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HomeMy WebLinkAboutCAG2024-162 - Original - King County - Springwood Park Renovation - 03/28/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: _-L • For Approvals,Signatures and Records Management Dir/Dep: BL 8L KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: KateLynn Jennings for Kerry O'Connor Parks, Recreation&Community Services _ Date Sent: Date Required: f° 2/27/2024 3/12/2024 0 O. Authorized to Sign: Date of Council Approval: QMayor or Designee 2/20/2024 Budqet Account Number: Grant? Yesw] NoEl P21032 Budget?W]Yes E]No Type: Local Vendor Name: Category: King County Contract Vendor Number: Sub-Category: = 886584 Original 0 Project Name: Springwood Park Renovation I- Project Details: The grant will support the renovation of Springwood Park to include ADA walking paths, 0 expanded children's play amenities, a multi-sports court, and other amenities. C 4.0 � Agreement Amount: $$QQ,QQQ Basis for Selection of Contractor: W *Memo to Mayor must be attached i Start Date: Upon Signature Termination Date: 11/30/2025 Q Local Business? Yes W]No* lfrneets requirements per KCC 3./0.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification: ❑Yes 11In-Process F1 Exempt(KCC 5.01.045) ElAuthorized Signer Verified Notice required prior to disclosure? Contract Number: ❑Yes wI No CAG2024-162 Comments: N King County will route agreement to Mayor via Docusign a� 0 c c 3 � a, a, /&2824 Date Received:City Attorney: 2/28/24 Date Routed:Mayor's Offi City Clerk's Office3/28/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 8.K • KENT WASHINGTON DATE: February 20, 2024 TO: Kent City Council SUBJECT: King County Parks Levy — Springwood Park - Authorize MOTION: I move to accept grant funds from King County for the Springwood Park Development, amend the budget, authorize expenditure of the grant funds, and authorize the Mayor to sign the grant agreement, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Park Planning staff applied for grant funds for park improvements that are part of the Springwood Park project. These funds are administered through the King County Parks Capital and Open Space Levee, which supports projects that expand and improve recreation opportunities for the region's growing population, including the development of active and passive recreation and trail facilities, and the acquisition of open space for future public parks. Kent Parks was awarded $800,000 toward park renovations. Key park elements include full playground replacement, new shelter structure, multi-use sport court, general landscaping, park pathways, and upgraded site furnishings and amenities. The enhanced playground will include structures for both 2 to 5-year-olds, and 5 to12-year-olds, as well as a nature play area, embankment slide, swings, a zipline, and cooling station. The Springwood Park project is anticipated for construction in summer 2024. BUDGET IMPACT: Any expenses will be offset by the grant funds received. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 203 8.K Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Parks Capital and Open Space Levee Grant - Springwood (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: Satwinder Kaur, Council President AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner Packet Pg. 204 DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 King County PARKS CAPITAL AND OPEN SPACE PROGRAM CAPITAL PROJECT GRANT AGREEMENT Department/Division: Natural Resources and Parks / Parks and Recreation Grant Recipient: City of Kent Project: Springwood Park Renovation Award Amount: $800,000 Project#: 1144509 Contract#: 6416654 Term Period: 3/28/2024 1 4:05 PM PDto 11/30/2025 THIS AGREEMENT is a grant agreement entered into between City of Kent (the "Grant Recipient") and King County (the "County") (referred to individually as a "Party" and collectively the "Parties") for an active recreation, passive recreation, local trail, or other capital project in a park or recreational facility using a Parks Capital and Open Space Program grant. RECITALS A. Ordinance 18890, which took effect May 13, 2019, called for a special election to authorize the King County parks, recreation trails, and open space levy. On August 6, 2019, King County voters approved the levy, which included funding for capital projects for active and passive recreation, local trails, or capital projects in parks and recreation facilities in order to construct new and improve existing recreation facilities to address the pressures of rapid growth in King County. B. Motion 15378, Section A.1., and Attachment A, further delineated the use of levy funds for the Parks Capital and Open Space Grants Program and the guidelines governing that use. C. Ordinance 19166, Attachment A established the grant award criteria and the process for the distribution of Parks Capital and Open Space Grants as well as the proposed composition of an advisory committee to review and make recommendations on the grant awards. D. King County, a home rule charter county and political subdivision of the State of Washington, is authorized to administer the Parks Capital and Open Space Grant Program and enter into agreements for the use of the grant funds with King County towns, cities, or metropolitan parks districts for capital projects for active DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 and passive recreation, local trails, or capital projects in parks and recreation facilities. E. Grant Recipient is a(n) City or Town in King County. F. The Parks Capital and Open Space Grant Program Advisory Committee ("Advisory Committee") has recommended an allocation of levy grant funds to specific projects, pursuant to Ordinance 19666. G. King County has selected Grant Recipient to receive a Parks Capital and Open Space Grant award in the amount of $800,000 ("Grant Award Funds") in order to construct, improve, or repair the Project described below and in the attached exhibits. NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth in this Agreement, the Parties agree as follows: GRANT AWARD TERMS AND CONDITIONS 1. DEFINITIONS 1.1 Project. The term "Project" means the design, development, and construction of the Facility described in Exhibit A. Grant Award Funds available pursuant to this Agreement may only be used for the Project. To complete the Project, Grant Recipient shall use the Grant Award Funds to design, develop, and construct the Facility, as set forth in Exhibit B, consistent with the requirements set forth in this Agreement and in the following attached exhibits, which are incorporated herein by reference: Map of Facility and/or Schematic Attached hereto as Exhibit A Scope of Work Attached hereto as Exhibit B Project Budget Attached hereto as Exhibit C Insurance Requirements Attached hereto as Exhibit D Certificate of Insurance and Endorsements Attached hereto as Exhibit E Notice of Grant (draf) Attached hereto as Exhibit F DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 Cultural Resource Preservation Attached hereto as Exhibit Requirements G 1.2 Map of Facility and/or Schematic. This Agreement applies to the Project to improve the park and recreational facility ("Facility") which is located at: 12700 SE 274th Street, Kent, WA, 98030 Parcel Number(s): 3322059147 See Exhibit A for a visual depiction of the Facility via a map and/or schematic (including boundaries) for the physical address noted above. 