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16-188.00 Energy Control: City Hall Commissioning Svcs AGREEMENT FOR SERVICES Energy Control,Inc. Spokane Valley City Hall—Commissioning Services Contract No. 16-188,City Hall Project#0215 THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Energy Control, Inc., hereinafter "Consultant,"jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Work to Be Performed. Consultant shall provide all labor,services,and material to satisfactorily complete the Scope of Services,attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee,Consultant shall commence work,perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement,Consultant represents it possesses the ability,skill,and resources necessary to perform the work and is familiar with all current laws,rules,and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession,and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by September 30, 2017, unless the time for performance is extended in writing by the Agreement for Services(without professional liability coverage) Page 1 of 6 Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days'written notice to Consultant. In the event of termination without breach,City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3.Compensation. City agrees to pay Consultant$23,350,as full compensation for everything done under this Agreement,as set forth in Exhibit B. Consultant shall not perform any extra,further,or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code,and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name:Christine Bainbridge,City Clerk Name: Alan C.Leech, P.E. Phone: (509)921-1000 Phone: (509)624-5212 Address: 11707 East Sprague Ave., Suite 106 Address: 1703 N.Normadie Spokane Valley,WA 99206 Spokane, WA 99205 (After September 1,2017: 10210 East Sprague Avenue Spokane Valley, WA 99206) 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws and regulations. Consultant warrants that its designs,construction documents,and services shall conform to all federal,state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental Agreement for Services(without professional liability coverage) Page 2 of 6 entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal, state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8.Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish,disclose,distribute,and otherwise use, in whole or in part,any reports,data,drawings, images,or other material prepared under this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11.Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury,and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. Agreement for Services(without professional liability coverage) Page 3 of 6 3.Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 for each occurrence,and$2,000,000 for general aggregate. C. Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following provisions for automobile liability and commercial general liability insurance: 1.Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3.If Consultant maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant,irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement,upon which the City may,after giving at least five business days' notice to Consultant to correct the breach,immediately terminate the Agreement,or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to City on demand,or at the sole discretion of the City,offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds,and shall include applicable policy endorsements,and the deduction or retention level.Insuring companies or entities are subject to City acceptance. If requested,complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. 12.Indemnification and Hold Harmless. Consultant shall,at its sole expense,defend,indemnify,and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees,costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Agreement for Services(without professional liability coverage) Page 4 of 6 Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant's duty to defend,indemnify,and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Consultant's duty to defend,indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees,and(b)Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Consultant,Consultant's agents, subcontractors, subconsultants, and employees. Consultant's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection,and all other claim-related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City,and does not include, or extend to,any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party may assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15.Subcontracts. Except as otherwise provided herein,Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16.Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' Agreement for Services(without professional liability coverage) Page 5 of 6 decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19.Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties hereto. 20. Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor, service, or other thing of value from any person with an interest in this Agreement. 21.Business Registration. Prior to commencement of work under this Agreement,Consultant shall register with the City as a business if it has not already done so. 22.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause,or phrase of this Agreement. 23.