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HomeMy WebLinkAbout14-152 - CHS Engineers - CBD Sanitary Sewer Rehabilitation Construction Management 14-152(a) Council Approval 4/6/15 SUPPLEMENTAL AGREEMENT NUMBER 1 to CONSULTANT AGREEMENT NUMBER 14-152 (A) THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein-after referred to as "the City", and CHS Engineers, LLC, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, October 2, 2014 and identified as Agreement No. 14-152. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Scope of Services, for Supplemental Agreement #1 for Construction Management for the CBD Sanitary Sewer Rehabilitation Project. The purpose of this supplement is to add: 1. Construction Support 1.1. Field Observation — Complete observation of field work and coordinate with City Utilities Engineer or designated party regarding construction activities. 1.1.1. Civil Construction - Complete observation of field work including backfill, compaction, surface restoration and site restoration. 1.2. Documentation —All construction observers shall prepare daily reports, accompanied by photographs and/or sketches as suitable to clarify the report. 1.3. Pay Estimate Support — Review final pay estimate to confirm quantities for review and approval by City. 1.4. Construction Completion Letter — Provide written documentation to the City recommending the City accept the project as construction complete, stating the effective date of the warranty period and any holding periods required prior to releasing retainage. 2. Deliverables • Up to seven (7) additional inspector daily reports (IDRs). • CD containing all digital,photos taken throughout the project. • Construction completion letter initiating the warranty period and any time periods necessary prior to releasing retainage. 3. Payment, shall be amended as follows: Payment for the work provided by the Consultant as part of this supplement shall be made for an additional $10,000.00. The total amount for the Consultant for this contract shall not exceed $46,317.00 without express written modification of the Agreement signed by the City. /6°Le 1 G/rl/ cs (W:PW Eng/Projects/A-SW/CBD Sanitary Sewer Rehab(91140203)/Consultant Agreement Supplement#1 140152 030315) Tasks Hours Fees Project Management 10 $1,386 Field Observation 64 $7,080 Documentation 8 $864 Pay Estimate Support 2 $216 Construction Completion Letter 2 $258 Mileage/Expenses $196 Total 86 $10,000 4. Time for Performance, is amended to change the number of calendar days for a completion date of May 15, 2015 with a total of 225 days. h DATED this 1 day of 4'3') , 2015. CITY OF TUKWILA CONSULTANT 1126 By: freAfilarir Jim .g,erton, Ma, • Printed Name: i1e y Z4oryer^ Title: T r/I'1G./Ctt/ eine K' (W:PW Eng/Projects/A-SW/CBD Sanitary Sewer Rehab(91140203)/Consultant Agreement Supplement#1 140152 030315) City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 14 -152 Council Approval N/A CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and CHS Engineers, LLC, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Construction Manage services in connection with the project titled CBD Sanitary Rehabilitation Project . 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending edit, U e9C 1� , unless sooner terminated under the provisions hereinafter specified. ork under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform 11 services and provide all work product required pursuant to this Agreement no later than FILL lS ,runless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $36,317.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. /5/di ._ OR/ //(%BLS 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the servi es ro s -'d under this Agreement. 7. Indemnification. The Consultant shall le.fernt in. n`ff ' and hold the City, its officers, officials, employees and volunteers harmless fro . ny and all claims, injuries losses or suits including attorney fees, arising o of or resulting from the^� • . • s ! IljC• ats, e ors or omissions of the Consultant in performance of this Agreement, except for injuries an damages caused by the sole negligence of the City. 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, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. 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. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover 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. • CA revised : 1 -2013 Page 2 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to 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 be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. 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. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised : 1 -2013 Page 3 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised : 1 -2013 Page 4 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: CHS Engineers, LLC 12507 Bell -Red Road Suite 101 Bellevue, Wa 98005 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this r/ day of C) c] —ahe,. CITY OF TUKWILA CONSULTANT Attest/Authenticated: City Clerk, ChriTy O'Flaherty CA revised : 1 -2013 B , 20) . Printed Name: S�- Title: �i ('1'c1c -1)0 =` Approved as to Form: Office of the City Attorney Page 5 ,4� °® CERTIFICATE OF LIABILITY INSURANCE g /DATE(M 4 D/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Michael J Hall & Company Hall & Company 19660 10th Ave NE Poulsbo WA 98370 CONTACT NAME: Michael Ji all & COmizY POLICY EFF (MM /DD/YYYY) PHOE (A/CNNo. Ext):360- 598 -3700 (A/C, No): E-MAIL Dss:certificates hallandcom an com @ P Y� INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :HANOVER INS CO 22292 13056 INSURED 1423 CHS Engineers LLC 12507 Bel -Red Road #101 Bellevue WA 98005 INSURERB:RLI INSURANCE COMPANY INSURER C : 7/30/2015 INSURER D : $1,000,000 INSURER E : $1,000,000 INSURER F : $10,000 COVERAGES CERTIFICATE NUMBER: 1555161599 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM /DD/YYYY) POLICY EXP (MM /DD/YYYY) LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY PSB0003085 7/30/2014 7/30/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 MED EXP (Any one person) $10,000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $1,000,000 X OCP /XCU /BFPD GENERAL AGGREGATE $2,000,000 X Separation Insds PRODUCTS - COMP /OP AGG $2,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES jT PER LOC $ B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS PSA0001137 7/30/2014 7/30/2015 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE PSE0001153 7/30/2014 7/30/2015 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 $ DED X RETENT ON $0 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PSB0003085 7/30/2014 7/30/2015 WC STATU- x OTH- TORY LIMITS ER WA STOP GAP E.L. EACH ACCIDENT $1,000,000 E L. DISEASE - EA EMPLOYEE $1,000,000 E.L DISEASE - POLICY LIMIT $2,000,000 A Professional Liab;Claims Made LH2942953602 1/20/2014 1/20/2015 $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate Holder(s) is /are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non - contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella / Excess Liability and Workers Compensation / Employers Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION City of Tukwila 6300 Southcenter Boulevard Tukwila WA 98188 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSA0001137 RLI Insurance Company Named Insured: CHS Engineers, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair - Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage - Loss Of Use L. Hired Car - Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition - Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition - Railroad Easement Q. Coverage Extensions - Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300WA 11 11 Page 1 of 5 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II — LIABILITY Coverage, Paragraph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50 %) or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II — LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II — LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non - contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II — LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". F. Fellow Employee Coverage SECTION II — LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in -force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto ", less: PPA 300WA 11 11 Page 2 of 5 1. The amount _ paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2. Any: a. Overdue lease /loan payments at the time of the "loss "; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. H. Glass Repair — Waiver Of Deductible SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. I. Personal Effects Coverage The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: c. Personal Effects Coverage In the event of a total theft loss of your covered "auto we will pay up to $400 for "loss" to wearing apparel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto"; No deductible applies to Personal Effects Coverage. J. Hired Auto Physical Damage Coverage The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: d. Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage and this policy also provides Physical Damage Coverage for an owned "auto ", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $60,000 (b) The actual cash value of the damaged or stolen property as of the time of the "loss "; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in the event of a total "loss ". (3) We may deduct for betterment for parts normally subject to repair and replacement during the useful life of the "auto ". In this event, deductions shall be limited to the lesser of: (a) An amount equal to the proportion that the expired life of the part to be repaired or replaced bears to the normal useful life of the part; or (b) The amount which the resale value of the "auto" is increased from the repair or replacement. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned auto will apply. This Coverage Extension will not apply to: (a) Any "auto" that is hired, rented or borrowed with a driver; or (b) Any "auto" that is hired, rented or borrowed from your "employee ". K. Hired Auto Physical Damage — Loss Of Use The following is added to SECTION 1I — LIABILITY COVERAGE, A.2. Coverage Extensions: e. We will pay sums which you legally must pay to the lessor of a covered "auto" which you have leased without a driver for thirty (30) days or less for the lessor's loss of use of the covered "auto ", provided: (1) This insurance provides comprehensive, specified causes of loss or collision covered on the covered "auto "; (2) The loss of use results from the covered "auto" being damaged in an "accident" while you are leasing it. We will pay up to a maximum limit of $1,500 for this covered extension. (5) L. Hired Car — Worldwide Coverage The following