1.3 Scope of Work. Grant Recipient shall provide a scope of work ("Scope of Work"), attached hereto as Exhibit B, which describes the Project in detail and includes a description of the various design, development, permitting, and construction milestones required for completion of the Project and intended use of the Grant Award Funds. Grant Recipient shall apply the funds received from the County for the Project under this Agreement in accordance with the Scope of Work, attached hereto as Exhibit B. 1.4 Proiect Budget. Grant Recipient shall work with King County to develop a Project Budget ("Project Budget"), attached hereto as Exhibit C. King County shall provide the Grant Award Funds to the Grant Recipient to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. Grant Award Funds provided to Grant Recipient may only be used to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. 1.5 Contractor. "Contractor" shall include any contractor or consultant hired by Grant Recipient, including any of the contractor's or consultant's subcontractors or subconsultants. 2. EFFECTIVE DATE The Agreement shall be effective upon signature by both Parties ("Effective Date"). 3. TERM The term ("Term") of this Agreement shall begin on the Effective Date and end on 11/30/2025. This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. 4. AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. This Agreement may be amended only by an instrument, in writing, duly executed by the Parties. Either party may request changes to this Agreement, however, changes that deviate substantially from the proposal submitted to and approved by the Advisory Committee and the King County Council will need to be approved by those entities. 5. NOTICES DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses first set forth below via electronic mail. KING COUNTY City of Kent Parks Grant Manager Kerry O'Connor Community Investments Unit City of Kent King County Parks City of Kent 201 S Jackson Street Suite #5702 220 Fourth Ave. S. Seattle, WA 98104 Kent, WA 98032 (206) 848-0984 253-856-5115 ehirschi@kingcounty.gov KOConnor@kentwa.gov *NOTE: Personal contact information for your assigned grant manager is available in the grant management system Either Party hereto may, at any time, by giving ten (10) days written notice to the other Party, to designate any other address in substitution of the foregoing address to which such notice or communication shall be given. 6. DISBURSEMENT OF GRANT FUNDS 6.1 Notwithstanding the Effective Date of this Agreement, the County shall pay for eligible and authorized costs supported by adequate documentation, as determined by the County, for the work specified in the Scope of Work (Exhibit B) expended from 09/13/2023 through 11/30/2025. 6.2 The County may authorize, at County's sole discretion, release of a portion of the Grant Award Funds to Grant Recipient, upon execution of this Agreement, and receipt of Grant Recipient's County-approved completed Scope of Work and Project Budget (see Section 1 and Exhibits B and C). 6.3 The County shall initiate authorization for payment and disbursement of Grant Award Funds after approval of sufficiently detailed Project-related invoices submitted by Grant Recipient. The County shall make payment to Grant Recipient not more than thirty (30) days after a complete and accurate invoice and any other required documentation is received and approved. 6.4 Grant Recipient shall submit the final invoice, supporting documentation and any outstanding deliverables, as specified in the Scope of Work (Exhibit B) and Project Budget (Exhibit C), no later than thirty (30) days after the Contract End Date. If the Grant Recipient's final invoice, supporting documentation, and reports are not submitted by the day specified in this subsection, or if such final documents are not approved by the County then the County shall have no obligation to pay Grant DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 Recipient unless and until Grant Recipient submits, and the County approves, a properly completed invoice. Grant Recipient must submit a corrected invoice within 30 days after receiving notice of an improper or incomplete invoice. 7. GRANT REPORTING All Grant Award Funds received pursuant to this Agreement and accrued interest therefrom must accounted for separately from all other Grant Recipient accounts and moneys. Until the Project is completed, and all proceeds provided pursuant to this Agreement have been expended, the Grant Recipient shall provide reports to the King County Project Manager on a schedule determined by the County. 8. COMPLETION OF THE PROJECT Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A, B and C of this Agreement. If Grant Recipient cannot complete the Project, as specified by the Scope of Work and deliverables set forth in Exhibit B, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such funds for other projects in other jurisdictions in accordance with Ordinance 19166 and Motion 15378. Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds for the Project as provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for a purpose other than completion of the Project as approved by the Advisory Committee and King County Council. 9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION Grant Recipient shall recognize County as a "grant sponsor" for the Project in the following manner: 9.1 Events: Grant Recipient shall invite and recognize "King County Parks" at all events promoting the Project, and at the final Project dedication. 9.2 Community Relations: Grant Recipient shall recognize "King County Parks" as a "grant sponsor" in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 9.3 King County Parks Notification: Grant Recipient shall notify the King County Parks Grant Manager thirty (30) days prior to any major milestone, such as a groundbreaking or opening dates. 