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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. Page 1 of 18 Rev. 8-16-23 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 Page 2 of 18 Rev. 8-16-23 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.). Page 3 of 18 Rev. 8-16-23 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 Page 4 of 18 Rev. 8-16-23 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 Page 5 of 18 Rev. 8-16-23 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 Page 6 of 18 Rev. 8-16-23 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; Page 7 of 18 Rev. 8-16-23 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. Page 8 of 18 Rev. 8-16-23 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. Page 9 of 18 Rev. 8-16-23 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. Page 10 of 18 Rev. 8-16-23 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 Page 11 of 18 Rev. 8-16-23 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