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HomeMy WebLinkAboutCAG2020-021 - Original - Fuel Tank Replacement Project Agreement Routing Form KEN T For Approvals,Signatures and Records Management W A s y I,v G T O N 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 Phil McConnell Department: Public Works Date Sent. 1/8/20 Date Required: 1/15/20 To > Authorized ❑ Director or Designee Date of 0. to Sign: Council N/A QMayor Approval: Budget E20018 Grant? ❑ Yes ❑✓ No Account Number: Type: N/A Vendor or Name: Skillings, Inc. Cate 9 Y Contract Vendor 177599 Sub-Category 0 Number: MProject Fuel Tank Replacement Project E Name: 0 Project �. Details: Provide construction support for the project. c Agreement 64 631 Basis for 0 Amount: Selection of L Contractor: Q Start Date: Mayor's signature G2O2o Termination Date: 12/31/20 Notice required prior to Yes No Contract Number: disclosure? ❑ ElCAr CA 2020 021 Date Received by City Attorney: Comments: 171 ryl,( a 0 cc 41 �(� w L WE"C E I V E D 3 w Date Routed to the Mayor's Office: d Date Routed to the City Clerk's Office: "> t l City of Kent a, Date Sent to Originator: —OffiGe of the Mayer Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT W.s 1—T n CONSULTANT SERVICES AGREEMENT between the City of Kent and Skillings, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Skillings, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 5080, Lacey, WA 98509, Phone: (360) 491-3399, Contact: Patrick E. Skillings, PMP (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 construction support for the Fuel Tank 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, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Four Thousand, Six Hundred Thirty One Dollars ($64,631), 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 B-2. 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 C 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. J. 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. CONSULTANT: CITY OF KENT: By By: By: I signature) (signature) Print Name: c- S�A Print Name: Dana Ralph Its _�f 2 -t��«: Q�- � Its Mayor (title) DATE: z20 DATE: �__ T W NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Patrick E. Skillings, PMP Timothy J. LaPorte, P.E. Skillings, Inc. City of Kent PO Box 5080 220 Fourth Avenue South Lacey, WA 98509 Kent, WA 98032 (360) 491-3399 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) APPR D AS TO FORM: i K Department rT1 TE T• t � 7 Y Kent City Clerk Skillings-Fuel Tank Replacement 2/McConnell 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 above. By signing below, I agree to fulfill the five requirements referenced above. By: -'k, rr For: Title: Date: 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 - 3 EXHIBIT A SCOPE OF WORK CITY OF KENT FUEL TANK REPLACEMENT PROJECT CONSTRUCTION SUPPORT 18184—SUPPLEMENT 4 November 20,2019 Introduction The following scope of work delineates tasks to be performed as part of the agreement between Skillings Connolly, Inc. (Firm) and City of Kent(Client). Firm completed 100% Plans,Specifications, and Estimate (PS&E)for installation of a new vehicle fueling facility at Client's City Shop, located at 5821 S. 240th St. Kent, WA. Client has awarded the construction contract and has requested construction support services from Firm. Construction support will include response to Requests for Information (RFI)from the Contractor; review and approval of shop drawings, and to act as the Commissioning Agent to facilitate system commissioning. The following review tasks shall be performed: Task Description Task 1 Project Management Assumptions: • Firm will attend pre-construction meeting. • Construction duration is assumed to be 5 months, including pre-construction activities. Task Description: 1. Firm will attend Pre-construction meeting with selected contractor and Client. 2. Provide overall project coordination and project management throughout the design process, through construction and commissioning. 3. Provide monthly progress reports and billing statements Deliverable: Monthly progress reports and billing statements Task 2 Submittal Review Firm will review the Contractor provided submittal against the specification requirements and per WSDOT stamp "Approved" "A", "Conditionally Approved" "CA" or"Reject-Resubmit" "R". Assumptions: Contractor submittals will be provided electronically. Firm will return the reviewed documents to Client no later than 5 working days after receipt. The Submittal Log will be issued to Client monthly. Skillings Connolly,Inc. Page 1 of 7 Project No 18184—Supplement 4 City of Kent Construction Support Services Task Description: 1. Firm will review Contractor submittals and supply approval determination. 2. SC will maintain a Submittal log tracking dates and status of submittals and re-submittals. Deliverable: • Contractor submittal response • Submittal Log Task 3 RFI Response Firm will be available to provide response to any Contractor Requests for Information (RFI)through the duration of the construction contract. Assumptions: • The appropriate Engineer will review the City transmitted RFI and provide a response to the City within 5 working days after receipt. • The estimate expects up to ten (10) RFI's and associated responses. • An RFI Log will be maintained to track progress and resolution.The log will be issued to Client monthly. Task Description: Firm will respond to Contractor RFIs. Firm will maintain log of all received RFIs and associated response Task 4 Commissioning Agent The first step is to prepare a commissioning plan. It includes a brief description of the