9.4 King County Council Notification: If Grant Recipient is a city or town, notification to the King County Council thirty (30) days prior to any major milestone, such as a groundbreaking or opening dates is, required. 9.5 Signage: Grant Recipient shall recognize "King County Parks" on any signage as a funder/contributor of project/facility. Grant Recipient is required to use appropriate King County logo on any signage and DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 communications. 10. DISPOSITION OF REMAINING GRANT AWARD FUNDS If Grant Recipient does not expend all proceeds obligated to be provided through this Agreement, such proceeds, if held by Grant Recipient, shall be refunded to the County. For purposes of this section, "proceeds" shall include all Grant Award Funds obligated to be provided by the County plus interest accrued by Grant Recipient on the grant funds. Any proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion. 11. PUBLIC ACCESS The Grant Award is provided to Grant Recipient for the Project for the purpose of land protection and recreation for the citizens of King County. Therefore, Grant Recipient and any successor in interest agree to maintain the Facility for public use as required by Ordinances 18890 and 19166, and the Parks Capital and Open Space Grant program requirements specified in Motion 15378. The Facility shall be open and accessible to the public at reasonable hours and times. Grant Recipient shall notify the public of the availability of use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Fees for use of the Facility shall be no greater than those generally charged by public operators of similar facilities in King County. Notwithstanding temporary closure for required maintenance or repairs, the minimum period of time Grant Recipient must ensure the Project is available for public use is thirty (30) years. If the Facility is retired or otherwise removed from use before the end of the thirty-year period, then the Grant Recipient shall reimburse the Grant Award Funds to King County. Grant Recipient's duties under this Section 11 will survive the expiration or earlier termination of this Agreement. 12. NOTICE OF GRANT Upon completion of construction of the Facility, a completed Notice of Grant will be provided by King County for execution, a sample of which is attached hereto as Exhibit F. Upon final execution of the Notice of Grant, Grant Recipient and/or the legal property owner must record a copy with the appropriate county offices. 13. CONSTRUCTION OF THE FACILITY 13.1 Capital Improvements. Grant Recipient shall design, develop, and construct mutually agreed upon Facility, features, and amenities in accordance with all applicable design(s), timelines, restrictions, environmental considerations, permitting determinations, neighborhood impact mitigations, and all other requirements. All contracted work by Grant Recipient, its agents, representatives, or subcontractors, shall be bonded and properly insured to ensure the complete and safe design and construction of all facilities, features, and amenities. As between Grant Recipient and King County, DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 Grant Recipient will be solely responsible to comply with all applicable authorities and to obtain all necessary permits, approvals, and endorsements for the Project. 13.2 Warranties. With respect to all warranties, express or implied, for work performed or materials supplied in connection with the Project, Grant Recipient shall: • Obtain all warranties, express or implied, that would be given in normal commercial practice from suppliers, manufacturers, contractors, or installers; • Require all warranties be executed, in writing; and • Be responsible to enforce any warranty of a contractor, subcontractor, manufacturer, or supplier. If, within an applicable warranty period, any part of the Facility or work performed to construct the Facility is found not to conform to specifications, permit requirements, or industry standard, Grant Recipient shall correct it correct it within a reasonable timeframe at the determination of King County. 13.3 Right to Inspect- Construction. King County personnel or agents may inspect the construction project at any time provided that such persons observe due regard for workplace safety and security. King County may require Grant Recipient or its contractors to stop work if King County deems work stoppage necessary to remedy construction defects or to address risks to health, safety, or welfare. Grant Recipient specifically understands, acknowledges, and agrees that at a minimum, King County will inspect the Facility construction project before final completion of the Project. 13.4 Design. Grant Recipient has retained a licensed architect and/or licensed professional engineer, registered in the State of Washington, who will prepare a Project design for the Facility and exterior landscaping, which visually blends with the setting. King County shall review the design plans for the Project in concept and reserves the right to approve the final design of the Project, consistent with established zoning, design code, or both. 13.5 Construction Site/Work Fencing. Grant Recipient will be solely responsible for the site work, required permits, and grading for the Project. Grant Recipient will ensure the work area is properly barricaded, and that signage is installed, directing unauthorized persons not to enter onto the construction site during any phase of development or construction. Unless otherwise agreed by the Parties in writing, fencing will be placed around work areas. In addition, construction areas will be kept clean and organized during development DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 periods. Grant Recipient will be responsible for site security, traffic, and pedestrian warnings at the site during the development and construction phases. 13.6 Alteration of Site or Facility after Construction. For thirty (30) years after the Facility is completed and accepted by Grant Recipient and King County as defined herein, Grant Recipient will not make any material alteration outside of ordinary maintenance to the Facility without the express, written consent by King County. 13.7 Development and Construction Fees and Expenses. Grant Recipient will be responsible to obtain and pay for all necessary permits, fees, and expenses associated with the Project. 