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Home My WebLink AboutCAG2024-269 - Original - ASM Affiliates - Uplands Playfield and Spray Park: Cultural Assessment - 06/03/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: TT Zl— Agreement Routing Form Dir Asst: KP KP • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Optional) W A S H I N G T O N Originator: Department: KateLynn Jennings for Bryan Higgins Parks, Recreation & Community Services Date Sent: Date Required: > 5/30/2024 6/6/2024 0 CL Authorized to Sign: Date of Council Approval: C [ZDirector or Designee Mayor N/A Budget Account Number: Grant? Yes WIN P20127 Budget?W]YesE]No Type: N/A Vendor Name: Category: ASM Affiliates Contract Vendor Number: Sub-Category: = 2503291 Original Project Name: Uplands Playfield & Spray Park- Cultural Assessment E 0 Consultant will conduct a cultural assessment for the Uplands Playfield and Spray Park project. C Project Details: C d 4) Agreement Amount: $13,400 Basis for Selection of Contractor: Other 47 `Memo to Mayor must be attached i� Start Date: June 2024 Termination Date: 12/31/2024 Im Q Local Business?F--]YeslzNo* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes Elln-Process Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: FTesFINo CAG2024-269 Comments: im 6/4/24 - rcvd in City Clerk's Office C a) > i N pC a3, Date Received by City Attorney: N/A R Date Routed to the Mayor's Office: N/A N Date Routed to the City Clerk's Office: ,c00)373_-_70 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20200218 KENT W-1-T.. CONSULTANT SERVICES AGREEMENT between the City of Kent and ASM Affiliates THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ASM Affiliates organized under the laws of the State of California, located and doing business at 2034 Corte Del Nogal, Carlsbad, California 92011 (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 will conduct a cultural assessment 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 12/31/2024. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $13,400, 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 CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) responsible 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 CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the 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. CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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 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 ($20,000 or Less) 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 ($20,000 or Less) 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: 0441.0-iv UKan Le✓enhaaelh By:Dave Iversen(Jun 1,202410:00 PDT) By:Brian Levenhagen(Jun 3,20241 2 PDT) Print Name: Dave Iversen Print Name, Brian Levenhagen Its: Director Its: Parks, Recreation&Community Svcs. Deputy Director DATE: 6/1/2024 DATE: 6/3/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Dave Iversen Bryan Higgins ASM Affiliates City of Kent 26231 72nd Ave NW, Suite 201 220 Fourth Avenue South Stanwood, WA 98292 Kent, WA 98032 (360) 572-4870 (telephone) (253) 856-5113 (telephone) diversen@asmaffiliates.com email BHiggins@kentwa.gov (email) ATTEST: k�;u gmk Kent City Clerk [In this field,you may enter the electronic filepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT - 6 ($20,000 or Less) 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. nave-/r rs:&� By: Dave Iversen(Jun 1,202410:00 PDT) For: ASM Affiliates Title: Director Date: 6/1/2024 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 AS _ ' H N F.09M.1 M XZ�fft—=) )Ac'R� OL Archaeology-History•Ethnography-Architectural History Proposal to Conduct a Cultural Resources Assessment for the Upland Playfield and Spray Park Project Kent, King County, Washington May 3, 2024 Prepared by: Dave Iversen,MA, RPA ASM Affiliates 26231 72"d Ave NW Stanwood,WA 98292 Prepared for: Bryan Higgins Senior Parks Capital Project Manager City of Kent Park Planning and Dev I Parks,Recreation&Community Services 220 Fourth Avenue South,Kent,WA 98032 Dave Iversen,Director March 15, 2024 Bryan Higgins Page 2 of 3 Project Introduction ASM Affiliates(ASM)will conduct a cultural assessment for the Upland Playfield and Spray Park Project, Kent, King County, Washington. All services will be provided in accordance with Section 106 of the National Historic Preservation Act (NHPA) and Washington State Recreation and Conservation Office (RCO), and Washington State Department of Archaeology and Historic Preservation(DAHP) guidelines. The project will be managed by ASM's archaeologists, architectural historians, and/or historians who exceed the Secretary of the Interior's Professional Qualification Standards. All services will be provided on a fixed-fee basis after receipt of signed contract. Scope of Work Records Search—Prior to the initiation of fieldwork,ASM will conduct records searches of site forms and previous cultural resources reports on file at the DAHP, as well as archival review