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HomeMy WebLinkAboutCAG2019-012 - Original - Otak, Inc. - Mill Creek at 76th Ave S Flood Protection Improvements - 01/17/2019 M NT Records Management Document CONTRACT COVER SHEET This is to b cornpkAe-1 by the cov-jtra�ct prior° to t aubmission to the City Clerk's Office_ All portions arc to be completed. If you havequestions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Otak, Inc. Vendor Number (IDE): Contract Number (City Clerk): Ck) (I I e,[- U I'2- Category: Contract Agreement Sub-Category (if applicable): None Project Name: Mill Creek at 76th Ave. S. Flood Protection Improvements Mayor's signature I �11�1� 12/31/19 Contract Execution Date: Termination Date: Susanne Smith PW: Engineering Contract Manager: Department: g g Contract Amount: $617400.00 Budgeted: ✓0 Grant? Part of NEW Budget: Local: ❑ State. n Federal: F Related to a New Position: 1-1 Basis for Selection of Contractor? Other Approval Authority: Director ❑✓ Mayor City Council Other Details: Provide,Dreliminary design services of three culverts to replace__. _—........._..__� --....... „ .. undersized culverts for the project. Z -7 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Otak, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Otak, Inc. organized under the laws of the State of Washington, located and doing business at 11241 Willows Road NE, Suite 200, Redmond, WA 98052, Phone: (425) 822-4446, Contact: Lori McFarland (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: .. ............ ------- ......_,.... __._.__ --.-... The Consultant shall provide preliminary design services of three culverts to replace undersized culverts for the Mill Creek at 761° Ave. S. Flood Protection Improvements Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty One Thousand, Four Hundred Dollars ($61,400.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will imi-nediately make every effort to settle the disputed portion, IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A, The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D, The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harnless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's negligent performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for darnages arising out of bodily injury to persons or danmages to property caused by or, resulting Prom time concurrent negligence of the Consultant and the City, Its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, Indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Coresutt;anl's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act, The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.60 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non Waiver of Breath. The failure of the City to insist upon strict perforrraance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreen tints or options, and the same shall be and remain in full force and effect. C. f-esatlutlara of Disputes and Goyel_nincL This Agreement shall be governed by and construed In accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 (over$20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Not-ice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire.,AgLttemeri The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with.-I.aws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records-Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. CiWo mess lic>nse Reouired. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a, current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code, CONSULTANT SERVICES AGREEMENT - 4 (Over-$20,000) K. jagLj 'fterpar S :nd `-dg0ptujT ,yr, g -IX_gdj Ernail. This Agreement may be executed In any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: � (SI,rJn7tW f',)' �SI4J!!3I'ELI'8 `""•. . Print Name l' 'r. `" 1 rr_„ Print Name; Dana Ralgh Itsj�.....n�..._.. "" y Mavnr DATE ........ DATE: _�.� 4 -- — ...._ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lori McFarland Timothy J. LaPorte, P.E. Otak, Inc. City of Kent 11241 Willows Rd. NE, Suite 200 220 Fourth Avenue South Redmond, WA 98052 Kent, WA 98032 (425) 822-4446 (telephone) (253) 856-5500 (telephone) (425) 827-9577 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: — ..._........... Kent Law Department ATTES ...m_.__I,...,........� _... ..._. ...._ Kent City Clerk ....... —....— _. Otak-MIII Crtek at JE"/SmiIM1 CONSULTANT SERVICES AGREEMENT - 5 (Over.