13.8 Public Works Laws. To the extent applicable, Grant Recipient will comply with all public works laws, regulations, and ordinances, including but not limited to those related to prevailing wages (see RCW 39.12), retainage (see RCW 60.28), bonding (see RCW 39.08), use of licensed contractors (see RCW 39.06), and competitive bidding (see RCW 36.32 and RCW 35.21.278). Grant Recipient will indemnify and defend King County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws, regulations, and ordinances in connection with the improvements. 13.9 Contractor Indemnification and Hold Harmless. Grant Recipient will require its construction contractors and subcontractors to defend, indemnify, and hold King County, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees and costs, arising out of or in connection with the design, development, and construction of the Facility except for injuries and damages caused by the sole negligence of King County. 13.10 Minimum Scope and Limits of Insurance. Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the minimum scope and limits of insurance as required in Exhibit D — Insurance Requirements and as evidenced in Exhibit E — Certificate of Insurance and Endorsements. 14. INTERNAL CONTROL AND ACCOUNTING SYSTEM Grant Recipient shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. 15. MAINTENANCE OF RECORDS DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 15.1 Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, including Agreement deliverables, and other such records as may be deemed necessary by the County to ensure proper accounting for all Grant Award Funds and compliance with this Agreement. 15.2 These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with (RCW) Chapter 40.14. 15.3 Grant Recipient shall inform the County in writing of the location, if different from the Grant Recipient address listed in Section 5 of this Agreement of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10)working days of any such relocation. 16. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Grant Recipient with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient's records regarding this Agreement and the Project upon seventy-two (72) hours' notice during normal business hours. 17. COMPLIANCE WITH ALL LAWS AND REGULATIONS Grant Recipient shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Grant Recipient specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Grant Recipient shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 18. CORRECTIVE ACTION 18.1 If the County determines that a breach of contract has occurred or does not approve of the Grant Recipient's performance, it will give the Grant Recipient written notification of unacceptable performance. Grant Recipient will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to Grant Recipient. 18.2 King County may withhold any payment owed Grant Recipient until the County is satisfied that corrective action has been taken or completed. DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 19. TERMINATION 19.1 King County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this Agreement, by providing Grant Recipient ten (10) days advance written notice of the termination. 19.2 If the termination results from acts or omissions of Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, Grant Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to Grant Recipient by the County. 19.3 Any King County obligations under this Agreement beyond the current appropriation biennium are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation biennium. 19.4 The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Section 1 and Exhibits B and C, or upon reimbursement by the Grant Recipient to the County of all unexpended proceeds provided by the County pursuant to this Agreement and payment of all amounts due pursuant to Section 6. 20. FUTURE SUPPORT, UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 21. HOLD HARMLESS AND INDEMNIFICATION Grant Recipient shall protect, indemnify, and save harmless the County, its officers, officials, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) Grant Recipient's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies performed or provided by Grant Recipient's employees or other suppliers in connection with or support of the performance of this Agreement. Grant Recipient further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the Grant Recipient, its officers, employees, agents, representatives, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the expiration or prior termination of the Agreement. Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or Grant Recipient's exercise of rights and privileges granted by this Agreement, except to the extent of the County's sole negligence. Grant Recipient's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Grant Recipient's own expense; B. Indemnification of claims made by Grant Recipient's employees or agents; and C. Waiver of Grant Recipient's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the Grant Recipient. In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant Recipient agrees to protect, defend, indemnify and save the County, its officers, officials, employees, and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Grant Recipient's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by Grant Recipient in conjunction with this Agreement. Grant Recipient's duties under this Section 21 will survive the expiration or earlier termination of this Agreement. 22. NONDISCRIMINATION Kinq County Code ("KCC") chapters 12.16 through 12.19 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, or age except minimum age and retirement provisions, unless based upon a bona fide occupational qualification. 23. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 the election or defeat of any candidate for public office. 24. PROJECT MAINTENANCE, EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. As between the County and Grant Recipient, Grant Recipient shall be responsible to operate and maintain the completed Project at its own sole expense and risk. Grant Recipient shall maintain the completed Project in good working condition consistent with applicable standards and guidelines. Grant Recipient understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the Project in any way. B. Grant Recipient shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. Grant Recipient shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Grant Award Funds. Grant Recipient's duties under this Section 24 shall survive the expiration of this Agreement. 