Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
5910 PSA
AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6K SUBJECT: Professional Services Agreement with Herrera, Inc. for the Design of the Pine Road Sub -Basin Stormwater Improvements Project Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: Januar 9, 2019 Januaa_16 2019 m Public Works & Utilities kat i e K etterer X360)473-5334 SUMMARY: Staff advertised a Request for Statement of Qualifications, and based on an evaluation of the qualifications received staff has determined Herrera is the most qualified to provide the design for the Pine Road Sub -Basin Stormwater Improvements project. Herrera will provide permits, plans, specifications and estimates for the Pine Road Basin Stormwater Improvements which includes the Robin Avenue storm drain capacity improvements, Stephenson Creek inlet improvements, and Pine Road storm interceptor outfall reconstruction. A scope of work was submitted and the contract was negotiated in the amount of $419,920. ATTACHMENTS: 1, Professional Services Agreement with Herrera, Inc. 2. Vicinity map FISCAL IMPACTS (Include Budgeted Amount): The Pine Road Sub -Basin Stormwater Improvements Project is funded by a Public Works Trust Fund Loan ($3,881,330) to the Stormwater Fund, and is in the 2019 budget. STUDY SESSION AGENDA: N Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Herrera Inc. for design of the Pine Road Sub -Basin Stormwater Improvements in the amount of $419,920.00; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: TVApprove Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action DocuSign Envelope ID: 41C6C4BD-31FF-4C9D-8AA8-9DF4BC33B0F6 8/4/2020 8/4/2020 DocuSign Envelope ID: 41C6C4BD-31FF-4C9D-8AA8-9DF4BC33B0F6 DocuSign Envelope ID: 41C6C4BD-31FF-4C9D-8AA8-9DF4BC33B0F6 Vice President Theresa M. Wood 8/5/2020 8/6/2020 DocuSign Envelope ID: 41C6C4BD-31FF-4C9D-8AA8-9DF4BC33B0F6 DocuSign Envelope ID: 41C6C4BD-31FF-4C9D-8AA8-9DF4BC33B0F6 DocuSign Envelope ID: 41C6C4BD-31FF-4C9D-8AA8-9DF4BC33B0F6 DocuSign Envelope ID: 41C6C4BD-31FF-4C9D-8AA8-9DF4BC33B0F6 DocuSign Envelope ID: 41C6C4BD-31FF-4C9D-8AA8-9DF4BC33B0F6 PROFESSIONAL SERVICES AGREEMENT Pine Road Sub -Basin Stormwater Improvements - 870 The City of Bremerton ("City") and Herrera Environmental Consulants ("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 December 20, 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. H. 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 IKA 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 $419,920.00. 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. Page 1 of 7 Bremerton/Herrera Environmental Consultants Pine Road Sub -Basin Stormwater Improvements Rev. 07/2018 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 Em sneers and Ani Other__ Professional Listed w In and Performing Services Defined in RCW 4.24 11,5. 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, SOLELY Page 2 of 7 Bremerton/Herrera Environmental Consultants Pine Road Sub -Basin Stormwater Improvements Rev. 07/2018 FOR THE 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„Insuracice evidencing: 1. Automobile LiaN!jtj 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 Liabilitw insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liabilil insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. 'W'orkers Gom onsation 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/Herrera Environmental Consultants Pine Road Sub -Basin Stormwater Improvements 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 6t' 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. VII. General Conditions: A. Reports and Information: 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. Ownership and Use 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 Seattle, 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 Photog al:hs and,Images., Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether Page 4 of 7 Bremerton/Herrera Environmental Consultants Pine Road Sub -Basin Stormwater Improvements Rev. 07/2018 prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed ITat 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 Seattle, 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 A ,reement: 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. Severability: 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 345 611 Street, Suite 100 Bremerton, WA 98337-1891 Notices to be sent to: CONSULTANT: 6L OCL &lam Herrera WWW Environmental Consultants Denny Building, 2200 60' Ave #1100 Seattle, WA 98121 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 Page 5 of 7 Bremerton/Herrera Environmental Consultants Pine Road Sub -Basin Stormwater Improvements Rev. 07/2018 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. L. Comnliance with Laws: Consultant shall comply with all applicable Federal, l l State, and locaaws 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. A;ttornvs' Fees; In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assi, ,pzngjg 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. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant ITbe charged with liquidated damages for any delays in the completion of the work due 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 thef 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, Page 6 of 7 Bremerton/Herrera Environmental Consultants Pine Road Sub -Basin Stormwater Improvements Rev. 07/2018 B. Rihts l.i on 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 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: CONSULTANT: CITY OF BREMERTON Herrera Environmental Consultants APPROVED AS TO FORM: Ra er A, 1 ubovrvry . By:— �, g ich, merton City ttorney By�::m Print Name::"r Its: rs"2Q>l Date: 1 'x-o►� ATTEST: By. Angela Woo , City Clerk R1LegaRLega1lFcmns\FORMS ON COBWEMPmfussiona! Scrviccs Ag=mcnt Rev 47 2018.doex Page 7 of 7 Bremerton/Herrera Environmental Consultants Pine Road Sub -Basin Stormwater Improvements Rev. 07/2018 HERRERA f 111=111TA1161: Mal PC= On September 26, 2018, the City of Bremerton (City) authorized Herrera Environmental Consultants (Herrera) to prepare a scope of work and cost estimate to complete the preliminary design, permitting, and final design of the Pine Road Basin Stormwater Improvements Project, which includes the Robin Avenue storm drain capacity improvements, Stephenson Creek inlet improvements, and Pine Road storm interceptor outfall reconstruction. The project Schedule and Budget are provided separately as Exhibits B and C respectively. This scope of work includes a discussion of the activities, assumptions, deliverables, and a schedule associated with this project: All deliverables are assumed to be electronic files unless noted otherwise below. ■ Task 1.0 — Project Management., ....... .............................. I ...................................... ............... . ..... 