$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4, During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5, Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below I agree to fulfill the five requirements referenced above. C d By: � For: Title: k Date: EEO COMPLIANCE DOCUMENTS - ] CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as _ that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By:,_... - - _..... For: Title: Date: FFO COMPLIANCE DOCUMENTS - _? EXHIBIT A tali O 61 Attachment City of Kent Mill Creek at 7611h Avenue S Flood Protection Improvements Phase 1 - Preliminary Design Otak Project No. 33048 Scope of Services The City of Kent requested a scope of work and fee proposal for the design of three culverts to replace undersized culverts through a stretch of Mill Creek approximately 900 feet in length. Two culverts are under driveways shared by businesses at 22011 761h Avenue S and 22203 761h Avenue S. The third culvert crosses 761h Avenue S near the south property line of 22203 761"Avenue S. The project is part of Project A-7 in the City of Kent Master Drainage Plan (September 2008). The project has been broken into two segments with the work downstream of the culverts described as the Mill Creek Re- establishment Project, and this project as the Mill Creek at 761h Avenue S Flood Protection Improvements Project. The creek re-establishment project is further along in development and ready to submit for permitting, but regulatory agencies (specifically the US Army Corps of Engineers) will require sufficient information on both projects to initiate their review. The flood protection project will consist of replacing the three culverts, revisions to the creek alignment, cross section and grade, and revisions to 7611 Avenue S to raise the grade and increase the cross section to meet complete streets requirements to the extent feasible. Otak's scope is limited to the culvert design and creek revisions. Early planning work by the City has identified an approximate alignment for Mill Creek and sized the culverts with a 15-foot interior width, 6-foot height, and lengths of 60 to 80 feet for the first two, and 90 to 100 feet for the third. Sizing will be confirmed as part of this scope of work. Construction of the project is anticipated in 2020. This scope of services is based on email and telephone correspondence with the City and a site visit on October 10„ 2018 The project will be accomplished in three phases—Alternative Selection, Preliminary/Final Design and Permitting, and Construction Support. This scope of work describes those activities within the Alternative Selection phase to determine the type, size and location of the culvert replacement which will be used to apply for permits in conjunction with the City's Mill Creek Re-establishment project. Phase 1 - Alternative Selection Phase 1 will begin by gathering data, identifying project goals, and looking at alternatives to meet the goals.A type, size and location report will be prepared and reviewed by the City, The City, with input from project stakeholders,will determine which aiternative to take through design development, Work up to this point is described as Phase 1 throughout this Scope of Work, it is anticipated that the following items of work will be needed to accomplish Phase 1: k,lpmjectl3 30 001330 4 81contrect;mill creek culvert replacement scope 2018 1219.docx 11241 Willows Road NE, Suite 200 Redmond, WA 98052 • Phone(425)822-4446 Fax(425)B27-9577 otak.com Page 2 Milt Creek at 761^Avenue S Flood Protection Improvements Project—Preliminary Design December 21, 2018 • Data Collection o Topographic surveying, boundary resolutions and basemap preparation—comptefed by the City o Gather pertinent environmental data including delineation of ordinary high water and wetland boundaries delineation and stream assessment and prepare Critical Areas Report—completed by the City o Geotechnlcal Investigations —by others through o separate contract with the City o Cultural and historic resource assessment, if required —by others through a separate contract with the City o Gather Information on existing utilities if available—to be performed by the City • Identify, develop and analyze culvert alternatives u Identify alternatives for study o Develop culvert alternatives to an approximate 20-percent design level o Analyze the impact utilities will have on each alternative—to be performed by City with support from Otak o Preliminary hydraulic analysis to confirm culvert sizing o Develop stream typical section o Culvert type, size and location analysis, including constructability and cost estimates o Submit alternatives analysis memorandum to City for review and selection of a preferred alternative, including a draft and final report o Provide information to the City as needed to submit a JARPA with sufficient detail for the US Army Corps of Engineers review + Prepare scope and fee estimate for Phase 2 Preliminary/Final Design and Permitting for City review and approval Project Criteria The City will establish the project parameters and design criteria, Reports and plans shall be developed in accordance with the latest edition and amendments as of the date of the Notice to Proceed, of the following documents. Changes in any design standards or requirements after work has begun may result in Extra Work, City of Kent (City) • Kent Design and Construction Standards Manual 2009 and Standard Plans, including updated standards • Kent 2017 Surface Water Design Manual • Kent DraftinglCADD Standards Washington State Department of Transportation (WSDOT) • Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction (1 2018 • Standard Plans for Road, Bridge, and Municipal Construction (M21-01) • Design Manual (Di (M22-01) • Highway Runoff Manual (HRM) (M 31-16) Hydraulics Manual (M 23-03) + Local Agency Guidelines (LAG) Manual Bridge Design Manual (BDM) (M23-50), June 2017 Geotechnical Design Manual, May 2015 Construction Manual • General Special Provisions American Association of State Highway and Transportation Officials (AASHTO) • Load and Resistance Factor Design (LRFD) Bridge Design Specifications 7th Edition, 2014 with the current k:Iproject133000030481contrectlmili creek culvert replacement scope 2018_1219 docx Page 3 Mill Creek at 76'^Avenue S Flood Protection improvements Project—Preliminary Design December 21, 2018 Interims A Policy on Geometric Design of Highways and Streets, 5th Edition, 2004 United States Department of Transportation, Federal Highway Administration (FHWA) • Manual of Uniform Traffic Control Devices (MUTCD) as amended and approved by WSDOT • Rockery Design and Construction Guidelines, November 2006 FHWA Publication No. FHWA-CFL(TD-06-006 Fish Passage Design Requirements: Washington Department of Fish and Wildlife (WDFW), Water Crossing Design Guidelines 2013 Other Publications or Requirements: • King County Surface Water Design Manual 2016 Washington Department of Fish and Wildlife (WDFW), Water Crossing Design Guidelines 2013 • American Public Works Association (APWA) General Special Provisions • U.S. Army Corps of Engineers and Ecology Mitigation Plan Guidance Project Schedule The preliminary project schedule will be developed upon notice to proceed for the project and updated as changes occur. The anticipated major milestones are. Notice to Proceed —January 7, 2019 Site Boundary and Topographic Surveys and Base Map Preparation (by City) —at NTP Critical Areas Review(by City) —at NTP Preliminary Geotechnical Report (by others) —end of January 2019 Task 2—Stream Simulation Technical Memorandum —end of January 2019 Task 3—Design Alternatives— February 8, 2019 Task 3—Type, Size and Location memo—draft March 8, 2019, final March 22, 2019 Task 3— JARPA input— March 22, 2019 The anticipated duration of the reviews by the City, WDFW, Ecology, and the Corps of Engineers will be provided in the project schedule. Mutually agreeable changes to the project schedule, whether initiated by the City or Otak, may be the basis for adjustments in the project budget. Items and Services to Be Furnished by the City The City will provide the following items and services to Otak that will facilitate the engineering design and preparation of the construction documents for work within the limits of the project- Otak is entitled to rely on the accuracy and completeness of this and other data furnished and represented by the City and others, including but not limited to, survey and traffic data. • Available as-built drawings and information on other projects in the immediate vicinity. • CADD standards and City Standard Design Details. • Site boundary and topographic survey including utilities critical area boundaries and existing ground surface, • Utility coordination including temporary service during construction and permanent utility plans. • Right-of-way plan prepared by licensed City surveyor, based on proposed project needs determined by City with input from Otak. • Rights-of-entry upon all lands necessary for the performance of the work, including official notices to property owners and agencies. • Timely reviews of Otak submittals at the mutually agreed upon times set forth in the project schedule and the consolidation of all review comments by others onto one review set prior to return to Otak. k Iprojectl330001330461contrechmill creek culvert replacement scope 2018_l219.docx Page 4 Mill Creek at 76f^ Avenue S Flood Protection Improvements Project—Preliminary Design December 21, 2018 • Payment of all application reviews and/or permit fees. • Compilation, reproduction, and distribution of Bid Documents to potential bidders and interested parties. • Preliminary roadway design (alignment, profile and finish ground surface) • Geotechnical scope of work • Preliminary geotechnical information, including responses to review comments TASK 1: PROJECT MANAGEMENT The objective of this task is to ensure effective and efficient communication between Otak and City project team members, submittal and payment of invoices in a timely manner, proactively anticipating and resolving problems and ensuring quality products that meet the project's goals and objectives. A,4saI npa ns: Otak will develop Project Kickoff meeting agenda and materials, provide hardcopies of all materials and a meeting summary including a record of all decisions, Kickoff meeting will be held at the City of Kent. • Otak Project Manager will participate in a bi-weekly project meeting In person or via telephone conference. Project Management hours cover the first phase of work assuming four months duration. Deliverables: • Monthly invoices, project status report, schedule and updates as needed in Microsoft Project • Kickoff Meeting Agenda and materials for all attendees • Notes summarizing the Kickoff Meeting • Email summary of bi-weekly