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resolution.council.062-18
RESOLUTION #062 - (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND BOHANNAN HUSTON, INC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Professional Services: Water Distribution Model Project, between the City of Aspen and Bohannan Huston, Inc. a true and accurate copy of which is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Professional Services: Water Distribution Model Project between the City of Aspen and Bohannon Huston, Inc a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 9th day of April 2018. Steven Skadro , Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 9, 2018. Linda Manning, City Cl rk i The 014'ol9men CITY OF ASPEN STANDARD FORM OF AGREEMENT V 2009 oft 9tmme0Me PROFESSIONAL SERVICES City of Aspen Contract No.: 2018-50756 AGREEMENT made as of 91h day of April, in the year 2018. BETWEEN the City: Contract Amount: The City of Aspen c% Ryan Loebach 130 South Galena Street Total: $69,938.00 Aspen,Colorado 81611 Phone: (970)920-5079 If this Agreement requires the City to pay And the Professional: an amount of money in excess of $25,000.00 9 shall not be deemed valid Bohannon Huston, Inc until it has been approved by the City Council of the City of Aspen. clo Jerry Edwards,PE Meridian One City Council Approval: 9785 Maroon Circle,Suite 140 Englewood, CO 80122 Date:April 9,2018 Phone:(303)799-5103 Resolution No.:062 of Series 2018 For the Following Project: Water Distribution Model Project—Professional Services Exhibits appended and made a part of this Agreement:' Exhibit A: Scope of Work. Exhibit B: Fee Schedule. i Agreement Professional Services Page 0 The City and Professional agree asset forth below. . 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner.The parties anticipate that all Work pursuant to this Agreement shall be completed no later than October 26. 2018. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance0 Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and.approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause,be exceeded by the Professional. 3. Payment. In consideration of the work performed,City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto.Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized,shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors,omissions or neglect of any subcontractors' officers,agents and employees,each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. Agreement Professional Services Page 1 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services-on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment in are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents,employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers,and self-insurance pool, from and against all liability,claims,and demands,on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract,to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,professional error,mistake,negligence,or other fault of the Professional,any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional,or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury,loss,or damage was caused in whole or in part by the act, omission,or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable'to such act, omission, or other fault of the City, its officers,or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain,at its own expense,a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain Agreement Professional Services Page 2 I insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration,or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City.All coverages shall be continuously maintained to cover all liability,claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable lawslfor any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00)',disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers'Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. i (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00)aggregate with respect to each Professional's owned,hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. if the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City; its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to,that provided by Professional.No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property Agreement Professional Services Page 3 damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of.insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty(30)days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. I (f) City reserves the right to request and receive a certified copy of any policy and any_ endorsement thereto. (g) The parties hereto understand and agree that City is relying'on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence)or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seg., C.R.S., as from time to time amended,or otherwise available to City, its officers,or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- i ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written i representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, .ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Agreement Professional Services Page 4 Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The waiver�by the City of any tern, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term.No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by,Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein,this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) ' following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor(or a duly authorized official in his absence)to execute the same. 16. Illegal Aliens—CRS 8-17.5-101 &24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract,or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States. Department of Homeland Security. "Public Contract for Services"means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: Agreement Professional Services Page 5 (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii)Professional has participated or attempted to participate in the Basic Pilot Program in order to-verify that new employees are not illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract'for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien,Professional shall: (1) Notify such subcontractor and the City.of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien;and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the Agreement Professional Services Page 6 i subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102(5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) if Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of'the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 16. Warranties Against Contingent Fees,Gratuities.Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the I content of any specification or procurement standard, rendering advice, investigation, j auditing, or in any other advisory capacity in•any proceeding or application, request for I ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement,or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement: (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: Agreement Professional Services Page 7 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover,the value of anything transferred or received by the Professional;and 4. Recover such value from the offending parties. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 18. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement 'shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. 19. Electronic Sienatures and Electronic Records, This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. Agreement Professional Services Page 8 IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. CITY OF ASPE COLORADO: PROF AL: ls�lc�Nrcl ISfgnetarol By S /3M r� By: I0h00 1�)Ltq-T �18111C1 It'tmel' Title: nom_ Title: "LQ CfB3i4AQYl1 Date: Date: b2hjacikaols Approved as to form: City Attorney's Office Agreement Professional Services Page 9 IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. CITY OF ASPE t COLORADO: PROF AL: 1Is;��1 Is;s��el By: S �. . .