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CAG2022-412 - Original - Sazan Group, Inc. - Police Station Cooling Tower Replacement - 10/18/2022
10/17/22 CAG2022-412 10/18/22 10/18/22 10/18/ 2022 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and organized under the laws of the State of Washington, located and doing business at 600 Stewart Street, Suite 1400, Seattle, WA 98101, Shane Doig, 206-267-1700 (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, incorported herein, the consultant shall assist the City of Kent with replacement of cooling tower with equivalent capacity located in Mechanical Room 105. Removal and installation of the cooling tower shall be through an existing roof opening. Piping modification will be withing the Mechanical Room that includes condenser water system and make up water system. Cooling tower controls will connect to existing DDC system, and the sequence of operation will remain same. 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 12/31/2023. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $25,580.00, 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 SERVICES AGREEMENT - 2 (Over $20,000) Consultant voluntarily participates in this Program, the Consultant will be solely 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 r 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 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 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 the 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 disa 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 CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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 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 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 the 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 - 4 (Over $20,000) 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 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 The C , 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 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 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 - 6 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Shane Doig 600 Stewart Street, Suite 1400 Seattle, WA 98101 206-267-1700 (telephone) NA (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Will Moore City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5081 (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] 10/18/2022 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 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 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 willful 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 a 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: ________________________________________ July 13, 2022 Will Moore Facilities Superintendent City of Kent Facilities – Parks, Recreation and Community Center 400 West Gowe St. Kent, WA 98032 Project: Cooling Tower Replacement – Kent Police Station Subject: Professional Services Proposal Dear Will: Thank you for the opportunity to provide you with our proposal for the referenced project. We have developed the below project scope of work based on discussions, available project drawings, and a site visit. Let us know if you have any questions on the scope of work, and we look forward to working with you on this exciting project. PROJECT DESCRIPTION Project Owner City Of Kent Project Location 232 Fourth Avenue South, Kent, WA 98032 Building/Project Description Replacement of cooling tower with equivalent capacity located in Mechanical Room 105. Removal and installation of the cooling tower shall be through an existing roof opening. Piping modification will be withing the Mechanical Room that includes condenser water system and make up water system. Cooling tower controls will connect to existing DDC system, and the sequence of operation will remain same. CONSTRUCTION COSTS Based on our conversation/information we received, we have assumed the following preliminary estimate: A. Total Construction Cost: $106,000 INFORMATION SOURCE Proposal is based on the following correspondences: A. Email from Will Moore dated June 24, 2022. B. Preliminary drawings dated July 18, 1991. C. Site Visit conducted July 8, 2022 Page 2 Cooling Tower Replacement – Kent Police Station ASSUMPTIONS Based on information received, we understand that this project: A. Will have a single bid/construction packet. B. Will have three (3) document/construction phases. PROJECT SCHEDULE A. Design and Specifications: From August 2022 to October 2022 B. Construction: From January 2023 to June 2023 DESIGN SUBMITTALS 65% Percent Construction Documents Permit Final MEETINGS Meetings with design team, owner representative, and construction team during consultation for coordination. A. Up to 2 mechanical meetings. B. Up to 2 electrical meetings. C. Up to 2 owner meetings with Owner’s commissioning authority (If Cx is a non-Säzän entity). BASE SERVICES A.Mechanical Engineering Services 1. Heating, ventilation, and air conditioning 2. Building Controls coordination B.Electrical Engineering Services 1. Electrical utilities coordination 2. Building power distribution C.Optional Services 1. Fundamental commissioning services. ENGINEERING SERVICES