25. CULTURAL RESOURCES Grant Recipient agrees to coordinate cultural resource review of the Project with the King County Historic Preservation Program ("HPP") in order to determine potential effects to cultural resources and any necessary mitigation. Grant Recipient further agrees to perform the steps outlined by the HPP for any necessary cultural resource preservation as specified in Exhibit G. 26. ASSIGNMENT Grant Recipient shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Grant Recipient must seek such consent in writing not less than thirty (30) days prior to the date of any proposed assignment. 27. WAIVER OF BREACH OR DEFAULT Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent defaults. 28. TAXES Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation —6416654 Task- 1.25 29. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. 30. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 31. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, County and Grant Recipient a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 32. PERMITS AND LICENSES Grant Recipient shall develop and run the Project in accordance with all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project. 33. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Grant Recipient. 34. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the County and Grant Recipient and supersedes all other agreements and understandings between them, whether written, oral or otherwise. 35. COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties acknowledge and agree that this document may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. IN WITNESS WHEREOF, each individual signing this Agreement warrants that they have the authority to enter into this Agreement on behalf of the Party for which that individual signs. The Parties hereto have executed this Agreement on the dates set DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 forth below. City of Kent King County DocuSigned by: FV— By �93E99D67ED24442DocuuSigned by: t a � By... A1498C6DA09E46F_. Title Mayor Title Division Director, Parks Date 3/26/2024 1 3:30 PM PDT Date 3/28/2024 1 4:05 PM PDT DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation EXHIBIT A—MAP OF FACILITY AND LOCATION ----------------------- - ., _ 7 I I' 1 I . I, � "� S r _ Y 1 i 7 ..� ._ 2 3 ._.---- —._FURNISHINGS LEGEND " c ,, •�h 1.GRILLS 2.TRASH BINS/RECYCLING BINS - - - �"• ;f 3.BIKE RACKS 4.BENCHES - -� _ a 'fr 0; 5.PICNIC TABLES 6.WATER FOUNTAINS/JUG FILLER 7.REMOVABLE BARRIER BOLLARDS 8.FUTSAL COURT 9.PLAY EQUIPMENT SPRINGWOOD PARK 101.18.2023 1 PROPOSED SITE FURNISHINGS FURNISHING LOCATIONS berger DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation —6416654 Task- 1.25 EXHIBIT B — SCOPE OF WORK Project Summary The City of Kent will renovate Springwood Park to include ADA walking paths, expanded children's play amenities, a multi-sports court, and other amenities. Deliverables Progress Reports Final Report Completed Design/Plan Cultural Resource Requirement Notice of Grant Timeline Complete all permitting January 2024 Construction contractor(s) selected April 2024 Groundbreaking - construction July 2024 begins Complete construction December 2024 Grand opening March 2025 The Grantee shall not make any significant changes to an approved project without prior written consent of the County. Significant changes include, but are not limited to, a change to the timeline that falls outside the contract period or a shift of more than twenty percent of funds within the approved grant budget over the term of this Exhibit. If changes are necessary and approved by the County, such changes will be formalized in a written amendment signed by all parties. DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 EXHIBIT C— PROJECT BUDGET Construction Costs $800,000 Planning Costs $0 Personnel Costs $0 Indirect Costs $0 Total $800,000 Grant Budget Changes With written approval from the County, the Grantee may reallocate grant funds across budget line items within twenty percent of the total grant budget without requiring an official contract amendment. Indirect costs shall not exceed twenty percent of direct costs. Budget Line Items Descriptions Construction Costs include but are not limited to site preparation, construction, infrastructure, play structures, landscaping, and amenities. Planning Costs include but are not limited to planning, design, consultant fees, and permits. Personnel Costs include but are not limited to staff pay and benefits. Indirect Costs include expenses of doing business that are not readily identified with a particular grant, contract, project, function, or activity, but are necessary for the general operation of the organization or the performance of the organization's activities. DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 EXHIBIT D — INSURANCE REQUIREMENTS 1. Insurance Requirements 1.1.Grant Recipient shall purchase and maintain for the entire term of this Agreement or as otherwise stated in this Exhibit, at its sole cost and expense, the minimum insurance set forth below. By requiring such minimum insurance, the County does not and shall not be deemed or construed to have assessed the risks that may be applicable to Grant Recipient, or any Contractor under this Agreement, or in any way limit the County's potential recovery to insurance limits required hereunder. To the contrary, this Agreement's insurance requirements may not in any way be construed as limiting any potential liability to the County or the County's potential recovery from Grant Recipient. Grant Recipient and any Contractor shall assess their own risks and if they deem appropriate and/or prudent, maintain greater limits and/or broader coverage. 1.2. Each insurance policy shall be written on an "occurrence" basis, except insurance for Pollution Liability, which may be written on a "claims made" basis. If coverage is approved and purchased on a "claims made" basis, the coverage provided under that insurance shall be maintained through: (i) consecutive policy renewals for not less than three (3) years from the date of completion of the Project which is subject of this Agreement or, if such renewals are unavailable, (ii) the purchase of a tail/extended reporting period for not less than three (3) years from the date of completion of the Project which is the subject of this Agreement. 