^� By:_Jn )p 1)Lt T [Neme] IN—]' Title: C. "I yi.— Title: nmi46Qrl1 Date: Date: a1 Approved as to form: ity Attorney's Office Agreement Professional Services Page 9 Bohannan /`, Huston Meridian One n U u u � u o iJ 9785 Maroon Circle Suite 140 Englewood,CO March 29, 2018, 80112-5928 www.bhinc.com voice:303.799.5103 facsimile:303.799.5104 Ryan Loebach toll free:877.799.5103 City of Aspen 130 South Galena Street Aspen, CO 81611 Re: City of Aspen—Water Distribution Model, RFP Number 2018-50756 Dear Mr. Loebach: Bohannan Huston, Inc., (BHI) is pleased to submit the attached Scope of Services and Fee for your consideration. The following Scope of Services has been prepared with regards to the RFP prepared by the City and the proposal prepared by BHI dated February 2, 2018. The work includes the tasks associated with preparing a.calibrated water distribution model for the City of Aspen. The table below summarizes the overall project fee for the Task Order Request: Task 100: Proiect Management and QAQC $5,904.00 Task 200: Data Collection and Verification $6,030.00 Task 300: Quantify System Demands $11,494.00 Task 400: Create Hydraulic Model $21,280.00 Task 500: Field Testing and Calibration $11,352.00 Task 600: 24-hr EPS Validation Scenarios $7,740.00 Task 700: Draft, Final Report, and Model $6,138.00 Task 800: Final Model Demonstration and Training $0.00 (optional) Total Lump Sum Fee $69;938:00 The attached information has been provided with this submittal: 1. Exhibit A—Scope of Services 2. Exhibit B— Fee Schedule BHI estimates the project can be completed within 175 days of a signed notice to proceed. We appreciate the,opportunity to submit this Scope of Services and Fee to the City and are looking forward to working with you. Engineering A Spatial Data A Advanced Technologies A \\e bq-fs\ABQ-Admin\WR\Pmpo RCOLORADOWspen WDS ModellContiect Swpe Fee and ScheduleUtter_City of Aspen.docz Ryan Loebach City of Aspen March 29, 2018 Page 2 If you have any additional questions or need additional information, please feel free to call Jerry Edwards or me anytime at 303.799.5103. Sin !� t Todd Burt, PE Senior Vice President Water Systems TAB/JE/crh Enclosures NAWRVProposaRCOLORADOIAspen WDS ModehContract Scope Fee and SchedulelLeder_City of Aspen.docx EXHIBIT A CITY OF ASPEN WATER DISTRIBUTION SYSTEM MODEL CITY PROJECT NO.2018-50756 SCOPE OF SERVICES MARCH 28,2018 PAGE 1 OF 7 I General Description This Scope of Services is for the preparation of a calibrated water distribution model for the City of Aspen.The City selected Bohannan Huston, Inc. (BHI)through RFP Number 2018-50756 dated February 2, 2018. The main purpose of this project is to build and calibrate a hydraulic model of the Aspen water distribution system with which the City has a high confidence level in using for crucial decision making. Following this project, the City expects to use the model for master planning and other purposes. The detailed scope of work with this Exhibit includes the assumptions and deliverables for each Task of this project. I Task 100—Project Management and Quality Control BHI will conduct project management activities to include coordination, direction, and management of schedule and budget. Project management activities include project accounting (including task budget status), invoicing,scheduling, communications, and preparation of monthly reports. BHI will provide the following services as part of this task: • Prepare Project Management Plan—Develop a Project Management Plan to set forth project procedures and define individual responsibilities, schedules, milestones, deliverables, and task budgets. The Project Management.Plan will include a Quality Assurance and Quality Control Plan. f Coordinate and Conduct Kickoff Meeting with City—Provide meeting minutes to City •. following meeting.The meeting will be used for typical kick-off topics including finalizing the project schedule,.project management plan, task priorities, and stakeholder responsibilities.The meeting will be used to identify and Introduce the project team members from the City, BHI, and Citil-ogics. It will also be used to identify the sources and methods of collecting historical and on-going data.The meeting will include a technically focused discussion that will explore specific project goals, issues, data needs, as well as discuss the model update and scenarios and existing water quality issues including past steps taken to resolve these issues. • Monthly Status Reports—Provide monthly project status reports to keep City informed ; of progress on the project. i • Project Management—Management of project accounting, scheduling and budget tracking, and maintenance of project files. • BI-Weekly Meetings—Attendance at meetings with the City via Skype every two . weeks. Project Meetings and Workshops—Field testing and workshops will be coordinated to also provide in-person project meetings at City offices throughout the project.The I number and timing of each meeting is shown on the MSProject schedule included with this exhibit. I Ila- bq-fslABO-AdMnVWRIProposaP,COLORADOIAspan WDS Mc deAGmtract Scope Fee end SchedutelContract SAIEIt•Scope ofSeMces.docx I EXHIBIT A CITY OF ASPEN WATER DISTRIBUTION SYSTEM MODEL CITY PROJECT NO. 2018-50756 SCOPE OF SERVICES MARCH 28,2018 PAGE 2 OF 7 Assumptions • Six-month project duration 'I j • Progress meetings every two weeks via web-based conference call when not i I meeting in Aspen • Three project meetings at City offices under other tasks • Initial project kick-off,meeting will be via web-based conference call Deliverables • Project Management Plan • Monthly project invoices with status reports • Progress meeting minutes I • Work meeting minutes consisting of a Decision Log and Action Item list Task 200—Data Collection and Verification This task involves developing and maintaining a data collection plan and review and preparation of background information with data related to the study. BHI will track received data and determine if further data needs are necessary as the project progresses. In general,data will be requested under four major categories:general background data,facility data, demand data, and operational data.A data request memorandum will be prepared and updated throughout the project, and it will be reviewed with the City at regularly scheduled progress meetings.An example data request memorandum, and the general Information to be requested, is summarized below. ' • Previous master plans and studies—received during proposal • Existing InfoWater hydraulic model I • Existing GIS including contour Information and other background data as available • As-built drawings and site plans • Pump performance curves and recent tests • PRV settings and details on any other control valves • Customer billing data for model demand allocation • Summary table of total metered sales for the previous 10 years • Summary table of average day and maximum day production for the previous 10 years • SCADA data and control Information related to calibrating the EPS model including a complete list of SCADA tags and .csv files for the treatment plant and all storage tanks Assumptions • None Dellverables • Ongoing Data Collection*Plan • Site Visits Documentation i I I kl& b fsWBO-Admin%WR1PmposaRCOLORADOWpen WDS ModeAContwt Scope Fee and Scheduldcontrecl Exhrot-Scope of Servloes.dm I I EXHIBIT A CITY OF ASPEN WATER DISTRIBUTION SYSTEM MODEL CITY PROJECT NO.2018-50756 SCOPE OF SERVICES MARCH 28,2018 PAGE 3 OF 7 • Preliminary Report Chapter—Existing Facilities Task 300—Quantify System Demands Historical average day, maximum day, minimum day water demands; and historical per capita use will be determined from review-of