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HomeMy WebLinkAboutWWP273627 (9)11110.0q, of PUBLIC WORKS DEPARTMENT p CONCURRENCE M E M O R A N D UI M DATE„ DATE: November 1, 2013 -d c u F t l TO: Denis Law, Mayor � -- re4 4' i FROM: Gregg Zimmerman, Public Works Ad ' traWr_ - -_--- -- 5uV"'r� � STAFF CONTACT: Dave Christensen, Wastewater Utility �spQr. or, x7 12 John Hobson, Wastewater Utility Engineer, x7279 SUBJECT: Addendum No. 1 to Contract CAG-12-031: Consultant Contract for Engineering Services with RH2 Engineering during construction of the Misty Cove Lift Station Replacement Attached for your signature are two originals of Addendum No. 1 to the existing CAG- 12-031. This addendum is to provide construction services with RH2 Engineering, in the amount of $47,346.44, during the construction of the Misty Cove Lift Station Replacement. The Misty Cove Lift Station serves the neighborhood along Lake Washington and north of the Seahawks training facility. The existing lift station was constructed in 1973 and is at the end of its design life. Construction of the replacement lift station is scheduled to begin in late November of 2013. RH2 Engineering was selected from our approved 2012 Utility Systems Annual Consultant Roster under the General Engineering Category. The Wastewater Utility has sufficient funds for this contract under its Misty Cove Station Improvement project (426/465485) budget of $1,200,000. Also attached is the contract checklist and requisite forms needed by the City Clerk for the execution of this consultant agreement. Attachments cc: Lys Hornsby, Utility Systems Director File H:\File Sys\WWP - Waste Water\WWP-27-3627 Misty Cove Lift Station\Design\Misty Cove Lift Station Rehab Addendum 1 Memo to Mayor.doc\JHah Contract Number: (assigned by City Clerk) Select Type: ❑ Contract/Agr. ❑ Permit ❑ Lease ❑X Adden/Change Order Contract Type: (assigned by City Clerk) Staff Name: John Hobson Extension: 7279 Department/Division: PW/Utility Systems EDEN Queue: 05/007p Addenda/CO #: 1 to City Clerk's CAG #: 12-031 (if applicable) Expiration Date'. 12/31/2014 Contract Class: ❑ Receivable Z Payable ❑ Grant ❑ Misc. (no $) Contract Solicitation Method: Contractor Name: RH2 Engineering City's own City Consultant Roster on file w/City Clerk Short Description.' Misty Cove Lift Station Replacement Full or Additional Description: Consultant to provide Construction Services for Misty Cove Lift Station ReDlacement ❑X Legal Review (attach memorandum from City Attorney) ❑ Risk Management review for insurance (attach memorandum from Risk Management) ❑ Insurance certificate and/or policy (attach original) ❑ Response to legal or Risk Management concerns (explain, in writing, how concerns have been met) ❑ Performance bond and verification memo from staff (for Public Works type of contracts $35k & over only) ❑ Federal excluded parties list verification (Attach printout of search results from Website: www.epls.gov) X Active business license and Accounts payable W-9 vendor form? (obtain if not already on file with Finance Dept.) X❑ Yes ❑ No Submitted contracts are signed by contractor? If "No", provide explanation here: Fiscal Impact to City: ❑X Expenditure OR ❑ Revenue Amount Budgeted: (line item; see below'):$ 1,200,000 Amount of Attached (including tax) $ per year for _ years = Total Amount of Attached $ 47,346.44 Prior Council approval via agenda bill process required if: (see policy 250-02) ❑ Contract or addendum is $100k or over (non -Public Works) or $150k or over (Public Works). ❑ Contract expenditure amount exceeds budgeted amount; fund transfer needed. ❑ Interlocal Agreement (most Interlocal Agreements require Resolutions) Date of Council Approval: Resolution Number: NOTE: Mayor signs for the City, except that the Department Head may sign contracts: (if a Under $35,000 when for non -Public Works & Small Public Works Roster (SWR); applicable) (if applicable) Under $40,000 when for Public Works single craft non-SWR; and Under $65,000 when for Public Works multi -craft non SWR EXCEPT: Change Orders to PW contracts in any amount can be signed by Project Mgr IF within budget AND under Administrator's authorization. Key words for City Clerk's electronic card file: ~;f?rlrlt_Forfn Revised 8/16/2013 D City of RECEIVED CITY ATTORNEY MAY 2 '0 2010 M E M O R A N D UM CITY OF RENTON UTILITY SYSTEMS DATE: May 19, 2010 TO: Teresa Phelan, Administrative Secretary Public Works Department, Utilities Systems Division FROM: Lawrence J. Warren, City Attorney Staff Contact: Mark Barber, Senior Assistant City Attorney Telephone: (425) 430-6485 SUBJECT: Approval as to legal form of Template Addendum ADD-2010 Please be advised that I have reviewed the above -referenced Template Addendum ADD- 2010, and the same is approved as to legal form, and may be used in the future so long as there are no material changes or modifications to the standard form.. hA02 mark\public works --contracts and agreements\2010-05-19 memo approving addendum template add-2010 with continuing approval.doc FORM: ADD-2010 ADDENDUM NO. 1 ENGINEERING CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES for Misty Cove Lift Station, CAG-12-031 This Addendum is made and entered into this , day of by and between the City of Renton, hereinafter called the "City", and RH2 Engineering, Inc., whose address is, 22722 — 291h Drive SE, Suite 210, Bothell, WA 98021, hereinafter called the "Consultant". WITNESSETH THAT: WHEREAS, the City engaged the services of the consultant under Engineering Consultant Agreement CAG-12-031, dated March 7, 2012, to provide engineering services necessary for the Misty Cove Lift Station Replacement; and WHEREAS, the City desires to complete the work associated with the Misty Cove Lift Station Replacement, and the City does not have sufficient qualified engineering employees to perform the work within a reasonable time; and WHEREAS, the City and consultant have determined that additional services are required to complete the work items listed in Exhibit A Scope of Services under the original contract CAG-12-031, dated March 7, 2012; NOW, THEREFORE, in accordance with Section Vill Extra Work of the Master Agreement CAG-12-031, dated March 7, 2012, it is mutually agreed upon that Engineering Consultant Agreement CAG-12-031, is amended to include the work and associated budget as follows: The Scope of Work (Section I of the Master Agreement CAG-12-031) is modified to include the additional services on the attached Exhibit A. The Payment (Section VI of the Master Agreement CAG-12-031) is modified to include payment for the additional work items defined in Exhibit B. The revised contract total payable for work on this contract addendum is increased from $109,144.76, to $156,491.20, making a difference of $47,346.44. The maximum amount payable for the additional work items defined in Exhibit A of this contract addendum is $47,346.44, without prior authorization from the City. 3. The Time of Completion (Section V of the Master Agreement CAG-12-013) for the above referenced contract is extended until December 31. 2014. All other provisions of Consultant Agreement CAG-12-031 dated March 7, 2012, shall apply to this addendum. ADDENDUM 1 CAG-12-031.doc EXECUTION IN WITNESS WHEREOF, the parties have executed this Addendum No. 1 to ENGINEERING CONSULTANT AGREEMENT CAG-12-031 as of the day and year first above written. CONSULTANT '13 Sig t u r e Date Randy L. Asplund Type or Print Name Director Title CITY OF RENTON Mayor Denis Law Date Attest: Bonnie I. Walton, City Clerk ADDENDUM 1 CAG-12-031.doc EXHIBIT A Scope of Work Addendum No. 1 City of Renton Misty Cove Lift Station Services During Bidding and Construction Professional Engineering Services October 2013 PROJECT SCOPE Task 5 — Services During Bidding and Award Objective: Provide engineering sen-ices during the bidding phase of the project. Approach: 5.1 Prepare bid advertisement and coordinate the timing and placement of the bid advertisement with the CitA- of Renton (Cite). The Cite will submit the advertisement to the appropriate publications. 5.2 Produce one (1) electronic set and four (4) hard cop�7 color sets of plans and technical specifications one (1) set for City use and bidding purposes; and three (3) sets for RH2 I_ngineering, Inc. (RH2) files and staff use during bidding. Plan sheets will be provided on I I-inch-bv-17-inch sheets. 5.3 Respond to questions from bidders and revise construction plans, technical specifications, or project conditions during the bidding process if needed. This may include the preparation and issuance of up to two (2) addenda. 5.4 :assist the (--ltV- with the evaluation of the qualifications and references for the apparent low bidder. Prepare recommendation of bid award letter. Assumptions: Il r-r a.c,rulred Mal Plan .iws 11"ill -0/1.tiS/ Of 19 sheas niu.%7*111ul)l and thal the Q), u)ill p odllce hid docrrmenl .i,e/.t as needed %or /he purpose o/,/he Il is a'l:rnmed tbal the Cily /kill handle bid au)(ird and roaliacl exe liliorr. Provided by City: • Management of the Builder's L`.r-change online bidding process. • Distribution of bid documents and maintenance of the plan 11older's list, if applicable. • Bid opening attendance and tabulation of received bids. Liverables: Issuance of addenda, if am, to all contract document holders. RH2 • Bid plan sets: one (1) electronic set and one (1) hard copN-. • Phone assistance to vendors and bidders during the bidding phase. • Reference check of lowest bidder. • Preparation of recommendation of bid award letter. Page I of 3 10/28/2013 11:17:32 AM Z:\Bothell\Data\REN\112-047\00 Contracts and PM\Contract-City\Amend_No. 1-SOW-Misty Cove LS Replacement_SDB 8 SDC.docx City of Renton Exhibit A — Scope of Work Misty Cove Lift Station — Services During Bidding and Construction Addendum No. 1 Task 6 — Services During Construction Objective: Provide construction administration sen-ices during project constriction to support the Cite. As the engiicer of record, RH2 will provide periodic inspection of the construction to confirm that those elements of constriction that are obsen-ed by RH2 conform to the project plans and specifications. It is anticipated the Ciry will take die lead in inspection and construction administration and will handle day-to- day responsibilities. Approach: 6.1 Prepare for and attend a pre -construction conference and introduce the project team members from the contractor, City, RH2, special inspector, and impacted or adjacent utilities. Prepare an agenda and meeting minutes for the pre -construction conference. 62 Print and provide construction contract plans to the contractor and City. 6.3 Review shop drawings and submittals of those items requested in the technical specifications. Provide a written response to the contractor and Cin- for each shop drawing and submittal reviewed. 6.4 Provide part-time obsen-ation of the construction work in progress. RH2 will coordinate ,t7th the contractor and City inspectors to provide construction obsen-ation at critical stages of construction and as requested by the City. ,attend periodic progress meeting with Cin- staff and contractor at the project site. Prepare inspection reports for RH2 inspection. RH2 will not make exhaustive or continuous on -site inspections, but will visit the site during construction operations for approximately four (4) hours per week for a total of sixteen (16) weeks. During the visits, RH2 will keep the Cite informed of the progress of the work and may recommend rejection of the work if it fails to conform to the construction contract documents. The City_ will retain and coordinate with testing firm(s) for all special inspections. 