2. Evidence and Cancellation of Insurance 2.1. Prior to contract execution and upon request by the County, Grant Recipient shall furnish the County certificates of insurance and endorsements certifying the issuance of all insurance required by this Agreement which is to be maintained for the entire term of the Agreement or as otherwise stated in this Exhibit. All evidence of insurance shall be signed by a properly authorized officer, agent, general agent, or qualified representative to the insurer(s), shall certify the name of the insured(s), the type and amount of insurance, the location and operations to which the insurance applies, the inception and expiration dates, shall specify the form numbers of any endorsements issued to satisfy this Agreement's insurance requirements, and shall state that the County shall receive notice at least thirty (30) days prior to the effective date of any cancellation, lapse, or material change in the policy(s). Certificate Holder: King County Parks, 201 S. Jackson Street, Suite 5702, Seattle, WA 98104. Electronic evidence of insurance documents may be emailed to- ParksGrants@kingcounty.gov. 2.2.The County reserves the right to require complete, certified copies of all required insurance policies, including all endorsements and riders, which may be DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 redacted of any confidential or proprietary information. Grant Recipient shall deliver such policies to the County within five (5) business days of County's request. 3. Minimum Scope and Limits of Insurance 3.1.Grant Recipient shall maintain the following types of insurance and minimum insurance limits: 3.1.1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal and advertising injury, and property damage. Coverage shall be at least as broad as that afforded under ISO form number CG 00 01. Such insurance shall include coverage for, but not limited to, premises liability, ongoing operations, products and completed operations, and contractual liability. Limits may be satisfied by a single primary policy or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy all other requirements applicable to liability insurance including, but not limited to, additional insured status for the County. 3.1.2. Automobile Liability: Grant Recipient and/or its Contractor(s) will maintain Automobile Liability insurance with a minimum $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall be at least as broad as that afforded under ISO form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of symbols 2, 8, and 9. Limit may be satisfied by a single primary policy or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy. 3.1.3. Workers Compensation: If Grant Recipient or its Contractor(s) have employees, then Workers Compensation coverage shall be maintained as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Project by applicable Federal or "Other States" State Law. 3.1.4. Employers Liability or "Stop Gap" coverage: If Grant Recipient or its Contractor(s) have employees, then Employers Liability or "Stop Gap" coverage shall be maintained with a minimum limit of$1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability), or, in monopolistic states including but not limited to Washington, the protection DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 provided by the "Stop Gap" endorsement to the commercial general liability policy. 3.1.5. Builder's Risk/ Installation Floater Insurance. If construction activities will be funded by the Grant, Grant Recipient or its Contractor(s) shall procure and maintain, prior to and for the duration of the construction phase of the Project, "All Risk" Builder's Risk insurance or Installation Floater insurance at least as broad as ISO form number CP0020 (Builder's Risk Coverage Form) with ISO form number CP0020 (Causes of Loss — Special Form). The coverage shall insure for direct physical loss to property of the Project for 100% of the replacement value. The policy shall be endorsed to cover the interests, as they may appear, of King County, Grant Recipient, and Contractor(s) of all tiers. In the event of a loss to any or all of the work and/or materials therein and/or to be provided at any time, Grant Recipient or its Contractor(s) shall promptly reconstruct, repair, replace, or restore all work and/or materials so destroyed. Policy shall include a waiver of subrogation in favor of King County. 3.1.6. Pollution Liability: If geotechnical work will take place, Grant Recipient or its Contractor(s) shall provide Pollution Liability coverage with minimum limits of$1,000,000 per occurrence and in the aggregate to cover sudden and non-sudden bodily injury and/or property damage to include the destruction of tangible property, loss of use, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed. 3.1.7. Fidelity and Crime Insurance. If a Fiscal Sponsor is a party to this Agreement, Fiscal Sponsor(s) shall procure and maintain Fidelity and Crime insurance with a minimum limit equal to the grant amount. Coverage shall include `Join Loss Payable' ISO form CR 20 15 10/10 or substantive equivalent and `Provide Required Notice of Cancellation to Another Entity' ISO form CR 20 17 10/10. 4. Other Insurance Provisions and Requirements 4.1.All insurance policies purchased and maintained by Grant Recipient and any Contractor required in this Agreement shall contain, or be endorsed to contain the following provisions: 4.1.1. With respect to all liability policies except Professional Liability (Errors and Omissions) and Workers Compensation: 4.1.1.1. King County, its officials, employees, and agents shall be covered as additional insured for full coverage and policy limits as respects liability arising out of activities performed by or on behalf of the Grant Recipient, its agents, representatives, employees, or Contractor(s) in connection with this Agreement. Additional Insured status shall include products-completed operations CG 20 100 11/85 or its substantive equivalent. The County requires the endorsement(s) to complete the Agreement. DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 4.1.2. With respect to all liability policies (except Workers Compensation): 4.1.2.1. Coverage shall be primary insurance as respects the County, its officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officials, employees, or agents shall not contribute with any of Grant Recipient's or Contractor(s)'s insurance or benefit the Grant Recipient, or any Contractor, or their respective insurers in any way. 4.1.2.2. Insurance shall expressly state that it applies separately to each insured and additional insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of insurer's liability. 5. Waiver of Subrogation 5.1.Grant Recipient, its Contractor(s), and their respective insurance carriers release and waive all rights of subrogation against King County, its officials, agents, and employees for damages caused by fire or other perils which can be insured by a property insurance policy. This provision shall be valid and enforceable only to the extent permissible by the applicable property insurance policies. 