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HomeMy WebLinkAboutWWP273626 (7)PUBLIC WORKS DEPARTMENT CitV of M E M O R A N D U M DATE: January 31, 2012 TO: Denis Law, Mayor�� FROM: Gregg Zimmerman, public Works Administrator STAFF CONTACT: Dave Christensen, Wastewater Utility Supervisor, x7212 SUBJECT: Consultant Contract for Engineering Services with RH2 Engineering for the Lind Avenue Lift Station Improvements Attached for your signature are two original engineering consultant contracts with RH2 Engineering, in the amount of $84,075, for the Lind Avenue Lift Station Improvements project. The Lind Avenue Lift Station serves a portion of the industrial valley area of Renton and is located at the intersection of Lind Avenue SW and SW 19th Street. The station was last rehabilitated in 1986 and is in need of improvements in several areas including access to the wet well, electrical and telemetry updates, and replacement of pumps. Part of the analysis will include evaluation of taking a portion of the service area and converting it to gravity. This may allow us to put in smaller pumps and have additional storage for emergency conditions. 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 Lind Lift Station Improvement project (426/465481) budget of $150,000. 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 \\RVFPS-02\Depts\PW\File Sys\WWP - WasteWater\WWP-03-0000 Correspondence - Wastewater\DaveC\2012 Correspondence\Lind Avenue Lift Station Rehab Memo to Mayor.doc\LLHtp AJLS - City Clerk City Clerk Number Checklist Select One: Q Contract ❑ Permit ❑ Lease ❑ Agreement Contract Type (assigned by City Clerk Staff Name: Dave Christensen Extension: 7212 Department/Division: EDEN Public Works/Utility Systems/Wastewater Approval Queue: Addendum Number: to City Clerk Number: (if applicable). Contract Class:. ❑ Receivable ❑X Payable R Grant ❑ Misc. (no $) Expiration Date: (' Contractor Name: RH2 Engineering, Inc Short Description: Consultant contract to perform engineering services for the Lind Avenue Lift Station Rehab project. Full or Additional Description: ❑X Legal Review (attach memorandum from City Attorney) ❑X Risk Management review for insurance (attach memorandum from Risk Management) ❑X 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 contracts only) Federal excluded parties list verification (Website: www.epls.gov; attach printout of search results) FX City business license number: 006187 Check EDEN or ask Finance Department. Accounts payable W-9 vendor form (obtain if not already on file with Finance Dept.) Submitted contracts are signed by contractor: QX Yes n No if not, provide explanation below. Fiscal Impact: FX Expenditure or Revenue Amount Budgeted: Amount: $ 84.075 (line item; see below'): $ 150,000 Prior Council approval via agenda bill process required if: (see policies 250-02 and 800-12) ❑ Contract or addendum is $20,000 or over (non -Public Works) or $30,000 or over (Public Works). Contract expenditure amount exceeds budgeted amount; fund transfer needed. Addendum is for the second and additional time extensions. Interlocal Agreement (most Interlocal Agreements require Resolutions) Date of Council Approval: Resolution Number: Contractor determined via: El Phone Bid/Written Quote ❑ CFB Ad (if applicable) (if applicable) QX Consultant Roster RFP/SOQ Ad 0 Application Sole Source Key words for City Clerk's electronic card file: Pflnt,.FOfnl�t = Revised 07/23/20M ------------- Rom- U'�! CITY ATTORNEY RECEIVED M E M O R A N D U M DEC ® 5 2011 CrrY OF RENTON n TJIIUk 1 �7�v�vM l..E�M�ii lr�s DATE: December 5, 2011 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 ext. 6485 SUBJECT: .. Continuing approval as to legal form of 2012 Engineering Annual Consultant Agreement (E1-2012) Please be advised that I have reviewed the above -referenced 2012 Engineering Annual Consultant Agreement (E1-2012), 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 language or revisions required by future legislation or appellate court decisions. cAcity forms\2011-04-11 sandard form memo with swush and signature and continuing approval.doc HUMAN RESOURCES AND RISK MANAGEMENT S �1� C C,' M E M O R A N D U M VED DATE: December 22, 2011I DE C 2 2 2101 T0: Dave Christensen FROM: R. Robertson, Risk Manager CITY OF RENTON UTILITY SYSTEMS SUBJECT: Insurance Review/Engineering Annual Consultant Agreement E-2012 I have reviewed the certificate of insurance for the above -mentioned contract. The insurance coverage evidenced for this contract, meets City Risk Management requirements. hA\file sys\usa - utility systems division administration\usa-12 - annual consultant agreement\usa-12-0019 - approved contract form\2012 updated consultant agreement\insurance blanket approval memo e1-2012_doc A� CERTIFICATE OF LIABILITY INSURANCE11/16/ D IDD/YYYY) 2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Allen Fugitt CPCU Sammamish Insurance, Inc. PHONE (425)898-8780 FAX AIC No: (425)636-2865 704 228th Ave NE, PMB 373 ADORIES&Allen Fugitt@msn.com INSURERS AFFORDING COVERAGE NAIC # Sammamish WA 98074 INSURER A:Hartford Casualty Ins. Co. 29424 INSURED INSURERB:Sentlnel Insurance Co. , Ltd 11000 RH2 ENGINEERING INC INSURER C:Continental Casualty Company 22722 29TH DR SE STE 210 INSURER D: INSURER E BOTHELL WA 98021 INSURERF: 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 I TYPE OF INSURANCE ADDL INSR SUBR WV POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMA E TO RENTED PREMISES Ea occurrence $ 300,000 A CLAIMS -MADE OCCUR 52SBANM5475 8/16/2011 8/16/2012 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 41000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 X1 POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,900 BODILY INJURY (Per person) $ B ANY AUTO - ALL OWNED X SCHEDULED AUTOS AUTOS 52UECHY3821 8/16/2011 8/16/2012 BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident Medical payments $ 10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION WC STATU- DTH- X AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT $ 1,000,000 ANY, PROPRIETOR/PARTNER7EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) 52SBANM5475 8/16/2011 8/16/2012 If yes, describe under E.L. DISEASE - EA EMPLOYE $ 1 000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C Professional Liability AEH004312321 /29/2011 /29/2012 Per Claim& Aggregate $2,000,000 Claims Made Deductible $100,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project Name: Lind Avenue Lift Station Improvements. The City of Renton is added as an additional insured for the above referenced project. 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 t­ . —, U 19k$6-2U1 U AGORD CORPORATION. All rights reserved. IN14n75r�-ninns�n, �ernnn__�_ BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005, The Hartford 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 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Otherinsurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 98 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 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 "our' 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 (a) The "bodily injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE, PERSONAL "occurrence" that takes place in the AND ADVERTISING INJURY) "coverage territory"; Insuring Agreement 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: (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. "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 © 2005, The Hartford Page 1 of 24 BUSINESS LIABILITY COVERAGE FORM (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 J 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". BUSINESS LIABILITY COVERAGE FORM 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 PnnA R of 7d BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business, or that is an "insured contract", (2) The spouse, child, parent, brother or provided- the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of (1) above. subsequent to the execution of the contract or agreement. Solely for This exclusion applies: the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (i) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the same "insured contract", and (1) "Bodily injury", "property damage" or (ii) Such attorneys' fees and "personal and advertising injury" litigation expenses are for arising out of the actual, alleged or defense of that party against a threatened discharge, dispersal, civil or alternative dispute seepage, migration, release or escape "pollutants": resolution proceeding in which of damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any c. Liquor Liability time owned or occupied by, or rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (i) "Bodily injury" if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol; or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to relating to the sale, gift, distribution or heat water for personal use, by use of alcoholic beverages. the building's occupants or their nest guests; This exclusion applies only if you are in the business of manufacturing, distributing, "Bodily (ii)"property injury" or " p rtY selling, serving or furnishing alcoholic damage" for which you may be beverages. held liable, if you are a d. Workers' Compensation And Similar contractor and the owner or Laws lessee of such premises, site or location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury" to: such premises, site or location (1) An "employee" of the insured arising is not and never was owned or out of and in the course of: occupied by, or rented or loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or Page 4 of 24 Form SS 00 OR 04 OS 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, (ii) Any person or organization for smoke or fumes from a"hostile whom you may be legally fire"; or responsible; (e) At or from any premises, site or d () At or from any premises, site or location on which any insured or any location on which any insured or contractors or subcontractors any contractors or subcontractors working directly or indirectly on any working directly or indirectly on insured's behalf are performing any insured's behalf are operations if the operations are to performing operations if the test for, monitor, clean up, remove, pollutants" are brought on or to contain, treat, detoxify or neutralize, the premises, site or location in or in any way respond to, or assess connection with such operations the effects of, "pollutants". 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 damage" arises out of the However, this paragraph does not intentional discharge, dispersal apply to liability for damages because "property or release of the fuels, of damage" that the insured lubricants or other operating would have in the absence of such fluids, or if such fuels, request, demand, order or statutory or lubricants or other operating regulatory requirement, or such claim "suit" fluids are brought on or to the or by or on behalf of a premises, site or location with governmental authority. the intent that they be discharged, dispersed or Form SS 00 08 04 05 Pane 5 of 2d 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 (1) A watercraft while ashore on premises governmental authority in hindering ordefending you own or rent; against any of these. (2) A watercraft you do not own that is: j. Professional Services (a) Less than 51 feet long; and "Bodily injury", "property damage" or "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 exception does not apply if the insured (6) Any service, treatment, advice or has any other insurance for such "bodily instruction for the purpose of injury" or "property damage", whether appearance or skin enhancement, hair the other insurance is primary, excess, removal or replacement or personal contingent or on any other basis. grooming; h. Mobile Equipment (7) Optical or hearing aid services "Bodily injury" or "property damage" including the prescribing, preparation, 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 (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. - BUSINESS LIABILITY COVERAGE FORM 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 Paae 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Personal And Advertising Injury "Personal and advertising injury": (1) Arising out of oral, written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the