available water production and metered sales records. The City will provide summary tables of production and metered sales records by class in electronic format for the previous 10 years.This information will be evaluated to assess historical trends and will provide the basis for developing demand factors. We will geolocate the customer meters using address information, matching to parcel address or to a street centerline tgr file. Upon completion of the geolocation process, BHI will provide a shepefile to the City of the geolocated meters with account number, address, and average i annual day metered.sales by account for the most recent year of sales data.A minimum of 12- months of utility billing data by customer will be used to assign existing average annual day demands to the model. City will provide year 2017 total.metered sales by customer. System=wide Aspen specific diumal curves will be developed for peak day and minimum day f conditions. The system specific curves will be generated by processing SCADA reported flow at the WT clearwell effluent and reported tank levels at each of the fifteen finished water storage tanks.A minimum of 10 days of record for each condition will be considered in developing system specific curves for Aspen. Assumptions • A single average day demand allocation will be created. Peaking factors and patterns will be used to drive all demand variations • City can create and deliver.csv files with data downloaded from the SCADA system for two separate periods of four weeks each for the WTP flow meter and all tank water levels. Deliverables • Preliminary Report Chapter—Historical Demands and Demand Allocation Update • Figure—Mass Balance/Hydraulic Profile with AAD Demands by Pressure Zone Task 400—Create Hydraulic Model The master plan model will be constructed from Owner's GIS information with reference to existing EPANET model data.The City's water system geodatabase will be used to update distribution system piping, a new demand allocation will be created, and peaking factors and diumal curves will be input. As part of this task, BHI will develop a model creation plan and will conduct a workshop with the City to review the plan. The model creation plan will present the recommended methodology for I i I I %�a-abq-f MO-AdminlWRU'mpos XOLORADOWpen WDS ModeNCorNad Scope Fee and SchedulelContrad ExhiNl-Scope of Services.docx i I i EXHIBIT A CITY OF ASPEN WATER DISTRIBUTION SYSTEM MODEL CITY PROJECT NO.2018-50756 SCOPE OF SERVICES MARCH 28,2018 PAGE 4 OF 7 creating and calibrating an updated model.A four-hour workshop and training session will be held to review the model creation plan and conduct a simultaneous operational workshop. Update WDS Model Physical Facilities. BHI will use the existing-EPANET model as a building block for this model update.This approach will reduce effort required to verify topology. All demand data and pump curve data will be stripped from the EPANET model, tank geometry will be verged, and will be used to create the initial network in the new InfoWater model. GIS techniques will be used to compare existing GIS pipelines (diameter, age, location)to WDS model pipelines. The following will be checked and updated as necessary: • Add new pipes and isolation valves i • Remove abandoned or replaced pipes • Verify and check all model diameters • Verify or repopulate all junction elevations • Verify pressure zone;boundaries Following the pipeline updates,we will update all pump stations to include additional detail and defining all pumps within the station. Pump curves, PRVs, storage tank dimensions, and water levels will be updated as necessary. Piping at pumping stations and reservoirs will be defined schematically for computer modeling, based on facility inventories and as-built drawing records. This task will also include preliminary assignment of C-values to pipelines. C-value assignments will be based on historical research and on the Engineer's extensive experience with C-factor testing. i The allocation of demands to the updated model is described and included in Task 300— Quantify System Demands. Following creation of the physical network and allocation of demands, an initial static analysis will be run in the model to calculate static pressures with the tanks full. A list of those changes made to establish correctness/completeness of the existing pipes model will be provided to the City for their use in correcting/completing GIS source files.The City will I be advised whether the final model including key facility pipes is within the Owner's 2000-pipes i software limitation. Assumptions • Hydraulic model creation workshop and Training Session#1 is included in this task • Existing GIS is accurate and all isolation valves are assumed to be shown • The existing GIS and EPANET model are in the same projection • This task includes the.model creation workshop and Training Session#1 Deliverables • Preliminary Report Chapter—Model Facilities and Demands Ila-abgrswABQAdainkW WropwancoLoR ADOvwpea coos ModeWord act sage Fee and Scnedule\Conbed Exbbll-scope of sernces.d= EXHIBIT A CITY OF ASPEN WATER DISTRIBUTION SYSTEM MODEL CITY PROJECT NO.2018-50756 SCOPE OF SERVICES MARCH 28,2018 PAGE 5 OF 7 • Figure—Updated model with pipes color-coded by pressure zone and showing static elevations with full tanks • Technical Memoranda-Summary of GIS corrections to be made Task 500 Field Testing and Calibration BHI will develop a field testing program to collect system performance data under flowing hydrant conditions.Two full days of field testing will be provided. It is anticipated that about 10 tests could be conducted over the two-day period. However, the number of tests may change depending on the complexity and set-up time for each hydrant flow test. BHI will provide the following for the field testing program: • Two staff to conduct the field tests. • One hydrant flow meter • Two analog pressure gages installed on standard 2'/:" hydrant cap • Two digital pressure transducers with data loggers for direct install on standard 2 '/" fire hydrant outlet BHI will determine preliminary hydrants for pressure observation based on input from the City, following review of existing facilities data, and focused on areas of questionable connectivity at, or near, pressure zone boundaries.The City will provide personnel and equipment to install the hydrant field testing equipment and 'operate hydrants. Engineer will download and process all data from hydrant field testing equipment and return instruments to Owner. Pressure recordings will be taken at 5-minute intervals for a 2-week period.The purpose of these tests is to assess the current condition of the water distribution system and to collect supplemental data for calibration of the model. Following the field testing program, BHI will conduct steady state analyses to simulate the hydrant flow tests.We will compare model results to recorded data, make any necessary adjustments to the model, and review the results with the City. This task also includes a workshop on the morning prior to the field testing program. BHI will conduct an operational workshop with the City to review operational control of the system. The afternoon of the day prior to the workshop, BHI will coordinate with the City for the field testing program. Assumptions • City staff will be available for three consecutive days of field testing • Up to three days of field testing will be provided by BHI • BHI will provide one staff for all three days Deliverables • Field Testing Plan i • Operational Workshop Meeting Minutes 11e- WfsWBC�Admin%W R1Pmpos hCOLORADO%Azpen W DS ModeltConbact Scope Fee and SchedulelContract Exhibit-Scope of Servlcea.docx i i EXHIBIT A CITY OF ASPEN WATER DISTRIBUTION SYSTEM MODEL CITY PROJECT NO. 2018-50756 SCOPE OF SERVICES MARCH 28,2018 PAGE 6 OF 7 • Review of calibration results with City Task 600 EPS Model Validations Following the field testing