2 • Task 2.0— Cultural Resources Review..............................................................................................2 • Task 3.0 — Public Involvement Strategy and Support ..........................................................;......5 • Task 4.0 — Critical Areas Assessment................................................................................................5 • Task 5.0 — Survey......................................................................................................................................7 • Task 6.0 — Geotechnical Assessment................................................................................................9 • Task 7.0 — Preliminary Design................:..........:.......W..........................;......................................10 • Task 8.0 — Permitting Coordination... .......................................................... . .............. .......... — ... 11 • Task 9.0 — Permitting Documents...................................................................................................13 • Task 10.0 —Final Design.......................................................................................................................15 • Task 11.0 —Support During Bidding................................................................................................21 (6 HERRERA mF B70!'iaa�-C3r.,fiScae December 20, 2018 Page 1 of 21 TASK 1.0 — PROJECT MANAGEMENT Herrera's project manager, Matt Fontaine, will be responsible for ongoing administration of the project, including preparing invoices and progress reports, as well as coordination of work efforts with the designated client point of contact (Katie Ketterer) and all subconsultants. Herrera's project manager will have phone and e-mail contact with the City of Bremerton and subconsultants on an as -needed basis. Assumptions + Approximately biweekly project management calls with the City of 30 minutes in duration (approximately 30 meetings assumed). • Approximately biweekly project management calls with the project subconsultants (approximately 30 meetings assumed) will be conducted as part of work on technical tasks. 18 month duration of active project work, not including time when the project is on hold during permit review. Deliverables • Monthly progress reports and invoices. • Emails with notes from calls and meetings, TASK 2.0 — CULTURAL RESOURCES REVIEW Consultant will work in concert with the City in the already defined area of potential effects (APE) for the proposed Project as required for Section 106 compliance. This APE may include proposed access roads, proposed areas of ground disturbance around existing or proposed buried stormwater facilities and shoreline disturbance around Pine Road Outfall. City has prepared and filed the EZ -1 form with the Department of Archaeology and Historic Preservation (DAHP). Consultant will coordinate with and support the City in its efforts to reach out to the Native American community, including but not limited to the Suquamish Tribe as appropriate regarding our proposed work effort. It is anticipated that Native American involvement will be ongoing through the project. Consultant will also support consultations with the US Army Corps of Engineers (USACE) and State Historic Preservation Officer (SHPO) as necessary. Consultant will coordinate with the City to inform the Suquamish Tribe of proposed field dates and facilitate site visits by their cultural monitor. rnf mpiP a-r�afSrope -HERRERA Deceinber 20, 2018 Page 2 of 21 Background Research and Logistics Consultant will review available background information prior to completing the cultural resources field investigations described below. Background information could include including relevant project files, DAHP records including site forms and previous cultural resource reports within approximately one mile of the Project APE, historic topographic maps, and other historical sources. Consultant will also preload existing survey area data onto a GPS unit with sub -meter accuracy to facilitate the archaeological field investigations. Archaeological Field Investigations The archaeological field investigations will include a combination of pedestrian reconnaissance and subsurface testing involving shovel and/or auger probe sampling. Pedestrian Survey A Consultant archaeologist, who meets the Secretary of the Interior's standards for archaeology will lead the survey of the entire Project APE. During this survey, the crew will walk systematically spaced transects (typically 30 feet wide) within the APE. Photographs will be taken of the survey area and any identified cultural resources. A Trimble GPS or similar receiver capable of sub- meter accuracy will be utilized to record all field mapping data, including overview photograph locations, site boundaries or subsurface testing locations. Identified cultural resources will be photographed and documented on standard recording forms. Surface -visible artifacts will be recorded and photographed, but not collected. Subsurface Testing Shovel or auger tests may be excavated at SHPO-approved intervals where ground disturbing activities are proposed. Consultant assumes limited subsurface testing will be required along the proposed Robin Ave pipe relocation corridor and that most of the subsurface testing will focus on the proposed locations of ground disturbing activities within the APE, including around the Stephenson Inlet and Pine Road Outfall. Sloped and wet areas will be visually inspected but not tested. Shovel tests will measure no less than 16 inches in diameter and the soil excavated from all shovel and auger tests will be passed through 1/4 -inch mesh screen. If archaeological materials are identified within a shovel test, the excavation of radial shovel tests (1/2 the distance between positive and negative shovel or auger tests) will be necessary to determine site boundaries. For any archaeological resources identified during the survey, photographs will be taken, and field maps will be prepared. Archaeological sites identified will be recorded on standard forms and entered into the Washington Information System for Architectural and Archaeological Records Data (WISAARD) system accompanied by a topographic map showing the site location, a site map showing the location of subsurface tests and/or surface resources, and an artifact inventory. Report Preparation Upon completion of the survey, Consultant will provide the City with a cultural resources assessment report for the Project documenting the results of the background research and field .1d 870pil,p-D'aft HERRERA December 20, 2018 Page 3 of 21 investigations. The archaeological report will include a description of the archaeological survey and the results and will include appropriate maps, photographs, and artifact inventories and site forms as necessary. If cultural resources are identified within the APE, Consultant will coordinate with the City for preparation of National Register of Historic Places (NRHP) eligibility recommendation and a statement of effect for each of these resources. These recommendations will be included in the cultural resources' assessment report. Exclusions • Preparation of National Register of Historic Places (NRHP) eligibility • Laboratory investigation, unless there is an artifact found Assumptions • The City will submit an updated EZ -1 form with APE prior to DAHP prior to notice to proceed. • Consultant assumes no more than one day for pedestrian survey and subsurface testing with a crew of up to three archaeologists. • Consultant assumes that no archaeological