insured; (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement"; (5) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement"; (6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of any violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement", of (a) Copyright; (b) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or (c) Title of any literary or artistic work; (8) Arising out of an offense committed by an insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of "personal and advertising injury" in Section G. — Liability And Medical Expenses Definitions. For the purposes of this exclusion, placing an "advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting; (9) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control; (10) Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11) Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12) Arising out of: (a) An "advertisement" for others on your web site; (b) Placing a link to a web site of others on your web site; (c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; or (d) Computer code, software or programming used to enable: (i) Your web site; or (ii) The presentation or functionality of an "advertisement" or other 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- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would (15) Arising out of discrimination or not have occurred in whole or in humiliation committed by or at the part but for the "asbestos hazard"; direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard- or "electronic data". (c) Arise out of any claim or suit for r. Employment -Related Practices damages because of testing for, "Bodily injury" or "personal and advertising monitoring, cleaning up, removing, injury" to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any (a) Refusal to employ that person; way responding to or assessing the "asbestos effects of an hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) Employment -related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person; or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury" to the person at whom any of the (2) The CAN-SPAM Act of 2003, including employment -related practices any amendment of or addition to such described in Paragraphs (a), (b), or (c) law; or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act (1) Whether the insured may be liable as of 2003, that prohibits or limits the sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss, costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Pane 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 (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 BUSINESS LIABILITY COVERAGE FORM 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 Paqe 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 additional insured under this provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(referred to damage" arising out of the soles) below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply 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, inconnection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is 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 products, This exclusion does not apply to or any ingredient, part or container, liability for damages that the entering into, accompanying or vendor would have in the absence containing such products. 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 (c) Any physical or chemical change with respect to their liability for "bodily "property in the product made intentionally injury", damage" or "personal by the vendor; and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any "occurrence" (1) Any state or political subdivision, but which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability "bodily injury", organization. .for "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to. - maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or 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 Oflnsurance. 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 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 insolvency 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: BUSINESS LIABILITY COVERAGE FORM (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 (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. BUSINESS LIABILITY COVERAGE FORM 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. 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) a. WHO IS AN INSURED under Section C. is shown in the Declarations as an Additional amended to include as an additional insured Insured —Owners Or Other Interests From the person(s) or organization(s) shown in the Whom Land Has Been Leased, but only Declarations as an Additional Insured - with respect to liability arising out of the Designated Person Or Organization; but only ownership, maintenance or use of that part with respect to liability arising out of the of the land leased to you and shown in the ownership, maintenance or use of that part of Declarations. the premises leased to you and shown in the b• With respect to the insurance afforded to Declarations. these additional insureds, the following b. With respect to the insurance afforded to additional exclusions apply: these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such (2) Structural alterations, new person or organization. construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision — Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 7 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, (1) "Bodily injury", "property damage" or except such operations performed " and advertising injury" at the vendor's premises inpersonal arising out of operations performed for connection with the sale of the the state or municipality; or product; (2) "Bodily injury or "property damage" (g) Products which, after distribution included in the "product -completed or sale by you, have been labeled operations" hazard. or relabeled or used as a container, part or ingredient of any 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 business and only if this Coverage Part (i) The exceptions contained in provides coverage for "bodily injury" or Subparagraphs (d) or (f); or "property damage" included within the (ii) Such inspections, "products -completed operations hazard". adjustments, tests or servicing b. The insurance afforded to the vendor is as the vendor has agreed to subject to the following additional exclusions: make or normally undertakesto make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured — Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1 • "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio, - acts or omissions of those acting on your (2) Television; behalf: (3) Billboard-, (1) In the performance of your ongoing (4) Magazine; operations for the additional insured(s); or (5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products -completed operations hazard". a. The design, printed material, information b. With respect to the insurance afforded to or images contained in, on or upon the these additional insureds, this insurance packaging or labeling of any goods or products; or does not apply to "bodily injury", "property damage" or "personal an advertising b• An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2• "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi -trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the. Declarations as an Additional Insured — Co - C. Disease Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 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 BUSINESS LIABILITY COVERAGE FORM 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 damage; or generators, including spraying, 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 damage arising out of the insured's (2) Cherry pickers and similar devices rendering or failure to render used to raise or lower workers; 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 "auto"; (2) Cherry pickers and similar devices 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 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. BUSINESS LIABILITY COVERAGE FORM 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 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 1185 T SEQ. NO. 003 Printed in U.S.A. Page 001 (CONTINUED ON NEXT PAGE) Process Date: 07 / 0 5 / 11 Expiration Date: 0 8 / 16 / 12 UW COPY E1-2012 ORIGINAL. __.. PAGE NO / OE�,?-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: Lind Avenue Lift Station Improvements 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 ORIGINAL-1/ PAGE NO �OR;I!A AGES E1-2012 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 5. 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 E 1-2012 ORIGINAL / PAGE NO % OF,�AGES 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 $84,075 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 E1-2012 ORIGINAL-/ PAGE NO, l OF7-ZPAGES 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 E1-2012 ORIGINAL__/ PAGE NO,OFZ�AGES VII 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 ORIGINAL-/ PAGE NO_� OF-'-f-JAGES E1-2012 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. 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 E1-2012 0 31NAL_/ WAGE NO ---OF � HGE; 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 E1-2012 ORIGINAL / PAGE NO 6�J"OF2-7'AGES B. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors 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: 1. 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. E. 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 EZ-zo12 ORIGINAL % PAGE NO I OF7�GES 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 E1-2012 ORIGINAL / PAGE NO%©F-7��, AGE XVII 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)W tl Date Randy L. Asplund type or print name Vice President Title CITY OF RENTON Mayor Date ATTEST: Bonnie I. Walton, City Clerk Page 10 of 15 ORIGINAL % PAGE NO_/10FlzPAGE Exhibit A Scope of Work City of Renton Lind Avenue Lift Station Improvements .January 2012 Background The Lind Avenue Lift Station is located on the west side of Lind Avenue SW near the intersection with SW 19" Street. This facility is a triplet, wet well/dry well lift station that serves the commercial and industrial areas in the vicinity of the lift station. The lift station was last upgraded in 1983 and is in need of improvements. One major problem that the lift station is experiencing is pump clogging. In addition to the clogging problem, access to the wet well and dry- well is difficult, making maintenance problematic for City crews. The Cin has tasked RH2 with identifying solutions for eliminating the clogging issue and improving access to the wet well and dry well for maintenance. The lift station has adequate capacity to serve the area for the foreseeable future. It may be possible to eliminate some of the wastewater flow from the commercial buildings located north of the lift station by extending the gravity- system to the east side of Lind Avenue. RH2 will prepare a preliminary design and final construction documents for the improvements made under this contract. Task 1— Project Evaluation Objective: Evaluate the condition of the lift station with City- staff to determine the improvements necessary to allow the lift station to continue to perform to the City's standards. Approach: 1.1 Review existing topographic survey information provided by the City- to determine if flow from the north can be diverted away- from the existing lift station to the existing gravity system located on the east side of Lind Ave SW. 1.2 Meet with City staff at the project site to determine the existing operating conditions at the lift station that need to be improved as part of this project. Confirm as -built information and document the condition of the facility-. 1.3 Analyze pumping data to determine what the capacity of the lift station should be if some of the wastewater is diverted away from the lift station. Determine if the lift station can be converted to a duplex lift station, eliminating the third pump. Identify- alternative pump configurations for City review. Perform hydraulic calculations and recommend pumps for selection by the City-. 1.4 Prepare a preliminary plan of the recommended improvements to the facility for City review and comment. Attend one meeting with the City to review the preliminary plan. Revise plan per City- comments. Prepare one final plan to be included with the design criteria checklist. 