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M Squared Architect Sanitation Maintenance Wash Storage Facility 02-08-2023AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS and M Squared Architect P.A. for Sanitation Maintenance, Wash, and Storage Facility This Agreement is entered into February _B_, 2023 by and between the City of Salina, Kansas, (the "City") and M Squared Architects , P.A ., a Kansas professional association (the "Consultant"). Recitals A. The City desires to contract for Architectural , Structural , & MEP services for the purpose of establishing project details, creating required permit drawings , and project oversite in connection with the City 's proposed development of a sanitation maintenance, wash, and storage facility , in compliance with federal , state, and local regulations. 8 . The Consultant has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties, in consideration of the mutual promises set forth in this Agreement , agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings : "Agreement" means this Agreement for Sanitation Maintenance , Wash , and Storage Facility , as amended and supplemented from time to time. "City" means the City of Salina, Kansas . "Consultant" means M Squared Architects , P.A. and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement (Mark with "X" if applicable): Exhibit A : Responsibilities of the Parties ~ Exhibit B: Tenn; Schedule ~ Exhibit C : Basis of Payment ~ Exhibit D: Insurance Requirements ~ 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A . 4. Term; Schedule. The Consultant agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit 8 , subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The City shall pay the Consultant for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6 .1. Types and Amount of Coverage . The Consultant agrees to obtain insurance coverage as specified in Exhibit Q, attached hereto , and shall not make any material modification or change from these specifications without the prior approval of the City. If the Consultant subcontracts any of its obligations under this Agreement, the Consultant shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Consultant or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Consultant of liability . Consultant Services (2014-06-18) 6 .2 . Rating. All insurance policies shall be issued by insurance companies rated no less than A-VII in the most recent "Bests" insurance guide , and admitted in the State of Kansas. Except as otherwise specified in Exhibit D, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved . 6.3. Certificate of Insurance . The parties acknowledge that the Consultant has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Consultant pursuant to this Agreement , including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Consultant acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City 's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or damage to property . 8. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the City , its agents, representatives, officers, officials and employees from and against all claims, damages , losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death , or injury to , impairment, or destruction of property, including loss of use resulting therefrom , to the extent that such claims, damages , losses , and expenses are caused by the wrongful acts, negligent acts, errors, or omissions arising out of or related to the services of the Consultant, its employees, agents, or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon thirty (30) days advance written notice to the other party. In the event of such termination, the Consultant shall be compensated for such services as have been satisfactorily performed through the date of termination, but no compensation shall be earned after the effective date of the termination . Within five (5) days of any such termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs , reports or other material prepared by the Consultant pursuant to this Agreement shall be delivered to the City . Notwithstanding the above, the Consultant shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Consultant, and the City may withhold any payments to the Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant may be determined. 10. Default. If either party fails to comply with any term of this Agreement within ten (I 0) days after written notice to comply has been mailed by the non-defaulting party to the defaulting party , such failure shall be deemed an immediate breach of this Agreement ("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default, the non-defaulting party shall have the following rights and remedies, in addition to any other rights and remedies provided under this Agreement or by law: I I. I Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party 's rights under this Agreement. 