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HomeMy WebLinkAboutCAG2019-490 - Original - Otak, Inc. - Summit Landburg Road Culvert Replacement - 12/13/2019 Agreement Routing Form KEN T For Approvals,signatures and Records Management WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Steve Lincoln Department: Public Works Date Sent. 12/11/19 Date Required. 12/18/19 Ta c Authorized ❑ Director or Designee Date of a, to Sign: Council 12 10 19 QMayor Approval: Budget W20005 Grant? ❑ Yes V( No Account Number: Type: N/A Vendor Name: Otak, Inc. Category: Contract Vendor a Number: 177103 Sub-Category M Project E Name: Summit Landsburg Road Culvert Replacement a C Project Details: Provide design and permitting services. EAgreement $199,150 Basis for a y Amount: Selection of L Contractor. as Q Start Date: Mayor's signature Termination Date: 12/31/21 Notice required prior to disclosure? Yes No❑ ❑ Contract Number: Dop V ED Comments: E— IM c N&-_ t, / a 91, oc N i E T IAW DEPT ECEIVED 3 t0 pm Date Routed to the Mayor's Office: in air Date Routed to the City Clerk's Office: •, �� I City of Kent a of the Mayor Date Sent to Originator.- Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373 6 19 8.N KENT WA5 N f N t;rTbN DATE: December 10, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with Otak, Inc. for the Summit Landsburg Road Culvert Replacement - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Otak for an amount not to exceed $199,150 to provide design services for the Summit Landsburg Road Culvert Replacement, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As part of an agreement with the Washington State Department of Ecology related to the City's Clark Springs Habitat Conservation Plan (HCP), the City agreed to perform a series of Habitat Conservation Measures within the Clark Springs Watershed. One of these habitat conservation measures is the replacement of the culvert that passes Rock Creek underneath Summit Landsburg Road. The existing culvert is a barrier to fish passage and must be replaced with a fish passable structure. Otak was contracted by the City in early 2019 to evaluate the project site and provide a design recommendation and environmental documentation required to obtain project permits. Based upon their examination Otak has recommended that the existing culvert be replaced with a 57-foot span bridge. Otak will continue the work of designing this bridge under the agreement. This work will include developing the 30%, 60%, 90%, and Final plans specifications and cost estimates for the project as well as the drawings required to obtain the project permits from various resource agencies including the United States Army Corps of Engineers and the Washington State Department of Fish and Wildlife. BUDGET IMPACT: The cost is included in the project budget, and is paid for using Water utility funding. SUPPORTS STRATEGIC PLAN GOAL: Thriving City ATTACHMENTS: 1. Exhibit Otak - Rock Creek 2 (PDF) Packet Pg_248 8.N 12/03/19 Committee of the Whole RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/10/2019 7:00 PM AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner Packet Pg. 249 KENT w<s111-1 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) 739-4204, 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 design and permitting services for the Summit Landsburg Road Culvert Replacement 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, 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Ninety Nine Thousand, One Hundred Fifty Dollars ($199,150), 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 immediately 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 harmless 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 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 damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, 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 Consultant'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 3.80 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 Breach. The failure of the City to insist upon strict performance 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, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. 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 Notice. 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 Agreement. 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 Laws. 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. 3. City Business License Required. 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. Counterparts and Signatures by Fax or Email. 