6.5 Revie,,v written requests for information (RFIs) and change order proposals and provide written responses to the City-. 6.6 Assist City in ascertaining percent completion of the work as stated by the contractor and provide supporting information and nhiscellaneous construction administration. The City will be responsible for the review, approval, and processing of monthly- pat- requests. 6.7 Assist City with testing and startup of Gft station. Program remote telemetry unit (RTU) and verify proper operation at the time of startup. 6.8 Perform a site visit to develop a final construction punchfist for the project. Conduct an additional final inspection for each site with the contractor and the City to confirm satisfactory completion of punchlist items. Prepare a letter recommending project acceptance following completion of construction. 6.9 Revicxv and prepare change orders, if necessaty. Deliver to City for processing. 6.10 Review and comment on completeness and accuracy of Operation and Maintenance (O&tNI) manual for the lift station. The contractor will provide the O&NI manual to RH2 for.review. 6.11 Revise plans with as -built information received from the contractor and the Clt-. Provide one (1) hard copy (I I -inch-by-17-inch), one (1) hard copy of full-size mylars (black and white), and an electronic copy in PDF and AutoCAD formats to the City. Compile relevant final project Pace 2 of 3 10/28/1 1 11.17 ANI ZABothe11\Data\REN\1 12-047\00 Contracts and PNI\Contract-City\Amend_No. I_SOW-Misty Cove LS Replacement-SDB S SDCdocx City of Renton Exhibit A — Scope of Work Misty Cove Lift Station — Services During Bidding and Construction Addendum No. 1 documentation and deliver to City. Documents will include inspection reports, digital photos, and other documents described in this Scope of Work. Assumptions: C011,ill%((f1011 phase iern'ee_i (Ielh!ed aboi1,e are iwlieTb% 1/1 !!plane and depelid in pal on Me twilracl0/' an)arded the p10j('(l. IZI-12',i eslimale /'S based 11p011 an e.\peilenced and reasonable (will'aclor I eigo aii) lied Me 011.07(('l10/1 ('0llll'll('l. RH2 /'P('O171J11e111Li The CII) bI11%., f)e C7111011/il.f�lown 1!1 1he I'PP �;.t/IJIIC1le Ill,i Cl ('0/11111;P11O( CTIl10!(w The ('0/llill ell(')' Li weanl l0 ('Orel' addili01111f _ie/711('es 1� a 1110%e h1le w'Pe herd 0f obse17ll1110/1 and ('011,0-11(110/1 wppod I,i Il ('('e.i Sel/)(. Provided by City: • Project lead for construction inspection and administration. Retention of and coordination with testing firm(s) for special inspections. RH2 Deliverables: • Pre -constriction conference administration and documentation, including pre -constriction conference meeting agenda and nininutes. • Two (2) full -size -paper sets and four (4) half-size paper sets of plans for the contractor; two (2) full-size paper sets and two (2) half-size paper sets of plans for the City; and one (1) full-size paper set for RH2. • Constriction obsen-ation reports from site visits to be provided to the Cit - at weeklN- progress meetings. • Meetings and correspondence with the Cite and contractor, as needed, -within the budgeted hours identified in the Fee Lstinate. • Punclnlist following final inspection of each site. • I_,etter reconunending project acceptance. • One (1) set of full-size record drawings printed on molar. • One (1) set of half-size record drawings printed on bond media. • Record drawings in AutoC'AD 2012 DWG format, including external references. Prize 3 of 3 10/2$/13 11:17 AN] Z:\Bothell\Data\R[N\I 1--1-047\00 Contracts and PM\Contract-G(y\Amcnd_No. I_SO\1'_Mist\ Cove I-S Replacement-SDB & SDC.doca EXHIBIT B City of Renton Misty Cove Lift Station Replacement Addendum No. 1 - Services During Bidding and Construction Project Project Staff Engineer Staff Engineer Engr. .Senior Engineer Word Processor Description 71-f--)oal Manager Manager Geologist Huuaa Total labor Subconsltant Expense Total C laSslheatten VII P,r0%s,unal VII t'rol—serial II i'r, it++ssinnal PrpleSSlpnal VI Prnte—onal VII Adrmnist,afi— III Task 5 Services During Bidding and Award 5.1 Prepare Bid Advertisement 1 1 2 $ 3f0 $ $ - $ 310 5.2 Produce Bid Documents 1 16 8 '. 26 $ 2.917 S - $ 370 $ 3,287 5.3 Respond to Ouestiorts Irom Bidders 6 8 18 $ _ _2_.909 $ _ - $ $ 2,909 5 4 Prepare Recommendation of Award Letter 1 1 2 $ 310 $ S $ 31 D Subtotal 9 24 8 2 5 46 S 6,447 S $ 370 S 6,817 Task 6 Services During Construction 6.1 Prepare for and Attend Pre construction Meeting 6.2 Print Construction Plans 6..1 Review Submittals aril Shop Drawings 64 Provide Part-time Inspection and Attend Protect Meetings 6.5 Assist with RFI Review 6.6 Review Pay Requests 6.7 Assist with Testing and Startup 68 Perform a Site Visit to Develop Purichtist 6.9 Review Change Orders 6.10 Review Od,M Manual 6.11 Revise Plans with As -built Information 4 6 3 2 1 3 4 1 4 16 ? 2 ' 8 64 8 4 8 4 4 2 2 2 4 I 8 :'P 12 2 5 t 2 2 1 4 2 4 i G 1 h 9 26 92 16 _ 7 50 - 6 _ 7 _ 5 23 $ 2,052 $ 1.034 $ 3.806 $ 12,501 $ _ 2.604 $1,001 $—_ - 9,725 _$ _ 1.218 $ _ 957 $-^ 690 $ 2,667 $ $ S $ $ __. $ - $ _ _ _ __ $- $ .-- -- $_ _ S _ $ 130 $ 635 $ 45 $ 452 $_ 56 S • S 2.191 $ _ , _ _ Iy869 $ _ 3.851 $ 12,953 S _ __-_2,859 S 1,001 S 113 $ 28 $ 55 $ $ 913 $ _ 0.838 S I $ -__-_ 1,012 $ 690 $ 3,419 Subtotal 41 28 119 27 12 8 21 256 1 S 38,095 S S 2,435 S 10,530 PROJECT TOTAL 1 50 28 143 35 12 10 26 1 304 1 $ 44,541.69 1 $ - 1 $ 2.804.75 1 $ 47.346.44 Department of Community and Economic Development Electrical Permit: E14001987 IVR Number: 14001987 Permit Name: MISTY COVE LIFT STATION -100 AMP SERVICE AND PUMP STATION Address/Location: 5021 RIPLEY LN N Parcel Number: 5561550000 Application Date: 04/16/7-014 Permit Type: Electrical Commercial Total Valuation: $37,000 Issue Date: 04/16/2014 Permit Work Gass: Alteration % Expiration Date: 04/16/2015 Description: MISTY COVE LIFT STATION -100 AMP SERVICE AND PUMP STATIQ:N Billing Type Name Address Phone X Contractor LOREN DORRAH PO BOX 13705 B: (425) 481-8260 ADVANCED POWER LLC MILL .CREEK, WA 98082 Electrical Contractor: ADVANPL9010B Business License Number: BL.033444 _ X Owner City of Renton 1055 S GRADY WAY B: (425) 430-6500 - Permission Is hereby given for the work described on this permit according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinance of the City of Renton. - This permit and plans must be posted at the job site at all times. - I hereby certify that no work is to be done except as described above and in approved plans, and that work is to conform to Renton codes and ordinances. - Call (425) 430-7202 one working day n advance for insp ons and for ANY work in the Right of Way. - Call 8 11 to locate undergroundLeseast t fu I bu iness days for to any excavation . (Signature) (Date) THIS PERMITAND PLANS MUST BE POSTED ATTHE 10B SITE ATALLTIMES Page 1 of 2 -lit of Community and --= -.,- City of inic Development Electrical Permit: E14001987 IVR Number: 14001987 inspections CCall 425) 430-7202 to schedule an oncrinspection. l: - Do not cover until approved. - Call before work is concealed or cete poured. - Do not occupy until final inspection is complete. - Do not pour concrete until approved. - Final inspection is required. Number Description Date Inspector Comments 219 Temporary Power Inspection 222 Electrical - Slab Inspection-- 220 Electrical Underground Inspection 223 Electrical Rough -In Wall Cover Inspection 228 Electrical Rough -In Ceiling Cover Inspection 274 New, Altered Circuits Inspection - 273 Feeder Inspection — 227 276 Electric Service Inspection Lighting Retrofit 224 Fire Alarm Wiring Inspection — 226 Fire Alarm Panel Inspection i -- --- - ---___ _- 229 Other Electrical Inspection -, 200 Electrical Final Inspection M THIS PERMIT AND PLANS MUST BE POSTED AT THE JOB SITE AT ALL TIMES Page 2 of 2 ADMINISTRATIVE SERVICES DEBT p o ,���jh'j\°��'S/�� _�`j 00 �UG� VOGX� ?"� S: City Clerk Office RECEIVED M E M O R A N D U M �1nv 09 ?013 DATE: November 6, 2013 CITY OF RENTON TO: John Hobson, PW-Utilities UTILITY SYSTEMS FROM: �r,JSandi Weir, Records Management Specialist 1 SUBJECT: CAG-12-031, Adden #1-13 — RH2 Engineering The attached document has been fully executed and is being returned to you. The City Clerk has retained an original for the file. Thankyou! Attachment PUBLIC WORKS DEPARTMENT p e it ' M E M O R A N D U M DATE: November 1, 2013 TO: Denis Law, Mayor FROM: Gregg Zimmerm2�Zublic Works Administrator STAFF CONTACT: Dave Christensen, Wastewater Utility Supervisor, x7212 John Hobson, Wastewater Utility Engineer, x7279 SUBJECT: Addendum No. 1 to Contract CAG-12-031: Consultant Contract for Engineering Services with RH2 Engineering During Construction of the Misty Cove Lift Station Replacement Attached for your signature are two originals of Addendum No. 1 to the existing CAG-12-031. This addendum is to provide construction services with RH2 Engineering, in the amount of $47,346.44, during the construction of the Misty Cove Lift Station Replacement. The Misty Cove Lift Station serves the neighborhood along Lake Washington and north of the Seahawks training facility. The existing lift station was constructed in 1973 and is at the end of its design life. Construction of the replacement lift station is scheduled to begin in late November 2013. RH2 Engineering was selected from our approved 2012 Utility Systems Annual Consultant Roster under the General Engineering Category. The Wastewater Utility has sufficient funds for this contract under its Misty Cove Station Improvement project (426/465485) budget of $1,200,000. Also attached is the contract checklist and requisite forms needed by the City Clerk for the execution of this consultant agreement. Attachments cc: Lys Hornsby, Utility Systems Director File H:\File Sys\WWP - WasteWater\WWP-27-3627 Misty Cove Lift Station\Design\Misty Cove Lift Station Rehab Addendum 1 Memo to Mayor.doc\JHah '41 h® CERTIFICATE OF LIABILITY INSURANCE 10/8/2013' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sammamish Insurance, Inc. 704 228th Ave NE, PMB 373 Sammamish WA 98074 CONTACT Allen Fll itt CPCU NAME: g PHONE (42cJ)898_8780 FAC No: (425)836-2865 ApMAILDOEss Allen Fugitt@msn.