system and along with the reference documents related to the system such a plan, specific spec sections, submittals and manuals.The plan will indicate the tests and observations needed to demonstrate the system will perform satisfactory over the range of the design criteria. Each plan will be submitted to the City of review and approval before implementation. During the implementation phase,the Contractor will provide the labor, manufacturers'technician and equipment required for the commissioning activity. The City will provide fuels and vehicles for demonstration/testing and personnel for training. The Commissioning Agent will observe tests and implementation of the plan. A final report of the Commissioning activities including the completed Plans will be provided for City records. Assumptions: • Firm will act as Commissioning Agent for proposed project. • Commissioning of the fuel system has multiple aspects and will require specific commissioning sub- plans. • Commissioning implementation observations is assumed to include up to six(6)site visits. • It is assumed that commissioning implementation for specific fuel system components will be accomplished during a single site visit,with all implementation monitoring occurring over six(6)site visits. • The Final Commissioning Report will include all commissioning sub-plans, implementation observation, and issue resolution. Skillings Connolly,Inc. Page 2 of 7 Project No 18184—Supplement 4 City of Kent Construction Support Services Task Description: 1) Firm will attend a pre-commissioning meeting with City and Contractor. 2) Firm will review pre-commissioning tests. 3) Firm will prepare the following commissioning sub-plans for fuel system commissioning: a. Electrical System Energizing and Fault protection Plan b. Electrical Grounding Commissioning Plan c. Diesel Tank Fill System Commissioning Plan d. Unleaded Tanks fill System Commissioning Plan e. Low Sulfur Diesel dispensing Commissioning Plan f. Bio Diesel dispensing Commissioning Plan g. Unleaded dispensing Commissioning Plan h. DEF Dispensing Commissioning Plan i. Veeder Root monitoring Commissioning Plan j. Fuel Management Commissioning Plan 4) Plan review and issue resolution 5) Review Contractor's Commissioning Schedule 6) Firm will observe implementation of the following Commissioning sub-plans: a. Electrical System Energizing and Fault protection implementation b. Electrical Grounding Commissioning implementation c. Diesel Tank Fill System Commissioning implementation d. Unleaded Tanks fill System Commissioning implementation e. Low Sulfur Diesel dispensing Commissioning implementation f. Bio Diesel dispensing commissioning implementation g. Unleaded dispensing commissioning implementation h. DEF Dispensing commissioning implementation i. Veeder Root monitoring commissioning implementation j. Fuel Management Commissioning implementation k. UST cleaning observation 7) Prepare Deficiency Reports and provide follow-up 8) Prepare Final Commissioning Report 9) Prepare Certification of Completion Deliverable: • Commissioning sub-plans: a. Electrical System Energizing and Fault protection Plan b. Electrical Grounding Commissioning Plan c. Diesel Tank Fill System Commissioning Plan d. Unleaded Tanks fill System Commissioning Plan e. Low Sulfur Diesel dispensing Commissioning Plan f. Bio Diesel dispensing Commissioning Plan g. Unleaded dispensing Commissioning Plan h. DEF Dispensing Commissioning Plan i. Veeder Root monitoring Commissioning Plan j. Fuel Management Commissioning Plan • Deficiency Reports • Final Commissioning Plan • Certification of Completion Skillings Connolly,Inc. Page 3 of 7 Project No 18184—Supplement 4 City of Kent Construction Support Services Task 5 UST Decommissioning The existing Underground Storage Tanks (UST)will be decommissioned during construction. The UST decommissioning documentation will occur during the construction stage of this project. Task Description: 1) Firm will complete the required UST decommissioning documentation for ECY and CITY,this includes: a. 30-Day Notice for Underground Storage Tanks (ECY 020-95) b. Permanent Closure Notice for Underground Storage Tanks (ECY 020-94) c. Site Check/Site Assessment Checklist for Underground Storage Tanks (ECY 010-158) Deliverable: • 30-Day Notice for Underground Storage Tanks (ECY 020-95) • Permanent Closure Notice for Underground Storage Tanks (ECY 020-94) • Site Check/Site Assessment Checklist for Underground Storage Tanks (ECY 010-158) END SCOPE OF WORK Skillings Connolly, Inc. Page 4 of 7 Project No 18184—Supplement 4 City of Kent Construction Support Services EXHIBIT B-1 CONSULTANT COST COMPUTATION-MAN-HOURS PROJECT NO.18184-SUPPLEMENT NO.4 V CITY OF KENT X H z O FUEL TANK REPLACEMENT PROJECT n O 2 D a CONSTRUCTION SUPPORT > M n T Z D y 11/25/2019 Z o � z 2 3 Z Z m m D 1 CD1 2 Z ' Z ? D = C v7 Z n 7 A O M Z O TASK# TASK DESCRIPTION 1 PROJECT MANAGEMENT 20 g 2 SUBMITTALREVIEW 4 24 24 3 RFI RESPONSE; 2 24 24 4 COMMISSIONING AGENT 1 Attend a pre-commission meeting with City and 4 4 4 Contractor. 2 Review pre-commissioning tests. 12 3 Prepare the following commissioning sub-plans for fuel system commissioning: a Electrical System Engergizing and Fault Project Plan. 2 b Electrical Grounding Commissioning Plan. 2 c Diesel Tank Fill System Commissioning Plan. 8 d Unleaded Tanks Fill System Commissioning Plan. 8 e Low Sulfur Diesel Dispensing Commissioning Plan. 8 f Bio Diesel Dispensing Commissioning Plan. 8 g Unleaded Dispensing Commissioning Plan. 8 h DEF Dispensing Commissioning Plan. 8 i Veeder Root Monitoring Commissions Plan. 8 j Fuel Management Commission Plan. 8 4 Plan review and issue resolution. 