6. Deductibles/Self-Insured Retentions 6.1.Any deductible and/or self-insured retention of the policies shall in all instances be the sole responsibility of Grant Recipient or its Contractor, even if no claim has been made or asserted against them. 7. Acceptability of Insurers 7.1. Unless otherwise approved by the County, insurance is to be placed with insurers with an A.M. Best rating of no less than A:VIII. 8. Self-Insurance 8.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient may maintain a fully funded self-insurance program or participate in an insurance pool for the protection and handling of its liabilities including injuries to persons and damage to property. Further, if Grant Recipient maintains a self- insurance program or participates in an insurance pool, the additional insured requirement shall not apply to the coverage provided by the self-insured program or insurance pool. 9. Contractors 9.1.Grant Recipient shall include all Contractors as insureds under its policies or, alternatively, Grant Recipient must require each of its Contractors to procure and maintain appropriate and reasonable insurance coverage and insurance limits to cover each of the Contractor's liabilities given the scope of work and services being provided herein. Contractor(s) must include the County, its officials, agents and employees as additional insured for full coverage and policy limits on DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 its Commercial General Liability insurance and, if applicable, its Automobile Liability insurance. Upon request by the County, and within five (5) business days, Grant Recipient must provide evidence of each Contractor(s) insurance coverage, including endorsements. DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 EXHIBIT E- CERTIFICATE OF INSURANCE AND ENDORSEMENTS DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 73/5/2024 E(MM/DDYYY) A�" CERTIFICATE OF LIABILITY INSURANCE /Y 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: Jamie Arnold) Seattle-Alliant Insurance Services, Inc. PHONE FAX 401 Union Street, 31 st Floor AIc No Ext: 949-627-7000 A/C,No), E-MSeattle WA 98101 ADDRESS: jamie.arnoldi@alliant.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Safety National Casualty Coro 15105 INSURED KE583802 INSURER B: City of Kent 220 4th Avenue South INSURER C Kent WA 98032 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1621930161 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 XPR4067983 1/1/2024 1/1/2025 EACH OCCURRENCE $5,000,000 DAMAGES( RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence) $500,000 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICYEl PRO ❑JECT LOC PRODUCTS-COMP/OP AGG $5,000,000 OTHER: SIR $1,625,000 A AUTOMOBILE LIABILITY XPR4067983 1/1/2024 1/1/2025 COMBINED SINGLE LIMIT $2 000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident SIR $1,625,000 UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION SP4067921 1/1/2024 1/1/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE 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 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Stop Gap XPR4067983 1/1/2024 1/1/2025 Each Occurrence $1,000,000 Aggregate $1,000,000 Retention $1,625,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Work Comp has a$600,000 SIR. RE: Parks Planning Division has following new grant contracts with King County. 1. Springwood Park Renovation 2. East Hill North Community Park Development. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN King County Parks ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Rusty Milholland 201 S Jackson Street Suite#5702 AUTHORIZED REPRESENTATIVE Seattle WA 98104 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 COMMON POLICY CHANGE ENDORSEMENT SAFETY NATIONAL CASUALTY CORP Policy Number Effective Date ST. LOUIS, MO63146 XPR4067983 01/01/2024 (888)995-5300 Endorsement Number 001 12:01 A.M. Standard Time at the described loc- ation Named Insured and Address Agent CITY OF KENT ALLIANT INSURANCE SERVICES INC 220 4TH AVENUE SOUTH 401 Union Street KENT, WA 98032 31st Floor Seattle,WA 98101 Telephone: CHANGE DESCRIPTION The following endorsement has been Added: PE 001 00 12 22 Additional Insured - Scheduled Contracts Added: Blanket wording Premium Changes This Premium does not include surcharges Additional Return $0 $0 Surcharge Changes Additional Return $0 $0 j k AUTHORIZED REPRESENTATIVE IL 10 05 12 08 Page 1 of 1 DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 POLICY NUMBER: XPR4067983 PE 001 00 12 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - SCHEDULED CONTRACTS This endorsement may be used to modify insurance provided under the following: GENERAL LIABILITY COVERAGE PART AUTOMOBILE LIABILITY COVERAGE PART LAW ENFORCEMENT LIABILITY COVERAGE PART This endorsement does NOT extend insurance for any above Coverage Part if Item 3 of the Declarations for this Policy indicates "Not Covered" for such Coverage Part. SCHEDULE Coverage Part(s) Modified By This Endorsement GENERAL LIABILITY COVERAGE PART AUTOMOBILE LIABILITY COVERAGE PART Additional Insured Description Of Contract Contract Date Person(s) or As per written contract As per written contract Organization(s) to whom you are obligated by virtue of a written contract to provide insurance and when such written contract is executed prior to a loss to which the insurance applies. A. The following is added to Section B. WHO IS AN B. The following is added to Section D. LIMITS OF INSURED of each applicable Coverage Part listed INDEMNITY of each applicable Coverage Part in the SCHEDULE above: listed in the SCHEDULE above: Any person(s) or organization(s) listed in the The Limits of Indemnity afforded to the additional SCHEDULE to whom you are obligated by virtue Insured shown in the SCHEDULE will be limited to of a written contract to provide insurance solely the Limits of Indemnity required within the terms of with respect to bodily injury or property damage the contract or the Limits of Indemnity of this is an Insured. Policy, whichever is less. The Limits of Indemnity However, insurance for such additional Insured afforded to such additional Insured will apply in applies only to bodily injury and property excess of the retained limit shown in the Item 3. of damage required within the terms of the contract the Declarations. and only to the extent that such additional Insured is liable for bodily injury or property damage Any insurance provided in this endorsement is caused by your acts or omissions in the part of and not in addition to the Limits of performance of your operations. Indemnity shown in Item 4. of the Declarations for each applicable Coverage Part. PE 001 00 12 22 Safety National Casualty Corporation