HomeMy WebLinkAboutContract CAG-17-089
CITY OF
en on �
AGREEMENT FOR ARCHITECTURAL SERVICES, SENIOR CENTER
ADA UPGRADES PROJECT
CAG-�?-�
THIS AGREEMENT, dated 1 '� r �� , is by and between the City of Renton (the
"City"), a Washington munici I corporation, and AustinCina, Architects, P.S. ("Consultant"), a
Washington State Professional Services Corporation.The City and the Consultant are referred to
collectively in this Agreement as the "Parties."Once fully executed by the Parties,this Agreement
is effective as of the last date signed by both parties.
1. Sco e of Work: Consultant a rees to rovide Architectural Design Services to upgrade
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the office area Reception Counter and associated areas to comply with ADA standards at
' the Senior Activity Center, 211 Burnett Avenue North, Renton, WA, 98057 as further
specified in the Consultant's proposal attached as Exhibit A, which is attached and
� incorporated herein and may hereinafter be referred to as the "Work."
2. Chan�es in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions,deletions or modifications.Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement upon
signing of the Agreement. All Work shall be performed by no later than October 1, 2017.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $21,670.00, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Work actually performed according to
the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly
or flat rate charged by it for its Work shall remain locked at the negotiated rate(s)
unless otherwise agreed to in writing. Except as specifically provided herein, the
Consultant shall be solely responsible for payment of any taxes imposed as a result of
the performance and payment of this Agreement.
B. Method of Pavment. No more frequently than monthly and no less frequently than
quarterly, the Consultant shall submit a voucher or invoice in a form specified by the
City. Where work is billed per hour or based upon costs rather than based upon a
fixed sum, the submittal shall include, as applicable, a description of what Work has
been performed, the name of the personnel performing such Work, and any hourly
labor charge rate for such personnel. Submittals for performance of Work that is to
be compensated based upon fixed amounts shall include sufficient information for
the City to determine the percentage of Work that has been completed. Payments
for such work shall be in proportion to the progress of the Work plus allowable costs
and expenses as noted in Exhibit A. Final payment for each phase of work shall be
due and payable upon completion and written approval by the City of that phase of
work. The Consultant shall also submit a final bill upon completion of all Work.
Payment shall be made by the City for Work performed within thirty (30) calendar
days after receipt and approval by the appropriate City representative of the voucher
or invoice. If the Consultant's performance does not meet the requirements of this
Agreement, the Consultant will correct or modify its performance to comply with the
Agreement. The City may withhold payment for work that does not meet the
,
requirements of this Agreement. The City shall make no deduction from Consultant s
� compensation on account of penalties, liquated damages or other sums withheld from
contractor(s) through no fault of the Consultant.
C. Effect of Pavment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
' payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
� the City in the event this provision applies.
� 5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10)calendar days' notice to the Consultant in writing. In the event
of such termination or suspension, and upon final payment of amounts due through
such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
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B. In the event this Agreement is terminated by the City,the Consultant shall be entitled
to payment for all hours worked to the effective date of termination and/or for the
percentage of fixed sum work completed, less all payments previously made. If the
Agreement is terminated by the City after partial performance of Work for which the
agreed compensation is a fixed fee, the City shall pay the Consultant an equitable
share of the fixed fee.This provision shall not prevent the City from seeking any legal
remedies it may have for the violation or nonperformance of any of the provisions of
this Agreement and such charges due to the City shall be deducted from the final
payment due the Consultant. No payment shall be made by the City for any expenses
incurred or work done following the effective date of termination unless authorized
in advance in writing by the City.
C. This Agreement may be terminated by Consultant if after reasonable written notice
and an opportunity to cure, City should fail substantially to perform in accordance
with the terms of this Agreement through no fault of Consultant. Any notice of
termination shall give no less than 10 days' notice and opportunity for City to cure. In
the event termination by the Consultant, Consultant shall be entitled to receive
compensation for completed Work, less previous payments,and shall provide the City
with all finished and unfinished work product prepared and paid for pursuant to this
Agreement.