and calibration,two EPS validation scenarios will be created, executed, and documented.The 24-hour diumal demand curves will be used to create 1)a peak day demand scenario, and 2) a minimum day demand scenario. Simple controls will be added to the model to allow for operation of the pumps based on tank water levels with allowances made for differing operating conditions at different times of the year, as determined i during the operational workshop conducted under Task 400. Assumptions • The Feld test calibration results from Task 500 and the EPS validation results from this task will be presented together in a Chapter prepared under this task Deliverables f • Preliminary Report Chapter—Model Calibration and EPS Validations ! Task 700 Draft and Final Report,and Final Model At the outset of the project,a draft outline of the report will be developed for review and approval by the City. Preliminary report chapters will be prepared as the work progresses and as detailed within the individual tasks.This Task 700 includes the compilation of preliminary report chapters into a comprehensive report in accordance with the outline. Comments received from the City during review of the preliminary chapters will be incorporated into the draft report. BHI will provide a final report to the City following receipt of written comments on the compiled draft report. The final model will be delivered to the City. Throughout the course of the project, BHI will maintain a model log using Microsoft Office OneNote.Through individual tabs, we will monitor the data received and its application to the model. It will document model modifications and it Will capture before and after results of model changes. This information will be routinely reviewed with the City as the project progresses, and the model log will be delivered to the City upon completion of the-project. Assumptions • All preliminary chapters and the draft report will be delivered in electronic format • Three hard copies of the final report and a bookmarked electronic copy In pdf format will be delivered to the City Deliverables I • Compiled Draft Report • Final Report • Final Model, Model Log and Supporting Documentation I \1a-abQ-tsMQ-AdminIWRWmposaRCOLORADO%Aspen WDS ModeAG=Uad Scope Fee and Sche WeAConbad Ezhbh•Smpe or Servkes.docz EXHIBIT A CITY OF ASPEN WATER DISTRIBUTION SYSTEM MODEL CITY PROJECT NO.2018-50756 SCOPE OF SERVICES MARCH 28,2018 PAGE 7 OF 7 Task 800 (Optional) Final Model Demonstration City Staff Training This task is an optional task that is not included in the base services. If the City elects to proceed with these services, a contract ammendment will be required. The initial training will focus on navigating and using InfoWater, topology and pressure zones, the location of demand and pump curve data, and scenario management. The second training will review the final model scenarios,data, and results.Training topics will include review of calibration and validation scenarios and data; and proceedures for developing and conducting what-if scneados, conducting water age and,source trace analysis, and fire flow analyses. BHI will prepare an agenda and will provide to the City for review prior to the training. BHI will develop presentation materials for the training sessions and will deliver those to the City after completion of the training. Assumptions • Training Session#1 is included in Task 400—Create Hydraulic Model • Training Session #2 is an optional task not Included in the base services. If the City elects to proceed with these services, a contract ammendment will be required • Training will be conducted at City offices, and City will provide all necessary . computers for City staff Deliverables • Model Training Agenda and Presentation (optional) j � If I i i i I ' I \1a-a IABOAftIn%WRlProposaACOLORADOUspen WDS ModeftContract rpp Fee and ScheddelConbad Exhibit-Bmpe of SeMees.docx i i I 9:P:o [ 6fooelin Pmetl Totnl Tusk BNI PIC PL; •CArOC [ngin?e9 [nniucer❑I� Hours Total Cost Item Taal, Gimet Cost ErvG v B:G 4 ENG 5 ExG] EI:G t nnl Per Ta,F Per Tasw X00]Project idawgemcm arM OWOC— I OODO�DO��O o �® [a00]DaTa Coilectlonintl,Vcri(iwtioni��DODODOO��� IONIC] 0 --©—�-- [300]Ouanily,5ysmm Ucmantls r--1L_ 010 MKIN FROM= oSOONER �. noommonLm=® ®11100001 � (—.W,Create Hytliaulic Motlel �mme o �®mm 01111111". �Emms3� o [sao]Fide l`csung a�ecaonr�con DOOO�OC���O Monson ow [c o7�+9reasG uaauo s o ario: r--r- F— r I ®® ®KMEEM o SIMMONS I®o®®�®®�® r omi`�OODOC7C=7O��C— —1 Too oanaaF aieaoon•and ®= Elmoom[Bf10]FinallAotlol Ocmonstrmion antl�T'ra ing loptional=—]C--�Or-1— NEW 11110 loill v m � 3 � 3 ', If � 33 3 � ! , ' l ii 115's e Ulu;FSS�S �f6(5[[F5F iF �f 656 1 a v.>[[ f�. �Sff 5S5 55S5 ESE �{{ E�E`fSf a[[ S SS i i S ai�ZS'�S � E i a55555� 5>� � � 4} $EpE yp ��F� $ ��� � ji ��ag !i � �$� 1E� � dg�i fEE �c� i• E11J� � � F �5 ���.E��t �� E1 � 3F FI 333r3 lit 11 IififIl3g I3€ � f � l 3� 111111h111itpisn 11 o §� ___. .. _ .. IN xx c x xx cx. x vxc c x - x im it vc'exxcly Ic in it vl:: :x:s -F is /1 BOHAHUS41 BMOYA CERTIFICATE OF LIABILITY INSURANCE °03129/2018ATE ' 03/29/2018 THIS CERTIFICATE IS ISSUED ASA MATTER'OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. I IMPORTANT: H the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. N SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy,certain policies may require an endorsement A statement on this certificate does not CoMer rights to the certificate holder In Ileu of such endorsemen s. mosuCER License R 0757776 awlAcr HUB International Insurance Services(NMX) FxoNE FM 7770 Jefferson Street HE AIC xo Ev•(606 828.41100 AIC NP;(866)487-3972 Suite 101 Albuquerque,NM 87108 ' INSURER(S)AF, MAIC/ INSURER A:Hartford Casualty Insurance Company_29424 OISURED GIsuRERs;Hartford Fire Insurance Company 19682 Bohannan Huston,Inc. jNsuium c:New Mexico Mutual Casualty Company 40627 7600 Jefferson St NE INSURER O,Advantage Women Compensation lnsunnee Company 40517 Albuquerque,NM 871081335 INSURER E:Continental CasualtyCompany 20443 'Mm COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS._ MSR TYPE OF INSURANCE OLI PoDCY NUI®ER PODCYEFF PoLp:Y Ev YYYw lRMITa A X I COMMERCIAL GENERAL UMUTY EACH OCCURRENCE 1,000,000 CLAJMSMADE ❑X OCCUR X X 34UUNZG0204 08101/2017 OBI0112018EDRE ' S 300,000 MECExFwwane oenonl S 10,000 PERSONAL RAW INJURY S 1,000,000 GENL AGGREGATE UMn APPLIES PER: GENERAL AGGREGATE f 2,000,000 POULY QXJr& L Loc2,000,000 PRWU.-rS-COMPgPPGG S X OTHER$O B AUTOMOBILEUABIUY COMBINEDSINGLE LIMIT S 1,000,000 X ANY AUTO X X 34UENZG0117 08101/2017 08101/2018 eowLY INRIRY peaani_-s 01ANED SCHEDULED AU�ppTEEOppE ONLY AUTOS Ep LEEYRRITTN�J•uRY Per X AUTOSONLY X swt1LV �aaMaM E s X 6w.wO UNI X A X uLaJRFI,eDAB X OCCUR EACH OCCURRENCE r 10,000,000 i EXCESSUAtI CLAIMSMADE 34XHUVT9367 0810112017 08101/2018 1AGGREGATE s 10,000,000 DEO I X I RETENTION$ 10,000 C woRNERa COMPENSATION X PE OTH- AND EMPLOYERY LIABILITY ANY FROPRIETORMARTNERIE>ECUnVE YIN X 0912 08!01/2017 08/01/2018 11000,000 Fl FIM EXCLUDED? FN NIA EL EACH ACCIDENT ° ELDISEASE-EA EMPLOYE 1,000-000 a �M01-UMer ERA EMPx E.L DISEASE-POUCY UMn S 1,000,000 D Work ComplOth States 13483893 081011201710810112018 Per Statute 11000,000 E Prof/Poll Liability EH288359977 08101/2017 08101/2018 $2M as claim$41611 Agg OESCRMTIONOFOPERATIONSILACATIONSIVQIICLES ACO IM:AddrUOMl Remedo ScNdu .mWl aMcMdW=m Fpanbnqu I Re: Water Distribution Model Project—Professional Services CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Aspen THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 130 South Galena Street ACCORDANCE WITH THE POLICY PROVISIONS. Aspen,CO 81611 AUTHORIZED REPRESENTATIVE Pa'kll-q U04j ACORD 25(2016103) 01988.2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD f THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW MEXICO CHANGES- ADDITIONAL INSUREDS - AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN CONTRACT, WRITTEN AGREEMENT OR PERMIT N o