resource will be identified during the archaeological investigations. • The City and Herrera will be notified immediately upon discovery of any artifacts. • Artifacts generated during the archaeological survey will be processed by sperate agreement. • Up to four phone meetings and one in-person meeting with the City, USACE, and/or SHPO will be conducted as necessary. • This proposal does not include contextual development, Consultant assumes that existing context statements can be used to prepare NRHP eligibility recommendations for any cultural resources identified within the APE; • Consultant assumes no specialized analysis of recovered artifacts; and • Consultant assumes that one round of comments from the City and any external reviewers will be necessary prior to finalizing the report; Deliverables • Draft Word file copy of the technical report and site record drafts, if applicable • PDF Final copy of the technical report and site records, if applicable a f Vophge-DraFtl,coee December 20, 2018 6 HERRERA Page 4 of 21 TASK 3.0 — PUBLIC INVOLVEMENT STRATEGY AND SUPPORT One staff from the consultant team will attend and support two public meetings and prepare and plot a table map of the project area for one of the meetings. Assumptions • One consultant staff will attend and provide support at two meetings. Exclusions • Rendering or illustrations of project components. Deliverables • One plotted poster -sized table map showing project area. • Meeting attendance at two meetings TASK 4.0 — CRITICAL AREAS ASSESSMENT The project site is located along the Puget Sound nearshore environment (intertidal and shore zones) and Stephenson Creek, which are defined by the City as a fish and wildlife habitat conservation area (FWHCA); and wetlands along Stephenson Creek, all of which are regulated by the City as a critical area. In accordance with Bremerton Municipal Code (BMC) Chapter 20.14 and the Bremerton Shoreline Master Program, Herrera will prepare a Critical Areas Report that characterizes this FWHCA and wetlands within 200 feet of the project limits. The Critical Areas Report will support federal, state, and City permit applications. The report will include a habitat assessment that will identify documented presence of federally - and state -designated endangered, threatened, and sensitive species; and species of local importance that have a primary association with the FWHCA (e.g., fish, marine birds, and marine mammals). In addition, the habitat assessment will identify and characterize state priority habitats, habitats of local importance, forage fish spawning areas, and waters of the state. Herrera biologists will conduct a reconnaissance site visit to assess existing habitat conditions and ecological functions provided at the project site. The assessment will also present how the project supports WDFW management recommendations for identified priority habitats and species. During the site visit, Herrera biologists will assess existing habitat conditions and ecological functions provided at the project site, delineate wetlands, and delineate the ordinary high water rv�t 97CPi }2-Graf{Scrape 6 HERRERA ,8...�M,�...._..... ... �.,. .... .....�_W......_...._w�........_.....�_ �.�,.. �., December 2Q2D1, Page 5 of 21 mark (OHWM) of Stephenson Creek and the shoreline of Puget Sound. The delineation limits will be 200 feet from the project limits for streams and shoreline; and 300 feet from project limits for wetlands to determine if buffers associated with off-site wetlands will be affected by the project. Where property access is not provided, Herrera will estimate wetland conditions from the project limits, property with approved access, and other publicly accessible areas. The wetland determination and delineation will be conducted using the routine determination method outlined in the US Army Corps of Engineers (USAGE) Wetland Delineation Manual, and the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region. Delineated wetlands will be classified according to US Fish and Wildlife Service (USFWS) and hydrogeomorphic classification systems and typed in accordance with BMC 20.14 and the Washington Department of Ecology (Ecology) Washington State Wetland Rating System for Western Washington 2014 update. The functions of wetlands will be assessed using the Ecology rating system. The BMC will be used to identify the regulated buffer widths of the wetlands. Biologists will flag the boundaries of the wetlands and all test plots and the flag locations will be professionally surveyed (Task 5.0). The OHWM will be determined using the definition set forth in WAC 173-22- 030(l 1) and methodology published by the Washington State Department of Ecology (Anderson et al. 2016; publication number 16-06-029). This delineation will involve using sequentially numbered flags to identify the OHWM as evidenced by abrupt changes in topography, dominance of perennial vegetation, sediment deposits, drift lines, and signs of scouring. In high energy marine systems, where the action of waves is sufficient to prevent vegetation establishment below mean higher high tide, the OHWM is coincident with the line of vegetation. Where there is no vegetative cover for less than one hundred feet parallel to the shoreline, the OHWM is the average tidal elevation of the adjacent lines of vegetation. Where the OHWM cannot be found with this methodology, the OHWM is the elevation of the mean higher high tide. Biologists will flag the OHWM and the flag locations will be professionally surveyed (Task 5.0). Herrera will prepare a Critical Areas Report that summarizes the methods and results of the critical areas delineations and habitat assessment. In accordance with BMC 20.14 and the Bremerton Shoreline Master Program, the Critical Areas Report will present the classification of delineated critical areas and regulated buffer widths. The report will also present federal, state, and local regulatory implications that pertain to the project. Assumptions • Two Herrera biologists will conduct a site visit in one 12 -hour day, including travel. • The OHWM survey will occur during low tide. • Herrera will not conduct a forage fish spawn survey or eelgrass survey as part of this task. • The City will obtain right of entry to properties within 300 feet of the project limits. • Herrera will respond to one set of consolidated comments from the City, 'nf B7GPi ne-praft'SeoOre December 20, 2018 OJ HERRERA SCOPE OF W#" • The Final Critical Areas Report will be included in the Joint Aquatic Resources Permit Application (DARPA) application submitted to USACE and WDFW, and also included in City permit application packages. Deliverables • Draft Critical Areas Report • Final Critical Areas Report TASK 5.0 - SURVEY Stantec will provide design level survey for the project areas required for the team to address the chronic flooding in the Stephenson Creek drainage basin, rehabilitate two stormwater outfalls, and replace an unsafe inlet structure at the base of Stephenson Canyon. Stantec will collaborate with the City to incorporate survey information acquired into the City GIS system. Limits of ground topographic survey: • Robin Ave from 300' north of Dibb Street and South edge of ROW of Sheridan Road at full right-of-way approx. 