DESCRIPTION Our scope of services is limited to the following. Services not included are Additional Services. A. Mechanical Engineering Services 1.Heating, Ventilation, and Air Conditioning Systems a. Cooling Tower replacement including piping and control modifications. b. State Energy Code calculations for building envelope and mechanical systems 2.Mechanical Demolition Page 3 Cooling Tower Replacement – Kent Police Station a. Demolition drawings will be provided in a schematic format only with demolition notes. Detail of all existing conditions will not be recorded beyond available existing drawings. b. We will observe visible existing conditions and note major demolitions items where existing drawings are not available. B. Electrical Engineering Services 1.Electrical Utilities Coordination a. We have assumed existing electrical service has adequate capacity and we have not assumed new service coordination with utility. 2.Building Power Distribution Design a. Connection of mechanical systems b. Connections to manufacturing equipment based upon loads provided by others. 3.Electrical Investigation a. Our assumption is record drawings are NOT available for this existing facility. We will review the existing electrical system to the extent visible. 4.Electrical Demolition a. Demolition drawings will be provided in a schematic format only with demolition notes. Detail of all existing conditions will not be recorded beyond available existing drawings. b. We will observe visible existing conditions and note major demolition items where existing drawings are not available. C. Commissioning Services 1.Fundamental Commissioning Services a. Prepare Commissioning specifications to incorporate in the construction documents - Divisions 01, 23, and 26. b. Commissioning tasks to be carried out by a Commissioning Authority independent of the project’s design and construction team within Säzän. c. Lead commissioning meeting as part of the commissioning process. d. Assist construction manager and contractors with interpreting and achieving intent of commissioning activities specified in the contract documents. e. Prepare a commissioning plan which includes startup, pre-functional and functional checklists, and procedures. f. Review contractor’s installation, equipment startup, and testing of systems performance in accordance with the Commissioning plan and the design intent. g. Prepare a final Commissioning report. h. Confirm factory testing and observe field testing of specified equipment. i. Submit issues/resolution log to the design and construction team. j. Systems to be Commissioned: The building systems identified to be commissioned as part of this proposal include: 1) HVAC equipment 2) Building automation and control systems CONSTRUCTION ADMINISTRATION: BIDDING AND NEGOTIATIONS Page 4 Cooling Tower Replacement – Kent Police Station A. Lead the pre-bid meeting with prospective bidders B. Answer questions during bidding phase. C. Review project costs, assist with contractor selection as required D. Issue addenda as may be required under the original design scope. E. Conduct project kick-off meeting with winning contractor F. Two reviews of the mechanical and electrical system submittals are included; additional reviews will be billed at out hourly rates with prior written approval. G. Answer RFIs, DCVRs, and construction questions. H. Lead Two (2) Construction coordination meetings with contractor and Owner I. Construction observation site visits: One (1) site visit during construction for mechanical. One (1) site visit during construction for electrical. One (1) final construction review site visit/punch list for mechanical systems. One (1) final construction review site visit/punch list for electrical systems. J. Issue of ASIs, change orders, plan revisions generated by others is not included. Additional fees will be submitted if required. K. Review of change order costs initiated by others will be billed hourly, on prior approval. L. Review Contractor pay applications. M. Preparation of construction record drawings from contractor’s field drawings. N. Assist with project closeout and contract administration. EXCLUSIONS AND CLARIFICATIONS A. We will provide a cost opinion only. B. Life cycle cost analysis for alternate mechanical/electrical systems are not included. C. Structural calculations for the seismic restraint of mechanical and electrical equipment are not included. D. Cost reduction requiring redesign after approved systems have been designed is not included. E. Change order issues, ASIs, and revisions requiring redesign and additional design are not included. F. Fee assumes that the existing system is adequate to serve the project area. FEE Lump Sum Project Phase Mechanical Engineering Electrical Engineering Phase Totals 65% CD $2,947 $1,117 $4,064 Permit $4,325 $1,475 $5,800 Final $1,371 $399 $1,770 CA $8,048 $998 $9,046 Total $20,680 Optional Scope Commissioning $4,400 $4,400 Total W/Option $25,080 Reimbursables: $500 Total Fee:$25,580 Page 5 Cooling Tower Replacement – Kent Police Station STANDARD REIMBURSABLE EXPENSES Standard reimbursable expenses include, but are not limited to: check plots, final plots, copies, phone calls, mileage to jobsite, parking, shipping, messenger services, electronic transmittal of