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CAG2023-154 - Original - Wagner Architects and Planners - Kent East Hill Operations Center (KEHOC) Design - 03/14/2023
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr:wU Agreement Routing Form DirAsst: leL • For Approvals,Signatures and Records Management Dir/Dep:BL BL KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Leah Bryant Parks, Recreation & Community Services Date Sent: Date Required: > 03/03/2023 ASAP 0 Q Authorized to Sign: Date of Council Approval: Q Mayor or Designee 2/22/2023 Budget Account Number: - Grant? Yes NOW] F20098.64120.9419 Budget?W]Yes EINo Type: N/A Vendor Name: Category: Wagner Architects and Planners Contract Vendor Number: NEW Sub-Category: c 133950 Original Kent East Hill Operations Center KEHOC Desi n Project Name: p � � g 3- Project Details: As described in attached Exhibit A, incorporated herein, consultant shall provide design, 0- permitting, bidding and construction phase services in the development of a new building C and associated site work at the Kent East Hill Operations Center(KEHOC). *, These services are contingent upon the notices to proceed listed in Exhibit A. C Basis for Selection of Contractor: � Agreement Amount 2 462,014.0 Direct Negotiation E ' *Memo to Mayor must be i Start Date: ASAP Termination Date: 12/31/2026 Q Local Business? Yes Who*If meets requirements per KCC3.70.100,please complete"VendorPurchose-Local Exceptions"form onCityspace. Business License Verification: W1 Yes In-ProcessD Exempt(KCC 5.01.045) W1 Authorized Signer Verified Notice required prior to disclosure? Contract Number: E]YesW1No CAG2023-154 Comments: Attn. Christina Schuck a� c c 3 Vf 0 3 � a, a, cc Date Received:City Attorney: 3/14/23 (Date Routed:Mayor's Office 3/14/23 City Clerk's Office 3/14/23 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Wagner Architects and Planners THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Wagner Architects and Planners organized under the laws of the State of Washington, located and doing business at 1916 Pike Place, Seattle, WA 98101, 206-448-2528 (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 design, permitting, bidding and construction phase services in the development of a new building and associated site work at the Kent East Hill Operations Center (KEHOC). These services are contingent upon the notices to proceed listed in Exhibit A. 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 12/31/2026. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $2,462,014.00, 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 voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: Ra'Ltt WDa By:Robert Wagner(Mar" ,2023 09:06 PST) By�L Print Name: Robert Wagner Print Name: Dana Ralph Its Principal Its Mayor DATE: M a r 6, 2023 DATE: 03/14/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Robert Wagner Will Moore Wagner Architects and Planners City of Kent 1916 Pike Place 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 206-448-2528 (telephone) (253) 856-5084 (telephone) rw@wagnerarchitects.com (email) wmoore@kentwa.gov (email) APPROVED AS TO FORM: Kent Law Department ATTEST: 6WT� Kent City Clerk [In this field,you may enter the electronic filepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. Rabeft-YVWlar By:Robert Wagner(Ma ,202309:06 PST) For: Wagner Architects Title: principal Date: Mar 6,2023 EEO COMPLIANCE DOCUMENTS - 4 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES Julie Parascondola, Director KEN T 220 4th Avenue South WASHINGTON Kent, WA 98032 Fax: 253-856-6050 PHONE: 253-856-5100 Memo To: Dana Ralph, Mayor From: Julie Parascondola, Director CC: Brian Levenhagen, Dep. Director Date: February 28, 2023 Re: Request for Waiver of Bidding Requirements Pursuant to KCC 3.70.110 for entering into a Consultant Services Contract with Wagner Architects and Planners. The Parks, Recreation, and Community Services (PRCS), Facilities Division, requests an exception to the competitive bidding requirements under KCC 3.70.110 (A)(3) to enter into a Consultant Services Contract with Wagner Architects and Planners to provide design, permitting, bidding and construction administration services in the development of a new building and associated site work at the Kent East Hill Operations Center (KEHOC). Wagner was selected as the original consultant and architect for the KEHOC project back in the early 2000's. KEHOC is, and always has been, a multiphase project. When Wagner first came on board, they developed a comprehensive master plan for the site which included multiple buildings including an Administration Building, Warehouse Building, Fleet Building and other out-buildings for the Operations Center. After being on hold for over a decade, the project is now ready to resume but requires updates to the original plans. Utilities on site have been installed per the original Wagner plans and the current phase of the project utilizes much of the design work already put into the project by Wagner. Fortunately, much of the original team, including mechanical, plumbing, and electrical engineers, who worked on the project are still in place, allowing the team to quickly make necessary modifications to the original plans to move forward. For these reasons, the efficiencies, knowledge, and costs savings created by hiring Wagner Architects and Planners can't be realized by hiring any other consultant firm. KCC 3.70.110(A)(3) allows the Mayor to waive the bidding requirements when it is not practical or in the City's best interest to competitively bid for services needed and, in this scenario, both apply. I believe it is in the City's best interest to directly negotiate a contract with Wagner