12 12 5 Review Contractor's Commissioning Schedule. 4 6 Firm will observe implementation of the following Commission sub-plans: a Electrical System Engergizing and Fault protection 4 implementation. b Electrical Grounding Commissioning implementation. 4 c Diesel Tank Fill System Commissioning implementation. 4 d Unleaded Tanks Fill System Commissioning 4 implementation. e Low Sulfur Diesel Dispensing Commissioning 4 implementation. f Bio Diesel Dispensing Commissioning implementation. 4 g Unleaded Dispensing Commissioning implementation. 4 h DEF Dispensing Commissioning implementation. 4 i Veeder Root Monitoring Commissions implementation. 4 j Fuel Management Commission implementation. 4 k UST cleaning observation. 4 7 Prepare Deficiency Reports and provide follow-up. 1 12 8 Prepare Final Commissioning Report. 1 8 9 Prepare Certification of Completion. 8 5 UST DECOMMISSIONING 1 S 28 HOURS PER DISCIPLINE 1 32 5 28 1 64 220 8 Skillings Connolly,Inc. Page 5 of 7 Project No 18184—Supplement 4 City of Kent Construction Support Services EXHIBIT B-2 CONSULTANT COST COMPUTATION—SUMMARY NEGat#t17E0 i4bQIIILV RASE(I`Ji RY. Classification ;Man Hours X Rate = Cost PRINCIPAL-IN-CHARGE 1 X $233.89 = $233.89 PROJECT MANAGER 32 X $214.58 _ $6,866.62 SR ENVIRONMENTAL SCIENTIST 5 X $118.80 = $594.00 STAFF SCIENTIST 28 X - $89.10 _ ; $2,494.79 ' ENGINEER 64 X $115.83 = $7,413.10 SENIOR CONSTRUCTION MANAGER 220 X $142.56 = $31,363.09 PROJECT ADMINISTRATOR 8 X $115.83 = $926.64 Total Hours='; 358 Total NHR=;':. $49,992.12 .... . ... ....... . .. . .. . ... . ...... ............... .. ....................... . ..... . .. ... ....... ............. .......... Mileage. 540 X $0.580 = $313.20 Miscellaneous Expenses: $0.00 X 10% _ $0.00 Total Expenses= S lt#CfJNSU .,A�T£(351 (Se,�?tb t... .. Geotechnical $0.00 " X 15% '. _ $0.00 HuitzIBHU $5,255.00 X 10% _ $5,780.50 Sargent Engineers,Inc. $7,859.00 X 10% _ $8,644.90 Subconsultant 3 _ $0.00 X 10% _ $0.00 ITotalSubconsultants= .. ............ .... .. . . ........... .. ....... . . . ..... ..... . . ...............:.:.:. .:.. . . . . ..........:.:.:.:.:.::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: t1QAt:(1F(it+ Sub Total= .NaGEMEN. . .E�ER. .l;FUIq................... .... . ................... . ................ ............ .......... ... ... . . .... . . ... . . . . .......... . .......... ..... .... .... ...... .......... .................. ................... .. SUB TOTAL $64,630.72 x _ MRP= ... .:AND 1:::: 6i� t3TA1:: ::::`:':: :::::::?`:::'::::E`:::::`:::::::::::::::::::::::':::[:: GRAND TOTAL = $64,631 PREPARED BY: Don LaFord,PE DATE: 11/25/2019 REVIEWED BY: Patrick E.Skillings,PE DATE: 11/25/2019 Skillings Connolly,Inc. Page 6 of 7 Project No 18184—Supplement 4 City of Kent Construction Support Services EXHIBIT B-3 CONSULTANT COST COMPUTATION-EXPENSES Item i Description Basis Quantity Rate Total 1 Telephone Month $0.00 2 `:. Auto Rental Each $0.00 3 j Lodging Day $0.00 4 Per Diem-Meal Day $0.00 5 Photo Copies-Blk&White Each $0.10 $0.00 6 Photo Copies-Color Each $0.35 $0.00 7 i Half Sized Prints Each $0.50 $0.00 8 Full Sized Prints Each $6.00 $0.00 9 Postage Month $0.00 10 i Shipping Month $0.00 11 ' FAXs Each $0.00 12 Miscellaneous Project Costs Month $0.00 13 j Miscellaneous Survey Costs Estimated $0.00 14 Traffic Control Estimated $0.00 Total Miscellaneous Expenses Mileage Per Mile 540 0.580 $313.20 Total Expenses $313.20 Skillings Connolly,Inc. Page 7 of 7 Project No 18184—Supplement 4 City of Kent Construction Support Services SARGEINrr Sargent Engineers,Inc. 320 Ronlee Lane NW Olympia,Washington 98502 Tel 360 867-9284 Fax 360 867-9318 www.sargentengineers com October 15, 2019 Skillings Connolly Attn: Mr. Patrick Skillings 5016 Lacey Boulevard SE Lacey, WA 98503 RE: City of Kent- Shops Fuel Tank Replacement Construction Phase Services Proposal Project No.: A19120.00 Dear Patrick: On behalf of Sargent Engineers, I am pleased to present to you our proposal for providing structural engineering services related to the construction of the fuel station upgrades at the City of Kent Maintenance Shops. For this phase of the project, our scope of services would include: • Respond to contractor RFIs related to the structural elements of the canopy and foundation that we designed. • Review contractor submittals, and test and inspection reports for the structural elements of the canopy and foundation that we designed. • Review contractor submittal for the seismic anchorage of the fuel tanks (not designed by SEI). • Perform on-site observation of construction. A maximum of 2 site visits are included in the proposal, any additional site visits requested will cost$500 per requested visit. To complete the services as outlined above, we propose a maximum fee of$7,859 to be billed at our hourly rates in effect at the time services are provided. Please find the attached cost-per-task breakdown of the proposed services for your review. If the scopes and fees are acceptable, we can begin work on the project as soon as we receive a signed copy of this proposal or a Skillings Connolly provided agreement. Thank you for this opportunity to be of assistance to you, and we look forward to another successful project working with Skillings Connolly. Respectfully, Sargent Engineers, Inc. Erik Martin, P.E., S.E. Principal ECM P 119FilesW19120.00 Skillings-Kent Fuel CanopylProp-Kent Shops Fuel-Construction.docx SARGENTMr. Skillings Page 2 October 15, 2019 Skillings - Kent Shops Fuel Tank Replacement Construction Phase Services Estimate Senior Project Project Design Principal Engineer Engineer Engineer Drafter II Clerical Task Cost Rate: $175.00 $139.00 $130.00 $109.00 $95.00 $70.00 Construction Services 1. Project Management 4 $700 2. Site Visit(maximum of 2) 6 $780 3. Responding to Contractor RFIs 10 $1,300 4. Submittal Review 32 $4,160 5. Test/Inspection Report Review 6 $780 Total for Construction Services 4 0 54 0 0 0 $7,720 Reimbursable Costs Mileage $139.20 Per Diem $0.00 Subconsultants $0.00 Total Reimbursable Costs $139 Total Project Fees $7 859 Requested Fee $7,859 t\ O V O O Ln —_ O N cn M \ O U O O � O Cl) U c i O LO LO O co .