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HomeMy WebLinkAboutCAG2024-125 - Original - Site Workshop, LLC - Uplands Playfield and Spray Park: Concept Plan & Improvements - 03/12/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: TT Agreement Routing Form DirAsst: R : 41 For Approvals,Signatures and Records Management Dir/De P eL KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: KateLynn Jennings for Terry Jungman Parks, Recreation & Community Services Date Sent: Date Required: > 2/26/2024 3/11/2024 0 CL Authorized to Sign: Date of Council Approval: Q 91Mayor or Designee 2/20/2024 Budqet Account Number: Grant? Yes No91 P21027.64190.530 Budget?W]Yes ONO Type: N/A Vendor Name: Category: Site Workshop LLC Contract Vendor Number: Sub-Category: C 71834 Original Uplands Pla field and Spray Park - Concept Plan & Improvements Project Name: P Y P Y P P oProject Details: Concept Plan and improvements for the first phase of park development for = the Uplands Playfield and Spray Park project. C wAgreement Amount: $225 600 Basis for Selection of Contractor: Other W *Memo to Mayormustbe attached Start Date: March 2024 Termination Date: 3/31/2025 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: W]Yes In-ProcessEl Exempt(KCC 5.01.045) SZ]Authorized Signer Verified Notice required prior to disclosure? Contract Number: ElYesoNo CAG2024- 125 Comments: C C N 3 W DC Date Received:City Attorney: 3/6/24 Date Routed:Mayor's Office3/11/24 City Clerk's Office3/12/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 8.F • 40 KENT WAS 1­1I N GTO N DATE: February 20, 2024 TO: Kent City Council SUBJECT: Agreement with Site Workshops for Uplands Playfield and Spray Park Planning and Design - Authorize MOTION: I move to authorize the Mayor to sign the Consultant Services Agreement with Site Workshops, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: In November of 2023, Site Workshops was selected through a competitive Request for Qualifications process for planning and design work related to redevelopment of Uplands Playfield. This project will redevelop the existing park and construct the City's first purpose-built splash park. Other improvements may include an accessible children's play area, restroom building, Interurban trailhead, open lawn, and space for community gathering. Uplands proximity to transit and nearby King County Metro parking facility makes this a prime location for this destination facility. With approval of this contract, the project will proceed into planning and community engagement in the summer of 2024 with pop-up events, open house meetings, and robust online engagement through EngageKentParks.com. BUDGET IMPACT: Expense impact to the Uplands Playfield and Splash Park project under the Capital Budget SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolvina Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thrivina City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 93 8.F Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Uplands Spray Park - SiteWorkshops Consultant Contract (PDF) 02/06/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 2/20/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner Packet Pg. 94 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Site Workshop, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Site Workshop, LLC organized under the laws of the State of Washington, located and doing business at 3800 Woodland Park Ave. North, Suite 200, Seattle, WA 98103 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in the attached exhibit A, incorporated herein, consultant shall provide the Concept Plan and improvements for the first phase of park development for the Uplands Playfield and Spray Park project. 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 March 31, 2025. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $225,600, 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:Clayton Beaudoin(Marl,2024 08:49 PST) By: Print Name: Clayton Beaudoin Print Name: Dana Ralph Its Principal Its Mayor DATE: 3/1/2024 DATE: 03/12/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Clayton Beaudoin Terry Jungman Site Workshop, LLC City of Kent 3800 Woodland Park Ave. N. Suite 200 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 285-3026 (telephone) (253) 856-5112 (telephone) claytonb@siteworkshop.net (email) TJungman@kentwa.gov (email) APPROVED AS TO FORM: Kent Law Department ATTEST: 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. 4 By:Clayton Beaudoin(Mar 1,2024 08:49 PST) For: Site Workshop LLC Title: Principal Date: March 1, 2024 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 Uplands Playfield and Spray Park Landscape Architectural Services Proposal January 16,2024 Project Description The primary purpose of this scope of work is to provide the Kent Parks, Recreation and Community Services(Client) with full design services for the Uplands Playfield and Spray Park project.Site Workshop will contract directly with the Client for these services. This contract will create the Concept Plan and improvements for the first phase of park development.While specific program elements are to be determined by an inclusive public outreach design process, as a special-use park,the project is likely to include on-site accessible