Architects and Planners and request that you authorize the waiver of the competitive bidding requirements. Thank you for your consideration. APPROVED: 03/03/2023 Mayor Dana Ralph Date Exhibit A WAGNER ARCHITECTS • • PLANNERS 1916 PIKE PLACE February 9, 2023 SFATTLF WA 98101 2 0 6 4 4 8 - 2 5 2 8 Will Moore, Facilities Superintendent F A X 4 4 1 • 6 1 8 4 woc�nera rchilects.com Facilities I Parks, Recreation and Community Services 400 West Gowe St., Kent, WA 98032 Subject: Proposal for Consultant Services: New Facilities at KEHOC This letter outlines a proposed scope of work for design, permitting, bidding and construction phase services in the development of a new building and associated site work atthe Kent East Hill Operations Center(KEHOC). It includes all consultant work necessary thru the end of construction. Work will be authorized in writing in the following manner: A first Notice to Proceed will be issued for the work necessary to submit for a building permit application before the end of June 2023 to allow vesting to the current codes. Between February and June,a second Notice to Proceed will be issued for the remaining Design and Construction Administration services. BACKGROUND AND UNDERSTANDING OF THE WORK Wagnerworked with the City several years ago to prepare a Master Plan for the development of the Kent East Hill Operations Center (KEHOC) to accommodate Public Works and Parks maintenance operations. The plan included several buildings and a water reservoir. The reservoir was constructed and is now operational. The City rough graded the site and installed underground utilities to most building sites located in the master plan. None of the buildings were constructed. Wagner has worked with the City overthe last several months to prepare a development concept for one of the buildings in the Master Plan. The use and configuration of the building has changed but the location and footprint has not. The development concept accommodates Public Works, Parks, and Police needs. In addition to construction of the building, site work is necessary for operations and to meet obligations from an approved Conditional Use Permit which allowed the original development. PUBLIC WORKS Public Works did the original civil engineering site design and were responsible for construction of the site work which has already been accomplished. Public Works will be responsible for the design and construction of the frontage improvements along each adjacent road and for the access drives into the site. Public Works will be responsible for all storm water related permits. Public Workswill be responsible for meeting the conditions of the original Conditional Use Permit WAGNER ARCHITECTS AND PLANNERS Page 1 of 5 CITY OF KENT February 9 Proposal for Consultant Services for KEHOC The cost of the work provided by Public Works is assumed to be part of the total limit on available funds. The building permit documents prepared by Wagner may have to include the public works development to show total proposed construction on the site. Public Works will provide to Wagner any documents necessary for a complete building permit application. SCHEDULE AND PERMITTING The schedule is determined bythe goal of submitting a permit application which can be accepted as complete by June 30. Building codes change on July 1 and that will impact design requirements. Not all standards in the new codes have been published and a change in requirements could mean changes to design work already complete. We understand the proposed change to the energy code would not allow simple space heaters in shops and open storage space. Thiswould have a significant scheduleand cost impact on both the final build out and the temporary use of the shelled space. Permit documentsforthe complete buildout of the interiorof the building may not be complete by June 30. The permit application will show all site work and the entire metal building. The permit will show simple space heaters in those rooms which will not be changed with more detailed design. After the permit drawings are submitted, the permit application will be amended to include complete finishing and build out of the areas not so shown in the initial application. DEVELOPMENT WITHIN THIS SCOPE OF WORK The building will be constructed as a "manufactured" metal building. The metal building will be publicly bid as a separate, early contract. The work in this early contract will include: The structural framing of the building frame and of second floor spaces The exterior siding and roofing The building insulation Erection A second contract will be publicly bid for the site work and the rest of the building. This will include: Power to the site A pathway for data to the site from 248' Underground utilities Foundations and slab on grade Under-slab power and utilities Topping slab on second floor steel deck Power and data outlets Lighting. All HVAC systems WAGNER ARCHITECTS AND PLANNERS Page 2 of 5 CITY OF KENT February 9 Proposal for Consultant Services for KEHOC Exterior windows and doors. All plumbing The metal building contract will be assigned to the general contractor. The second floor will be designed to be structurally independent of the metal building. This second floor is now envisioned to be provided bythe metal building vendor, but the economy of making this part of the general contractor's scope will be reviewed. TASKS WITHIN THIS SCOPE OF WORK A. DESIGN 1. METAL BUILDING Prepare Drawings necessary for Bidding of Exterior Construction Prepare Drawings as necessary for 2nd floor space as a Bid Alternate Prepare Project Manual for Bidding Front end with City Standard Sections, Divisions 0 and 1 Technical Specifications Prepare Advertisement