drawings to contractors to develop shop drawings. Fixed Fee: $500. Project reimbursable costs ARE included in the fees above. We will bill fees and reimbursable expenses monthly as services are performed. Payment is due within 60 days of receipt of invoice. Finance charges may be added after that time at a rate of 1.5 percent per month (annual rate of 18 percent). Finance charges will be applied to delayed payments resulting from lack of project funding. This proposal is valid for 90 days from the date first written above. Säzän Group, Inc. reserves the right to modify or update this proposal after that date. Thank you for the opportunity to assist you in the replacement of the cooling tower at the City of Kent Police Station. We are looking forward to working with you on this endeavor and supporting your success. If you have any questions, please contact this me. Sincerely, Säzän Group, Inc. Shane Doig Commissioning Manager EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 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. The City shall be named as an insured under the Consultant 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.coverage as required by the Industrial Insurance laws of the State of Washington. 4.Professional Liability insurance appropriate to the B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1.Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued ) 2.Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3.Professional Liability insurance shall be written with limits no less than 1,000,000 per claim. 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 Consultant respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant insurance and shall not contribute with it. 2.The Consultant 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 Consultant 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 Consultant lity 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 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. EXHIBIT B (Continued ) F. Subcontractors Consultant 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 Consultant. 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 Named Insured: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack®FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT 1. C. WHO IS AN INSURED a. b. c. 2. a. b. c. D. Liability And Medical Expenses Limits of Insurance 3.SECTION III H.2. Other Insurance – COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II – LIABILITY) a. b. 4.SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us – COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II – LIABILITY) ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Policy Number: RLI Insurance Company Named Insured: PPA 300WA 03 13 Page 1 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage Loss Of Use L. Hired Car Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition Railroad Easement Q. Coverage Extensions Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300WA 03 13 Page 2 of 5 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the bodily injury or property damage occurs is an insured for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an insured under the Who Is An Insured provision contained in SECTION II COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insureds own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the bodily injury or property damage occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any accident or loss, provided that the accident or loss arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2.Changes In General Conditions: Paragraph 5.b.of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (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". F. Fellow Employee Coverage SECTION II COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in-force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: PPA 300WA 03 13 Page 3 of 5 1. The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the loss; b.Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. c. Security deposits not returned by the lessor; d.Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. H. Glass Repair Waiver Of Deductible SECTION III PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: No deductible for a covered auto will apply to glass damage if the glass is repaired rather than replaced. I. Personal Effects Coverage The following is added to SECTION III PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: c. Personal Effects Coverage In the event of a total theft loss of your covered auto we will pay up to $400 for loss to wearing apparel and other personal effects which are: (1)Owned by an insured; and (2)In or on your covered auto; No deductible applies to Personal Effects Coverage. J. Hired Auto Physical Damage Coverage The following is added to SECTION III PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: d. Hired Auto Physical Damage Coverage If hired autos are covered autos for Liability Coverage and this policy also provides Physical Damage Coverage for an owned auto, then the Physical Damage Coverage is extended to autos that you hire, rent or borrow subject to the following: (1)The most we will pay for loss in any one accident to a hired, rented or borrowed auto is the lesser of: (a)$60,000 (b) The actual cash value of the damaged or stolen property as of the time of the loss; or (c)The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2)An adjustment for depreciation and physical condition will be made in the event of a total loss. (3)We may deduct for betterment for parts normally subject to repair and replacement during the useful life of the auto. In this event, deductions shall be limited to the lesser of: (a) An amount equal to the proportion that the expired life of the part to be repaired or replaced bears to the normal useful life of the part; or (b) The amount which the resale value of the auto is increased from the repair or replacement. (4)A deductible equal to the highest Physical Damage deductible applicable to any owned auto will apply. (5)This Coverage Extension will not apply to: (a)Any auto that is hired, rented or borrowed with a driver; or (b) Any auto that is hired, rented or borrowed from your employee. K. Hired Auto Physical Damage Loss Of Use The following is added to SECTION II COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage Extensions: e. We will pay sums which you legally must pay to the lessor of a covered auto which you have leased without a driver for thirty (30) days or less for the lessors loss of use of the covered auto, provided: (1)This insurance provides comprehensive, specified causes of loss or collision covered on the covered auto; (2)The loss of use results from the covered auto being damaged in an accident while you are leasing it. We will pay up to a maximum limit of $1,500 for this covered extension. L. Hired Car Worldwide Coverage The following is added to SECTION II COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage Extensions: PPA 300WA 03 13 Page 4 of 5 f. Hired Car Worldwide Coverage (1)We will pay all sums an insured legally must pay as damages because of bodily injury or property damage to which this insurance applies, caused by an accident which occurs outside of the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada resulting from the maintenance, or use of any covered auto of the private passenger type you lease, hire, rent or borrow without a driver for thirty (30) days or less. (2)With respect to any claim made or suit instituted outside the United States of America, the territories and possessions of the United States of America, Puerto Rico, and Canada: (a)You shall undertake the investigation, settlement and defense of such claims and suits and keep us advised of all proceedings and actions. (b) You will not make any settlement without our consent. (c)We will reimburse you: (i)For the amount of damages be- cause of liability imposed upon you by law on account of bodily injury or property damage to which this insurance applies, and (ii)For all reasonable expenses incur- red with our consent in connection with the investigation, settlement or defense of such claims or suits. Reimbursement for expenses will be part of the Limit of Insurance for liability coverage shown in the Busi- ness Auto Coverage Declarations, and not in addition to such limits. (3)The limit of Insurance for Liability Coverage shown in the Business Auto Coverage Declarations is the most we will reimburse you for the sum of all damages imposed on you, as set forth in paragraph 2.c. above, and all expenses incurred by you arising out of any single accident or loss. (4)You must maintain the greater of the following primary auto liability insurance limits: (a)Compulsory admitted insurance with limits required to be in force to satisfy the legal requirements of the jurisdiction where the accident occurs; or (b) Insurance limits required by law and issued by a government entity or by an insurer licensed or permitted by law to do business in the jurisdiction where the accident occurs; or (c)Auto liability insurance limits of at least $300,000 combined single limit or $100,000 per person/$300,000 per acci- dent Bodily Injury, $100,000 Property Damage. If you fail to comply with the above, this insurance is not invalidated. However, in the event of a loss, we will pay only to the extent that we would have been liable had you so complied. (5)The insurance provided by this coverage extension is excess over any other collectible insurance available to you whether on a primary, excess contingent or any other basis. M. Temporary Transportation Expenses SECTION III PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced by the following: a. Transportation Expenses (1)We will pay up to a maximum of $1,500 for temporary transportation expense incurred by you because of Physical Damage to a coverage auto. (2) We will pay only for those covered autos for which you carry Comprehensive, Collision or Specified Case of Loss Coverage. (3) We will pay only for those expenses incurred by you during the period of time that begins twenty-four (24) hours after the covered loss and ends at the time when the covered auto can be reasonable repaired or replaced. (4) This coverage does not apply while there are spare or reserve autos available to you for your operations. N. Amended Bodily Injury Definition Mental Anguish The following is added to SECTION V DEFINITIONS, Definition C.: Bodily injury also includes mental anguish, but only when the mental anguish arises from other bodily injury, sickness or disease. PPA 300WA 03 13 Page 5 of 5 O. Airbag Coverage The following is added to SECTION III PHYSICAL DAMAGE COVERAGE B. Exclusions 3.a.: However, this exclusion will not apply to accidental discharge of an airbag due to mechanical or electrical breakdown. P. Amended Insured Contract Definition Railroad Easement SECTION V DEFINITIONS paragraph H. Insured contact is modified as follows: 1.Paragraph H.3. is replaced by the following: 3.Any easement or license agreement. 