HomeMy WebLinkAboutFCS Group - Professional Services Agreement for Domestic Water PROFESSIONAL SERVICES AGREEMENT
FOR
DOMESTIC WATER RATE & FEE STUDY 2024
.47
THIS PROFESSIONAL SERVICES AGREEMENT, entered into this •3t day of January,
2024, between the City of Yakima, a Washington municipal corporation ("City"), and FCS
GROUP, ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby
covenant and agree as follows:
1. Statement of Work
The minimum services (hereinafter referred to as "Services") that the Contractor will provide
include services described in (RFQ #12342Q), which are attached as Exhibit A hereto and
incorporated herein by this reference.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated
herein, which Exhibit includes the deliverables and payment schedule of itemized prices as
listed in the Contractor's Proposal submittal at the time and in the manner and upon the
conditions provided for the Contract.
Contractor will be paid by City on a time and materials basis in accordance with the standard
billing rates attached hereto as Exhibit B. Direct expenses will be charged as identified in
Exhibit B. Contractor agrees to perform the services as set forth in Exhibit A at a cost not to
exceed $81,835. It is understood that Contractor will not exceed this amount without Client's
prior written authorization.
3. Contract Term
The period of this Contract shall be for a period of one year from its effective date. The City
may, at its option, extend the Contract on a year to year basis for up to four (4) additional
years. Contract extensions shall be automatic, and shall go into effect without written
confirmation, unless the City provides advance notice of the intention to not renew.
4. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative
of City with regard to performance of the Services. Contractor shall not represent that it is, or
hold itself out as, an agent or representative of City. In no event shall Contractor be authorized
to enter into any agreement or undertaking for, or on, behalf of City.
5. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights,
duties, or interests accruing from this Contract without the prior written consent of
the other.
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b. The Contractor for itself, and for its heirs, executors, administrators, successors, and
assigns, does hereby agree to the full performance of all the covenants herein
contained upon the part of the Contractor.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the
property of the City and shall be surrendered to the City upon demand. All information
concerning the City and said project which is not otherwise a matter of public record or required
by law to be made public, is confidential, and the Contractor will not, in whole or part, now or
at any time disclose that information without the express written consent of the City.
7. Inspection and Production of Records
a. The records relating to the Services shall, at all times, be subject to inspection by
and with the approval of the City, but the making of (or failure or delay in making)
such inspection or approval shall not relieve Contractor of responsibility for
performance of the Services in accordance with this Contract, notwithstanding the
City's knowledge of defective or non-complying performance, its substantiality or the
ease of its discovery. Contractor shall provide the City sufficient, safe, and proper
facilities, and/or send copies of the requested documents to the City. Contractor's
records relating to the Services will be provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which
are related to the Services of this Contract as may be requested by the City. Until
the expiration of six (6)years after final payment of the compensation payable under
this Contract, or for a longer period if required by law or by the Washington Secretary
of State's record retention schedule, Contractor shall retain and provide the City
access to (and the City shall have the right to examine, audit and copy) all of
Contractor's books, documents, papers and records which are related to the
Services performed by Contractor under this Contract. If any litigation, claim, or audit
is started before the expiration of the six-year period, the records shall be retained
until all litigation, claims, or audit findings involving the records have been resolved.
c. All records relating to Contractor's services under this Contract must be made
available to the City, and the records relating to the Services are City of Yakima
records. They must be produced to third parties, if required pursuant to the
Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records
relating to Contractor's services under this Contract must be retained by Contractor
for the minimum period of time required pursuant to the Washington Secretary of
State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire,
and shall be the property of the City. The City shall own any and all data, documents, plans,
copyrights, specifications, working papers, and any other materials the Contractor produces in
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connection with this Contract. On completion or termination of the Contract, the Contractor
shall deliver these materials to the City.
9. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance
with any and all applicable laws, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, whether federal, state, local, or otherwise, including
policies adopted by the City, as those laws, ordinances, rules, regulations, and policies now
exist or may hereafter be amended or enacted. Contractor shall procure and have all
applicable and necessary permits, licenses and approvals of any federal, state, and local
government or governmental authority or this project, pay all charges and fees, and give all
notices necessary and incidental to the due and lawful execution of the work.
Contractor shall procure and have all applicable and necessary permits, licenses and
approvals of any federal, state, and local government or governmental authority or this project,
pay all charges and fees, and give all notices necessary and incidental to the due and lawful
execution of the work.
a. Procurement of a City Business License. Contractor must procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington department of Revenue state
excise tax registration number, as required in Title 85 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification
(UBI) number. Contractor must have a current UBI number and not be disqualified
from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security
Department number as required by Title 50 RCW.
e. Foreign (Non-Washington) Corporations: Although the City does not require foreign
corporate proposers to qualify in the City, County or State prior to submitting a
proposal, it is specifically understood and agreed that any such corporation will
promptly take all necessary measures to become authorized to conduct business in
the City of Yakima, at their own expense, without regard to whether such corporation
is actually awarded the contract, and in the event that the award is made, prior to
conducting any business in the City.
10.Nondiscrimination Provision
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color,
religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy,
veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical
handicap in violation of the Washington State Law Against Discrimination (RCW chapter
49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.).
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This provision shall include but not be limited to the following: employment, upgrading,
demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms
of compensation, selection for training, and the provision of Services under this Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this
contract or with any such rules, regulations, or orders, this Contract may be cancelled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
any future City contracts.
11.Pay Transparency Nondiscrimination Provision
The Contractor will not discharge or in any other manner discriminate against employees or
applicants because they have inquired about, discussed, or disclosed their own pay or the pay
of another employee or applicant. However, employees who have access to the compensation
information of other employees or applicants as a part of their essential job functions cannot
disclose the pay of other employees or applicants to individuals who do not otherwise have
access to compensation information, unless the disclosure is (a) in response to a formal
complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or (c) consistent with the contractor's
legal duty to furnish information.
12.Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent
injury to persons or property. The Contractor agrees to release, indemnify, defend,
and hold harmless the City, its elected and appointed officials, officers, employees,
agents, representatives, insurers, attorneys, and volunteers from all liabilities,
losses, damages, and expenses related to all claims, suits, arbitration actions,
investigations, and regulatory or other governmental proceedings arising from or in
connection with this Agreement or the acts, failures to act, errors or omissions of the
Contractor, or any Contractor's agent or subcontractor, in performance of this
Agreement.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that
the Contractor waives any immunity that may be granted to it under the Washington
State industrial insurance act, Title 51 RCW, solely for the purposes of this
indemnification. Contractor's indemnification shall not be limited in any way by any
limitation on the amount of damages, compensation or benefits payable to or by any
third party under workers' compensation acts, disability benefit acts or any other
benefits acts or programs. Contractor shall require that its subcontractors, and
anyone directly or indirectly employed or hired by Contractor, and anyone for whose
acts Contractor may be liable in connection with its performance of this Agreement,
comply with the terms of this paragraph, waive any immunity granted under Title 51
RCW, and assume all potential liability for actions brought by their respective
employees. The Parties acknowledge that they have mutually negotiated this
waiver.
c. Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent
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negligence of the Contractor and the City, the Contractor's liability, including the duty
and cost to defend, shall be only to the extent of the Contractor's negligence.
d. Nothing contained in this Section or this Contract shall be construed to create a
liability or a right of indemnification in any third party.
e. The terms of this Section shall survive any expiration or termination of this Contract.
13.Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and
maintain in effect insurance to protect the City and Contractor from and against any and all
claims, damages, losses, and expenses arising out of or resulting from the performance of this
Contract. Contractor shall provide and maintain in force insurance in limits no less than that
stated below, as applicable. The City reserves the right to require higher limits should it deem
it necessary in the best interest of the public.
Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each
of the policies and outlined herein. A copy of the additional insured endorsement attached to
the policy shall be included with the certificate. This Certificate of insurance shall be provided
to the City, prior to commencement of work. Failure to provide the City with proof of insurance
and/or to maintain such insurance outlined herein shall be a material breach of this agreement
and a basis for termination.
Failure of City to demand such verification of coverage with these insurance requirements or
failure of City to identify a deficiency from the insurance documentation provided shall not be
construed as a waiver of Contractor's obligation to maintain such insurance.
Contractor's insurance coverage shall be primary insurance with respect to those who are
Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool
coverage maintained by the City shall be in excess of the Contractor's insurance and neither
the City nor its insurance providers shall contribute to any settlements, defense costs, or other
payments made by Contractor's insurance. All additional insured endorsements required by
this Section shall include an explicit waiver of subrogation.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the
required insurance in full force and effect, all work under the contract shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the
City to terminate the Contract.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a
certificate of insurance and additional insured endorsements as proof of commercial liability
insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence,
combined single limit bodily injury and property damage, and Two Million Dollars
($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits
shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and
appointed officials, employees, agents, attorneys and volunteers shall be named as additional
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insureds for such higher limits. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Contract. The certificate of
insurance and additional insured endorsements shall name the City of Yakima, its elected and
appointed officials, employees, agents, attorneys and volunteers as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first
giving the City prior written notice. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The
requirements contained herein, as well as City of Yakima's review or acceptance of insurance
maintained by Contractor is not intended to and shall not in any manner limit or qualify the
liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a
certificate of insurance as proof of automobile liability insurance with a minimum liability limit
of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage
limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the
City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be
named as additional insureds for such higher limits. The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract. The
certificate of insurance and additional insured endorsements shall name the City of Yakima,
its elected and appointed officials, employees, agents, attorneys and volunteers as additional
insureds, and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the City prior written notice. The insurance shall be with an insurance
company or companies rated A-VI' or higher in Best's Guide and admitted in the State of
Washington. The requirements contained herein, as well as City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any
manner limit or qualify the liabilities or obligations assumed by Contractor under this contract.