6. Warranties And Ri�ht To Use Work Product: The standard of care for all design
, professional services performed by Consultant and its sub-Consultants pursuant to this
Agreement shall be in compliance with applicable laws and specified City
standards/design criteria using the care and skill ordinarily used by under similar
conditions for projects of a size,scope and complexity similar to the project contemplated
in the Work. Consultant represents and agrees all final work product created for and
delivered to the City pursuant to this Agreement shall be the original work of the
Consultant and free from any intellectual property encumbrance which would restrict the
City from using the work product. Consultant grants to the City a non-exclusive, perpetual
right and license to use, reproduce, distribute, adapt, modify, and display all final work
product produced pursuant to this Agreement. The City's or other's adaptation,
modification or use of the final work products other than for the purposes of this
Agreement shall be without liability to the Consultant.The provisions of this section shall
survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
' expenditures and charges and/or to comply with the Washington State Public Records Act
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(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings,photos,or drawings and provide them to the City for reproduction at the City's
expense. In the event Consultant believes said records need to be protected from
disclosure, it may, at Consultant's own expense, seek judicial protection. Consultant shall
indemnify, defend, and hold harmless the City for all costs, including attorneys' fees,
attendant to any claim or litigation related to a Public Records Act request for which
Consultant has responsive records and for which Consultant has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Consultant shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court
, order. The provisions of this section shall survive the expiration or termination of this
Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement.The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee.The Consultant, not the City, shall have the power to control and direct the ,
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or erformance is mutually arranged due to the nature of the Work.
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Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program,or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the
Consultant agrees to notify the City and complete any required form if the Consultant
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retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless: The Consultant agrees to indemnify, and hold harmless the City, its,
attorneys, elected officials, employees, officers, representatives, and volunteers from
claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings,
injuries, damages, liabilities, taxes, losses, expenses, attorney's or attorneys' fees, costs,
and/or litigation expenses to or by any and all persons or entities, including, without
limitation, their respective licensees, or representatives, to the extent caused by
Consultant's breach of this agreement or the negligent acts, errors or omissions of the
Consultant in performance of this Agreement,except for that portion of the claims caused
by the City's sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction,alteration,improvement,etc.,of structure or improvement attached to real
estate...) 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 and volunteers, Consultant's
liability shall be only to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided in
_ this Agreement constitute Consultant's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification and only to
the extent required to protect City against claims brought by one or more of Consultant's
employees as a result of injuries caused in whole or in part by Consultant's negligence.
The Parties have mutually negotiated and agreed to this waiver. The provisions of this
section shall survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant's performance of the Work.
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
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Information regarding acquiring a city business license can be found at:
http://rentonwa.�ov/business/default.aspx?id=548&mid=328.
Information regarding State business licensing requirements can be found at: I
http://dor.wa.�ov/content/doin�business/re�istermvbusiness/
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each claim/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per claim.
"Professional Services",for the purpose of this section,shall mean any Work provided
by a licensed professional or Work that requires a professional standard of care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant's vehicles on the City's Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City's insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City's
recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
five (5) business days of their receipt of such notice.
14. Delavs: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the ConsultanYs reasonable
control occur,the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
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15. Successors and Assi�ns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party),and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service.Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON CONSULTANT
Robert Ebert AustinCina Architects, P.S.
1055 South Grady Way 12202 Pacific Ave. Suite C
Renton, WA 98057 Tacoma, WA 98444
Phone: (425) 430-6602 Phone: 253. 531-4300
rebert@rentonwa.gov mikec@austincina.com
Fax: (425) 430-6603 Fax: 253.537-6542
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Consultant agrees as follows:
A. Consultant, and Consultant's agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
r" in x a e sexual orientation h sical sensor or mental
color national o i se , , y
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handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
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C. If the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may reasonably affect the satisfactory completion
of the project, which includes but is not limited to fair labor laws, worker's
compensation, and Title VI of the Federal Civil Rights Act of 1964,and will comply with
City of Renton Council Resolution Number 4085.
18. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs,sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own Worker's Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
� A. Approval Authority. Each individual executing this Agreement on behalf of the City
' and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Mana�ement.The City's project manager is Robert Ebert.
In providing Work, Consultant shall coordinate with the City's contract manager or
his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
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D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governin� Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Draftin� Effort.This Agreement shall be considered for all purposes as prepared '
by the joint efforts of the Parties and shall not be construed against one party or the ,
other as a result of the preparation, substitution, submission or other event of '�,
negotiation, drafting or execution. I
G. Jurisdiction and Venue.Any lawsuit or legal action brought by any party to enforce or I
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
H. Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
. I n Entire A reement. This A reement contains the entire a reement of the
I So e a d g g g
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant's performance of
this Agreement. The Consultant is not responsible for deviations to the schedule
included in Exhibit B for which the Consultant has no control, including but not
necessarily limited to permit review and approval processing by authorities having
jurisdiction,approval by the City or other governing bodies,substantially changed site
conditions, schedules of adjacent projects, etc.
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K. Third-Partv Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Assi�ns and Successors.The Parties each bind themselves, their partners, successors,
assigns, and legal representatives to the other party to this Agreement, and to the
partners, successors, assigns, and legal representatives of such other party with
respect to all covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not I
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this '
Agreement shall not be deemed to be a waiver of any prior or subsequent breach '
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
O. Supplementarv Conditions. As part of the City's ongoing cooperation with King
County through the Community Development Block Grant (CDBG) funding program,
Exhibit B, King County Housing and Community Development Supplementary
Conditions, Architect and Engineering Contract is hereby adopted and incorporated
by reference. The Parties agree to be bound to the terms contained in Exhibit B to
ensure compliance with the CDBG funding requirements.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON CONSULTANT
By: BY; �`�'�'�--
Kelly Beym r Michael A. Cina
Administrator President
��/`7 April 7, 2017
Date Date
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EXHIBIT A
CITY OF RENTON SENIOR ACTIVITY CENTER ADA UPGRADES
March 29 2017
Project budget $ 250,000
WSST 9.50% $ 23,750
Permit Fees 5% $ 11,313
Construction budget $ 214,938
Proposed Architectural Fees $ 23,650 start date completed by
Pre-Design 20% $ 4,730 4/3/17 4/17/17
Design Development 17% $ 4,021 4/18/17 5/1/17
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Construction Documents 31% $ 7,332 5/2/17 5/31/17
Bidding 10% NIC
Construction 20% NIC
Close-out 2% NIC
Architect's Fee $ 16,082
Mechanical Engineer $ 1,100 Includes 10% mark-up
Electrical Engineer $ 4,488 Includes 10% mark-up
TOTAL A/E FEE $ 21,670
Hourly Rates for AustinCina Architects, ps:
Principal-in-Charge 140
Project Manager/Architect 140
Technical Support 110
NonTechnical Support 85
i Scope of Services:
Provide architectural/engineering services for the remodel of the main entrance/receptionist areas at the Renton
Senior Activity Center, located at 211 Burnett Avenue North, Renton WA 98057. Services shall include:
1. On-site visit to field measure and photograph existing conditions for the purpose of creating an as-built floor
plan which will serve as the base sheet;
2. Schematic Design- prepare design/layout for spaces impacted by this project, including building code review and
preliminary cost estimate;
3. Design Development-Further deve►op the plan and include HVAC revisions, new lighting layouts, power and low
voltage outlets, location of furnishings and equipment;
4.Construction Documents- Prepare permit/construction documents to include drawings and specifications;
5. Bidding, Permitting,Construction &Closeout-Not in Contract
Scope of Work:
1. New front service counter to be removed and relocated. This will result in lighting revisions, moving of in-fioor
heat register, new electrical outlets,casework, partition finishes;
2. Remodel/reconfiguration of the office area to include removing interior partitions to open up the office area.
This will result in lighting revisions, new electrical outlets, casework, partition finishes;
3. Removal of existing partitions and replacement with glass wall system-This will occur with the wall that
separates the office area with the hallway,and the area between the waiting area and hallway.