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates The Parties have executed this Agreement this day of 454.1..wi' ,20 CITY OF SPOKANE VALLEY Energy Control,Inc.: 41( ePtik9-V Mark Calhoun,City Manager By: Its: Authorized Representative AT -E`P .,L _ its✓41I t Christine Bainbridge,City Clerk ' - APPROVED O FORM: tv Office e Ci A ey Agreement for Services(without professional liability coverage) Page 6 of 6 = ENERGY CONTROL, INC. 5(-NIBA OTY OF 0141#9\11ftlai ValleY'g 400° Commissioning Plan Spokane Valley City Hall 10210 E. Sprague Ave Spokane, Valley, December 14, 2016 Prepared By: Energy Control Inc. 1703 N. Normandie Spokane, WA 99205 ph: (509) 624-5212 ATM MEMBER Building Certified AP Commissioning Association = ENERGY CONTROL, INC, Table of Contents 1. General Building Information 2 2. Abbreviations and Definitions 2 3. Overview 4 3.1. Purpose of the Commissioning Plan 4 3.2. Commissioning Goals And Objectives 4 3.3. Commissioning Scope 4 4. Commissioning Team Information /Job Contacts 6 5. Roles and Responsibilities 6 5.1. Description of Roles 6 5.2. Project Commissioning Requirements 7 5.3. General Management Plan and Protocols 7 6. Commissioning Process 7 6.1. Commissioning Scoping Meeting 7 6.2. Commissioning Plan 8 6.3. Submittals 8 6.4. O&M Manuals 8 6.5. Commissioning Construction Checklist 8 6.6. Factory Authorized Equipment Startup 8 6.7. Development of Functional Testing Procedures 9 6.8. Execution of Functional Testing Procedures 9 6.9. Deferred Testing 9 6.10. Training and Orientation of Owner Personnel and Occupants 10 6.11. Warranty Period 10 6.12. Commissioning Report 10 7. Schedule 10 7.1. General Issues 10 7.2. Preliminary Project Schedule 11 Commissioning Plan Page 1 of 11 = ENERGY CONTROL, INC. 1. General Building Information Project Name Spokane Valley City Hall Project Address 10210 E. Sprague, Spokane Valley, WA Building Type Office Building Square Footage 65,172 sf Owner Agency City of Spokane Valley Scheduled Completion Date July 25, 2017 2. Abbreviations and Definitions The following are common abbreviations used in this document: NE Architect/Design Engineers GC General contractor CxA Commissioning Agent MC Mechanical contractor CC Controls contractor ME Mechanical Engineer Cx Commissioning PC Plumbing Contractor CxP Commissioning Plan PFC Pre-Functional Checklist EC Electrical contractor OR Owner's representative EE Electrical Engineer OPR Owner's Project Requirements FM Facility Manager Subs Subcontractors to GC FAC Fire Alarm Contractor TAB Test and balance contractor FPT Functional Performance Test MS Maintenance Staff TP Test Procedure Definitions: Acceptance: A contractually defined action that permits an activity to commence or continue. Basis of Design: A document that records the concepts, calculations, decisions, and product selections used to meet the Owner's Project Requirements and to satisfy applicable regulatory requirements, standards, and guidelines. The document includes both narrative descriptions and lists of individual items that support the design process. Commissioning: See Commissioning Process. Commissioning Activity: A component of the Commissioning Process. Commissioning Agent: An entity identified by the owner who plans, schedules, and coordinates the commissioning team to implement the Commissioning Process. Commissioning Field Report: A document that records the activities and results of the Commissioning Process. Commissioning Plan: A document that outlines the organization, schedule, allocation of resources, and documentation requirements of the Commissioning Process. Commissioning Process: A quality-focused process for enhancing the delivery of a project. The process focuses on verifying and documenting that the facility and all of its systems and assemblies are planned, designed, installed, tested, operated, and maintained to meet the Owner's Project Requirements. Commissioning Plan Page 2 of 11 ' = ENERGY CONTROL, INC. Commissioning Process Progress & Approval Form: A document that indicates activities completed as part of the Commissioning Process, approval status of the activities, and significant findings from those activities; it is continuously updated during the course of a project. Commissioning Team: The individuals, who through coordinated actions, are responsible for implementing the Commissioning Process. Construction Checklist: A form used by the contractor to verify that appropriate components are on-site, ready for installation, correctly installed, and functional. Construction Documents: This includes a wide range of documents, which will vary from project to project, owner's needs, regulations, laws, and countries. Construction documents usually include the project manual (specifications), plans (drawings) and General terms of the contract, especially those required by subcontractors and vendors, suppliers and manufacturers of equipment, assemblies and systems. Continuous Commissioning Process: A continuation of the Commissioning Process well into the Occupancy and Operations Phase to verify that a project continues to meet current and evolving Owner's Project Requirements. The Continuous Commissioning Process activities are on-going for the life of the facility. Contract Documents: This includes a wide range of documents, which will vary from project to project, owner's needs, regulations, laws, and countries. It frequently includes price agreements, construction management process, subcontractor