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. CON ULTANT: CITY OF KENT: y (signature) (signature) Print Name:_ 120 "• VRV LL � Print Name: Dana Ralph Its '►r 1 P1- Its Mayor —7 ( title l DATE: 1�1_2 I DATE: 1-Z4 1 I G NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lori McFarland Timothy ). LaPorte, P.E. Otak, Inc. City of Kent 11241 Willows Road NE, Suite 200 220 Fourth Avenue South Redmond, WA 98052 Kent, WA 98032 (425) 739-4204 (telephone) (253) 856-5500 (telephone) (425) 827-9577 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: N—k -r� Kent Law Department ATTE Kent City Clerk Otak-Rock Creek 2{Uncoln 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. I 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 abo e. By signi below, I agre to fulfill the five requirements referenced above. By: .S � For: Title: TA)r�Cl } Date: )Z') EEO COMPLIANCE DOCUMENTS - 1 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: EEO COMPLIANCE DOCUMENTS - F? Otak Attachment City of Kent Rock Creek Fish Passage Project - Final Design and Permitting Support Otak Project No. 33028 Scope of Services The City of Kent requested a scope of work and fee proposal for the design of a culvert to replace the three existing 36-inch corrugated metal pipe (CMP) culverts that pass Rock Creek under Summit Landsburg Road, outside of Maple Valley in unincorporated King County. To-date, Otak has completed the following: ■ Critical Areas Report ■ Hydrologic and Hydraulic Analysis Memorandum ■ Bridge Type Selection Memorandum The memoranda recommended replacing the culverts with a bridge—54-foot span, six W35DG deck bulb tee girders, cast-in-place deck, spread footing foundations, and single slope concrete barriers; maintaining the existing roadway section with two 12-foot lanes and 4-foot shoulders; and raising the roadway less than a foot to provide a minimum of 2 feet of freeboard for the 100-year storm water surface. These recommendations should provide a self-mitigating project to encourage faster review by regulatory agencies in order to permit the construction in 2020. The project will be accomplished in three phases— Preliminary Design, Final Design and Permitting, and Construction Support. This scope of work describes those activities within the Final Design and Permitting phase. Project Schedule The project schedule will be developed by Otak and updated as changes occur. Each milestone will receive a separate notice to proceed (NTP). The anticipated major milestones are: Task 1 Permitting support • Deliverables—Four weeks after Task NTP Task 2 Final Design • 60% Deliverables—Two months after 30% comments received and 60% NTP • 90% Deliverables—Two months after 60% comments received and 90% NTP • Final Deliverables—Four weeks after 90% comments received and Final NTP The anticipated duration of the reviews by the City and others 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. 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. k:Wroject1330001330281contract133028-rock creek scope 2019_1101.docx 11241 Willows Road NE, Suite. 200 Redmond,WA 98052 - Phone(425)822-4446 Fax (425)827-9577 otak.com Page 2 Rock Creek Fish Passage Project—Final Design and Permitting Support November 1, 2019 City of Kent ■ Design and Construction Standards Manual 2009 and Standard Plans, including updated standards ■ 2017 Surface Water Design Manual ■ Drafting/CADD Standards Washington State Department ■ Standard Specifications for Road, Bridge, and Municipal Construction of Transportation (WSDOT) 2020 ■ Standard Plans for Road, Bridge, and Municipal Construction American Association of State ■ Load and Resistance Factor Design (LRFD) Bridge Design Highway and Transportation Specifications 7th Edition, 2014 with the current Interims Officials (AASHTO) ■ A Policy on Geometric Design of Highways and Streets, 7th Edition, 2018 United States Department of ■ Manual of Uniform Traffic Control Devices (MUTCD) as amended and Transportation, Federal approved by WSDOT Highway Administration ■ Rockery Design and Construction Guidelines, November 2006 FHWA (F HWA) Publication No. FHWA-CFL/TD-06-006 Washington Department of Fish ■ Water Crossing Design Guidelines 2013 and Wildlife (WDFW) Other ■ King County Surface Water Design Manual 2016 ■ American Public Works Association (APWA) General Special Provisions Items and Services to Be Furnished by the City The City will provide the following items to Otak. Otak is entitled to rely on the accuracy and completeness of this and other data furnished and represented by the City and others. ■ CADD standards and City Standard Design Details ■ Boundary mapping including right-of-way determination and property lines adjacent to the project vicinity ■ Final stamped and signed right-of-way plan, based on proposed project needs determined by Otak ■ Utility coordination including temporary service during construction and permanent utility plans ■ Potholing as needed ■ Coordination with King County and the City of Maple Valley, if required ■ Traffic data for pavement design, including