AustinCina Architects, ps ,
J
EXHIBIT B
King County Housing and Community Development
Supplementary Conditions
Architecture and Engineering Contract
RENTON SENIOR ACTIVITY CENTER ADA UPGRADES
211 BURNETT AVE NORTH, RENTON, WA 98057
1. Superseding
If there are conflicts between this exhibit and other sections of the Agency-Architect
agreement and amendments these Supplementary Conditions shall supersede such
sections.
References in this exhibit refer to Project-Associated King County Contract
2. Inclusions !�
An Agency and Architect/Engineer contract funded with federal funds through King II
County Housing and Community Development also shall indude the following '�
Sections in every subcontract or purchase order for goods and services which are
paid in whole or in part with funds provided under King County Contract:
3. Indemnification.
A. The Architect/Engineer shall protect, defend, indemnify, and hold harmless King
County, its officers, employees, and agents from any and all costs, claims,
judgments, and/or awards of damages arising out of, or in any way resulting from
' the negligent act or omissions of subcontractor, its officers, employee, and/or
agents in connection with or in support of this Contract. Subcontractor expressly
agrees and understands that King County is a third party beneficiary to this
Contract and shall have the right to bring an action against subcontractor to
enforce the provisions of this paragraph."
4. Agency Agreement to Repay
The Architect/Engineer further agrees that it is financially responsible for and
shall repay the County all indicated amounts following an audit exception that
, occurs due to the negligence, intentional act, and/or failure, for any reason, to
� comply with the terms of this Contract by the Architect/Engineer, its officers,
employees, agents, and/or representatives. This duty to repay the County shall
not be diminished or extinguished by the prior termination of the Contract
pursuant to the Duration of Contract or the Termination Sections.
King County Housing and Community
Development Supplementary Conditions
Page 1 4/7/2017
5. Insurance Requirements
A. Services Agreements: The ArchitecUEngineer shall maintain limits no less than
the following:
(i) Commercial General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage and
$2,000,000 in the aggregate.
(ii) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
(iii) Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in
the Aggregate.
(iv)Workers Compensation: Statutory requirements of the State of
Residency.
(v) Stop Gap or Employers Liability Coverage: $1,000,000.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by,
the County. The deductible and/or self-insured retention of the policies shall not
apply to the Architect/Engineer liability to the County and shall be the sole
responsibility of the Architect/Engineer.
C. Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to
contain, the following provisions:
a. All Liability Policies except Professional and Workers Compensation.
(i) The County, its officers, officials, employees, and agents are to be
covered as additional insureds as respects liability arising out of activities
performed by or on behalf of the Architect/Engineer in connection with
this Contract. Such coverage shall include Products-Completed
Operations.
(ii) To the e�ent of the Architect/Engineer negligence, the Architect/Engineer
insurance coverage shall be primary insurance as respects the County,
its officers, officials, employees, and agents. Any insurance and/or self-
insurance maintained by the County, its officers, officials, employees, or
agents shall not contribute with the Architect/Engineer's insurance or
benefit the ArchitecUEngineer in any way.
(iii) The Architect/Engineer's insurance shall apply separately to each insured
against whom claim is made and/or lawsuit is brought, except with
respect to the limits of the insurer's liability.
King County Housing and Community
Development Supplementary Conditions
Page 2 4/7/2017
b. Property Coverage Policies
(i) The County shall be added to all Property Coverage Policies as a loss
payee as its interests may appear.
(ii) The County shall be added as a Named Insured as their interests may ,
appear to all Builders Risk policies.
c. All Policies �'
Coverage shall not be suspended, voided, canceled, reduced in coverage or I'
in limits, except by the reduction of the applicable aggregate limit by claims �
paid, until after 30 days prior written notice has been given to the County. �
D. Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed with �
insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with I
minimum surpluses the equivalent of Bests' surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with
insurers with a Bests' rating of B+VII. Any exception must be approved by the I
County. I
If, at any time, the foregoing policies shall fail to meet the above requirements, '�
the Agency shall, upon notice to that effect from the County, promptly obtain a
new policy, and shall submit the same to the County, with appropriate certificates
and endorsements, for approval.