meetings with City Project Manager TASK 2: DATA COLLECTION 2.1 Review Data, Site Visits Otak will be given the opportunity to comment on the geotechnical scope of work related to culvert design, prior to completion of that scope to verify consistency in design standards and locations of subsurface explorations,to request additional survey if needed; and to request potholing locations. Otak will review information prepared by others, including topographic survey and boundary mapping, critical areas assessments, geotechnical information, cultural and historic resources assessment, and utility mapping. Otak will conduct site visits as needed to familiarize the design team with existing conditions, including preparation of a photo log. Otak will also conduct a site visit to identify baseline bankfull stream width for use in the Stream Simulation culvert sizing method in accordance with Washington Department of Fish and Wildlife (WDFW)Water Crossing Design Guidelines. Assu ons: • Topographic survey and boundary mapping will be provided in AUteCAD. • The City of Kent (City) will obtain all rights-of-entry from private property owners to conduct fieldwork for the project. Deliverables: • Photo lag k:Iproject1330001330481contrachmilf creek culvert replacement scope 2018_1219.docx Page 5 Mill Creek at 761"Avenue S Flood Protection Improvements Project—Preliminary Design December 21, 2018 • Stream simulation method computations technical memorandum, draft and final • Review comments for information provided by others TASK 3: IDENTIFY, DEVELOP, AND ANALYZE ALTERNATIVES 3.1 Identify and Develop Hydraulic Alternatives to 20-percent Design Level The primary driver of the project is to reduce or eliminate flooding. It is our understanding that the culverts at the three locations are undersized to pass stream flows during high intensity storm events, and therefore culvert replacements are proposed. The design will also need to be fish passable during low through high flows so that it will be able to qualify for permit approval from other agencies. In this task, alternatives for the culvert replacement will be developed in accordance with Washington Department of Fish and Wildlife(WDFW)Water Crossing Design Guidelines. Alternatives for the culverts and channel through the culverts will be identified to consider the streamflow depths and velocities to provide fish passage plus streambed materials that resist scour. Alternatives will be considered based on previous studies, field survey, site reconnaissance, Ctak's engineering and environmental judgement, and the City's involvement. All alternatives will assume that the structures will be built to long-term roadway and driveway width as recommended by the City. Up to three alternatives will be identified for subsequent analysis (Task 3.3) and presented to the City for consideration. Until the City has approved the three alternatives, no further work will be advanced. The hydraulic alternatives will be developed to an approximately 20-percent design level. This will include horizontal alignment, cross-section, footprint layout, and vertical alignment of culvert replacements and roadway and driveway improvements/restoration. 3.2 Preliminary Hydraulic Analyses The purpose of this subtask is to approximate the water surface elevations through the culverts and channels for the purposes of illustrating those on the permit drawings. To perform this subtask, Citak shall: Compile available data and previous hydrologic and hydraulic studies on the creek, including the effective (and preliminary) Flood Insurance Rate Maps, and the 2008 City of Kent Drainage Master Plan. • Review the hydrologic analysis performed in the 2008 City of Kent Drainage Master Plan, compare that to the peak discharges used in the effective Flood Insurance Study, and provide recommendations for flow rates to use in the hydraulic analysis. Use the recommended flow rates to estimate the depth of water in the culverts based on standard charts for the size and shape of the culvert. Use the Manning's equation to estimate the velocities for the recommended flow rates and use those velocities to recommend materials for the streambed and streambanks in the ditches and in the culverts Asslfrnpluorrls. • The restored channel will have a top width comparable to the bankfull width and a low flow channel to provide a minimum of 0.5 feet of depth at low summer flows. • Hydraulic analysis will be performed on the minimum culvert width to evaluate maximum velocities and depths at the 2-, 25-, and 100-year peak discharges assuming steady state conditions. Deliverables. The hydraulic analysis will be presented as a section in the Type, Size, and Location (TS&L) report (Section 3.4) klp role ct133000133048 Ica n1ractlmIll creak culvert replecement scope 2018 1219.coax Page 6 Mill Creek at 761^Avenue S Flood Protection Improvements Project— Preliminary Design December 21, 2018 Water surface elevations and recommended materials for streambed and streambanks will be shown on the permit drawings (Section 3.5) 3.3 Structural Analysis Work for these structures will include. 