- co U �- O M W 0 O O O O EA Lo rn cn N W 0 O O o O bq Ui Cl) U m � C wW N O OO O O M C C\l N 'IT V 'IT (V cam- � U w W Un w O O O O fA L Lf7 0 U co = N � 0O O O O Ef3 Z L LO L 0 CY) N N w 2 w O O O O EA Z L6 C i �2 Ue U p� (D C Z Lu w O O O L O ba m O C Ln U w 0 N IU a) (n J co 00 U O O Q c Z o Y 3 d Z c m H N C U 3 O LL_ J O z y N 7 U � N LO i = N Y F _c c N aw rn a) U O C J > c w U w J w a) a) w p m � U m 2a U O �O � � U O Q JW > a) cno' w n W c U p m � wO O � 13c0 B O O J 0 Ua- U) 65 - Q at- Un = U LU EXHIBIT C 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 C (Continued) 3. Professional Liability insurance shall be written with limits no less than $3,000,000 per claim and $3,000,000 policy aggregate limit. 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#: 324969 SKILLINC12 7TF(MMIDD/YVYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 4/2020 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 Please See Below_: _ NAME: USI Insurance Services NW PR PHONE 206 441-6300 AX 610-362-8530 A/C No Ely A/C,No 601 Union Street,Suite 1000 E-MAIL Seattle.PLCertRequest@usi.com Seattle,WA 98101 ADDRESS: 4 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Inds Ry Company 25658 INSURED INSURER B:Travelers Indemnity company 25658 ings, P. 0. Bo Inc. Ala.k.N.Wnalln.aranc�Company 38733 P. O. Box 5080 INSURER C INSURER D:XL specialty Insurance Company 37885 Olympia,WA 98509 Tr .k-Ind—ityCompany&CT 25682 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 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 SUB POLICY EFF POLICY EXP LIMITS LTR R W INSVD POLICY NUMBER MM/D M/MD A X COMMERCIAL GENERAL LIABILITY X X 6805HS60029 2/18/2019 12/18/2020 EEACHGOCCCURRENCE $1,000,000 CLAIMS-MADE ❑X OCCUR PREMISES EaENrrence $1,000,000 MED EXP(Any one person) $1 O 000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY IF JECOT LOC PRODUCTS-COMP/OP AGG $2,000,000 POLICY F OTHER: $ E AUTOMOBILE LIABILITY X X BA6752L594 2/18/2019 12/18/202 Ee. daan°tSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED ONLY Ix NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR CUP7892Y166 2/18/2019 1211812020 4E.L.EACH CURRENCE $5 000 000 EXCESS LIAB CLAIMS-MADE (Follow Form) ATE $5 OOO OOO DED X RETENTION$1 O 000 $ A WORKERS COMPENSATION X 6805H560029 12/18I2019 12/181202 X IER OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEYlN (WA Stop Gap) ACCIDENT $1000000 OFFICER/MEMBER EXCLUDED? FN NIA -- (�, (Mandatory in NH) 19GWU10243 7/10/2019 07/10/202 E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTIONOF OPERATIONS below USL&H E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional DPR9939091 0310212019 03/02/2020 $3,000,000 per claim Liability $3,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project No. 18184; Project Name: Public Works Operations Facility New Fuel System Construction Support. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement (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 98032-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S27702862/M27653093 SRSJV DESCRIPTIONS (Continued from Page 1) that provides Additional Insured status to the Certificate Holder, City of Kent, only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. The General Liability policy includes Per Project Aggregate Limits and a Separation of Insureds Provision,when required by written contract The General Liability policy contains a special endorsement with "Primary and Noncontributory"wording, when required by written contract. Should the General Liability and Automobile Liability policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. The Umbrella Liability policy follows form of underlying liability. SAGITTA 25.3(2016/03) 2 of 2 #S27702862/M27653093 COMMERCIAL AUTO POLICY: BA67521-594 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-5H560029-19-47 ISSUE DATE:10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS AND DESIGNATED PROJECT AND LOCATION AGGREGATE LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE —LIMITS OF INSURANCE AND DESIGNATED PROJECTS AND LOCATIONS LIMITS OF INSURANCE Total Aggregate Limit $ 2,000,000 (Other Than Projects and Products-Completed Operations) Designated Location Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) Designated Project Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) General Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) Designated Projects: Each "project" for which you have agreed, in a written contract which is in effect during this policy period, to provide a separate General Aggregate Limit, provided that the contract is signed by you before the "bodily injury" or "property damage" occurs. Designated Locations: All locations listed in Item 3. of the Common Policy Declarations or in any Master Pac Account Exposure Endorsement included in this policy. PROVISIONS 1. The General Aggregate Limit (Other Than 1. The Limits of Insurance shown in the Products-Completed Operations) shown in the Declarations or the Schedule — Limits Of Declarations is