truck and heavy vehicle percentages ■ Geotechnical engineering analysis and consultation, under separate contract with the City • 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 ■ Permit applications ■ Payment of all application reviews and/or permit fees ■ Compilation, reproduction, and distribution of Bid Documents to potential bidders and interested parties PROJECT MANAGEMENT Otak will manage their work to ensure effective and efficient communication between Otak and City project team members, submittal of invoices in a timely manner, proactively anticipating and resolving problems and ensuring quality products that meet the project's goals and objectives. Otak's project manager and other appropriate staff will participate in coordination and design meetings as needed. Hours for project management, site visits, and meetings are incorporated into the following tasks below. k:Iproject1330001330281contract133028-rock creek scope 2019 1101.docx Page 3 Rock Creek Fish Passage Project—Final Design and Permitting Support November 1, 2019 Assumptions: ■ Site visits for up to six staff ■ Meetings at the City, site or other agency office for up to 10 staff through the duration of this scope ■ Project management for up to eight months TASK 1: PERMITTING SUPPORT 1.1 Preliminary (30%) Design Plans and Estimate During the Phase 1 work, additional work was required to complete the hydrologic and hydraulic modeling and the budget associated with completing the 30% design was used to cover the additional work as directed by the City. In support of the City's permitting efforts, Otak will complete the development of the 30% design for the preferred project elements to provide the details and quantities needed in the permit applications. The 30% plans will include the fish passage structure (bridge), and channel restoration elements to a level of completeness to allow review of the permits by the Corps of Engineers and WDFW. Plans will include existing conditions including critical area delineations, bridge layout and sections; plan, profile and section of proposed channel restoration; proposed roadway plan and profile; and plan view of wetland and stream impacts. The 30% design plans will be prepared using the City's format on 22"x34"full size sheets. Otak will prepare attachments for the JARPA application including 8-1/2"x11" exhibits of the elements described above as pertinent to the permit. Otak will also finalize the Critical Areas Report upon receiving the City's comments (per Phase 1 scope of work) and prepare a culvert monitoring plan as required by the Corps of Engineers for the Section 404 permit. For the SEPA checklist, Otak will also provide quantities and narratives related to anticipated methods of work as requested by the City. Otak will prepare planning level construction cost estimates for the 30% plans. The cost estimate will be based on WSDOT's Unit Bid Analysis and previous bids on similar projects. Assumptions: ■ City will prepare permit applications ■ Biological assessment will not be required as this project is a Habitat Conservation Measure under the Biological Opinion issued March 29, 2011 for the Incidental Take Permit for the Clark Springs Water Supply System Habitat Conservation Plan ■ If needed, City will provide Section 106 documentation Deliverables: ■ 30% level full-size plans in pdf format ■ 30% level exhibits for inclusion with the JARPA application ■ 30% level estimate of construction cost ■ Monitoring Plan ■ Final Critical Areas Report (per Phase 1 scope of work) TASK 2: FINAL DESIGN Otak will prepare the final design, providing review sets to the City at 60%, 90%, and Final design levels. The final deliverable will be an ad-ready set of contract documents. Each submittal will be provided in pdf format. AutoCAD files will be provided when requested. The following sheets are anticipated: k:Iproject1330001330281contract133028-rock creek scope 2019 1101.docx Page 4 Rock Creek Fish Passage Project—Final Design and Permitting Support November 1, 2019 Bridge Layout 1 1 General Notes 1 1 Footing Layout 1 1 Abutment Plan and Elevation 2 2 Abutment Details 1 2 Wing Wall Details 1 2 Bearing Details 1 1 Framing Plan 1 1 Typical Section 1 1 Girders 3 3 Diaphragm 1 1 Utility Supports 1 Bridge Deck Reinforcement 1 1 Traffic Barrier 3 3 Bar List 1 Stream 3 5 Roadway 2 4 General 3 4 Traffic Control 1 TESC & Demolition 1 Restoration 1 Total 26 38 2.1 Bridge Design Otak will develop the bridge design based on the elements shown in the final Bridge Type Selection Memorandum. Considerations related to construction phasing, shoring, stream impacts, utility impacts and grading will be evaluated in coordination with other disciplines. Otak will continue coordination with the geotechnical engineer, who is under separate contract with the City, to verify the foundation type and incorporate foundation design recommendations into the design. Otak will develop design calculations and will prepare plans as noted above. 