1.5 Prepare a budget -level construction cost estimate for the proposed improvements identified in the preliminary plan. 1.6 Prepare a design criteria checklist for City review and approval. The design criteria checklist will be used for the design phase of the project. 1.7 Evaluate requirements at lift station to meet the new Telemetry/SCADA standard. Discuss improvements in the design criteria checklist. 1 1/18/21112 10:46:09 AM j:AIiothcll\nata\RI:N\S4ti\2u12 Lind Ave 1S Contract\Scope of \Work - final.doex 09, 10NoI — PAGE NOl`GF� GFS City of Renton . Lind Avenue Lift Station Improvements Provided by City: Exhibit A Scope of Work A complete topographic survey of the proposed project area in AutoCAD R14 electronic format for use in the design of the proposed improvements. RH2 Deliverables: • Budget -level construction cost estimate. • Preliminary plan of the recommended improvements. • Final design criteria checklist. Task 2 — Lift Station Design Objective: Develop design plans for the proposed improvements to the facility based on the design criteria developed during Task 1. Approach: Develop plan sheets for the proposed improvements to the lift station. Fourteen plan sheets are anticipated and willinclude the following: • Cover and Vicinity Map • General Project Information • E. isting Site Plan • Proposed Site and Utility Plan • Proposed Mechanical Improvements • Mechanical Details • Proposed Structural Improvements • Structural Details • Proposed Electrical One -line Diagram and Schedules • Proposed Electrical Improvements • Electrical Details • Proposed SCADA Improvements • Gravity Sewer Plan Sheets (2) Subtasks: 2.1 Prepare 60-percent complete cover and general information sheet. 2.2 Prepare 60-percent complete proposed site and utility plans showing facility improvements, access hatch locations, and electrical equipment including TESC plan for implementation during the construction. 2.3 Prepare 60-percent complete structural plans required for improving access to the wet well and dry well, including a cover structure for the electrical equipment. Preform structural calculations and prepare structural details. 2.4 Prepare 60-percent complete mechanical plans including pump, major piping, and accessories. Accessories may include vents, pressure gauges, and water service, as selected during preliminary design. 2 1/IS/ 12 10:46 AM Z:ABothell \Darn\RL.N\S41i\2u12 Lind Ave L.4 Contract\Scope of \Pork - final.docc ORIGINAL.-/ __PAGE NO%? Oli%GF, City of Renton Exhibit A Lind Avenue Lift Station Improvements Scope of Work 2.5 Prepare 60-percent complete electrical and SCADA plans, including upgrade of Telemetry/SCADA. 2.6 Submit the 60-percent design, in PDF format, to the City- for review. Attend one review meeting with the Cio . Following meeting, incorporate 60-percent review comments from the CM, into the design plans. 2.7 Develop final project details as required for 90-percent complete design. 2.8 Submit finished plans (90-percent complete design) to City for review consisting of one electronic copy in PDF format and two half size drawing sets. Attend one review meeting with the City. 2.9 Conduct an in-house QA/QC review of plans. Based on review comments, prepare final plans and details. 2.10 Prepare bid quantities and an engineer's construction cost estimate based on the final plans. RH2 Deliverables: • 60-percent review plans. • 90-percent review plans. • Engineer's estimate for final review. Task 3 — Technical Specifications Objective: Develop preliminary project specifications to accompany construction plans. Approach: 3.1 Prepare specifications using RH2 technical specifications tailored for this project. 3.2 Coordinate with the City to update the standard specifications and general conditions as warranted for this project. 3.3 Prepare review documents and receive Cit}- staff comments. Address CitS7 comments. Provided by City: • Standard specifications and general conditions for review with project. RH2 Deliverables: • Two sets of draft specifications, to be provided at 90-percent plan review. Task 4 — Services During Bidding and Award Objective. Provide engineering services during the bidding phase of the project for securing a qualified contractor to construct the project. Approach: 4.1 Prepare bid advertisement and coordinate the timing and placement of the bid advertisement with the City. The City will submit the advertisement to the appropriate publications. 4.2 Produce one electronic set and four hard cope sets of plans and technical specifications: one set for City use and bidding purposes, and three sets for RH2's file and staff use during bidding. 3 I/19/12 10:46 A\I 7.:\Bothc1l\Data\RI:N\S40\2012 Lind Ave US Contract\Scope of Work - 6nal.doc-x ORIONAL�% ,PAGE NO /-//OF2-2-PAGF_S City of Renton Lind Avenue Lift Station Improvements Exhibit A Scope of Work Plan sheets will be provided.on 11-inch-by-Mich-inch sheets. It is assumed that plan sets will consist of 12 sheets maximum. The Ciq will produce bid document sets as needed for the purpose of the project. 4.3 Respond to questions from bidders and revise, construction plans, technical specifications, or contract conditions during the bidding process if needed. This may include the preparation and issuance of up to one addendum. 4.4 Assist the CitS, with the evaluation of the qualifications and references for the apparent low bidder. Prepare recommendation of bid award letter. It is assumed that the City will handle bid award and contract execution. 4.5 Prepare construction plan sets and specifications for pre -construction meeting. Produce PDF version of documents. Provided by City • Management of the Builder's Exchange online bidding process. • Distribution of bid documents and maintenance of the planholder's list, if applicable. • Bid opening attendance and tabulation of received bids. • Issuance of addendum, if any, to all contract document holders. RH2 Deliverables • Bid plan sets: one electronic set, and one hard copy. • Phone assistance to vendors and bidders during the bidding phase. • Reference check of lowest bidder. • Preparation of recommendation of bid award letter. • Three full-size and three half-size construction plan sets for construction. • PDF file of construction plans for City use. Task 5 — Gravity Sewer Design Objective: Prepare gravity sewer design plans if it is determined in Task 1 that gravity flow from the commercial buildings on the west side of Lind Avenue can be diverted to the east side of Lind Avenue. Approach: 5.1 Prepare design drawings for the construction of gravity sewer main to divert gravity flow from Manhole (5319205) or Manhole (5319153) across Lind Avenue to the gravity sewer main on the east side of Lind Avenue. Develop construction details. Review and address comments with CitY. 5.2 Amend lift station technical specifications to include the necessary gravity sewer specifications. Assumptions: Design will need to address the stormwater pipe that is located at the same elevation of the proposed gravity sewer. RH2 will use Renton Standard detail for roadway trench restoration, if restoration is needed. 4 1 / ] 8/ 12 I U:46 ADI "l_:AB,othell\nntIAREN\S4U\21,12 Lind Ave IS Contract\Scope of VWork - final.docx ORIGINAL PAGE RO�s OPz7r,�c. City of Renton Exhibit A Lind Avenue Lift Station Improvements Scope of Work Two drawing sheets will be needed to show all gravity- sewer improvements and details. Task 6 — 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 day-to-day construction administration. RH2 will provide the following services during construction. Approach: 6.1 Prepare agenda for and attend the pre -construction conference. 6.2 Respond, in writing, to Requests for Information. Correspond via email and written letters with CAN, and contractor to document construction issues as necessary. It is anticipated that two hours per week will be required for this task. 6.3 Review and prepare change orders, if necessary. Deliver to City- for processing. 6.4 Receive and review project submittals and maintain a submittal list. 6.5 Conduct periodic site visits to determine the progress and quality of the structural, mechanical, and electrical work and to check that the project is being completed in general conformance with the contract documents. Attend periodic progress meeting with the City- staff and contractorat city Hall. 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 4 hours per week for a total of 16 weeks. During the visits, RH2 will keep the City informed of the progress of the work; and may recommend rejection of the work if it fails to conform to the contract documents. 6.6 Review project progress pay estimate submittals by the contractor. Prepare progress payments using standard City format. 6.7 Assist with preparing the project punch list and attend the final project walk-through inspection with the City and contractor. 6.8 Revise plans with as -built information received from the Contractor and the City. Provide one hard copy (11-inch-by-17-inch), one 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 documentation and deliver to City. Documents will include inspection reports, digital photos, and other documents described in the Scope of Work. Assumptions: • RH2 is not responsible for site safety-, nor is RH2 responsible for directing the contractor in the contractor's work. • The City- will manage and execute the construction phase of the project. • The City will provide full-time inspection during construction. RH2 Deliverables • Submittal review documentation. • Change order documentation. • Punch list. 5 I/IS/ 12 10:46 AM Z:ABothell\Dam\RI:N\S411\21)12 Lind Ave 1S Contract\Scope of\Work- final.docx ORIGINAL.�/ WAGE NO/OF 2-°AGESJ City of Renton Exhibit A Lind Avenue Lift Station Improvements Scope of Work • As -built records 0 one 11 s 17 color 0 one full size mylar (black and white) 0 one electronic PDF set 0 one AutocCAD files • Inspection reports. • Digital photos. 6 1/18/12 I0:46 A\I Z:\Bothell\Data\RFN\S4n\2n12 Lind Ave IS Contract\$cope of \Cork - final.docx ORIGINAL f PAGE NO/7_OF��PAGE Exhibit B: Time Schedule of Completion City of Renton Lind Avenue Lift Station Improvements — Design, SDB and SDC Task Completion Task 1 — Project Evaluation July 31, 2012 Task 2 — Lift Station Design December 31, 2012 Task 3 — Technical Specifications December 31, 2012 Task 4 — Services During Bidding and Award Nlarch 31, 2013 Task 5 — Gravity- Sewer Design December 31, 2012 Task 6 — Services During Construction December 31, 2013 CONTRACT COMPLETION DATE: December 31, 2013 12/9/2011 2:23 RNI Z:\Bothell\Data\REN\S40\2012 Lund Ave LS Contract\Exhibit B - Co ORIGINAL-/ PAGE NO /,-�`OFO�-�GES EX'HIB_ IT Inc-; -Eng><Iieer�ng;, SCHEDULE OF RATES: AND, CHARGES ; ---= 20i1HOURLY RATES - =- ------ ---- _ - -- ---_ 4- _ CL 1SSIFIGATION_ _NtAX RATE,__ - CLAS§IFICATION, -- Professional IX S107.04 Technician IV $0.00 Professional VIII $t_21 Technician Ill Professional V11 $72.75 Technician II $14.00 - - -------------------- Technician 1 $13.50 Professional VI $64.70 Professional V $57.36 Administrative V $41.42 --------------------------------- 41.4- i Professional IV $45.85 Administrative IV $35.49 - - - ------------- - Administrative III $23.35 .; ------------------------------ - ------ Professional 111-------------- $37.09 Administrative II 518.60 -- --------------------------------------- Professional 11 $31.60 Administrative I $14.73 --9.3 Professional ---------------------------- ,IN401J, EE ERVICES _ �.--------_----- - In-house copies (each) 8.5" X I $0.09 CAD Plots Large $25.00 In-house copies (each) 8.5_ X 14' $0.14 CAD Plots Full Size $10.00 Ful 00 In-house copies (each) I I" X 17" S0.20 CAD Plots Half Size $2.50 --- - - " ------------------------------ $2.50 In-house copies (color) (each) 85_ X I t'_ $0.90 CAD System Per Hour $_7.50 ' ------Ho ------------$_YT---- In-house copies (color) (each) 8.5" X 14" $ L20 GIS System Per Hour $27.50 ----- F----------------- In-house copies (color) (each) I 1 -- I T_ 52A0 Technology Charge 59r of Direct Labor ------------------ Mileage Current IRS Rate ------------------------------------------- OUTSIDE-SERVICES- Outside direct costs for perm[[ fees -reports maps, data,•reprograptiics couriers posiag'e and non-tmleaee related t�avelezpenses [fiat are necessary'foi _ the_azecution of [tie project and'are,not specifically identified elsewhere in"the contract will be invo)ced at cost All Suk_c,nsultam services aie,billed at cost plus I5%. -�_ - --=- - ---- -- _ --CHANGESLNRATES_ Rates listed here are adjtisied annually The current schedule of rates and charges ts;us-ed for billih¢ purposes Payment -for work accomplished shall be bdsed on the h6uilyratds and.gNpen5es to eff&ct'dt the time of billing as•stated m this Exhibit: �P.u1.