Hold Pre-Bid Conference Review Bids and Recommend Award This work will be streamlined with one review submission to City. 2. GENERAL CONTRACT The normal steps in design will be streamlined to 2 reviews in order to meet the June deadline for permit application. Coordinate work with work to be provided by City Prepare First Phase Construction drawing of Site and Building Level of detail for submission one to be approximately 75% Level of detail for submission two to be approximately 95% and ready for permit. Provide estimate of development costs with each submission. Prepare Drawings necessary for Bidding of Drawings approved on February 4. Prepare Drawings as necessary for 2nd floor space as a Bid Alternate Prepare Project Manual for Bidding Front end with City Standard Sections, Divisions 1 and 2 Technical Specifications Prepare Advertisement Hold Pre-Bid Conference Review Bids and Recommend Award WAGNER ARCHITECTS AND PLANNERS Page 3 of 5 CITY OF KENT February 9 Proposal for Consultant Services for KEHOC B. CONDITIONAL USE PERMIT Prepare materials as necessary for Mini CUP PROPOSED CONSULTANT TEAM We propose using the consultant team which designed the buildings in 2009, to maintain continuity and to minimize learning curves and redundant work. Frank Co, Structural Engineers, Liz Fekete Mike MacDonald, Metal Building Advisor Tres West Mechanical and Electrical Engineers, David Moore, Mechanical Engineer Sean Roy, Electrical Engineer Coughlin Porter Lundeen, Civil Engineers, Keith Kruger RLB, Cost Estimators, Kevin Mitchell The City did the original civil engineering and intended to do the landscape design. We understand we are now to include that work in this contract. We propose firms we are working with on other projects and who are experienced in working in Kent. Coughlin Porter Lundeen (CPQ Civil Engineers, Keith Kruger The Berger Partnership, Landscape Architects DETAILED SCOPE OF WORK Two steps in the design process are complete to the level of detail necessary for this Phase One development. Task One: Start Up We have defined operational requirements, budget and schedule goals. In Phase Two we will further define the operational needs of each room in the project. Task Two: Schematic Design Floor plans, elevations, and site plans have been designed and approved. Task Three: Design Development ThisTaskwill confirm that all building systems work together as intended. Final dimensions will be confirmed. Significant details will be worked out. Important building components will be identified. It is important that the work be coordinated with work to be provided by the City. Deliverables: Drawings will be detailed and dimensioned. Significant details will be shown. An Outline Specification will include all development components. The design will be reviewed for compliance with all City standards The cost estimate will be refined. The overall schedule will be confirmed. WAGNER ARCHITECTS AND PLANNERS Page 4 of 5 CITY OF KENT February 9 Proposal for Consultant Services for KEHOC Task Four: Permitting and Construction Documents for Metal Building The bidding documents forthe metal building will be prepared. This work may be completed prior to the completion of Task Three. Task Five: Permitting and Construction Documents for All Other Work in Project This Task is to prepare final documents for permits and bidding. It is best to have one set of documents which is the approved permit set and the bidding drawings, but this is not always the case. The complete bidding documents will include written specifications which are not normally attached to the permit. During the bidding process,the documents will be amended to include answers to questions from the bidders. Sometimes these clarifications require amendments to the permit, often not. Deliverables: Final complete drawings and specifications. Completed calculations to support all design components. The cost estimate will be refined. Task Six: Permits Wagner will procure all necessary building permits, except those provided by Public Works. (Permit fees are included in the capital costs.) Task Seven: Bidding the Metal Building Wagner will workwith the City to prepare the final bidding documents and advertisement for contractors to bid the work. Wagner will then answer questions and prepare clarifications to amend the bidding documents to address questions Task Eight: Bidding the Rest of the Work Wagnerwill workwith the Cityto prepare the final bidding documents and advertisement for contractors to bid the work. Wagnerwill then answer questions and prepare clarifications to amend the bidding documents to address questions. Task Nine: Construction Phase Services Wagner will provide construction phase services to include: Pre-construction meeting Assignment of metal building contract to general contractor Construction meetings every other week via TEAMS Responses to Requests for Information Submittal Reviews Approval of Pay Requests On-site Review of work in progress once a month Punch lists Recommendation of Acceptance. WAGNER ARCHITECTS AND PLANNERS Page 5 of 5 CITY OF KENT February 9 Proposal for Consultant Services for KEHOC PROPOSED FEES Our proposed fees are detailed in the attached spreadsheet. WAGNER ARCHITECTS AND PLANNERS Page 6 of 5 CITY OF KENT February 9 Proposal for Consultant Services for KEHOC Kent: New Operations Center February 9, 2023 1 Detailed Design thru Bidding $ 1,646,168 A Metal Building $ 69,080 B Building Buildout and Site $ 1,577,088 C Fuel Island Alternate $ D Premium for 2 permit sets allowance 80 hours $ 16,000 2 Construction Management $ 320,320 3 Minor Conditional Use Permit $ 53,190 4 Lot Line Adjustment by city 5 Development Engineering Application allowance 