The business auto liability shall include Hired and Non-Owned coverage if necessary.
c. Employer's Liability (Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers'
compensation, occupational disease, and occupational health and safety laws, statutes, and
regulations to the full extent applicable, and shall maintain Employer's Liability insurance with
a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for
claims filed by Contractor or its employees for services performed under the terms of this
Contract. Contractor agrees to assume full liability for all claims arising from this Contract
including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible
to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply
with insurance requirements does not limit Contractor's liability or responsibility.
d. Professional Liability
The Contractor shall provide evidence of Professional Liability insurance covering professional
errors and omissions. Contractor shall provide the City with a certificate of insurance as proof
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of professional liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two
Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider
is, the coverage amount, the policy number, and when the policy and provisions provided are
in effect. The insurance shall be with an insurance company or companies rated A-VII or higher
in Best's Guide. If the policy is written on a claims made basis the coverage will continue in
force for an additional two years after the completion of this contract. If insurance is on a
claims made form, its retroactive date, and that of all subsequent renewals, shall be no later
than the effective date of this Contract.
14.Severability
If any term or condition of this Contract or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To
this end, the terms and conditions of this Contract are declared severable.
15.Contract Documents
This Contract, the Request for Qualifications & Proposals (RFQ #12342Q) and Scope of Work
(Domestic Water Rate & Fee Study 2024), conditions, addenda, and modifications and
Contractor's proposal (to the extent consistent with Yakima City documents) constitute the
Contract Documents and are complementary. Specific Federal and State laws and the terms
of this Contract, in that order respectively, supersede other inconsistent provisions. These
Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St.,
Yakima, WA, 98901, and are hereby incorporated by reference into this Contract.
16.Termination
Termination for Cause:
In the event the Contractor breaches this Contract, the City may terminate the Contract at its
sole discretion in such event that it provides the Contractor with written notice of Contractor's
breach and the Contractor fails to cure its breach within 30 days of this notice.
In the event of the City breaches this Contract, the Contractor may terminate the Contract at
its sole discretion in such event that it provides the City with written notice of City's breach and
the City failes to cure its breach of the Contract within 60 days of this notice.
The following represents a non-exclusive, illustrative list of instances that shall be considered
a breach by the Contractor:
a. Defaults on an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to
dissolve as a legal entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a
legally-imposed, 30-day notice;
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e. Makes an assignment for the benefit of creditors;
f. Fails to follow the sales and use tax certification requirements of the State of
Washington;
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
i. Is excluded from federal procurement and non-procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as
provided in the Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be
Confidential Information, proprietary, or containing Personally Identifiable
Information;
I. Contractor performance threatens the health or safety of a City, County or municipal
employee; or
Termination for Convenience:
The City may terminate the Contract, without cause, by providing 30 days written notice of
termination.
In the event of termination for convenience, the Contractor shall be entitled to receive
compensation for any fees owed under the Contract. The Contractor shall also be
compensated for partially completed services. In this event, compensation for such partially
completed services shall be no more than the percentage of completion of the services
requested, at the sole discretion of the City, multiplied by the corresponding payment for
completion of such services as set forth in the Contract. Alternatively, at the sole discretion of
the City, the Contractor may be compensated for the actual service hours provided. The City
shall be entitled to a refund for goods or services paid for but not received or implemented,
such refund to be paid within 30 days of written notice to the Contractor requesting the refund.
Change in Funding: In addition to the above termination provisions, if the funds upon which
the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or
modified conditions are placed on such funding, the City may terminate this Contract by
providing at least five business days written notice to the Contractor. The termination shall be
effective on the date specified in the notice of termination.
17.Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, or in the
event of a notice of default as to whether such default does constitute a breach of the contract,
and if the parties hereto cannot mutually settle such differences, then the parties shall first
pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either
not successful then any dispute relating to this Agreement shall be decided in the courts of
Yakima County, in accordance with the laws of Washington. If both parties consent in writing,
other available means of dispute resolution may be implemented.
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18.Re-Award
When the contract is terminated by the Contractor upon providing the written notice as herein
required, the City, pursuant to City ordinance, may re-award the contract to the next most
responsible Proposer within 120 days from original award.
When a Contractor is unable to supply goods and/or services to the City and is in breach of
the contract, or when the contract is terminated by the City for cause as herein provided, the
City reserves the right to re-award the contract to the next most responsible Proposer within
120 days from original award.
19.Substitution
The Contractor shall not substitute or deviate from said specifications of this Contract without
a written amendment, signed by the City Manager, or pursuant to Section 51 below entitled
"Change or Notice". Any violation of this procedure by the Contractor will be considered cause
for immediate cancellation of the Contract for cause by the City.
20.Contractor Shall Furnish
Except as otherwise specifically provided in this Contract, Contractor shall furnish the
following, all as the same may be required to perform and provide the services in accordance
with the terms of this Contract: personnel, labor, products and supervision; and technical,
professional and other services. All such services, products, property and other items
furnished or required to be furnished, together with all other obligations performed or required
to be performed, by Contractor under this Contract are sometime collectively referred to in this
Contract as the "(Services)."
21.Complementary Provisions
All provisions of this Contract are intended to be complementary, and any services required
by one and not mentioned in another shall be performed to the same extent as though required
by all. Details of the services that are not necessary to carry out the intent of this Contract, but
that are not expressly required, shall be performed or furnished by Contractor as part of the
services, without any increase in the compensation otherwise payable under this Contract.
22.Invoices
The City will use its best efforts to pay each of Contractor's invoices within thirty (30) days after
the City's receipt and verification thereof; provided, however, that all such payments are
expressly conditioned upon Contractor providing services hereunder that are satisfactory to
the City. The City will notify the Contractor promptly if any problems are noted with the invoice.
To insure prompt payment, each invoice should cite purchase order number, RFQP number,
detailed description of work, unit and total price, discount term and include the Contractor's
name and return remittance address.
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Contractor will mail or email invoices to the City at the following address:
City of Yakima Public Works
Water/Irrigation Division
Attn:
Mike Shane
Water/Irrigation Manager
Mike.Shane@yakimawa.gov
Office: 509.576.6480
2301 Fruitvale Blvd.
Yakima, WA 98902
23.Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of
contact with regard to all contractual matters arising hereunder, including the performance of
services and the payment of any and all charges resulting from its contractual obligations.
24.Delegation of Professional Services
The services provided for herein shall be performed by Contractor, and no person other than
regular associates or employees of Contractor shall be engaged on such work or services.
Contractor shall not (by contract, operation of law or otherwise) delegate or subcontract
performance of any services to any other person or entity without the prior written consent of
the City. Any such delegation or subcontracting without the City's prior written consent shall
be voidable at the City's option.
No delegation of subcontracting of performance of any of the services, with or without the
City's prior written consent, shall relieve Contractor of its responsibility to perform the services
in accordance with this Contract. Contractor shall be fully responsible for the performance,
acts and omissions of Contractor's employees, Contractor's subcontractors, and any other
person who performs or furnishes any services (collectively, the "Support").
Contractor shall at all times be an independent contractor and not an agent or representative
of the City with regard to performance of the services. Contractor shall not represent that it is,
nor hold itself out as, an agent or representative of the City. In no event shall Contractor be
authorized to enter into any agreement or undertaking for or on behalf of the City. Neither the
Contractor nor any employee of the Contractor is entitled to any benefits that the City provides
its employees. The Contractor is solely responsible for payment of any statutory workers
compensation or employer's liability insurance as required by state law. The Contractor will
have an active account with the Department of Revenue, other state agencies as needed, and
a separate set of books or records that reflect all items of income and expenses of the business
that the Contractor is conducting.
Contractor shall perform the services in a timely manner and in accordance with the standards
of the profession. At the time of performance, Contractor shall be properly licensed, equipped,
organized, and financed to perform the services in accordance with this Contract. Subject to
compliance with the requirements of this Contract, Contractor shall perform the services in
accordance with its own methods.
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25.Licenses
Contractor shall have a valid and current business license per Chapter 5.02 Section 5.02.010
of the Yakima Municipal Code covering this type of business and shall satisfy all applicable
City Code provisions. Said license shall be obtained prior to the award of any contract.
Inquiries as to fees, etc., should be made to the Office of Code Administration, telephone (509)
575-6121.
In addition, Contractors are required to be registered by the State per Chapter 18.27 of the
Revised Code of Washington and their registration number must be listed on the
bid/RFP/quote.