replaced by the Limits of Insurance And Designated Projects And Insurance shown in the Schedule — Limits Of Locations, whichever apply, and the rules Insurance And Designated Projects And below fix the most we will pay regardless of Locations. the number of: 2. The following replaces Paragraph 1. of SECTION a. Insureds; III — LIMITS OF INSURANCE: b. Claims made or"suits" brought; CG D4 69 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY c. Persons or organizations making claims under Coverage B. Instead, the or bringing "suits"; or General Aggregate Limit described in d. "Projects" or"locations". Paragraph 2.d. below applies to such 3. The following replaces Paragraph 2. of SECTION damages. III —LIMITS OF INSURANCE: (5) Any payments made for damages or 2. a. The Total Aggregate Limit shown in the medical expenses to which theDesignated Project Aggregate Limit Schedule — Limits Of Insurance And applies will reduce the Designated Designated Projects And Locations is the Project Aggregate Limit for the most we will pay for the sum of all applicable "project". Such payments amounts under the Designated Location will not reduce the Total Aggregate Aggregate Limit and all amounts under Limit, the General Aggregate Limit the General Aggregate Limit. This described in Paragraph 2.d. below, includes: the Designated Project Aggregate (1) Damages under Coverage A, except Limit for any other "project" or the damages because of"bodily injury" or Designated Location Aggregate Limit. "property damage" included in c. Subject to the Total Aggregate Limit the 'products-completed operations described in Paragraph 2.a. above, the hazard"; Designated Location Aggregate Limit (2) Damages under Coverage B; and shown in the Schedule — Limits Of (3) Medical expenses under Coverage C. Insurance And Designated Projects And Locations applies and is further subject to b. The Designated Project Aggregate Limit all of the following provisions: shown in the Schedule — Limits Of Insurance And Designated Projects And (1) The Designated Location Aggregate Locations applies and is further subject to Limit is the most we will pay for the all of the following provisions: sum of: (1) The Designated Project Aggregate (a) Damages under Coverage A Limit is the most we will pay for the because of "bodily injury" and sum of: "property damage" caused by (a) Damages under Coverage A "occurrences"; and because of "bodily injury" and (b) Medical expenses under "property damage" caused by Coverage C for "bodily injury" "occurrences"; and caused by accidents; (b) Medical expenses under that can be attributed only to Coverage C for "bodily injury" operations at a single "location". caused by accidents; (2) The Designated Location Aggregate that can be attributed only to Limit applies separately to each operations at a single"project". "location". (2) The Designated Project Aggregate (3) The Designated Location Aggregate Limit applies separately to each Limit does not apply to damages "project". because of"bodily injury" or "property (3) The Designated Project Aggregate damage" included in the "products- Limit does not apply to damages completed operations hazard". because of"bodily injury" or"property Instead, the Products-Completed damage" included in the "products- Operations Aggregate Limit completed operations hazard". described in Paragraph 3. below Instead, the Products-Completed applies to such damages. Operations Aggregate Limit (4) The Designated Location Aggregate described in Paragraph 3. below Limit does not apply to damages applies to such damages. under Coverage B. Instead, the (4) The Designated Project Aggregate General Aggregate Limit described in Limit does not apply to damages Page 2 of 3 ©2017 The Travelers Indemnity Company.All rights reserved. CG D4 69 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY Paragraph 2.d. below applies to such General Aggregate Limit applies will damages. reduce: (5) Any payments made for damages or (a) The Total Aggregate Limit; and medical expenses to which the Designated Location Aggregate Limit (b) The General Aggregate Limit. applies will reduce: Such payments will not reduce the (a) The Total Aggregate Limit; and Designated Project Aggregate Limit for any "project" or the Designated (b) The Designated Location Location Aggregate Limit for any Aggregate Limit for the applicable "location". "location". Such payments will not reduce the 4. The following replaces Paragraph 3. of SECTION General Aggregate Limit described in III—LIMITS OF INSURANCE: Paragraph 2.d. below, the 3. The Products-Completed Operations Aggre- Designated Project Aggregate Limit gate Limit shown in the Declarations is the or the Designated Location most we will pay under Coverage A for Aggregate Limit for any other damages because of "bodily injury" or "location". "property damage" included in the "products- d. Subject to the Total Aggregate Limit completed operations hazard". Any payments made for such damages will not reduce the described in Paragraph 2.a. above, the Total Aggregate Limit, the General Aggregate General Aggregate Limit shown in the Limit, the Designated Project Aggregate Limit Schedule — Limits Of Insurance And for any "project' or the Designated Location Designated Projects And Locations Aggregate Limit for any "location". applies and is further subject to all of the following provisions: S. The following is added to the DEFINITIONS Section: (1) The General Aggregate Limit is the "Location" means any designated location shown most we will pay for the sum of: in the Schedule — Limits Of Insurance And (a) Damages under