-6621 FAX 503-943-6622 1800 SW First Avenue,Suite 400 A/c No Ext: A/c,No): Portland,OR 97201 E-MAIL v.von sou me ADDRESS:ti 9 ry@ riff.com 9 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Underwriters At Lloyd's 32727 INSURED INSURER B:The Travelers Indemnity Company of Connecticut 25682 Associated Underwater Services,Inc 3901 E Ferry Ave INSURER C:Great American Alliance Insurance Company 26832 Spokane,WA 99202 INSURER D:American Equity Insurance Company 43117 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:EQRLJP68 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY MA2208385 12/31/2022 12/31/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � D OCCUR AMAGREMIS ETOESREEa occuNTEDrrence $ 50,000 P X Marine General Liability MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY ECT LOC PRODUCTS-COMP/OPAGG $ 1,000,000 OTHER: WA STOP GAP $ 1,000,000 B AUTOMOBILE LIABILITY BA-OT883978-22-SEL 12/31/2022 12/31/2023 COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLA LIAB X OCCUR TMU-413239 12/31/2022 12/31/2023 EACH OCCURRENCE $ 9,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 9,000,000 DED RETENTION$ $ C WORKERS COMPENSATION WC409245208 12/31/2022 12/31/2023 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED) ❑ N/A (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 $ D USL&H ALMA01139-07 12/31/2022 12/31/2023 See WC EL Limts $ $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability policy contains"blanket"Additional Insured,Waiver of Subrogation and Primary and Non-Contributory wording endorsement(s),which subject always to policy terms,conditions and exclusions provide such status to person(s)or organizations(s)when required by a written contract with the Named Insured.The Auto Liability policy contains"blanket"Additional Insured and Waiver of Subrogation wording endorsement(s),which subject always to policy terms,conditions and exclusions provide such status to person(s)or organizations(s)when required by a written contract with the Named Insured The USL&H policy contains a"blanket"Waiver of Subrogation endorsement(s),which subject always to policy terms,conditions and exclusions provide such status to person(s)or organizations(s)when required by a written contract with the Named Insured.Notice of cancellation applies according to policy provisions 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 Chad Bieren,P.E. AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent,WA 98032 _14K4 Page 1 of 2 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: AC40R 0 ADDITIONAL REMARKS SCHEDULE Page 2 of 2 PRODUCER INSURED McGriff Insurance Services,LLC Associated Underwater Services,Inc POLICY NUMBER CARRIER NAIC CODE ISSUE DATE: 1 0/1 212 0 2 3 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Contractors Pollution Liability: Limits of liability Each Occ/Agg: $2,000,000.00 Policy # EGL0010280 Effective date 12/31/2022-12/31/2023 Insurer: Mt. Hawley Insurance Company ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER: EQRLJP68