Contractor shall take all reasonable precautions to protect against any bodily injury (including
death) or property damage that may occur in connection with the services.
26.Removal of Subcontractor
If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the City may request in writing that the subcontractor be removed. The
Contractor shall comply with this request at once and shall not employ the subcontractor for
any further work/services under this Contract.
27.Taxes and Assessments
Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this
Contract. In the event the City is assessed a tax or assessment as a result of this Contract,
Contractor shall pay the same before it becomes due.
The City and its agencies are exempt from payment of all federal excise taxes, but not sales
tax (currently at 8.3%). Tax will not be considered in determining which proposal is the lowest
or best, however RCW 39.30.040 allows the City to take any sales tax and B&O tax that is will
receive from purchasing supplies, materials and equipment within its boundaries into
consideration when determining the lowest responsible Proposer.
28.Contractor Tax Delinquency
Contractors who have a delinquent Washington tax liability may have their payments offset by
the State of Washington.
29.Inspection: Examination of Records
The Contractor agrees to furnish the City with reasonable periodic reports and documents as
it may request and in such form as the City requires pertaining to the work or services
undertaken pursuant to this Agreement. The costs and obligations incurred or to be incurred
in connection therewith, and any other matter are to be covered by this Agreement.
The records relating to the services shall, at all times, be subject to inspection by and with the
approval of the City, but the making of (or failure or delay in making) such inspection or
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approval shall not relieve Contractor of responsibility for performance of the services in
accordance with this Contract, notwithstanding the City's knowledge of defective or non-
complying performance, its substantiality or the ease of its discovery. Contractor shall provide
the City sufficient, safe, and proper facilities and equipment for such inspection and free access
to such facilities.
30.Confidential, Proprietary and Personally Identifiable Information
Contractor shall not use Confidential, Proprietary or Personally Identifiable Information of City
for any purpose other than the limited purposes set forth in this Contract, and all related and
necessary actions taken in fulfillment of the obligations there under. Contractor shall hold all
Confidential Information in confidence, and shall not disclose such Confidential Information to
any persons other than those directors, officers, employees, and agents ("Representatives")
who have a business-related need to have access to such Confidential Information in
furtherance of the limited purposes of this Contract and who have been apprised of, and agree
to maintain, the confidential nature of such information in accordance with the terms of this
Contract.
Contractor shall institute and maintain such security procedures as are commercially
reasonable to maintain the confidentiality of the Confidential Information while in its possession
or control including transportation, whether physically or electronically.
Contractor shall ensure that all indications of confidentiality contained on or included in any
item of Confidential Information shall be reproduced by Contractor on any reproduction,
modification, or translation of such Confidential Information. If requested by the City in writing,
Contractor shall make a reasonable effort to add a proprietary notice or indication of
confidentiality to any tangible materials within its possession that contain Confidential
Information of the City, as directed.
Contractor shall maintain all Confidential Information as confidential for a period of three (3)
years from the date of termination of this Contract, and shall return or destroy said Confidential
Information as directed by the City in writing.
Contractor may disclose Confidential Information in connection with a judicial or administrative
proceeding to the extent such disclosure is required under law or a court order, provided that
the City shall be given prompt written notice of such proceeding if giving such notice is legally
permissible.
31.Suspension of Work
The City may suspend, in writing by certified mail, all or a portion of the Service under this
Agreement if unforeseen circumstances beyond the City's control are interfering with normal
progress of the Service. The Contractor may suspend, in writing by certified mail, all or a
portion of the Service under this Agreement if unforeseen circumstances beyond Contractor's
control are interfering with normal progress of the Service. The Contractor may suspend
Service on the Project in the event the City does not pay invoices when due, except where
otherwise provided by this Agreement. The time for completion of the Service shall be
extended by the number of days the Service is suspended. If the period of suspension
exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both
Page 12 of 18
Rev. 8-16-23
parties are granted the option to terminate the Service on the suspended portion of Project in
accordance with Section 16.
32.Provision of Services
The Contractor shall provide the services set forth herein with all due skill, care, and diligence,
in accordance with accepted industry practices, standards and legal requirements, and to the
City 's satisfaction; the City's decision in that regard shall be final and conclusive. The City
may inspect, observe and examine the performance of the services performed on City
premises at any time. The City may inspect, observe and examine the performance of
Contractor's services at reasonable times, without notice, at any other premises.
a. If the City notifies the Contractor that any part of the services rendered are
inadequate or in any way differ from the Contract requirements for any reason, other
than as a result of the City's default or negligence, the Contractor shall, at its own
expense, reschedule and perform the services correctly within such reasonable time
as the City specifies. This remedy shall be in addition to any other remedies
available to the City by law or in equity.
b. The Contractor shall be solely responsible for controlling the manner and means by
which it and its Contracted Personnel or its subcontractors perform the services, and
the Contractor shall observe, abide by, and perform all of its obligations in
accordance with all legal requirements and City work rules.
33.Notice of Change in Financial Condition
If, during the Contract Term, the Contractor experiences a change in its financial condition that
may affect its ability to perform under the Contract, or experiences a change of ownership or
control, the Contractor shall immediately notify the City in writing. Failure to notify the City of
such a change in financial condition or change of ownership or control shall be sufficient
grounds for Contract termination.
34.Assignment
This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred
in whole or in part by Contractor to any other person or entity without the prior written consent
of the City. In the event that such prior written consent to an assignment is granted, then the
assignee shall assume all duties, obligations, and liabilities of Contractor stated herein.
35.No Conflict of Interest
Contractor represents that it or its employees do not have any interest and shall not hereafter
acquire any interest, direct or indirect, which would conflict in any manner or degree with the
performance of this Contract. Contractor further covenants that it will not hire anyone or any
entity having such a conflict of interest during the performance of this Contract.
36.Contract Preservation
If any provision of the Agreement, or the application of such provision, shall be rendered or
declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps,
Page 13 of 18
Rev. 8-16-23
actions or results, the remaining parts or portions of this Agreement shall remain in full force
and effect.
37.Promotional Advertising / News Releases
Reference to or use of the City, any of its departments, agencies or other subunits, or any
official or employee for commercial promotion is prohibited. News releases pertaining to this
procurement shall not be made without prior approval of the City. Release of broadcast e-
mails pertaining to this procurement shall not be made without prior written authorization of the
contracting agency.
38.Time is of the Essence
Timely provision of the services required under this Contract shall be of the essence of the
Contract, including the provision of the services within the time agreed or on a date specified
herein.
39.Expansion clause
Any resultant contract may be further expanded by the Purchasing Manager in writing to
include any other item normally offered by the Contractor, as long as the price of such
additional products is based on the same cost/profit formula as the listed item/service. At any
time during the term of this contract, other City departments may be added to this contract, if
both parties agree.
40.Patent Infringement
The contractor selling to the City the articles described herein guarantees the articles were
manufactured or produced in accordance with applicable federal labor laws. Further, that the
sale or use of the articles described herein will not infringe any United States patent. The
contractor covenants that it will at its own expense defend every suit which shall be brought
against the City (provided that such contractor is promptly notified of such suit, and all papers
therein are delivered to it) for any alleged infringement of any patent by reason of the sale or
use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in
any such suit.
41.Warranty
Unless otherwise specifically stated by the Proposer, Contractor warrants that all goods and/or
services furnished under this contract are warranted against defects by the Proposer for one
(1) year from date of receipt, are new, conform strictly to the specifications herein, are
merchantable, good workmanship, free from defect, are fit for the intended purpose of which
such goods and services are ordinarily employed and if a particular purpose is stated in a
Special Condition, the goods are then warranted as for that particular purpose. Contractor
further warrants that no violation of any federal, state or local law, statute, rule, regulation,
ordinance or order will result from the manufacturer, production, sale, shipment, installation or
use of any other goods. Contractor's warranties (and any more favorable warranties, service
policies, or similar undertaking of Contractor) shall survive delivery, inspection, and
acceptance of the goods or services.
Page 14 of 18
Rev. 8-16-23
42.Access and Review of Contractor's Facilities
The City may visit and view any of the offices, premises, facilities and vehicles of the Contractor
and/or Contractor's Subcontractor upon request and reasonable notice during the term of the
Contract and Contract renewals/extensions.
43.Facility Security
The City may prohibit entry to any secure facility, or remove from the facility, a Contract
employee who does not perform his/her duties in a professional manner, or who violates the
secure facility's security rules and procedures. The City reserves the right to search any
person, property, or article entering its facilities.
44.Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or
condition of this Contract shall not impair the right of the party not in default to avail itself of
any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict
performance of any agreement, covenant or condition of this Contract, or to exercise any right
herein given in any one or more instances, shall not be construed as a waiver or relinquishment
of any such agreement, covenant, condition or right.
45.Integration
This Contract, along with the City of Yakima's RFQ #12342Q and Scope of Work (Domestic
Water Rate & Fee Study 2024) and the Contractor's response to the Request for Qualifications
("RFQ"), represents the entire understanding of the City and Contractor as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This Contract may not be modified or altered except
in writing signed by both parties.