11 .2 Other Remedies . The non-defaulting party may pursue any available remedy at law or in equity (including specific performance) by suit, action , mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Consultant, neitherthe rights nor responsibilities provided for under this Agreement shall be assignable by either party, either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail , return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five (5) days , then three (3) days after mailed , if sent by registered or certified mail or commercial courier service; or the next business day , if sent by overnight air courier service. Notices shall be addressed as 2 appears below for each party, provided that if any party gives notice of a change of name or address , notices to the giver of that notice shall thereafter be given as demanded in that notice . CITY : CONSULT ANT : City Clerk Attn: Troy Reinert, Facilities Superintendent P.O. Box 736 Salina, KS 67402-0736 M Squared Architects , P.A. 922 S . Marymount Rd . Salina, KS 67401 14. Retention and Inspection of Records. The Consultant shall maintain complete, accurate , and clearly identifiable records with respect to all costs and expenses incurred under this Agreement. The records shall be maintained during the term of this Agreement, and for a period of three (3) years from the date of final payment under this Agreement (the "Retention Period"); provided, however, that if any litigation , claim or audit is commenced prior to the expiration of the Retention Period , then the Retention Period shall be extended until all litigation , claims or audit findings have been completely terminated or resolved, without right of further appeal. During the Retention Period , the Consultant shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to , or arising under, this Agreement. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes, subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City, it is subject to annual approp riation by the City 's governing body for future fiscal years . If the City 's governing body does not appropriate the funds necessary to fulfill the City 's financial obligations pursuant to this Agreement, the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s) affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Consultant in performing services under this Agreement, does so as an independent contractor. The City shall neither have nor exercise any control or d irection over the methods by which Consultant performs its responsibilities as outlined in Exhibit A . The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. Consultant shall be exclusively responsible for all taxes , withholding pa yments, employment-based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations, and the filing ofall necessary documents , forms , or returns pertinent to the foregoing . 17. Subcontracting. Consultant shall not subcontract any work or services under this Agreement.without the City 's prior wr itten consent. 18. Compliance with Applicable Law. Consultant shall comply with all applicable federal , state, and local law in the performance of thi s Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against d iscrimination and Chapter 13 of the Salina Code, the Consultant and its subcontractors, if any , agree that: (I) The Consultant shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because ofrace, sex , religion, age, color, national origin, ancestry or disability ; 3 (2) The Consultant shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer," or a similar phrase to be approved by the City 's human relations director; (3) If the Consultant fails to comply with the manner in which the Consultant reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto , the Consultant shall be deemed to have breached this Agreement and it may be canceled, terminated or suspended, in whole or in part, by the City; (4) If the Consultant is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final, the Consultant shall be deemed to have breached this Agreement and it may be canceled, terminated or suspended, in whole or in part, by the City; (5) The Consultant shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race, sex, religion , age , color, national origin, ancestry or disability ; and (6) The Consultant shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Agreement ifthe Consultant: (I) Employs fewer than four employees during the term of this Agreement; or (2) Contracts with the City for cumulatively $5 ,000 or less during the City 's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City 's participation or approval shall mean the participation or approval of the City Manager or his designee, unless otherwise provided herein . 21. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals , the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party, in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Consultant understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Consultant's choice . 23. Applicable Law; Venue. This Agreement and its validity, construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the Saline County, Kansas District Court. 24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any party. 25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end ofa time period fall on a legal holiday that termination time shall extend to 5:00 p.m. of the next full business day. 26. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Agreement shall extend to and bind the heirs , executors, administrators, trustees, successors and authorized assigns of the parties hereto . 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement. 4 30. Amendments. Neither this Agreement nor an y of its terms may be changed or modified, waived , or tenninated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver, or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement , or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such tenn. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every tenn of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution . No interpretation of this Agreement shall be allowed to find the City has agreed to binding arbitration . 33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached , and initialed by all parties, shall supersede all conflicting printed provisions . 35. Feminine-Masculine, Singular-Plural. Wherever used , sin gular shall include the plural , plural the singular, and use of any gender shall include all genders . 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereo f. 37. Merger Clause. These terms are intended by the parti es as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. 5 EXHIBIT A RESPONSIBILITIES OF THE PARTIES See attachetl. A-1 September 22, 2022 Troy Reinert Facilities Operations Manager 420 E Ash Salina , KS 67402 RE: Exhibit A: Sanitation Garage for new Sanitation Trucks for the City of Salina . Dear Mr. Reinert, ML Arch itects 922 S. Marymount Rd/Salina, KS 67401 913-523-3865 M Squared Architects is pleased to provide the following proposal to City of Salina for Architectural , Structural and MEP services for the proposed Sanitation Garage at the Ash St . city complex in Salina KS 67401. PROJECT ASSUMPTIONS: This proposal is based upon the information provided by the Owner. The project is to provide construction documents and construction administration for a new 5,280 sq. ft . building for the City of Salina . Deliverables for this project will include drawings utilizing AutoCAD . All parts of the project will be worked on by professionals in the industry including licensed architects and engineers with extensive experience in the design of similar buildings and projects. Electronic files in PDF format of all construction documents shall be provided to the Owner. BASE CONTRACT -FEE COMPENSATION The professional fees M Squared Architects requests for the above referenced project are as follows : TASK DESCRIPTION CD Bid/CA TOTAL 01 Architectural Services $ 8 ,250 $ 3 ,500 $11 ,750 02 Structural Engineering $ 3,250 $ 750 $ 4 ,000 03 MEP Engineering $ 8 ,000 $ 1,000 $ 9 ,000 TOTAL BASE CONTRACT FEE (LUMP SUM) $18,500 $5,250 $24,750 BILLING Professional services will be billed monthly on a lump sum basis for work completed. Reimbursable expenses, including but not limited to sub consultants, printing and deliveries will be billed in addition at actual costplus 1.5%. Invoices are due within 30 days of date of invoice . Invoices past due are subject to interest at the rate of l Y,% per month. This proposal will become void after 60 days from the date submitted . Page I 1 ATTACHMENTS TO THIS PROPOSAL As a supplement to this proposal please find the following documents : • Attachment "A" -Scope of Services • Attachment "B" -Additional Services • Attachment "C" -Reimbursable Expenses Should you have any questions, please do not hesitate to call us , as we want to ensure that