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:HartfOrd Casualty Ins. Co. 29424 INSURED RH2 ENGINEERING INC 22722 29TH DR SE STE 210 BOTHELL WA 98021 INSURER B:Sentine 1 Insurance Co. , Ltd 11000 INSURERcContinental Casualty Company INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBERCL1371802277 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INS WV POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTurrenceED PREMISES Ea occ S 300, 000 A CLAIMS -MADE OCCUR $ 52SBANM5475 8/16/2013 /16/2014 MED EXP(Any one person) S 10,000 PERSONAL & ADV INJURY S 2,000,000 GENERAL AGGREGATE S 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 4,000,000 X POLICY PROi F LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident S 1,000,000 BODILY INJURY (Per person) S B ANY AUTO BODILY INJURY (Per accident) S ALL OWNED F;;-�71SCHEDULED X 52UECHY3821 /16/2013 AUTOS AUTOS X PROPER cidentDAMAGE S X NON -OWNED [/16/2014 HIRED AUTOS AUTOS Medical paVments S 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 2,000,000 AGGREGATE S 2,000,000 A EXCESS LIAB CLAINIS-10ADE DIED RETENTIONS S 2SBANM5475 8/16/2013 /16/2019 A A00M(XXKXWIIR�M)0A K W'C ATU- OTH- YST1 T X ER )(AP( EMPLOYERS' LIABILITY Y/ N E.L. EACH ACCIDENT S 11000,000 ANFICER/MEIMBOER PROPREXCLUDED? ECUTIVE OF [F] (Mandatory In NH) N / A 2SBANM5475 8/16/2013 /16/2014 E.L. DISEASE - EA EMPLOYE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 C Professional Liability H004312321 /29/2013 /29/2014 Per Occurrence $2,000,000 Claims Made Deductible $150,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) The City of Renton is named as an additional insured. Coverage is Primary and Non -Contributory. Project: Misty Cove Lift Station iha:4luuh_1 City of Renton 1055 South Grady Way Renton, WA 98055 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Fugitt CPCU/JONA ACORD 25 (2010/05) INS025 nninn5i n1 ©1988-2010 ACORD CORPORATION. All rights reserved. Tho a( eliOn nmmo and Innn 2ro ronictororl mnr4c of a( OPn POLICY NUMBER: 52 SBA NM5475 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION THE CITY OF SEATTLE IT'S EMPLOYEES AND AGENTS AS ADDITIONAL INSUREDS RISK MANAGEMENT DIVISION 700 5TH AVE, SUITE 4350 P.O. BOX 94669 SEATTLE, WA 98124-4669 CITY OF RENTON 1055 S GRADY WAY RENTON, WA 98055 THE TOWN OF EATONVILLE PO BOX 309 EATONVILLE, WA 98328 CITY OF BELLINGHAM 210 LOTTIE ST BELLINGHAM, WA 98225 WASTE MANAGEMENT 1821 180TH ST. SE BOTHELL, WA 98012 CITY OF BONNEY LAKE P.O. BOX 7380 BONNEY LAKE WA 98390 ATTN: JOHN WOODCOCK CITY OF RICHLAND 505 SWIFT AVENUE RICHLAND, WA KING COUNTY HOUSING AUTHORITY 625 ANDOVER PARK WEST SUITE 107 TUKWILA, WA 98188 Form IH 12 00 11 85 T SEQ. NO. 003 Printed in U.S.A. Page 001 (CONTINUED ON NEXT PAGE) Process Date: 0 7 / 01 / 13 Expiration Date: 0 8 / 16 / 14 CITY OF RENTON INSURANCE INFORMATION FORM PROJECT NUMBER: STAFF CONTACT: Certificate of Insurance indicates the coverage/limits x Yes No specified in contract? Are the following coverages and/or conditions in effect? Yes No The Commercial General Liability policy form is an x Yes No ISO 1993 Occurrence Form or Equivalent? (If no, attach a copy of the policy with required coverages clearly identified.) CG 0043 Amendatory Endorsement provided?* _ Yes x No General Aggregate provided on a "per project basis (CG2503)? _ Yes x No Additional Insured wording provided?* _s Yes No Coverage on a primary basis and non-contributing basis? _x Yes No Waiver of Subrogation Clause applies? _ x Yes No Severability of Interest Clause (Cross Liability) applies? x Yes _ No Notice of Cancellation/Non-Renewal amended to 45 days'? x Yes No * To be shown on certificate of insurance AM BEST'S RATING FOR CARRIERS: GL A+XV Auto A+XV Umb A+XV Professional AXV This Questionnaire is issued as a matter of information. This questionnaire is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies indicated on the attached CERTIFICATE OF INSURANCE. The CITY OF RENTON, at its option, shall obtain copies of the policies and/or specific declaration pages FROM awarded bidder/proposer prior to execution of contract. Sammamish Insurance, Inc Agency/Brokcr 704 228`h Ave NE. PMB 373, Sammamish, WA 98074 Address Allen H Fugitt Completed, y (Type or FrintName) Completed By (Signature) l _ Allen H. Fugitt 425-898-8780 Name of person to contact Telephone Number NOTE: THIS QUESTIONN.4IRF_ AIUST BE COMPLETED AND ATTACHED TO CERTIFICATE OF INSURANCE Water & Wastewater Systems SCADA Upgrade QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM A. COVERAGES Business Liability Medical Expenses Coverage Extension - Supplementary Payments B. EXCLUSIONS C. WHO IS AN INSURED D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE Beginning on Page 1 1 2 2 3 10 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 3. Financial Responsibility Laws 4. Legal Action Against Us 5. Separation Of Insureds 6. Representations 7. Other Insurance 8. Transfer Of Rights Of Recovery Against Others To Us F. OPTIONAL ADDITIONAL INSURED COVERAGES Additional Insureds G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 14 15 15 15 16 16 16 16 16 17 18 18 20 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and 'bur" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for 'bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided -for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily injury' and "property damage" only if: (a) The "bodily injury' or "property damage" is caused. by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an 'occurrence" or claim, knew that the 'bodily injury' or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the 'bodily injury' or "property damage" occurred, then any continuation, change or resumption of such 'bodily injury' or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury' caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory' during the policy period. c. "Bodily injury' or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury' or "property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM f (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. MEDICAL EXPENSES Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or "suit" we investigate or settle, or any "suit" against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do, not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. (5) All costs taxed against the insured in the "suit'. (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the limits of insurance. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" and an indemnitee of the .insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense B. of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to (i) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. — Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability (1) "Bodily injury" or "property damage"; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attomeys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract", and (ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The fumishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing, alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business, or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (i i) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b)_ At or from_ any premises, site or __ _ (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor; or as waste by or for: (iii) "Bodily injury" or "property (i) Any insured; or damage" arising out of heat, smoke or fumes from a (ii) Any person or organization for "hostile fire"; or whom you may be legally responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on operations if the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, "pollutants". connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants"; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes i. War operation and "loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused, arising, directly or indirectly, out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or (1) A watercraft while ashore on premises defending against any of these. you own or rent; j• Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured "bodily instruction for the purpose of has any other insurance for such "property appearance or skin enhancement, hair injury" or damage", whether removal or replacement or personal the other insurance is primary, excess, contingent or on any other basis. grooming; h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of "mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured; or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear. piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10) Services in the practice of pharmacy; and (11) Computer consulting, design or programming services, including web site design. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. - Coverages. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was. incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D. - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". I. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mailaddress, by or at the direction of the insured; domain name or metatags, or any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use "advertising (11) Arising out of the violation of a another's idea" in your "advertisement"; person's right of privacy created by any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your "advertisement"; such state or federal act; (6) Arising out of the wrong description of (12) Arising out of: the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images; or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (i) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement' or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- trust law; (14) Arising out of the fluctuation in price or value of any stocks, bonds or other securities; or (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. q. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". r. Employment -Related Practices "Bodily injury" or "personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation„ reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to the person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Anse out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t. Violation Of Statutes That Govern E- Mails, Fax, Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co - "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment' registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally " personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any 'occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) 'Bodily injury" or "property damage" included within the "products - completed operations hazard". f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or: explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or in of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is .brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is - available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following Declarations. additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations performed by - or on behalf of such premises; or person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations Subdivision — Permits performed by or on behalf of such person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution on or roe damage" (2) "Bodily injury" "property p p g or sale by you, have been labeled included in the "product -completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured —Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or "property damage" included within the (ii) Such inspections, "products -completed operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured — Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured — Co -Owner Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with respect to their liability as co-owner of the premises shown in the Declarations. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; C. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage; or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render professional services, including those f. Vehicles not described in a., b., c., or d. listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment" but firm, to perform duties related to the conduct of will be considered "autos": your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a "temporary worker". gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for: property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or "auto"; (c) Street cleaning; b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where it is workers; and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft, watercraft or "auto". well servicing equipment. 15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product'; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of.others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 24 of 24 Form SS 00 08 04 05 AGENDA BILL SCHEDULE AGENDA BILL TITLE Y1n�51�1 ��se L�Sr��air.