1500LF); • Dibb Street from 200' West of Robin Ave to 200' East of Robin Ave; • Sheridan Road from 200' East of Robin Ave to approx. 200' West of Robin Ave, south to outfall at North side of Stephenson Canyon; • Outlet structure area (limited to 150' radius) into Stephenson Canyon from Sheridan road, including rubble and flagged wetlands, high-water delineation, and invasive vegetation • Southerly end of Stephenson Canyon within a 100' radius of the inlet structure just north of Reid Ave, including creek and any flagged delineations within radius • Pine Road Basin Outlet structure area (limited to 150' radius) at Sheridan Road and Lebo Road, including ordinary high water delineation Topographical Mapping The City will provide current base map survey and as -built survey files that exist including CAD basemap and Civi13D surface. StanTec shall conduct supplemental surveying to update and unify the existing base mapping conducted with available as - built surveys. Stantec will utilize GPS and ground survey methods to control and map project areas within the project limits. Mf 870Pine-DraftScope HERRERA December 20, 2018 Page 7 of 21 Control within project limits will be produced on NAD83/2011 Washington North Zone horizontal datum, and NAVD '88 vertical datum utilizing GPS and conventional ground methods. Control survey will also tie into WSDOT control in project vicinity. Utility locations - City will arrange for limited pot holing to determine actual depths of impacted utilities and provide surveys listing the utility's type, size, location (horizontal and vertical), route and slopes. Stantec will incorporate the city's mapping for drainage structures and the storm drainage system into the project basemap. Right -of -Way— City will provide current right-of-way data and property limits. Stantec will incorporate city surveys to conform the right-of-way plans. City will assist with rights of entry where required. Construction Survey - Assumed to be performed by the Contractor. On -Call Services — additional surveys may be necessary outside of the limits of work listed above. StanTec shall prepare additional surveys as directed by supplemental agreement. Assumptions • Stantec will coordinate and conform the survey base mapping provided by the City within the survey limits. Stantec will coordinate with the City for traffic control, right of entry, worker safety and permits required to perform the survey. Base mapping will be in AutoCAD/Civil 3D v2017 format and shall conform to the City drafting standards. The City will provide condition assessment of sewer and drainage pipes to the NASCCO's standard and provide the Pipeline Assessment Certification Program (PACP) score. The documentation of the work shall consist of PACP CCTV Reports, PACP database, logs, electronic reports, etc. noting important features encountered during the assessment. • The City will provide topographic survey for the Robin and Dibb project area. Exclusions • Photogrammetry • Boundary surveys • Records of Survey Drawings • Condition assessment of sewer and drainage pipe/internal pipe mapping • In -water measurements and bathymetric surveys Mf .HERRERA .� �.0—..��. �.......... — .. ... December 20, 2018 Page 8 of 21 I" 1 ►. I i I Deliverables • Electronic topographic base maps and 3D surface for use in design/modelling (AutoCAD/Civil 3D 2017) TASK 6.0 — GEOTECHNICAL ASSESSMENT Associated Earth Sciences, Inc. (AESI) shall conduct geotechnical investigations and analysis to support the design and construction documents including the following: + Collect and review existing geotechnical information within the project area • Review as-builts for existing structures + Plan and coordinate a field investigation program, approved by the City, to provide information regarding soil and slope conditions. • Anticipated borings o Pine Road Outfall Two borings 25' deep from elevation of Lebo Blvd o Stephenson Canyon intake One boring 20' deep on maintenance access road o Robin and Sheridan One boring 25' deep • All borings shall be obtained from a truck mounted rig • Temporary lane closures will be required. AESI will prepare approved traffic control plans, and subcontract the traffic control, to facilitate field work. • Borings will be backfilled per Department of Ecology requirements. Spoils from the borings will be suitably disposed on the shoulder of each site. • Patching of the asphalt in the ROW will be done with quick set concrete. • Geotechnical laboratory testing to determine engineering properties of site soils. Such tests will include grain size distribution, plasticity indices, organic content, and natural moisture content, if applicable. + Undertake preliminary geotechnical engineering analyses supporting the replacement of Pine Road outfall structure and alterations to the inlet structure in Stephenson Canyon. The geotechnical engineering analyses and support work will include: o Geotechnical evaluation of ground improvement and in situ soils o Evaluation of requirements/challenges associated with earthwork near stream and riparian areas; Evaluation and consideration of design and construction challenges associated with possible staged construction requirements; and Provision of geotechnical input to the construction cost estimate. • No environmentally suspect material is expected within the project limits. If encountered, the team will identify, contain and dispose of samples that are suspect. This can be performed by supplemental agreement, +raP A70Pine-®raCt5cc>pe December 20, 2018 HERRERA Exclusions • In water sampling • Seismic design • Infiltration testing • Environmentally suspect materials • ROW use permit fees Deliverables • Draft and Final Geotechnical Memorandum TASK 7,0 — PRELIMINARY DESIGN The Herrera team will prepare preliminary design drawings through approximately the 30% level of completion. The focus will be on defining project features that drive construction costs and permitting requirements in the three project areas listed below. The Herrera team will prepare a preliminary construction cost estimate to accompany the design drawings. Three Project Areas (refer to Final Design task for more detailed description of each area) 1. Robin and Dibb 2. Stephenson Inlet 3. Pine Outfall Assumptions • The existing 1-D SWMM Model for the Robin and Dibb flood reduction will be used to evaluate Robin and Dibb conveyance solution effectiveness. Flood reduction benefits will be communicated to the City via email and over conference calls and included in the basis of design report as an appendix. • Drawings will be produced using AutoCAD Civil 3D 2017 or newer format • Preliminary designs plans will not include temporary erosion and sediment control, but the cost estimate will include this element as a percentage of the total cost • Alternative design options for landscape finishes will not be prepared • Final design exclusions apply to preliminary design HERRERA rxrf f3; Opiire�[;r,rP�t5tr Prc M . December 20, 2018 ..... ........... ...