we have a clear understanding of the project and thus are identifying those items clearly in the proposal. If you concur with this proposal , please sign and date this letter, then return stating your approval for M Squared Architects, P.A. to begin working on final Owner/Architect Contract. Sincerely, Mike McCall, NCARB The above proposal is understood and accepted . By accepting this proposal , you are also agreeing to enter into a AIA Owner/Architect contract with M Squared Architects , P.A. for Professional Services as attached to this proposal. By : _____________ _ For: ____________ _ (Signature) (Organization) Date : ---------------- Page I 2 ATTACHMENT 'A': SCOPE OF SERVICES Project Assumptions for all Disciplines Our fee proposal is based on providing the following general architect and engineering services for all disciplines: The project is to provide construction documents for a 44' x 120' pre-engi neered metal building. The building is intended to be used for truck storage and will be located in Salina , Kansas . The following assumptions were madein the preparation of this proposal: 1. The building will be 44' x 120' with a 16' eave height. The single -story building will be of metal building construction. Metal build i ng reactions will be provided prior to beginning design . 2 . There will be overhead doors on one side of the building with power openers . 3. There will be floor drains or trenches in the floor slab. 4 . The owner will submit for setback variance which is not included in this proposal. 5. Site survey to be provided by the city for permit building as required for building permit by the City. 6. Wash bay will have CMU walls on both sides . We are moving it to the far left to use the CMU wall as our fire wall between the two buildings. 7. Service bay will have a work pit in it. 8. There are no mezzanines , truck docks, or cranes inside the building. 9. There are no shelters inside the building. 10. The design document duration will be coordinated with the design team . 11.All engineering construction administration services include shop draw i ng review, RFI respo nses , design meeting but does not include construction meetings or site visits . 12 . Deliverables will be PDF type documents for this project. 13. Owner provided waste oil heater and air compressor to be des igned into the project. 14. Provide design submittals for intermediate review and Issued for Construction. 15 . Shau Id the project be placed on hold more than 30 days for schedule be elongated beyond 16 weeks , this shall serve as cause for supplemental fee negotiation . Should the project be permanently cancelled all unbilled time incurred after the prior invoice will be billed on a time and material basis. 16. Application fees and reproduction costs will be an owner direct expense . TASK 01-Architectural Ourfee proposal is based on Architectural services for the following: 1. Design the new layout for the new building and overhead door locations. 2. Provide a code footprint for the building. 3. Provide new architectural site plan and details. 4. Complete permit drawings required by the City of Salina to include Architectural, Structural and MEP as noted below. TASK 02 -Structural Engineering 1. Design the conventional spread or trench type foundations with soil conditions verified by the general contractor at time of construction. 2. Design the wash bay emu walls. 3. Design the service bay pit. 4. Design the floor drains or trenches in the slab . 5. Develop Construction Documents (CD), (drawings and assistance with specifications). Drawings developed shall identify and coordinate space and clearance requirements for the structure, i ncluding preliminary sizing of main structural components. 6. Provide design submittals for 75% and Issued for Construction. Page I 3 7. Assist the Client in addressing questions and preparing Addenda during the {pricing) phase. 8. Be available for design coordination meetings in Wichita, Kansas. 9. Shop drawing review and RFI responses during Construction Administration {CA), If requested. 10. As-Built drawing production is included in the CA phase . TASK 03 -MEP Engineering 1. The wash bay will require a trench drain, sand, oil, water separator, heat and ventilation. 2. The wash bay will require adequate water supply and gas supply for a heated pressure washer. 3. The truck service bay will require a pit with no drain . 4. The bays will not require and piped lubes, oils, etc. 5. Will require heat and ventilation for the building. 6. Provide electric outlets to plug in trucks with general power around perimeter walls. 