�114 zuUtE'\lJln_III: I.Ifld:\�� Ll <'nlarvl�Fe. Fsioul.•� final �Hcm�ni LLn I 0RIG INAL % PAGE NQ��OF2 HGE: EXHIBIT C-2 City of Renton Lind Avenue Lift Station Improvements Estimate of Time and Exoense Description Total Expense' Total Cost Classification i Task 1 Project Evaluation -. 1.1 _ Review topographic survey for gravity solution j $. 59 $ 228 1.2_ Meet with staff/confirm survey data 155' - $ 539 1.3 Analyze pump data/select pump alternatives �.$ _ -146 $ : •476 1.4 Prepare preliminary plan for review (�$, -375. _ $_ - 1,173 1.5 Prepare budget -level construction cost estimate 0$ _ _ 89 $ 360 1.6 Pre are design criteria checklist $ _ ° • 32 _ $ _ 226 1.7 Review/Evaluate telemetry upgrade requirements"$-_ , -341 $ _ ' '292 8'$,,- -,- '1_891T_$ . _'_3.293 Task 2 Lift Station Design g' 2.1 Prepare 60-percent cover and general information '$ -190 $, 580 2.2 Prepare 60-percent site and utility design �$. _ _ 277_ $ 872 2.3 Prepare 60-percent structural design j$:. •381` _$ 1;228. 2.4 Prepare 60-percent mechanical design j $. q1 q $_ $ _$ •: $ $ $ _$, 1;362 - 'c 3,958 ,..,' ..' 1,304 . 2,685 926 _ 725 475 2.5 Prepare 60-perecent electrical and SCADA deis n$:_ ;1;27g' _ 2.6 Submit 60-percent design and review with Ci . B $_ 364` 2.7 Develop final project details 1$ - �_ `939 • 2.8 Submited finished plans and review with City. 1$ 355 2.9 Perform Inhouse QA/QC review of plans is,: • 7-52 2.10 Prepare bid quantities and engineer's construction$, ;1 j9' $ - ` _14,115. i 1 Prepare technical specificatons 2 Coordinate with City on standard and ge 3 Prepare review documents and obtain C 4.1 Prepare bid ad and coordinate with City 4.2 Prepare electronic and bid sets for biddin 4.3 Respond to questions from bidders 4.4 Assist City with bid evaluation 4.5 Prepare constuction plan sets and soecif 5.1 Prepare gravity sewer 5.2 Amend technical sneci ask 6 Services During Construction 6.1 Attend Preconstruction Meeting 6.2 Respond to RFI/Design clarificati, 6.3 Review change orders 6.4 Review submittals/shop drawin __ 6.5 Conduct part-time inspection and 6.6 Review pay requests 6.7 Assist with project walk-through a 6.8 Prepare construction record draw $ .88 $ 1,816 $_ - 2 • $ 62 2,1180 $ 57 $ 117 $ ... '286 $... -. 634 $ . .616 $ 965 $ 2,371 $ .755 $ 2,435 $ . 4 $ - .:173 ~$' - $ 152. - 731 $ 88 $ 323 $ - 88 .$ '_ : 323 $ 228 '$ 962 $. ' 873 '$ ',3,741 Subfotal Lind Avenue Off Station Imjaig _ V Diret f Sala�y.Ctisf (DS $ OVERHEAD (OH Cost including Salary OH Rate x DSC y FIXED FEE (FF) e FF Rate x (DSC+OH) SUBCONSULTANT TOTAL REIMBURSIBLES TOTAL $; u 9 5'. $- _ 330 5 $. _1,323 4 $ 8,010 .J ORIGINAL / PAGE NC� OF ,?,Z%AGES EXHIBIT C-3 SUMMARY OF FEE FOR ENGINEERING SERVICES BREAKDOWN OF OVERHEAD COST Direct Labor Base 100.00% FICA & Medicare 11.91% Unemployment 1.04% Vacation. Holidays & Sick Leave 21 27% Health & Accident Insurance 1 1.78% Retirement.Plan ............................................................................................................................................................................. 6.49% Industrial Insurance 0.48°l0 Total Direct Labor Overhead: 52.97% G&A Overhead Indirect Labor ............................................................................................................................................................................. 67.02% Bonus ............................................................................................................................................................................. 19.41 % Travel 3 23% Office Rent ............................................................................................................................................................................. 223 74% Postage & Miscellanous ............................................................................................................................................................................. 1.00% Equipment Support 12.13% Telephone Supplies ............................................................................................................................................................................. 3.88 90 Legal/Acctg/Computer Consultant 0.80°l0 Professional Development 0.70% Dues & Subscriptions 0.77% B&O Taxes 6.38% General Insurance ............................................................................................................................................................................. 3.89% Business Planning and Recruiting ............................................................................................................................................................................. 2 74% In-house cost reimbursed -15.03% Total G&A Overhead TOTAL 186.16% SUMMARY OF COSTS Project No. Name of Project: Lind Avenue Lift Station Improvements Direct Salary Cost (DSC) .................................................................................................................................................................................................................................................................................................. S Overhead Cost (including payroll additives ...................................................................................................................................................................................................... 186.16% S Sub Total S Net Fee .................................................................................................................................................................................................................................................................... 12.00% S Direct Non -Salary Costs: a. Travel and per diem .................................................................................................................... $ b. Reproduction expenses......................................................... $ - C. Computer expense $ ..................................................................................................................... d. Outside consultants ..................................................................................................................... $ _ e. Other (specify) Reimbursables .................................................................................................................... $ 9.220.40 Total $ 9,220.40 Sub Total S GRAND TOTAL s 84.075 23.356 43.479 66.835 8.020 74.855 d ijGlNl_% __,PAGE NoZLOF�1PAGE! CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ,ADOPTED BY RESOLUTION NO. 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, this7th day of March 2011. CITY O ' RENTON Denis Law, Mayor Attest: Bonnie I. Walton, City Clerk RENTON CITY COUNCIL uncil Pr sident �54EAL Page 14 of 15 E1-2012 OPlGINAL PA,GPI r_ Utv ,I (� ��3hh I _7 I �rw 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. Randy L. Asplund Print Agent/Representative's Name Vice President Print Agent/Representative's Title Agent eprese ative's Signature / // 16hZ. 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 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE' NAME DATE: January 31, 2012 �T TO: Denis Law, Mayor `— f FROM: Gregg Zimmerman, Public Works Administrator STAFF CONTACT: Dave Christensen, Wastewater Utility Supervisor, x7212 SUBJECT: Consultant Contract for Engineering Services with RH2 Engineering for the Lind Avenue Lift Station Improvements Attached for your signature are two original engineering consultant contracts with RH2 Engineering, in the amount of $84,075, for the Lind Avenue Lift Station Improvements project. The Lind Avenue Lift Station serves a portion of the industrial valley area of Renton and is located at the intersection of Lind Avenue SW and SW 19th Street. The station was last rehabilitated in 1986 and is in need of improvements in several areas including access to the wet well, electrical and telemetry updates, and replacement of pumps. Part of the analysis will include evaluation of taking a portion of the service area and converting it to gravity. This may allow us to put in smaller pumps and have additional storage for emergency conditions. 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 Lind Lift Station Improvement project (426/465481) budget of $150,000. 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 \\RVFPS-02\Depts\PW\File Sys\WWP - Waste Water\WWP-03-0000 Correspondence - Wastewater\DaveC\2012 Correspondence\Lind Avenue Lift Station Rehab Memo to Mayor.doc\LLHtp PUBLIC WORKS DEPARTMENT ire cih'Of ®R—" ��0� M E M O R A N D U M DATE: February 6, 2014 TO: Gregg Zimmerman, PW Administrator FROM: Lys Hornsby, Utility Systems Director STAFF CONTACT: John Hobson, Wastewater Utility, x7279 SUBJECT: Addendum No. 2 to CAG-12-015, Lind Avenue Lift Station Improvements with RH2 Engineering Attached for your signature are two originals of. Addendum No. 2 to CAG-12-015 with RH2 Engineering for the Lind Avenue Lift Station Improvement project, in the amount of $16,861 and a time extension until December 31, 2014. The original contract provides for design of a new lift station to replace the existing Lind Avenue Lift Station. Addendum No. 1 will provide for additional design work for a pedestrian crossing (negotiated by the property owner in exchange for additional easement area), programming and configuring the new lift station telemetry panel, assist with modifications of the original gravity sewer plan due to unknown buried utilities found during construction, and assist with dewatering and shoring inspection The current contract amount (including Addendum No. 1) is $101,600 and Addendum No. 2 is $16,861 for a total contract amount of $118,461. The Wastewater Utility has sufficient funds for this addendum in its 2014 Capital Improvement Program budget for the Lind Avenue Lift Station Improvement project (426/465481). RH2 Engineering was originally selected for this contract using the approved 2012 Utility Systems Annual Consultant Roster. 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 Supervisor h:\file sys\wwp - wastewater\wwp-27-3626 lind ave lift station\design\lind avenue lift station replacement - addendum #2 memo to gregg.doc\JDHtp PUBLIC WORKS DEPARTMENT D o c'h'°f �Y M E M O R A N D U M--s-- DATE: February 6, 2014 AME TO: Gregg Zimmerman, PW Administrator FROM: Lys Hornsby, Utility Systems Director` STAFF CONTACT: John Hobson, Wastewater Utility, x7279 SUBJECT: Addendum No. 2 to CAG-12-015, Lind Avenue Lift Station Improvements with RH2 Engineering Attached for your signature are two originals of Addendum No. 2 to CAG-12-015 with RH2 Engineering for the Lind Avenue Lift Station Improvement project, in the amount of $16,861 and a time extension until December 31, 2014. The original contract provides for design of a new lift station to replace the existing Lind Avenue Lift Station. Addendum No. 1 will provide for additional design work for a pedestrian crossing (negotiated by the property owner in exchange for additional easement area), programming and configuring the new lift station telemetry panel, assist with modifications of the original gravity sewer plan due to unknown buried utilities found during construction, and assist with dewatering and shoring inspection The current contract amount (including Addendum No. 1) is $101,600 and Addendum No. 2 is $16,861 for a total contract amount of $118,461. The Wastewater Utility has sufficient funds for this addendum in its 2014 Capital Improvement Program budget for the Lind Avenue Lift Station Improvement project (426/465481). RH2 Engineering was originally selected for this contract using the approved 2012 Utility Systems Annual Consultant Roster. 