parking,a restroom and mechanical building,trails, picnic areas and a signature inclusive,water-based playground including dry play areas.The general intent for the development is to provide a city-wide water play facility that also connects other users between the site and downtown Kent.The following scope also includes services required to better understand the existing conditions including geotechnical investigations. Project Area The project site is located in downtown Kent,WA and is bound to the north by West Smith Street,the south by West Meeker Street and east and west by North 6th and 7th Ave respectively.The east edge abuts active rail tracks and the west edge is bound by PSE property and facilities,the Interurban Trail,and a stormwater ditch.The property is currently an underutilized ballfield with turf grass and backstops. Project Team The project team will include the following sub-consultants: GDM (mechanical and electrical),Station 10(civil), Five Dot(architecture,structural sub-consultant), GeoEngineers(geotechnical).Other services as needed may include translation,community liaison,cultural resources,etc.Survey is assumed to be provided by Client. Project Schedule Concept Plan Development(Approx.6 months) 25 weeks Project Initiation 5 weeks Background Research, Data Gap Analysis, Etc. Geotechnical Investigation Stakeholder Workshop(s) Program Definition 8 weeks Additional Stakeholder Workshops Public Engagement Concept Plan Design & Documentation 12 weeks Design Team Workshop Concept Development/Options Public Engagement Design Refinement& Documentation Public Meeting Design, Bid, Build (to be contracted at a later date) 30%Design/Schematic Design &60% Design/Design Development 6 months 60/90/100%Construction Documents 8 months COK and DOH Permitting(at 60%CD) 4 months Bidding and Contracting 2 months Construction 6-9 months SiteWorkshop 3800 Woodland Park Ave#200,Seattle WA 98103 206,285.3026 1 Uplands Playfield and Spray Park Landscape Architectural Services Proposal January 16,2024 Project Budget and MACC The total project budget for the construction of the approved Concept Plan will carry a Maximum Allowable Construction Cost(MACC)of approximately$3,500,000 and may vary with the scope for the final design and continued grant applications and budget evaluation. Assumptions and Qualifications • The project will be delivered in one continuous effort through the completion of construction. Pauses or project holds of greater than 6-months may result in additional services. • Final design,documentation, permitting and construction will proceed directly upon the completion of the Concept Plan and will be delivered via a traditional design-bid-build process. • Topographic survey will be provided by Client.Additional records and other knowledge of existing conditions— especially of utilities—to also be provided by Client.Surveyor to provide 3D surface and point file. • The project is likely to be partially funded by public dollars, include State RCO and Federal money. Future contracting for design will address any constraints associated with funding sources. • Public engagement will be managed by Client with support by Site Workshop as described below. o Imagined as a city-wide attraction,every effort will be made to engage a broad representation of the community.This will require a multi-layered approach to engagement and may include activities such as: ■ City-wide survey ■ Virtual open-houses ■ Site events ■ Roadshow conversations ■ Ambassador/working group(paid for their work, optional service) ■ In-person design workshops ■ Photo-challenge o Early engagement will be centered on creating a shared understanding of the community and stakeholder perspectives on the downtown neighborhood,other local parks as model or compliments, and the Uplands Playfield site/context. o (9) In-Person engagement activities including site tours, public meetings/workshops, etc. o Assist with graphic design and production of outreach materials. Printing and hard materials will be reimbursed as an expense. o Up to(5)online stakeholder workshops with groups like schools,churches, maintenance staff, stewards/neighbors,etc. o Optional Service: Management and facilitation of a group of neighborhood "Ambassadors"who will be given training and assignments like neighbor interviews, photo-documentation, park research,etc.This will be a time limited (up to 6 weeks)engagement and each participant will be compensated upon completion each assignment. Billed on a time and expense basis. o Support for creation and maintenance of online input tools such as those provided by the Client's "Engagement HQ"service. o Translation services will be provided on an as-needed basis through a separate task billed on a time and expense basis. o Some engagement activities may involve payments in the form of gift cards and in some cases cash/checks.These payments will be made through reimbursable expenses. • Geotechnical investigation,design and reporting for building foundations and infiltration testing are included. • The site does not include any toxic or otherwise contaminated materials including soil. • Improvements to the ROW will be required.This scope includes coordination and planning efforts for Concept Planning purposes only. Once the