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HomeMy WebLinkAboutCAG2022-039 - Original - Broderick Architects, PLLC - Senior Activity Center Re-Roofing Project - 02/02/20221/28/22 OK to sign 1/28/2022, TW. CAG2022-039 1/28/221/28/22 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Broderick Architects, PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Broderick Architects, PLLC organized under the laws of the State of Washington, located and doing business at 55 South Atlantic Street, #301, Seattle, WA 98134, (206) 682-7525, Kevin J. Broderick (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 attached Exhibit A, incorporated herein, consultant shall provide an rchitectural esign ervices associated with the City of Kent Senior Activity Center Re-Roofing Project, located at 600 East Smith Street, Kent, WA. The scope of services includes conceptual design, construction documents and construction observation. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by December 31, 2022. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $31,500, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then the Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) G. Entire Agreement.The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / / / / / / / / / / / / / / / / / 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. CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) 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: By: _______________________________ Print Name: _________________________ Its: _______________________________ DATE: _____________________________ CITY OF KENT: By: _______________________________ Print Name: Dana Ralph ________________ Its: Mayor ___________________________ DATE: _____________________________ NOTICES TO BE SENT TO: CONSULTANT: Kevin J. Broderick Broderick Architects, PLLC 55 South Atlantic St., Suite 301 Seattle, WA 98134 (206) 682-7525 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Diana Lazouski City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5083 (telephone) (253) 856-6080 (facsimile) APPROVED AS TO FORM: _________________________________________ Kent Law Department ATTEST: _________________________________________ Kent City Clerk [In this field, you may enter the electronic filepath where the contract has been saved] 02/02/2022 EEO COMPLIANCE DOCUMENTS -1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, 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 questions 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 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. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By:__________________________________________________ For:_________________________________________________ Title:________________________________________________ Date:________________________________________________ EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity 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. 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 assume 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 - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ EXHIBIT A rr rBRODERICK ARCHITECTS January 20, 2022 Will Moore / Nathen Harper City of Kent Facilities 220 Fourth Avenue South, Kent WA 98032 RE: Kent: Senior Center Re -Roofing Project Dear Will and Nate, Broderick Architects is pleased to submit this proposal for Architectural Design Services associated with the Kent City Senior Activity Center Re -Roofing Project. Enclosed you will find: 1) Project Description 2) Proposed Scope of Services 3) Fee Schedule PROJECT DESCRIPTION The proposed project location is the City of Kent Senior Activity Center, 600 East Smith Street, Kent WA. The City of Kent is looking to remove the existing concrete tile roof from the City of Kent Senior Activity Center and replace it with either an architectural grade asphalt composition tile roof or a standing seam metal roofing material. The city is also evaluating placing a solar array onto the new roof. There are several flashing conditions at the fascia's, rakes and eaves that will need to be addressed. Broderick Architects will work with Wetherholt and Associates to develop the roof plan, details and specifications for the project. SCOPE OF SERVICES Phase One — Conceptual Design Scope of Services We recommend that the overall design services be broken into the following phases: Phase One — Investigation of the Existing Facility / Schematic Design 1. Review and verify as -built conditions based on the information provided by the Owners and our own on -site investigation. The fee assumes that the original construction documents will be available to us and are correct. 2. Develop a set of base drawings for the Senior Activity Center including: roof plan, building sections, details, and pertinent interior elevations to assist in describing the scope of work. 3. Coordinate with Wetherholt Associates, building envelope consultants, on developing site - specific waterproofing details and specifications. 4. Coordinate with the project team and attend regularly scheduled meetings. 5. Assist in establishing a budget for the estimated cost of construction. Phase Two — Construction Documents 1. Refine and develop approved roof plans, elevations, details and building sections. 