2.Paragraph H.6.a. is deleted. Q. Coverage Extensions Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound SECTION III PHYSICAL DAMAGE COVERAGE B. Exclusions, exception paragraph a. to exclusion 4.c. and 4.d. is deleted and replaced with the following: a.Equipment and accessories used with such equipment, except for tapes, records, discs or other electronic media device, provided such equipment is permanently installed in the covered auto at the time of the loss or is removable from the housing unit which is permanently installed in the covered auto at the time of the loss, and such equipment is designed to be solely operated by use of the power from the autos electrical system, in or upon the covered autos; or R. Notice Of An Knowledge Of Occurrence SECTION IV BUSINESS AUTO CONDITIONS, A.2. Duties In The Event Of Accident, Claim Suit Or Loss, subparagraph a. is deleted and replaced with the following: a.In the event of accident, claim, suit or loss, you must give us or our authorized representative prompt notice of the accident or loss including: (1) How, when and where the accident or loss occurred; (2) The insureds name and address; and (3) To the extent possible, the names and addresses of any injured person and witnesses. Your duty to give us or our authorized representative prompt notice of the accident or loss applies only when the accident or loss is known to: (1)You, if you are an individual; (2)A partner if you are a partnership; or (3)An executive officer or insurance manager, if you are a corporation. S. Unintentional Errors Or Omissions SECTION IV BUSINESS AUTO CONDITIONS, B. General Conditions; 2. Concealment Misrepre- sentation Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this pro- vision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. T. Towing Coverage SECTION III PHYSICAL DAMAGE COVERAGE, A.2. Towing, is deleted and replaced by the following: 2.We will pay up to $750 for towing and labor costs incurred each time a covered auto is disabled due to a covered cause of loss. However: a.All labor must be performed at the place of disablement; and b.If the covered auto is a private passenger type no deductible applies; and c.If the covered auto is not of the private passenger type our obligation to pay will be reduced by a $250 deductible per disablement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS EXCESS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. General Aggregate Limit – Per Project Or Per Location B. Additional Insured – Primary/Non-contributory C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us A. General Aggregate Limit – Per Project Or Per Location 2.a.C. Limits of Liability SECTION I – INSURING AGREEMENT a. (1) (2)underlying insurance (1) (2) (3) B. Additional Insured – Primary/Non-contributory K. Other Insurance SECTION IV – CONDITIONS K. Other Insurance underlying insurance C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us L. Subrogation SECTION IV – CONDITIONS L. Subrogation underlying insurance ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. FAC-Sazan- Cooling Tower Replacement Final Audit Report 2022-10-13 Created: 2022-10-06 By: Leah Bryant (Ibryant@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAaKegOVJcPmwQTtOAjGdxldlPZst_EhDV "FAC-Sazan- Cooling Tower Replacement" History Document created by Leah Bryant (Ibryant@kentwa.gov) 2022-10-06 - 9:18:54 PM GMT Document emailed to wmoore@kentwa.gov for signature 2022-10-06 - 9:21:27 PM GMT Email viewed by wmoore@kentwa.gov 2022-10-07 - 2:35:12 PM GMT Signer wmoore@kentwa.gov entered name at signing as Will Moore 2022-10-07 - 2:36:51 PM GMT ca Document e-signed by Will Moore (wmoore@kentwa.gov) Signature Date: 2022-10-07 - 2:36:52 PM GMT - Time Source: server Document emailed to sdoig@sazan.com for signature 2022-10-07 - 2:36:55 PM GMT 3 Email viewed by sdoig@sazan.com 2022-10-07 - 7:14:50 PM GMT Signer sdoig@sazan.com entered name at signing as Shane Doig 2022-10-07 - 7:16:46 PM GMT Document e-signed by Shane Doig (sdoig@sazan.com) Signature Date: 2022-10-07 - 7:16:47 PM GMT - Time Source: server Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-10-07 - 7:16:49 PM GMT .; Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-10-10 - 11:49:01 PM GMT Powered by r � Adobe T Acrobat Sign E= Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-10-11 - 9:51:54 PM GMT - Time Source: server Document emailed to bjlevenhagen@kentwa.gov for signature 2022-10-11 - 9:51:57 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2022-10-13 - 1:00:08 AM GMT E= Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2022-10-13 - 1:00:41 AM GMT E= Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2022-10-13 - 1:00:43 AM GMT - Time Source: server Agreement completed. 2022-10-13 - 1:00:43 AM GMT Powered by r � Adobe T Acrobat Sign