7. Power for owner provided air compressor. 8. Power for overhead doors . 9. Provide general lighting for interior spaces and wall packs on the exterior. 10. Coordinate new utilities with City and Evergy for water, waste, gas and power. 11. Construction administration is limited. CA tasks will include submittal review, response to 5 or less RFl 's , general contractor questions and 2 site visits for an inspection and a final punch list. TASK 04-Construction Administration Our fee proposal is based on providing construction administration services for the following: 1. Provide assistance to the Owner and General Contractor with questions during the bidding process conducted by the Construction Agent as related to provided construction documents. 2. Review shop drawings. Review contractor's submittals to determine general conformance with the design intent as set forth by the contract documents. Submittals will be reviewed and returned within ten (10) working days indicating acceptance or other appropriate action in manner acceptable to the Owner. 3. During the construction of the project, provide clarifications of the drawings as requested. 4. Architect will be onsite for weekly construction meetings to answer any questions and review construction schedule timeline. 5. The Engineers will be available for coordination by phone conferences, as necessary. 2 Site visits will be included by MEP, Structural site visit will be an additional fee if needed. ATTACHMENT 'B': ADDIT IONAL SERVICES Design services that are not associated with the agreed Scope of Services (outlined below) shall be considered as additional services . Additional services would include Owner directed work that is clearly outside of the original scope of services. A fee structure for additional services shall be negotiated prior to services being rendered and shall be provided in the form of an ASR (Additional Services Request) to outline an hourly 'not-to-exceed' fee. If a fee structure is not determined prior to required submittals and services being rendered. Additional services would include the following: 1. Civil engineering, or survey services. 2. Fire Sprinkler Design and fire alarm if required. 3. Energy compliance forms or calculations beyond those required for city and state review. 4. Re-design after construction documents have been issued due to owner requested modifications or value engineering. 5. Design of any alternates. 6. As -built drawings. 7. Commissioning. ATTACHMENT 'C': REIMBURSABLE EXPENSES (not covered by design fee maximum) Page I 4 In addition to professional fees outlined, the Owner shall pay all out-of-pocket expenses which are defined as actual expenditures made by M Squared Architects, P.A., their employees, and I or professional consultants in the interest ofthe project and include, but are not limited to, the following expenses , unless another arrangement has been made (i.e . per diem, etc.) Items that are directly reimbursable are: • Geotechnical Services Permit, application, and review fees to Governmental agencies . Printing costs to include blueprinting, photocopying and reproductions . Photographic supplies and processing . Special renderings , models , photographs and special consultants , when authorized by Owner. Plotting and reproduction for progress meetings, presentations, and submittals . Large format scans (11 " x 17" and larger documents). Large format -colored plots (11 " x 17" and larger documents). Board mounted presentation graphics. • Mock-up time and materials (if mock -up is requested by the Owner). Postage, freight, overnight express mail , and courier services. Page I 5 EXHIBITB TERM; SCHEDULE See attached. B-1 January 20, 2023 Troy Reinert Facilities Operations Manager 420 E Ash Salina, KS 67402 M2 Architects 922 S. Marymount Rd/Salina, KS 67401 913-523-3665 RE: Exhibit B -Responsibilities of the Parties for Sanitation Garage for new Sanitation Trucks for the City of Salina Schedule: 1. Architectural Contract signed first week in February. 2. Information from owner on site survey, reactions on building for Structural use -Feb 15, 2023. 3. City permits submitted the week of March 61h. 4. Plans set out for Bidding March 6, 2023 5. 10 days for permit review by city. 6. 5 days for any review questions to be fixed and resubmitted to city for their 5-day review . 7. Bids received April 5, 2023. 