2.2 Stream Design Stream design work will include analysis for the following: ■ Stable channel to determine channel dimensions including the low flow channel and streambed material ■ Large woody debris design, including stability analysis to counteract buoyancy, stream channel shear forces, and soil bearing pressure ■ Scour calculations and protection for the bridge ■ Because of past flooding, a zero-rise analysis will be performed to verify that the project will not result in greater than a 0.1 foot rise in elevation for the 100-year storm. This analysis will be used for documentation but will not require submittal to FEMA. Otak will prepare plans showing creek alignment, profile, cross-section and grading, large woody debris details, scour protection measures, and stream bypass details. k:Iproject1330001330281contractl33028-rock creek scope 2019 1101.docx Page 5 Rock Creek Fish Passage Project—Final Design and Permitting Support November 1, 2019 2.3 Roadway Design Otak will prepare plans for roadway elements including paving, channelization, guardrail, signing, driveway details and profiles as needed, and details. 2.4 Other Design General -Otak will prepare a cover sheet a cover sheet and plan sheets showing an index, vicinity map, legend, abbreviations, existing conditions, alignment control, right of way. Traffic control—Otak will provide a detour route plan consistent with bridge construction staging. TESC and Demolition—Otak will prepare plans showing proposed temporary erosion and sediment control measures, and pavement and other items to be removed. Storm drain design—Storm drainage requirements will be evaluated. As the roadway footprint is not anticipated to change, this project is not expected to exceed thresholds triggering stormwater management requirements. Except at the creek crossing, storm drainage will not be collected.A technical information report (TIR)will be prepared to document the evaluation. Restoration—Otak will prepare landscape plans and details to restore road shoulders and creek banks to conditions similar to existing conditions. 2.5 Specifications Otak will provide General Special Provisions (GSP) and project-specific Special Provisions to supplement the WSDOT/APWA Standard Specifications for Road, Bridge and Municipal Construction for Divisions 2 through 9. Otak will prepare an estimated construction schedule to determine a number of working days for the construction contract, for review by the City at approximately the 90 percent design level. 2.6 Cost Estimate Otak will compile the quantities and estimated construction cost (i.e., engineer's estimate) at 60-, 90-and 100- percent level design for submittal to the City. The estimate will be prepared using historical unit prices from the WSDOT Unit Bid Analysis, City of Woodinville's recent projects, as appropriate, and other pertinent data. Assumptions: ■ Comments on reports and memoranda submitted in Phase 1 will be minimal and not result in changes to the overall bridge geometry, girder type, layout and foundation type. ■ A full road closure will be allowed and construction phasing of the bridge will not be required ■ A LOMR/CLOMR or compensatory storage will not be required ■ A SWPPP will not be required ■ The design is self-mitigating and no mitigation area will be required ■ Irrigation will not be required ■ The City will take the lead in fielding and responding to Bidder inquiries during the bid period ■ Bridge load rating will be included in a later phase of work ■ The City will identify right of way needs ■ The City will lead communications with utilities, identify probable utility conflicts and propose any design adjustments to avoid utilities by the 60% design level ■ The City will provide reproduction of plans as needed k:Iproject1330001330281contractl33028-rock creek scope 2019_1101.docx Page 6 Rock Creek Fish Passage Project—Final Design and Permitting Support November 1, 2019 Deliverables: ■ List of Special Provisions at 60-percent design (MS Word format) ■ Special Provisions at 90- and Final design (.pdf format and MS Word format) ■ Estimated construction schedule in Microsoft Project(.pdf format) ■ Construction Cost Estimate at 60-, 90-percent design and final (.pdf format) ■ Quantity calculations, with assumptions noted, at final design (.pdf format) ■ Final bridge design calculations k.Iproject1330001330281contract133028-rock creek scope 2019 1101.docx Q N In W O P, O N 00 O O O O O O O a. amccnoo Ln -T Lnvm0m it .4 Ln 1� 00 In 1n M m 00 o0 N 1l Vf n rf O rl a, aaj Iejol M" N M ri m ri ri vi m 00 m 00 IF C VI.N./L.n sn rl n a N rt M rl H �n CA U Q sjnoHle3ol NmN 14 11 v 14 00 0em4rmo Lri �O rl N io;eulPjooJ 0 n ;�afo�d N N 00 N -ItN C) N V� � �I!led 4eue4 o 000 adeuspue3 ` r+° o r0 ', an E Aama(] 0 0100 It Sal�eyJ Al 3D N ry 00 -ItrD 00 0No N v v m c � V). f0 0 0 E`o IJeMa;S aned IIIA 3J N v N v N m o9 CO v N r 'A V). m !IsafpoA 0 0 II lsl;ual:)s N ry a a!ueyda;s m m r, N E V). 