��0►-� I,�� �� PREPARED BY: 1�. c or (� Extension: i a L :�L DEADLINE/DATE ACTION GREGG'S SIGNATURE Ala TRANSMIT TO CLERK VIA Electronic Agenda Bill Process COUNCIL MEETING DATE Referred to Committee COMMITTEE MEETING DATE (e-mail Committee Report to Teresa who will final it and send it up to Julia) COMMITTEE Time: Place: COUNCIL MEETING REPORTED OUT USA\17\Misc Form s\AB-Schedule\tp CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: For Agenda of: March 5, 2012 Dept/Div/Board.. Public Works/Utility Systems Agenda Status Staff Contact...... Dave Christensen, x7212 Consent .............. X Public Hearing.. Subject: Corresponden ,;,;y "URRh Engineering Consultant Contract Agreement with RH2 Ordinance....... .... DATA _ Engineering, Inc for Design Services for the Misty Cove Resolution...... .. NAME INITi Lift Station Replacement Project Old Business....... New Business..... Exhibits: Consultant Contract Study Session Information... Recommended Action: Council Concur Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $109,144.76 Transfer/Amendment....... Amount Budgeted....... $150,000.00 Revenue Generated......... Total Project Budget $150,000.00 City Share Total Project.. SUMMARY OF ACTION: The Wastewater Utility requires engineering consultant services to design the replacement of the Misty Cove lift station located just north of the Seahawks' facility, along Ripley Lane North. The contract covers review of existing and proposed future uses in the service area for the lift station. A site analysis, including evaluation of co -locating this facility with the Misty Cove Condominium complex will also be included. Funding for this contract in the amount of $109,144.76 is available from the approved 2012 Capital Improvement Program Misty Cove Lift Station Replacement budget (426.465485). RH2 Engineering, Inc. was selected from the approved 2012 Utility Systems Annual Consultant Roster to perform this work. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the consultant agreement with RH2 Engineering, Inc., in the amount of $109,144.76, for engineering services for the Misty Cove Lift Station Replacement project. )ATE 9, z H:\File Sys\WWP - WasteWater\WWP-03-0000 Correspondence - Wastewater\DaveC\2012 Correspondence\Misty Cove LS RH 2 Eng Contract AB.doc/DMCtp CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: For Agenda of: March 5, 2012 Dept/Div/Board.. Public Works/Utility Systems Agenda Status Staff Contact...... Dave Christensen, x7212 Consent .............. X Public Hearing.. Subject: Correspondence.. Engineering Consultant Contract Agreement with RH2 Ordinance ............. Engineering, Inc for Design Services for the Misty Cove Resolution............ Lift Station Replacement Project Old Business........ New Business....... Exhibits: Consultant Contract Study Sessions...... Information......... Recommended Action: Council Concur Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $109,144.76 Transfer/Amendment....... Amount Budgeted....... $150,000.00 Revenue Generated......... Total Project Budget $150,000.00 City Share Total Project.. SUMMARY OF ACTION: The Wastewater Utility requires engineering consultant services to design the replacement of the Misty Cove lift station located just north of the Seahawks' facility, along Ripley Lane North. The contract covers review of existing and proposed future uses in the service area for the lift station. A site analysis, including evaluation of co -locating this facility with the Misty Cove Condominium complex will also be included. Funding for this contract in the amount of $109,144.76 is available from the approved 2012 Capital Improvement Program Misty Cove Lift Station Replacement budget (426.465485). RH2 Engineering, Inc. was selected from the approved 2012 Utility Systems Annual Consultant Roster to perform this work. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the consultant agreement with RH2 Engineering, Inc., in the amount of $109,144.76, for engineering services for the Misty Cove Lift Station Replacement project. H:\File Sys\WWP - WasteWater\WWP-03-0000 Correspondence - Wastewater\DaveC\2012 Correspondence\Misty Cove Ls RH 2 Eng Contract AB.doc/DMCtp EV� 2012 • ORIGINAL ( PAGE NOJ --OFd(PAGES ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and RH2 Engineering, Inc. whose address is 22722 29th Drive SE, Suite 210, Bothell, WA 98021 at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Misty Cove Lift Station Replacement WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: Page 1 of 15 Piazza/ Data_Center/Forms/City/Contracts E1"2012 ORIGINAL —(PAGE N0a OFo2C,zPAGES 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and S. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. Page 2 of 15 Piazza/Data_Center/Form s/City/Contracts E1"2012 - ORIGINAL ) PAGE NO 3 OFF& PAGES IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed $109,144.76 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this Agreement. Page 3 of 15 Pia zza/Data_Center/Form s/City/Contracts ET-, 2012 , ORIGINAL-1--PAGE N0 OE2, PAGES The overhead costs as identified on Exhibit C are determined as 186.16 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants. The direct non -salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be 12.00 percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. Page 4 of 15 Piazza/Data_Center/Form s/City/Contracts Er=2012 , ORIGINAL i PAGE NO '11� OF­?LPAGES Vn CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sexual orientation, sex, age or handicap except for a Page 5 of 15 Piazza/Data_Center/Forms/City/Contracts E 1-2012 ORIGINAL (,PAGE Nob OFa(,PAGES bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred.by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of -this project, shall be without liability or legal exposure to the Consultant. Page 6 of 15 P is zza/Data_Cente r/ Form s/City/Contra cts E 2-2012 ORIGINAL [ PAGE NCO 0F';2COPAGES Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Public Works Administrator or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County at the Maleng Regional Justice Center in Kent, Washington. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. No Limitation A. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Page 7 of 15 Pia zza/Data_Center/Forms/City/Contracts E1-2012 , ORIGINAL-J-PAGE NO 8 0R:b PAGES B. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. C. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: I. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. D. Other Insurance Provision The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. G. Notice of Cancellation The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. Page 8 of 15 Piazza/Data _Center/Forms/City/Contracts ET-2012 ' ORIGINAL-J—PAGE NO q OFo2& PAGES H. Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. Page 9 of 15 Piazza/Data_Center/Forms/City/Contracts Ei-2012 ' ORIGINAL J_PAGE NO 10 OFF &PAGES XVll EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSULTANT Signatu Date Randy L. Asplund type or print name Vice President Title CITY OF RENTON Mayor ATTEST: Bonnie I. Walton, City Clerk Date Page 10 of 15 Pia zza/Data_Center/Forms/City/Contracts ORIGINAL( —PAGE NOJLOF,2& PAGES EXHIBIT A Scope of Work City of Renton Misty Cove Lift Station Replacement February 2012 Background The Misty Cove lift station is located on the Nest Side of Ripley Lane North near the entrance to the Misty Cove Condominiums complex. The station serves the lakefront properties west of the railroad tracks and north of the Seattle Seahawks Training Facility. This facility is a duplex, stacked dry/wet well lift station drat uses dry pit vacuum pumps. The lift station force main discharges to the Baxter Lift Station, which is owned and operated by the City of Renton (City). A new access hatch was installed in 2004 to unprove accessibility however, the location of the lift station makes it difficult to access and maintain. The existing lift station does not meet the current City standards for service and reliability. The lift station is scheduled to be replaced in 2013 and the City has tasked RH2 Engineering, Inc., (RH2) with identifying the best alternatives for replacing the complete lift station and force main. The Misty Cove Condominium Association (Condo Association) owns a private lift station that collects waste and pumps it directly to King County. It may be possible to combine the two lift stations into one lift station owned and operated by the City on the condominium property. Use of the Condo Association force main to King County will be considered to replace the aging force main to the Baxter Lift Station. RH2 will begin this project with a design report that evaluates the best alternatives for replacement of the lift station and the feasibility of combining the lift stations. Task 1— Preliminary Design Objective: Obtain the necessary construction records and survey information for both the City -owned lift station and the privately owned lift station that will be used to determine the best location for replacing the Misty Cove lift station. Analyze the possibility of locating the City's lift station within an easement on the Condo Association property. Determine the size of the pumps, structures, and power supply as well as maintenance and design requirements for the proposed replacement lift station. Determine if the existing force main pipe for the Condo Association lift station can be used as the proposed force main for the proposed lift station. Prepare a design criteria outline report to be used to complete the final design. Approach: 1.1 Survey Acquire accurate, to date, electronic topographic survey data, including invert piping elevations and existing manhole and piping locations within the Condo Association complex and the existing lift station easement, pothole and survey force main depth and diameter for Condo Association at railroad right-of-way. Survey costs for this location are included in this Scope of Work. It is assumed that the City will provide assistance in locating and excavating the force main, as well as call in the One Call locate. • Coordinate with Roth Hill, Inc., (Roth Hill) to sunvev the project area as defined in Exhibit D. Roth Hill will be working for RH2 as a subconsultant. Roth Hill will provide a topographic survey of project site that identifies 1-foot contour intervals, site utilities, neighboring property 1 2/8/21112 4.48:u1 PAI Z:ABothell\Data\Rl',N\S411\21112 \Lstc Core LS Contract\Scope of \Cock- Misty Core IS Drsign.docx ' ORIGINALJ_PAGE NO�OF� PAGES City of Renton Exhibit A Misty Cove Lift Station Replacement Scope of Work lines, easements, existing surfacing conditions, existing vegetation, location of City -owned and Condo Association lift station, location of all force mains and gravity sewer lines within the survey area boundaries identified in Exhibit D. • Review existing topographic survey information on -site and update sun ey drawing based on on - site review. 1.2 Analyze Combined Lift Station Feasibility Analj-ze construction records and survey data to determine if a combined lift station on the Condo property is feasible. Make a recommendation to the City if further pursuit of a combined lift station is favorable or not. If not favorable, RH2 will continue the predesign report based on an alternative site outside Condo Association property boundaries. 