46.Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes,
epidemics, pandemics, war, riot, delay in transportation or railcar transport shortages, provided
Contractor notifies the City immediately in writing of such pending or actual delay. Normally,
in the event or any such delays (acts of God, etc.) the date of delivery will be extended for a
period equal to the time lost due to the reason for delay.
47.Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of
Washington.
48.Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of
competent jurisdiction in Yakima County, Washington.
Page 15 of 18
Rev. 8-16-23
49.Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that they
have been fully authorized by Contractor to execute this Contract on its behalf and to legally
bind Contractor to all the terms, performances and provisions of this Contract.
50.Change or Notice
Any alterations, including changes to the nature of the service, made to the Contract shall be
rendered in writing and signed by both responsible parties; no changes without such signed
documentation shall be valid. No alterations outside of the general scope and intent of the
original Request for Proposals or in excess of allowable and accepted price changes shall be
made.
In no event shall the Contractor be paid or be entitled to payment for services that are not
authorized herein or any properly executed amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three (3) business
days of any change in ownership of the facilities of the Contractor or of the facilities of any
subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no
event later than three (3) business days, after any decision by the Contractor to change or
discontinue service that will affect services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the
extent required to accommodate a change in governing law or policy that, in the sole discretion
of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder,
or renders performance, enforcement or compliance with the totality of the Contract
impossible, patently unreasonable, or unnecessary.
Notices and demands under and related to this Contract shall be in writing and sent to the
parties at their addresses as follows:
TO CITY: TO CONTRACTOR:
Mike Shane Tage Aaker
Water/Irrigation Manager Senior Project Manager
City of Yakima FCS GROUP
2301 Fruitvale Blvd. Redmond Town Center
Yakima WA, 98902 7525 166th Ave. NE
Suite D-215
Redmond, WA 98052
51.Survival
The foregoing sections of this Contract, 1-51 inclusive, shall survive the expiration or
termination of this Contract in accordance with their terms.
Page 16 of 18
Rev. 8-16-23
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first
above written.
CITY OF YAKIMA FCS GROUP
By:atiste
Pr` l.d.
-t-
City Manager
Date: Date:
1
P‘gy\CI IPi . V►�na�Gne-
Attest: int name)
p '( .K 1 1
i; ' (11. I _*. 41
3FAI *
City Clerk �� `i`Gjo'
CITY CONTRACT NO: .4� I� • 9
RESOLUTION NO: " •
List of Exhibits attached to this contract
Exhibit A— RFQ Specificatons
Exhibit B - Deliverables and Payment Schedule of Itemized Prices
Page 17 of 18
Rev. 8-16-23
EXHIBIT A
RFQ Specifications
(Separate Attachment)
Add detailed task order budget breakdown
EXHIBIT B
Deliverables and Payment Schedule of Itemized Prices
(From Contractor's Proposal)
Page 18 of 18
Rev. 8-16-23
F)( H I BIT A Established in 1988
•••) FCS GROUP Washington 1425.867.1802
• /5251661,Ave NE,Ste D-215 Oregon 1503.841.6543
Solutions-Oriented Consulting Redmond,Washington 98052 Colorado 1 719.284 9168
CITY OF YAKIMA
DOMESTIC WATER RATE & FEE STUDY 2024
On November 9, 2023,the City of Yakima(City) notified FCS GROUP that they had been selected
to conduct the City of Yakima Domestic Water Rate& Fee Study (Study). The following work tasks
have been developed to complete the study and are based on a conversation with Mike Shane on
November 30, 2023. The Study is needed to update the financial plan and rate forecast as the final
year in the City's previous rate study forecast is 2023. The City plans to hold rates at their current
levels through 2024 and anticipates that the results of this current Study will be adopted in the fall of
2024, effective January 1, 2025.
The City's last formal capital planning effort was completed in 2017, and since then, new projects
have been identified (e.g., street projects with a water utility component). Additionally, the City
anticipates needing resources to fund a more robust replacement program for aging cast iron pipe,
much of which is between 80-100 years old. For example,the City was recently required to respond
to multiple emergency main breaks that has resulted in the need to replace 1,300 lineal feet of water
main.
This study is comprised of the following key technical tasks:
• Revenue requirement: How big does the pie need to be?(Revenue sufficiency)
• Cost-of-service: How does the pie get sliced among customer classes? (Rate equity)
• Rate Design: Is there an alternative to the City's uniform rate per unit of consumption that would
better encourage water conservation during the peak watering season?(Water conservation)
• Connection charge: What level of connection charges would allow for growth to pay for its share
of the cost of infrastructure? (Cost-based system buy-in for new customers)
• Miscellaneous Fees: Are the City's miscellaneous fees adequately covering the costs of providing
services that are directly attributable to individual customers?
TASK PLAN
Task 1 I Project Kickoff Meeting & Data Collection
This kickoff meeting will provide an opportunity for the project team to identify and discuss key
policy and technical issues to be addressed in the study, along with further data questions if needed.
Submit a written request for the data needed to complete the study. FCS GROUP will review and
analyze the data received and identify any data limitations, gaps, or issues of concern.
Deliverables to include:
• Prepare for and participate in one (1)remote project kickoff meeting with City staff.
• Request the necessary information needed to perform the study.
City of Yakima January 2024
Domestic Water Rate & Fee Study page 2
• Follow-up data request and ask clarifying questions as needed.
• Perform project set-up activities, work paper documentation, internal scheduling and workload
planning, invoicing, client correspondence, and other miscellaneous tasks throughout the study.
Task 2 I Revenue Requirement Forecast
The revenue requirement is the total amount of rate revenue needed to meet capital, operating, debt
service (if applicable), and policy-driven commitments.
• Using an Excel spreadsheet model, and with the input of City staff, FCS GROUP will construct
an analytical model to project operating and capital revenue requirements for up to 20 years. The
model will be constructed with user-friendliness in mind and will accommodate the user entry of
key data.
• Up to three distinct scenarios for up to a twenty-year study period. Scenarios could be based on
capital plans that vary in cost, timing, and or priority. Changes in service levels that impact
operating expenditures could also be considered if that data is provided by City staff; e.g.,
additional staffing and/or programmatic requirements to meet existing or anticipated regulatory
requirements or additional staffing requirements needed to execute the capital plan.
Deliverables to include:
• Construct the revenue requirements analysis and model (electronic [Excel]).
• Up to three distinct scenarios for up to a twenty-year study period.
Task 3 I Cost of Service Analysis
The cost-of-service analysis is an evaluation, based on available engineering and customer
information, of how the City should recover costs from customer classes. If the revenue requirement
analysis determines the size of the pie, the cost-of-service analysis determines how you slice it
among customers. The results of the cost-of-service analysis will be updated rates that equitably
charge utility customers based on the unique demands of their class.
After we allocate the functionalized costs to customer classes, we can compare what the distribution
of the rate burden should be (according to the cost-of-service analysis) with what the distribution of
the rate burden actually is (according to recent billing data). Ideally, a COSA is needed to inform rate
design changes (Task 4).
Deliverables to include
• Customer billing data analysis. To ensure the quality and reliability of the cost-of-service
analysis, FCS GROUP will examine the customer statistics provided for the domestic water
utility. This task will include a"Price-Out" of rate revenue by customer class under existing rates
to validate the underlying customer data set for use in assessing cost-of-service shifts and
designing rate structures. This is a critical process in a cost-of-service rate study to provide the
baseline for analyzing the current distribution of costs by customer class in comparison to any
indicated shifts in the distribution of costs resulting from the cost-of-service analysis.
» Apply prevailing rates to the customer statistics and calculate revenues by customer class.
• These calculated revenues are tested against actual reported revenues by customer class to
determine if the underlying data set is valid.
••••> FCS GROUP www.fcsgroup.com
City of Yakima January 2024
Domestic Water Rate&Fee Study page 3
» Depending on the initial outcome,this could include follow-up with City staff to determine
potential reasons for any significant discrepancies before moving forward with rate design.
• Functional Cost Allocation. Drawing upon FCS GROUP and City staff's knowledge, planning
documents, and industry experience, apportion the annual revenue requirement to the major
functions of the water utility, which might include: customer, base demand, peak demand, and
fire protection.
• Cost Classification. Establishes a rational relationship between functions (activities) and costs.
Each line item of the revenue requirement is allocated to each function based on how those
expenses serve the system. For example, utility billing costs and postage& freight are attributed
all to the customer function, while the salaries and benefits for an FTE might have some costs
allocated across multiple functions.
• Customer Class Distinctions. Identifies the customer classes that will be evaluated as part of the
study. Existing, as well as new or revised customer classes or class definitions, may be
considered. It is appropriate to group customers that exhibit similar usage characteristics and
service requirements.
• Cost Allocation to Customer Classes. Allocates the costs from the functional cost allocation to
different customer classes based on their unique demands for each service as defined through the
cost classification process. For example, the cost of customer service and the act of billing the
utility's customers is based on the number of customer accounts,the cost of providing services to
support annual average water demand is based on total annual water usage, while the cost of
meeting peak water demand is based on peak-season water usage. The results identify shifts in
cost recovery by customer class from that experienced under the existing rate structure.