of other existing documentation that may be useful to determine cultural resources concerns or historical properties located within 1-mi. of the properties. Library and online resources will also be consulted to check historic land survey and patent maps,topographic maps, and other pertinent historical documents. Field Survey — Fieldwork will include an intensive survey to examine all exposed ground surfaces for archaeological resources. Subsurface excavation will be conducted using a systematic method to determine if unknown significant sites are present below the ground surface. ASM will conduct subsurface excavations at regular intervals in accessible areas. Shovel test probe (STP) excavations will be used to determine the presence, extent, and structure of subsurface deposits, and assist in the determination of the nature of any identified site boundaries. Sediment from excavations will be screened through '/4-in. hardware mesh.will be documented on ASM forms,which include provenience location,artifact inventory, information on sediment type and color, termination depth, and general observations. The locations of excavations and all identified cultural resources will be documented with global positioning systems(GPS) handheld devices and included on report quality figures within the technical report. Technical Report Preparation — ASM will prepare a technical report containing the requisite written documentation in compliance with Section 106 of the NHPA, RCO, and DAHP requirements. The report will include a historic overview,methodology,survey findings,identification of known historical resources, recommended mitigation and/or provide recommendations for any further work required for compliance. Schedule ASM will conduct fieldwork for the project within 60 days of notice to proceed.A draft report will be submitted for review within 60 days of fieldwork completion. The final report will be submitted within two (2)weeks of receipt of comments to the draft. ASM will conduct monitoring activities concurrently with the geotechnical explorations. Cost The estimated fixed-fee cost to complete the scope of work described above is $13,400.00. March 15, 2024 Bryan Higgins Page 3 of 3 Assumptions • A maximum of 20 STP excavations will be conducted; • No archaeological resources will be identified; • If archaeological resources are present an additional fee of$5,000/resource would be required to cover the cost of documentation; • No historic buildings or structures will require inventory and/or evaluation; • No indirect impacts analysis will be required; • Deliverables will be provided electronically via email; • NRHP evaluation, data recovery, historic property inventory/evaluation, impacts analysis, and/or additional on-site monitoring would be performed under a separate contract as needed. Proposal Acceptance Title: Proposal to Conduct a Cultural Resources Assessment for the Upland Playfield and Spray Park Project-Kent,King County,Washington Cost: $13,400.00 Exhibit B Insurance Requirements Insurance 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. 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 $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Professional Liability or Errors & Omissions insurance shall be written with limits no less than $1,000,000 per 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. 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. A�" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 09/08/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lena Marrujo NAME: FALCON WEST INSURANCE BROKERS,INC. PNHCONN Ext: (619)297-9181 A/XC,No): (619)297-3366 License#0616640 E-MAIL lenam@falconwest.com ADDRESS: 2525 Camino Del Rio S Ste 100 INSURER(S)AFFORDING COVERAGE NAIC# San Diego CA 92108 INSURERA: Ironshore Specialty Insurance Company 25445 INSURED INSURER B: Wesco Insurance Co 25011 ASM Affiliates INSURER C: 2034 Corte Del Nogal INSURER D: INSURER E: Carlsbad CA 92011 INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 WA 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 INSURANCEADDLSUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE X OCCUR PRIM SES Ea oNcE ence $ 500,000 X General Liability Deductible$5,000 MED EXP(Any one person) $ 25,000 A X Pollution Liability Deductible$5,000 Y IEPICCVJSWO01 09/10/2023 09/10/2024 PERSONAL&ADV INJURY $ 5,000,000 MOTHER LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 5,01)(),l)l70 JECT: Pollution Liability $ 5,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y WPP 198571801 09/10/2023 09/10/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A X EXCESS LAB CLAIMS-MADE IEELCASCVJSX001 09/10/2023 09/10/2024 AGGREGATE $ 5,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability Each Incident Limit $5,000,000 A IEPICCVJSWO01 09/10/2023 09/10/2024 Aggregate Limit $5,000,000 Deductible $25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Kent is included as an Additional Insured as required by written contract on the General Liability and Auto.Coverage is Primary& Non-Contributory as required by written contract on General Liability and Auto.