Coverage A Designated Projects and Locations that is owned because of "bodily injury" and by or rented to you. For the purposes of "property damage" caused by determining the applicable aggregate limit of "occurrences", and medical insurance, each "location" that includes a expenses under Coverage C for premises involving the same or connecting lots, "bodily injury" caused by or premises whose connection is interrupted only accidents, that cannot be by a street, roadway or waterway, or by a right-of- attributed only to operations at a way of a railroad, will be considered a single single "project' or a single "location". "location"; and "Project' means any designated project shown in (b) Damages under Coverage B. the Schedule — Limits Of Insurance And (2) The General Aggregate Limit does Designated Projects And Locations that is away not apply to damages for "bodily from premises owned by or rented to you and at injury" or "property damage" included which you are performing operations pursuant to in the "products-completed oper- a contract or agreement. For the purposes of ations hazard". Instead, the determining the applicable aggregate limit of Products-Completed Operations insurance, each "project' that includes a premises Aggregate Limit described in involving the same or connecting lots, or Paragraph 3. below applies to such premises whose connection is interrupted only by damages. a street, roadway or waterway, or by a right-of- way of a railroad, will be considered a single (3) Any payments made for damages or "project'. medical expenses to which the CG D4 69 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. POLICY: 6805H560029 TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG T1 00 02 19 SECTION I —COVERAGES Beginning on Page Coverage A— Bodily Injury and Property Insuring Agreement .......................................................1 Damage Liability Exclusions .................................................................... 2 Coverage B — Personal and Advertising Insuring Agreement .......................................................6 Injury Liability Exclusions .....................................................................6 Coverage C— Medical Payments Insuring Agreement .......................................................9 Exclusions .................................................................... 9 SupplementaryPayments ...................................................................................................10 SECTION II —WHO IS AN INSURED .......................................................................................11 SECTION III — LIMITS OF INSURANCE ...................................................................................13 SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS ........................................13 Bankruptcy .........................................................................................................................13 Duties In The Event Of Occurrence, Offense, Claim Or Suit ...............................................13 LegalAction Against Us ......................................................................................................14 OtherInsurance .................................................................................................................15 PremiumAudit ...................................................................................................................16 Representations .................................................................................................................16 Separation Of Insureds ......................................................................................................16 Transfer Of Rights Of Recovery Against Others To Us .......................................................16 WhenWe Do Not Renew ...................................................................................................16 SECTION V— DEFINITIONS ....................................................................................................16 CG TO 34 02 19 COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a. The amount shown for the Damage To a Named Insured in the Declarations. This paragraph Premises Rented To You Limit in the does not apply to any such partnership, joint venture or Declarations of this Coverage Part; or limited liability company that otherwise qualifies as an b. $300,000 if no amount is shown for the insured under Section II —Who Is An Insured. Damage To Premises Rented To You Limit in SECTION III —LIMITS OF INSURANCE the Declarations of this Coverage Part. 1. The Limits of Insurance shown in the Declarations 7. Subject to Paragraph S. above, the Medical and the rules below fix the most we will pay Expense Limit is the most we will pay under regardless of the number of: Coverage C for all medical expenses because of a. Insureds; "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply b. Claims made or"suits" brought; or separately to each consecutive annual period and to any c. Persons or organizations making claims or remaining period of less than 12 months, starting with bringing "suits". the beginning of the policy period shown in the Declarations, unless the policy period is extended after 2. The General Aggregate Limit is the most we will pay issuance for an additional period of less than 12 for the sum of: months. In that case, the additional period will be a. Medical expenses under Coverage C; deemed part of the last preceding period for purposes of b. Damages under Coverage A, except damages determining