Task 4 I Rate Design
Rate design is the third and final technical step in utility rate setting. The first two technical steps
(revenue requirement, Task 2, and the cost-of-service analysis, Task 3) provide the revenue targets
for rate design. The principal objectives of rate design are to implement rate structures that collect
the appropriate level of revenue and that are reasonably aligned with cost-of-service and other City
policy objectives such as encouraging water conservation. Based on discussions with City staff the
following rate design elements are assumed to be included:
1. Cost-of-Service Adjustments Applied "Across-the-Board". If the COSA determines that one group
of customers is subsidizing another group of customers, this alternative rate design will provide a
set of rates that will correct the balance, possibly over a multi-year period. Hypothetically, if the
overall revenue needs are 5% per year and it is found that single-family customers are
subsidizing commercial customers, then it could be that single-family rates increase at 4% per
year and commercial rates increase at 7%per year. These percentage rate adjustments would be
applied to the existing rate schedule applicable to each customer group. One outcome of this
approach is that what is currently a uniform rate structure applicable to all customers (same
meter-based ready-to-service charges and same unit of consumption charges) could result in
unique rate structures for each class(e.g., single-family, multi-family, commercial, etc.)
2. Cost-of-Service Adjustments but Keep Same Ready-to-Serve Schedules. As an alternative to
Option 1, the City might consider keeping a uniform ready-to-service schedule and recovering
the remaining revenue needs from each class via a unique unit of consumption charge per class.
***�> FCS GROUP www.fcsgroup.com
City of Yakima January 2024
Domestic Water Rate&Fee Study page 4
3. Option 2 plus Block Rates for Single-family Residential Customers. This option would use the same
ready-to-serve charges, the same unit of consumption charges for non-single-family residential
classes, but create a block rate structure for single-family customers.
Each of the three alternative rate designs will be compared to an across-the-board approach
(developed under Task 2), which applies the annual revenue adjustments indicated in Task 2 to the
City's existing rate structure(both fixed and variable rates). This maintains the existing rate structure
and serves as a point of comparison to the three alternative rate designs. The following exhibit shows
example numbers only of what the different options might mean for the rate structure.
Exhibit-Hypothetical Design Outcomes to Illustrate Differences
Rate Design-Option 1 Example Rate Design-Option 2 Example Rate Design-Option 3 Example
Ready to Serve Charge Current SFR MFR COMM SFR MFR COMM SFR MFR COMM
3/4" $26.36 $27.41 $27.15 $28.21 $27.15 $27.15 $27.15 $27.15 $27.15 $27.15
1" $33.26 $34.59 $34.26 $35.59 $34.26 $34.26 $34.26 $34.26 $34.26 $34.26
1-1/2" $51.75 $53.82 $53.30 $55.37 $53.30 $53.30 $53.30 $53.30 $53.30 $53.30
Unit of Consumption Charge $2.18 $2.27 $2.25 $2.33 $2.45 $2.25 $2.52 $2.25 $2.52
Unit of Consumption Charge
Block 1 $1.84
Block 2 $2.45
Block 3 $3.06
Deliverables to include:
• Up to three (3) distinct rate design scenarios (as noted above).
• A comparison of customer bills will be generated describing the number of and degree to which
different sample customers are impacted by changes to the current rate structures.
Task 5 I Domestic & Distribution Connection Charges
Connection charges are imposed on new development and certain redevelopment to promote a
proportional share of the cost between new and existing customers by recovering a proportional share
of the cost of system facilities from growth as it occurs.
This task will calculate legally defensible connection charges for consideration. A connection charge
benchmarking survey of up to six jurisdictions in the region will be conducted. This task assumes
that two connection charge schedules will be calculated: domestic (related to supply,treatment,
transmission, storage, and pumping of domestic water) and distribution(facilities related to the
distribution of domestic water). This task does not assume any changes to the way the City currently
scales up its charges (based on meter size).
Deliverables to include:
• Calculate the existing and future cost basis. The existing cost basis includes the original cost of
existing system assets (net of donated facilities and grants), plus applicable interest on those
assets. The future cost basis includes allowable capital projects identified in the capital plan.
• Estimate the capacity of the City's domestic and distribution systems, based on input from City
staff and the City's 2017 Water System Plan.
• Calculate the maximum allowable charge per meter capacity equivalent(MCE); calculate a
schedule of domestic and distribution connection charges by meter size.
• FCS GROUP www.fcsgroup.com
City of Yakima January 2024
Domestic Water Rate&Fee Study page 5
• Develop a single-family charge comparison for up to six(6)jurisdictions chosen by City staff.
Task 6 I Updated Selected Miscellaneous Fees
This task will evaluate existing miscellaneous user service fees and identify additional areas where a
new fee may be appropriate. Based on discussions with City staff and the City's Master Fee
Schedule, miscellaneous fees might include service line installation fees, meter installation fees, bulk
/fire hydrant water assembly rental /meter use charge(daily) fees, late fees (per day), engineering
fees, etc. For each type of fee, perform the following:
• Develop staff time and materials cost estimates, by type of fee.
• Develop hourly rates for affected positions.
• Create an overhead factor, which could include departmental general management and
administrative time that can be allocated to an individual service fee.
• Calculate recommended fees.
We will rely on City staff to provide time estimates by fee, describe what staff works on each type of
fee service, and what types of material, equipment, and or vehicles are used for each service.
Deliverables to include:
• Calculate up to six(6) miscellaneous fees.
Task 7 I City Staff Review Meetings
FCS GROUP will prepare for and meet with City staff up to four(4)times to present findings and
receive input and direction.
Deliverables to include:
• Prepare for and attend one (1) onsite review meeting with City staff to review results.
• Prepare for and attend three (3) remote review meetings with City staff to review results.
Task 8 I City Council Meetings
FCS GROUP will prepare for and meet with the City Council up to two times to present findings.
Deliverables to include:
• Provide preliminary draft PowerPoint content to the City for preliminary review.
• Provide draft and final PowerPoint content for City Council meetings (electronic [PowerPoint]).
• Participate in up to one (1) onsite iity Council meeting.
• Participate in up to one (1) remote City Council meeting.
Task 9 I Documentation
FCS GROUP will document findings in a comprehensive study report, in FCS GROUP format, and
provide a copy of the spreadsheet analyses for future use by City staff.
• Draft Report. FCS GROUP will provide up to two (2) draft report iterations for City review. The
draft report will summarize the methodology and analysis undertaken in completing the project,
the results and conclusions of the study, and noted recommendations.
4*:) FCS GROUP www.fcsgroup.com
City of Yakima January 2024
Domestic Water Rate&Fee Study page 6
• Final Report. Submit a final report incorporating comments received from the City FCS GROUP
will submit one electronic copy.
• Spreadsheet Model. FCS GROUP will deliver to the City a final copy of the Excel-based
spreadsheet models for City use. The models will provide for I) evaluation of revenue and cost
changes on rates, 2) analysis of fiscal policy implementation options, 3) analysis of changes in
economic and financial indicators, 4) rate smoothing, and 5) variances to any other key rate study
inputs including the capital plan, the operating budget, etc.
Deliverables to include:
• Provide draft& final study report(electronic [Word or PDF]).
• Provide final analytical model (electronic [Excel]).
SCHEDULE
The timeframe for completing the study will depend on various factors including the timeliness of
receiving data,the relative quality and completeness of data, and the ability to schedule meetings in a
timely manner. A study schedule will be developed in collaboration with the project team as part of
the initial kick-off meeting. Based on our initial discussion with Mike Shane, our understanding is
that the schedule would resemble the following:
• Data gathering by City: January—March 2024
• Analysis by FCS GROUP: February —August 2024
• Review meetings with City staff: May —August 2024
• Council presentation development and attendance: September—November 2024
BUDGET
The table below summarizes our estimated cost to complete the task plan. The detailed estimates by
task are for planning purposes only —the "not to exceed" amount refers to the total contract, not any
given task.