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H tO H O a C LL' ro Y o U � O o r+ NM Ln �o N N N N N N 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. 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, 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: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than 2,000,000 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 Insurance. 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 DATE(MM/DD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 1 12/03/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Carly Underwood Greyling Ins. Brokerage/EPIC PHONE 770.552.4225 (X, 8 3780 Mansell Road,Suite 370 E-MAIL CNo,Ext): A/c,No): 66.550.4082 Alpharetta,GA 30022 ADDRESS: carly.underwood@greyling.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Phoenix Insurance Company 25623 INSURED INSURER B:Travelers Indemnity Company 25658 Otak,InC. Beazle Insurance Company,Inc. 37540 808 SW Third Avenue,Suite 300 INSURER C: y P y. Portland,OR 97204 INSURER D:Travelers Indemnity Company of America 25666 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 19-20 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 6805H2424691947 1/01/2019 01/01/2020 EACH OCCURRENCE $1 000000 CLAIMS-MADE �OCCUR PREMISES(E.occur°nce) $1 1 0001 000 MED EXP(Any one person) s5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECOT FX LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY BA1502P89218GRP 1/01/2019 01/01/2020 COMBINED SINGLE LIMIT Ea accident 1 r000,000 X ANY AUTO BODILY INJURY(Per person) $ AWNED UTOS ONLY SCHEDULED AUTOS BODILY INJURY(Per accident) $ HIRED X AUTOS ONLY x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR CUP5C8570811847 1/01/2019 01/01/2020 EACH OCCURRENCE $10 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1 O 00O 000 DEC) I X RETENTION$10000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 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(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Summit Landsburg Road Culvert Replacement Project. The City of Kent is named as an Additional Insured with respects to General&Automobile 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 CANCELLATION 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 REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S 1885023/M 1427234 C U N D 1 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(2016/03) 2 of 2 #S1885023/M1427234 ACo® CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) `...� 12/02/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heather Beelar NAME: Elliott Powell Baden and Baker Inc. PHONE (503)227-1771 FAX (503)274-7644 A/C No Ext: A/C,No): An ISU Network Member ADDRIess: hbeelar@epbb.com 1521 SW Salmon Street INSURER(S)AFFORDING COVERAGE NAIC# Portland OR 97205-1783 INSURER A: SAIF INSURED INSURER B: Otak Inc. INSURER C: 808 SW 3rd Avenue Suite 300 INSURER D: INSURER E: Portland OR 97204 INSURER F: COVERAGES CERTIFICATE NUMBER: 19/20 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $DAMAGE RENTE CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL B ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- GENERAL AGGREGATE $ POLICY JECT ❑LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY ) AUTOS ONLY AUTOS (Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ 1 P $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY y/N X STATUTE I I ER A ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? a N/A 487431 01/01/2019 01/01/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Project No.33028 Rock Creek Fish Passage Project-Final Design and Permitting Support CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 CAM"- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 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 h. 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" a. Only with respect to liability for"bodily injury", specifically requires you to provide such 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 " and professional services". which coverage is sought occurs; 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 other 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 the 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 D3 81 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 by you, or on your behalf, done under a "written contract requiring insurance" with caused by an offense committed: 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