is added to SECTION II — LIABILITY COVERAGE, A.2. Coverage Extensions: PPA 300WA 11 11 Page 3 of 5 f. Hired Car — Worldwide Coverage (1) We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" which occurs outside of the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada resulting from the maintenance, or use of any covered "auto" of the private passenger type you lease, hire, rent or borrow without a driver for thirty (30) days or less. (2) With respect to any claim made or "suit" instituted outside the United States of America, the territories and possessions of the United States of America, Puerto Rico, and Canada: (3) (a) You shall undertake the investigation, settlement and defense of such claims and "suits" and keep us advised of all proceedings and actions. (b) You will not make any settlement without our consent. (c) We will reimburse you: (1) For the amount of damages be- cause of liability imposed upon you by law on account of "bodily" injury" or "property damage" to which this insurance applies, and (ii) For all reasonable expenses incur- red with our consent in connection with the investigation, settlement or defense of such claims or "suits ". Reimbursement for expenses will be part of the Limit of Insurance for liability coverage shown in the Busi- ness Auto Coverage Declarations, and not in addition to such limits. The limit of Insurance for Liability Coverage shown in the Business Auto Coverage Declarations is the most we will reimburse you for the sum of all damages imposed on you, as set forth in paragraph 2.c. above, and all expenses incurred by you arising out of any single "accident" or "loss ". (4) You must maintain the greater of the following primary auto liability insurance limits: (a) Compulsory admitted insurance with limits required to be in force to satisfy the legal requirements of the jurisdiction where the accident occurs; or (5) (b) Insurance limits required by law and issued by a government entity or by an insurer licensed or permitted by law to do business in the jurisdiction where the "accident" occurs; or (c) Auto liability insurance limits of at least $300,000 combined single limit or $100,000 per person /$300,000 per acci- dent Bodily Injury, $100,000 Property Damage. If you fail to comply with the above, this insurance is not invalidated. However, in the event of a "loss ", we will pay only to the extent that we would have been liable had you so complied. The insurance provided by this coverage extension is excess over any other collectible insurance available to you whether on a primary, excess contingent or any other basis. M. Temporary Transportation Expenses SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced by the following: a. Transportation Expenses (1) We will pay up to a maximum of $1,500 for temporary transportation expense incurred by you because of Physical Damage to a coverage "auto ". (2) We will pay only for those covered "autos" for which you carry Comprehensive, Collision or Specified Case of Loss Coverage. We will pay only for those expenses incurred by you during the period of time that begins twenty -four (24) hours after the covered "loss" and ends at the time when the covered "auto" can be reasonable repaired or replaced. (4) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. N. Amended Bodily Injury Definition — Mental Anguish The following is added to SECTION V — DEFINITIONS, Definition C.: "Bodily injury" also includes mental anguish, but only when the mental anguish arises from other bodily injury, sickness or disease. (3) PPA 300WA 11 11 Page 4 of 5 O. Airbag Coverage The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE B. Exclusions 3.a.: However, this exclusion will not apply to accidental discharge of an airbag due to mechanical or electrical breakdown. P. Amended Insured Contract Definition — Railroad Easement SECTION V — DEFINITIONS paragraph H. "Insured contact" is modified as follows: 1. Paragraph H.3. is replaced by the following: 3. Any easement or license agreement. 2. Paragraph H.6.a. is deleted. 0. Coverage Extensions — Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound SECTION III — PHYSICAL DAMAGE COVERAGE B. Exclusions, exception paragraph a. to exclusion 4.c. and 4.d. is deleted and replaced with the following: a. Equipment and accessories used with such equipment, except for tapes, records, discs or other electronic media device, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or is removable from the housing unit which is permanently installed in the covered "auto" at the time of the "loss ", and such equipment is designed to be solely operated by use of the power from the "autos" electrical system, in or upon the covered "autos "; or R. Notice Of An Knowledge Of Occurrence SECTION IV — BUSINESS AUTO CONDITIONS, A.2. Duties In The Event Of Accident, Claim Suit Or Loss, subparagraph a. is deleted and replaced with the following: a. In the event of "accident ", claim, "suit" or "loss ", you must give us or our authorized representative prompt notice of the "accident" or "loss" including: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured person and witnesses. Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or loss" is known to: (1) You, if you are an individual; (2) A partner if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. S. Unintentional Errors Or Omissions SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions; 2. Concealment Misrepre- sentation Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this pro- vision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. T. Towing Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A.2. Towing, is deleted and replaced by the following: 2. We will pay up to $750 for towing and labor costs incurred each time a covered "auto" is disabled due to a covered cause of loss. However: a. All labor must be performed at the place of disablement; and b. If the covered auto is a private passenger type no deductible applies; and c. If the covered auto is not of the private passenger type our obligation to pay will be reduced by a $250 deductible per disablement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPA 300WA 11 11 Page 5 of 5 Policy Number PSB0003085 Named Insured, CHS Engineers. LLC RI l tnsurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLlPack® FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM • SECTION II — LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additronal insured on this policy. but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. b. In the performance of your ongoing operations: In connection with premises owned by or to you. or c. In connection with your work' and included within the "product completed operations hazard' rented 2. 1 he insurance provided to the additional insured by this endorsement is limited as follows a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services" c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However. if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non - contributory basis. this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance provided that a. b. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement: or 1 he "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organlr.ation because of payments we make for "bodily injury" "properly damage" or "personal and advertising injury" ansing out of your work" performed by you. or on your behalf under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organisation entered into by you before the "bodily injury" or "property damage" occurs or the "personal and advertising injury" offense is committed ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 06 10 Page 1 of 1 Proposed Scope of Work 2014 APW to APE Sewer Repair and APE Manhole Insertion City of Tukwila EXHIBIT A The City of Tukwila has completed analysis and design for completion of a sewer repair and addition of a manhole, both in existing sewer mains. The sewer repair consists of replacement of approximately 56 feet of 12" AC sewer main, without repair of an existing sewer belly in the immediate area, and addition of a manhole in a segment of sewer where the distance between manholes exceeds standard practice. The sewer repair is in the immediate vicinity of railroad tracks. Both sewer mains are below the groundwater table and a dewatering plan and system is required. The contract documents, including pre - construction geotechnical analyses, were prepared by other consultants. The City is in the process of securing permission to access the project area across private property from the adjacent property owners. This scope of work describes the construction support services to be provided for the subject project. The work will be completed by CHS Engineers, LLC, with support from specialist HWA GeoSciences for dewatering and construction geotechnical and hydrogeological review. The proposed scope of work is as follows: 1. Project Management — Construction 1.1. Project Planning, Monitoring and Control, including preparation of the scope and fee estimate, project contract documents review, coordination, monitoring and control. 2. Construction Observation 2.1. Preconstruction Meeting — participate in City -led preconstruction meeting with contractor. 2.2. Shop Drawings - review contractor's shop drawing and materials submittals for conformance with project documents. Up to 20 original and resubmittals (including estimated 50% resubmittal rate) are anticipated. 2.3. Settlement Reference and Monitoring — complete survey to document existing elevation of buildings and other significant improvements within 200 feet of each excavation. area. This will include local control /benchmark outside the work area and establishing temporary control and reference points in the work area, and monitoring building elevations once as the groundwater drawdown operations are under way and two more times during ongoing groundwater operations. Report findings of each monitoring effort. 2.4. Field Observation — complete observation of field work and coordinate with City Utilities Engineer or designated party regarding construction activities. 2.4.1. Civil Construction - Complete observation of field work including construction staging and access setup, TESC setup, dewatering system setup and implementation, fire hydrant temporary removal and replacement, excavation, sewer repair, backfill, compaction, surface restoration, removal of existing bypass system and site restoration. The sewer repair work is anticipated to take up to 13 calendar days and the manhole insertion work is anticipated to take an additional 3 calendar days. The manhole insertion work is anticipated to take place at night. 