1.3 Preliminary Plans for Condo Association Meetings Assuming a combined lift station is feasible; prepare preliminary layout drawings for the proposed combined lift station to be used for meetings with the Condo Association. The preliminary layout will identiftif proposed sizes for pumps, wet well, pipe, overflow structure, above -grade electrical equipment, and best practice for odor control mitigation. Attend two meetings with the City and the Condo Association to discuss the project and gain approval for the project as a combined effort. It is assumed the City will take the lead on this effort with the Condo Association and RH2 will support the City as necessary with design data and preliminary' plans. 1.4 Geotechnical Investigation Prepare a soil report using information obtained from subsurface exploration at the selected project site, including one 30-foot-deep boring. Review available soil information, and perform a near -site geologic reconnaissance. The soil report will identify- soil -bearing capacity, grain size analysis, seasonal moisture content, strength and compressibility, presence and depth of groundwater, estimated groundwater discharge rates, and UBC seismic coefficient. Compare results with index testing performed at other sites where more extensive laboratory testing has been done. Correlate the engineering index to provide a basis for the selection of engineering parameters. Develop design criteria, including construction and final slope data, access requirements, site drainage, dewatering requirements, shoring requirements, estimated over -excavation depths, foundation elevations, backfill and compaction requirements, and recommendations for subgrade preparation and backfill. Present the results of this task in the design criteria outline report. 1.5 Budget -level Construction Cost Estimate Prepare a budget -level construction cost estimate for the proposed improvements identified in the preliminary plans. 1.6 Design Criteria Outline Report Prepare a design criteria outline report for City review and approval. The design criteria outline report will be used for the design phase of the project. 1.7 Telemetry/SCADA Requirements Evaluate requirements at lift station to meet the new telemetry/SCADA standard. Discuss improvements in the design criteria outline report. 2/8/12 4: i8 I'M L:\Bothell\Data\RFN\S4n\2n12 \lists Cone US Contract\Scope ofWork- Misty Cove 1 S Design.docn ORIGINAL_L—PAGE NOj 3 OFF PAGES City of Renton Exhibit A Misty Cove Lift Station Replacement Scope of Work 1.8 Easement/Property Acquisition Determine additional easement or property requirements (if any) needed for the proposed lift station. Provide drawings and maps as required to assist the Cite. Negotiation of additional easements and property is to be performed by the City. It is assumed that the City will negotiate with property owners and RH2 will provide support. Assumptions: • A basin ana/ysis is not reglllred The lift station )Mill be designed to 17TP.e-t el"Zstlrlg tvaeletvatel; f/0111 l'011dZjlo/1J. • The proposer/ /f/ slajlon will be a slandard dlole-v .fl blve1J1b% ZUel )Ve// station will) a w Ile mll/I and aboUe- grade electrical egllipnlen . The design Scope o f I rlork- and Estimate of ' Tinte and E.%pense may be adjusted as necessag if the /ift station corl/igllration changer as a resldt of the predesign effol7. • The City will lead all Negotiations with properly onviers for additional easement, and proper�l acgllistions. Provided by Renton: • Potholing assistance during sun, ey and geotechnical investigation. • Assistance with contacting One Call services prior to the geotechnical and survey work. RH2 Deliverables: • A contract with Roth Hill that meets RH2's survey standards for topographic surveys in AutoCAD® format. Roth Hill will provide AutoCAD® electronic survey data via email and one hard copy to RH2. One electronic copy of the AutoCAD® survey files (DWG and PDF format) will be provided to the City. • Preliminary plans and exhibits for meetings with the Condo Association. • Preliminary plans and exhibits for acquiring property or easements for proposed improvements. • Budget -level construction cost estimate. • Final design criteria checklist. Task 2 — Final Design Objective: Prepare construction plans for the competitive bidding of the replacement of MiSry Cove lift station. Approach: Develop plan sheets for the proposed replacement lift station and force main. Nineteen plan sheets are anticipated and will include the following: • Cover and Vicinity Map • General Project Information • Existing Site Plan • Proposed Temporary Erosion Control Plan • Proposed Site and Utility Plan • Proposed Mechanical Improvements • Mechanical Details • Proposed Structural Improvements 3 2/8/12 4:38 PAI L:ABothell\Data\REN\S40\2012 Dlisty Cove IS Contract\Scope of %Cork- Mists Covc IS Desip.do, ORIGINAL I PAGE NO ►`i OF�2C_ Ciry�of Renton PAGES Exhibit A Misty Cove Lift Station Replacement Scope of Work • Structural Details • Proposed Electrical One -line Diagram and Schedules • Proposed Electrical Improvements • Electrical Details • Proposed SCADA Improvements • Gravitj- Sewer Plan Sheets (2) • Lift Station Demolition Plan • Force main Plan and Profile (2) 2.1 60-percent Cover and General Information Sheet Prepare 60-percent complete cover and general information sheet. 2.2 60-percent Site and TESC Plans Prepare 60-percent complete existing and proposed site plans indicating all site improvements to the lift station facility, including construction staging areas, shoring, dewatering, landscaping, grading, paving, and security- lighting. Minimize construction impacts where possible. Optimize construction costs in design where possible. Prepare TESC plan for implementation during the construction. 2.3 60-percent Utility Plans Prepare 60-percent complete detailed design plans for site utilities including power, telemetry, gravity sewer, and storm water. Prepare detailed design plans for offsite utilities including connections to the existing force main if the force main is reused. 2.4 60-percent Structural Plans Prepare a detailed structural design for the lift station wet well and valve vault based on current UBC standards and soils report recommendations. Design exterior station access for personnel, interior level access, and a pump removal system. Provide and document buojrancy calculations for the wet well and valve vault. Prepare detailed structural design of seismic restraint for major equipment and access catwalks. Identify- shoring and dewatering requirements in the specifications. 2.5 60-percent Mechanical Plans Prepare 60-percent complete major and minor mechanical plans including pump, major piping, minor piping, and accessories. Accessories may include vents, pressure gauges, water service, and odor control facilities, as selected during the preliminary design. 2.6 60-percent Electrical and SCADA Plans Prepare 60-percent complete electrical and SCADA plans, including upgrade of telemetry/SCADA to meet new City standard. 2.7 60-percent Force Main Plans Prepare detailed design of force main that shows both plan and profile. This task will be deleted from the Scope of Work if the existing force main can be reused. 4 2/8/12 4:38 Pill ZABothe11\Data\RI?N\S44)\2it12 \lists Coco US Contract\Scope of \N ork- \fish Cove IS Design. doer ORIGINAL ( PAGE NO,j_S_OF)*PAGES City of Renton Exhibit A Misty Cove Lift Station Replacement Scope of Work 2.8 60-percent Design Submittal and Meeting Submit the 60-percent design, in PDF format, to the City for review. Attend one review meeting with the City. Following meeting, incorporate 60-percent review comments from the City into the design plans. 2.9 90-percent Demolition Plan Develop demolition plan for both of the existing lift stations' structural, mechanical, and electrical components. Develop interun service plan and procedures for the impacted service area. 2.10 Final Project Details Develop final project details as required to complete the proposed design. Incorporate the final project details into the 90-percent design submittal. 2.11 In-house Quality Control Review Perform an in-house quality control review of the plans and specifications prior to the 90-percent complete submittal. Incorporate the review comments into the 90-percent design submittal. 2.12 90-percent Design Submittal and Meeting Submit finished plans (90-percent complete design) to City for review consisting of one electronic cop), in PDF format and two half-size drawing sets. Attend one review meeting with the City. 2.13 Final Design Plans Based on final review comments from the City, prepare final plans and details for competitive bidding of the proposed project improvements. 2.14 Engineer's Construction Cost Estimate Prepare bid quantities and an engineer's construction cost estimate based on the final plans. Develop schedule of prices and payment requirements. Assumptions: • The _ nal design Scope o f Vork is based on the assumption that combining 1he existing Ci y-owned lift station and the Condo Association lift station will be 1he preferred alterrzath)e. The Scope of Irlork and Estimate of Time and Expense may need to he adjusted if an altenzative solution is preferred • The_ final design Scope of lVozk is based on tl)e assumption that KH2 will not be replacing 1he, force main from 1he existing Aisiy Cone lift station to the Baxter lifl station. This task- can be added to the Scope of Irlork and Estimate of Time and Expense f i! is determined necessary daring the predesign. RH2 Deliverables: • 60-percent review plans. • 90-percent review plans. • Engineer's estimate for final review. Task 3 — Technical Specifications Objective: Develop project specifications to accompany construction plans. 5 2/8/12 4:38 I'M %:ABothell\Data\REN\S411\2u12 Misty Covc LS Contract\Scope of VX"ork- Misty Cove IS Desibm.docs ORIGINAL ( PAGE NO�OF�(�PAGES City 'of Renton Exhibit A Misty Cove Lift Station Replacement Scope of Work Approach: 3.1 Technical Specifications Prepare technical specifications for specified equipment, materials and construction tasks using RH2 technical specifications tailored for this project. 3.2 Assist with Standard Specifications and General Conditions Coordinate with the City to update the standard specifications and general conditions as warranted for this project. 3.3 Document Review Prepare review documents and address City- comments. Assumptions: • R142 n)ill rei)iew the epetVicalion coniineiils /iom the City at the scheduled meeting to rer.�ieiv the 90 j�erceiit complete rei)iew set under Task 2. Provided by Renton: • Standard specifications and general conditions for review with project. RH2 Deliverables: • Two sets of draft specifications, to be provided at 90-percent plan revie\w. Task 4 — Permitting Assistance Objective: Assist the City \with permitting requirements for the construction of the project. Approach: 4.1 SEPA Compliance Provide the City staff technical information for preparation of a SEPA checklist. 4.2 Shoreline Substantial Development Provide the City staff technical information for preparation of the Shoreline Substantial Development permit. Submittal requirements for Shoreline Substantial Development application typically involve the application form with narratives describing the project and how it applies to the City 's Shoreline Master Program, as well as site plans. 