Page 1 of 1 DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 EXHIBIT F— NOTICE OF GRANT Upon Recording Return To: King County Department of Natural Resources and Parks Parks and Recreation Division 201 S Jackson Street, KSC-NR-5702 Seattle, WA 98104-3855 Document Title: Reference No. of Related Document: Legal Description: Assessor's Parcel No.: NOTICE OF GRANT This Notice of Grant is effective as of the day of , 202_, and is made and executed by the Parks Capital & Open Space Levy grant recipient, City of Kent, and King County (the "County"), a political subdivision of the State of Washington. is/are the owner(s) (the "Property Owner") of the property(ies) in King County, State of Washington (the "Property"), legally described and attached hereto in Exhibit F-1. Pursuant to a Parks Capital & Open Space Levy Grant Agreement, between the King County and City of Kent, dated ("Grant Agreement"), attached hereto as Exhibit F-2, City of Kent constructed a Facility Improvement "Facility" on the Property for the purpose of providing recreation for the public. A map of the Property and Facility is attached hereto as Exhibit F-3. The City of Kent hereby agrees to be bound by the terms of the Grant Agreement including the obligation to ensure public access to the Facility. IN WITNESS WHEREOF, City of Kent and King County have executed this Notice of Grant on the date set forth above. City of Kent KING COUNTY By: By: Name: Name: DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 PROPERTY OWNER By: Name: DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation —6416654 Task- 1.25 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Print Name: My Commission Expires: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Print Name: My Commission Expires: DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation —6416654 Task- 1.25 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Print Name: My Commission Expires: DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 NOTICE OF GRANT EXHIBIT F-1 - LEGAL DESCRIPTION DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 NOTICE OF GRANT EXHIBIT F-2- GRANT AGREEMENT DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 NOTICE OF GRANT EXHIBIT F-3- PROPERTY AND FACILITY MAP DocuSign Envelope ID: F4EF907D-A614-452D-970E-09016C6BB843 City of Kent—Springwood Park Renovation—6416654 Task- 1.25 EXHIBIT G — CULTURAL RESOURCE PRESERVATION REQUIREMENTS Based on the initial cultural resources review, the following recommendation(s)is/are conditions and/or requirements for this Project. The Grant Recipient shall make a copy of the provided King County Parks inadvertent discovery plan (IDP) available to the construction contractor prior to the start of ground disturbance. The IDP will be reviewed with the field staff at the start of ground disturbing work and will be kept on site during construction of the project. DocuSign Certificate Of Completion Envelope Id: F4EF907DA614452D970EO9016C6BB843 Status:Completed Subject: City of Kent—Springwood Park Renovation—6416654 Source Envelope: Document Pages:34 Signatures:2 Envelope Originator: Certificate Pages:5 Initials:0 Parks Grants AutoNav: Enabled 401 5TH AVE Envelopeld Stamping: Enabled SEATTLE,WA 98104 Time Zone: (UTC-08:00)Pacific Time(US&Canada) parksgrants@kingcounty.gov I P Address: 3.132.16.71 Record Tracking Status:Original Holder: Parks Grants Location: DocuSign 3/5/2024 4:54:13 PM parksgrants@kingcounty.gov Security Appliance Status:Connected Pool: FedRamp Storage Appliance Status: Connected Pool: King County-Dept of Natural Resources& Location: DocuSign Parks-Parks Signer Events Signature Timestamp Dana Ralph ED—Sig-d by: Sent:3/6/2024 10:39:12 AM dralph@kentwa.gov a" N fL Viewed:3/26/2024 3:29:55 PM Mayor 93E99D67ED24442... Signed: 3/26/2024 3:30:08 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 146.129.252.126 Electronic Record and Signature Disclosure: Accepted: 12/30/2021 9:04:36 AM ID: 3207ed34-abbf-4175-8ca3-09636b72ead8 Warren Jimenez DocuSignedby: Sent:3/26/2024 3:30:09 PM wjimenez@kingcounty.gov Viewed:3/28/2024 4:00:56 PM Division Director, Parks n 4sacsonosE4sF Signed: 3/28/2024 4:05:13 PM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 174.204.64.154 Electronic Record and Signature Disclosure: Accepted: 12/16/2020 11:32:05 AM ID:e1b2fdbc-66a3-41ef-9a99-bebbac2271d5 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Logan Todd I EIAf E D Sent:3/5/2024 5:05:30 PM Ltodd@kentwa.gov Viewed:3/6/2024 10:39:11 AM Security Level: Email,Account Authentication (None) Using IP Address: 146.129.252.126 Electronic Record and Signature Disclosure: Certified Delivery Events Status Timestamp Accepted:3/6/2024 10:39:11 AM ID:2c1e0ad1-8bf5-485a-a1e8-5d6a959e31d0 Carbon Copy Events Status Timestamp Kerry O'Connor �� Sent:3/5/2024 5:05:29 PM KOConnor@kentwa.gov ED Viewed:3/6/2024 8:42:29 AM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:2/9/2023 2:20:59 PM ID: 7d3c4c03-26f0-4491-b5d4-6e732cc2803e DNRP GAP Grant COPIED Sent:3/28/2024 4:05:14 PM GAPGrants@kingcounty.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Parks Grants w Sent:3/28/2024 4:05:14 PM parksgrants@kingcounty.gov t Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/5/2024 5:05:29 PM Certified Delivered Security Checked 3/28/2024 4:00:56 PM Signing Complete Security Checked 3/28/2024 4:05:13 PM Completed Security Checked 3/28/2024 4:05:14 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:8/24/2020 3:49:22 PM Parties agreed to:Dana Ralph,Warren Jimenez,Logan Todd,Kerry O'Connor ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, King County-Department of 16 (we, us or Company)may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact King County-Department of 16: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: cipriano.dacanay@kingcounty.gov To advise King County-Department of 16 of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at cipriano.dacanay@kingcounty.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from King County-Department of 16 To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to cipriano.dacanay@kingcounty.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with King County-Department of 16 To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to cipriano.dacanay@kingcounty.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https:Hsupport.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and(i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify King County-Department of 16 as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by King County-Department of 16 during the course of your relationship with King County-Department of 16.