2. Prepare construction documents necessary for the permitting and construction of the project. 3 Provide drawings for promotional presentations as requested. 4. Prepare documents for building permit application. 5. Submit the Construction Documents to the City of Kent Building Department. 6. Coordinate with the Building project team. 7. Assist in providing an estimated cost of construction. 8. Assist with the negotiations and/or bidding process with the general contractor. Phase Three — Construction Observation 1. Coordinate with the building department to keep the project moving and on track once submitted. 2. Coordinate with the City of Kent Facilities as required. 3. Provide periodic on -site observation to review the progress and quality of construction. 4. Attend weekly on -site coordination meetings (anticipate 6 meetings). 5. Provide timely responses to questions as they develop in the field. 6. Prepare construction memos, certifications of payment, certificate of substantial completion and final punchlist. Fee A. Basic Services We are very flexible in structuring the fee arrangement with your project to meet your preference and comfort level. I recommend that we move forward based on hourly rates with a mutual agreed -to understanding of the anticipated time required to complete each phase. The approximate breakdown by phase would be as follows: Architect Wetherholt Phase 1 — Investigation / Schematic Design $5,500 $4,500 Phase 2 — Construction Documents $6,000 $4,000 Phase 3 — Construction Observation $5,000 $6,500 $16,500 $15,000 FEE Broderick Architects hourly rates are as follows: Principal - at a rate of $150.00 per hour. Staff Architect - at a rate of $125.00 per hour. BIM Manager - at a rate of $110.00 per hour. Technical Level II - at a rate of $95.00 per hour. Technical Level III - at a rate of $85.00 per hour. In the event we do not need to spend the anticipated time to complete the scope of services you will only be invoiced for the hours actually spent on your project. B. To control our cost and keep our fees as competitive as possible we have made the following assumptions: 1. Broderick Architects will work directly with Will Moore / Nathen Harper, or another authorized project representative. 2. Broderick Architects is relying solely on the information provided by the Owner and a visual inspection of the site as a basis for performing the requested design services. Any unforeseen conditions encountered within the existing site conditions along with any owner -initiated revisions to the accepted design will be tracked and billed on an hourly basis. 3. All fees noted are exclusive of standard reimbursable expenses. These include all printing, plots, reproduction, telephone, travel expenses, special mailing expenses, etc. C. Consulting Services. 1. Given the scope of these projects we do not anticipate involving any engineers or consultants. D. Additional Architectural Services: Other services detailed below will be tracked and invoiced by hourly rates in addition to the fees outlined above. These activities are project specific and it is virtually impossible to accurately estimate the amount of time required. These include meetings, coordination and preparation for meetings with the local jurisdiction, required public meetings. Services not included in this proposal: 1. Soils test, Phase I and Phase II Environmental Reports, ALTA Survey, wetland delineations, traffic studies, permit fees, or special inspections. 2. Work resulting from owner -initiated revisions following acceptance of the design. 3. Detailed estimates of construction cost. Please keep in mind that the staff at Broderick Architects is very flexible and service oriented. You may decide you do not wish us to perform all of the recommended services listed above. We will gladly work with you to revise the fee based on your specific requirements. Will and Nate, we are prepared to proceed immediately with this project and are excited about the opportunity to continue to work with you. If the above meets with your approval, please execute, and return a copy of this agreement to my office. This will serve as our formal notice to proceed. Please call if you have any questions or require any additional information. Sincerely, Kevin J. Broderick, AIA ACCEPTED: City of Kent date EXHIBIT BINSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1.Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (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. 2.Commercial General Liability insurance shall be written on 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 or a substitute endorsement providing equivalent coverage. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4.Professional Liability insurance appropriate to the Consultant’s profession. If the Consultant elects to purchase Claims Made coverage, the Consultant is then obligated to purchase “tail” coverage for a minimum of 3 years beyond the expiration of such coverage last purchased. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: EXHIBIT B (Continued) 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2.Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3.Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1.The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2.The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the EXHIBIT B (Continued ) additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) The ACORD name and logo are registered marks of ACORD 12/15/2021 (406) 457-4552 25658 Broderick Architects, PLLC 55 South Atlantic Street, Suite 301 Seattle, WA 98134 A 2,000,000 X 6802S206118 6/8/2021 6/8/2022 10,000 2,000,000 4,000,000 4,000,000 1,000,000A 6802S206118 6/8/2021 6/8/2022 A 6802S206118 6/8/2021 6/8/2022 1,000,000 1,000,000 2,000,000 Certificate holder is listed as additional insured per blanket form attached City of Kent 400 West Gowe St. Kent, WA 98032 BRODARC-01 COSTHEIMER Helena OfficePayneWest Insurance, a Marsh McLennan Agency LLC Company P.O. Box 6127Helena, MT 59604 David Lyons dlyons@paynewest.com Travelers Indemnity Company X X X X X CNA SB146968B (Ed. 6-16) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. 'Bodily injury' or 'property damage'; or b. Offense that caused the 'personal and advertising injury'; for which the additional insured seeks coverage B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for 'bodily injury', 'property damage' or'personal and advertising injury' caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement; or c. 'Your work' that is specified in the written contract or written agreement, but only for 'bodily injury' or 'property damage' included in the 'products -completed operations hazard', and only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1 of 2 Copyright, CNA All Rights Reserved. 1. A SB146968B (Ed. 6-16) 4. The insurance provided to the additional insured does not apply to 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or 'suit' under this insurance; 2. Tender the defense and indemnity of any claim or 'suit' to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2. below: a. Tender the defense and indemnity of any claim or 'suit' to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit' from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any 'suit' if any other insurer has a duty to defend the additional insured against that 'suit' If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. 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; and (b) The total of all deductible and self -insured amounts under all that other insurance. 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 Coverage Part. E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or 'your work' done under a contract with that person or organization and included within the 'products -completed operations hazard.' All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright, CNA All Rights Reserved. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. N / A SUBR WVD ADDL INSD AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY (Mandatory in NH) LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB COMMERCIAL GENERAL LIABILITY CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD •^'STY! T"6 r o 0 0 r o N o N � co N a coo O OD � H N M z 00 N 4! a U p4 • U U —i M maaC)" M N gnaw � � N I (D U1 fo -1-3 d' U 4-j t-) U] M -r-I U U a dl (U 00 % U] 61 .(~i - U (0 0) X k r-{ r- i U U 4-) 4-) ri - rl 9 4-) �4 bA rd Ul 0 N O 0 Gn I � 1 L() CA f� 0 3 C4 a� x N � W (") O �l O .ri J-) Ob O > tno°�' F4 I �A 4 Q m o � Lo F! 13, +00 3 0 +� 1 4-j -P o iz: M 10 u N �4 CV �4 U rn O r� U 0 a a� r-, -r-I w N N O N N \ r4 (i1 H N N O N r-I rm N t-i +31 H 9 j� u 0I� M 0 IL LF, ti c m 0 z I Signature: &,V Ax1-9 Will Moore (Jan 25, 202213:09 PST) Email: wmoore@kentwa.gov Signature: L�- Email: rlashley@kentwa.gov Signature: Brian Leve en (Jan 26, 202213:49 PST) Email: bjlevenhagen@kentwa.gov FAC-Broderick-SC Re -Roofing Project - CONTRACT Final Audit Report 2022-01-26 Created: 2022-01-25 By: Diana lazouski (Dlazouski@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAA70hf21do0Nh091VP71eh4dZr2m0 v7sv "FAC-Broderick-SC Re -Roofing Project -CONTRACT" History Document created by Diana lazouski (Dlazouski@kentwa.gov) 2022-01-25 - 8:44:59 PM GMT- IP address: 146.129.252.126 Document emailed to Will Moore (wmoore@kentwa.gov) for signature 2022-01-25 - 8:49:45 PM GMT 51 Email viewed by Will Moore (wmoore@kentwa.gov) 2022-01-25 - 9:09:14 PM GMT- IP address: 146.129.252.126 A0 Document e-signed by Will Moore (wmoore@kentwa.gov) Signature Date: 2022-01-25 - 9:09:38 PM GMT - Time Source: server- IP address: 146.129.252.126 P+ Document emailed to Kevin Broderick (kevin@broderickarchitects.com) for signature 2022-01-25 - 9:09:40 PM GMT Email viewed by Kevin Broderick (kevin@broderickarchitects.com) 2022-01-25 - 9:10:03 PM GMT- IP address: 174.127.131.86 d� Document e-signed by Kevin Broderick (kevin@broderickarchitects.com) Signature Date: 2022-01-25 - 9:14:02 PM GMT - Time Source: server- IP address: 174.127.131.86 7-4 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-01-25 - 9:14:05 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-01-26 - 5:37:37 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-01-26 - 7:09:46 PM GMT - Time Source: server- IP address: 146.129.252.126 Adobe Sign Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2022-01-26 - 7:09:50 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2022-01-26 - 9:48:22 PM GMT- IP address: 146.129.252.126 E= Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2022-01-26 - 9:49:11 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-01-26 - 9:49:11 PM GMT a Adobe Sign