4.3 Easement/Property Acquisition Provide up to 10 hours of RH2 staff time to coordinate with Condo Association representatives for easement or property negotiations. Assumptions: • The City will bane the primary peimitting respoirsibiliy for this project will) assistance_ from RI-12 as needed Due to the difficulty in predicting RN2°r necessay involvement in this task, the estimated leiiel ofoi/ and associated hours attributed to this task may he imprecise. Additional authon' �Zalim may he needed if RH2 r inwlivnierit exceeds the hours allocated 6 2/8/12 4:38 I'M %:\Bothell\Dan \RFN\Still\2012 \list%' Core L.S Contract\Scope of \\'ork- Nlisn' Cove LS Desilm.docz ORIGINAL) PAGE N0j�LOF�PAGES City of Renton Exhibit A Misty Cove Lift Station Replacement Scope of Work • The City will be the lead agengJbr the Stale Environmental Policy Act (SEPA), which will cover the entire pr yecl. • The proposed lilt station is outride aiy ciitical areas, including u�etlaiid, rtreanis or their associated b»ffeix Ctz'tical areas pein7ilting or conipensatoy witigatioJi for the lift station are nol required and aie not reflected in this Scope of [hoi;�. • The 001 will be responsible for cooizlinatiiig pei77iittiiig activities far existing Burlington Nortbeiii Railroad (I3NR) crossing if ownership of that izght-of--way pei it changes f oin Condo Association to 0i 1. New consinidion within the BNR right-of-way is not anticipates! • All necessag utility, access, and temporary easements will he obtained by 1be 000 • It is assumed thal a Conditional Use Pencil will not be required for this project since the project is replaciiig anexisling facility of similar- use. • It is assumed that a building peniiil is nol required fbr this project since all consiniction is below grade will) the exception of the elecirzcal equipment. • Il Zs assitnied dial land use permitting will nol be required for this pri�ecl because worm ilMolivs undeiground ithlities, which are exenipledJ'Om site deivlopweril r"ei ew. Additionaly, lCrrld ltse per'17ZZllZrig is trot aritZCipated because the project will not change the occ7 panty or u.+e of the site. • lllork- to deconinrission the existing 01 lift station will not truer a RiSh1-of-lVay Use Perwil. Provided by City • All permit fees will be paid for bV the' City. RH2 Deliverables: • Project and technical verbiage, and site plans to assist the City in preparing the SEPA Checklist and Shoreline Substantial Development applications. • Records of Condo Association coordination for easement/property acquisition, as applicable. Task 5 — Services During Bidding and Award j Objective: Provide engineering services during the bidding phase orhe'project to assist securing a qualified contractor to construct the project. Approach: 5.1 Bid Advertisement — Prepare bid advertisement and co- the the timing and placement of the bid advertisement with the City-. The CitS- v mit the advertisement to the appropriate publications. 52 Bid Documents — Produce one elecctr .�.c set and four hard copy color sets of plans and technical specifications: one set fo C: e and bidding purposes, and three sets for RH2 files and staff use during bidding. Pla e is will be provided on 11 -inch-bti, - 1 7-inch sheets. It is assumed that plan sets will n 19 sheets maximum. The Cite will produce bid document sets as needed for the p -he project. 5.3 Assist Project Bidders spond to questions from bidders and revise construction plans, technical specification contract conditions during the bidding process if needed. This may include the pecrk�\\e a�s , n and issuance of up to two addenda. 5.4 Bid Evaluatiot, ssist the City with the evaluation of the qualifications and references for the appar,,\\� bidder. Prepare recommendation of bid award letter. It is assumed that the City williatY td award and contract execution. 7 2/8/12 4:38 PNI %:ABothd1\Data\RHN\S411\2012 Mist Cove 1_S Contract\Scope of VVork- Mist- Cove IS DesiFm.docx 1, ORIGINAL-1—PAGE NOaY OP2L(�.PAGES City of Renton Exhibit A Misty Cove Lift Station Replacement Scope of Work 5.5 Construction Plan Sets — Prepare construction plan sets and specifications for pre -construction meeting. Produce PDP version of documents. A� Provided by City • Management of the Builder's Exchange on 4 ding process. • Distribution of bid documents and ma" `-nahce of the lanholder's list if applicable. P � PP • Bid opening attendance and tabula . received bids. • Issuance of addenda, if any, to a contract document holders. 0 RH2 Deliverables • Bid plan sets: one electtrr n --, set, and one hard copy. • Phone assistance to�j$-ors and bidders during the bidding phase. • Reference chec} - �6 vest bidder. • Preparation ?commendation of bid award letter; • Three fu ' e and three half-size construction plan sets for construction. • PDPWof construction plans for City use. Task o' Services during Construction Objective: Assist the City during construction of the improvements. It is RH2's understanding and assumption that the City will perform the daft -to -day construction administr. Pon; RH2 will provide only the following services during construction. r, Approach: 6.1 Preconstruction Conference — Prepare agenda for and a_te pre -construction conference. 6.2 Request for Information — Respond, in writing, q p g, to Re�, s for Information. Correspond via email and written letters with City and contractor t c ment construction issues as necessary. It is anticipated that 2 hours per week will be r z; or this task. 6.3 Change Orders Process — Review and prepar nge orders, if necessary. Deliver to City for processing. O 6.4 Submittal Review — Receive and rex i pr�submittals and maintain a submittal list. 6.5 Part-time Inspection and Project eings — Conduct periodic site visits to determine the progress and quality of the stt 1, mechanical, and electrical work and to check that the project is being complete �i neral conformance with the contract documents. Attend periodic progress meetin * the CM, staff and contractor at City Hall. Prepare inspection reports for RH2 inspectig RH2 will not make exhaustive or continuous on -site inspections, but will visit the site ,@Ying construction operations for approximately 4 hours per week for a total of 32 weeks owing the visits, RH2 will inform the City of the progress of the work and may reSorUn`El rejection of the work if it fails to conform to the contract documents. 6.6 Review "/. equest — Review project progress pay estimate submittals from the contractor. Prepare pro i ess payments using standard City format. 6.7 Testing and Startup — Assist City with testing and startup of lift station. Program RTI and verify proper operation. 8 2/8/12 4:38 PNI "/_:\Bothell\Data\RI N\S40\2n12 Nlistc Cote IS Contract\Scope of Work- \lun Coee 1 S Design.docx ORIGINAL I PAGE NOJLOF Z(_ PAGES Cityof Renton Exhibit A Misty Cove Lift Station Replacement Scope of Work 6.8 Project Walk-through and Punchlist — Assist with preparing the project punchlist and attend the final project walk-through inspection with the City and contractor. 6.9 Construction Record Drawings — Revise plans with as -built information received from the Contractor and the Cit1-. Provide one hard cope (11-inch -b)T-l7 ch), one hard Copjl Off ull_S ize mylars (black and white), and an electronic copy in PDF a ^I toCAD formats to the Cite. Compile relevant final project documentation and deh®riltbed o CitN,. Documents will include inspection reports, digital photos, and other documents �in the Scope of Work. Assumptions: ?� • RH2 is not re.1ponsible_ for site s fety or arly '011. t� -'s Pilitre to pelfolm ils Work ilt accordance Willi the C011tract DoC11I11e11ts, nor is RH2 1'eJp0J1sZ%Jl eitlJTg the contractor 111 the contractors worm or ensilJZ11g proper . coilf t171G'tZOn teG'h1121�11CS. ,,� • The Ci�i will manage and execute th° �l'�= i1c'1io11 phase of the project. • The City will prol)ide fill/ -tinge inn d1ni11g con.rtixre7io11. RH2 Deliverables _ • Submittal review`- mentation. • Change orde umentation. • Punchlist(g) • As-bu cords: 0 one 11-inch-by-l7-inch color set o one full-size mylar (black and white) set o one electronic PDF set o one set of AutoCAD files • Inspection reports. • Digital photos. 9 2/8/12 4:38 I'M %:ABothell\Data\RI N\S4 i\2iiL Mists Cove IS Contract\Scope of Work- Mist Cove IS Dcsign.docs ORIGINAL-1—PAGE NQ.-20 0FZ,(n PAGES Exhibit B: Time Schedule of Completion City of Renton Misty Cove Lift Station Replacement — Design .Task Completion Task 1 — Preliminaq Design June 30, 2012 Task 2 — Final Design Januaq 31, 2013 Task 3 — Technical Specifications Januaq 31, 2013 Task 4 — Permitting Assistance June 30, 2013 Task 5 — Semites During Bidding Future Work Task 6 — Seixices During Construction Future Work CONTRACT COMPLETION DATE: December 31, 2013 2/7/2012 4:45 RIM Z:\Bothe11\Data\REN\S40\2012 N isty Cove LS Contract\Exlubit B - Completion Schedule.docx ORIGINAL 1____PAGE NOQJ OFa,,, PAGES EXHIBIT C=.1 RH2 E ngineer � _ SCHEDULE .OF RATES,- A'ND CHARGES_ . �= _-- --- - - -=------- - -, 20I2''HOUREY RATES, - C 'ASSIFICATION> _` AtAh RATE'- CLASSIFICATION • MAX;RA I E ; - Professional IX $108.65 Technician IV $26.50 Professional VIII ---------------------- - $87.can $26.50 Professional VII $73.84 Technician II_____________________________$26.50 - ' Technician I $26.50 -' Professional VI $65.67 ------------------------------- Professional V $58.47 Administrative V $41.52 •. .' `Professional --------------------------- $36.33 1V $4450 Administrative IV ------- ------------------------ Administrative 111 $25 00 Professional III $37.64 Administrative $19.62 ------------------------------------------- I -I Professional 11 532.93 Administrative 1 $15.93 - Professional S26.6 -------------------------------------------- t: • -- .,..�IN=HOUSE SERVICES; - In-house copies (each) 8.5" X 11" $0.09 CAD Plots Large $ p •8,------------------------------- 0.- 9-. 0 -= -- In-house copies (each) 8.5" X 14" $0.14 CAD Plots Full Size $10.00 --------------------------------- In-house copies (each) 11_ X 17" $0.20 CAD Plots Half Size_______ $2.50 In-house copies (color) (each) 8.5 X 11" $0 90 CAD System Per Hour $27.50 . --------------------------------- - ---- In-house copies (color) (each) 8 5° X 14'_ $1.20 GIS System Per Hour $27.50 - In-house copies (color) (each) ] I X 1-- S2.00 Technology Charge 2 5`90 of Direct Labor ; •' Mileage Current IRS Rate . f OUTSIDE_SERVIGES O`uCside direct do' stsfor 04ft L fees,:reports maps data; reprographics couriers po9t9& and non mileage related tra%el expenses thaC_:aie necessaryFo% �:--_ the ezeeuUori of th`e pro"ject'and aze not specifically iden fled elsewheffvin ttie'contraci Will. .tSe'invotced afcost - All S6W6nsultant•serviceg &e btlled at cost;pliis•15 : > Es'hsted here are adjust' aftnuaII5 The'current:schedule of`rates and,charges is 6sed for l illtna,ptiiposes Pajnnent fob work rn. accomplished'shai1,be based on ihe.hou�ly rates and expense`s m effect at the_ urne of billing as staled to this Exhibit. ]�HurIvIN).wVU; \SJtF�nl: \lurk f,ne LS fon,a. N�ve trrnurr. Fvl rNmrnr.Ju EXHIBIT C-2 City of Renton Misty Cove Lift Station Replacement Estimate of Time and E.uense ORIGINAL_j_PAGE N�10F.7,PAGES Ocecr plion II I M ge '1M p ;t{E pineer 0 I _ r Ceologl t. 1 .' 111H^1e1 T-tel1Lebr I!Sob Ite tI'�T t IE pmea, j T tel Coel II 1 - -_ - Clnennicnl'on -- - - - IP dpsslori,N VIII 1Prdoaeloaiol Vll C-rPmlasslpW V�aPrdaeelatal,V_..IPrd�eslaW ll':I'JPrafoeebnel ll�.riPiuloeslalal lr Pdmslmd Vlf l.,-�Tachnldan l''-�. .�... I L :_� _ —I --16 - 21 1 -SI 7511 (5-- - '- _1 IS T1'2i1 I - _ 1 - j t 2 4 16 - 4 _ 10 1 - I6 6 - 211 Tzt -. _2] 5 7519 I$1.-.. 751 1A_ J !f ,i195' _4741 $ - '4'!41 4741 f 1,225! $. _1',2251 I' __ 191ai is -1 '�5 T 481-'. 1i -?1;4111 1 2 1 fl 24 i 2 - ,-. 37' 11 ASI_ '1 390i F__ -I I$7251 tf��12; 1_15 - 12 - 2. 6 1 f;o 2 tri 1 _ - 78 220 1 '151 - 2583115' -I r$ -I— 5 14;1831 $ '.. 7151 i5 _. 