This endorsement modifies Insurance provided under the following: 0 COMMERCIAL GENERAL LIABILITY COVERAGE PART 0 0 o A. Paragraph 61 of Section 11,Who Is An Insured is With respect to the Insurance afforded to c replaced by the following: these additional Insureds, this Insurance n0i 6. Additional Insureds When Required By ,does not apply to: m Written Contract, Written Agreement Or "Bodily injury", "property damage" or o Permit "personal and advertising injury' arising out 0 of the rendering of, or the failure to render, f. Owners, Lessees Or Contractors—When any professional architectural' engineering " Required In A Construction Agreement or surveying services, Including: _ With You . Any owner, lessee or contractor when you (1) The preparing, approving, 4r falling to ® prepare or approve, maps, shop and such person or organization have r= drawings, opinions, reports, surveys, c agreed in a construction contract or field orders, change orders or drawings agreement Ihat such person or organization and specigcaticns;or o be added as an additional Insured on your B policy. Such person or organization Is an (2) Supervisory, inspection, architectural or additional insured only with respect to engineering activities. liability for "bodily Injury°, °property B. The following is added to Paragraph 6. of Section damage" or 'personal and advertising 11,Who Is An Insured: e Injury" caused by your negligence, acts or B omissions or the negligence acts or S. Additional Insureds When Required By , omissions of those acting on your behalf: Written Contract, Written Agreement Or C (1) In the performance of your ongoing' permit operations for the additional Insured;or 9. Any Other Party t� (2) In connection with 'your work" and Any other person or organization who Is not e Included within the'products-completed an Insured under Paragraphs a. through f. operations hazard", but only if above, but only with respect to liability for 1= (a) The written contract or agreement "bodily injurya "properly damage" or "personal and advertising injury" caused, in orequires you to provide such. whole or In part, by your acts or omissions coverage to 'such 'additional or the acts or.omissions of those acting.on insured;and -your behalf: (b) This Coverage Part provides (1) In the performance of your ongoing B coverage for "bodily injury" or operations;or "property damage" included within the "products-completed operations (2) In connection with your premises owned hazard". by or rented to you. i Form HC 26 68 06 05 Page 1 of 1 ® 2005,The Hartford (Includes copyrighted material of Insurance Services Office, Inc.with its permission.) r i4k ay THIS ENDORSEMENT;CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) o This policy is subject to the following additionalIf notice Is mailed, proof of mailing to the last known o Conditions: mailing address of the certificate hofder(s) on file with A. If this policy Is cancelled by the Company, other 1he agent of record or the Company will be sufficient then for nonpayment of premium, notice of such proof of notice. o cancellation will be provided at least thirty (30) Any notification rights provided by this endorsement c days in advance of the cancellation effective date apply only to active certificate holder(s) who were N to the certificate holder(s) with mailing addresses issued a certificate of insurance applicable to this on file with the agent of record onthe Company. poltoy's term. h B. If this policy is cancelled by the Company for Failure to provide such notice to the certificate nonpayment of premium, or by the insured, notice holder(s) will not amend or extend the date the 0 of such cancellation will be provided within (10) cancellation becomes effective, nor will N negate o days of the cancellation effective date to the cancellation of the policy. Failure to send notice shall o certificate holder(s) with mailing addresses on file impose no liabii of an on the Company kind u or its " with the agent of record orthe Company. agents or representatives. p p y 1� t B c B e Q e C 1� 0 0 a � 8 l� 1 T= I Form IH 03 13 06 11 Page 1 of 1 ® 2011,The Hartford I I that are in excess of the applicable limit of insurance. (7) When You Add Others As ,An�Additional An agreed settlement means a settlement and release Insured To This Insurance of liability signed by us,the Insured and the claimant or Any other Insurance available to an additional the claimant's legal representative, insured. 4. Other Insurance However,the following provisions apply to other If other valid and collectible insurance Is available to insurance available to any person or the insured for a loss we cover under Coverages A or organization who is an additional Insured under B of this Coverage Part, our obligations are limited as this coverage part. follows: (a) Primary Insurance When Required By a. Primary Insurance Contract This insurance is primary except when b. below This Insurance is primary If you have agreed applies. If other insurance is also primary, we will In a written contract or written agreement share with all that other insurance by the method that this insurance be primary. If other described in c.below. insurance Is also primary, we will share with b. Excess Insurance all that other insurance by the method This insurance is excess over any of the other described In c,below. Insurance, whether primary, excess, contingent or (b) Primary And Non-Contributory To Other on any other basis: Insurance When Required By Contract (1) Your Work If you have agreed in a written contract, That is Fire, Extended Coverage, Builders Rlsk, written agreement, or permit that this butory Installation Risk or siniller coverage for 'your insurance d primary and norm insurance, work"; with the additional insureds own insurance, this Insurance is primary and we will not (2) Premises Rented To You seek contribution from that other Insurance. That is fire, lightning or explosion Insurance for paragraphs (a) and (b) do not apply to other premises rented to you or temporarily occupied Insurance to which the additional Insured has by you with permission of the owner, been added as an additional insured. (3) Tenaht Liability When this insurance is excess, we will have no That is Insurance purchased by you to cover duty under Coverages A or B to defend the Insured your liability as a tenant for"property damage" against any"sult" If any other insurer has a duty to to premises rented to you or temporarily defend the insured against that "suit". If no other occupied by you with permission of the owner,. Insurer defends, we will undertake to do so, but we will be entitled to the'insured's rights against all (4) Aircraft,Auto Or Watercraft those other Insurers. If the loss arises out of the maintenance.or use When this insurance is excess over other of aircraft,"autos"or watercraft to the extent not insurance,we will pay only our share of the amount subject to Exclusion g. of Section I—Coverage of the loss,If any,that exceeds the sum of: A—Bodily Injury And Property Damage Liability; 6 Property Damage to Borrowed Equipment Or (1) The total amount that all such other insurance ( ) ywould pay for the loss in the absence of this Use Of Elevators insurance;and If the loss arises out of "property damage" to (2) The total of all deductible and self-insured borrowed equipment or the use of elevators to amounts under a0 that other insurance. the extent not subject to Exclusion J. of Section I - Coverage A - Bodily Injury And 'Property We will share the remaining loss, if any, with any Damage Liability; other Insurance that is not described to this Excess Insurance provision and was not bought specifically. (6) When You Are Added As An Additional to apply In excess of the Limits of Insurance shown Insured To Other Insurance In the Declarations of thlrl Coverage Part. Any other insurance available to you covering c. Method Of Sharing liability for damages arising out