•: FCS GROUP www.fcsgroup.com
City of Yakima January 2024
Domestic Water Rate&Fee Study page 7
City of Yakima - Domestic Water Rate & Fee Study 2024
Consultant Hours
Principal Manager Consultant Admin Hours Budget
Task Description $295 $235 $190 $95
Task 1 Project Kickoff Meeting&Data Collection
Project kickoff meeting(1 remote) 2 2 2 6 $ 1,440
Data request&Follow-up 1 4 5 $ 995
Project adm inistration 1 6 3 10 1,990
$ 4,425
Task 2 Revenue Requirement Forecast
Construct analytical model 2 2 $ 380
Fiscal policy framework 1 2 3 615
Update operating forecast 1 8 9 1,755
Develop updated capital funding strategy 1 10 11 2,135
Project baseline revenue requirements 1 4 20 25 5,035
Up to three scenarios 1 2 8 11 2,285
$ 12,205
Task 3 Cost of Service Analysis
Customer billing data analysis 4 24 28 $ 5,500
Functional cost allocation 1 1 6 8 1,670
Cost classification 1 1 6 8 1,670
Customer class distinction 1 1 2 4 910
Cost allocation to customer classes 1 1 6 8 1,670
$ 11,420
Task 4 Rate Design
Rate design alternatives(three) 1 4 20 25 $ 5,035
Sample Bills 1 3 4 805
$ 5,840
Task 5 Domestic and Distribution Connection Charges
Develop existing facilities cost base for domestic/distribution 2 16 18 $ 3,510
Develop future facilities cost base for domestic/distribution 1 4 14 19 3,895
Develop capacity base for domestic/distribution 1 4 12 17 3,515
Calculate charge schedule for domestic/distribution 1 1 7 9 1,860
Develop charge comparison survey 1 3 4 805
$ 13,585
Task 6 Update Selected Miscellaneous Fees
Develop staff time&materials cost estimates 1 6 7 $ 1,375
Develop hourly rate for affected positions 1 4 5 995
Updated overhead factor 1 1 4 6 1,290
Calculate recommended fees(up to 6) 1 2 6 9 1,905
$ 5,565
Task 7 City Staff Review Meetings
Staff review meetings(1 onsite) 8 8 16 $ 4,240
Staff review meetings(3 remote) 6 6 6 18 4,320
$ 8,560
Task 8 City Council Meetings
City Council presentation materials 2 6 16 1 25 $ 5,135
City Council meeting(1 onsite) 8 8 16 4,240
City Council meeting(1 remote) 4 4 4 12 2,880
$ 12,255
Task 9 Documentation
Spreadsheet model 1 2 3 $ 615
Draft report 2 6 24 32 6,560
Final report 1 3 4 805
$ 7,980
Study Budget 45 88 250 4 387 $ 81,835
•:;> FCS GROUP \," ,ti.1c ,�1„up.c.,,
EXHIBIT B
FCS GROUP
2024 STANDARD FEE SCHEDULE
Effective December 4, 2023
LABOR'
POSITION/TITLE BILLING RATE
Principals Standard Rate $250 - $295
Project Managers Standard Rates $205 - $235
Consultants Standard Rates $155 - $190
Administrative and Technical Support
Public Relations $170
Technical Writer/Graphic Artist $145
Administrative Support $ 95
DIRECT EXPENSES
Major direct expenses, such as travel, mileage, and lodging, will be charged at cost. Other expenses
will not be directly charged unless by mutual agreement of the client and FCS GROUP and specific
terms will be established in advance prior to expenditure and billing.
SUBCONSULTANTS
When applicable, subconsultants will be charged at invoiced cost plus 10%.
These rates may be adjusted no more than once in any 12-month period, beginning with the
"Execution Date" of this Agreement, unless otherwise provided.
' Litigation rates are 150% of standard hourly rates for services in support of direct litigation,
settlement negotiations, arbitration and/or mediation processes.
•I C GROUP www.fcsgroup.com
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
1/25/2024
PRODUCER
SHINSTROM & NORMAN INC
PO Box 638
Kirkland, WA 98083
�(425)827-6200
INSURED FINANCIAL CONSULTING SOLUTIONS
GROUP, INC.
7525 166TH AVENUE NE, STE #D-215
REDMOND, WA 98052
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A: LIBERTY MUTUAL INS.
INSURER B. ...
INSURER C
INSURER D
INSURER E
LNAIC#
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS..
INSR
LTR
ADD'L
INSRD a
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE(MM/DD/YY) DATE (MM/DD/YY)
j GENERAL LIABILITY
Li-1 COMMERCIAL GENERAL LIABILITY I
•
CLAIMS MADE OCCUR
1BKW58035312
NO DEDUCTIBLE
GEN'L AGGREGATE LIMIT APPLIES PER:;
POLICY 7 PE LOC
09/20/23 09/20/24
EACH OCCURRENCE
—DAMAGE RDKEN ltu
I PREMISES (Ea acuurerece)
MED EXP (Any one person)
$
$
PERSONAL &ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP A
1,000,000
1,000.000
15.000
1,000,000
2 , 000.,000
2,.00.0.,000
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
X
X
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
NO DEDUCTIBLE
GARAGE LIABILITY
ANY AUTO
BAA58035312
09/20/23
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY
f (Per person)
09/20/24 € BODILY INJURY
(Per accident)
1,000,000
PROPERTY DAMAGE
(Per accident)
AUTO ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY
EA AC
A
EXCESS/UMBRELLA LIABILITY
X OCCUR CLAIMS MADE
X
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PR PRIETORIPARTNER,EXECUTIVE
A OFFICER/MEMBER EXCLUDED?
Byes, describe under
SPECIAL PROVISIONS below
IUS058035312
10.000
IBKW58035312
IWASH. STOP GAP
09/20/23 09/20/24
'09/20/23 09/20/24
EACH OCCURRENCE
AGGREGATE
$
2,000,000
2,000.,.000f
X
WC STATU-
TORY LIMITS
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E L. DISEASE - POLICY LIM/T
OTHER BUSINESS
A PERSONAL
PROPERTY
1,BKW58035312
I09/20/23 09/20/24
$ 1,000,000
$ 1,000,000
$ 2,000,000
SPEC FORM / RC
$250,507 LIMIT
$500 DEDUCTIBLE
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
City of Yakima Public Works, its elected and appointed officials, employees, agents,
attorneys and volunteers are named as Primary additional insured per form CG8810.
Umbrella forms CU8840 and CU8920 list City of Yakima Public Works as primary additional
insured and includes Waiver of Transer...of Ricrhts.
CERTIFICATE HOLDER
CITY OF YAKIMA PUBLIC WORKS
2301 Fruitvale Blvd.
Yakima, WA 98902
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FA/LURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TKE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001 /08)
ACORD CORPORATION 1988
ACORDTM CERTIFICATE )F LIABILITY INSURANC DATE INIi;/DO Y)
1/7/2024
PRODUCER
SHINSTROM & NORMAN INC
PO Box 638
Kirkland, WA 98083
(4,25) 827-_62Q..o_ �_
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
INSURED FINANCIAL CONSULTING SOLUTIONS
GROUP, INC.
7525 166TH AVENUE NE, SUITE D-215
REDMOND, WA 98052
COVERAGES
INSURERS AFFORDING COVERAGE
INSURER A: STAR$ QNENATIONAL INSIBANCE CO.
INSURER B
INSURER C:
INSURER D:
INSURER E:
NAIL:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES: AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR DATE (MM/DD/YYl DATE (MM/DD/YYI
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
GENII_ AGGREGATE LIMIT APPLIES PER.
POLICY PRO- LOC
JECT
ITS
EACH OCCURRENCE
FIRE DAMAGE (Any one fro)
MED EXP (Any one (perTttl
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP ADG $
$
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY.
A
EXC
ESS LIABILITY
OCCUR
DEDUCTIBLE
RETENTION
CLAIMS MADE
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
EACH OCCURRENCE
AGGREGATE
WC STt'TU-
TORY LIMITS
E.L. EACH ACCIDENT
R
E L. DISEASE - EA EMPLOYEE $
E L. DISEASE - POLICY LIMPT < $
OTHER
PROFESSIONAL
I LIABILITY
ME000052441P12 09/20/23
CLAIMS MADE FORM
09/20/24
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RETROACTIVE DATE: 7/26/1988
$2,000,000 EACH CLAIM
$4,000,000 AGGREGATE
S . 5, 000 DEDUCTIBLE
CERTIFICATE HOLDER
ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
CITY OF YAKIMA PUBLIC WORKS
2301 Fruitvale Blvd.
Yakima, WA 98902
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4 5 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESEENTpTiyES,
AUTHORIZED RE
ACORD 25-S (7/97) 0 ACORD CORPORATION 1988
MMERCIAL GENE .+;L LIABILITY
C 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
- SUBJECT
NON -OWNED AIRCRAFT
- NON -OWNED WATERCRAFT
q.
- PROPERTY DAMAGE LIABILITY - ELEVATORS
iniIMASMISO
INDEX,
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)
MEDICAL PAYMENTS EXTENSION
EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B
ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT
PAGE
2
2
3
3
PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5
ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"
WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN
INSURED - FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
KNOWLEDGE, OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
LIBERALIZATION CLAUSE
BODILY INJURY REDEFINED
EXTENDED PROPERTY DAMAGE
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
7
CG 88-10 04 13
® 2013 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8
With respect to coverage afforded by this end0reement, the provisions of the policy apply unless modified by
the endorsement.
A. NON -OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section |-Covmragm A-Bodi|y Injury And Property Damage Liobi|ity,
exclusion g. Ain:raft. Auto Or Watercraft does not apply to an aircraft provided:
1. It is not owned by any insured;
2. It is hired, chartered or loaned with abained paid crew;
3. The pilot in command holds aourrenUy effective oertifioata, issued by the duly authority of
the United States of America or Canada, designating her orhim aoommaroia| or airline pilot; and
4. It is not being used to carry persons or property for acharge.
However, the insurance afforded by this provision does not apply if there in available to'the insured other
valid and collectible inaunanoe, whether primary. excess (other than insurance written to apply specifically
in excess of this po|ioy), contingent or on any other baaio, that would also apply to the loss covered under
this provision.
B. NON -OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability,
Subparagraph (2) of exclusion Q.Ajn:raft' Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
(2) Awateror8ft you do not own that is:
(o) Less than 52feet long; and
(b) Not being used to carry persons or property for acharge.