75' .. ';4]31 $ i1;1a81 8 a 2 < i 32 I.S.- 1"441I l51__z:l MSy;`��5941 - 2 _�-2__ 2 9J - 12 32 - —20 ------ ', 13155'-_-564115 '-8B 1 SI - 23]511f-� '_-_ _.."5' _y24911f �5. '.1;4]911f1 18131 '3,a551 9 4 2 21�(Si "5�- ':so) 5�—_1!2851 4 - - a 2 2 - 2 i 2 a B _ 4 _ 4 a - _ 9 1 I ]26r ] a3' T4571 5- f 23a1 tSl 1 S--� f'$l '1221 �51 1333115 �$ _15781 -. i1;5]21 :.-J9-}tl$'. .. � 1392115``" ,. i-1 I's, .120 15-.-:15121 9 49 10 54 172 16 - as 2 _ I4N,�" 41 "i '.15,53a1 !SL. ....-----'..-1151- -.-.,7,6691 Ifr=='' 120,20a' ®® NONE 1 _ I Direct' Salary Cost'(DSC),—;. -,]„1 12 97 13 92 256 22 92 17 25 1 626 (ISf725;635!05t S 116:200 1 S 10,765 :iLv 1','1 OVERHEAD (OH Cost including Salary Additives) OH Rate x DSC 1116.160% ifs T4];]T2211 FIXED FEE (FF) FF Rate x (DSC.OH) 12.00% SUBCONSULTANT TOTAL ' isi--:3la;zoe:oai REIMBURSIBLES TOTAL [fm-{'m;7M:ds1 L _ JOTAL s„' A1os;ti:7e: ORIGINAL_I.T,.PAGE N030F.2L PAGES EXHIBIT C-3 SUNI1MARY OF FEE FOR ENGINEERING SERVICES BREAKDOWN OF OVERHEAD COST Direct Labor Base 100.0017( FICA & Medicare ............................................................................................................................ 1 1.91 % Unemployment ....................................................................................................................... 1.04% Vacation. Holidays &Sick Leave ............................................................................................................................ 71 27% Health & Accident Insurance ............................................................................................................................ 1 1.78%c Retirement Plan 6.49% Industrial Insurance 0.48%r, Total Direct Labor Overhead: 52 97% G&A Overhead Indirect Labor 67.02%n Bonus Travel................................................. 3.23%0 Office Rent Postage & MiSeellanOUS ............................................................................................................................ 1.00% Equipment Support............................................................................................................................ 12.13% Telephone Supplies3.88%c............................................................................................................................ Leeal/Acctg/Computer Consultant............................................................................................................................ 0.80% Professional Development 0.70% Dues & Subscriptions ............................................................................................................................ 0 77% B&O Taxes General Insurance ............................................................................................................................ 3 89% Business Planning and Recruitine ..................................................................................................................... 7417c [n-house cost reimbursed ............................................................................................................................ _ 15 02% Total GSA Overhead 133 19% TOTAL 186.16% SUMMARY OF COSTS Project No. Name of Project: Misty Cove Lift Station Replacement Direct Salary Cost (DSC) ................................................................................................................................................................................... 25.635.05 Overhead Cost .............(includine payroll additives ............................................................................................................................................ 186.16% S 47.722.21 Sub Total S 73.357.26 Net Fee ............................................................................................................................................................................................ 12.00% S 8.802.87 Direct Non -Salary Costs: a. Travel and per diem $ .................................................................................... b. Reproduction expenses $ C. Computer expense .................................................................................... $ - d. Outside consultants .................................................................................... $ 16.200.00 e. .... Other (specify) Reimbursables ................................................................................ $ 10.784.63 Total $ 26,984.63 Sub Total S 82.160.13 GRAND TOTAL S 109.144.76 ORIGINAL -(-PAGE NQ;2� OFF PAGES �,"1� a��.-x ��'�.�^��`�;w �t 2. mod. • ��'•,f ,,.R�. Y• r �.•. �,�„ k�lci �;;;� ,,j' %�..: ol r s k5 Imo, " .,'`• P V .1C� � � .vim _,3 �• •� ,,,�- + .,•:i;, ! iix •4 C - •*' Jti Yy5 M L R��.J' '°• /� `A`.. _ f, .� '`v--.,,. f. .r .-y � �� ny ,t "'ti '.a • � y� �I' � i�� _ ��, �. � � •\. 1 y �3'='' +may% �� ,/ Y�i �.s� t i .... _ .�y? „f . J � M�;r,u ....0 „� 1' r P F '� 7oiar . •' ` t x' 1 '' +br_i! y� 4 .P', 7: � r �"\. �J � r f ` •c � I`}, S�"�t,, r R� 'ru X"4 a �.: I •� � � i"^yr 1 / 29005 �'``+, ...., �{b. _ ��',��'��';�•+, \�.. � '� `:-�.:- is �. s t. i .+� "i`•.`, � fJ= ; r:4. tw' � �� i� .� � d� , � c, � 4� .F�`!�� 1�vV�► t�'_ ?t is � r'„ �� =� 7 �<' i r� a. . a �. � � �i i ., Jy � J� 4 �f '•.y .�. � yb,�j\ It �:�.. `�.�,�.. �� v x " ,�,y y.: '�. �. L F'' � ., y -n, „sy�� �•"�•�� � �"' it 9 � ` - ri14 � � •�, _. � - '�', `.�"w+�� '� yY' S_`4' t�r.43' �� '� ` � • K ,.: �. 'i. ;1 �+�"'•:. ;,� O'.. ,..1. ` _ ' �``~ ti,. F� y _,� .y 4' '. .�rr� ' �� .mac..' y• � ,e 4 `"'tom 1 - / �.r'®��• �i ti y j `• f LO ti ak IS 642R�08 t- ,S '•'rr.r � . ORIGINAL PAGE N0220FQLPAGES CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION N0. 4085 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to their race; religion/creed; national origin; ancestry; sex; age over 40; sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status, or the presence of a physical, sensory, or mental disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and by City policy. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of Renton, Washington, this 7 th day of March , 2011 . CITY RENTON Denis Law, Mayor Attest: Bonnie I. Walton, City Clerk RENTON CITY COUNCIL uncil Pr ident Page 14 of 15 Piazza/Data_Center/Forms/City/Contracts E1'2012 ' ORIGINAL �_PAGE N0�(�OFPAGES CITY OF RENTON FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE RH2 Enigneering, Inc., hereby confirms and declares that: (Name of contractor/subcontractor/consultant) It is the policy of the above -named contractor/subcontractor/consultant, to offer equal opportunity to all qualified employees and applicants for employment without regard to their race; religion/creed; national origin; ancestry; sex; the presence of a physical, sensory, or mental disability; age over 40; sexual orientation or gender identity, pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status. The above -named contractor/subcontractor/consultant complies with all applicable federal, state and local laws governing non-discrimination in employment. III. When applicable, the above -named contractor/subcontractor/consultant will seek out and negotiate with minority and women contractors for the award of subcontracts. RH2 Engineering, Inc./Randy L. Asplund Print Agent/Representative's Name Vice President Print Agent/Representative's Title A,V Agent Representative's Signature 2/) 3 IJ Date Signed Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. Page 15 of 15 Pia zza/Data_Center/Forms/City/Contracts t) �1 CERTIFICATE OF LIABILITY INSURANCE 2;6;2o�z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsement(s). PRODUCER NAME: r Allen Fugitt CPCU Sammamish Insurance, Inc. PHONE (425) 898-8780 LFZ No,: (425)836-2865 704 228th Ave NE, PLAID 373 E-MAILADDRESS.Allen Fugitt@msn.com INSUR S AFFORDING COVERAGE NAIC p Sammamish WA 98074 INSURER A:Hartf ord Casualty Ins. Co. 29424 INSURED INSURERB:Sentlnel Insurance Co. Ltd 11000 RH2 ENGINEERING INC INSURERC:Continental Casualty Company 22722 2 9TH DR SE STE 210 INSURER 0: INSURER E : BOTHELL WA 98021 1 INSURER F : CCVFROr,FS r`FDTIcI!`ATc ur ruovn.rT T 1'71 CAI n1C1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDILSUBR - POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MWDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 x A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 52SBANK5475 /16/2011 /16/2012 PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: }{ POLICYFIJECT PRO- LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ AUTOMOBILE LIABILITY OMBIINEEDSINGLE LIMIT Ert $ 1,000,000 BODILY INJURY (Per person) $ B ANY AUTO ALLONNED X SCHEDULED AUTOS AUTONONOS HIRED AUTOS X AUTOS �ED H 2UECHY3821 /16/2011 /16/2012 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ Medical payments $ 10,000 UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DIED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, DESCdescribe urMer RIPTION OF OPERATIONS below A N / A 2SBANN5475 /16/2011 /16/2012 WC STATU- OTH- X I ER $ EL- EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 11000,000 C Professional Liability AEHOO4312321 /29/2011 /29/2012 PerClaim g Aggregate $2 , 000, 000 Claims Made Deductible $100, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, R more space is required) Project Name: Misty Cove Lift Station Replacement The City of Renton is added as an additional insured for the above reference project. City of Renton 1055 South Grady Way Renton, WA 9BO55 6.M"%'CLL 4I IVIY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Fugitt CPCU/JONA ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005) 01 The ACORD name and logo are registered marks of ACORD PUBLIC WORKS DEPARTMENT p o Citvof M E M O R A N D U M -- C-U Fk El�" DATE.1_� N ACE NITIAUDATE DATE: December 2, 2014 ( N izlt �* t TO: Gregg Zimmerman, PW Administrator FROM: Lys Hornsby, Utility Systems Director —�- -- ----• a STAFF CONTACT: John Hobson, Wastewater Utility, x7279 SUBJECT: Addendum No. 2 to CAG-12-031, Misty Cove Lift Station Improvements with RH2 Engineering Attached for your signature are two originals of Addendum No. 2 to CAG-12-031 with RH2 Engineering for the Misty Cove Lift Station Improvement project, in the amount of $9,241.08 and a time extension until December 31, 2015. The original contract provided for design of a new lift station to replace the existing Misty Cove Lift Station. Addendum No. 1 provided for services during bidding and award of the contract, review of material submittals and special inspections during construction. Addendum No. 2 provides for additional coordination with PSE, Comcast Cable, VMAC, Misty Cove Condominium Association and Gary Harper Construction for the temporary relocation and replacement of the existing overhead power and additional review and site observation of the dewatering system for the installation of the new wetwell. The current contract amount (including Addendum No. 1) is $156,491.20 and Addendum No. 2 is $9,241.08 for a total contract amount of $165,732.28. The Wastewater Utility has sufficient funds for this addendum in its 2014 Capital Improvement Program budget for the Misty Cove Lift Station Improvement project (426/465485). Also attached is the contract checklist and requisite forms needed by the City Clerk for the execution of this addendum. Attachments cc: Dave Christensen, Wastewater Utility Manager h:\file sys\wwp - wastewater\wwp-27-3627 misty cove lift station\design\misty cove lift station replacement - addendum #2 memo to gregg.doc\JDHtp ii}:of PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: December 2, 2014 TO: Gregg Zimmerman, PW Administrator