8. Contracts put together for contractor and approved by City Commision. EXHIBIT C BASIS OF PAYMENT See attached. C-1 January 20, 2023 Troy Reinert Facilities Operations Manager 420 E Ash Salina, KS 67402 M2 Architects 922 S. Marymount Rd /Salina, KS 67401 913-523-3865 RE: Exhibit C -Responsibilities of the Parties for Sanitation Garage for new Sanitation Trucks for the City of Salina. Dear Troy, BASE CONTRACT -FEE COMPENSATION The professional fees M Squared Architects requests for the above referenced project are as follows : TASK DESCRIPTION CD Bid/CA TOTAL 01 Architectural Services $ 8 ,250 $ 3 ,500 $1 1,750 02 Structural Engineering $ 3,250 $ 750 $ 4 ,000 03 MEP Engineering $ 8 ,000 $ 1 ,000 $ 9 ,000 TOTAL BASE CONTRACT FEE (LUMP SUM) $18,500 $5,250 $24,750 Printing cost will be an additional 1.5 % of the actual printing costs for the project. Fees will be billed out at the end of each phase completed . EXHIBITD INSURANCE REQUIREMENTS Pursuan t to Section 6 of the Agreement , the Consultan t shall obtain , pay for , and maintain - and shall require each of its authorized subcon tractors to obtain and maintain -for the durat ion of the Agreement , policies of insurance meeting the following requirements: I. General Requirements . A. Additional Insured . With the exception of the workers ' compensation and professional liability policies to be obtained by the Consultant hereunder , all policies shall name the City , its agents , representatives , officers , officials , and employees as addit ional insured(s). Insurance for the additional insured shall be as broad as the insurance fo r the named insured , including defense expense coverage , and , with respect to the commercial general liabil ity policy requ ired hereunder , shall be endorsed to appl y as primary and non-contributory insurance before any other insurance or self-insurance , including any deductible , maintained by, or provided to , the additional insured(s). B. Waiver of Subrogatio n . Where allowed by law , all policies will include a waiver of subrogation in favor of the City, its agents , represen tatives , officers , officials , and employees . C. Claims Made Polic ies. If coverage is written on a claims-made basis for any of the policies required by this Agreement , th e Con s ultant must maintain the coverage for a minimum of two (2) years from the date of final comple t ion of all work under the Agreement. D. Premium and Deduct ible Expense s. The Consultant shall be respons ible for all premiums and retention or deductible expense for an y and all policies required by this Agreement. 2. Specific Coverage Requirements. A. Professional Liability -Errors and Omissions. The Consultant shall maintain professiona l liability insurance covering errors and omissions , with limits ofnot less than $1 ,000 ,000. In the event coverage is provided on a claims-made basis , the professional liability insurance shall be maintained for a period ofnot less than two (2 ) years after completion of the Contract or , in lieu thereof, the Consultant shall purchase tail coverage (extended reporting period ) under which the Cit y shall be afforded protection. B. Commercial General Liability ("CGL "). The Consultant shall maintain CGL coverage written on ISO Occurrence form CGOO 01 or an industry equivalent , which shall cover liability arising from Personal Injury, Bodily Injury , Property Damage , Premises and Operations , Contractual Liability , Independent Contractors and Advertising Injury . The policy limits shall not be less than the following: • Each occurrence • General aggregate • Personal and Advertising Liability D-1 $1 ,000 ,000 $2,000 ,000 $1 ,000 ,000 C. Business Automobile Liability ("BAL "). The Consultant shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Consultant and include automobiles not owned by but used on behalf of the Consultant. The BAL policy limits shall not be less than the following: • Combined single limit $1 ,000,000 0 . Workers ' Compensation/Employer 's Liability. The Consultant shall maintain workers' compensation and employer 's liability coverage with policy limits not less than the following: • Workers' Compensation (Coverage Part A) o Statutory • Employer's Liability (Coverage Part B) o $100,000 each accident o $500,000 disease -policy limit o $100 ,000 disease -each employee 0-2 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM ID D/YYYY) ~ 01 /23 /2 0 2 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-866-574-6282 CONTACT Monica Wilks NAME: Holmes Murphy & Associates , LLC ~.