C. PROPERTY DAMAGE LIABILITY -ELEVATORS
'
1' Under Paragraph 2. Exclusions of Section | 'Coverege ^u ' Bodily Injury And Property
Liabil-
ity, Subparagraphs (3). (4) and (G) of exclusion j. Damage To Property do not apply if such "property
damage" results from the use of elevators. For the purpose of this provia|on, elevators do not include
vehicle lifts. Vehicle |i#a are lifts or hoists used in automobile service or repair operations'
2. The following is added to Section |V ' Commercial General Liability Condidone, Condition 4. Other
Insurance, Paragraph b.Excess Insurance:
The insurance afforded by this provision of this endorsement is excess over any property insurance,
whether primary, excess, contingent or on any other basis.
D. EXTENDED `DAMAGE TQPROPERTY RENTED TQYOU (Tenant'sProperty Damage)
If Damage To Premises Rented To You is not odhomiao excluded from this Coverage Pad:
1. Under Paragraph 2.Exclusions ofSection !' Coverage A - Bodily Injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j.Domege To Property is replaced -by the follow-
ing:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage
by fire. |ighthihg, oxp|ooion, smoke, or leakage from an automatic five protection system) to:
(i) Premises rented to you for o period of 7or fewer consecutive days; or
(ii) Contents that you rent or lease as part of a premises rental or lease agreement '".for mpariod of
more than 7days.
Paragraphs U (3) and (4) of this exclusion do not apply to "property to contents ,of
premises rented to you for aperiod nf7o,fewer consecutive days.
A separate limit of insurance applies to this coverage as described in Section UU ' Limits of
Insurance.
0 2013Liborty Mutual Insurance
b. The last paragraph of_AboenUon 2.Exo|uoionm is replaced bythe .oUowing:
Exclusions o. through n. do not apply to damage by fire, |ightninQ, explosion, smoke or leakage
from automatic Ov* protection systems to premises while rented to you ortemporarily occupied by
you with permission of the owner. /\ separate limit of insurance applies to Damage To Premises
Rented To You as described in Section ||| ' Limits Of Insurance.
2' Paragraph 6under Section III -Limits Of |nsurancm is vap|aood by the :
G. Subject to Paragraph 5.above, the Damage To Premises Rented To You Limit is the most we will
pay under Coverage Ah)r damages because of "property damage" to:
o. Any one premise:
(1) While rented to you; or
(2) VVhi|a rented to you or temporarily occupied by you with permission of the owner for
damage by fine. |ightning, explosion, anoUke or leakage from automatic protection sys-
tems; or
b. Contents that you rent or lease aspart of apremieee rental or leeoe agreement.
3. As regards coverage provided by this provision O.EXTEmnED DAMAGE TO PROPERTY RENTED TO
YOU (Tenant's Property Damage) -Panagnaph Q.a.ofDefinitions is replaced with the following:
S.m. A contract for u lease of premises. Hovvever, that portion of the contract for a lease of premises
that indemnifies any person or organization for damage by fine. |ightning, explosion, smoke, or
leakage from automatic fire protection systems to premises while nanhad to ^you or temporarily
occupied by you with the permission of the owner, or for damage to contents of such premises
that are included in your premises rental orlease agreement, is not an "insured contract".
-E. MEDICAL PAYMENTS EXTENSION
If Coverage CMmdice| Payments is not otherwise excluded, the Medical Payments provided by this policy
are amended as follows:
Under Paragraph 1. Insuring Agreement of Section | ' Coverage C- Medical Payments, Subparagraph
(b) of Paragraph a. is replaced by the following:
(b) The expenses are incurred and reported within three years of the date of the and
F. EXTENSION OF SUPPLEMENTARY PAYMENTS ' COVERAGES A AND
1. Under Supplementary Payments ~Cuvmragen Aund B.Paragraph 1.bioreplaced bythe following:
b. Up to $3'000 for cost of bail bonds required because of accidents or traffic |evv viola#ono arising
out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have
to furnish these bonds.
2. Paragraph 1.d.isreplaced bythe following: -
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or "auit", including actual |oae of earnings up to $500 aday because of time
off from work.
C. ADDITIONAL INSUREDS 'BY CONTRACT, AGREEMENT QRPERMIT
1. Paragraph 3. under Section U'Who |oAnInsured is amended to include as an insured any person or
organization whom you have agreed to add as an additional insured in a written contract, written
agreement or permit. Such person or organization is an additional insured but only with respect to
liability for "bodily injury", "property damage" or "personal and advertising injury" «caused in whole
or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance
of your on going operations for the additional insured that are the subject of the written contract or
written agreement provided that the "bodily injury" or "property damage" occurs, or the "per-
sonal and advertising injury" is committed, subsequent to the signing of such written contract or
written agreement; or
0 2N3Liberty Mutual Insurance
b. Premises or facilities ited by you or used by you; or �
o. The maintenance, operation oruse byyou ofequipment rented or [eased to you by such person or
organization; or
d. Operations performed by you Or on your behalf for which the state or political subdivision has
issued a permit subject to the following additional provisions:
(1)
This insurance does not apply to "bodily injury", ad-
vertising injury" arising out of the operations performed for the state or political subdivision;
(2) This insurance does not apply to "bodily injury" or "property damage" included^~ within the
"completed operations hazard".
CU
Insurance applies to premises you own, rent, or control but only with respectto the ~~ following
(a)
The existence, mainb*nunco, repair, oonatruoUon, erection, or removaladvertising
signe, awnings, canopies, cellar entrances, 000| hD|aa^ driveways, manholes,~ mavquaea,
hoist away openinga, sidewalk wauba` street bannem, or decorations and similar expo-
sures; or
(b) The construction, erection, or removal of e|evatonn; or
(c) The ownemhip, moinVmnanoe, or use ofany elevators covered by this inuurance.
However:
1. The insurance afforded to such additional insured only applies to the extent penndka by law; and
2. If oovoxaga provided to the additional insured is required byacontract or agreommmt, the insur-
ance afforded to such additional insured will not be broader than that which you are required by
the contract or agreement to provide for such additional insured.
With respect to Paragraph 1.a. abovo, a permon'n ororg8nizadon'e status as an additional insured
under this endorsement ends when:
(1)
All work including mateha|a, parts or equipment furnished in connectionwith such work on
the project (other than service, maintenance or repairs) to be performed by nrmnbehalf of the
additional insured(s) at the location of the covered operations has been completed-, or
~ (2) That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for aprincipe| aaapart of the same project.
With rasped to Paragraph 1.b. obovo, a peroon'o or organizmUon's status as an additional insured
under this endorsement ends when their written contract or written agreement with you for such
premises or facilities ends.
With respects to Paragraph 1.c. above this insurance does not apply b>any "occurnenoe^ which takes
place after the equipment nonbo| or lease agreement has expired or you have returned such equipment
to the lessor.
The insurance provided by this endorsement applies only if the written contract or written agreement
is signed prior to the "bodily injury" or "property damage". '
We have no duty to defend an additional insured under this endorsement until we receive written
notice ofa"ouit^ by the additional insured as required in Paragraph b. of Condition 2. Duties In the
Event Of C/counance, Offenem, Claim Or Suit under Section |V 'Cmnmnmeroia| Gmnmnx| Liability Condi-
tions.
� 20131-iberty Mutual Insurance
2. With respect to the insurL a provided by this endo,oemard, the fL wing are added tm Paragraph 2.
Exclusions under Section F'Coverage A'Bodily Injury And `Property Damage Liability:
This insurance dmao not apply to:
o. "Bodily injVry" or "property damago" arising from the sole negligence ofthe additional insured.
b. "Bodily irjury" or "property damage" that occurs prior to you commencing operations at the
location where such "bodily injury" or "property damage" occurs.
u. "Bodily injury", or
render-
ing of, or the failure to rAnder, any professional archkectuno|, engineering or surveying services,
(1) The preparing, a^—ing, or failing to prepare or approve, maps` shop drawings, opinions,
neporto, ourveya, field ovdem, change orders or drawings and specifications; o, -
(2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in
the supemiaion, hihnQ, amp|oyment, training or monitoring of others by that insured, if the "occur-
rence" which caused the "bodily injury" or "property damage", or the offense whichcaused the
.'personal and advertising in]ury", involved the rendering of, or the failure to render, any professional
anohitectura|, engineering or surveying services.
d. "Bodily injury" or "property damage' occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than uomice, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
(2) That portion of "your out of which the injury or damage arises has -been put to its
intended use by any person or organization other than another contractor or
engaged in performing operations foraphndpd aaepart ofthe ,same project.
e, Any person or organization specifically designated as8nadditional insured for ongoing operations
by a separate ADDITIONAL INSURED -OWNERS. LESSEES ORCONTRACTORS endorsement is-
sued by us and made apert of this policy.
3. With respect to the insurance afforded to these additional in8ureda, the following is added to Section |V
'Linmitm Of Insurance:
If coverage provided to the additional insured is required by aconhact or agreement, the most we will
pay on behalf of the additional insured is the amount of insurance:
e. Required bythe contract or agreement; or ^
b. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement ahe|| not increase the applicable Limits of Insurance shown in the Declaratio ns.