`30 Days Notice of Cancellation with 10 days Notice for Non-payment of premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 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 LMUAAAA&P_ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD x1px IRONSHORE,. A Librrty Mutual Company IRONSHORE SPECIALTY INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 Toll Free: (877)IRON411 Endorsement#10 Policy Number:IEPICCVJSWO01 Effective Date of Endorsement:September 10,2023 Insured Name: ASM Affiliates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL AGGREGATE LIMIT AMENDMENT This endorsement modifies insurance provided under the following: ENVIRONMENTAL PROTECTION INSURANCE COVERAGE PACKAGE(EPIC PAC) In consideration of the premium paid,the policy to which this Endorsement is attached is amended as follows: SECTION III—LIMITS OF INSURANCE AND DEDUCTIBLE,Paragraph 2.is deleted and replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages and emergency response expense under COVERAGE PART I,except damages because of bodily injury, property damage or environmental damage included in the products-completed operations hazard other than damages covered under COVERAGE PART I—Coverage G:Contractors Pollution Liability; b. Damages,medical expense,product withdrawals,image restoration expenses,disinfection expenses or pre-claim event expenses under COVERAGE PART II; c. Damages,clean-up costs,emergency response expense and legal and claims expense payments under COVERAGE PART III;and d. Damages and legal and claims expense payments under COVERAGE PART IV. ALL OTHER TERMS,CONDITIONS AND EXCLUSIONS OF THIS POLICY REMAIN UNCHANGED. IE.END.EPIC.042(09/22) Page 1 of 1 POLICY NUMBER: WPP1985718 01 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed e. An"employee"of yours is an"insured" Organizations,Employee Hired Car while operating an"auto"hired or rented Liability and Blanket Additional Insured under a contract or agreement in that Status for Certain Entities. "employee's"name,with your Item 1.Who is an Insured of Paragraph A. permission,while performing duties Coverage under SECTION II—COVERED related to the conduct of your business. AUTOS LIABILITY COVERAGE is f. Any person or organization you are amended to add: required by written contract or d. Any organization you newly acquire or agreement to name as an additional form,other than a partnership,joint "insured",but only with respect to venture or limited liability company,and liability created in whole or in part by over which you maintain ownership of a such agreement. majority interest(greater than 50%),will B. Increase Of Loss Earnings Payment qualify as a Named Insured;however, Subpart(4)of a.Supplementary Payments (1) coverage under this provision is of Item 2.Coverage Extensions of afforded only until the 180th day Paragraph A.Coverage under SECTION II after you acquire or form the —COVERED AUTOS LIABILITY organization or the end of the policy COVERAGE is amended to read: period,whichever is earlier; (4) We will pay reasonable expenses (2) coverage does not apply to"bodily incurred by the"insured"at our injury","property damage"or request, including actual loss of "covered pollution cost or expense" earnings up to$1,000 per day that results from an"accident"which because of time off from work. occurred before you acquired or C. Fellow Employee Injured By Covered formed the organization;and Auto You Own Or Hire (3) coverage does not apply if there is Item 5.Fellow Employee of Paragraph B. other similar insurance available to Exclusions under SECTION II—COVERED that organization,or if similar AUTOS LIABILITY COVERAGE is insurance would have been amended to add: available but for its termination or the exhaustion of its limits of This exclusion does not apply if the"bodily insurance. injury"results from the use of a covered "auto"you own or hire. Such coverage as This insurance does not apply if is afforded by this provision is excess over coverage for the newly acquired or any other collectible insurance. formed organization is excluded either by the provisions of this coverage form or by endorsement. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices,Inc. Page 1 of 5 Used with permission D. Limited Automatic Towing Coverage G. "Personal Effects"Coverage Item 2.Towing,of Paragraph A.Coverage, Item 4.Coverage Extensions of Paragraph under SECTION III—PHYSICAL DAMAGE A.Coverage,under SECTION III- COVERAGE is amended to read: PHYSICAL DAMAGE COVERAGE,is amended to add: 2. Towing "Personal Effects"Coverage We will pay for towing and labor costs each time that a covered"auto"is We will pay actual cash value for"loss"to disabled. All labor must be performed at "personal effects"of the"insured"while in the place of disablement of the covered a covered"auto"subject to a maximum "auto". limit of$2,500 per"loss",for that covered "auto"caused by the same"accident".No