80 hours $ 16,000 and any other permit issues $ 2,051,678 contingency 20% $ 410,336 $ 2,462,014 1. Detailed Design thru Bidding A Metal Building $ 69,080 B Building Buildout and Site $ 1,241,768 C Fuel Island Alternate $ - without cup without cup without cup without cup without cup unbilled time 300 600 600 600 $ 1,310,848 $ 60,000 $105,000 $ 78,000 $78,000 2. Construction Phase $ 320,320 Total fees $ 1,631,168 $ 1,646,168 RATES IN SPREADSHEET BELOW $ 1,631,168 $ 1,146,830 $ WAGNER SOMERS SCARMARDO RIETHMILLER PURNAPUSPITA time unbilled thru feb 6 $ 15,000 $ 200 $ 175 $ 175 $ 130 $ 130 TOTAL SUBS WAGNER WAGNER SOMERS SCARMARDO RIETHMILLER PURNAPUSPITA design time $ 1,631,168 $ 1,146,830 $ 484,338 1 198 6 370 276 42 40 40 40 40 1. Detailed Design thru Bidding 4.95 weeks full time 0.15 weeks full time 9.25 weeks full time 6.9 weeks full time avail weeks march april may june WAGNER SOMERS SCARMARDO RIETHMILLER I PURNAPUSPITA 16 5 4 5 2 A METAL BUILDING $ 69,080 $ 20,020 $ 49,060 72 $ 14,400.001 6 $ 1,050.00 146 $ 25,550.001 20 $ 2,600.001 42 $ 5,460.00 40 640 SD DID CD Drawings Is 18,160 18 $ 3,600.00 0 $ - 1 52 $ 9,100.00 0 $ - 1 42 $ 5,460.00 Metal Building Cover Sheet $ 900 1 $ 200 0 $ - 4 $ 700 0 $ - 0 $ - Metal Building Abbreviations $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Metal Building Occ/Code Summary $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Metal Building Life Safety Plan $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Metal Building Site Plan $ 900 1 $ 200 0 $ - 4 $ 700 0 $ - 0 $ - Metal Building Slab Plan $ 660 2 $ 400 0 $ - 0 $ - 0 $ - 2 $ 260 Metal Building First Floor $ 1,620 2 $ 400 0 $ - 4 $ 700 0 $ - 4 $ 520 Metal Building Second Floor $ 1,620 2 $ 400 0 $ - 4 $ 700 0 $ - 4 $ 520 Metal Building Roof $ 2,140 2 $ 400 0 $ - 4 $ 700 0 $ - 8 $ 1,040 Metal Building Elevations $ 2,840 2 $ 400 0 $ - 8 $ 1,400 0 $ - 8 $ 1,040 Metal Building Building Sections $ 2,320 2 $ 400 0 $ - 8 $ 1,400 0 $ - 4 $ 520 Metal Building Building Sections $ 2,320 2 $ 400 0 $ - 8 $ 1,400 0 $ - 4 $ 520 Metal Building Details $ 2,840 2 $ 400 0 $ - 8 $ 1,400 0 $ - 8 $ 1,040 Specifications $ 8,800 16 $ 3,200 0 $ 32 $ 5,600 0 $ 0 $ Div 0&1 $ 3,800 12 $ 2,400 0 $ - 8 $ 1,400 0 $ - 0 $ - Tech Sections $ 5,000 4 $ 800 0 $ - 24 $ 4,200 0 $ - 0 $ - Section 13 00 00 $ - $ - $ - $ - $ - $ - Cost Estimate $ 0 $ 0 $ 0 $ 0 $ 0 $ Management of Subs $ 5,150 10 $ 2,000 0 $ 1 18 $ 3,150 0 $ I0 $ Subs: MacDonald $= 6,200 $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - $ - $ - $ - 0 $ - $ - $ - $ - TresWestMechanical $ - $ 1,100 2 $ 400 0 $ - 4 $ 700 0 $ - 0 $ - TresWestElectrical $ - $ 1,100 2 $ 400 0 $ - 4 $ 700 $ - $ - Geotech $ - $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $Frank Co $ 12,000 $ 1,800 2 $ 400 0 $ - 8 $ 1,400 0 $ - 0 $ - Estimator $ $ 400 2 $ 400 0 $ - 0 $ - 0 $ - 0 $ - Sub Total: $ 18,200 Markup: 10% $ 1,820 Grand Total: $ 20,020 Management with City of Kent I $ 3,900 16 $ 3,200 0 $ 1 4 $ 700 0 $ I0 $ Permitting with building but time here 1 $ 6,200 4 $ 800 0 $ - 16 $ 2,800 20 $ 2,600 0 $ - Bidding I $ 1,800 2 $ 400 0 $ 1 8 $ 1,400 0 $ 0 $ - Award I $ 2,150 2 $ 400 2 $ 350 8 $ 1,400 0 $ I0 $ - 0 $ Fabrication and Construction Support I $ 2,900 4 $ 800 1 4 $ 700 8 $ 1,400 0 $ 1 0 $ - B GENERAL CONSTRUCTION CONTRACT $ 1,241,768 $ 806,490 $ 435,278 WAGNER I SOMERS SCARMARDO I RIETHMILLER I PURNAPUSPITA Bill Site Work $ 172,810 $ 101,200 $ 71,610 88 $ 17,600.00 10 $ 166 $ 29,050.001 192 $ 24,960.00 o $ SD DD CD Drawings I$ 32,960 36 $ 7,200.00 0 $ - 64 $ 11,200.00 112 $ 14,560.00 0 $ - Metal Building Cover Sheet $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - Metal Building Site Plan $ 9,120 16 $ 3,200 0 $ - 16 $ 2,800 24 $ 3,120 0 $ - Metal Building Phasing Plan for First Contras $ 3,240 4 $ 800 0 $ - 8 $ 1,400 8 $ 1,040 0 $ - Metal Building Site Sections $ 8,560 8 $ 1,600 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - Metal Building Site Details $ 7,760 4 $ 800 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - Specifications I $ 9,600 20 $ 4,000 0 $ 1 32 $ 5,600 0 $ 0 $ - Div 0&1 2 $ 3,800 12 $ 2,400 0 $ - 8 $ 1,400 0 $ - 0 $ - Technical Sections 13 $ 5,800 8 $ 1,600 0 $ - 24 $ 4,200 0 $ - 0 $ - Cost Estimate I $ 1,500 4 $ 800 0 $ 1 4 $ 700 0 $ I0 $ - Management of Subs I $ 9,030 12 $ 2,400 0 $ 1 26 $ 4,550 16 $ 2,080 0 $ - 0 Subs:l MacDonald $ - $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - Civil CPL Site CD's $ 86,500 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Tres West Mechancial $ - $ 2,840 2 $ 400 0 $ - 8 $ 1,400 8 $ 1,040 0 $ - Tres West Electrical included with bldg $ 3,240 4 $ 800 0 $ - 8 $ 1,400 8 $ 1,040 0 $ - Geotech $ 5,000 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $Frank Co $ - $ 1,800 2 $ 400 0 $ - 8 $ 1,400 0 $ - 0 $ - Estimator $ 500 $ 400 2 $ 400 0 $ - 0 $ - 0 $ - 0 $ - Sub Total: $ 92,000 Markup: 10% $ 9,200 Grand Total: $ 101,200 132 Building $ 1,068,958 $ 705,290 $ 363,668 1 209 $ 41,808 0 $ - 924 $ 161,700 1232 $ 160,160 0 $ - SD DID CD Drawings Is 310,688 167 $ 33,408.00 0 $ - 696 $ 121,800.00 1196 $155,480.00 0 $ - X X X CS.1 Admin/Shop Building Cover Sheet $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - X CS.2 Admin/Shop Building Abbreviations $ 520 0 $ - 0 $ - 0 $ - 4 $ 520 0 $ - X X CS.3 Admin/Shop Building Occ/Code Summary $ 6,480 8 $ 1,600 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - X X CS.4 Admin/Shop Building Life Safety Plan $ 5,280 2 $ 400 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - X X X OA1.1 Admin/Shop Building Site Plan $ 7,760 4 $ 800 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - X X OA1.2 Admin/Shop Building Enlarged Site Plan $ 6,360 4 $ 800 0 $ - 8 $ 1,400 32 $ 4,160 0 $ - X X OA1.3 Admin/Shop Building Site Details $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - X OA1.4 Admin/Shop Building Gates&Details $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - X OA1.5 Admin/Shop Building Signs and Striping $ 2,140 2 $ 400 0 $ - 4 $ 700 8 $ 1,040 0 $ - X X OA1.6 Admin/Shop Building Combined Utility Plan $ 5,280 2 $ 400 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - X 0 0 X X X 1A1.1 Admin/Shop Building Slab Plan&Conc.Details $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X X 1A1.2 Admin/Shop Building Floor Plan,Floor 1 $ 13,640 16 $ 3,200 0 $ - 24 $ 4,200 48 $ 6,240 0 $ - 88 X X X X 1A1.3 Admin/Shop Building Floor Plan,Floor 2 $ 15,740 16 $ 3,200 0 $ - 36 $ 6,300 48 $ 6,240 0 $ - 100 X X X 1A1.4 Admin/Shop Building Enlarged Plans $ 6,720 4 $ 800 0 $ - 16 $ 2,800 24 $ 3,120 0 $ - 44 X X X 1A1.5 Admin/Shop Building Enlarged Plans $ 6,720 4 $ 800 0 $ - 16 $ 2,800 24 $ 3,120 0 $ - 44 X X X X 1A1.6 Admin/Shop Building Reflected Ceiling Plans 1 $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X X 1A1.7 Admin/Shop Building Reflected Ceiling Plans 2 $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X 1A1.8 Admin/Shop Building Roof Plan $ 2,840 2 $ 400 0 $ - 8 $ 1,400 8 $ 1,040 0 $ - 18 X X X 1A1.9 Admin/Shop Building Furniture/Equipment Plan 1 $ 5,280 2 $ 400 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 34 X X X 1A1.10 Admin/Shop Building Furniture/Equipment Plan 2 $ 5,280 2 $ 400 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - X 1A1.11 Admin/Shop Building Door,Wall&Finish Plan 1 $ 3,484 0 $ 4 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 24 X X 1A1.12 Admin/Shop Building Door,Wall&Finish Plan 2 $ 3,484 0 $ 4 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 24 X X 1A1.13 Admin/Shop Building ADA Compliance Plan $ 2,610 0 $ - 0 $ - 6 $ 1,050 12 $ 1,560 0 $ - 18 X K X 1A1.14 Admin/Shop Building ADA Compliance Plan $ 2,610 0 $ - 0 $ - 6 $ 1,050 12 $ 1,560 0 $ - 18 X X X 1A1.15 Admin/Shop Building Wall Types $ 5,220 0 $ - 0 $ - 12 $ 2,100 24 $ 3,120 0 $ - 36 X 0 0 X X X 1A2.1 Admin/Shop Building Exterior Elevations $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X X 1A2.2 Admin/Shop Building Exterior Elevations $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X X 1A2.3 Admin/Shop Building Enlarged Exterior Elevations $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X X 1A2.4 Admin/Shop Building Sections $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X X 1A2.5 Admin/Shop Building Sections $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X 1A2.6 Admin/Shop Building Enlarged Sections $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 0 X X X 1A3.1 Admin/Shop Building Wall Sections $ 3,530 2 $ 400 0 $ - 6 $ 1,050 16 $ 2,080 0 $ - 24 X X 1A3.2 Admin/Shop Building Wall Sections $ 3,530 2 $ 400 0 $ - 6 $ 1,050 16 $ 2,080 0 $ - 24 X X 1A3.3 Admin/Shop Building Wall Sections $ 3,530 2 $ 400 0 $ - 6 $ 1,050 16 $ 2,080 0 $ - X X 1A3.4 Admin/Shop Building Wall Sections $ 3,530 2 $ 400 0 $ - 6 $ 1,050 16 $ 2,080 0 $ - 24 X X X 1A3.5 Admin/Shop Building Wall Sections $ 3,530 2 $ 400 0 $ - 6 $ 1,050 16 $ 2,080 0 $ - 24 X 0 0 X 1A4.1 Admin/Shop Building Exterior Details $ 2,610 0 $ - 0 $ - 6 $ 1,050 12 $ 1,560 0 $ - 18 X X X 1A4.2 Admin/Shop Building Exterior Details $ 2,610 0 $ - 0 $ - 6 $ 1,050 12 $ 1,560 0 $ - 18 X X X 1A4.3 Admin/Shop Building Exterior Details $ 2,610 0 $ - 0 $ - 6 $ 1,050 12 $ 1,560 0 $ - 18 X X 1A5.1 Admin/Shop Building Window Schedule&Types $ 5,220 0 $ - 0 $ - 12 $ 2,100 24 $ 3,120 0 $ - 36 X X 1A5.2 Admin/Shop Building Window Details $ 3,480 0 $ - 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 24 X X X 1A5.3 Admin/Shop Building Door Schedule&Types $ 3,660 0 $ - 0 $ - 12 $ 2,100 12 $ 1,560 0 $ - X 1A5.4 Admin/Shop Building Door Details $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 28 X X X 1A5.5 Admin/Shop Building Finish Schedule $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 28 X X X X 1A6.1 Admin/Shop Building Interior Elevations $ 2,980 1 $ 200 0 $ - 4 $ 700 16 $ 2,080 0 $ - 21 X X X X 1A6.2 Admin/Shop Building Interior Elevations $ 2,980 1 $ 200 0 $ - 4 $ 700 16 $ 2,080 0 $ - 21 X X X X 1A6.3 Admin/Shop Building Interior Elevations $ 2,980 1 $ 200 0 $ - 4 $ 700 16 $ 2,080 0 $ - 21 X X 1A6.4 Admin/Shop Building Interior Elevations $ 2,980 1 $ 200 0 $ - 4 $ 700 16 $ 2,080 0 $ - 21 X X 1A6.5 Admin/Shop Building Interior Elevations $ 2,980 1 $ 200 0 $ - 4 $ 700 16 $ 2,080 0 $ - 21 X X 1A6.6 Admin/Shop Building Interior Elevations $ 2,980 1 $ 200 0 $ - 4 $ 700 16 $ 2,080 0 $ - 0 0 X X 1A7.1 Admin/Shop Building Elevator Plans&Details $ 3,680 1 $ 200 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 25 X X X 1A7.2 Admin/Shop Building Stair Plans&Details $ 3,680 1 $ 200 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 25 X ? X X 1A7.2 Admin/Shop Building Stair Plans&Details $ 3,680 1 $ 200 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 0 0 X X 1A8.1 Admin/Shop Building Plan Details $ 3,480 0 $ - 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 24 X X X 1A8.2 Admin/Shop Building Plan Details $ 3,480 0 $ - 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 24 X X X 1A8.3 Admin/Shop Building Plan Details $ 3,480 0 $ - 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 0 0 X X 1A9.1 Admin/Shop Building Details $ 8,560 8 $ 1,600 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - 56 X X X 1A9.2 Admin/Shop Building Details $ 8,560 8 $ 1,600 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - 56 X X X 1A9.3 Admin/Shop Building Details $ 8,560 8 $ 1,600 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - X X 1A9.4 Admin/Shop Building Details $ 6,960 0 $ - 