the Limits of Insurance. because of "bodily injury" or "property damage" SECTION IV — COMMERCIAL GENERAL LIABILITY included in the "products-completed operations CONDITIONS hazard"; and 1. Bankruptcy c. Damages under Coverage B. Bankruptcy or insolvency of the insured or of the 3. The Products-Completed Operations Aggregate insured's estate will not relieve us of our obligations Limit is the most we will pay under Coverage A for under this Coverage Part. damages because of "bodily injury" and "property 2. Duties In The Event Of Occurrence, Offense, damage" included in the "products-completed Claim Or Suit operations hazard". a. You must see to it that we are notified as soon 4. Subject to Paragraph 2. above, the Personal And as practicable of an "occurrence" or an offense Advertising Injury Limit is the most we will pay which may result in a claim. To the extent under Coverage B for the sum of all damages possible, notice should include: because of all "personal injury" and "advertising injury" sustained by any one person or organization. (1) How, when and where the "occurrence" or offense took place; 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we (2) The names and addresses of any injured will pay for the sum of: persons and witnesses; and a. Damages under Coverage A; and (3) The nature and location of any injury or damage arising out of the "occurrence" or b. Medical expenses under Coverage C; offense. because of all "bodily injury" and "property damage" arising out of any one "occurrence". b. If a claim is made or "suit" is brought against any insured,you must: For the purposes of determining the applicable Each Occurrence Limit, all related acts or (1) Immediately record the specifics of the omissions committed in providing or failing to claim or"suit" and the date received; and provide first aid or "Good Samaritan services" to (2) Notify us as soon as practicable. any one person will be deemed to be one "occurrence". You must see to it that we receive written notice of the claim or"suit" as soon as practicable. 6. Subject to Paragraph S. above, the Damage To Premises Rented To You Limit is the most we will c. You and any other involved insured must: pay under Coverage A for damages because of (1) Immediately send us copies of any "premises damage" to any one premises. The demands, notices, summonses or legal Damage To Premises Rented To You Limit will be: papers received in connection with the claim or"suit"; CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 13 of 21 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other (III) An executive officer or director of information; any other organization; or (3) Cooperate with us in the investigation or (iv)A trustee of any trust; settlement of the claim or defense against the "suit"; and that is your partner, joint venture member, manager or trustee; or (4) Assist us, upon our request, in the (b) Any employee authorized by such enforcement of any right against any person or organization which may be liable partnership, joint venture, limited to the insured because of injury or damage liability company, trust or other organization to give notice of an to which this insurance may also apply. "occurrence" or offense. d. No insured will, except at that insured's own (3) Notice to us of such "occurrence" or cost, voluntarily make a payment, assume any offense will be deemed to be given as soon obligation, or incur any expense, other than for as practicable if it is given in good faith as first aid, without our consent. soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation insurer. This applies only if above, but only for purposes of the insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as insured listed in Paragraph 1. or 2. of Section II practicable after any of the persons —Who Is An Insured: described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply. offense is known to you (if you are an However, if this policy includes an endorsement individual), any of your partners or that provides limited coverage for "bodily injury" members who is an individual (if you are a or "property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who is an individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of "pollutants" "executive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after its abrupt commencement, this joint venture, or limited liability company), Paragraph e. does not affect that requirement. any of your trustees who is an individual (if you are a trust) or any "employee" 3. Legal Action Against Us authorized by you to give notice of an No person or organization has a right under this "occurrence" or offense. Coverage Part: (2) If you are a partnership, joint venture, a. To join us as a party or otherwise bring us into limited liability company or trust, and none a "suit" asking for damages from an insured; or of your partners, joint venture members, b. To sue us on this Coverage Part unless all of managers or trustees are individuals, notice its terms have been fully complied with. to us of such "occurrence" or offense must be given as soon as practicable only after A person or organization may sue us to recover on the "occurrence" or offense is known by: an agreed settlement or on a final judgment against an insured; but we will not be liable for damages (a) Any individual who is: that are not payable under the terms of this (i) A partner or member of any Coverage Part or that are in excess of the partnership or joint venture; applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by (ii) A manager of any limited liability us, the