1. Coordination— in order to determine the culverUbridge and wall geometry, appropriate structure replacement type and/or repair scenario, and structure foundation requirements, structural staff will coordinate with other engineering disciplines. a Stream geometry—review stream simulation technical memorandum and discuss with hydraulics engineers. Topics may include stream alignment and profile, stream width and bank grading, culvert embedment depth and scour analysis. b Geetechnical coordination—review preliminary geotechnical information and recommendations and discuss with geotechnical subconsultant. Topics may include initial site investigation findings, external structure stability, existing wall internal stability, bearing capacity, potential long-term settlement issues, overexcavation of unsuitable foundation materials, shoring and temporary slope options, soil parameters for wall and culvert/bridge design, wall and structure loading, wall repair and replacement options, culvert/bridge type options and foundation type options. c. Roadway and traffic coordination —review preliminary roadway and traffic information and recommendations with the City's civil and traffic engineers. Topics may include traffic and pedestrian phasing and/or detours, roadway width, sidewalk width, roadway side slopes and grading, ADT and percent truck traffic. 2. Preliminary structural analysis and design a. Develop culvert/bridge structure type options b. Develop foundation type options c. Develop preliminary sketches and costs of each option 3 Type, Size, Location (TS&L) Memorandum —Prepare and submit a draft report summarizing hydraulic, geotechnical, utility, roadway and traffic requirements: structural wall if any, and culvert/bridge options, and recommended options for moving forward with design, Review and respond to City comments on the draft report and Incorporate the City's selection into the final report ASSus"IfAiVI5: ° Two culvert options will be considered at each of the three locations. • A bridge option will be considered at the roadway crossing only. • Preliminary hydraulic, geotechnical, roadway and traffic recommendations, including revisions, if any, based on review in Task 2.1, will be available a minimum of 3 weeks prior to development of the draft TS&L report. Deliverables: ° TS&L Memorandum, draft and final 3.4 JARPA Input Otak will develop JARPA exhibits for the culverts and stream for the selected culvert and stream alternative, The plans will be completed for the three culverts/bridge and channel restoration elements to a level of completeness appropriate for inclusion in a JARPA. Detail for the structural sheets will include culvert/bridge and wall plan, elevation and typical section geometry. Conceptual staging will be illustrated. The plans will include plan, profile and section of proposed channel restoration, and plan view of wetland and stream impacts. The plans will be prepared in compliance with the City's drafting standards using an 8-1/2xl1 inch title block for the JARPA submittal k Iproject133000U304Mcontractlmill creek culvert replacement scope 2016 1219.docx Page 7 Mill Creek at 76"'Avenue S Flood Protection Improvements Project- Preliminary Design December 21, 2018 The estimated sheet list is as follows; 7' - h ry Stream Diversion Plan 4 . iversion TESC De2......... ...._ _._ ....._�lan and Profileections and Details 3 """ "onceptual Staging 3— - -.,_.,...,m _. _ _--.. _.__.. _ _ .. .... . —__... Channel Sections and Details 2 Channel Restoration Plan (Double Window) 2,_.. ...._ _ww._� _ .._..L --- _ Channel Restoration Planting Legend and Details 2 Totals yg Assum tirli1§: " Major revisions to the design may be required based on input by other stakeholders, e.g, permitting agencies or landowners. Revisions will be made as part of the next phase of work. Deliverables: JARPA-level plan, profile and details for the culvert/bridge and channel will be formatted to a standard City title block and to JARPA standards k:Wmjectl3300003046Vcontractlmill creek culvert replacement scope 201E 1219.docx Q 114 j1«I E :t rr=wJ x A ' U E E 0 E 0 0 0 u d U F Y V Ota 2018 Billing Rates Otak, Inc. PIC/Sc PM Architecture $228,751 $249-80 Sr. PM -Architecture $183,00 $224.18 Project Manager- Design $115,90 $128.10 Architect VI $164.70 $177.07 Architect V $140.30 $163,33 Architect IV $129.05 $139.29 Architect III $103.70 $118.49 Architect II $97.60 $102,48 Architect 1 $91.50 $96.08 Architectural Technician V $103.70 $121A2 Architectural Technician IV $88.45 $103,15 Architectural Technician III $80.83 $87.75 Architectural Technician II $72.44 $80.06 Architectural Technician I $61.00 $72 38 Sr. Interior Designer $115.90 $122,00 Interior Designer $94.55 $103,70 3D/Visualization Specialist II $100.65 $106.75 3DNisualization Specialist I $85.40 $97.60 Sr. PIC/Sr. PM Civil $213.50 $244 00 PIC/Sr. Project Manager Civil $198,25 $210.45 Civil Engineer X $183.76 $195.20 Civil Engineer IX $170.80 $183,00 Civil Engineer VIII $154,03 $167,75 Civil Engineer VII $141.83 $153.97 Civil Engineer VI $134.96 $141,06 Civil Engineer V $124.64 $134.20 Civil Engineer IV $115,84 $123 17 Civil Engineer III $97.60 $109.80 Civil Engineer II $85.40 $96.68 Civil Engineer I $78.54 $82.46 Engineering Designer VI $128.10 $137,25 Engineering Designer V $108.28 $127,95 Engineering Designer IV $93.03 $107,76 Engineering Designer III $85.03 $92.87 Engineering designer II $74.73 $82.35 Engineering Designer 1 $69.661 $73.91 1/2/2019 Otak 2018 Billing Rates Otak, Inc. Engineering Technician VI $109.50 $118.95 Engineering Technician V $89 82 $109.21 Engineering Technician IV $80.64 $89.67 Engineering Technician III $76.25 $80.06 Engineering Technician II $65 58 $72.90 Engineering Technician I $56.43 $64.05 PIC/Sr. CM $210,45 $237.90 Construction Manager IV $148.11 $167.75 Construction Manager 1111 $137,86 $147,93 Construction Manager II $127.49 $137.25 Construction Manager I $106.75 $122,00 CM Documentation Specialist III $106.75 $122.00 CM Documentation Specialist II $97,60 $105.99 CM Documentation Specialist 1 $83,57 $94.55 Field Representative VII $146.40 $158.60 Field Representative VI $134.20 $145,79 Field Representative V $117.43 $131,15 Field Representative IV $105.23 $115.90 Field Representative III $92.42 $103.70 Field Representative II $82,05 $88A5 Field Representative 1 $67.10 $76.25 :Sr. PIC/Sr. PM LA/Master Planner $179.95 $219.60 PIC/Sr PM LA/Master Planner $173.85 $204.35 Landscape Architect $134,66 $144.57 Landscape Architect $114.38 $126,58 Landscape Architect IV $104.10 $118,95 Landscape Architect Ill $95,31 $109.80 Landscape Architect11 $88.45 $96.99 Landscape Architect $82.35 $88.15 Landscape Technician III $91.50 $103.70 (Landscape Technician II $76.25 $91.50 Landscape Technician 1 $61.00 $7320 Urban Designer V $149.45 $173.09 Urban Designer IV $132.68 $149.04 Urban Desiqrer III $117.43 $131.15 172/2019 Otak 2018 Billing Rates Otak, Inc. Urban Designer II $104.46 $115.90 Urban Designer 1 $91.50 $103.70 Graphics Specialist $83.78 $92.39 PIC/Sr. PM Planner $219.60 $231.80 Sr. PM - Planner 11 $167.75 $189.40 Sr. PM - Planner 1 $142,98 $166.53 Planner 111 $124.65 $136.11 Planner 11 $87.99 $117.43 Planner $80.64 $94.55 Planner Associate IV $104,16 $109.80 Planner Associate 111 $88.45 $94.55 Planner Associate 11 $75.64 $85A0 Planner Associate 1 $61.58 $68.17 Sr. GIS Specialist Planner $90.62 $95 15 GIS Specialist Planner $82.35 $88 45 Planning/GIS Intern $69.54 $73.20 PIC/Scientist $20130 $213.50 Scientist VI $161.65 $189.10 Scientist V $146.40 $158.60 Scientist IV $128,10 $143,42 Scientist III $115.90 $127.79 Scientist 11 $70.15 $88.45 Scientist I $63.44 $66.61 Environmental Specialist $115.14 $118 95 Water Resource Analyst $184,53 $193.75 PIC/PLS - Sr. Manager $198.25 $215 56 Professional Land Surveyor IV $145,94 $157.05 Professional Land Surveyor III $128.101 $143.35 Professional Land Surveyor II $102.63 $125.05 Professional Land Surveyor 1 $86.56 $118,95 Survey Crew Chief III $97.60 $116 89 Survey Crew Chief 11 $80.52 $97.04 Survey Crew Chief 1 $67.10 $78.46 Survey Office Technician 111 $89.21 $103.70 1/212019 Otal 2018 Billing Rates Otak, Inc. Survey Office Technician II $77.78 $88.45 Survey Office Technician 1 $64.051 $77.26 Survey Field Technician Ill $68.63 $76.25 Survey Field Technician 11 $61.00 $68.11 Survey Field Technician 1 $54.90 $61,D0 Contract Administrator $82.35 $109.80 Project Coordinator $91.50 $109.80 Project Administrative Assistant $67.101 $82.35 Graphics Specialist $100.65 $109.80 Note: All travel will be billed per WSDOT Travel Regulations: All sub-consultant costs and direct reimbursables will be at cost with no mark-ups: and Maximum rates include 5% escalation 11212019 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Autgmobile 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 LiabiQity insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: I. Automol ule Liabil ty insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liaba it ty_ insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than 1,000,000 per claim. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Ins u.rance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Client#: 53352 OTAKINC ACORDT,., CERTIFICATE OF LIABILITY INSURANCE DAT02tm2' °""" 1/0212019 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[he certificate holder is an ADDITIONAL INSURED, lha pplipy(igsd must have ADDITIONAL INSURED provisions or bq gndorsad. 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME Carly Underwood Greyling Ins. Brokerage/EPIC PA¢ND PAX LAIC,wI Ext1 770.552 4225 (Arc Nat 866.550 4082 3780 Mansell Road, Suite 370 `e-r3aet -- -- " Alpharetta, GA 30022 IAgpalEss calrly,underwoodt@greyling.com _ INSURER(S)AFFORDING COVERAGE NAIC0 INSURERA;The Phoenix Insurance Company 25623 ........ ...- ........_ .. . .. .. .._ INSURED INSURERS:Travelers Indemnity Company 25658 Otak, Inc. y .. _ .. ._.__ .. ..m INsuRERc Beazley Insurance Company.Inc. 37540 BOB SW Third Avenue, Suite 300 Portland, OR 97204 INSURER D.Travelers Indemnity Company ofm Aerica 25666 Portland, ........... . INSURER E INSURER F'. COVERAGES CERTIFICATE NUMBER: 19-20 REVISION NUMBER: PHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 LIMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ITSRR ...