of the premises or operations, or products and completed If all of the other insurance permits contribution by operations, for which you have been added as. equal shares,we will follow this method also. Under an additional Insured by that insurance;or this approach each insurer contributes equal amounts until it has paid Its applicable limit of insurance or none of the loss remain&, whichever comes first. Page 14 of 18 HO 00 0106 05 " U any,of the other insurance does not permit insured will bring"suit"or transferthose rights to us contribution by equal shares, we will contribute by and help us enforce them. limits. Under this method, each Insurer's share is b. Waiver Of Rights Of Recovery (Waiver Of based on the ratio of its applicable limit of Subrogation) Insurance to the total applicable limits of Insurance of all insurers. If the insured has waived any rights of recovery 6. Premium Audit against any person or organization for all or part of any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Pad, we also Part in accordance with our rules;and rates. waive that right, provided the insured waived their b. Premium shown in this Coverage Part as advance rights of recovery against such person or premium Is a deposit premium only.At the dose of organization In a contract,agreement or permit that each audit period we will compute the earned was executed prior to the Injury or damage. N premium for that period and send notice to the first 8. When We Do Not Renew o Named Insured. The due date for audit and If we decide not to renew this Coverage Part, we will j retrospective premiums Is the date shown as the mail or deliver to the first Named Insured shown In the due date on the bill. If the sum of the advance and Declarations written notice of the nonrenewal not less o audit premiums paid for the policy period Is greater than 30 days before the expiration dale. o than the earned premium,we will return the excess - to the first Named Insured. If notice is mailed, proof of mailing will be sufficient C> c. The first Named Insured must keep records of the Proof of notice. o SECTION V—DEFINITIONS N Information we need for premium computation, and M send us copies at such times as we may request. 1. "Advertisement" means the widespread public N dissemination of Information or images that has the I c 6. Representations purpose of Inducing the sale of goods, products or d a, When You Accept This Policy services through: " By accepting this policy,you agree: a.(1) Radio; ® (1) The statements In the Declarations are accurate (2) Television; i r� and complete; (3) Billboard; (2) Those statements are based upon e representations you made to us;and (4) Magazine; 8 (3) We have Issued this policy In reliance upon your (5) Newspaper,or o representations. b. Any other pubilcatlon that Is given widespread public distribution. b. Unintentional Failure To Disclose Hazards I 8 If unintentionally you should fail to disclose all However,"advertisement"does not Include: e hazards relating to the conduct'of your business a. The design, printed material, information or Images B that exist at the inception date of this Coverage contained In, on or upon the packaging or labeling B Part, we .shall not deny coverage under this of any goods or products;or o Coverage Part because of such failure. b, An Interactive conversation between or among 7. Separation Of Insureds persons through a computer network- Except etworkExcept with respect to the Limits of Insurance,and any 2. "Advertising Idea" means any idea for an rights or duties specifically assigned in this Coverage "advertisement". e Part to the first Named Insured,this Insurance applies: ' ® PP 3. "Asbestos hazard" means an exposure or threat of 8 a. As if each Named Insured were the only Named exposure to the actual _or alleged properties of Insured;and asbestos and Includes the more presence of asbestos b. Separately to each insured against whom claim is in any form. a made or"suit'Is brought 4. "Auto"means a land motor vehicle,trailer or semitrailer 8. Transfer Of Rights Of Recovery Against Others To designed for travel on public roads, including any B Us Im attached machinery or equipment. But"auto"does not Include" obile equipment". a. Transfer of Rights Of Recovery If the Insured has rights to recover all or part of any 5. 'Bodily riinjury"means physical: payment, including Supplementary Payments, we Injury; have made under this Coverage Part, those rights b. Sickness;or are transferred to us. The insured must do nothing c. Disease after loss to impair them. At our request, the sustained by a person and, If arising out of the above, mental anguish or death at any time. HG 00 0106 05 Page 15 of 18 Professional Liability and Pollution Incident Liability Insurance CJVAPolicy Insurer with information on the time, place and nature of the claim; 3. Immediately forward to the Insurer all documents that the Insured receives in connection with the claim; 4. fully cooperate with the Insurer or the Insurers designee in the defense of a claim, Including but not limited to assisting the Insurer In:the conduct of suits or other proceedings,settlement negotiations,and the enforcement of any right of contribution or Indemnity against another who may be liable to the Insured. The Insured shall attend hearings and trials and assist In securing evidence and obtaining the attendance of witnesses; 5. refuse,except solely at the Insured's own cost,to voluntarily make any payment,admit liability, assume any obligation,or Incur any expense,without the Insurer's prior written approval;and 6. pay the Deductible amount when due. After the Insured reports a circumstance or a claim is made and the Insured has the right under any contract to either reject or demand arbitration or other alternative dispute resolution process,the Insured shall only do so with the Insurer's prior written consent. C. The Insured's Rights and Duties In the Event of a Circumstance If the Insured reports a circumstance for which there may be coverage under this Policy,and the Insured gives the Insurer written notice containing as much detail as the Insurer can reasonably provide regarding: 1. what happened and the professional services or activities the Insured performed; 2. the nature of any possible Injury or damages;and 3. how and when the Insured first became aware of such circumstance; then any claim or related claims that subsequently may be made against the Insured arising out of such circumstance shall be deemed to have been made on the date the Insurer received written notice of the circumstance. The Insured will cooperate with the Insurer In addressing the circumstance,and refuse,except solely at the Insured's own cost,to voluntarily make any payment, admit liability,assume any obligation,or Incur any expense without the Insurers prior written approval. D. Subrogation' If any Insured has rights to recover amounts from another,those rights are transferred to the Insurer to the extent of the Insurer's payment. The Insured must do everything necessary to secure these rights and must do nothing after a claim Is made to jeopardize them. The Insurer hereby waives subrogation rights against the Insured's.client to the extent that the Insured had a written agreement to waive such rights prior to a claim or circumstance. E. Premium All premium charges under this Policy will be computed according to the rules, rates and rating plans that apply at the effective date of the current policy term. F. Examination and Audit The Insured agrees to'sllow the Insurer to examine and audit the Insured's financial books and records that relate to this Insurance. The Insurer may do this at any time during the policy term or any extensions,and up to three years after the end of the policy term. G. Legal Action Limitation 1. The Insured agrees not to bring any legal action against the Insurer concerning this Policy unless the Insured has fully complied With all the provisions of this Policy. Form No:CNA79034XX(032014) Policy No:AEH288359977 Policy Page 12 of 16 . Underwriting Company.Continental Casualty Company 333 S.Wabash Ave..Chicago IL 60604 mom Kesar4w. COMMERCIAL AUTOMOBILE HA 9916 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "Insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow In your business or your The Named Insured shown in the personal affairs. Declarations Is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1.