insured, and the claimant or the claimant's company; legal representative. Page 14 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ii) That is insurance for "premises If valid and collectible other insurance is available to damage"; the insured for a loss we cover under Coverages A (iii) If the loss arises out of the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described in Paragraphs a. and b. below. "autos" or watercraft to the extent As used anywhere in this Coverage Part, other not subject to any exclusion in this insurance means insurance, or the funding of Coverage Part that applies to losses, that is provided by, through or on behalf of: aircraft, "autos" or watercraft; (i) Another insurance company; (iv) That is insurance available to a premises owner, manager or (i I) Us or any of our affiliated insurance companies, lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4. of Section II — Occurrence Limit provision of Paragraph S. of Who Is An Insured, except when Section III — Limits Of Insurance or the Non Paragraph d. below applies; or cumulation of Personal and Advertising Injury (v) That is insurance available to an Limit provision of Paragraph 4. of Section III — equipment lessor that qualifies as Limits of Insurance applies because the an insured under Paragraph 5. of Amendment — Non Cumulation Of Each Occurrence Limit Of Liability And Non Section II — Who Is An Insured, Cumulation Of Personal And Advertising Injury except when Paragraph d. below Limit endorsement is included in this policy; applies. (iii)Any risk retention group; or (b) Any of the other insurance, whether primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance. additional insured, or is any other Other insurance does not include umbrella insured that does not qualify as a insurance, or excess insurance, that was bought named insured, under such other specifically to apply in excess of the Limits of insurance. Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part. have no duty under Coverages A or B to As used anywhere in this Coverage Part, other defend the insured against any "suit" if any insurer means a provider of other insurance. As other insurer has a duty to defend the insured against that "suit". If no other used in Paragraph c. below, insurer means a insurer defends, we will undertake to do so, provider of insurance. but we will be entitled to the insured's rights a. Primary Insurance against all those other insurers. This insurance is primary except when (3) When this insurance is excess over other Paragraph b. below applies. If this insurance is insurance, we will pay only our share of the primary, our obligations are not affected unless amount of the loss, if any, that exceeds the any of the other insurance is also primary. sum of: Then, we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c. below, insurance would pay for the loss in the except when Paragraph d. below applies. absence of this insurance; and b. Excess Insurance (b) The total of all deductible and self- insured amounts under all that other (1) This insurance is excess over: insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss, if any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance provision and was not bought specifically to (i) That is Fire, Extended Coverage, apply in excess of the Limits of Insurance Builder's Risk, Installation Risk or shown in the Declarations of this Coverage similar coverage for"your work"; Part. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 15 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The "bodily injury" or "property damage" for 8• Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, subsequent to the signing of that contract or the insured will bring "suit" or transfer those rights agreement by you. to us and help us enforce them. S. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date SECTION V—DEFINITIONS for audit and retrospective premiums is the date 1 "Advertisement" means a notice that is broadcast or shown as the due date on the bill. If the sum of published to the general public or specific market the advance and audit premiums paid for the policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website that is about your goods, products or services 6. Representations for the purposes of attracting customers or By accepting this policy, you agree: supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-5H560029-19-47 OFFICE PAC ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "ADVERTISING INJURY' CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S)AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, CG T8 01 12 19 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-5H560029-19-47 OFFICE PAC ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: THIS INSURED DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY"ARISING OUT OF AN OFFENSE COMMITTED, AFTER: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE, MAINTENANCE OR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL INSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR 2. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR A PRINCIPAL AS A PART OF THE SAME PROJECT. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T8 01 12 19 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-5H560029-19-47 OFFICE PAC ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". CG 20 37 07 04 CG T8 02 12 19 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-5x560029-19-47 OFFICE PAC ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Copyright ISO Properties, Inc. 2004 CG T8 02 12 19 Page 2 of 2