a. The limit for towing and labor for deductible will apply to this coverage. each disablement is$500; H. "Downtime Loss"Coverage b. No deductible applies to this cover- age. Item 4.Coverage Extensions,of e—Hitting A Bird Paragraph A.Coverage,under SECTION E. Item 3.Glass Breakage g III.PHYSICAL DAMAGE COVERAGE,is Or Animal—Falling Objects or Missiles of amended to add: Paragraph A.Coverage under SECTION III —PHYSICAL DAMAGE COVERAGE,is "Downtime Loss"Coverage amended to add: We will pay any resulting"downtime loss" Glass Repair Coverage expenses you sustain as a result of a covered physical damage"loss"to a We will waive the Comprehensive covered"auto"up to a maximum of$100 deductible for Glass,if one is indicated on per day,for a maximum of 30 days for the your covered"auto",for glass repairs. We same physical damage"loss",subject to will repair at no cost to you,any glass that the following conditions: can be repaired without replacement, provided the"loss"arises from a covered a. We will provide"downtime loss"beginning Comprehensive"loss"to your"auto". on the 5 th day after we have given you our agreement to pay for repairs to a F. Increase Of Transportation Expense Coverage covered"auto"and you have given the repair facility your authorization to make Subpart a.Transportation Expenses of repairs; Item 4.Coverage Extensions of Paragraph b. Coverage for"downtime loss"expenses A.Coverage under SECTION III— will end when any of the following occur: PHYSICAL DAMAGE COVERAGE is amended to read: (1) You have a spare or reserve"auto" available to you to continue your a. Transportation Expenses operations. We will pay up to$50 per day to a (2) You purchase a replacement"auto". maximum of$1,000 for temporary transportation expense incurred by you (3) Repairs to your covered"auto"have because of the total theft of a covered been completed by the repair facility "auto"of the private passenger type. and they determine the covered We will pay only for those covered "auto"is road-worthy. "autos"for which you carry either (4) You reach the 30 day maximum Comprehensive or Specified Causes of coverage. Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending,regardless of the policy's expiration,when the covered"auto"is returned to use or we pay for its"loss". CA990187 0715 Includes Copyrighted Material of Insurance Services Offices,Inc. Page 2 of 5 Used with permission I. Item 4.Coverage Extensions,of d. Contraband or property in the course Paragraph A.Coverage,under SECTION of illegal transportation or trade. III.PHYSICAL DAMAGE COVERAGE, is e. "Loss"caused by theft,unless there is amended to add: evidence of forced entry into the We will pay any resulting rental covered"auto"and a police report is reimbursement expenses incurred by you for filed. a rental of an"auto"because of"loss"to a K. Accidental Airbag Discharge Coverage covered"auto"up to a maximum of$100 per day,for a maximum of 30 days for the same Item 3.a.of Paragraph B.Exclusions under physical damage`loss",subject to the SECTION III—PHYSICAL DAMAGE following conditions: COVERAGE is amended to read: a. We will provide rental reimbursement a. Wear and tear,freezing,mechanical incurred during the policy period or electrical breakdown.The beginning 24 hours after the`loss"and exclusion relating to mechanical ending,regardless of the policy break-down does not apply to the expiration,with the number of days accidental discharge of an air bag. reasonably required to repair or replace L. Loan or Lease Gap Coverage the covered"auto". If the"loss"is Paragraph C.Limit Of Insurance under caused by theft,this number of days is SECTION III—PHYSICAL DAMAGE the number of days it takes to locate the COVERAGE is amended to add: covered"auto"and return it to you or the number of days it takes for the claim to If a covered"auto"is owned or leased and be settled,whichever comes first. if we provide Physical Damage Coverage b. Our payment is limited to necessary and on it,we will pay,in the event of a covered total'loss",any unpaid amount due on the actual expenses incurred. lease or loan for a covered"auto",less: c. This coverage does not apply while a. The amount paid under the Physical there are spare or reserve"autos" Damage Coverage Section of the available to you for your operations. policy;and d. If a"loss"results from the total theft of a b. Any: covered"auto'of the private passenger type,we will pay under this coverage (1) Overdue lease or loan only that amount of your rental payments including penalties, reimbursement expenses which is not interest or other charges already provided for under the Physical resulting from overdue Damage Coverage Extension. payments at the time of the J. "Personal Effects"Exclusion .loss"; Paragraph B.Exclusions under SECTION (2) Financial penalties imposed III—PHYSICAL DAMAGE COVERAGE,is under a lease for excessive use, amended to add: abnormal wear and tear or high mileage; "Personal Effects"Exclusion (3) Costs for extended warranties, We will not pay for"loss"to"personal Credit Life Insurance,Health, effects"of any of the following: Accident or Disability Insurance a. Accounts,bills,currency,deeds, purchased with the loan or evidence of debt,money,notes, lease; securities or commercial paper or (4) Security deposits not refunded other documents of value. by the lessor;and b. Bullion,gold,silver,platinum,or other (5) Carry-over balances from precious alloys or metals;furs or fur previous loans or leases garments;jewelry;watches;precious or semi-precious stones. c. Paintings,statuary and other works of art. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices,Inc. Page 3 of 5 Used with permission M. Aggregate Deductible (3) An"executive officer"or director,if Paragraph D.Deductible under SECTION you are a corporation; III—PHYSICAL DAMAGE COVERAGE is (4) A manager or member,if you are a amended to add: limited liability company; Regardless of the number of covered (5) Your insurance manager;or "autos"involved in the same"loss',only (6) Your legal representative. one deductible will apply to that"loss'. If the deductible amounts vary by"autos', P. Waiver Of Subrogation For Auto Liability then only the highest applicable deductible Losses Assumed Under Insured Contract will apply to that`loss'. Item 5.Transfer Of Rights Of Recovery N. Diminishing Deductible Against Others To Us of Paragraph A. Loss Conditions under SECTION IV— Paragraph D.Deductible under SECTION BUSINESS AUTO CONDITIONS is III—PHYSICAL DAMAGE COVERAGE is amended to read: amended to add: Any deductible will be reduced by the 5. Transfer of Rights of Recovery Against Others To Us percentage indicated below on the first 'loss'reported during the corresponding If any person or organization to or for policy period: whom we make payments under this Coverage Form has rights to recover damages from another,those rights are Loss Free Policy Periods Deductible transferred to us.That person or With the Expansion Reduction on the organization must do everything Endorsement first"loss' necessary to secure our rights and must 1 0% do nothing after an"accident'or`loss' 2 25% to impair them. However,if the insured has waived those rights to recover 3 50% through a written contract,we will waive 4 75% any right to recovery we may have 5 100% under this Coverage Form. If we pay a Physical Damage'loss'during Q. Insurance is Primary and the policy period under any BUSINESS Noncontributory AUTO COVERAGE FORM you have with Subpart a.of Item 5.Other Insurance of us,your deductible stated in the Paragraph B.General Conditions under Declarations page of each such SECTION IV—BUSINESS AUTO COVERAGE FORM will not be reduced on CONDITIONS is amended to read: any subsequent claims during the remainder of your policy period and your deductible a. This insurance is primary and reduction will revert back to 0%for each noncontributory, respects any other such COVERAGE FORM if coverage is insurance,if required in a written contract with you. renewed. O. Knowledge of Loss and Notice To Us R. Other Insurance—Hired Auto Physical Damage Subsection a.of Item 2.Duties In the Event Subpart b.of Item 5..Other Insurance of of Accident,Claim,Suit or Loss of Paragraph B.General Conditions under Paragraph A.Loss Conditions under SECTION IV—BUSINESS AUTO SECTION IV--BUSINESS AUTO CONDITIONS is amended to read: CONDITIONS is amended to add: However, prompt notice of the"accident', b. For Hired Auto Physical Damage claim,"suit'or'loss'to us or our Coverage,the following are deemed authorized representative only applies to be covered"autos'you own: after the"accident',claim,"suit'or"loss'is (1) Any covered"auto"you lease, known to: hire,rent or borrow;and (1) You, if you are an individual; (2) A partner,if you are a partnership; CA990187 0715 Includes Copyrighted Material of Insurance Services Offices,Inc. Page 4 of 5 Used with permission (2) Any covered"auto"hired or rented by your "employee"under a contract in that individual "employee's"name,with your permission,while performing duties related to the conduct of your business. However,any"auto"that is leased,hired, rented or borrowed with a driver is not a covered"auto". S. Unintentional Failure To Disclose Hazards Paragraph B.General Conditions under SECTION IV—BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy,provided that such failure to disclose all hazards is not intentional. However,you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V—DEFINITIONS is amended to add: "Personal effects"means personal property owned by the"insured". "Downtime loss"means actual loss of "business income"for the period of time that a covered"auto": 1. Is out of service for repair or replacement as a result of a covered physical damage"loss"and 2. Is in the custody of a repair facility if not a total"loss". "Business Income"means: 1. Net Income(Net Profit or Loss before income taxes)that would have been earned or incurred;and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices,Inc. Page 5 of 5 Used with permission