�_..... _....aaa. _u......... ,.,,._� .,. Paye 1Q of 2._ 1 • All deliverables will be as pdf • One in person meeting is assumed early in the preliminary design task. Deliverables • Preliminary design drawings • Preliminary cost estimate • Basis of design report that describes type, size, and location of project elements. Design will reflect approximately the 30% level of completion. TASK 8,0 - PERMITTING COORDINATION Herrera anticipates the following permits will be required for the project: Regulatory AenSy� Permit _ _ _ C�liance Approvals US Army Corps of Clean Water Act Section 404 and Rivers and . Endangered Species Act Compliance Engineers (USACE) i Harbors Act Section 10 — Nationwide Permits 0 Magnuson -Stevens Fishery Conservation and Management Act i Compliance • National Historic Preservation Act Section 106 Compliance • Coastal Zone Management Act Consistency ertification Washington State Section 401 Water Quality Certification Department of Construction Stormwater General Permit Ecology (EcoloI'll, 11gy! Washington Hydraulic Project Approval (HPA) • State Environmental Policy Act (SEPA) Department of Fish Threshold Determination and Wildlife (WDFW) ...__....._..._____.._w__... .._._ City of Bremerton .............. Site Development Permit • Pre -submittal Conference (City) • Environmental Checklist/SEPA Threshold Determination • Shoreline Checklist Herrera will provide necessary permitting coordination in support of permits from USACE, Ecology, and WDFW including pre -application meetings/conferences, completion of supplemental permit application documentation (if needed in addition to the original JARPA), submittal of permit application packages, and follow-up coordination to respond to agency comments. HERRERA r�yf h"7C1Pin�. �D�af t5cape December 20, 7.018 .. .. _____,.,�e.e„�.......mm..--.. ...._.__...�._ww_..._w.._.waaa..-a_... ..,�,,......-. .. Page---...._�..mw 11 of 21 . O .* 3 1 r Herrera will arrange and participate in a pre -application meeting at the project site, or at USACE headquarters in Seattle, with representatives of the project team, USAGE, US Fish and Wildlife (USFWS), National Marine Fisheries Service (NMFS), WDFW, and interested tribes. Herrera will prepare an agenda with project exhibits and meeting minutes and distribute electronic copies to the meeting participants. Stantec will assist with the pre -application meeting and tribal correspondence. Herrera will prepare JARPA packages for submittal to USACE and Ecology, which will include hard copies of the DARPA, figures, and relevant supporting documents (Task 4). Herrera will arrange to obtain necessary signatures from the City. Packages will be mailed to USACE and WDFW. Herrera will use the information in the JARPA and the supporting documents to complete an HPA application on WDFW's APPS website. In support of obtaining coverage under nationwide permits from USACE, Herrera will complete the form for certification of consistency with the Washington State Coastal Zone Management Program (i.e., CZMA consistency form). Herrera will submit a pre -submittal conference application, supporting materials, and a list of specific questions to the City of Bremerton Department of Community Development and subsequently attend the pre -submittal conference. This conference will focus on Land Use Applications for State Environmental Policy Act (SEPA), shoreline development, and critical areas. Herrera will complete a Site Development Permit and Shoreline Checklist for submittal to the City. Assumptions • The City will be responsible for all permit fees. • Herrera's permitting lead and project manager will attend the pre -application meeting with USACE and other agencies. • Herrera's permitting lead and project manager will attend the pre -submittal meeting at the City. • A SEPA determination from the City is required for a complete HPA application. • USACE will be the lead federal agency. e Any intertidal eelgrass beds will not be impacted by project actions • Proposed outfall(s) will be located waterward of the mean higher high water (MHHW) elevation of Puget Sound. • No excavation of hazardous materials will occur waterward of MHHW elevation. • Excavation waterward of MHHW elevation will occur with equipment positioned on uplands. HERRERA Deceirrber2D,2018..._..._..u__.m__._ __.. ......�.. .. __....._.w.e......._......eee ....uvv,�_..m.�..�..� Page 12 of 21 • Construction staging will occur landward of MHHW elevation. • Project will comply with current Ecology stormwater manual requirements. • Project will be permitted under a Section 404 and Section 10 nationwide permit and will not require an individual permit. The project will not require an Individual Section 401 Water Quality Certification. • Any stream and/or beach restoration elements of the project will serve as mitigation for permanent impacts associated with the project. No off-site mitigation will be required. • This scope of work does not include assistance with application for other City permits (e.g., clearing and grading, right-of-way, stormwater, utilities, and building permits) or support during an appeal process for any project permits. Deliverables • Pre -application meeting agenda, exhibits, and meeting minutes. • Pre -submittal conference application, materials, and meeting minutes. • Two application packages to be mailed to USACE and Ecology, including a hard copy of the JARPA form, JARPA figures, Biological Evaluation, Critical Areas Report, and Mitigation Plan. • CZM consistency form. • Electronic HPA application. • Electronic responses to agency and tribe comments. • Site Development Permit and Shoreline Checklist TASK 9.0 — PERMITTING DOCUMENTS JARPA form and figures Herrera will prepare a JARPA form and supporting figures in support of acquiring Clean Water Act Section 404 permits from USACE and Section 401 water quality certifications from Ecology. Herrera will prepare the application forms including information pertaining to the applicant, property owners, project location, project description, wetlands, streams, tidal waters, and necessary permits. Herrera will prepare JARPA figures developed from the 60 percent design and ensure they are developed according to USACE formatting guidelines. Figures will include a vicinity map, property ownership information, plan views, and representative cross-sections. The JARPA figures will identify all work proposed in wetlands and waterward of the ordinary high water mark including quantities of excavation and fill. re` d76Piire-®%-kscnpe HERRERA December M 2018 Page 13 of 21 SCOPE- OF 1 " The Consultant will prepare mitigation planting sheets and JARPA figures for permit submittals. Biological Evaluation Herrera will prepare a Biological Evaluation (BE) in support of Endangered Species Act (ESA) and Magnuson -Stevens Fishery Conservation and Management Act (MFCMA) compliance. Based on a preliminary evaluation of the project site, the project may affect listed threatened species (e.g., Chinook salmon) and designated critical habitat regulated under the ESA; and essential fish habitat regulated under MFCMA. The BE will be based on site reconnaissance conducted as part of Task 6, available published documentation, site design information, and coordination with resource agency staff, SEPA Checklist In support of State Environmental Policy Act (SEPA) compliance, Herrera will prepare an Environmental Checklist. The checklist will include project information on background and environmental elements (earth, air, water, plants, animals, energy and natural resources, environmental health, land and shoreline use, housing, aesthetics, light and glare, recreation, historic and cultural preservation, transportation, public services, and utilities). Mitigation Plan As design development reaches 30 percent, Herrera will assess project impacts to critical areas and work with the design team to avoid and minimize impacts to critical areas and buffers. For unavoidable impacts, Herrera will work with the City to define mitigation needs for impacts to regulated critical areas and corresponding mitigation approaches to include in the Mitigation Plan. Herrera staff will meet with City staff and the design team to discuss mitigation options and the preferred mitigation approach. The mitigation approach will be vetted with USACE, WDFW, and tribes during a pre -application meeting and the City during a pre -submittal conference (Task 8). The agreed upon mitigation approach will be included in the 60 percent design plans and the Mitigation Plan. The Mitigation Plan will meet the requirements of BMC Chapter 20.14. Assumptions • Herrera will respond to one set of consolidated comments from the City on each document. • These documents will be used to support permit applications (Task 8). • 60 percent design plans will be used to assess impacts to critical areas and buffers. • The project will result in a "may affect, not likely to adversely affect" determination in the BE. "nf £17k7PiD"Afsco' e December 20, 2018 HERRERA Page 14 of 21 • No offsite mitigation (e.g., mitigation bank credit purchase or critical area/buffer enhancement within Stephenson Canyon) will be included. Deliverables • Draft and Final JARPA and figures • Draft and Final Biological Evaluation • Draft and Final Environmental Checklist • Draft and Final Mitigation Plan TASK 10,0 — FINAL DESIGN This task is to progress the design from the preliminary stage (Task 7.0) through final design. Consultant team will prepare final design plan sets at the 60 and 100 percent design. The anticipated sheet list and scope included is described below. Description of geographic areas shown in sheet list Robin and Dibb. Refers to flooding problem area where conveyance improvements will be made. Roughly from the intersection of Robin and Dibb downstream under Sheridan Road. Includes the outfall to Stephenson Creek at Sheridan Road and erosion control, planting, and mitigation around the outfall. Stephenson Inlet. Refers to replacing the existing inlet structure with a wider structure to addressing maintenance / debris accumulation issues on the storm drain inlet at the downstream end of Stephenson Canyon, including vegetation removal, restoration planting around the inlet, and improved (safer) maintenance access point to remove debris. Minor instream grading is immediately adjacent to the inlet structure. Pine Outfall. Refers to the pipe, wall, outfall structure, and erosion control at the outfall or the Pine Road Basin (intersection of Lebo Blvd and Sheridan Road). Anticipated work limits are intertidal zone up to the seaward edge of Lebo Blvd. Anticipated plans to be produced: General No. Title Lead / Support Mf 870pine-€ Wtswpe Decenber 20, 2018 6 HERRERA 1 Title Sheet Herrera 2 Legend and Abbreviations Herrera 3 Construction Notes Herrera Robin and Dibb No. Title Lead/Support Existing Site Plan and Survey Control — Robin and 4 Dibb Stantec 5 Site Prep and TESC - Robin and Dibb Herrera 6 Robin and Dibb Conveyance Plan and Profile - 1 Herrera 7 Robin and Dibb Conveyance Plan and Profile - 2 Herrera 8 Robin and Dibb Conveyance Plan and Profile - 3 Herrera 9 Robin and Dibb Conveyance Details Herrera 10 Robin and Dibb Treatment BMP Details Herrera 11 Robin and Dibb Outfall Details Herrera / Stantec Stephenson Inlet No. Title Lead/Support 12 Existing Site Plan and Survey Control — Stephenson Stantec Inlet 13 Site Prep and TESC - Stephenson Inlet Stantec 14 Stephenson Inlet Site Plan Stantec 15 Stephenson Inlet Structural Details Stantec rt'f 870Pine-DrditScnUe HERRERA .........._... ...... __......... December 20, 2018 Page 16 of 21 Pine Outfall No. Title Lead / Support 16 Existing Site Plan and Survey Control — Pine Outfall Stantec 17 Site Prep and TESC - Pine Outfall Herrera 18 Pine Outfall Site Plan Herrera 19 Pine Outfall Sections Stantec/Herrera 20 Pine Outfall Structural Details - 1 Stantec 21 Pine Outfall Structural Details - 2 Stantec 22 Pine Outfall Erosion Control Details Herrera 23 Pine Outfall Miscellaneous Details Stantec Planting Details and Schedule No. Title Lead/Support 24 Robin and Dibb Outfall Planting / Mitigation Herrera 25 Stephenson Inlet Planting / Mitigation Herrera 26 Pine Outfall Planting / Mitigation Herrera 27 Planting Details and Notes- 1 Herrera 28 Planting Details and Notes - 2 Herrera 29 Plant Schedule Herrera Basis of Design Report Herrera will update the Basis of design report to describe changes in the design basis after preliminary design, including calculation appendices. HERRERA mf 976Pine-DrakSeoue December 20, 2018 Page 17 of 21 SCOPE WORK Utilities Herrera will design the plan and profile of the Robin and Dibb conveyance pipe. Franchise utility relocation will be addressed by the franchisee. The Consultant will design utility protection and minor utility adjustment. Major utility relocation will be addressed by contract amendment. Trench Repair Herrera will prepare standard trench restoration sections. Structures All storm drain structures will be WSDOT standard structures. Where possible, the Stantec shall adopt the accepted WSDOT structural criteria. Stantec shall prepare one set of design calculations to be submitted with the final plan set. Stantec shall perform and check static and dynamic structural analysis, develop structural details and prepare structural drawings. Stantec will prepare structural drawings to the level of detail necessary to convey the design intent. A maximum use will be made of typical details, City/WSDOT/APWA standard plans and vendor supplied designs (2 structural sheets are assumed) Specifications Consultant shall prepare the technical specifications (special provisions) amending the WSDOT standard specifications. Engineer's Estimate Consultant will prepare construction cost estimates for the three project areas — Robin and Dibb (Herrera), Stephenson Inlet (Stantec), and Pine Road Outfall (Stantec). Work By Others ► Stormwater Pollution Prevention Plan will be prepared by the contractor • Stream flow or piping bypass plan will be prepared by the contractor • Traffic control and staging plans will be prepared by the contractor • City will provide a bid package template / example and any other standard bid package materials prior to beginning work on final design. mr 870Pine-D,aftScope HERRERA ..�..._...._w... .