-WHO IS AN INSURED-of partnership or joint venture,formed as a Section II-Liability Coverage Is amended to subsidiary in which you have an add: ownership Interest of more than 50%on e. The lessor of a covered"auto"while the the effective date of the Coverage Form. °auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that Is an "Insured' under any other automobile - (1) The agreement requires you to policy or would be an 'insured' under provide direct primary Insurance for the lessor and such a policy but for Its termination or the exhaustion of Its Limit of Insurance. (2) The"auto'is leased without a driver. (2) Any organization that 'Is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and nota covered maintain majority ownership. However, "auto"you hire. the Named Insured does not Include any D. Additional Insured If Required by Contract newly formed or acquired organization: (1) Paragraph A.I.-WHO IS AN INSURED (a) That Is a partnership or joint - of Section II - Liability Coverage Is venture, amended to add: (b) That is an"Insured"under any other f. When you have agreed, In a written policy, contract or written agreement,that a (c) That has exhausted Its Limit of person or organization be added as Insurance under any other policy,or an additional insured on your (d) 180 days or more after Its business auto policy,such person or acquisition or formation by you, organization is an"insured",but only unless you have given us notice of to the extent such person or the acquisition or formation. organization Is liable for 'bodily Coverage does not apply to "bodily injury"or'property damage"caused Injury" or"property.damage"that results by the conduct of an"insured"under from an "accident"that occurred before paragraphs a. or b.'of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered"auto.' Paragraph A.1.-WHO IS AN INSURED-of SECTION II - LIABILITY AN. Is amended to add: ®2011,The Hartford(Includes copyrighted material Forth HA 99 16 0312 of ISO Properties,Inc.,with Its pernission.) Page 1 of 5 The Insurance afforded to any such E. Primary and Non-Contributory If additional Insured applies only If the Required by Contract "bodily injury" or 'property damage° Only with respect to Insurance provided to occurs: an additional Insured in 1.D. - Additional (1) During the policy period,and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply. written contract,and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This Insurance is primary If you have requires such Insurance be provided agreed in a written contract or written to the additional insured. agreement that this' insurance be (2) How Limits Apply primary. If other insurance Is also Ireed in a written contract primary,we will share with all that other If you have agreed Insurance by the method described In or written agreement that another Other Insurance 5.d. person or organization be added as an additional Insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional Insured Is the lesser of: If you have agreed In a written contract (a) The limits of Insurance specified In or written agreement that this insurance the written contract or written Is primary and non-contributory with the i agreement;or additional insured's own insurance, this The Limits of Insurance shown in Insurance is primary and we will not (b) seek contribution from that other the Declarations. Insurance. Such amount shag be a part of and not Paragraphs(3)and(4)do not apply to other In addition to Limits of Insurance shown insurance to which the additional Insured In the Declarations and described In this has been added as an additional insured. Section. Additional Insureds Other Insurance When this insurance Is excess,we wall have no (3) dory to defend the Insured against any "suit" If If we cover a claim or "sult" under this any other Insurer has a duty to defend the Coverage Part that may also be covered Insured against that "suit". If no other Insurer by other Insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all i Insured must submit such claim or"suit" those other Insurers. to the other insurer for defense and When this insurance Is excess over other Indemnity. Insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any,that exceeds the sum to the extent that you have agreed In a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss In the contributory with the additional Insured's absence of this insurance;and own Insurance. (2) The total of all deductible and self-Insured (4) Duties In The Event Of Accident, Claim, amounts under all that other Insurance. Suitor Loss If you have agreed In a written contract We will share the remaining loss, If any, by the y method described In Other Insurance 5.d. or written agreement that another 2 AUTOS RENTED BY EMPLOYEES person or organization be added as an additional Insured on your policy, the Any "auto" hired or rented by your "employee" additional Insured shall be required to on your behalf and at your direction will be 3 comply with the provisions In LOSS considered an"auto"you hire. CONDITIONS 2- - DUTIES IN THE The OTHER INSURANCE Condition Is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS,In the same manner as the Named Insured. 0 2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties,Inc.,with Its permission.) Page 2 of 5 i i If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered"auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your 'employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph AA.a, of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOANILEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply If you have workers' compensation COVERAGE, In the event of a total "loss" to a insurance In-force covering all of your covered"auto",we will pay your additional legal 'employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the"auto"at the time of the"loss" Insurance. and the"outstanding balance'of the loanfiease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loanfiease at the time of"loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Foran for any resulting from overdue payments; additional "auto° you own, then the Physical Damage mileage charges;excess wear and tear charges; Coverages provided are extended to"autos"you lease termination fees; security deposits not hire or borrow,subject to the following limit. returned by the lessor, costs for extended The most we will pay for 'loss" to any hired warranties, credit life Insurance, health,accident 'auto'is: or disability insurance purchased with the loan or lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss°;or Under Paragraph S. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following Is added: whichever Is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto' for that airbag. coverage.No deductible applies to"loss"caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage Is excess over any other collectible insurance. Subject to the above limit,deductible a. The exceptions to Paragraphs B.4 - and excess provisions,we will provide coverage EXCLUSIONS-of SECTION III-PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following: We will also cover loss of use of the hired'auto" Exclusions 4.c. and 4.d. do not apply to If it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the 'auto's" loss, subject to a maximum of $1000 per electrical system that,at the time of'loss", "accident". Is: This extension of coverage does not apply to (1) Permanently Installed in or upon any "auto"you hire or borrow from any of your. the covered"auto"; "employees", partners (if you area partnership), (2) Removable from a housing unit members(If you are a limited liability company), 'which is permanently installed In or members of their households. or upon the covered"auto"; (3) An Integral part of the same unit I housing any electronic equipment described in Paragraphs(1)and(2)above;or 02011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with Its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered°auto°or Inc. company policy or coverage form that Is not the monitoring of the covered an automobile policy or coverage form applies to auto's"operating system. the same"accident",the following applies: b.Secion III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Forth, Physical Coverage Forth Is the smaller (or smallest) Damage Coverage, Llmil of. Insurance, deductible,it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Forth, Physical Coverage Form Is not the smeller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 Is the most we will pay for'loss'In 12. AMENDED DUTIES IN THE EVENT OF, any one "accident" to all electronic ACCIDENT,CLAIM,SUIT OR LOSS equipment(other than equipment designed The requirement In LOSS CONDITIONS 2.a. - solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM, accessories used with such equipment) SUIT OR LOSS -of SECTION IV- BUSINESS that reproduces, receives or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which, at the an°accident"applies only when the"accident'is time of'loss",is: (mown to: (1)Permanently installed in or upon (1) You,if you areen individual; the covered 'auto" In a housing, opening or other location that is not (2) A partner,If you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company;or such equipment; (4) An executive officer or insurance manager,if (2)Removable from a permanently you are a corporation. Installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE In Paragraph 2.a. above or Is an HAZARDS Integral part of that equipment;or (3)An Integral part of such equipment If you g at the Inallyception fail to disclose any hazards existing at the inception dale of your policy, we c.For each covered"auto",should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or$250, whichever deductible Is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED. CONDITIONS is replaced by the following: COVERAGE e.. For short-term hired "autos", the coverage Under Paragraph A.-COVERAGE•of SECTION territory with respect to Liability Coverage Is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in r the world provided that If the pay for the expense of returning a stolen covered ""Inbodily In responsibility to pay damages for "auto"to you. "bodily injury or "property damage" is determined in a'suit,"the"suit"Is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following Is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV- Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ®2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties,Inc:,with Its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss"is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury' in SECTION V- a.A 'non-hybrid"auto Is defined as an auto that DEFINITIONS Is replaced by the following: uses only an internal combustion engine to "Bodily Injury" means bodily Injury, sickness or move the auto but does not Include autos disease sustained by any person, Including powered solely by electricity or natural gas. ' mental anguish or death resulting from any of b.A "hybrid' auto is defined as an auto with an these. Intemel combustion engine and one or more , 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION - applies' motors o move the auto, or the Internal except as follows: combustion engine to charge one or more electric motor:,which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an"auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this Coverage Form, then such Physical Damage 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE Coverages are amended to add the fallowing: In the event of a total loss to a"non-hybrid"auto w will pa to the actual cash value of the°autos for which Comprehensive, Specified Causes of we will pay up to displayed on t for vinyl vehicle wraps Loss,or Collision coverages are provided under which arealoss. e the coveredfthe n o" a the this Coverage Form, then such Physical time of total loss. Regardless m the number of Damage Coverages are amended as follows: autos deemed i total loss,the most ro will pay under this Vehicle Wrap Coverage provision for a.lf the auto Is replaced with a 'hybrid° auto or any one 9oss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500,of the"non'hybrid"auto's. not considered vehide wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ®2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties,Inc.,with its permission.) Page 5 of 5 f i i I , New Mexico Assurance Company Workers'Compensation and Employers'Liability Policy I WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT I We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named In the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) 1 i This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. i i Schedule BLANKET WAIVER i PER CONTRACT(S)ON FILE WITH EMPLOYER WORK LOCATION(S): i NEW MEXICO AND WHILE TEMPORARILY WORKINGOUTSIDE THE STATE OF NEW MEXICO i Nothing In this endorsement contained shall be held to vary, alter,waive or extend any of the terms, conditions, agreements, or limitations of this policy other than as above stated. Nothing elsewhere In this policy shall be held to vary, alter,waive,or limit the terms, conditions,agreements or limitations of this endorsement. i This endorsement when attached to Policy No. 70912.105 issued to BOHANNAN HUSTON, INC shall be valid and shall form part of said policy. Endorsement No: THE FOLLOWING SPACES ARE TO BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED Countersignature of Licensed Resident Agent WC 00 03 13 BOHANNAN HUSTON,INC. FEE SCHEDULE HOURLY RATES FEBRUARY 3,2018 1 2 3 4 5 6 7 PROFESSIONAL $98 $113 $133 $150 $170 $210 $235 Engineers,Surveyors, Photpgrammehists TECHNICAL SPECIALIST Engineering Designers,CADD Consultants, $72 $77 $82 $90 $100 $116 $135 Survey Technicians,Mapping Technicians, GIS Technicians,Graphics Specialists PLANNER $90 $100 $115 $130 $145 $176 $205 CONSTRUCTION OBSERVER $70 $75 $80 $90 $105 $120 $160 Inspectors, Observers LABORATORY TECHNICIAN $50 $55 $60 $65 $70 $75 $80 ANALYST $85 $100 $115 $130 $175 $210 $235 Programmers, Computer Specialists, Spatial Data/GIS Analysts ADMINISTRATIVE PROFESSIONAL $105 $116 $126 $14D $160 $210 $235 Administrators,Marketers,Technical Writers, HR Professionals,Accountants ADMINISTRATIVE ASSISTANT $55 $65 $76 S85 $95 $105 $120 MATERIALS AND REIMBURSABLE EXPENSES Plotting,Printing,and Binding—As invoiced at cost of labor and materials. Courier/Delivery Service—As Invoiced by provider. Mileage— Two-Wheel Drive Vehicle rate as published for the IRS Standard Mileage Rate. _ Four-Wheel Drive Vehicle rate is the IRS Standard Mileage Rate plus$0.10 per mile. Per Dlem/Travel—Field personnel in accordance with the latest GSA Schedule based on location of service. Office/Professional staff travel costs,meals and lodging will be billed at cost. Survey Equipment Charge—$25.00/Hour. Survey Material Charge—$1.75/Hour. Expert Witness—Rates shall be negotiated based on the requirements of the contract with a minimum of four hours while in court. Other Direct Project Expenses—At Cost. Overtime—Performed upon request of the client;will be invoiced at 1.30 times the standard hourly rate. Applicable Gross Receipts or Sales and Use Tax—Added to all fees charged for professional services unless they are exempt and official documentation is on file with Bohannan Huston,Inc.