extent of improvements is defined the contract will be amended to include the appropriate design and documentation effort. • It is assumed that there are no wetlands or other regulated natural resources on the site. Local permits only. • Wet and dry utilities are immediately available to the project site. SiteWorkshop 3800 Woodland Park Ave#200,Seattle WA 98103 206,285.3026 2 Uplands Playfield and Spray Park Landscape Architectural Services Proposal January 16,2024 • Site structures including restroom, mechanical room and picnic shelters will be evaluated during the Concept Planning phase for site specific implementation.The Client prefers pre-fabricated structures as such, architectural services beyond the Concept Plan will be considered via additional services if necessary. • The spray park will be recirculating and require Department of Health permitting. • Concept Plan final report will include a simple executive summary and collection of previously created materials. Minimal new content will be required for the final report. • All deliverables will be electronic. Printing of deliverables will be provided as requested and expensed separately from this fee. • Drawings will be produced in both AutoCAD and Revit format. Record drawings provided in AutoCAD and PDF. Exclusions • Presentations at public hearings(City Council)or formal review committees(PRAC) not listed here or as an additional service. • A full tree evaluation and arborist report is excluded. Informal tree evaluations will be made by the Owner and design team. • Physical presentation models and third party illustrations are excluded except as additional service. (study models and a few related vignettes will likely be produced as part of this scope.) • Cultural Resources and Archeology consultation are excluded. • Off-site improvements including utility and transportation upgrades not on the site are for planning purposes only,as described above. • Architectural and structural design services beyond the Concept Plan are excluded in deference to pre- fabricated structures and the improved definition for potential re-use of the existing roof structure. • Research,design,and application in support of SITES(or other green)certification is excluded. • Transition of overhead distribution or transmission utilities to underground,along property line. • Design,documentation or permitting related to Federalized funding and associated parameters are excluded. • All work associated with hazardous waste or contaminated soil is excluded. • Plan processing or cost of permits and fees. Scope of Work—Basic Services Concept Plan The initial scope is the development of the Concept Plan which will define the program,site plan and estimated construction costs for the project.Six distinct tasks are described below to create flexibility; however the actual work is effectively three parts: information gathering, program definition,and design. Each part includes various engagement activities intended to facilitate broad project support from the community, neighbors and city staff. Tasks of Work/Deliverables: • 1—Geotechnical Consultation o Initial desktop site assessment to identify any red flags or obvious opportunities based on existing geotechnical information and geologic maps o Site reconnaissance including small scale,shallow hand explorations and lab testing to create preliminary report. o Provide targeted investigation engineering support to determine soil suitability for stormwater infiltration and structural bearing capacity once facility locations have been determined.Targeted explorations would likely consist of borings for structures and pilot infiltration test(PITS)for infiltration facilities.These can be completed at a later date once facility locations have been determined. Update final report. o Deliverables: Preliminary Report, Final Report • 2- Project Initiation o Contracting and Project Set-up SiteWorkshop 3800 Woodland Park Ave#200,Seattle WA 98103 206,285.3026 3 Uplands Playfield and Spray Park Landscape Architectural Services Proposal January 16,2024 o Review of existing conditions(including an updated survey and a single site visit),documents, data gap analysis, reports. o Site analysis and associated documentation, including initial utility evaluation. . o Kickoff workshop with staff. o Public engagement planning for the full project. o Public Engagement—Kick-off:Share information and gather general feedback from the public via online survey and pop-up events at the park.COK led with graphic support from design team.Assume (1) pop-up event at the park. o Client meetings o Design team meetings, primarily virtual. o Project management o Deliverables: Full engagement plan, data gap analysis/summary memo,site analysis workshop graphics,and combined base files.All deliverables will be in electronic format only. • 3—Program Development o Public Engagement Phase 2a—Idea Workshops: "Road Show"workshops designed to generate ideas and inspiration for what features the site might include. Could include classroom exercises,stand- alone activities and guided small group workshops. Prefer in-person, includes pop-up events at the park.Assume (4)workshops/events. o Stakeholder Workshop(s):targeted interactions with specialty stakeholders as necessary(school, community