�..,, ............. .. ,.... December 20, 2018 Page IS of 21 SCOPE OF WORK Exclusions • Drainage Report • Dispersed (multiple locations) stormwater flow control and treatment design • Irrigation design Full or half roadway restoration for trenching • Major utility relocation design • Illumination design • Pipe inspection services • Constructability review • Value engineering • Detailed means and methods Assumptions • 60 percent design will address City comments on the Preliminary Design and Agency Input during Permitting Coordination • 60 percent deliverable will include plans, a specifications outline, a cost estimate, and will be used to accompany the permit submittal. • The City will consolidate all City and agency comments on the plans, specifications and estimates and enter the consolidated comments into a comment log form. • Consultant team will respond to all comments in the comment log. • Agency and City comments on the 60 percent deliverable will be incorporated by the consultant into the final plans, specifications, and estimate • The engineer's cost estimates are approximate and shall be based upon prevailing average bid prices received from similar projects by City, Kitsap County, WSDOT and from supplier correspondence, include the cost opinion to cover the respective cost variability such as variable unit price, bidding climate, level of estimating accuracy, miscellaneous items, contingencies, undefined items, and risk factor. • Plans will be in AutoCAD 2017 or newer format utilizing the City drafting standards in English units. 1 inch to 40 feet Scale plans are anticipated. Two sets of half size (11x17) bond prints and a single electronic copy will be provided for each submittal, unless otherwise noted. • Plans & Specifications will be provided to the City for review at approximately 60% Comments from the 60% documents will be addressed in the "Final" Bid Documents. rnf BfflPine t7rait'_,cn}�e December 20 2018 HERRERA Page 19 of 21 • City/WSDOT/APWA Standard details and specifications will be incorporated by reference wherever possible. • A stormwater treatment or flow control facility will be sited at the corner of Robin Avenue and Dibb Street as part of the Robin and Dibb Conveyance improvements. It is assumed that the BMP will be sized by the BMP vendor, using Herrera provided flow rates, and working drawings (i.e. structural design of the vault) will be prepared by the vault manufacturer. • It is assumed that the Stephenson canyon inlet structure will be replaced with a wider structure with improved debris screening and safer maintenance access. • Stream channel design will not be included, except for erosion control immediately downstream of the Robin and Dibb outfall and grading adjacent to the Stephenson inlet. • Marine shoreline design is limited to the area immediately surrounding the Pine Road Outfall. • Basis of design report updates are limited to reconfirming pipeline hydraulic capacity on Robin and Dibb to address any changes in alignment, updating scour or erosion control calculations, and updating structural calculations. • All right of way restoration will be limited to matching existing surfacing or vegetation. • One in person meeting is assumed to discuss City and agency comments on the 60% design. • Consultant will assemble the bid package, using a template / example provided by the City, such that the City may advertise and award the construction contract in one bid package. • Applicable WSDOT standard details will be incorporated into the bid package if desired. • The City will be responsible for advertising, reviewing bids, preparing and issuing addenda and awarding the construction contract(s). • All WSDOT standard amendments and GSPs will be incorporated by reference and not compiled in the bid package. • Deliverables will be pdf. Deliverables • Basis of Design Report (100% design) • 60% Plans, specifications outline, and cost estimate • 100% Plans, specifications, and cost estimate (Issued for Bid) *�f 87f�Piouc-I'7r,7 fY�caFr� December 20, 2018 OjHERRERA Paye 20 of 21 ', 1#1:7 4Ii7 TASK 11.0 — SUPPORT DURING BIDDING The Consultant team will provide support during bidding using budget remaining in the management reserve fund after final design is complete. Support may include the following items as directed with the City using remaining budget. Content for a presolicitation announcement • Attendance at a prebid meeting • Responses to questions from bidders + Support for addenda Assumptions • Budget for this task will be the management reserve fund budget remaining after completion of final design. • Consultant will respond to questions or support addenda that address corrections to bid documents that were the responsibility of the Consultant, even if no management reserve funding is available. Deliverables • To be defined based on City requests for support during bidding. HERRERA nit 870Pme-D+aUSLope December 20, 2018 !° 0 o_ c v E 0 ! a_ E I y 3ro E O L4 ,C M M 1 °° O m c a_ O 00 h � O a O a) 13 m L u m .c x w i N o � � � I O O a"i N O -1 '-1 ,--1' lD' Do a1 Ol v \ \ MMN h � 01 MM \ \ h ^ -1h rl N N r -I ,1 \ \ \ N 111 ,11 \ \ \ \ \ \ \ \ O O N \ \ \ M 'ch V1 h 00 .-1 r-1 r -I N to V1 � m o \ \ \ \ \ \ \ \ \ \ \ O ,-i \ \ 1 h h h h h d' M 00 111 l!1 NM rj M N .--1 r-4-1 r \ \ \ i NM M n00 0000 �O -1-1 N 7 7 7 7 7 7 7 7 7 O 7 7 7 7 w N 0 n 1 C> -'A T VI VI ,/1 VI VI VI VI T V, VI O u, f0 T M T } } y. } } } M T T to M O v o M M M -a -0 -a -0 O M a ro 7 - W O 0 0 0 0 0 0 O O N O O 'n O ,11 t Ln tqf N -;t N ;' d' M T lA O 7 n. o u 0 CL M p ,n c C O U vl O i O W y O C W Ln W E E O) -+J ,n n � t t 9 O E Cl) '06 v v o o m D M tD r1 an n°1u � E Q ro a v , rao a�'i o aci aJ C am '—p +' U �+ aw= m®o yO E y I a D_ U m U to (D d W W LL O_ LL.u ,It Ln 1D h W Q1 O� O a -I z Y Y Y Y Y YY Y Y Y E Y Y N ® VS VI 1n v, N N VI VI N VI L N NQ ra to m ro ra M m M ,a M W M m _. h F— 1— I— F- � vfmF�l n(sotn colo) r e.1'm f�. H U U M J Q `PN �p u w bl ww wwgw H H w Qw pr NH b.. r o<<OO CO 2N NmN �I°m m N m m m, - C C �Ep�1 e o $www o- UwwwwwwHw gHwwwwww Ue v r � f e q o m M o 0 m H mOvNN�mn �mN NMM O N 1p po so O H qH yw��wwH» q m �m� w nN' vii _t 0�$9 w eNa mm owo Nq m m H x� c� �w e w w w HwwH a vmm e m _ o wivN, U. w %V Ho ... ......... --- ° a- b N m m O I` O VV n ._.. _.... w w 0�., NNq N w ww H qrg F' E w,, a mmu, b o� 4 w a U ow a o a H H w w F°i wl I ....... > > U $.� Pl Q1 a _ my r w ....... ___..... o � o <¢E ,., w ..... .------- Uaw qww - H H V�io N V w U¢ N N b x`" N rNo eYi m a 9 m e E $ y'cs N v aow Hwwwowp wwwwq U S q U y Y j Cm m q w q c Ix AN moo O c' ... _. _....................... .,.�, mawg� __—__......,, ,,.,....... N,, m wwww ��wwwwwwH.., c F @ � y w w N hti.:. USD ow nn wwo wwwnwow we w. 1H - m UPo 1. U x e a w w N w - = No n' _ •- _ ry� r a m m `alao oo o «Y'• ii U r �gwyq nw -`w -ww H w •a =�.m��w'ca N a.Ts m E mawmU ww�C7�44 � v w O ° ` N d E � a o ~ 2 m ® � z w F o 0Al �= --a 2' u 7 ^�, C.�A 6; m Z F oe "Ydov °0 1°`m iW_ m O V wF O y p 02 °iu� c70aawaf ¢•U�3aa�m�bc7c�b w a���,, w m p�w�m¢ w..o.