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 Supervisor h:\file sys\wwp - wastewater\wwp-27-3626 lind ave lift station\design\find avenue lift station replacement - addendum #2 memo to gregg.doc\1DHtp Z. /-7 1 PI - �° Q 0001 Contract Number: (assigned by City Clerk) Select Type: ❑ Contract/Agr Staff Name: John Hobson ❑ Permit ❑ Lease 0 Adden/Change Order Contract Type: (assigned by City Clerk) Department/Division: pW / Utilitv Svstems Extension: 797q EDEN Queue: (:yS' Addenda/CO #: 2 to City Clerk's CAG #: CAG-12-015 (if applicable) Expiration Date: 12/31/2014 Contract Class: ❑ Receivable ,KPayable ❑ Grant ❑ Misc. (no $) Contract Solicitation Method: Contractor Name: RH2 Engineering, Inc. City's own City Consultant Roster on file w/City Clerk Short Description: Addendum No. 2 to CAG-12-015 Full or Additional Addendum No. 2 to add additional engineering services for the Lind Ave Lift Station Improvements Description: project. ❑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 $35k & over only) ❑ Federal excluded parties list verification (Attach printout of search results from Website: www.sam.gov/portal/public/SAM) 0 Active business license and Accounts payable W-9 vendor form? (obtain if not already on file with Finance Dept.) 0 Yes ❑ No Submitted contracts are signed by contractor? If "No", provide explanation here: Fiscal Impact to City: FX-] Expenditure OR ❑ Revenue Amount Budgeted: (line item; see below ):$ 20,000.00 Amount of Attached (including tax) $ 16,861.00 per year for 1 years = Total Amount of Attached $ 16,861.00 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). ❑ Budget adjustment or fund transfer is necessary. ❑ 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: Revised 10/25/2013 Ciry of ADMINISTRATIVE SERVICES DEPT. Q�O City Clerk Office M E M O R A N D U M DATE: February 10, 2014 RECEIVED TO: John Hobson, PW — Utility System FEB 11 2014 FROM: /lCi dy Moya, Records Management Specialist CITY OF RENTON SUBJECT` CAG-12-015, Adden #2-14 — RH2 Engineering, Inc. UTILITY SYSTEMS The attached document has been fully executed and is being returned to you. Please transmit the original to the contractor and retain a copy for your file. The City Clerk has retained an original for the file. Thankyou! hArecords specialist\correspondence & memos - cindy\contract - fully executed.doc RH2 ENGINEERING, INC. 300 Simon Street SE, Suite 5 East Wenatchee, WA 98802 ENGINEER 5 P L A N N E R S (509) 886-2900 or (800) 720-8052 S C I E N T I S T S Fax: (509) 886-2313 TO: City of Renton 5th Floor 1055 S Grady Way Renton, WA 98057 Sent Via: US Mail WE ARE SENDING YOU THE FOLLOWING: Letter of Transmittal DATE: 2/3/2014 1JOB NO.: REN 112.023/S40 ATTENTION: Mr. John Hobson RE: Lind Avenue Lift Statiodrkprovem'eii'ts ' CAG 12-015 FEB G 5 2014 CITY Qi= X Attached Under Separate Cover Via: Shop Drawings Prints Plans Samples Specifications Copy of Letter Change Order Submittals COPIES DATE NO. DESCRIPTION 2 EA Original Addendum No. 2 for Lind Avenue Lift Station Improvements, CAG-12-015 — Signed by RH2 Engineering Inc., Randy L. Asplund. THESE ARE TRANSMITTED AS CHECKED BELOW: For approval Approved as submitted Resubmit copies for approval For your use Approved as noted Submit copies for distribution As requested Returned for corrections Return corrected prints For your information X Signature For review and comment For bids due: -T Prints returned after loan to us REMARKS Please sign both copies of the original Addendum No. 2 return ONE copy to RH2 Engineering, Inc., and retain ONE copy for your files. Thank you. I COPY TO: I File/cc I SIGNED: I Randy L. Asplund, P.E. I EXT. 15366 I 02/03/14 3:42 PM Z:\Bothe]1\)ata\REN\112-023\Contract\Trans to Mobson re Lind Ave LS Addendum No. 2 2-3-201d.doex PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT Y Renton City Hall 1055 South Grady Way, Renton, WA 98055 ♦ E's UTILITY SYSTEMS DIVISION 425.430 7234 Fax: 425.430.7241 ❑ TRANSPORTATION SYSTEMS DIVISION 425.430.7321 Fax: 425-430.7376 TO: M �, DATE: 2 -z- Z o JOB No. 2:>i/'2 A. , .. ,. RE: !.r.,c / ,c --,,----4'7-,. WE ARE SENDING YOU ❑ ATTACHED ❑ SHOP DRAWING ❑ PRINTS ❑ COPY OF LETTER ❑ ❑ Under Separate Cover via the following items: ❑ REPRODUCABLE PLANS ❑ SPECIFICATIONS ❑ ORIGINALS COPIES DATE NUMBER DESCRIPTION / REMARKS MESSAGE: These are transmitted as checked below: ❑ FOR SIGNATURE APPROVAL ❑ ❑ FOR YOUR USE ❑ ❑ AS REQUESTED ❑ ❑ FOR REVIEW AND COMMENT ❑ Copies to: APPROVED AS SUBMITTED APPROVED AS NOTED RETURNED FOR CORRECTIONS ❑ RESUBMIT COPIES FOR APPROVAL ❑ SUBMIT COPIES FOR DISTRIBUTION ❑ RETURN CORRECTED PRINTS ❑ PRINTS RETURNED AFTER LOAN TO US From: IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE. PBPW5001 09/99 bh RH2 ENGINEERING, INC. 300 Simon Street SE, Suite 5 East Wenatchee, WA 98802 ENG I N E E R S P L A N N E R S (509) 886-2900 or (800) 720-8052 s c 1 E N_ i s r 3 Fax: (509) 886-2313 TO: City of Renton 5th Floor 1055 S Grady Way Renton, WA 98055 Sent Via: US Mail WE ARE SENDING YOU THE FOLLOWING: Letter of Transmittal DATE: 7/18/2012 I JOB NO.: REN 112.023/S40 ATTENTION: Mr. John Hobson RE: Lind Avenue Lift Station Improvements, CAG-12-015 X Attached Under Separate Cover Via: Shop Drawings Prints Plans Samples Specifications Copy of Letter Change Order Submittals COPIES DATE NO. DESCRIPTION 2 EA Addendum No. 1 for Lind Avenue Lift Station Improvements, CAG-12-015 SA31S,kS Alnun z1oz E 9 W THESE ARE TRANSMITTED AS CHECKED BELOW: For approval Approved as submitted Resubmit copies for approval For your use Approved as noted Submit copies for distribution As requested Returned for corrections Return _ corrected prints For your information X Signature For review and comment For bids due: -7-1 Prints returned after loan to us REMARKS: Please sign both original Addendum No. I return ONE copy to RH2 Engineering, Inc., and retain ONE copy for your files. Thant: you. COPY TO: I File/cc SIGNED: Randy L. Asplund, P.E. EXT. 1 5366 06/21/12 12:56 PM J:\data\REMI 12-023\S40\2012 Lind Ave LS Contract\ADDENDUM NO. 1\20120718-Trans-1Hobson Renton Lind Gen Invest Amend I.docx John D. Hobson From: Thomas Leake [tleake @ rh2.com] Sent: Monday, May 14, 2012 10:01 AM To: John D. Hobson Cc: Mark Miller Subject: Lind Ave. Lift station John, I was nice meeting with you last week. In moving forward with the lift station design I wanted to pin down a design flow rate for the lift station. I did an analysis for the influent flow rates for the past 5 years of the current system and found the following: Flow Std Dev. (gal/min) (gal/min) Average Low Flow 20 8 Average Daily Flow Rate 34 19 Average Peak Flow 54 26 Peak Flow (Calculated by 95% confidence interval) 102 Calculated Max Growth Flow Estimate ? The average peak flow is 54 gps. Currently the lift station operates with three 550 gpm pumps, which seems to be a bit excessive. I feel that if use a future flow rate based a plausible tenanted change in the service area we may end up where we started (with excessive pumping capacity). Do you have any insight into what may be a sensible flow rate for future use? As of right now, the system we are leaning towards is a 350 gps chopper pump in duplex. Over flow capacity will be designed to hold the peak flow rate of 54 gpm for 1 hour with space in mind for future capacity in case of a tenant change. Do you have any concerns with this system? Thanks for your time. Thomas Leake M.S., E.I.T I RH2 Engineering, Inc Staff Engineer 300 Simon St, SE East Weantchee, WA 98802 Office: 509.886.6778 Cell: 509.680.3693 Fax: 509.886.2313 www.rh2.com RH2 ENGINEERING, INC. 300 Simon Street SE, Suite 5 East Wenatchee, WA 98802 E N G I N E E R S P L A N N E R S (509) 886-2900 or (800) 720-8052 S C I E N T I S T S Fax: (509) 886-2313 TO: City of Renton Utility Engineering Supervisor - Wastewater 1055 S Grady Way, 5th Floor Renton, WA 98055 Sent Via: US Mail WE ARE SENDING YOU THE FOLLOWING: Letter of Transmittal DATE: 1 / 19/2012 1 JOB NO.: REN/S40 ATTENTION: Mr. Dave Christensen RE: Engineering Annual Consultant Agreement Lind Avenue Lift Station Improvements X Attached Under Separate Cover Via: Shop Drawings Prints Plans Samples Specifications Copy of Letter Change Order Submittals COPIES DATE NO. DESCRIPTION 2 Ea Engineering Annual Consultant Agreement — Lind Avenue Lift Station Improvements 1 Ea ACORD Insurance Certificate JAN 2 3 2012 CITY OF RENTON U I ILI 1 Y SYSTEMS THESE ARE TRANSMITTED AS CHECKED BELOW: For approval Approved as submitted Resubmit copies for approval For your use Approved as noted Submit_ copies for distribution As requested Returned for corrections Return _ corrected prints For your information X Signature For review and comment For bids due: Prints returned after loan to us REMARKS: Please sign both copies of the Engineering Annual Consultant Agreement return ONE copy to RH2 Engineering, Inc., and retain ONE copy for your files. Thank you. COPY TO: I File/cc I SIGNED: I Mark Miller, P.E. I EXT 1 5372 I 01, 19,12 10:;7 ,ail Z:\Bothe11\Data\REN\S40\2012 Lind Ave LS Contract\20120119-Trans-DChristensen-Lind Ave LS .docx Exhibit A Scope of Work City of Renton Lind Avenue Lift Station Improvements January 2012 Background The Lind Avenue Lift Station is located on the west side of Lind Avenue SW near the intersection with SW 19" Street. This facility is a triplex, wet well/dry well lift station that serves the"co`rnmercial and industrial areas in the vicinity of the lift station. The lift station was last upgraded in'1983 and isin need of improvements. One major problem that the lift station is experiencing is pump clogging. In addition to the clogging problem, access to the wet well and dry xvell is difficult, making maintenance problematic for City crews. The City has tasked RH2 with identif ,ing solutions for 1eliminating, the clogging issue and improving access to the wet well and dry well for maintenance.`, The lift station has adequate capacity to serve the area for the foreseeable future. It may be, possible .to eliminate some of the wastewater flow from the commercial buildings located north of thetft station by extending the gravity system to the east side of Lind Avenue. RH2 will prepare a ;preliminary'design and final construction documents for the improvements made under this contract. Task 1— Project Evaluation Objective: Evaluate the condition of the lift station with City staff to determine the improvements necessary to allow the'lift station to continue to perform to the City's standards. Approach: 1.1 Revie existing topographic survey information provided by the City to determine if flow from the sXli can be diverted away'frgm the existing lift station to the existing gravity system located on the east side of Lind twe SW. ' 12 Meet with City staff at the project site to determine the existing operating conditions at the lift station that need tobe improved as part of this project. Confirm as -built information and document the condition of the facility. 1.3 Analyze pumping data' to determine what the capacity of the lift station should be if some of the wastewater is.;diverted away from the lift station. Determine if the lift station can be converted `xto a duplex lift station, eliminating the third pump. Identify alternative pump configurations for City review. Perform hydraulic calculations and recommend pumps for selection by the City. 1.4 Prepare a preliminary plan of the recommended improvements to the facility for City review and comment. Attend one meeting with the City to review the preliminary plan. Revise plan per City comments. Prepare one final plan to be included with the design criteria checklist. 1.5 Prepare a budget -level construction cost estimate for the proposed improvements identified in the preliminary plan. 1.6 Prepare a design criteria checklist for City review and approval. The design criteria checklist will be used for the design phase of the project. 12/27/2011 11:41:39 AM "L:\Bothe11\Data\REN\S40\2012 Lind Ave IS Contract\Scope of Work - dnft.docx City of Renton Exhibit A Lind Avenue Lift Station Improvements Scope of Work Provided by City: A complete topographic survey of the proposed project area in AutoCAD R14 electronic format for use in the design of the proposed improvements. RH2 Deliverables: • Budget -level construction cost estimate. • Preliminary plan of the recommended improvements. • Final design criteria checklist. Task 2 — Lift Station Design Objective: Develop design plans for the proposed improvements to the facility based on the design criteria developed during Task 1. Approach: Develop plan sheets for the proposed improvements to the lift station. Fourteen plan sheets are anticipated and will include the following: • Cover and Vicinity Map • General Project Information • Existing Site Plan t� • Proposed Site and Utility Plan • Proposed Mechanical Improvements • Mechanical Details • Proposed Structural Improvements • Structural Details • Proposed Electrical One -line Diagram and Schedules • Proposed Electrical Improvements' • Electrical Details 4 v" • Proposed SCADA-Imp- roveriierits • Gravity Sewer Plan Sheets'(2) Subtasks: " 2.1 Prepare 60-percent complete cover and general information sheet. 