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - 48 X X X 1A9.5 Admin/Shop Building Details $ 6,960 0 $ - 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - 48 X X X 1A9.6 Admin/Shop Building Details $ 6,960 0 $ - 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - 48 X X X 1A9.7 Admin/Shop Building Details $ 6,960 0 $ - 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - 48 X Specifications I $ 36,880 20 $ 4,000 0 $ 1 176 $ 30,800 16 $ 2,080 0 $ X X 4 34 Div O&1 $ 9,400 12 $ 2,400 0 $ - 40 $ 7,000 0 $ - 0 $ - 52 X X X 4 34 Technical Sections $ 27,480 8 $ 1,600 0 $ - 136 $ 23,800 16 $ 2,080 $ - 160 X X X Cost Estimate I $ 1,500 4 $ 800 0 $ - 1 4 $ 700 0 $ - 10 $ - 8 X Permitting(Included in Metal Building) I $ 12,800 16 $ 3,200 0 $ - 40 $ 7,000 20 $ 2,600 after permitting Bidding I $ 9,900 8 $ 1,600 0 $ - 40 $ 7,000 10 $ 1,300 0 $ - after permitting Award I $ 2,200 4 $ 800 1 0 $ - 1 8 $ 1,400 0 $ - I0 $ - Management of Subs I $ 8,700 12 $ 2,400 0 $ - 1 36 $ 6,300 0 $ - 0 $ - X X X Subs: CPL CD $ 2,500 $ 1,100 2 $ 400 0 $ - 4 $ 700 0 $ - 0 $ - 6 X X X X sf MacDonald $ - $ 1,450 2 $ 400 0 $ - 6 $ 1,050 0 $ - 0 $ - 8 X X X X 288.2768198 $ 12,455,000 I 43205 Tres West Mechancial $ 344,389 $ 1,800 2 $ 400 0 $ - 8 $ 1,400 0 $ - 0 $ - 10 X $ 2,400,000 14.35% $ 24,000,000 X X X Tres West Electrical $ 239,284 $ 1,800 2 $ 400 0 $ - 8 $ 1,400 0 $ - 0 $ - 10 X $ 2,400,000 9.97% $ 24,000,000 X X X 44963 Geotech $ - $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 X 24.32% X X X 30172 Frank Co $ 48,000 $ 1,800 2 $ 400 0 $ - 8 $ 1,400 0 $ - 0 $ - 10 X X X X 288.2768198 $ 21,659,678.86 75135 Estimator $ 7,000 $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - 4 X Sub Total: $ 641,173 Markup: 10% $ 64,117 Grand Total: $ 705,290 X X X Management with City of Kent I $ 4,600 16 $ 3,200 0 $ - 1 8 $ 1,400 0 $ - 1 0 $ - 24 X WAGNER I SOMERS I SCARMARDO I RIETHMILLER IPURNAPUSPITA C Fuel Island Alternate $ 43,790 $ 22,000 $ 21,790 34 $ 6,800 0 $ 150 $ 8,750 48 $ 6,240 0 $ $ #REF! #REF! SD DD CD Drawings Is 12,840 1 12 $ 2,400 0 $ - 24 $ 4,200 48 $ 6,240 0 $ - X X X 2A1.1 Fuel Island Floor Plan&Elevations $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 28 X ? X X 2A1.2 Fuel Island Sections Roof Plan $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 28 X ? X X 2A1.3 Fuel Island Equipment Plan $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 28 X ? Specifications I $ 2,900 4 $ 800 0 $ - 12 $ 2,100 0 $ - I0 $ - X X Technical Sections $ 2,900 4 $ 800 0 $ - 12 $ 2,100 0 $ - 0 $ - 16 X X X Cost Estimate I $ 400 2 $ 400 0 $ 1 0 $ 0 $ 10 $ - 2 X Management of Subs I $ 4,500 12 $ 2,400 0 $ - 1 12 $ 2,100 0 $ - 0 $ - X X X Subs: CPL CD $ - $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - 4 X X X X MacDonald $ - $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - 4 X X X X Tres West Mechancial $ 10,000 $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - 4 X X X X Tres West Electrical $ 10,000 $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - 4 X ? X X X Geotech $ - $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 X X X X Frank Co $ - $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - 4 X X X X Estimator $ - $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - 4 X Sub Total: $ 20,000 Markup: 10% $ 2,000 Grand Total: $ 22,000 X X X Management with City of Kent $ 22,0001 $ 1,150 1 4 $ 800 0 $ - 1 2 $ 350 0 $ 1 0 $ 6 X 2. Construction Phase Construction Management Is 95,600 44 $ 8,800.00 0 $ - 434 $ 86,800.00 0 $ - #REF! #REF! Pre Con $ 800 2 $ 400 0 $ - 2 $ 400 0 $ - 0 $ - %CA Phase %of CA Total 4 28 Meetings each 2 weeks $ 16,800 28 $ 5,600 0 $ - 56 $ 11,200 0 $ - 0 $ - 1 100 RFI's $ 20,800 4 $ 800 0 $ - 100 $ 20,000 0 $ - 0 $ - 2 100 Submittals $ 40,800 4 $ 800 0 $ - 200 $ 40,000 0 $ - 0 $ - Pay Requests $ 2,800 2 $ 400 0 $ - 12 $ 2,400 0 $ - 0 $ - Punch List $ 5,200 2 $ 400 0 $ - 24 $ 4,800 0 $ - 0 $ - Record Drawings $ 8,400 2 $ 400 0 $ - 40 $ 8,000 0 $ - 0 $ - Subs: CPL CD $ 35,000 MacDonald $ 4,800 Tres West Mechancial $ 140,665 Tres West Electrical $ 97,735 Geotech $ 1,000 Frank Co $ 12,000 Estimator $ Sub Total: $ 291,200 Markup: 10% $ 29,120 Grand Total: $ 320,320 Subs: CPL CD $ 124,000 MacDonald $ - Tres West Mechancial $ - Tres West Electrical $ - Geotech $ Frank Co $ Estimator $ Sub Total: $ 124,000 Markup: 10% $ 12,400 Grand Total: $ 136,400 Kent: New Operations Center Detailed Design thru Bidding A Conditional Use Plan RATES IN SPREADSHEET BELOW January 27,2023 WAGNER SOMERS SCARMARDO RIETHMILLER PURNAPUSPITA $ 200 $ 175 $ 175 $ 130 $ 130 48 30 64 40 0 WAGNER SOMERS SCARMARDO RIETHMILLER PURNAPUSPITA A CONDITIONAL USE PLAN $ 53,190 $ 22,000 $ 31,190 48 $ 9,200.00 30 $ 5,250.00 64 $ 10,500.00 40 $ 6,240.00 0 $ Task A-Detailed Project Description+Information Is 3,000 1 8 $ 1,600.00 0 $ - 8 $ 1,400.00 0 $ - 0 $ - Architectural $ 3,000 8 $ 1,600 0 $ - 8 $ 1,400 0 $ - 0 $ - Task B-Not Required Is - 1 0 $ - 1 0 $ - 0 $ - 1 0 $ - 0 $ - Task C-Answers Addressing Kent Zoning Section 15.09.032(D) Is 1,790 1 4 $ 400.00 0 $ - 4 $ 350.00 0 $ 1,040.00 0 $ - 1-4: Architectural $ 1,790 4 $ 400 0 $ - 4 $ 350 0 $ 1,040 0 $ - Task D-Completed Application Is 3,600 1 4 $ 800.00 0 $ - 16 $ 2,800.00 0 $ - 0 $ - Architectural $ 3,600 4 $ 800 0 $ - 16 $ 2,800 0 $ - 0 $ - Task E-Detailed Site Maps Is 5,430 1 8 $ 1,600.00 0 $ - 10 $ 1,750.00 16 $ 2,080.00 0 $ - 1-8: Civil Engineer $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 9-13: Architectural-Proposed Building Information $ 350 0 $ - 0 $ - 2 $ 350 0 $ - 0 $ - 14: Civil Engineer $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 15-25: Archictectural-Site Information $ 5,080 8 $ 1,600 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 26: Civil Engineer $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 28-29: Civil Engineer,Wetlands Consultant $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 30-31: Civil Engineer $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Task F-Not Required $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Task G-Code Data $ 3,240 4 $ 800.00 0 $ - 8 $ 1,400.00 8 $ 1,040.00 0 $ - 1-12: Architectural-Code Data $ 3,240 4 $ 800 0 $ - 8 $ 1,400 8 $ 1,040 0 $ - 13: Landscape Architect $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Task H-Not Required $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Task I-Landscape Plans $ 7,790 4 $ 800.00 30 $ 5,250.00 4 $ 700.00 8 $ 1,040.00 0 $ - 1-3: Civil Engineer $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 4-5: Architectural-Proposed Building Information $ 1,270 2 $ 400 0 $ - 2 $ 350 4 $ 520 0 $ - 6-7: Civil Engineer $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 8: Wetlands Consultant $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 9: Landscape Architect $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 10-13: Architectural-Proposed Building Information $ 6,520 2 $ 400 30 $ 5,250 2 $ 350 4 $ 520 0 $ - 14-15: Landscape Architect $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 16: Civil Engineer $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 17-19: Landscape Architect $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Task J-Architectural Drawings of Proposed Buildings $ 2,140 2 $ 400.00 0 $ - 4 $ 700.00 8 $ 1,040.00 0 $ - Architectural-Building Elevations w/Ext,Lighting $ 2,140 2 $ 400 0 $ - 4 $ 700 8 $ 1,040 0 $ - Task K-Not Required $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Task L-Not Required $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Task M-Submit SEPA Modification as Separate Application $ 1,500 4 $ 800.00 0 $ - 4 $ 700.00 0 $ - 0 $ - Architectural-Building Elevations w/Ext,Lighting $ 1,500 4 $ 800 0 $ - 4 $ 700 0 $ - 0 $ - Management of Subs $ 2,300 8 $ 1,600.00 0 $ - 4 $ 700.00 0 $ - 0 $ - Subs:l Civil Engineer $ 10,000 $ 1,150 4 $ 800 0 $ - 2 $ 350 0 $ - 0 $ - Landscape Architect $ 10,000 Welands Consultant $ - $ 1,150 4 $ 800 0 $ - 2 $ 350 0 $ - 0 $ - Sub Total: $ 20,000 Markup: 10% $ 2,000 Grand Total: $ 22,000 Management with City of Kent I $ 800 2 $ 400.00 0 $ - 2 $ 400.00 0 $ - 0 $ - From Tres West at 7%fee fee schedule .0707 x mech includes sales tax estimated cost of works out this total cost based on total total fee for all and elec captial divided by .71 construction to cost work cost? at 70% at 30% Mechanical Fee Proposal $ 137,240 $ 193,296 $ 2,572,711 0.075133 $ 2,761,368.21 $ 23,400,000.00 0.0707 $ 1,654,380 $ 181,890.67 $ 127,323.47 $ 54,567.20 $181,890.67 Electrical Fee Proposal $ 133,867 $ 188,545 $ 2,549,200 0.073962 $ 2,693,501.01 0.0707 $ 180,228.44 $ 126,159.91 $ 271,107 $ 381,841 $ 362,119.11 $ 5,121,911 $ 5,454,869.22 this total cost does fee schedule not include sales tax based on total cost $ 22,400,000 0.083 $ 1,859,200 $ 2,572,711 0.083 $ 213,535.01 $ 149,474.51 $ 64,060.50 $213,535.01 $ 2,549,200 0.083 $ 211,583.60 $ 148,108.52 $ 63,475.08 $211,583.60 $ 5,121,911 $ 5,121,911 0.083 $ 425,118.61 $ 297,583.03 $ 127,535.58 $425,118.61 Structural Fee Proposal $ 47,000 $ 5,121,911 Metal Bldg Fee Proposal $ 6,200 Civil Fee Proposal $ 80,500 GeoTech $ 5,000 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 City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 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. EXHIBIT B (Continued) 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. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 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 $2,000,000 per claim and $2,000,000 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 Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant'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 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'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 ANII. EXHIBIT B (Continued) 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 Contractor before commencement of the work. 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. ACO® DATE(MM/DD/YYYY) AC� CERTIFICATE OF LIABILITY INSURANCE 6/2/2022 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kim Grahn Shipley & Pease Insurance a/°No Ext: (206)519-5371 A/C No: (503)282-3345 P O Box 928 E-MAIL ADDRESS: kim@shipleyins.com INSURERS AFFORDING COVERAGE NAIC# Woodinville WA 98072 INSURERA:Sentinel Insurance Company LTD 11000 INSURED INSURER B:Travelers Casualty & Surety Company of 31194 Wagner Architects and Planners INSURER C: INSURER D: 1916 Pike Place #221 INSURER E: Seattle WA 98101 INSURER F COVERAGES CERTIFICATE NUMBER:CL226202884 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBRPOLICY LTR POLICY NUMBER MM DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS-MADE ExOCCUR DAMAGES (RENTED 50,000 PREMISES Ea occurrence $ X 52SBATP3142 6/1/2022 6/1/2023 MED EXP(Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 MX 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 JECT POLICY PRO LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS 52SBATP3142 6/1/2022 6/1/2023 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident $ A X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE 52SEATP3142 10/7/2022 6/1/2023 AGGREGATE $ 1,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION PER X OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A A (Mandatory in NH) 52SBATP3142 6/1/2022 6/1/2023 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below WA Stop Gap E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Professional Liability 106307915 6/1/2022 6/1/2023 Each Claim 