organizations, maintenance staff,etc) o Client meetings o Design team meetings o Project management o Deliverables:Workshop graphic materials, meeting notes and summary,etc. • 4—Concept Planning/Design: o Site Planning: develop multiple options to test preferences and priorities, including precedent imagery and graphics to support ideas. Includes building program,access and parking layout,etc. o Public Engagement Phase 2b—Preference&Priorities: Revisit previous workshop participants and new contributors to evaluate design alternatives.Assume(2)workshops. o Synthesize options to a single plan o Public Engagement Phase 3—Final Comments:Share Draft Concept Plan for final comment and confirmation of direction.This stage generally results in small adjustments and ideas for future consideration during design &construction.Assume(2) meetings,consider"party in the park." o Final Concept Plan ■ Site plan(s),sections,elevations,sketches to convey general program elements, layout,etc. ■ Final building program,siting,etc. ■ Civil Site Design strategy/diagrams ■ Power and Telecommunications utility distribution/Lighting strategy/diagrams ■ Spray park and playground concept and scale o Client meetings o Design team meetings o Project management o Estimate of probable costs for full Concept Plan. o Deliverables: Design drawings and narrative, presentation materials as outlined above, estimate of probable costs,geotechnical design memo,and phasing plan, including final illustrative concept plan. Concise final report document for Council approval.All deliverables will be provided in electronic format only. SiteWorkshop 3800 Woodland Park Ave#200,Seattle WA 98103 206,285.3026 4 Uplands Playfield and Spray Park Landscape Architectural Services Proposal January 16,2024 30% Design—100% Design-To be contracted at a later date. Additional Services 5- Engagement and Community Support: In addition to the engagement activity described above,Workshop may offer compensation to the community on a time and expense basis via gift cards and potentially cash/check payments for certain activities. Community participation can be time consuming and thus difficult to prioritize. By offering compensation via direct payments we aim to increase meaningful participation and acknowledge the hard work that some people may provide to the project. Details will be negotiated with the City of Kent. Compensated activities may include: - Online survey and virtual open houses:As a simple and relatively easy form of participation,compensation would be limited to entry into a raffle with the prize being a gift card. - Workshop participation:Showing up and engaging in rich conversations with the design team,city and each other is a valuable component to the success of any project.We aim to incentivize this participation by offering gift cards to those who engage in certain activities like design workshops. - Ambassador or working group membership:There may be opportunity to engage a select group of community members as a more formal part of the design process. In addition to direct work with the design team,this group could be engaged in outreach, interviews and other community research activities in support of the project.Other models for this type of participation have used a 6-week program and paid participants via check in 3 installments based on completion of the various tasks. (which might include interviewing neighbors, photographing favorite park features around the region,outreach, meeting participation,etc.) - Additionally,translation services may be required to aid in facilitation community engagement.Site Workshop may sub-contract with a consultant who will provide translation services associated with the work.These may include written translation of printed materials,digital or web-based content or in-person translation of meetings and workshops. Exact activities and languages will be determined on an as-needed basis and will be billed in a time and expense. Architectural Design beyond Concept Planning:The concept planning process will evaluate building typologies appropriate for the project.Options will include premanufactured buildings with varying degrees of customization, and also full site-specific structures designed and built on site. Upon completion of the concept plan the Site Workshop team will re-evaluate the needs for architectural design through the remaining design phases. SiteWorkshop 3800 Woodland Park Ave#200,Seattle WA 98103 206,285.3026 5 Uplands Playfield and Spray Park Landscape Architectural Services Proposal January 16,2024 Fee Summary Site Workshop will contract directly with Client for the following proposed services: Phase Basis Fee Basic Services Task 1:Geotechnical Investigation T&E, NTE $43,200 Task 2: Project Initiation Lump sum $30,200 Task 3: Program Development Lump sum $37,400 Task 4: Concept Planning/Design Lump sum $93,000 Total Basic Services $203,800 Additional Services Basis Fee Task 5: Engagement and Community Support T&E, NTE $11,000 Architectural Design beyond Concept Planning Estimate TBD Total Additional Services $11,000 Subtotal $214,800 Reimbursable Expenses Not-to-Exceed $10,800 Total Services $225,600 HOURLY RATE SCHEDULE Personnel Hourly Rate Principal $180 Project Manager/Landscape Architect $140 Designer/Support $110 Horticultural Support $150 Technical/Admin $100 SiteWorkshop 3800 Woodland Park Ave#200,Seattle WA 98103 206.285.3026 6 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. Professional Liability or Errors & Omissions insurance appropriate to the Consultant's profession. 