E. Verification of Coverage
The Architect/Engineer shall furnish the County with certificates of insurance and
endorsements required by this Contract. The certificates and endorsements for '
each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements for each '
insurance policy are to be on forms approved by the County prior to the i
commencement of activities associated with the Contract. The County reserves �
the right to require complete, certified copies of all required insurance policies at i
any time. '
F. Subcontractors ��
The Agency shall include all subcontractors as insureds under its policies or shall
require separate certificates of insurance and policy endorsements from each '
subcontractor. If the Agency is relying on the insurance coverages provided by
subcontractors as evidence of compliance with the insurance requirements of
this Contract, then such requirements and documentation shall be subject to all '
of the requirements stated herein. '
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Development Supplementary Conditions
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6. Nondiscrimination & Equal Employment Opportunity
A. Nondiscrimination in Employment Provision of Services
During the perFormance of this Contract, neither the Architect/Engineer nor any
party subcontracting under the authority of this Contract shall discriminate or
tolerate harassment on the basis of race, color, sex, religion, national origin,
marital status, sexual orientation, age, or the presence of any sensory, mental, or
physical disability in the employment or application for employment or in the
administration or delivery of services or any other benefits under this Contract.
King County Code Chapters 12.16 and 12.17 are incorporated herein by
reference, and to the extent applicable such requirements shall apply to this
Contract.
B. Nondiscrimination in Subcontracting Practices
During the solicitation, award and term of this Contract, the Architect/Engineer
shall not create barriers to open and fair opportunities to participate in County
contracts or to obtain or compete for contracts and subcontracts as sources of
supplies, equipment, construction and services. In considering offers from and
doing business with subcontractors and suppliers, the Architect/Engineer shall
not discriminate against any person on the basis of race, color, religion, sex, age,
national ori in marital status sexual orientation or the resence of an mental or
, p Y
9 �
physical disability in an otherwise qualified disabled person.
C. Compliance with Laws and Regulations
The Architect/Engineer shall comply fully with all applicable federal, state and
local laws, ordinances, Presidential Executive Orders and regulations that
prohibit discrimination to the extent applicable. These laws include, but are not
limited to, KCC Chapter 12.17; RCW Chapter 49.60; Titles VI and VII of the Civil
Rights Act of 1964, 42 USC 2000(a) et seq.; the Americans with Disabilities Act,
42 USC 12101 et seq.; and the Restoration Act of 1987. The Architect/Engineer
shall further comply fully with any affirmative action requirements set forth in any
federal regulations, statutes or rules included or referenced in the contract
documents.
D. E Small Business and Minority and Women Business Enterprise Opportunities
King County encourages the Architect/Engineer to utilize small businesses,
including Minority-owned and Women-owned Business Enterprises ("M/WBEs")
in County contracts. The County encourages the ArchitecUEngineer to use the
following voluntary practices to promote open competitive opportunities for small
businesses, including M/WBEs.
a. Attending a pre-bid or pre-solicitation conference, if scheduled by the County,
to provide project information and to inform small businesses and other firms
of contracting and subcontracting opportunities.
b. Placing all qualified small businesses, attempting to do business in King
County, including M/WBEs, on solicitation lists, and providing written notice of
' subcontracting opportunities to these firms capable of perForming the work,
King County Housing and Community
Development Supplementary Conditions
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including without limitation all businesses on any list provided by the County,
in sufficient time to allow such businesses to respond to the written
solicitations.
c. Breaking down total requirements into smaller tasks or quantities, where
economically feasible, in order to permit maximum participation by small
businesses, including M/WBEs.
d. Establishing delivery schedules, where the requirements of this Contract
permit, that encourages participation by small businesses, including M/WBEs.
e. Providing small businesses, including M/WBEs that express interest with
adequate and timely information about plans, specifications and requirements
of the Contract.
f. Using the services of available community organizations, contractor groups,
local assistance offices, the County, and other organizations that provide
assistance in the recruitment and placement of small businesses, including
MNVBEs.
g. The Washington State Office of Minority and Women's Business Enterprises
(OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office at
360- 866-208-1064 or on-line through the web site at
http://www.omwbe.wa.gov/.