2,000,000 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: FAC-Kent East Hill Additional insured per SS0008 04/05 attached. CERTIFICATE HOLDER CANCELLATION LBryant@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 400 West Gowe St ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Kim Grahn/KG ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for "bodily injury": are also insureds, but only with respect to a. Any Insured their duties as trustees. To any insured, except"volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees", other than either your "executive officers' (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers" are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), of to a co-"employee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a) above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or insured. Your members are also insureds, (b) above; or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds, but only (2) "Property damage" to property: with respect to their liability as stockholders. (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. 'Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or organization responsible for the conduct of The insurance afforded herein for any such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. —Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part (i) The exceptions contained in provides coverage for "bodily injury" or "property damage" included within the Subparagraphs (d) or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any 'occurrence" which takes (b) 'Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf. owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. — Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions, one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or"suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance - the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b, apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. b. With respect to "mobile equipment" to If other valid and collectible insurance is available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. _ this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you or temporarily occupied by you with settlement means a settlement and release of liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned "property damage" to premises rented to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies: a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit" is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To _ This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured —Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such (2) Structural alterations, new person or organization. construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision —Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (2) "Bodily injury" or "property damage" (g) Products which, after distribution included in the "product-completed or sale by you, have been labeled operations" hazard. or relabeled or used as a container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor;or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part provides coverage for "bodily injury" or Subparagraphs (d) or(f); or "property damage" included within the (ii) Such inspections, "products-completed operations hazard". adjustments, tests or servicing b. The insurance afforded to the vendor is as the vendor has agreed to make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured —Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of.- demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional insured(s); or (5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products-completed operations hazard". a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2• "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 Signature: imyA01-9 Signature: Will Moore(Mar 6,2023 08:33 PST) Email: wmoore@kentwa.gov Email: rlashley@kentwa.gov Signature: L n L ✓ nh n Brian Levenhagen(Mar 9, 02308:31 PST) Email: bjlevenhagen@kentwa.gov FAC23-09 Wagner KEHOC Final Final Audit Report 2023-03-09 Created: 2023-03-03 By: Leah Bryant(Ibryant@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAOecRnbdVz3KCFdUcemom-Y4g8ryfaC3V "FAC23-09 Wagner KEHOC Final" History Document created by Leah Bryant(Ibryant@kentwa.gov) 2023-03-03-11:57:41 PM GMT Document emailed to wmoore@kentwa.gov for signature 2023-03-04-0:01:35 AM GMT Email viewed by wmoore@kentwa.gov 2023-03-06-4:31:37 PM GMT Signer wmoore@kentwa.gov entered name at signing as Will Moore 2023-03-06-4:33:35 PM GMT ca Document e-signed by Will Moore (wmoore@kentwa.gov) Signature Date:2023-03-06-4:33:37 PM GMT-Time Source:server Document emailed to Robert Wagner(rw@wagnerarchitects.com)for signature 2023-03-06-4:33:42 PM GMT 3 Email viewed by Robert Wagner(rw@wagnerarchitects.com) 2023-03-06-4:35:05 PM GMT Document e-signed by Robert Wagner(rw@wagnerarchitects.com) Signature Date:2023-03-06-5:06:19 PM GMT-Time Source:server Document emailed to Ronald Lashley (rlashley@kentwa.gov)for signature 2023-03-06-5:06:24 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2023-03-07-9:19:10 PM GMT EY Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date:2023-03-07-9:23:10 PM GMT-Time Source:server Powered by r � Adobe T Acrobat Sign Document emailed to bjlevenhagen@kentwa.gov for signature 2023-03-07-9:23:14 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2023-03-09-4:30:43 PM GMT E= Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2023-03-09-4:31:24 PM GMT E= Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2023-03-09-4:31:26 PM GMT-Time Source:server Agreement completed. 2023-03-09-4:31:26 PM GMT Powered by r � Adobe T Acrobat Sign