��. �,-�u�w no-,-iwn���wm �mvi..iorwao m Client#: 12725 HERRENVI .. E (MM/D ACORD,. CERTIFICATE OF LIABILITY INSURANCE D/YYYY) 1 DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCEREliz NAME: ME: abeth Olson Propel Insurance PHONE FAX No Ext): 800 499-0933 (AIC, No); 866 577-1326 Tacoma Commercial Insurance „(A/C, E-MAIL Elizabeth.olson@propelinsurance.com 1201 Pacific Ave, Suite 1000 INSURER(S) AFFORDING COVERAGE NAIC# Tacoma, WA 98402 INSURER A:Iron s 11 horeSpecialty Insurance 25445 INSURED INSURER B: Ohio Security Insurance Company 24082 Herrera Environmental Saif Cor INSURER C: oration 36196 P Consultants Inc INSURER 0 : —� 2200 6th Avenue #1100 �as,w L INSURER E Seattle, WA 98121 : .......... j INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN AODLSUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP (MMIDD/YYYY) (MM/DD°,'"y Y LIMITS ,,,, A X COMMERCIAL GENERALIABILITY 000826909 ,„f, 111241201811,1 4/20 t 9i OCCUR RENCE $1,000�0�0 ^' 1 CLAIMS -MADE Xc cuR EARCH '°o, DAMAGE RENTED r occurrence) $ 500,000 MED EXP (Any one person) $ 251000 _ ,.PERS0NAL & ADV INJURY $1,000,0" GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $21000 oO,-"'� X POLICY 1 JECOT ❑ LOC PRODUCTS -COMP/OPAGG I $2,000, ( OTHER: $ B AUTOMOBILE LIABILITY BAS1956989902 111241201$ 11/24/2019 EaaacideDtSINGLE LIMIT :71,000,tSO XI ANY AUTO BODILY INJURY (Per person) $ OWNED( SCHEDULED AUTOS ONLY (AUTOS ' BODILY INJURY (Per accident) $ NON -OWNED X[ AUTOS ONLY X 4 AUTOS ONLY (PerOaccdent)PERTY AMAGE $ 1 t $ A UMBRELLA LIAB OCCUR 000827009 11/24/2018 11/24/2019 EACH OCCURRENCE $4p000 000 X EKCESS LIAB X a CLAIMS -MADE Incl. Prof 8r AGGREGATE $4„000;M DED RETENTION$Pollution$ ..... 2 8 - A WORKERS COMPENSATION 000826909 WA STG 11/24/2018 11/24/2019 PER OTH- AND EMPLOYERS' LIABILITY Y/ N4 C ANY PROPRIETOR/PARTNER/EXECUTIVE X 857188 OR OFFICERIMEMBER EXCLUDED? N / A IAtI till f; '0111, ,�”` E.L. EACH ACCIDENT $1,000)Qoo,, " - - - » (Mandatory in NH) - ,,, j - E.L. DISEASE- EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below "" " " " E.L. DISEASE- POLICY, ,IMIT $1,000,000 _ A Professional Liab 000826909 11/24/2018 11124/201 $1,000,OOO,Ech Claim Pollution $2,000,664 Aggregate I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Bremerton Contract No. 870 Herrera Project No. 1-06910-000 i Project Name: Pi le'Road Stormwater Basin Improvements Additional Irfs, d status applies to the City of Bremerton per attached forms. CERTIFICATE HOLDER CANCELLATION City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th Street, Suite 100 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE � s>1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S34966191M3449854 FAR00 This page has been left blank intentionally. 000826909 Wording from EPIC for Additional Insured and Waiver of Subrogation Found on page 26, 34 and 36 of form SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Any subsidiary, associated, affiliated, allied or limited liability company or corporation, including subsidiaries thereof, of which you have more than 50% ownership interest at the effective date of the policy period qualify as a Named Insured. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage under this policy does not apply to bodily injury, property damage or environmental damage that occurred before you acquired or formed the organization; c. Coverage under this policy does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization; and d. Coverage under this policy does not apply to damages arising out of any act, error or omission or professional incident that took place before you acquired or formed the organization. 4. Each of the following is also an insured: a. Your volunteer workers only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: (1) Bodily injury or personal and advertising injury: (a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company); (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) above; or (c) Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) Property damage or environmental damage to property owned, occupied or used by, rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only with respect to liability arising out of the maintenance or use of that property and until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization you agree to include as an insured in a written '.cogt4ct, written agreement or permit, but only with respect to bodily injury, property damage; environmental damage or personal and advertising injury arising out of your operations, your work, equipment or premises leased or rented by you, or your products which are distributed or sold in the regular course of a vendor's business, however: (1) A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (b) Arising out of any express warranty unauthorized by you; (c) Arising out of any physical or chemical change in the product made intentionally by the vendor; (d) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (e) Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Arising out of demonstration, installation servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product; or (g) Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: a. Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant; or Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver. a. Any person or organization that has at least a 50% controlling interest in you but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of their financial control of you. Page 34 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows: ' a. a. Primary Insur,7ce This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, regardless of whether b. below applies, in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization you agreed to insure and such person or organization is an insured under this policy, we will not seek contributions from any such other insurance issued to such person or organization Page 36 S. Transfer Of Rights Of Recovery Against OthersToft7s If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. However, if the insured has waived rights of recovery against any person or organization prior to a loss, we waive any right of recovery we may have under this policy against such person or organization. This page has been left blank intentionally. COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE — BROADENED COVERAGE 10 GLASS REPAIR — WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE — ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II — LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II — LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II — LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto'; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II — LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V — DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7„ TOWING AND LABOR SECTION III — PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 — 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a., Coverage Extension of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500 ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V — DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment 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 "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", I. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V — DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 5 of 7 15. GLASS REPAIR - WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit' or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident' or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident' or "loss", our rights are waived also. 02010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V — DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V — DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.— CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 7 of 7 This page has been left blank intentionally.