FROM: Lys Hornsby, Utility Systems DirectorA STAFF CONTACT: John Hobson, Wastewater Utility, x7279 SUBJECT: Addendum No. 2 to CAG-12-031, Misty Cove Lift Station Improvements with RH2 Engineering Attached foryour signature are two originals of Addendum No. 2 to CAG-12-031 with RH2 Engineering for the Misty Cove Lift Station Improvement project, in the amount of $9,241.08 and a time extension until December 31, 2015. The original contract provided for design of a new lift station to replace the existing Misty Cove Lift -Station. Addendum No. 1 provided for services during bidding and award of the contract, review of material submittals and special inspections during construction. Addendum No. 2 provides for additional coordination With PSE, Comcast Cable, VMAC, Misty Cove Condominium Association and Gary Harper Construction for the temporary relocation and replacement of We existing overhead power and additional review and site observation of the dewatering system for the installation of the new wetwell. The current contract amount (including Addendum No. 1) is $156,491.20 and Addendum No. 2 is $9,241.08 for a total contract amount of $165,732.28. The Wastewater Utility has sufficient funds fu,r this addendum in its 2014 Capital Improvement Program budget for the Misty Cove Lift Station Improvement project (426/465485). Also attached is the contract checklist and requisite forms needed by the City Clerk for the execution of this addendum. Attachments cc: Dave Christensen, Wastewater Utility Manager h:\file sys\wwp - wastewater\wwp-27-3627 misty cove lift station\design\misty cove lift station replacement - addendum #2 memo to gregg.doc\JDHtp Contract Number: `(assigned by City Clerk) Select Type: ❑ Contraet/Agr. ❑ Permit ❑ Lease ❑X Adden/Change Order Contract Type: (assigned by City Clerk) Staff Name: John Hobson Extension: 7279 Department/Division: PW/Utility Systems EDEN Queue: 05/007p Addenda/CO #: 2 to City Clerk's CAG #: 12-031 (if applicable) .Expiration Date: 12/31/2015 Contract Class: ❑ Receivable 0 Payable ❑ Grant ❑ Misc. (no $) Contract Solicitation Method: Contractor Name: RH2 Engineering City's own City Consultant Roster on file w/City Clerk Short Description: Misty Cove Lift Station Replacement Full or Additional Description: Consultant to provide Construction Services for Misty Cove Lift Station Replacement ❑ Legal Review (attach memorandum from City Attorney) ❑ Risk Management review for insurance (attach memorandum from Risk Management) ❑ Insurance certificate and/or policy (attach original) ❑ Response to legal or Risk Management concerns (explain, in writing, how concerns have been met) ❑ Performance bond and verification memo from staff (for Public Works type of contracts $35k & over only) ❑ Federal excluded parties list verification (Attach printout of search results from Website: www.epls.gov) ❑X Active business license and Accounts payable W-9 vendor form? (obtain if not already on file with Finance Dept.) 0 Yes ❑ No Submitted contracts are signed by contractor? If "No" provide explanation here: Fiscal Impact to City: ❑X Expenditure OR ❑ Revenue Amount Budgeted: (line item; see'below ):$ 1,200,000 Amount of Attached (including tax) $ 9,241.09 per year for 1 years = Total Amount of Attached $ 47,346.44 Prior Council approval via agenda bill process required if: (see policy 250-02) ❑ Contract or addendum is $10bk or over (non -Public Works) or $150k or over (Public Works). ❑ Contract expenditure amount exceeds budgeted amount; fund transfer needed. ❑ Interlocal Agreement (most Interlocal Agreements require Resolutions) Date Of Council Approval: Resolution Number: NOTE: Mayor signs for'the City, except that the Department Head may sign contracts: ( (if applicable) (if applicable) Under $35,000 when for non -Public Works & Small Public Works Roster SWR) ; Under $40,000 when for Public Works single craft non-SWR; and Under $65,000 when for Public Works multi -craft non SWR EXCEPT: Change Orders to PW contracts in any amount can be signed by Project Mgr IF within budget AND under Administrator's authorization. words for City Clerk's electronic card file: Revised 8/16/2013 DATE: TO: Tr. •Biir�cfft_ tip CITY ATTORNEY -M- f- M ORAN DUM May 19, 2010 Teresa Phelan, Administrative Secretary Public Works Department, Utilities Systems Division FROM: Lawrence J. Warren, City Attorney Staff Contact: Mark Barber, Senior Assistant City Attorney Telephone: (425) 430-6485 SUBJECT: Approval as to legal form of Template Addendum ADD-2010 Please be advised that I have reviewed the above -referenced Template Addendum ADD- 2010, and the same is approved as to legal form, and may be used in the future so long as there are no material changes or modifications to the standard form.. hA02 mark\public works --contracts and aereements\2010-05-19 memo approving addendum template add-2010 with continuing approval.doc CAG-12-031, Adden #2-14 FORM: ADD-2010 ADDENDUM NO. 2 ENGINEERING CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES for Misty Cove Lift Station Replacement, CAG-12-031 v This Addendum is made and entered into this ,day of hr' C. 'L4. 1`1 by and between the -�--r City of Renton, hereinafter called the "City", and RH2 Engineering, Inc., whose address is, 22722 - 291h Drive SE, Suite 210, Bothell, WA 98021, hereinafter called the "Consultant". W ITN ESSETH THAT: WHEREAS, the City engaged the services of the consultant under Engineering Consultant Agreement CAG-12-031, dated March 7, 2012, to provide engineering services necessary for the Misty Cove Lift Station Replacement; and WHEREAS, the City desires to complete the work associated with the Misty Cove Lift Station Replacement , and the City does not have sufficient qualified engineering employees to perform the work within a reasonable time; and WHEREAS, the City and consultant have determined that additional services are required to complete the work items listed in Exhibit A Scope of Services under the original contract CAG-12-031, dated March 7, 2012; NOW, THEREFORE, in accordance with Section VIII Extra Work of the Master Agreement CAG-12-031, dated March 7, 2012, it is mutually agreed upon that Engineering Consultant Agreement CAG-12-031, is amended to include the work and associated budget as follows: The Scope of Work (Section I of the Master Agreement CAG-12-031) is modified to include the additional services on the attached Exhibit A. 2. The Payment (Section VI of the Master Agreement CAG-12-031) is modified to include payment for the additional work items defined in Exhibit B. The revised contract total payable for work on this contract addendum is increased from $156,491.20, to $165,732.28, making a difference of $9,241.08. The maximum amount payable for the additional work items defined in Exhibit A of this contract addendum is $9,241.08, without prior authorization from the City. 3. The Time of Completion (Section V of the Master Agreement CAG-12-031) for the above referenced contract is extended until December 31, 2015. All other provisions of Consultant Agreement CAG-12-031 dated March 7, 2012, shall apply to this addendum. Amend —No. 2_AGMT—Misty Cove LS Repl.doc EXECUTION IN WITNESS WHEREOF, the parties have executed this Addendum No. 2 to ENGINEERING CONSULTANT AGREEMENT CAG-12-031 as of the day and year first above written. CONSULTANT Sign ure Date Randy L. Asplund Type or Print Name Director Title CITY OF RENTON Z11 Ak Grek m n, Administrator Date Amend —No: 2_AGMT_Misty Cove LS Repl.doc Exhibit A to Addendum No. 2 to CAG-12-031 Misty Cove Lift Station Replacement Dated the 7'h day of March 2012 Exhibit A of CAG-12-031 is amended to include the following extra work: Assist City of Renton (City) with the detailed coordination and changes to the construction plans required to accommodate the temporary relocation of the existing power lines that hung over the construction site. The coordination involved the City, Puget Sound Energy (PSE), Comcast Cable, the Misty Cove Condominium Association, the Virginia Mason Athletic Center (VMAC) management, and Gary Harper Construction (Contractor). RH2 Engineering, Inc., (RH2) provided review and oversight of the construction work necessary to relocate the power line during the construction of the lift station. The work involved site visits, coordination meetings with all parties, and follow-up phone meetings with PSE and Contractor. Assist City of Renton (City) with the detailed coordination and changes to the construction plans required to accommodate the construction of the permanent overhead power system that powers the Misty Cove Lift Station. The coordination involved the City, PSE, Comcast Cable, the Misty Cove Condominium Association, the Virginia Mason Athletic Center (VMAC) management, and Gary Harper Construction (Contractor). RH2 provided review and oversight of the construction work necessary to install the power system in its final location and remove all temporary poles and overhead power lines. The work involved a site visit and a phone coordination meeting with PSE and the Contractor. Assist the City with additional construction observation involved in the dewatering of the wet well excavation after it was discovered that the City's existing gravity sewer line was interfering with the Contractor's dewatering wells. Work included additional visits to the site, review of revised dewatering plans, preparation observation reports, and providing ongoing communication with the City regarding the operation of the dewatering system. 11/26/2014 1:37 PM 7:\Bothe11\Data\REN\112-047\00 Contracts and PM\Contract-City\Addendum 2\Amend_No. 2_SOW_NIisty Cove LS Repl.docx EXHIBIT B City of Renton Misty Cove Lift Station Replacement Addendum No. 2 - Services During Construction Estimate of Time and Exnense j Project Sr. Electrial Project Electrical Engr. Word Processor Description I Manager Engineer Engineer En glneer l Geologist Total Total Labor Total Total I............ I................ ' Hours Expense Classification ..__ .......................... ......... _........_................ ..... .._........................_.......................... ...................:....................................... ... ._:................................................ Professional Vll i Professional VI Professional 111 i Professional ll i Professional VI Administrative 111 Task 7 Additional Services During Construction .._......................................................._............................._I......................................__._..................._................._..................................................................................................... i 7.1 7.2 7.3 Assist the City with coordina0on of to orar power rebcation Assist the City with plan changes for permanent power system Assisi the CI with additional observation during dewalerin of wet well excavatlon 4 .............................................. 2 ............................................_..................._ 2 ..................... I......................... I...................._4 1......................................._1 6.........................................-.................._.�.._._._..........._? ..................._'.....---........_3........................................_..................... -..........................................._�....................... - 16 - ( 4 .............. 1 27 12 23 $ 3,902 $ 1.802 $ 3.397 $ 56 $ 28 $ 56 -$-- 3.958 $ 1,830 $ 3.453 Subtotal B 6 20 I 20 i4 1 4 62 $ 9,101 $ 140 1 $ 9,241 PROJECT TOTAL 8 6 20 20 4 4 62 1 $ 9,101.08 1 $ 140.00 1 $. 9,241 08