--iADDLSUaR ..-, P6LICY�S�SEF ) f+OLVtiY E%P .... .. -....-. TYPE OF INSURANCE IN$R WUp POLICY PIP-M R [MMIDDUYMyyj („MVdIppIYYYY� LIMITS A X COMMERCIAL GENERAL LIABILITY 6805112424691847 01101120190110112020E-ncH OCCURRENCE S1,000,000 R;L.NRM1 IYAI) X� Gr,CUF u�VYAPoOAtl P J(1 LENT" RcrAlwra nl- occ r,�„lrp _ s1,000,000 PIED EXY(Anp oa ples?9) 6 5,000 HSONAL e,nI)V INJURY _ s 1,000 000 141 IEIIII;RI R, nPR'C lllul sl lx� IRrEuucl,ccREOIEe s2,000,000 .._ �cENERALA �Ionr,Y � X� ECF � XJ - - .01 -ruML uY„I,C s2,000,000 ... ....-. ... s D... AUTOMOBILE LIABILITY ---_ �__ j _ ,I AC'UiMEDsINCNX URMII__- BA1502P89218GRP 1/01/2019 0110112020(Ex R=Identty, y1,000,000 X ANY AUTO BODILY INJUR 0I P,ru ,) �fi FOS CH[f UEIU AU a,IdeH E!UE(`-OPIEI PUIU Df)DIE fINJVkI LI ] X HIRE u niON nINNI D PROPOP`ty bAVBOc ... IUK SPillr X UEU OIVEY " (Per rcNdron;)p _ DMiRt B AN g X EXCESS HAS uA N I r�t�S�OI rinnv MnLIF C PSC8570811847 11D112019 01/01/2020 EACH H oCCu _ U R tiLNCE S10,0001000 Excess uA9 a Cr I CAre S10,000,000 . IND 10000 $ WORKERS COMPENSATION �� �� OLLR 1 -U VI: . AND EMPLOYERS LIABILITY YIN S�AIVEL I;I"{ „ ANY PEOPRUFN MARINE r/EHE OIIIvE ` ",U FI(IlfilMq M[IRPnLLl1UE U9 NIA F4 EACH ACCI DEN E g I.NHE E E UI f E L A LMPLOY S fDV E .,1]CN0F r .. HYF5i'ViIY+1{IJN Or pFEI P1tldlJy Ru,R}w EL 1,I E I,E (Y LI IUIE C Professional V10267191001 1/01/2019 01/01/2020 Per Claim$2,000,000 Liability Aggregate$4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES NCORD 101,Additional Remarks Schedule,may be ama hed if more space Is required) Re: Mill Creek at 76th Ave. S. Flood Protection Improvements Project. The City of Kent is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary& non-contributory where required by written contract. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATDON City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTq TIVE ©1988-2015 ACORD CORPORATION.All rights reserved, ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1363975/M 1353893 C UN D1 DESCRIPTIONS (Continued from Page 1) Waiver of Subrogation is applicable where required by written contract&allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium)to the Certificate Holder. SAGITTA 25.3(2016103) 2 of 2 #513639751M1353893 COMMERCIAL GENERAL LIABILITY Policy Number : 6805H2424691847 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS In. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- .,written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then '.property damage" or"personal injury", and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured, SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS, omissions of such person or organization: or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the additional insured for a loss we cover. However, if contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organization for which non-contributory basis, this insurance is primary coverage as an additional insured specifically to other insurance available to the additional is added by another endorsement to this insured which covers that person or organizations Coverage Part, as a named insured for such loss, and we will not share with the other insurance, provided that: f. This insurance does not apply to the rendering of or failure to render any (1) The "bodily injury" or "property damage" for "professional services". which coverage is sought occurs, and g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed, exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible rather insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to tile additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG 181 09 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section, of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed b p y you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance" with that person or organization. We waive this right a. After you have signed that written contract, only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect, and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the "personal injury" offense is committed. Page 2 Of 2 ©2015 The Travelers Indemnity Company, All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance services Office, Inc„ with its permission COMMERCIAL AUTO Policy Number : BA1502P89218GRP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE-This endorsement broadens coverage, However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A- BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE- LOSS OF B. BLANKET ADDITIONAL INSURED USE-INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES-INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS - INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO - LIMITED WORLDWIDE COV- LOSS ERAGE-INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE-GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II -COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE. in Section It. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is riot Who Is An Insured, of SECTION II - COV- separalely insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 1801 day after you acquire or form the or- operating an "auto" hired or rented under a gar ization or the end of the policy period, which- contract or agreement in an "employee's" ever Is earlier. name, with your permission, while performing B. BLANKET ADDITIONAL INSURED duties related to the conduct of your busi- ness. The following is added to Paragraph c. in A.1., 2. The f011owIng repiaces Paragraph b. in B.S., Who Is An Insured, of SECTION It-COVERED Other Insurance, of SECTION IV - BUSI- AUTOS LIABILITY COVERAGE'. NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the fallowing are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury' or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow;and during the policy period, to be named as an addi- (2) Any covered "auto' hired or rented by tonal insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 00215 The Travelers Indemnify Company.All rights reserved. Page 1 Of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United Stales of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II —COVERED AUTOS tions. LIABILITY COVERAGE: (11) Neither you nor any other involved Any "employee"of yours is an "insured" while us- "insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs. E SUPPLEMENTARY PAYMENTS — INCREASED (Ili) We may, at our discretion, participate n defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II —COVERED AUTOS LIABIL. (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage" to which lions) required because of an "accident" this insurance applies, (hat the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds, only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II— COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE UABI LITY COVERAGE, (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such P, HIRED AUTO — LIMITED WORLDWIDE COV- "sull", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em. have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any your "employees country outside the United States, its ter- partners (if you are a partnership), rtnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households, Page 2 Of 4 ©2015 The Travelers Indemnity Company.All dghls ioserved. CA T3 53 02 15 fndudes copyrighted mtehal of Insurance Services Office,Inu.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage, this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory In- sions, of SECTION III — PHYSICAL DAMAGE surance requirements, COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto"you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and AA,c., but ada, We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance, b- The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS rarity; and The following is added to Paragraph D., Deducti. c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- live prompt notice of the "accident" or "loss" ap- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "less" is known TION III—PHYSICAL DAMAGE COVERAGE: to. However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership), $750 for any one "accident (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pony), EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para. manager(if you are a corporation or other or- graph AA.a., Transportation Expenses, of ganization), or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee' authorized by you to give no- AGE: Lice of the 'accident'' or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.S., 7ransfau curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others a Us, Bred "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: WO waive any right of recovery we may have Personal Property against any person or organization to the ex- We will pay up to $4.00 for "loss" to wearing al lent requlred Ot you by a written contract parel and other personal property which is: signrri anti executed prior to any "accident" or"'loss', provided lust the"accident"or"loss'„ (1) Owned by an "insured" and arises out of operations contemplated by CA T3 53 02 15 ©2gt5 The Travelers Indemnity Company.All rights reserved. Page 3 of q Includes copyrighted material of Insurance Services Office,Inc,with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance, How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 U p015 The Travnie s Indemnlly Company.All rights reserved. CA T3 53 02 15 Includes copyrighted malarial of Insolence services Office, Inc with Its permission � � �m nlm� a �� a • fl W wu . p, k ao . . dl dP �•.. ',I F � Ilb WI W[ ®, '. � F� I� ru n ��x .n PI���H �, � „ o� � ��� wi IWm�;mu � � ems mug pn� i��iuu � ��I Oi� ""IIO' a ��w � � ��� � � � IIIW� ., w�� "� i iW0 ' ���� IIII � ��� �' I�� W' � 911 W� flVb mm wm it .., �„,iuii IIII lli�ml q IIII, wu � ��I;. �� W ��a.°1ii mu � Illlm&�I��.. � m 'd� �,� . iu' ii � � VWI, ,, �i, r quo aw i�P I m" �� I u mr ' w '. 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