2.2 ,Prepare 60-percent complete proposed site and utility plans showing facility, improvements, access hatch locations, and electrical equipment including TESC plan for implementation during the construction. 2.3 Prepare 60-percent complete structural plans required for improving access to the wet well and dry well, including a cover structure for the electrical equipment. Preform structural calculations and prepare structural details. 2.4 Prepare 60-percent complete mechanical plans including pump, major piping, and accessories. Accessories may include vents, pressure gauges, and water service, as selected during preliminary design. ,�y - 2.3 Prepare 60-percent complete electrical and SCA A plans. 2 1 /27/11 11:41 Ahl -L:\Hothe11\Data\RF..N\S40\2012 Lind Ave LS Contnct\Scope of \\'ork - dnft.docx City of Renton Exhibit A Lind Avenue Lift Station Improvements Scope of Work 2.6 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. 2.7 Develop final project details as required for 90-percent complete design. 2.8 Submit finished plans (90-percent complete design) to City for review consisting of one electronic copy in PDF format and two half size drawing sets. Attend one review meeting with the City. f Ill 2.9 Conduct an in-house QA/QC review of plans. Based on review comments, prepare final plans and details. 2.10 Prepare bid quantities and an engineer's construction cost estimate based on the final plans. RH2 Deliverables: \ • 60-percent review plans. • 90-percent review plans. • Engineer's estimate for final review. Task 3 — Technical Specifications Objective: Develop preliminary project specifications to�accompany.construction plans. Approach: 3.1 Prepare specifications using RH2 technical,ispecificatioris tailored for this project. 3.2 Coordinate with the City to update th'e-standard specifications and general conditions as warranted for this project..,, 3.3 Prepare review documents and receive Citystaff comments. Address City comments. z Provided by City: ` • Standard specifications ang' eperal,conditions for review with project. RH2 Deliverables: y, • Two sets of draftspecifications, to be provided at 90-percent plan review. Task 4 — Services During Bidding and Award Objective Provide _engineering seivices during the bidding phase of the project for securing a qualified contractor to constYuct­the project. Approachc`D' 4.1 Prepare bid advertisement and coordinate the timing and placement of the bid advertisement with the City. The City will submit the advertisement to the appropriate publications. 4.2 Produce one electronic set and four hard copy sets of plans and technical specifications: one set for City use and bidding purposes, and three sets for RH2's file and staff use during bidding. Plan sheets will be provided on 11-inch-by-17-inch sheets. It is assumed that plan sets will consist of 12 sheets maximum. The City will produce bid document sets as needed for the purpose of the project. 3 12/27/11 11:41 ANI Z:\Bothell\Data\RF.N\S40\21112 Lind Ave IS Contract\Scope of \Vork - draf .does City of Renton Exhibit A Lind Avenue Lift Station Improvements Scope of Work 4.3 Respond to questions from bidders and revise, construction plans, technical specifications, or contract conditions during the bidding process if needed. This may include the preparation and issuance of up to one addendum. 4.4 Assist the City writh the evaluation of the qualifications and references for the apparent low bidder. Prepare recommendation of bid award letter. It is assumed that the City will handle bid award and contract execution. 4.5 Prepare construction plan sets and specifications for pre -construction meeting. Produce PDF version of documents. Provided by City • Management of the Builder's Exchange online bidding process. H, • Distribution of bid documents and maintenance of the planholder's list, if applicable. • Bid opening attendance and tabulation of received bids. u„-b • Issuance of addendum, if any, to all contract document holders. RH2 Deliverables • Bid plan sets: one electronic set, and one hard copy. • Phone assistance to vendors and bidders during tl*,bidding phase. • Reference check of lowest bidder. • Preparation of recommendation of bid"award letter. • Three full-size and three half-size construction plan sets for construction. • PDF file of construction plans for City cruse. Task 5 — Gravity Sewer Design Objective: Prepare gravity sewer design plans if Jt is determined in Task 1 that gravity flow from the commercial buildings on the west side of Lind Avenue can be diverted to the east side of Lind Avenue. Approach: 5.1 Prepare design drawings"for the construction of gravity sewer main to divert gravity flow from Manhole (5319205) orManhole(5319153) across Lind Avenue to the gravity sewer main on the ,,east side of Lind Avenue. Develop construction details. Review and address comments with City. 52 � "Amend lift station technical specifications to include the necessary gravity sewer specifications. Assumptions•' Design will need to address the stormwater pipe that is located at the same elevation of the proposed gravity sewer. RH2 will use Renton Standard detail for roadway trench restoration, if restoration is needed. Two drawling sheets will be needed to show all gravity sewer improvements and details. 4 12/27/11 11:41 AM %:\Bothe11\Data\KF_N\S40\2012 Lind Ave IS Contract\Scope of Work - draft.docx City of Renton Exhibit A Lind Avenue Lift Station Improvements Scope of Work Task 6 — 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 day-to-day construction administration. RH2 will provide the following services during construction. Approach: 6.1 Prepare agenda for and attend the pre -construction conference. 6.2 Respond, in writing, to Requests for. Information. Correspond via email and written letters with City and contractor to document construction issues as necessary. It is.antici, Aed",that two hours per week will be required for this task. #` 6.3 Review and prepare change orders, if necessary. Deliver to City for proces'sirig. 6.4 Receive and review project submittals and maintain a submittal list:R: 6.5 Conduct periodic site visits to determine the progress and quality of the, structural, mechanical, and electrical work and to check that the project is being completed in general conformance with the contract documents. Attend periodic progress meeting wiih. the'City staff and contractorat city Hall. Prepare inspection reports for R142 inspection. RH2 U not make exhaustive or continuous on -site inspections, but will visit the site ,,during construction operations for approximately 4 hours per week for a total of 16"weeks. During the visits, RH2 will keep the City informed of the progress of the work; and may recommend rejection of the work if it fails to conform to the contract documents. 6.6 Review project progress pay estimate _stlimittals by the contractor. Prepare progress payments using standard City format. 6.7 Assist with preparing the project punch list and attend the final project walk-through inspection with the City and contractor..:- 6.8 Revise plans with as -built inforrriation received from the Contractor and the City. Provide one kir hard copy (11-inch-by-17=inch), one 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 documentation and deliver to Cl",. Documents will include inspection reports, digital photos, and other documents described in the Scope of Work. Assumptions: ­ RM" is _.not responsible for site safety, nor is RH2 responsible for directing the r contractor in the contractor's work. The City will manage and execute the construction phase of the project. The City will provide full-time inspection during construction. RH2 Deliverables • Submittal review documentation. • Change order documentation. • Punch list. • As -built records: 5 12/27/ 11 11:41 AEI Z:\Bothe11\Data\RF..N\S40\2012 Lind Ave IS Contract\Scope of Work - drafcdoc� City of Renton Exhibit A Lind Avenue Lift Station Improvements Scope of Work 0 one 11 x 17 color 0 one full size mylar (black and white) 0 one electronic PDF set 0 one AutocCAD files • Inspection reports. • Digital photos. ;1 4 6 12/27/11 11:41 AM ZABothe11\Dva\REN\S40\2012 Lind Ave LS Contma\Scope of Work - dmft.docx Exhibit B: Time Schedule of Completion City of Renton Lind Avenue Lift Station Improvements — Design, SDB and SDC Task Completion Task 1 — Project Evaluation July 31, 2012 Task 2 — Lift Station Design December 31, 2012 Task 3 — Technical Specifications December 31, 2012 Task 4 — Services During Bidding and Award March 31, 2013 Task 5 — Gravity Sewer Design December 31, 2012 Task 6 — Services During Construction December 31, 2013 CONTRACT COMPLETION DATE: December 31, 2013 12/9/2011 2:23 PM Z:ABothe11\Data\REN\S40\2012 Lind Ave LS Contract\Exhibit B - Complet EXHIBIT C-2 - PRELIMINARY City of Renton Lind Avenue Lift Station Improvements ran FDeacrlptlon _._. ....._.... __ _. Classlrlcallon ___... _. Pdnelpal ;Project Manager P,Ojftt Manager' .. _. _..... .. .. Pralosslonal Vlll � Profess anal Vil, Proiasabnal Vll Project i Stan Engineer i Engineer .... I Prolessional lV ;� Prolesslonal ll Start Engineer .. Profess onell 1 Word Processor __. Admin stralrve ll Total Hoare Total Labar Subconsaant Togl Eapense Total Cast Task 1 Project Evaluation ........................_..................................;..................._.................. ....... ...... ...... ...... ........... ....:..... ............ ................................ ....... ....... — 1.1 1.2 Review too rz hic surve for r evi solution Meet with slnit/confirm surve data - f - - 's 4 - 1 2 - i 4 - ' - 4 8 $ 168 $ 384 $ $ - $ E 59 155 $ $ 228 539 1.3 Analyze um datalselecl amp allernativas ....................................................................I.................................,:....................................................................................................e................................... - 1 - i 2 i 6 - i - 9 $ 330 $ - E 146 E 476 1APre are relimina Ian for review .................................. :...............................:.................................:............._......................................................................................a................................. - 2 - 1.5 Pre are bud el -level construction cosl estimate ................ - 1 - -....................................................................... .............$$7................ e0.............. __...... -- ] S 2]t $ - E 09 $ 360 1.6 Pro are desi n cram. checklist Subtotal ...........................................................--...................._.........__ 1 10 .._...._.._2...... ........... .............. ....................... 3 '` 12 72 - 1 4 55 S 194 f 2,145 $ f - E f 32 857 $ $ 226 3,002 Subtotal Lind Avenue Litt Station Improvements, Tasks S -Is $ - $ Direct Salary Cost DSC 5 68 12 199 185 96 45 610 $ . _;;a22 0989 $ - $ 7186 OVERHEAD (OH Cost Including Salary Additives) OH Rate OH Rate x DSC 186.16% :f t<u.w.42.9g8 FIXED FEE (FF) FF Rate FF Rate x (DSC.OH) 12.00% :$:°i`��:?�f'""A,0.tt: SUBCONSULTANT TOTAL E REIMBURSIBLES TOTAL 3 '::ae•tea TOTAL E a ^$ u3,iits EXHIBIT C-3 SUMMARY OF FEE FOR ENGINEERING SERVICES BREAKDOWN OF OVERHEAD COST Direct Labor Base 100.00% FICA & Medicare 1 1.91 % .......................................................................................................................................... Unemployment .......................................................................................................................................... 1.04% Vacation, Holidays & Sick Leave .......................................................................................................................................... 