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 $2,000,000 per occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 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 $2,000,000 per occurrence, $2,000,000 general aggregate. 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. DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 02/14/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Gurry&Rogers Insurance Agency,Inc. a//�NroEXt: (206)621-6444 (A,XNo: (206)515-0560 2901 NE Blakeley St.#3A E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Seattle WA 98105 INSURERA: Travelers Property Casualty INSURED INSURER B: Underwriters At Lloyds London Site Workshop LLC INSURER C: 3800 Woodland Park Ave.N.#200 INSURER D: INSURER E: Seattle WA 98103 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1112802565 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 $ 1,000,000 CLAIMS-MADE FX OCCUR PREMSES EaoNcErDence $ 1,000,000 MED EXP(Any one person) $ 5,000 A Y Y 6801W594696 12/05/2023 12/05/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO 2,000,000 JECT ❑ LOC PRODUCTS-COMPOP AGPOLICY $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y BA1 W59639A 12/05/2023 12/05/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED H NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB X OCCUR EACH OCCURRENCE $ $4,000,000 A EXCESS LIAB CLAIMS-MADE Y Y CUP1 W665571 12/05/2023 12/05/2024 AGGREGATE $ $4,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE X ER 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ p` OFFICER/MEMBER EXCLUDED? ❑ N/A Y 6801 W594696 WA STOP GAP 12/05/2023 12/05/2024 (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 Each Occurrence $2,000,000 B Y Y B0621PSITE003822 02/12/2024 02/12/2025 Aggregate $2,000,000 Deductible $10,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent is named as additional insured on all policies(except Professional Liability)with respect to work performed by or on behalf of the Consultant. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 7�1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage" or"personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the additional insured for a loss we cover. However, if contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and non-contributory basis, this insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs; and "professional services". (2) The "personal injury" for which coverage is g. In the event that the Limits of Insurance of the sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a written contract requiring insurance with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 ©2015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission Signature: Signature: LAZj %, Tet ry Jun a (Feb 26,202415:09 PST) Ronald Lashley Jr(Feb 28,202 15:14 PST) Email: tjungman@kentwa.gov Email: parkscontracts@kentwa.gov Signature: BYlAYI LB✓Br1h4jGI8Vl Brian Levenhagen(Mar 6,2024 0 . 3 PST) Email: bjlevenhagen@kentwa.gov SiteWorkshops-U plandsSprayPark-022126 Final Audit Report 2024-03-06 Created: 2024-02-26 By: KateLynn Jennings(kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAA2ixNQf9g1YvBaWInWdR-3gkOzoQln5BI "SiteWorkshops-UplandsSprayPark-022126" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2024-02-26-9:34:25 PM GMT-IP address: 146.129.252.126 Document emailed to Terry Jungman (tjungman@kentwa.gov)for signature 2024-02-26-9:35:55 PM GMT s Email viewed by Terry Jungman (tjungman@kentwa.gov) 2024-02-26-11:06:46 PM GMT-IP address: 104.47.64.254 Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date:2024-02-26-11:09:18 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to parkscontracts@kentwa.gov for signature 2024-02-26-11:09:19 PM GMT `1 Email viewed by parkscontracts@kentwa.gov 2024-02-28-11:14:04 PM GMT-IP address: 104.47.65.254 Signer parkscontracts@kentwa.gov entered name at signing as Ronald Lashley Jr 2024-02-28-11:14:42 PM GMT-IP address: 146.129.252.126 o Document e-signed by Ronald Lashley Jr(parkscontracts@kentwa.gov) Signature Date:2024-02-28-11:14:44 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to Clayton Beaudoin (claytonb@siteworkshop.net)for signature 2024-02-28-11:14:47 PM GMT Email viewed by Clayton Beaudoin (claytonb@siteworkshop.net) 2024-02-29-11:36:13 PM GMT-IP address: 174.215.117.113 d Document e-signed by Clayton Beaudoin (claytonb@siteworkshop.net) Signature Date:2024-03-01 -4:49:24 PM GMT-Time Source:server-IP address:97.113.198.43 Powered by r � Adobe T Acrobat Sign '. Document emailed to bjlevenhagen@kentwa.gov for signature 2024-03-01 -4:49:26 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2024-03-06-5:12:53 PM GMT-IP address: 104.47.64.254 Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2024-03-06-5:13:13 PM GMT-IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2024-03-06-5:13:15 PM GMT-Time Source:server-IP address: 146.129.252.126 Q Agreement completed. 2024-03-06-5:13:15 PM GMT Powered by r � Adobe T Acrobat Sign