~,~)N.t C-•" 816 857-782 0 I iffc Nol: E-MAIL mwilks@holmesmurphy.com 1828 Walnut Sree t ADDRESS: Suite 700 INSURERISl AFFORDING COVERAGE NAIC# Kansas City, MO 64108 INSURER A : XL SPECIALTY INS CO 37885 INSURED INSURER B: M Squared Architects , P .A . INSURER C : 922 S . Marymount Rd . INSUR ER D : INSUR ER E : Salina , KS 67401 INSURER F: COVERAGES CERTIFICATE NUMBER: 67694840 REVISION NUMBER: TH IS IS TO CERTI FY TH AT THE POLI CIE S OF IN SURA NCE LI STED BELOW HAV E BEEN ISSUED TO THE IN SUR ED NAM ED A BOV E FOR THE PO LI CY PE RIO D INDI CATED . NOTWITH STANDIN G ANY RE QUIRE M EN T, TE RM O R CONDITION OF A NY CON TRACT OR OT HE R DOC UM ENT WIT H RESPECT TO WHI CH THIS CERTIFI CA TE MAY BE ISS UED OR MAY PE RTAI N, THE IN SURA NCE A FF O RDED BY THE PO LI CIE S DE SCRI BED HE REIN IS SUBJ ECT TO A LL THE TE RMS , EXC LU SIONS A ND CO ND ITI ONS OF SUCH POLI CI ES . LI MI TS SHOW N MAY HAVE BEEN RED UC ED BY PA ID CLAIMS . INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE IN<;n u.nm POLICY NUMBER IMMIDD/YYYYl IMM/DD/YYYYl COMMERCIAL GEN ERAL LIABILITY EAC H OCCURRE NCE $ >----~ CLAIMS-MA DE D OCCUR DAMAGE TO RENTED >----PREMISES IEa occurrence\ $ MED EXP (Anv one person) $ ~ PERSONAL & ADV IN JURY $ >---- GE N'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ R DPRO-DLOC PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY CO MBINED SINGLE LIMI T IEa accidentf $ - ANY AUTO BODILY INJURY (Per person) $ -OWNED ~ SCHEDU LED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIR ED ~ NON-OW NED FP1:,7~&,~le~t~AMAGE $ -AUTO S ONLY ~ AUTOS ONLY $ UMBRELLA LIAB H OCCUR EAC H OCCURRE NCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS ' LIABILITY STATUT E ER Y /N ANYPROPRIETOR/PART NER/EXECUTIVE D E.L. EACH ACCIDENT $ OFF ICER/MEMBER EXCLUDED ? N /A (Mandatory in NH) E.L. DISEASE -EA EMPL OYEE $ ~~S~~~~f[~ On~~PE RAT I ONS below E.L. DISEASE -POLI CY LIMIT $ A Professional Liability DPS998 2 98 2 09 /01/21 09/01/24 Each Claim 1,000,000 Annl Aggr 1 ,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 , Additi onal Remarks Schedul e, may be att ach ed if more spac e is required) CERTIFICATE HOLDER City of Salina 300 w. Ash Street Salina , KS 67401 I ACORD 25 (2016/03) mwilksks 67694840 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHOR IZED REPRESENTATIVE USA ~ © 1988-2015 ACORD CORPORATION. All rights reserved . The ACORD name and logo are registered marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DD /YYYY) ~ 02/10/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Julie Durand NAME : Kramer Agency , Inc P.~~N.t c-•'-(785) 876 -2493 I FAX IAIC Nol : 106 Main Street PO Bo x 32 ~oMDA~~ss : julie@kramerins .com INSURERISl AFFORDING COVERAGE NAIC # Ozawki e KS 660 70 INSURER A : FARMERS ALLIANCE MUT INS CO 19194 INSURED INSURER B : M Squared Arch itects INSURER C : L. Michael McCall INSURER D : 922 S Marymount Rd INSURER E: Salina , KS 67401 INSURER F : COVERAGES CERTIFICATE NUMBER· REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURAN CE LISTED BEL OW HAVE BEEN IS SUED TO THE INSURED NA MED AB OVE FOR THE POLI CY PERI OD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM O R CONDI T ION OF AN Y CONTRACT O R OTHE R DOC UMENT WITH RESPE CT TO WIH IC H T HIS CERTIFICAT E MAY BE ISSUED OR MAY PERTAIN , THE INSURAN CE AFFORDED BY THE POLI C IES DESCRIB ED HEREIN IS SUBJE CT TO ALL TH E T ERMS , EXC LUSIONS AND CONDITIONS OF SUCH POLICIES . LIM ITS SH OWN MAY HAV E BE EN REDU C ED BY PAID CLAIMS . INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE •••<>n unm POLICY NUMBER IMM /DD/YYYYl IMM/DD/YYYYl x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000 ,000 -~ CLAIMS-MADE D OCCUR DAMAGE TO RENTED PREMISES !Ea occurrencel $ 50 ,000 MED EXP (Any one person) $ 5 ,000 -A BOP323 750BOP01 09 /06 /202 2 09/06/2 023 PERSONAL & ADV INJURY $ 1,000 ,000 -GE N'L AGGREGATE LI MIT APPLI ES PER : GENERALAGGREGATE $ 2 ,000 ,000 Fl D PRO-DLOC PRODUCTS -COMP/OP AGG $ 2 ,000 ,000 POLICY JECT OT HER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LI MI T $ !Ea accident! -ANY AUTO BODILY INJURY (Per person ) $ -OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY -AUTOS HIRED NON-OWNED rp~~~~~d~t?AMAGE $ -AUTOS ON LY -AU TOS ONLY $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLA IMS-MADE AGGREGATE $ DED I I RETE NTI ON $ $ WORKERS COMPENSATION I PER I I OTH - AND EMPLOYERS' LIABILITY STATU TE ER Y/N ANY PROPRIETOR/PARTN ER/EXECU TIVE D E.L. EAC H ACC IDE NT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes , describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTI ON OF OPERAT IONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 , Addit ional Remark s Schedu le, may be attached if more space Is requ ired) Arch itecture firm CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . City of Salina 300 W. Ash AUTHORIZED REPRESENTATIVE Salina , KS 67401 Julie K . Durand © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD