HomeMy WebLinkAbout5887DocuSign Envelope ID: B9F7E415-CCE3-4FCF-AC3D-6EEBEC07E54E
8/6/2020
8/6/2020
DocuSign Envelope ID: B9F7E415-CCE3-4FCF-AC3D-6EEBEC07E54E
DocuSign Envelope ID: B9F7E415-CCE3-4FCF-AC3D-6EEBEC07E54E
8/6/2020
John Perlic
Sr. Vice President
8/6/2020 8/6/2020
DocuSign Envelope ID: B9F7E415-CCE3-4FCF-AC3D-6EEBEC07E54E
DocuSign Envelope ID: B9F7E415-CCE3-4FCF-AC3D-6EEBEC07E54E
DocuSign Envelope ID: B9F7E415-CCE3-4FCF-AC3D-6EEBEC07E54E
DocuSign Envelope ID: B9F7E415-CCE3-4FCF-AC3D-6EEBEC07E54E
DocuSign Envelope ID: B9F7E415-CCE3-4FCF-AC3D-6EEBEC07E54E
DocuSign Envelope ID: B9F7E415-CCE3-4FCF-AC3D-6EEBEC07E54E
DocuSign Envelope ID: B9F7E415-CCE3-4FCF-AC3D-6EEBEC07E54E
DocuSign Envelope ID: B9F7E415-CCE3-4FCF-AC3D-6EEBEC07E54E
AGENDA BILL
CITY OF BREMERTON ��
CITY COUNCIL
SUBJECT: Professional Services Study Session Date:
Agreement with Parametrix Inc., for the COUNCIL MEETING Date:
Design of the Ostrich Creek Culverts Department:
Replacement Project Presenter:
Phone:
October 24, 2018
November 7, 2018
Public Works & Utilities
K. Ketterer
(360)473-5334
SUMMARY: Staff advertised a Request for Statement of Qualifications, and based on an evaluation
of the qualifications received from seven firms, staff has determined Parametrix is the most qualified
to provide the design for the Ostrich Creek Culvert Replacements project. Parametrix will provide
permits, plans, specifications and estimates for the replacement of culverts under Price, Brentwood,
and Kitsap Way. A scope of work was submitted and the contract was negotiated in the amount of
$421,400.
ATTACHMENTS:
1. Professional Services Agreement with Parametrix, Inc.
2. Ostrich Creek Vicinity Map
FISCAL IMPACTS (Include Budgeted Amount): The Ostrich Creek Culverts Replacement Project
is funded by a Public Works Trust Fund Loan ($4,687,968) to the Stormwater Fund, and is in the
2018 budget.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement for design of the Ostrich Creek Culverts
Replacement Project in the amount of $421,400.00; and authorize the Mayor to finalize and execute
the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: )� Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
PROFESSIONAL SERVICES AGREEMENT
Ostrich Creek Culvert Replacements; Project # 869
The City of Bremerton ("City") and Parametrix, Inc. ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated October 22, 2018, including any attachments thereto , attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibit B; provided however, that additional time shall be granted by the City for excusable delays
or extra work as provided for in Section IX.A of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $421,400.00. Consultant's charges and bills
shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this
reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall within
the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming
billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City
reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time
frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as
delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit
C.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
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Bremerton/Parametrix
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IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its field
of expertise. Consultant and its personnel are independent Consultants and not employees of the
City. Consultant and its personnel have no authority to bind the City or to control the City's
employees and other Consultants. None of the benefits provided by the City to its employees,
including, but not limited to, compensation, insurance, and unemployment insurance are available
from the City to the employees, agents, representatives, or sub -consultants of the Consultant.
Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents,
employees, representatives and sub -consultants during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent Consultants to perform
the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Consultant.
V. Indemnification:
A. 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
performance of this Agreement except for that portion of the injuries and damages caused by the
City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B. Architects, Engincers and Any Other Professional Listed In and Perfi}rmiti
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant's services provided pursuant to 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 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, SOLF,LY FOR THE
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Bremerton/Parametrix
Ostrich Creek Culvert Replacements
Rev. 07/2018
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. 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, employees, sub -consultants or sub -contractors.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liabili r insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and general
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractual; products/completed
operations/broad form property damage; explosion, collapse and underground
(XCU) if applicable; and
3. Excess Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate; and
4. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
5. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington
and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims -made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall 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.
Page 3 of 7
Bremerton/Parametrix
Ostrich Creek Culvert Replacements
Rev. 07/2018
The Consultant's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 61h
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason, proof
of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence
of coverage.
V11. General Conditions:
A. Reports and Informalion: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and documents
shall be furnished in the time and form requested. Consultant shall maintain accounting records
in accordance with Generally Accepted Accounting Principles ("GAAP") to substantiate all billed
amounts.
B. Ownershin and tine of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in connection
with the services performed by the Consultant under this Agreement will be safeguarded by the
Consultant to at least the same extent as the Consultant safeguards like information relating to its
own business. If such information is publicly available or is already in Consultant's possession or
known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no
responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Use of 1'hot_toggtraphs and lmak; s. Consultant shall not use or distribute photographs
or images depicting City officials, personnel, property, or equipment whether prepared by
Consultant or provided by City without prior written consent of the City. The City will not
unreasonably withhold its consent.
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Bremerton/Parametrix
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D. Work Performed at Consultant's Risk: Consultant shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in
the performance of the work hereunder 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.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
G. Severabili� Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, 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.
Notices to be sent to:
CITY:
Attn: City Clerk
City of Bremerton
3456 1h Street, Suite 100
Bremerton, WA 98337-1891
Notices to be sent to:
CONSULTANT:
Attn: David Dinkuhn
Parametrix, Inc.
60 Washington Ave, Ste. 390
Bremerton, WA 98337
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
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Bremerton/Parametrix
Ostrich Creek Culvert Replacements
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L. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
M. Choice of Law and Venue; This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its awn costs and attorney's fees.
O. Assignment: Any assignment of this agreement by the Contractor without the
written consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or
sexual orientation except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the other
Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described
in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A.);xcusable lclays: The right of Consultant to proceed shall not be terminated nor
shall Consultant be charged with liquidated damages for any delays in the completion of the work
duc to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any
acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not
reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond
the control and without the fault or negligence of the Consultant, including, but not restricted to,
acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that
the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause
of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly
excusable, the City shall, in writing, extend the time for completing the work for a period of time
commensurate with the period of excusable delay.
B. Rights 1. tpon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
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Bremerton/Parametrix
Ostrich Creek Culvert Replacements
Rev. 07/2018
invoice submitted to the City. 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. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby
certifies, by signing this agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency. Consultant shall provide immediate
written notice to the City if at any time it learns that it is or has become ineligible for certification.
Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing
this agreement that it will verify that the firm with whom it intends to do business is not debarred,
suspended, ineligible, excluded or disqualified.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY:
CITY OF BREMERTON
By:1,�-"
Print Name: e&Wheeler
Its: Mayor
Date: 1� Its !zoi43
APPROVED AS TO FORM:
By:
Roger A. Lubov' , Bremert n City Attorney
CONSULTANT:
ATTEST
By: W-WJ2)
Angela Wi4ds, City Clerk
R:\Lega1\Lega1\Forms\FORMS ON COBWEBTrofessionai Services Agreement Rev. 07 2018.doex
Page 7 of 7
Bremerton/Parametrix
Ostrich Creek Culvert Replacements
Rev. 07/2018
Parametrix
ENGINEERING PLANNING ENVIRONMENTAL SCIENCES
EXHIBIT A - SCOPE OF WORK
City of Bremerton
Ostrich Creek Culvert Replacements
INTRODUCTION
The Ostrich Creek Culvert Replacement project consists of replacing three fish passage barrier culverts on Ostrich
Bay Creek at the following stream crossing locations:
• Price Road
• Kitsap Way
• Brentwood Drive
Project improvements will involve replacing the existing undersized culverts with three -sided concrete box culverts
to provide improved fish passage. The potential for closing Price Road at the crossing location and replacing the
existing culvert with a pedestrian bridge will,be evaluated during conceptual design. This scope of work (SOW) and
the attached budget are based on the assumption that the bridge alternative will be selected. If the bridge is not
selected, then the crossing will be completed with a three -sided box culvert. Design level of effort is similar and the
proposed budget will not be adjusted
A proposed schedule is included in this scope and our proposed budget is attached as Exhibit C,
Main elements of the work will consist of:
• Parametrix will conduct a topographical survey of the project area and prepare a topographical base map
for use in design. Survey limits are shown on attached Figure 1.
• Parametrix will coordinate with stakeholders and prepare conceptual design schematics to be used during
stakeholder meetings.
• Shannon & Wilson, Inc. (S&W) will perform geotechnical studies in support of culvert design.
• Northwest Hydraulic Consultants (NHC) will perform stream geomorphologic studies, hydraulic modelling,
and schematic culvert design.
• Struck Environmental will perform environmental permitting and assist in stakeholder coordination.
• Parametrix will perform preliminary and final design for the two box culverts and pedestrian bridge.
• Consultant team will attend public meeting at the 30% and 90% complete design stages.
• Parametrix will perform engineering services during construction including Contractor Submittal review.
This SOW does not include a subtask for engineering services during construction. This work will be added at a
later date under the Management Reserve task or as an amendment.
Specific tasks are described below.
City of Bremerton
233-1896-8AH
Ostrich Creek Culvert Replacements A-1 October 2018
Scope of Work
SCOPE OF WORK (continued)
TASK 1 — PROJECT MANAGEMENT AND MEETINGS
0kJ=r.11vf
Obtain project data; monitor, and manage scope, schedule, and budget; and periodically meet with the City of
Bremerton (City) and other members of the design team to review project status.
�'rC? aitiF
The following activities will be performed:
• Prepare a detailed schedule showing all major tasks, meetings, and review milestones.
• Schedule, attend, and document semi-monthly project meetings at City offices. In addition, attend two
public meetings (at 30% and 90% complete stages).
• Manage and direct the project technical team including subconsultants.
• Provide routine project management and communications (scope, schedule, budget, invoicing, etc.).
• Prepare detailed monthly progress reports and progress billings, and submit to the City for approval and
payment. The monthly report will include a narrative of the work performed and the tasks to be performed in
the next reporting period.
The following deliverables are associated with this task:
• Routine correspondence including monthly progress reports
• Meeting agendas and notes
• Schematics for public meetings (prepared under other tasks below)
The following assumptions apply to this task:
• Bi -weekly project conference calls will be attended by the Parametrix project manager (PM).
• The Parametrix PM will attend the public meetings.
• Project duration for design services will be 24 months (November 2018 through October 2020).
TASK 2 - CONCEPTUAL DESIGN (10%)
Prepare schematic (10%) design and attend stakeholder meetings.
The following activities will be performed:
City of Bremerton 233-1896-8AH
Ostrich Creek Culvert Replacements A-2 October 2018
Scope of Work
SCOPE OF WORK (continued)
• Coordinate with stakeholders including the Washington State Department of Transportation (WSDOT),
the Suquamish Tribe, The Washington State Department of Fish and Wildlife (WDFW), and property
owners.
• Perform a streamlined evaluation of approaches for the new crossing at Price Road. Approaches to be
evaluated include:
Closing the road to traffic and providing a single lane steel bridge (12 feet wide) for pedestrian and
emergency vehicle use.
A Providing a 2 -lane steel bridge open to traffic.
Providing a 3 -sided box culvert.
• Prepare 10% conceptual schematics, which will be suitable for use at stakeholder meetings (22 -by -34 -
inch format).
• Attend up to four stakeholder meetings.
Deliverables
Deliverables associated with this task are provided below:
+► Streamlined technical memorandum describing results of analysis including cost estimates for each
alternative.
• Schematics for stakeholder meetings.
Assumptions
The following assumptions apply to this task:
• Meetings will be attended by the Parametrix PM.
• Up to three schematics will be provided in 22 -by -34 -inch format.
TASK 3 — PRELIMINARY DESIGN (30%)
Objective
Prepare preliminary (30%) engineering plans, drainage report, cost estimate, and updated schematics to support
a public meeting.
Activities
The following activities will be performed:
• Initiate 30% level design using the preferred layout from conceptual design.
• Identify potential utility conflicts, mark conflict locations in the field, and work with City Public Works staff
to pothole each location. Incorporate pothole information into design.
• Prepare a drainage report meeting City requirements for local permits. Report will meet requirements of
the Washington State Department of Ecology (Ecology) Stormwater Management Manua! for Western
Washington (SWMMWW) and City design standards.
City of Bremerton 233 3£96 8AH
Dstrich Creek Culvert Replacements October 2018
Scope cf V%Iork
SCOPE OF WORK (continued)
• Prepare 30% engineering plans.
• Prepare a 30% cost estimate.
• Update schematics for public meeting using the 30% design as a basis.
Deliverables
Deliverables associated with this task are provided below:
• Proposed plan sheets to be delivered for this task are
A Cover with Vicinity Map and Sheet Index 1 sheet
Legend and Abbreviations 1 sheet
Temporary Bypass Road Plan and Details 1 sheet at 1"=20' scale
Roadway Plan and Profile 3 sheets at 1"=20' scale
v Stream Plan and Profile 3 sheets at 1"=20' scale
Stream, Culvert, and Bridge Details 2 sheets
11 total sheets
• 30% cost estimate
• Drainage report
• Schematics for public meeting
Assumptions
The following assumptions apply to this task:
• A temporary bypass road will be established on an easement leased from private property owners.
Coordination will be conducted by the City with assistance from Parametrix. Execution of an easement
agreement will be performed by the City.
• No underground sanitary sewer or water utilities will be moved or replaced at any of the crossings. Two
existing water mains at the Kitsap Way crossing will be preserved and supported in place during
construction. A second approach for the water mains may be to remove them temporarily and replace
them as part of construction. This approach may involve a temporary bypass for the water. Alternatively,
the mains may be able to be temporarily taken out of service during construction. The preferred approach
will be determined during conceptual design.
• The Parametrix PM will attend a 30% design review meeting and public meeting in person.
• Potholing to determine existing pavement thicknesses and/or locations of existing underground utilities
will be performed using City crews and equipment with observation provided by Parametrix.
• Cost estimates will be based on a combination of historical information on recent similar local projects,
recent WSDOT bid tabs, and a more detailed analysis for the major components.
• Up to three schematics will be provided in 22 -by -34 -inch format.
City of Bremerton 18.E6_8AH
Ostrich Creek Culvert Replacements A-4 October 2018
Scope of Work
SCOPE OF WORK (continued)
TASK 4 — FINAL DESIGN (60%, 90%, AND BID SET PS&E)
Objective
Prepare 60%, 90%, and Bid Set plans, specifications, and cost estimates (PS&E) for the new stream crossings.
Activities
The following activities will be performed:
• Prepare 60%, 90%, and final construction plans for the stream crossings.
• Prepare a cost estimate at each deliverable stage.
• Prepare special provisions at each deliverable stage.
• Prepare contract documents for the 90% and Bid Set deliverables packages.
Deliverables
Deliverables associated with this task are provided below:
• The
proposed plan sheets to be delivered for this task are
Cover with Vicinity Map and Sheet Index
Legend and Abbreviations
>
Survey Control
>
Site Preparation, Demolition, and TESC
TESC and Demolition Details
Temporary Bypass Road Plan and Details
p
Water Main Support Plan and Details
Roadway Plan and Profile
v
Stream Plan and Profile
•
Wingwall Plan and Profile
•
Stream and Culvert Details
A
Pedestrian Bridge Details
•
Channelization Plan Kitsap Way
Landscape Plan and Planting Schedules
>
Typical Planting Notes and Details
Temporary Traffic Control Plan
• 60%, 90%, and Bid Set cost estimates
• 60 %, 90%, and Bid Set contract documents
1 sheet
1 sheet
2 sheets
2 sheets plan/plan at 1"=20' scale
1 sheet
1 sheet at 1"=20' scale
1 sheets at 1"= 20'scale
3 sheets at 1"=20' scale
3 sheets at 1"=20' scale
1 sheet
3 sheets
1 sheet
1 sheet
4 sheets at 1"=20' scale
1 sheet
4 sheets
30 total sheets
City of Bremerton 233-1896-8AH
Ostrich Creek Culvert Replacements A-5 October 2018
Scope of Work
SCOPE OF WORK (continued)
• One hard copy and one PDF set of all plans (11 -by -17 -inch), special provisions, and cost estimates at each
design stage.
• AutoCAD and PDF files of all drawings and documents
• Two hard copies of bid set plans on full-sized sheets (sealed by Washington P.E.), special provisions, and
contract documents
• Schematics for public meeting
The following assumptions apply to this task:
• The pedestrian bridge and three -sided concrete box culverts will be pre-engineered and prefabricated.
Structural design and calculations for these items will be provided by the material vendors.
• Parametrix will provide structural design and calculations for the pedestrian bridge abutments.
• The selected approach far the water mains will be to support them in place during construction. If a remove
and replace option is selected, the level of effort to develop the design is similar and the budget will not be
adjusted. This also assumes that the remove and replace option can be accomplished using one plan sheet.
• The Parametrix PM will attend design review meetings in person,
• Special provisions and all drawings will follow WSDOT format.
• The City will provide the legal documents section of the contract documents in Microsoft Word format.
• Up to three schematics will be provided in 22 -by -34 -inch format.
Parametrix will perform a field survey and prepare a topographic base map suitable for design purposes.
The following activities are associated with this task:
• Establish horizontal control (NAD 83/91). Set and measure horizontal control necessary for the mapping.
• Establish vertical control. It is anticipated that project will be oriented to the vertical datum of NGVD29.
• Complete topographic mapping and survey underground utilities within the portion shown on attached
Figure 1. Utility mapping will include the routing of overhead utilities. Topography shall be surveyed using
methods that will produce a 1 -foot contour interval base map. The mapping will include, but will not be
limited to the following above ground features
Stream thalweg, bottom of bank, top of bank, and top of floodplain. It is anticipated that survey will
extend approximately 50 feet on each side of the stream channel.
y Curb and gutter including existing curb cuts, curb ramps, and driveways
Sidewalks and paths
City of Bremerton 233 1896 8A i
Qstric; Creek Culvert Replaeeme rits A-& Gctober 2018
Scope of work
SCOPE OF WORK (continued)
Rockeries and walls
Steps/stairs
s� Existing structures and buildings
Pavement edges
y Ditches
Fences
Driveways and ramps
> Luminaires
Landscaping
Water meters, valves, hydrants, and irrigation control valves
Distance to top actuator nut of water valves
Electrical transformers, vaults, poles, and hand -holes
Telecommunication risers, vaults, poles, junction boxes, and hand -holes
v Gas valves and meters
Storm drain manhole lids with pipe sizes, shape, invert elevations, and material composition
> Catch basin rims with pipe sizes, invert elevations, and material composition
Sanitary sewer manhole lids with pipe sizes, invert elevations, and material composition
Culverts with associated pipe sizes, invert elevations, and material composition
Grade breaks, localized depressions, ditches, ridges, and other surface grades
A Street signs
Street trees over 8 -inch caliper with size, type, and drip line noted
Channelization
Subsurface utility paint marks delineated by a professional utility location service.
• Survey and calculate all right-of-ways and parcel lines lying within and adjacent to the mapping limits.
• Compile mapping and boundary information into a 1 -inch -equals -20 -feet scale base map in AutoCAD, Civil
3D Version 2018.
Deliverables
The following deliverables are associated with this task:
• Base map at 1 -inch -equals -20 -feet scale in AutoCAD, Version 2018 in electronic format for each survey
area
City of Bremerton 233 -1896 -SAH
Ostrich Creek Culvert Replacements t..'1 October 2018
Scope of Work
SCOPE OF WORK (continued)
The following assumptions apply to this task:
• Topographic survey and design will be provided in AutoCAD 2018 and Civil 3D.
• The City will obtain rights of entry for survey on private property.
• A base map will be developed using Parametrix' colors, text size/style, and layering conventions.
• GIS parcel line information will be sufficient for the purposes of delineating lateral ownership boundaries
with exception to properties lying within and directly adjacent to the topographic mapping limits.
• Surveyed utilities will target known underground utilities identified by the Washington Utility Notification
Center including water, storm sewer, sanitary sewer, communications, and power. A private underground
utility locate firm will also be hired by Parametrix to locate existing utilities.
TASK 6 - SUBCONSULTANTS
Objective
Parametrix will procure subconsultants to provide stream engineering, geotechnical engineering, and
environmental permitting services. Subconsultant detailed SOWs and budget proposals are attached to this SOW.
The following activities will be performed:
• NHC will characterize the Ostrich Creek system through field data collection, engineering and scientific
analyses, and hydraulic numerical modeling. This work will then be used to develop project design
components for construction.
• S&W will provide geotechnical design services including recommendations to support culvert and bridge
design.
• Struck Environmental will perform the following
Characterize and evaluate existing environmental conditions at each site.
Prepare environmental documentation consisting of a habitat management plan for work within the
critical area buffer, and a biological evaluation per U.S. Army Corps of Engineers (USACE)
requirements.
> Prepare conceptual mitigation plans that compensate for unavoidable project impacts.
> Prepare permit applications consisting of JARPA (HPA and USACE Nationwide Permit) and SEPA
review.
Coordinate and facilitate the permit application and review process.
City of Brrmerton 733 1,896 8A 1
Ostrich Creek Culvert Replacements A-8 October 2098
Scope of W -),k
SCOPE OF WORK (continued)
Df -h ei or.iie>
The following deliverables are associated with this task:
• NHC will provide a basis -of -design report summarizing the results of the geomorphic studies, hydraulic
modeling, and scour assessment. The report will also provide design recommendations including culvert
width, woody debris placement, and streambed material gradation.
• S&W will provide draft and final geotechnical reports.
• Struck Environmental will provide environmental documentation (critical areas summary, habitat
management plan, wetland delineation report, abbreviated biological evaluation) and completed permit
applications (SEPA and JARPA).
AS -,,un ,'tions
The following assumptions apply to this task:
• The City will provide rights of entry for NHC field staff.
• Parametrix will incorporate NHC-provided design elements into construction documents.
• Parametrix will provide figures to support Struck Environmental permit applications. Budget for this
support is included in Task 3 above.
• A cultural resources assessment will be performed using Management Reserve budget.
• S&W will drill a total of four deep soil borings (each 35 to 45 feet deep). Drilling locations will be at select
locations along the road shoulder at each stream crossing. Since work will be on the road shoulder, traffic
control will consist of signage only and flaggers will not be required. Signs will be provided by the City.
TASK 7 - MANAGEMENT RESERVE
Ohective
Work under this task will provide additional technical services as requested and authorized in writing by the City.
City of Bremerton 233-1896-8AH
Ostrich Creek Culvert Replacements A-9 October 2018
Scope of Work
@arametrix
ENGINEERING PLANNING. ENVIRONMENTAL SCIENCES
Exhibit B -Schedule
Work Element Completed By
Notice to Proceed
Nov 1, 2018
Survey (6 weeks)
Dec 15, 2018
Conceptual Design (Incl. 2 stakeholder Meetings)
Feb 15, 2019
30% Design (s)
April 15, 2019
Public Meeting
April 20, 2019
60% PS&E (8 weeks)
June 30, 2019
90% PS&E (8 weeks)
September 15, 2019
Public Meeting
September 20, 2019
Permits Received
December 15, 2019
Bid Set PS&E (6 weeks)
December 31, 2019
Bidding
February 28, 2020
Construction
August 31, 2020
Project Closeout
October 31, 2020
NOTE: The assumed turnaround time for City review of deliverables is 1 week.
City of Bremerton 233-1896-8AH
Ostrich Creek Culvert Replacements A-10 October 2018
Scope of Work
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'` & CERTIFICATE OF LIABILITY INSURANCE
DATE (MMI DfY )
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Dealey, Renton & Associates
CT
e Alison Olsen __.__ — --
P. O. Box 12675
T FAX
PHONE EzIY 510 A65 309D i No): 510_452-2193
Oakland, CA 94604-2675
.{Art
E-MAIL
ADDRESS;lnsurance-.CertificatesFFp?eale Li nton.com
License #0020739
( -_NAIC
INSURER!$IAORDINGCOVERAt;,E !{
INSURER A; National Fire Insurance Co of Hartford ( 20478
INSURED PARAMETRI
Parametrix, Inc.
INSURERBTValley Forge Insurance Compan 20508
- - -
1019 39th Ave- SE Suite 100
INSURER C: Continental Insurance Comoanv 35289
Puyallup, WA 98374
INSURER D,-:, American Casualty Company of Reading PA 20427
(253) 604-6600
INSURER E; XL Soecicia_lty Insurance Co. 378.85
MED EXP (Any one person) $ 10,000 _
y
INSURER F :
%, UVtKAGtS CERTIFICATE NUMBER* 17VAnnsi97 12117-VIRInM MI IIMRFR•
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.
. .
_.._... ..__ __ _
'NSR; - -- AOOLSUBR' _ ------'-3 _. _-
LTR TYPE OF INSURANCE POLICY EFF POLICY EXP
POLICY NuIu�q ( MMrDD/Y I H!!+OD LIMITS
A
X ; COMMERCIAL GENERAL LIABILITY
Y
Y
l 6050531366
]
11/111018 1111/2019
EACH OCCURRENCE 5 $ 1.000.000
CLAIMS -MADE OCCUR
i.SAMAGEYO-RENTED--"--
--- .cif
PREMISES(Ea oocurrencej 1 $ 1=0.000
X WA Stop GaplEL
MED EXP (Any one person) $ 10,000 _
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PERSONAL &ADV INJURY i $ 1.008�Or�B
GEN'L AGGREGATE LIMIT APPLIES PER:
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GENERAL AGGREGATE 1 $ 2.00
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PRODUCTS-COMP/OPAGG $2.00lT.(IW
1 OTHER:
i WA Stop (3ap $ 1,000,000
B
AUTOMOBILE
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LIABILITY
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Y 16051511312 11/1/2018 11H72019
COMBINED SINGLE LIMIT
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$1,000,000
X
ANY AUTO
.tom
BODILY INJURY (Per person)
$
OWNED ' SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
$
_
X
HIRED X NON -OWNED
r-_ PFIpERTYD't1MAGE
-
AUTOS ONLY _- AUTOS ONLY
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; Lear accident)
$
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C X UMBRELLALIAB X OCCUR
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6050531433 11!1/2018 11/1/2019
EACHOCCURRENCE
$_10.000.00fl
EXCESS LIAR i
CLAIMS -MADE'
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AGGREGATE
f
S 10,000,000
DEIRETENTION $
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D WORKERS COMPENSATION (
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Y
6050531383
11/112018 11/1/2019
!PER OTH-
D AND EMPLOYERS' LIABILITY Y / N
6050531402
1111!2018 11/1/2019
)STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE ❑
OFFICER/MEMBER EXCLUDED?
NIA
IX
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E.L. EACH ACCIDENT _�
$1000, 0✓p0
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(Mandatory in NH)
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$ 1 000,000
I If es, describe under
DESCRIPTION OF OPERATIONS below
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E.L. DISEASE -,POLICY LIMIT
---- ------ ---- - -
$ 1.000,000
E I Professional Liability
I Claims Made
]
DPR9932956
1111/2018
11!1/2019 I $1,0o0;Q00 .
$1,000,OOd
per Claim
Pollution Liability Included
I
; Retroactive Date:
Annual Aggregate
01/01/1969
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required)
Umbrella Liability policy is a follow -form to underlying General Liability/Auto Liability/Employers Liability.
Project Name/Number: Ostrich Creek Culvert Replacementt#233-1896.8A1 / Client Project #869 -- City of Bremerton is named AdditiTpHnsured
as as respects
General and Auto Liability as required per wfitten contract or agreement. General Liability insurance is Primarylfdon-Contributory per policy form wording.
Insurance
coverage includes Waiver ofSubrogation per the attached.
City of Bremerton
Attn: Katie Ketterer
345 6th St, Suite 100
Bremerton WA 98310
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
DRRETPRESENNTJATII SVE
V '1985-ZU15 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
CNA CNA PARAMOUNT
Waiver of Transfer of Rights of Recovery Against
Others to the Insurer Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer
is amended by the addition of the following:
Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery
the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage
arising out of the Named Insured's ongoing operations or your work done under a contract with that person or
organization and included in the products -completed operations hazard.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA75008XX (1-15)
Page 1 of 1
Policy No: 6050531366
Endorsement No: 7
Nat'l Fire Ins Co of Hartford
Insured Name: PARAMETRIX, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
SCHEDULE
Name Of Person Or Organization:
ANY PERSON OR ORGANIZATION WHOM THE
CONTRACT OR AGREEMENT TO WAIVE SUCH
CONTRACT OR AGREEMENT:
NAMED INSURED HAS AGREED IN WRITING IN A
RIGHTS OF RECOVERY, BUT ONLY IF SUCH
1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND
2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND
ADVERTISING INJURY GIVING RISE TO THE CLAIM.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer
is amended by the addition of the following:
Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery
the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage
arising out of the Named Insured's ongoing operations or your work done under a contract with that person or
organization and included in the products -completed operations hazard.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA75008XX (1-15)
Page 1 of 1
Policy No: 6050531366
Endorsement No: 7
Nat'l Fire Ins Co of Hartford
Insured Name: PARAMETRIX, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Comple%d
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
1. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named
Insured is required by written contract to add as an additional insured on this coverage part, including any such
person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such
person or organization is an Insured only with respect to such person or organization's liability for:
A. unless paragraph B. below applies,
1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts
or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's
ongoing operations as specified in such written contract; or
2. bodily injury or property damage caused in whole or in part by your work and included in the products -
completed operations hazard, and only if
a. the written contract requires the Named Insured to provide the additional insured such coverage; and
b, this coverage part provides such coverage.
B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such
written contract, but only if:
1. this coverage part provides coverage for bodily injury or property damage included within the products
completed operations hazard; and
2. the written contract specifically requires the Named Insured to provide additional insured coverage under
the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037.
IL Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide
such additional insured with:
A. coverage broader than required by the written contract; or
B. a higher limit of insurance than required by the written contract.
III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services,
including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or
B. any premises or work for which the additional insured is specifically listed as an additional insured on another
endorsement attached to this coverage part.
IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS,
the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional
insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written
GNA75019XX (1-15) Policy No: 6050531366
Page 1 of 2 Endorsement No: 5
Nat'l Fire Ins Co of Hartford
Insured Name: PARAMETRIX, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to
insurance on which the additional insured is a named insured.
V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition
of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the
additional insured has for any loss covered under this coverage part;
3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the
investigation, defense, or settlement of the claim; and
4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program
applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires
this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which
the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer
receives written notice of a claim from the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to
add the following definition:
Written contract means a written contract or written agreement that requires the Named Insured to make a person
or organization an additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and
B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury
for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA75079XX (1-15)
Page 2 of 2
Nat'l Fire Ins Co of Hartford
Insured Name: PAR-AMETRIX, INC.
Copyright CNA All Rights Reserved.
Policy No: 6050531366
Endorsement No: 5
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA
CNA63359XX
(Ed. 04/12)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS EXTENDED COVERAGE ENDORSEMENT
- BUSINESS AUTO PLUS -
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILITY COVERAGE
A. Who Is An Insured
The following is added to Section 11, Paragraph
A.1., Who Is An Insured:
1. a. Any incorporated entity of which the
Named Insured owns a majority of the
voting stock on the date of inception of
this Coverage Form; provided that,
b. The insurance afforded by this provision
A.1. does not apply to any such entity
that is an "insured" under any other
liability "policy" providing "auto" coverage.
2. Any organization you newly acquire or form,
other than a limited liability company,
partnership or joint venture, and over which
you maintain majority ownership interest.
The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation
date, and is afforded only until the end of
the policy period of this Coverage Form,
or the next anniversary of its inception
date, whichever is earlier.
b. Does not apply to:
M (1) "Bodily injury" or "property damage"
caused by an "accident" that
occurred before you acquired or
formed the organization; or
(2) Any such organization that is an
"insured" under any other liability
"policy" providing "auto" coverage.
3. Any person or organization that you are
required by a written contract to name as an
additional insured is an "insured" but only with
respect to their legal liability for acts or
s omissions of a person, who qualifies as an
"insured" under Section II — Who Is An
Insured and for whom Liability Coverage is
afforded under this policy. If required by
written contract, this insurance will be primary
and non-contributory to insurance on which
the additional insured is a Named Insured.
4. 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.
"Policy," as used in this provision A. Who Is An
Insured, includes those policies that were in force
on the inception date of this Coverage Form but:
1. Which are no longer in force; or
2. Whose limits have been exhausted.
B. Bail Bonds and Loss of Earnings
Section II, Paragraphs A.2. (2) and A.2. (4) are
revised as follows:
1. In a.(2), the limit for the cost of bail bonds is
changed from $2,000 to $5,000; and
2. In a.(4), the limit for the loss of earnings is
changed from $250 to $500 a day.
C. Fellow Employee
Section II, Paragraph B.5 does not apply.
Such coverage as is afforded by this provision C.
is excess over any other collectible insurance.
11. PHYSICAL DAMAGE COVERAGE
A. Glass Breakage — Hitting A Bird Or Animal —
Falling Objects Or Missiles
The following is added to Section 111, Paragraph
A.3..
With respect to any covered "auto," any deductible
shown in the Declarations will not apply to glass
breakage if such glass is repaired, in a manner
acceptable to us, rather than replaced.
B. Transportation Expenses
Section III, Paragraph AA.a. is revised, with
respect to transportation expense incurred by you,
to provide:
a. $60 per day, in lieu of $20; subject to
b. $1,800 maximum, in lieu of $600.
C. Loss of Use Expenses
Section III, Paragraph AA.b. is revised, with
respect to loss of use expenses incurred by you,
to provide:
a. $1,000 maximum, in lieu of $600.
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D. Hired "Autos"
The following is added to Section III. Paragraph
A.:
5. Hired "Autos"
If Physical Damage coverage is provided under
this policy, and such coverage does not extend to
Hired Autos, then Physical Damage coverage is
extended to:
a. Any covered "auto" you lease, hire, rent
or borrow without a driver; and
b. Any covered "auto" hired or rented by
your "employee" without a driver, under a
contract in that individual "employee's"
name, with your permission, while
performing duties related to the conduct
of your business,
c. The most we will pay for any one
"accident" or "loss" is the actual cash
value, cost of repair, cost of replacement
or $75,000, whichever is less, minus a
$500 deductible for each covered auto.
No deductible applies to "loss" caused by
fire or lightning.
d. The physical damage coverage as is
provided by this provision is equal to the
physical damage coverage(s) provided on
your owned "autos."
e. Such physical damage coverage for hired
"autos" will:
(1) Include loss of use, provided it is the
consequence of an "accident" for
which the Named Insured is legally
liable, and as a result of which a
monetary loss is sustained by the
leasing or rental concern.
(2) Such coverage as is provided by this
provision will be subject to a limit of
$750 per "accident."
E. Airbag Coverage
The following is added to Section Ill, Paragraph
B.3.:
The accidental discharge of an airbag shall not be
considered mechanical breakdown.
F. Electronic Equipment
Section III, Paragraphs B.4.c and B.4.d. are
deleted and replaced by the following:
c. Physical Damage Coverage on a covered
"auto" also applies to "loss" to any
permanently installed electronic equipment
including its antennas and other accessories.
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d. A $100 per occurrence deductible applies to
the coverage provided by this provision.
G. Diminution In Value
The following is added to Section III, Paragraph
B.6.:
Subject to the following, the "diminution in value"
exclusion does not apply to:
a. Any covered "auto" of the private
passenger type you lease, hire, rent or
borrow, without a driver for a period of 30
days or less, while performing duties
related to the conduct of your business;
and
b. Any covered "auto" of the private
passenger type hired or rented by your
"employee" without a driver for a period of
30 days or less, under a contract in that
individual "employee's" name, with your
permission, while performing duties
related to the conduct of your business.
c. Such coverage as is provided by this
provision is limited to a "diminution in
value" loss arising directly out of
accidental damage and not as a result of
the failure to make repairs; faulty or
incomplete maintenance or repairs; or the
installation of substandard parts.
d. The most we will pay for 'loss" to a
covered "auto" in any one accident is the
lesser of. -
(1)
f:
(1) $5,000; or
(2) 20% of the "auto's" actual cash value
(ACV).
Ill. Drive Other Car Coverage — Executive Officers
The following is added to Sections II and III:
1. Any "auto" you don't own, hire or borrow is a
covered "auto" for Liability Coverage while being
used by, and for Physical Damage Coverage
while in the care, custody or control of, any of your
"executive officers," except:
a. An "auto" owned by that "executive officer" or
a member of that person's household; or
b. An "auto" used by that "executive officer"
while working in a business of selling,
servicing, repairing or parking "autos."
Such Liability and/or Physical Damage Coverage
as is afforded by this provision.
(1) Equal to the greatest of those coverages
afforded any covered "auto"; and
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(2) Excess over any other collectible
insurance.
2. For purposes of this provision, "executive officer'
means a person holding any of the officer
positions created by your charter, constitution, by-
laws or any other similar governing document,
and, while a resident of the same household,
includes that person's spouse.
Such "executive officers" are "insureds" while
using a covered "auto" described in this provision.
IV. BUSINESS AUTO CONDITIONS
A. Duties In The Event Of Accident, Claim, Suit Or
Loss
The following is added to Section IV, Paragraph
A.2.a..
(4) Your "employees" may know of an
"accident" or "loss." This will not mean
that you have such knowledge, unless
such "accident" or "loss" is known to you
or if you are not an individual, to any of
your executive officers or partners or your
insurance manager.
The following is added to Section IV, Paragraph
A.2.b.:
(6) Your "employees" may know of
documents received concerning a claim
or "suit." This will not mean that you have
such knowledge, unless receipt of such
documents is known to you or if you are
not an individual, to any of your executive
officers or partners or your insurance
manager.
B. Transfer Of Rights Of Recovery Against Others
To Us
The following is added to Section IV, Paragraph
A.5. Transfer Of Rights Of Recovery Against
Others To Us:
We waive any right of recovery we may have,
because of payments we make for injury or
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damage, against any person or organization for
whom or which you are required by written
contract or agreement to obtain this waiver from
us.
This injury or damage must arise out of your
activities under a contract with that person or
organization.
You must agree to that requirement prior to an
"accident" or "loss."
C. Concealment, Misrepresentation or Fraud
The following is added to Section IV, Paragraph
B.2.:
Your failure to disclose all hazards existing on the date
of inception of this Coverage Form shall not prejudice
you with respect to the coverage afforded provided
such failure or omission is not intentional.
D. Other Insurance
The following is added to Section IV, Paragraph
B.5.:
Regardless of the provisions of Paragraphs 5.a.
and 5.d. above, the coverage provided by this
policy shall be on a primary non-contributory
basis. This provision is applicable only when
required by a written contract. That written
contract must have been entered into prior to
"Accident" or "Loss."
E. Policy Period, Coverage Territory
Section IV, Paragraph B. 7.(5).(a). is revised to
provide:
a. 45 days of coverage in lieu of 30 days.
V. DEFINITIONS
Section V. Paragraph C. is deleted and replaced by
the following.-
"Bodily
ollowing:"Bodily injury" means bodily injury, sickness or disease
sustained by a person, including mental anguish,
mental injury or death resulting from any of these.
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CNAPolicy
Workers Compensation And Employers Liability Insurance
Endorsement
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover
from under a written contract or agreement.
The premium charge for the endorsement is reflected in the Schedule of Operations.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another
effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy
unless another expiration date is shown below.
Form No: WC 00 03 13 (04-1984) Policy No: 6 50531402
Endorsement No: 3; Page: 1 of 1
Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave,
Chicago, IL 60604
Copyright 1983 National Council on Compensation Insurance.