E. Equal Employment Opportunity
The ArchitecUEngineer shall implement and carry out the obligations in its
Affidavit and Certificate of Compliance regarding equal employment opportunity,
and all other requirements as set forth in the Affidavit and Certificate of
Compliance.
F. Fair Employment Practices
a. King County Code Chapter 12.18 is incorporated by reference as if fully set
forth herein and, to the extent applicable, such requirements apply to this
Contract. In particular, these requirements specify that during the
perFormance of this Contract, neither the Architect/Engineer nor any party
subcontracting under the authority of this Contract shall engage in unfair
employment practices. It is an unfair employment practice for any:
(i) Employer or labor organization to discriminate against any person with
respect to referral, hiring, tenure, promotion, terms, conditions, wages or
other privileges of employment;
(ii) Employment agency or labor organization to discriminate against any
person with respect to membership rights and privileges, admission to or
participation in any guidance program, apprenticeship training program,
or other occupational training program;
(iii) Employer, employment agency, or labor organization to print, circulate, or
cause to be printed, published or circulated, any statement,
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' Development Supplementary Conditions
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advertisement, or publication relating to employment or membership, or to
use any form of application therefore, which indicates any discrimination
unless based upon a bona fide occupation qualification;
(iv) Employment agency to discriminate against any person with respect to
any reference for employment or assignment to a particular job
classification;
(v) Employer, employment agency or a labor organization to retaliate against
any person because that person has opposed any practice forbidden by
KCC Chapter 12.18 or because that person has made a charge, testified
or assisted in any manner in any investigation, proceeding or hearing
initiated under the provisions of KCC Chapter 12.18;
(vi) Publisher, firm, corporation, organization or association printing,
publishing or circulating any newspaper, magazine or other written
publication to print or cause to be printed or circulated any advertisement
with knowledge that the same is in violation of KCC 12.18.030(C), or to
segregate and separately designate advertisements as applying only to
men or women unless such discrimination is reasonably necessary to the
normal operation of the particular business, enterprise or employment,
unless based upon a bona fide occupational qualification;
(vii)Employer to prohibit any person from speaking in a language other than
English in the workplace unless:
(a) The employer can show that requiring that employees speak English
at certain times is justified by business necessity; and
(b) The employer informs employees of the requirement and the
consequences of violating the rule.
b. If the Architect/Engineer engages in unfair employment practices as defined
above, remedies as set forth in KCC Chapter 12.18 may be applied, in
addition to those remedies specified in the Contract or otherwise available at
law or equity.
G. Record-Keeping Requirements and Site Visits
a. The Architect/Engineer shall maintain, for at least six years after completion
of all work under this Contract, the following:
(i) Records of employment, employment advertisements, application forms,
and other pertinent data, records and information related to employment,
applications for employment or the administration or delivery of services
or any other benefits under this Contract; and
(ii) Records, including written quotes, bids, estimates or proposals submitted
to the Architect/Engineer by all businesses seeking to participate on this
Contract, and any other information necessary to document the actual
use of and payments to subcontractors and suppliers in this Contract,
including employment records.
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Development Supplementary Conditions
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(iii) The County may visit, at any time, the site of the work and the
ArchitecUEngineer's office to review the foregoing records. The
' Architect/Engineer shall provide every assistance requested by the
County during such visits. In all other respects, the ArchitecUEngineer
shall make the foregoing records available to the County for inspection
and copying upon request. If this Contract involves federal funds, the
Architect/Engineer shall comply with all record keeping requirements set
, forth in any federal rules, regulations or statutes included or referenced in
the contract documents.