This exclusion does not apply if we have been notified,in writing,of such professional incident giving rise to such damages, claims,or suits during the policy period of a policy previously issued by us to you. v. Your Product Based upon or arising out of your product. w. Warranties Based upon or arising out of express warranties or guarantees.This exclusion shall not apply if liability would have resulted in the absence of such express warranties or guarantees. x. Workers'Compensation And Similar laws Any obligation of the insured under a workers'compensation,disability benefits or unemployment compensation law or any similar law. SECTION II—WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual,you and your spouse are insureds,but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture,you are an insured.Your members,your partners,and their spouses are also insureds,but only with respect to the conduct of your business. c. A limited liability company,you are an insured.Your members are also insureds,but only with respect to the conduct of your business.Your managers are insureds,but only with respect to their duties as your managers. d. An organization other than a partnership,joint venture or limited liability company,you are an insured. Your executive officers and directors are insureds,but only with respect to their duties as your officers or directors.Your stockholders are also insureds,but only with respect to their liability as stockholders. e. A trust,you are an insured.Your trustees are also insureds,but only with respect to their duties as trustees. 2. Any subsidiary,associated,affiliated,allied or limited liability company or corporation,including subsidiaries thereof,of which you have more than 50%ownership interest at the effective date of the policy period qualify as a Named Insured. 3. Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company,and over which you maintain ownership or majority interest,will qualify as a Named Insured ifthere is no other similar insurance available to that organization.However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier; b. Coverage under this policy does not apply to bodily injury,property damage,environmental damage,emergency response expense,image restoration expenses,disinfection expenses,pre-claim event expenses,or any other injury or damage that occurred before you acquired or formed the organization; c. Coverage under this policy does not apply to personal and advertising injury or product withdrawal expenses arising out of an offense or product withdrawal committed before you acquired or formed the organization;and d. Coverage under this policy does not apply to damages arising out of any act,error or omission or professional incident that took place before you acquired or formed the organization. 4. Each of the following is also an insured: a. Your volunteer workers only while performing duties related to the conduct of your business,or your employees,other than either your executive officers(if you are an organization other than a partnership,joint venture or limited liability company) or your managers(if you are a limited liability company),but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.However,none of these employees or volunteer workers are insureds for: (1) Bodily injury or personal and advertising injury: (a) To you,to your partners or members(if you are a partnership or joint venture)or to your members(if you are a limited liability company); IE.COV.EPIC.001(05/23) Includes copyrighted material of Insurance Services Offices,Inc.with its permission. Page 29 of47 (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs(1)(a)immediately above;or (c) Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician,dentist,nurse,emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) Property damage,environmental damage,image restoration expenses or disinfection expenses to property owned, occupied or used by,rented to,in the care,custody or control of,or over which physical control is being exercised for any purpose by you,any of your employees,volunteer workers,any partner or member(if you are a partnership orjoint venture),or any member(if you are a limited liability company). b. Any person(other than your employee),or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only with respect to liability arising out of the maintenance or use of that property and until your legal representative has been appointed. d. Your legal representative if you die,but only with respect to duties as such.That representative will have all your rights and duties under this policy. e. Any person or organization,other than a third party carrier,you agree to include as an insured in a written contract,written agreement or permit, but only with respect to bodily injury,property damage,environmental damage,or personal and advertising injury caused,in whole or in part,by your operations,your work,equipment or premises leased or rented by you,or your products which are distributed