1 2.4.2. Geotechnical Monitoring — review dewatering plan submittal and complete observation of field work including installation and implementation of dewatering plan, monitoring excavation and sewer foundation materials in context of project requirements and recommendations of geotechnical reports included in contract documents and observe backf ill and compaction operations. (Materials testing shall be by others). 2.5. Documentation — all construction observers shall prepare daily reports, accompanied by photographs and /or sketches as suitable to clarify the report. 2.6. Coordination Meetings — civil construction observer to participate in up to three progress and coordination meetings at City offices. 2.7. Pay Estimates — complete pay estimate (one periodic and one final) based on contract proposal and work schedules, and completed work, for review and approval by City. 2.8. Changes Review — review changes as proposed by City, Contractor or as found to be necessary due to field conditions to confirm status as a change to the contracted work, and general review of claimed costs, based on observed labor, materials and equipment (anticipate two change issues). The proposal assumes the following: • City will manage all contractual matters with Contractor. • CHS will not need to participate in a pre -award meeting. • City and /or Contractor will provide all construction staking, including reference points and clearing limits. • City /Contractor will coordinate and pay for all materials and compaction testing and related work. • City and /or Contractor shall coordinate with the railroad as necessary. • City will be the primary contact for the contractor including management of the agreement, final change order approval and final pay estimate approval. • Record drawings, if prepared, will be prepared by others. • City and /or Contractor will coordinate with local businesses and the railroad regarding access constraints and related impacts. • City will receive and manage all wage and payroll related elements of the construction contract. • Contractor shall measure sand content and /or turbidity of dewatering system discharge for compliance with applicable regulations. 2 CHS EXHIBIT B CHSENGINEERS, LLC CLIENT: City of Tukwila Sheet: 1 of 1 By: ri Date: 9/10/2014 PROJECT FEE ESTIMATE PROJECT: 2014 APW to APE Sewer Repair and APE Manhole Insertion Estimate of Hours by Labor Cateao A. TASKS (see attached scope) 1 2 3 4 5 6 HRS 1. Project Management 10 14 4 $171 14 2. Construction Support PROJECT MANAGER 35 $122 0 2.1 Preconstruction Meeting DESIGN ENGINEER 2 30 2 $99 4 2.2 Submittal Review INSPECTOR 6 30 2 $106 38 2.3 Settlement Reference /Monitoring TECHNICIAN 2 0 2 $106 4 (Engineer /Inspector coord only - see survey crew and technician included below as expense) CLERICAL 2.4 Field Observation - 60% over 16 days 2 12 77 0 91 (civil construction inspector only - geotechnicat included below as expenses) $ - 2.5 Documentation - Photos/Reports 187 2 9 11 2.6 Coordination /Progress Mtg (3) 3 6 9 2.7 Pay Estimates (2) 2 4 6 2.8 Changes Review 2 6 2 10 0 SUBTOTAL 14 35 30 108 0 0 187 B. FEES EXPENSES Mileage, Reproduction and Misc Geotechnical - Dewatering Review/Monitoring Survey crew and tech - settlement reference /mon $ 500 $11,635 $ 3,100 Subtotal - Labor i $21,082 Subtotal- Expenses $ 15,235 TOTAL ESTIMATED FEE This estimate is prepared based on the assumed construction duration noted above - if additional construction time is necessary, additional observation budget may be necessary. $36,317 Sewer Repair Const Support Fee Est withou arch LABOR CATEGORY HOURS RATE SUBTOTAL 1. PRINCIPAL ENGINEER 14 $171 $ 2,394 2. PROJECT MANAGER 35 $122 $ 4,270 3. DESIGN ENGINEER 30 $99 $ 2,970 4. INSPECTOR 108 $106 $ 11,448 5. TECHNICIAN 0 $106 $ - 6. CLERICAL 0 $68 $ - TOTAL CHECK 187 EXPENSES Mileage, Reproduction and Misc Geotechnical - Dewatering Review/Monitoring Survey crew and tech - settlement reference /mon $ 500 $11,635 $ 3,100 Subtotal - Labor i $21,082 Subtotal- Expenses $ 15,235 TOTAL ESTIMATED FEE This estimate is prepared based on the assumed construction duration noted above - if additional construction time is necessary, additional observation budget may be necessary. $36,317 Sewer Repair Const Support Fee Est withou arch CHS CHS ENGINEERS, LLC September 10, 2014 Mr. Michael Cusick, P.E. City of Tukwila — Public Works Department 6300 Southcenter Boulevard Tukwila, WA 98188 -2544 Subject: 2014 APW to APE Sewer Repair and APE Manhole Insertion Proposal for Construction Support Services Dear Michael: Thank you for the opportunity to present this proposal for construction support services to support the City in completion of the subject project. A scope of work and an estimated fee worksheet are attached. The fee for our services as outlined in the attached scope of work will not exceed $36,317 unless otherwise authorized by the City. A condition of this proposal is confirmation that CHS Engineers, LLC, HWA GeoSciences, Inc. will be included, by the time field work begins, as additional insureds on the contractor's insurance policies, as if each were listed in Section 1- 07.18(2) on page SP -25 of the contract documents for this project. We have enclosed two originals of this proposal letter. The City may sign below to authorize the services as described herein and return one original to us. Please call if you have any questions. Sincerely, CHS Engineers, LLC g, Rodney Langer, P.E. Project Manager City of Tukwila Date 12507 BEL -RED ROAD SUITE 101 BELLEVUE, WA 98005 -2500 TEL (425) 637 -3693 FAX (425) 637 -3694