H. Sanctions for Violations
Any violation of the mandatory requirements of the provisions of this Section
shall be a material breach of contract for which the Agency may be subject to
damages, withholding payment and any other sanctions provided for by the
Contract and by applicable law.
7. Nondiscrimination in subcontracting practices
Projects using federal funds shall comply with the following requirements:
A. Federal Requirements
In soliciting subcontractors to supply goods or services for the activities under
this Contract, the ArchitecUEngineer shall comply with 24 CFR § 85.36(e) as
amended if the Agency is a municipal corporation or an agency of the State of
Washington, and 24 CFR § 84.44(b)(1)-(5) if the Agency is a nonprofit
corporation. In accordance with these regulations, the ArchitecUEngineer shall
take all necessary affirmative steps to assure M/WBEs and labor surplus area
firms are used as subcontractors when possible. Affirmative steps shall include
those actions specified above in this Section of the Contract.
B. Nondiscrimination in Federally Assisted Construction
The Architect/Engineer shall also require compliance with Presidential Executive
Order 11246 as amended and 41 CFR Part 60 regarding nondiscrimination in bid
conditions for construction projects over $10,000.
8. Section 504 and Americans With Disabilities Act (ADA).
The Agency has completed a 504/ADA Self-Evaluation Questionnaire for all
programs and services offered by the Agency (including any services not subject
to this Contract) and has evaluated its services, programs and employment
practices for compliance with Section 504 of the Rehabilitation Act of 1973, 29
USC 701 et seq.; and the ADA, 42 USC 12101 et seq. as amended. The Agency
has completed a 504/ADA Assurance of Compliance. Such Assurance of
Compliance is attached to this Contract and is incorporated herein by this
reference.
A. Record-Keeping Requirements and Site Visits '
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Development Supplementary Conditions
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The Architect/Engineer shall maintain, for at least six years after completion of all
work under this Contract, the following:
a. Records of employment, employment advertisements, application forms, and
other pertinent data, records and information related to employment,
applications for employment or the administration or delivery of services or
any other benefits under this Contract; and
b. Records, including written quotes, bids, estimates or proposals submitted to
the Architect/Engineer by all businesses seeking to participate on this
Contract, and any other information necessary to document the actual use of
and payments to subcontractors and suppliers in this Contract, including
employment records.
c. The County may visit, at any time, the site of the work and the
Architect/Engineer office to review the foregoing records. The
ArchitecUEngineer shall provide every assistance requested by the County
during such visits. In all other respects, the Agency shall make the foregoing
records available to the County for inspection and copying upon request. If
' this Contract involves federal funds, the ArchitecUEngineer shall comply with
all record keeping requirements set forth in any federal rules, regulations or
statutes included or referenced in the contract documents.
9. No Preferential Treatment
ecure referential treatment
The Architect/Engineer agrees that it will not attempt to s p
in dealings with the County by offering any valuable consideration, thing of value, or
gift, whether in the form of services, loan, thing, or promise, in any form, to any
County official or employee. The Architect/Engineer acknowledges that if it is found
to have violated the prohibition found in this paragraph its current contracts with the
County shall be cancelled and it shall not be able to bid on any County contract for a
period of two years.
10. Political Activity Prohibited
A. No Partisan Activity:
None of the funds, materials, property or services provided directly or indirectly
under this Contract shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office.
B. Certification Regarding Lobbying: All Projects using federal funds shall also
comply with the following subsection:
The ArchitecUEngineer certifies, to the best of its knowledge and belief, that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf
of the ArchitecUEngineer, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in
King County Housing and Community
Development Supplementary Conditions
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connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the
ArchitecUEngineer shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
The ArchitecUEngineer shall require that the language of this certification be
'� included in the award documents for all sub-awards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by 31 USC 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
11. Proprietary Rights
The Architect/Engineer agrees to and does hereby grant to the County, irrevocable,
nonexclusive, and royalty-free license to use, according to law, any patentable or
copyrightable material or article and use any method that may be developed as part
of the work under this Contract.
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Development Supplementary Conditions
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