or sold in the regular course of a vendor's business,however: (1) A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (b) Arising out of any express warranty unauthorized by you; (c) Arising out of any physical or chemical change in the product made intentionally by the vendor; (d) Arising out of repackaging,except when unpacked solely for the purpose of inspection,demonstration,testing,or the substitution of parts under instructions from you,and then repackaged in the original container; (e) Arising out of any failure to make inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Arising out of demonstration,installation servicing or repair operations,except such operations performed at the vendor's location in connection with the sale of the product;or (g) Arising out of products which,after distribution or sale by you,have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (2) A manager or lessor of premises leased or rented to you,a lessor of leased equipment,or a mortgagee,assignee, or receiver is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant;or (b) Arising out of structural alterations,new construction or demolition operations performed by or on behalf of the manager or lessor of premises,or mortgagee,assignee,or receiver. (3) The insurance afforded to such additional insured only applies to the extent permitted bylaw. (4) If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contractor agreement to provide for such additional insured. f. Any person or organization that has at least a 50%controlling interest in you but only with respect to bodily injury,property damage,environmental damage or personal and advertising injury arising solely out of their financial control of you. IE.COV.EPIC.001(05/23) Includes copyrighted material of Insurance Services Offices,Inc.with its permission. Page 30 of 47 counsel have errors and omissions insurance coverage.As respects any such counsel,the insured agrees that counsel will timely respond to our request for information regarding the claims or suit. Furthermore, the insured may at any time, by the insured's written consent, freely and fully waive these rights to select independent counsel. 15. Inspections and Surveys a. We have the right to: (1) Make inspections and surveys at anytime; (2) Give you reports on the conditions we find;and (3) Recommend changes. b. We are not obligated to make any inspections,surveys,reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged.We do not make safety inspections.We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public.And we do not warrant that conditions: (1) Are safe or healthful;or (2) Comply with laws,regulations,codes or standards. This applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections,surveys,reports or recommendations. 16. Legal Action Against Us No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a suit asking for damages from an insured;or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured;but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance.An agreed settlement means a settlement and release of liability signed by us,the insured and the claimant or the claimant's legal representative. 17. Multiple Coverage Sections No damage,claim or suit,or part thereof,for which coverage is provided or has been held to apply under one COVERAGE PART of this policy,will be afforded coverage by any other COVERAGE PART of this policy.This condition does not apply to any claim for medical expenses under COVERAGE PART II:MISCELLANEOUS COVERAGES-Coverage C:Medical Payments caused by bodily injury which is covered under COVERAGE PART I:Coverage A,B,C,D,E,F or G. 18. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under this policy,our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b.below applies.If this insurance is primary,our obligations are not affected unless any of the other insurance is also primary.Then,we will share with all that other insurance by the method described in Paragraph c.below.However,regardless of whether b.below applies,in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization you agreed to insure and such person or organization is an insured under this policy,we will not seek contributions from any such other insurance issued to such person or organization. b. Excesslnsurance (1) This insurance is excess over: (a) Any of the other insurance,whether primary,excess,contingent or on any other basis: (i) That is Fire,Extended Coverage,Builder's Risk,Installation Risk or similar coverage for your work; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; IE.COV.EPIC.001(05/23) Includes copyrighted material of Insurance Services Offices,Inc.with its permission. Page 37 of47 (III) That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner; (iv) If the loss arises out of the maintenance or use of aircraft, autos or watercraft to the extent not subject to Exclusion a. of COVERAGE PART I—Coverage A—General Bodily Injury And Property Damage Liability or Exclusion a.of COVERAGE