H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this policy.
Condition 4.Other 'Insurance ^ofSECTION PK'COMMERCIAL GENERAL LIABILITY isomend-
m. The following is added to Paragraph o.Primary Insurance:
If an additional inaured'a policy has an Other Insurance provision making its policy excess, and you
have agreed in awh#en contract or written agreement to provide the additional inaured coverage on a
primary and noncontributory basis, this policy shall be primary and we will not seek co'ion from
the additional inourod'n policy for damages we cover.
CG 88 10 0413
0 2013Uberty Mutual Insurance
�
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8
b. The following is added to ^nagraph b.Excess Insurance: �
When a written contract or written agreement, other than a premises lease, facilities
agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political
subdivision between you and an additional insured does not require this insurance to be primary or
primary and non-contributory, this insurance is excess over any other insurance for which the addi-
tional insured is designated as a Named Insured.
Regardless of the written agreement between you and an additional ineured, this mooranoa is excess
over any other insurance whether phmary, oxoeoa, contingent or on any other basis for which the
additional insured has been added as an additional insured on other policies.
i ADDITIONAL INSUREDS -EXTENOEDPROTECTkQN {]FYOUR "LIMITS OF INSURANCE"
This provision applies to any person or organization who qualifies as an additional insured under any h/nn
or endorsement under this policy.
1` The following is added to Condition 3. Duties In The Event 8fOccurrence, Offense, Claim or Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense that may noou|t in aclaim or°oUb" under
this insurance to us;
b. Tender the defense and indemnity of any claim or ^ouir' to all insurerswwhom also have
insurance available to the additional insured; and
c Agree to make available any other insurance which the additional insured has for aloss we
cover under this Coverage Part.
~
m. We have no duty to defend or indemnify an additional insured under this endorsement until
we receive written notice of a "suit" by the additional insured.
2. The limits of insurance applicable tothe additional insured are those� ino`�i�on contract
or written agreement or the limits of insurance as stated in the - Declarations of this policy and
defined in Section |U ' Limits of Insurance of this po|ioy, whichever are less. These limits are
inclusive of and not in addition to the |lmiiu of insurance available under this policy.
J. WHO |SAN'INSURED ^INCIDENTAL MEDICAL ERRORS /MALPRACTICE
WHO IS AN INSURED ' FELLOW EMPLOYEE EXTENSION -MANAGEK8ENT EMPLOYEES
Paragraph 3.a.(1) of Section U ~VVhm Is An Insured is replaced with the following:
(1) "Bodily injury" or "personal and advertising ^-injury":
(a) To you, to your partners or members(if you are a partnership or joint venture), to your members (if
you are a limited liability company), to a co -"employee" while in the course of his or her employ-
ment or performing duties related to the conduct of your business, or to your other "volunteer
workers" while performing duties related to the conduct of your business;
(b) To the opouoe, ohiN, parort, brother or sister of that co -"employee" or "volunteer ` as
consequence of Paragraph (1) (a) �
(c) For which there is any obligation to share damages with or repay someone else who moat pay
damages because of the injury described in Paragraphs (1) (m) or (6)obovo; or
(d) Arising out ofhis or her providingfailing h\provide professional However,
if you are not in the business of providing prnnanumnm health care services or providing profes-
sional health care personnel to otheno, or if coverage for providing professional health care ser-
vices is not otherwise excluded by separate ondoxaemont, this provision (Paragraph (d))does not
apply.
Paragraphs (o) and (b)ebove do not apply to "bodily injury" or "personal and advertising caused by
an "employee" who is acting in aoupervionry capacity for you. Supervisory capacity as used herein means
the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ-
ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and
(�) 2013Liberty Mutual |nsuranoo
advertising injury" arising ou, their vi|Ku| oondurt, which is defined ne purposeful orwillful intent to
cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica-
tion by liquor or controlled substances. `
The coverage provided by provision J. is excess over any other valid and collectable insurance available to
your "employee".
K. NEWLY FORMED ORADDITIONALLY ACQUIRED ENTITIES
Paragraph 3' Of Section U ~m0ho hsAnInsured is replaced by the following:
3. Any organization you newly acquire or form and over which you maintain ownership or majority
intereot, will qualify as o Named Insured if there in no other uin)i|nr insurance available to that
organization. However: ^
a. Coverage under this provision is afforded only until the expiration of the policy period in
which the entity was acquired or formed by you;
h. Coverage Adoom not apply to "bodily injury" or "property damage" that occurred before you
acquired or formed the organization; and
c, Coverage B does not apply to "personal and advertising injury" arising out of an offense
committed before you acquired or formed the organization.
d. Records and descriptions of operations must be maintained by the first Named Insured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as Named Insured in the Den|eoadons or qualifies
aoaninsured under this provision.
_ FAILURE TODISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section |V ' Commercial General Liability CondUUonm, the following is added to Condition G. Repre-
sentations:
Your failure to disclose allhazards
shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or
prior "occurrences" is not intentional.
M. KNOWLEDGE OFOCCURRENCE, OFFENSE, CLAIM 0R'SUIT
Under Section P/ - Commercial General Liability Conditions, the following is added to Condition 2. Duties
|nThe Event ofOccurrence, Offense, Claim C,rSuit:
Knowledge of an ''occumanoa''. 0fenso, claim or ^uud° by an agent, servant or "employee" of any
insured shall not in itself constitute knowledge of the insured unless an insured listed =Paragraph
1. of Section || 'VVho Is An Insured or a person who has been designated by them to receive reports of
noourren000", offenoao, claims or "suits" shall have received such notice from the ageod, servant or
N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without
additional premium charge, your policy will uubomuUoa|k/ prnvdaUheoovorageaooftheday~^—naieion is
effective in your state.
0. BODILY INJURY REDEFINED
Under Section V'Definitions, Definition 3.ioreplaced bythe following:
3. "Bodily/ Injury" means physical injury, sickness or disease sustained by o person. This includes
mental anguioh, mental injury, ahook, fright or death that results from such physical injury, sick-
ness or disease.
'�) 2013Liberty Mutual Insurance
P. EXTENDED PROPERTY OAK8A,_ \ ^
`
Exclusion g. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the
a. Expected OrIntended Injury
"Bodily injury" or intended from the standpoint of the insured.
This exclusion does not apply to ^bndk/ injury" or "property damage" resulting from the use of
reasonable force to protect persons or property.
Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ' WHEN REQUIRED IN A`
CONTRACT ORAGREEMENT WITH YOU
Under Section M/ -Cmmmmoc|m| General Liability Conditions, the following is added to Condition 8, Tnane-
fmrOf Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization because of we
make for injury or damage arising out of your ongoing operations or "your w under a
contract with that person or organization and included in the "prod uuta'oomp|eted operations hazard"
provided:
1. You and that person or organization have agreed in writing in aoontract oragreement that you
waive such rights against that person or organization; and
2. The injury or damage occurs subsequent to the execution of the written contract or written agree-
ment.
0 2018bbmrty Mutual Insurance
COMMERCIAL UMBRELLA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ [TCAREFULLY.
A END ENT /OF OTHER INSURANCE -DESIGNATED
PERSONS OR ' ORGANIZATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA COVERAGE FORM
SCHEDULE
Name OfPerson OrOrganization:
City of Yakima Public Works, 2301 FznitvaIe Blvd,
Yakima, WA 98902
(information required to complete this Schedule, if not shown above, will be shown in the Declarations)
Condition 12. of Section VI - Conditions is replaced by the following:
12. Other Insurance
This insurance isexcessover and will not share or contribute/ with any "other insurance" whether
primary, excess, contingent, or on any other basis.
Hnwever, this insurance will not seek contribution from any "other insurance" available to an additional
insured shown in the Schedule, provided that:
a. The additional insured ieaNamed Insured on'such "other insurance";
b. You have agreed inawritten contract or agreement that this insurance would not seek contribution
from any "other insurance" available;
c. "Underlying insurance" includes the person or organization as an additional insured; and
d. "Underlying insurance" provides oovoxogo to the person or organization on e^phnnary and
noncontributory basis.
@ 2020Liborty Mutual Insurance
COMMERCIAL UMBRELLA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ [TCAREFULLY.
AIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST'OTHERS TOUUS.DESIGNATED PERSON OR ORGAON
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA COVERAGE FORM
^-�� Name Of Person Or Organization:
City of Yakima Public Works
��.
SCHEDULE
2301 FruitvaIe Blvd, Yakima, WA 98902
(information required to complete this Schedule, if not shown obova, will be shown in the .)
The following is added to Condition 16.Tranofer Of Rights Of Recovery ' Against Others To Us of V|
- Conditions:
Vewaive any right of recovery wamay have against the person ororganization shown in the Schedule
because of payments we make for injury or damage arising out of your ongoing operations or "your'"~work"
done under uoonboof with that person or organization and included in the "prod octs-oomp|ehed operations
hazard". This waiver applies only to the person or organization shown in the Schedule.
� 2020Uberty Mutual Insurance