21.27% Health & Accident Insurance 1 1.78% .......................................................................................................................................... Retirement Plan 6.49% .......................................................................................................................................... Industrial Insurance 0.48% Total Direct Labor Overhead: 52.97% G&A Overhead Indirect Labor 67.02% Bonus 19.41 % .......................................................................................................................................... Travel 3.23% .......................................................................................................................................... Office Rent 23.74% .......................................................................................................................................... Postage & Miscellanous .......................................................................................................................................... 1.00% Equipment Support 12.13% Telephone .......................................................................................................................................... 2.52% Supplies .......................................................................................................................................... 3.88% Legal/Acctg/Computer Consultant 0.80% Professional Development .......................................................................................................................................... 0.70% Dues & Subscriptions 0.77% B&O Taxes 6.38% .......................................................................................................................................... General Insurance 3.89% .......................................................................................................................................... Business Planning and Recruiting 2.74% In-house cost reimbursed.......................................................................................................................................... -15.03% Total G&A Overhead 133.19% TOTAL 186.16% SUMMARY OF COSTS Project No. Name of Project: Lind Avenue Lift Station Improvements Direct Salary Cost (DSC) $ ........................................................................................................................................................................................................................................... Overhead Cost ............... �includin payroll additives.............................................................................................................-186.16% $ Net Fee ....................................... Direct Non -Salary Costs a. Travel and . per diem ..... b. Reproduction expenses C. Computer expense d. Outside consultants .............................................................................. e. Other (specify) Reimbursables .............................................................................. Total Sub Total S 12.00% $ S - S - S - S - S 9,186.46 $ 9,186.46 Sub Total S GRAND TOTAL S 83,215 23,098 42,999 66.097 7,932 74,029 Exhibit A Scope of Work City of Renton Lind Avenue Lift Station Improvements January 2012 Background The Lind Avenue Lift Station is located on the west side of Lind Avenue SW near the intersection with Shy' 19`h Street. This facility is a triplex, wet well/dry well lift station that serves thecommecial and industrial areas in the vicinity of the lift station. The lift station was last upgraded iri''1983 and is in need of improvements. One major problem that the lift station is experiencing is pump clogging In addition to the clogging problem, access to the wet well and dry well is difficult, making maintenance problematic for City crews. The City has tasked RH2 with identifying solutions forAelihninating Che clogging issue and improving access to the wet well and dry well for maintenance.", ^�Tlie lift,"station has adequate capacity to serve the area for the foreseeable future. It may be, possible.,to. eliminate some of the wastewater flow from the commercial buildings located north of the"lift station by extending the gravity system to the east side of Lind Avenue. RH2 will prepare aprelirriinary�design and final construction documents for the improvements made under this contract. Task 1— Project Evaluation Objective: Evaluate the condition of the lift station with City staff to determine the improvements necessary to allow the lift station to continue to perform t"" City's standards. Approach: 1.1 Review existing topographic survey information provided by the City to determine if flow from the south can be diverted away from the. existing lift station to the existing gravity system located on the east side of Lind' -,"Awe SW. 1.2 Meet with City staff, at -the project site to determine the existing operating conditions at the lift station that nee& o be improved as part of this project. Confirm as -built information and document the condition of the facility. 1.3 Analyze pumping data to determine what the capacity of the lift station should be if some of the wastewater is diverted away from the lift station. Deterrnine if the lift station can be converted fo a duplex lift.stadon, eliminating the third pump. Identify alternative pump configurations for City review.. Perform hydraulic calculations and recommend pumps for selection by the City. 1.4 Prepare a preliminary plan of the recommended improvements to the facility for City review and comment. Attend one meeting with the City to review the preliminary plan. Revise plan per City,comments. Prepare one final plan to be included with the design criteria checklist. 1.5 Prepare a budget -level construction cost estimate for the proposed improvements identified in the preliminary plan. 1.6 Prepare a design criteria checklist for City review and approval. The design criteria checklist will be used for the design phase of the project. l 1 12/27/2011 11:41:39 AM Z:\Bothe11\Data\REN\S40\2012 Lind Ave LS Contract\Scope ofWork - dnft.docs City of Renton Exhibit A Lind Avenue Lift Station Improvements Scope of Work Provided by City: A complete topographic survey of the proposed project area in AutoCAD R14 electronic format for use in the design of the proposed improvements. RH2 Deliverables: • Budget -level construction cost estimate. • Preliminary plan of the recommended improvements. • Final design criteria checklist. Task 2 — Lift Station Design µ` Objective: Develop design plans for the proposed improvements to the facility;"based on they design criteria developed during Task 1. Approach: '- Develop plan sheets for the proposed improvements to the lift station. Fourfeen plan sheets are anticipated and will include the following: • Cover and Vicinity Map • General Project Information • Existing Site Plan • Proposed Site and Utility Plan • Proposed Mechanical Improvements • Mechanical Details • Proposed Structural Improvements, • Structural Details • Proposed Electrical One -line Diagram and Schedules • Proposed Electrical Improvements sue: • Electrical Details u • Proposed SCADA, I'inprovements • Gravity Sewer Plan Sl eetsw>(2) s1, Subtasks: . 2.1 Prepare 60 percent complete cover and general information sheet. 2 2 Prepare 60-percent complete proposed site and utility plans showing facility improvements access hatch locations, and electrical equipment including TESC plan for implementation during the construction. 2.3 Prepare 60-percent complete structural plans required for improving access to the wet well and dry well, including a cover structure for the electrical equipment. Preform structural calculations and prepare structural details. 2.4 Prepare 60-percent complete mechanical plans including pump, major piping, and accessories. Accessories may include vents, pressure gauges, and water service, as selected during preliminary design. 2.5 Prepare 60-percent complete electrical and SCADA plans. 2 12/27/11 11:41 AM Z:\Bothe11\Data\RHN\S40\20112 Lind Ave LS Contract\Scope of Work - draft.doc> City of Renton Exhibit A Lind Avenue Lift Station Improvements Scope of Work 2.6 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. 2.7 Develop final project details as required for 90-percent complete design. 2.8 Submit finished plans (90-percent complete design) to City for review consisting of one electronic copy in PDF format and two half size drawing sets. Attend one review meeting with the _Ci .' ty 2.9 Conduct an in-house QA/QC review of plans. Based on review comments, prepare final plans V and details. 2.10 Prepare bid quantities and an engineer's construction cost estimate based on the final plans. RH2 Deliverables: • 60-percent review plans. • 90-percent review plans.s _$ • Engineer's estimate for final review. Task 3 — Technical Specifications a Objective: Develop preliminary project specifications to:accompany.:construction plans. Approach: 3.1 Prepare specifications using RH2 technicahspecihcations tailored for this project. 3.2 Coordinate with the City to update the standaid specifications and general conditions as warranted for this project.�;`� N.. 3.3 Prepare review documents and receive City "staff comments. Address City comments. Provided by City: • Standard specifications and':general conditions for review with project. RH2 Deliverables: Ji- f' • Two sets of draft=specifications, to be provided at 90-percent plan review. Task 4 — Services During`$idding and Award Objective Gq ;:5 Provid.c engineering services during the bidding phase of the project for securing a qualified contractor to construct the project. Approach -_` ` 4.1 Prepare bid advertisement and coordinate the timing and placement of the bid advertisement with the City. The City will submit the advertisement to the appropriate publications. 4.2 Produce one electronic set and four hard copy sets of plans and technical specifications: one set for City use and bidding purposes, and three sets for RH2's file and staff use during bidding. Plan sheets will be provided on 11-inch-by-17-inch sheets. It is assumed that plan sets will consist of 12 sheets maximum. The City will produce bid document sets as needed for the purpose of the project. 3 12/37/11 11:41 AM Z ARothe11\Data\REN\S40V^_Ol_^ Lind Ave IS Contract\Scope of \Cock - dcaft.docs City of Renton Exhibit A Lind Avenue Lift Station Improvements Scope of Work 4.3 Respond to questions from bidders and revise, construction plans, technical specifications, or contract conditions during the bidding process if needed. This may include the preparation and issuance of up to one addendum. 4.4 Assist the City with the evaluation of the qualifications and references for the apparent low bidder. Prepare recommendation of bid award letter. It is assumed that the City will handle bid award and contract execution. 4.5 Prepare construction plan sets and specifications for pre -construction meeting. Produce PDF version of documents. Provided by Cityr • Management of the Builder's Exchange online bidding process. • Distribution of bid documents and maintenance of the planholder'shst, if applicable. • Bid opening attendance and tabulation of received bids • Issuance of addendum, if any, to all contract document holders. RH2 Deliverables .' • Bid plan sets: one electronic set, and one hard copy. • Phone assistance to vendors and bidders during the, bidding phase. • Reference check of lowest bidder. • Preparation of recommendation of bid'award letfer. • Three full-size and three half-sizeconstruction plan sets for construction. • PDF file of construction plans for City use Task 5 — Gravity Sewer �Desiggr,'-;� Objective: Prepare gravity sewer design plans`€ it is determined in Task 1 that gravity flow from the commercial buildings on the west side of -,Lind Avenue can be diverted to the east side of Lind Avenue. Approach: �.r 5.1 Prepare design dra.-`%rings; for the construction of gravity sewer main to divert gravity flow from Manhole (5319205) or Manhole (5319153) across Lind Avenue to the gravity sewer main on the east side of Lind Avenue. Develop construction details. Review and address comments with �C�ry 5.2 "end lift station technical specifications to include the necessary gravity sewer specifications. Assumption" s,:,- 6� Design will need to address the stormwater pipe that is located at the same elevation of the proposed gravity sewer. RH2 will use Renton Standard detail for roadway trench restoration, if restoration is needed. Two drawing sheets will be needed to show all gravity sewer improvements and details. 4 12/27/11 11:41 AM Z:\Rothe11\Data\REN\S40\2012 Lind Ave LS Contnct\$tope of \\cork - dnft.docx City of Renton Exhibit A Lind Avenue Lift Station Improvements Scope of Work Task 6 — 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 day-to-day construction administration. RH2 will provide the following services during construction. Approach: 6.1 Prepare agenda for and attend the pre -construction conference. W'4 6.2 Respond, in writing, to Requests for Information. Correspond via email and written letters with City and contractor to document construction issues as necessary. It is ;anticip'ated;,,'�hat two hours per week will be required for this task. 6.3 Review and prepare change orders, if necessary. Deliver to City for processing.' 6.4 Receive and review project submittals and maintain a submittal list'All 6.5 Conduct periodic site visits to determine the progress and quality of the 'structural, mechanical, and electrical work and to check that the project is being completed in.general conformance with the contract documents. Attend periodic progress meeting with,the`�City staff and contractorat city Hall. Prepare inspection reports for RH2 inspection. R2-will not make exhaustive or H continuous on -site inspections, but will visit the site =during construction operations for approximately 4 hours per week for a total of 1.Gw ",,,,.. eks. During the visits, RH2 will keep the City informed of the progress of the work; and may re'&mmend rejection of the work if it fails to conform to the contract documents. Ems, sr' 6.6 Review project progress pay estimate submittals byr the contractor. Prepare progress payments using.standard City format. { t 6.7 Assist with preparing the project punch list and attend the final project walk-through inspection with the City and contractor. 6.8 Revise plans with as'built informa`n*on.;received from the Contractor and the City. Provide one hard copy (11-inch-by-l7=ii'rich), one 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 documentation and deliver to,City. Documents will include inspection reports, digital photos, and other documents described in the Scope of Work. Assumptions:' _ 4 f • ,­ FRH2 �'is; ,not responsible for site safety, nor is RH2 responsible for directing the r,y' contractor in the contractor's work. , The City will manage and execute the construction phase of the project. •: The City will provide full-time inspection during construction. RH2 Deliverables = • Submittal review documentation. • Change order documentation. • Punch list. • As -built records: 5 12/27/11 11:41 AM Z:\Bothe11\Data\RGN\S40\2012 Lind Ave LS Contna\Scope of Work - dnfcdocs City of Renton Lind Avenue Lift Station Improvements 0 one 11 Y 17 color 0 one full size mylar (black and white) 0 one electronic PDF set 0 one AutocCAD files • Inspection reports. • Digital photos. e A. Exhibit A Scope of Work 6 12/27/11 11:41 AM Z:\Bothe11\Data\REN\S40\2012 Lind Ave IS Contact\Scope of lC-ock - diandocx Exhibit B: Time Schedule of Completion City of Renton Lind Avenue Lift Station Improvements — Design, SDB and SDC Task Completion Task 1 — Project Evaluation July 31, 2012 Task 2 — Lift Station Design December 31, 2012 Task 3 — Technical Specifications December 31, 2012 Task 4 — Services During Bidding and Award March 31, 2013 Task 5 — Gravity Sewer Design December 31, 2012 Task 6 — Services During Construction December 31, 2013 CONTRACT COMPLETION DATE: December 31, 2013 12/9/2011 2:23 Pvl Z:\Bothe11\Data\REN\S40\2012 Lind rive LS Contract\Exhibit B - Complet EXHIBIT C-2. PRELIMINARY City of Renton Lind Avenue Lift Station Improvements Estimate of Time and Expense Pd olpal P oleo M g P 1 1 Ma g Project 1 Staff Engineer Suitt Word Processor Description E gi ` E gl .Total L Do S bco Imnl .: T 1 I Exponi Total Cost: T t 1 Hour. ....... .......... .. _ .... .......... ... .+ o ..... _ ... Claeiiflcallon Professional Vill . Professronal Vll Pmfe�sb I VII Professional IV - Prala III Prolessi al 1' AdrrnlstralNe II Teak 1 Protect Evaluation ' ,,,, _. . ...... ..... I.1 Rev ew to o re hb suns for ravl sobllon ? I P I 1 2 . 1.... $ 168 $ "-- $ '' 59 Y'. ." .228 1.2 Meel wlh staff/conl'rm curve data 4 ...-........ :...........4 ............:...... _...... .........S 3B4 S - f .155 7 539 Anal za umPtlala/selact PumpakernalNas .........................._........_ ..._....... _ . .......................... .............1.3 -......, l I I'v S. 330 S' - f Iq6 $ '1 <.q76 1.4Pre are refm na tan for rev ow .............?.. ,. ................. ............ ....... 1 18. ._1.........$- � 2 q............... , ............ ............................ ....... ..1.5 1 1 "'.798 ':. $ ':.: S 375 $'1173 Pro are butl et lovol construct on cost eslimatD 1.6 Pla erodes n cri0na checklist - 1 - 2 4 - - .. ...... .. .... I 3 ! 4" $ 271 $ 194 $ $ .. $ Be b ' 32 :: $ 360 $ 226 Subtotal 10 12 32 1 55 f - 2145 S. S "857 f 3,002 Task 2 Lift Station Design I I ' -' _ "' -' 2.1 Pro aro 60- rconl cover antl pnOral mloemal oo sheet - _ I - : 2 - 8 : 11 $ ' '^' 390 E' -' 190 $ �580 2.2 Pro aro fi0- rconl silo and u19ii des' n �. I • ' 4 ........ ...- 12 .... '17 S 595 $ - $ -. 277 S' `872 2.3 Pre aro 60- rcoM structural dos' n _ _ - 1 2 4 16 23 S 951 $ - S '- 381 S' - - 1,228 2.4 Proparo 60-pOrconl mechanical tlpsig= .................................................................................................._.__...........__...._......__............................_..........................._.........-.........._....................... - i 2 - i e t6 - - 26 $ - 951 E . E 411 S 1,362 2.5 Prepare 60-Peracanl electrical and SDADA tloisgn 1 12 60 �. 78 $:. 2,678 _$ - $_. - 1,279 $ -''. 3,958 2.6 Submi160-percent design and mwew wish Cily. - . ._.. .............. 1 6 1 8 ..,.,, 1 4 ........... 1 20 $. 940 S b 364 Y "' 1,304 2.7 Develop linal project tletails - ......................................__.........................».............................:........................ 1 2 `2 ':8 ,20 ......................_. ..... ZQ,,,,,,, - ,,,,,,, ...... 52 E - 1,748 S - - $":-: - :939 $ - 2.885 2.8 Submiied finished tans v p and roe, wiih Cit ....... [ .4 - - '.._.........._4 1..............4......................_........:............... ..............-............. 13 - $ .572 E f .355' $ •: -926 2.9 Penorm Inhouse OA/OC review of tans 9.... ' 6 2....... '. '10 $ " 673 $ - $ 52 $: -:-725 2.10 Prepare bitl quantities and en 'nears construct on cost estimate 4 - 9 $ 356 S. :. - - $ - I19 S 471 Subtotal 4 34 5 50 84 Bo 2 259 f . " 9,747 f 6 "4,367 f _.: 14,"s Task 4 Services During Sitltling and Awartl : ......I- t 'I° 4.1 PrePare bitl atl antl coartlinala with City _ 1 2 $'- -60 $ - $ 57 S 117 4.2 Pmpam elorl—is and bid sets for birds, - .1 2 j 6 - 1 ........... ...... .-.... ........ ...........I .........4 - .........1 ...........2- 10 S 348 $. - E - .286 $ fi34 4.3 Respontl Wqueslions from bdtlem- .... I i .............1..... 12 E 447 E '. - E-'121 S .. 568 4.4 AssLi City w th bid evaluaton 1 - - - E + ' 2 $ 84 $ ': E 2 E '- 86 4.5 Prepare ere constuRon pion catsaMs acical ens for pre<on Subtotal 1 3 4 2 4 b 1 i 0 10 4 7 10 36 $--'. 349 6 -. 1,288 $ ... S $ -' 616 6. 1 .. S 966 f .2,371 Subtotal Lind Avenue Lift Station Improvements Tasks I - I E - $ - $ - $ ;> i :. i;Direct Salary Cost (DSC"" 5 68 12 199 185 96 45 1 610 `$ <-123098 $ - $ 9,186 OVERHEAD (OH Cost Including Salary Additives) OH Rate OH Rate x DSC 186.16% FIXED FEE (FF) FF Rate -' FR Rate x (DSC+OH) 12.00 . S < • 7,9J2' SUBCONSULTANT TOTAL R EIMBURSIB LES TOTAL S-=sa'9p86. ,TOTAL EXHIBIT C-3 SUMMARY OF FEE FOR ENGINEERING SERVICES BREAKDOWN OF OVERHEAD COST Direct Labor Base 100.00% FICA & Medicare 11.91 % .......................................................................................................................................... Unemployment .......................................................................................................................................... 1.04% Vacation, Holidays & Sick Leave 21.27% .......................................................................................................................................... Health & Accident Insurance 11.78% .......................................................................................................................................... Retirement Plan 6.49% .......................................................................................................................................... Industrial Insurance 0.48% Total Direct Labor Overhead: 52.97% G&A Overhead Indirect Labor .......................................................................................................................................... 67.02% Bonus 19.41 % .......................................................................................................................................... Travel 3.23 % .......................................................................................................................................... Office Rent .......................................................................................................................................... 23.74% Postage & Miscellanous .......................................................................................................................................... 1.00% Equipment Support .......................................................................................................................................... 12.13% Telephone 2.52% .......................................................................................................................................... Supplies........................................................................................... �. 3.88% Legal/Acctg/Computer Consultant .......................................................................................................................................... 0.80% Professional Development 0.70% .......................................................................................................................................... Dues & Subscriptions 0.77% ........................................................................................................................................ B&O Taxes 6.38% General Insurance 3.89% .......................................................................................................................................... Business Planning and Recruiting 2.74% .......................................................................................................................................... In-house cost reimbursed -15.03% .......................................................................................................................................... Total G&A Overhead 133.19% TOTAL 186.16% SUMMARY OF COSTS Project No. Name of Project: Lind Avenue Lift Station Improvements Direct Salary Cost (DSC) $ 23,098 ........................................................................................................................................................................................................................................... Overhead Cost (includin$.�ayroll additives.......................................................................................................................186:16% $ 42,999 Sub Total $ 66,097 Net Fee 12.00% $ 7,932 .................................................................................................................................................................................................................. Direct Non -Salary Costs: a. Travel and per diem $ ............................................................................................. b. Reproduction expenses $ ............................................................................................. c. Com uter..ex..P.ense $ ................................................................................... d. Outside consultants $ - ............................................................................................. e. Other (specify) Reimbursables $ 9,186.46 ............................................................................................. Total $ 9,186.46 Sub Total $ 74,029 GRAND TOTAL S 83,215