PART IV—Professional Liability;or (v) That provides coverage for environmental or pollution liability to you or any person or organization qualifying as an insured under SECTION II—WHO IS AN INSURED,paragraphs 1.,4.a.,or 4.g. (b) Any other primary insurance available to you covering liability for damages arising out ofthe premises or operations, or the products and completed operations,for which you have been added as an additional insured. (c) Any project specific primary insurance available to you covering liability for damages arising out of your work,for which you are an insured (2) When this insurance is excess,we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit.If no other insurer defends,we will undertake to do so,but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any,that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; (b) The total of all deductible and self-insured amounts under all that other insurance;and (c) The deductible and self-insured amounts under this insurance. (4) We will share the remaining loss,if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. c. Method of Sharing If all of the other insurance permits contribution by equal shares,we will follow this method also.Under this approach each insurer contributes equal amounts,excess of applicable deductible and self-insured amounts under all such insurance,until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any of the other insurance does not permit contribution by equal shares,we will contribute by limits.Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 19. Premiums and Deductible The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; b. Will be the payee for any return premiums we pay;and c. Is responsible for the payment of all deductibles. 20. Representations By accepting this policy,you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us;and c. We have issued this policy in reliance upon your representations. 21. Separation of Insureds Except with respect to the Limits of Insurance,any insured versus insured exclusions,and any rights or duties specifically assigned in this policy to the first Named Insured,this insurance applies: 1. As if each Named Insured were the only Named Insured;and 2. Separately to each insured against whom claim is made or suit is brought. IE.COV.EPIC.001(05/23) Includes copyrighted material of Insurance Services Offices,Inc.with its permission. Page 38 of47 Signature: lf::�- r Signature: Terry Jun a (May 30,202413:36 PDT) Kent Parks(May 31,202413:35 PDT) Email: tjungman@kentwa.gov Email: parkscontracts@kentwa.gov Signature: hrl��4,w—� Melissa McCormick(Jun 4,2024 07:06 PDT) Email: cityclerk@kentwa.gov P P D-AS M-U plands-Cu Itu ral Resources Final Audit Report 2024-06-04 Created: 2024-05-30 By: KateLynn Jennings(kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAZLCRnB2pZWiHvZCEIBXHKyNYaOGOTdxI "PPD-ASM-Uplands-Cultural Resources" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2024-05-30-6:41:53 PM GMT Document emailed to Terry Jungman (tjungman@kentwa.gov) for signature 2024-05-30-6:43:04 PM GMT Email viewed by Terry Jungman (tjungman@kentwa.gov) 2024-05-30-8:34:19 PM GMT d4 Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date:2024-05-30-8:36:13 PM GMT-Time Source:server C'► Document emailed to Kent Parks (parkscontracts@kentwa.gov) for signature 2024-05-30-8:36:15 PM GMT Email viewed by Kent Parks (parkscontracts@kentwa.gov) 2024-05-31 -8:34:22 PM GMT dg Document e-signed by Kent Parks (parkscontracts@kentwa.gov) Signature Date:2024-05-31 -8:35:22 PM GMT-Time Source:server Icy Document emailed to diversen@asmaffiliates.com for signature 2024-05-31 -8:35:24 PM GMT Email viewed by diversen@asmaffiliates.com 2024-06-01 -4:59:07 PM GMT Signer diversen@asmaffiliates.com entered name at signing as Dave Iversen 2024-06-01 -5:00:30 PM GMT Document e-signed by Dave Iversen (diversen@asmaffiliates.com) Signature Date:2024-06-01 -5:00:32 PM GMT-Time Source:server Powered by Adobe ` ENT Acrobat Sign Document emailed to bjlevenhagen@kentwa.gov for signature 2024-06-01 -5:00:34 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2024-06-03-8:22:26 PM GMT Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2024-06-03-8:22:47 PM GMT Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2024-06-03-8:22:49 PM GMT-Time Source:server Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature 2024-06-03-8:22:52 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2024-06-03-8:36:12 PM GMT �p Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date:2024-06-03-8:36:20 PM GMT-Time Source:server Document emailed to cityclerk@kentwa.gov for signature 2024-06-03-8:36:22 PM GMT Email viewed by cityclerk@kentwa.gov 2024-06-04-1:57:01 PM GMT d4 Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2024-06-04-2:06:54 PM GMT Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date:2024-06-04-2:06:56 PM GMT-Time Source:server Q Agreement completed. 2024-06-04-2:06:56 PM GMT Powered by Adobe �� KENT Acrobat Sign