agreements or requirements, requirements and procedures for submittals, changes, and other construction requirements, timeline for completion, and the Construction Documents. Coordination Drawings: Drawings showing the work of all trades to illustrate that equipment can be installed in the space allocated without compromising equipment function or access for maintenance and replacement. These drawings graphically illustrate and dimension manufacturers' recommended maintenance clearances. Issues Log: A formal and ongoing record of problems or concerns — and their resolution —that have been raised by members of the Commissioning Team during the course of the Commissioning Process. Owner's Project Requirements: A written document that details the functional requirements of a project and the expectations of how it will be used and operated. This includes project and design goals, measurable performance criteria, budgets, schedules, success criteria, and supporting information. Systems Manual: A system-focused composite document that includes the Commissioning Record, operation manual, maintenance manual, and additional information of use to the owner during the Occupancy and Operations Phase. Test Procedure: A written protocol that defines methods, personnel, and expectations for tests conducted on components, equipment, assemblies, systems, and interfaces among systems. Training Plan: A written document that details the expectations, schedule, budget, and deliverables of Commissioning Process activities related to training of project operating and maintenance personnel, users, and occupants. Verification: The process by which specific documents, components, equipment, assemblies, systems, and interfaces among systems are confirmed to comply with the criteria described in the Owner's Project Requirements. Commissioning Plan Page 3 of 11 ENERGY CONTROL, INC. 3. Overview 3.1. Purpose of the Commissioning Plan The purpose of the commissioning plan is to provide general description of the commissioning process to be used for this project and provide a summary of all equipment and systems that will be included in the commissioning process. This commissioning plan provides direction for the commissioning process during construction, providing resolution for issues such as scheduling, roles and responsibilities, lines of communication and reporting, approvals, and coordination. 3.2. Commissioning Goals And Objectives Commissioning is a systematic process of ensuring that the building systems perform according to the design intent and the owner's operational requirements. All equipment and systems should be installed according to manufacturer's recommendations and the best practices and standards of the industry. Commissioning will include documenting the design intent, followed by activities in the construction, acceptance, and warranty phases of the project. The participation of the contractors in commissioning activities will follow the requirements defined in the specifications. The three main goals of the commissioning process are: • Facilitate the final acceptance of the project at the earliest possible date. • Facilitate the transfer of the project to the owner's maintenance staff. • Ensure that the comfort systems meet the requirements of the occupants. Commissioning is also intended to achieve the following specific objectives: • Document that equipment is installed and started per manufacturer's recommendations. • Document that equipment and systems receive complete operational checkout by installing contractors. • Document system performance with thorough functional performance testing and monitoring. • Verify the completeness of operations and maintenance materials. • Ensure that the owner's operating personnel are adequately trained on the operation and maintenance of building equipment. 3.3. Commissioning Scope Commissioning for this project will meet or exceed the Commissioning requirements of the Washington State Energy code along with the requirements given in the project specifications. The following equipment and/or systems will be commissioned in this project. All general references to equipment in this document refer only to equipment that is to be commissioned. Equipment marked for startup below will require factory trained startup by the contractor. Refer to section 6.5 below for startup requirements. Commissioning Plan Page 4 of 11 ' = ENERGY CONTROL, INC. Design Phase Cx Task Description Cx Plan Using the Project plans and specification develop a Cx plan. This document is a summary of the Cx process. Submittals Obtain copies of the Submittals for all equipment being commissioned for development of the FPT forms and procedures. O&M's Obtain copies of the O&M information for all equipment being commissioned for development of the FPT forms and procedures. Construction Phase Installation Checks and Functional Performance Testing will be provided for the following systems System Equipment Startup Required HVAC Systems VRF System (Complete system) (46 fan coils) X VRF Controls X Baseboard &Electric Wall Heaters (6) Energy Recovery Unit(DOAS) (1) X Exhaust Fans(1) Ductless Split AC Units(3) X Air Balance Review Plumbing Systems Domestic HW Heaters (1) X HWR Pump (1) HW Mixing Valve (1) Roof Drainage Lighting Systems Interior Lighting Controls Exterior Lighting Controls Post Construction Phase Cx Task Description O&M Manuals Verify O&M Manuals are delivered to owner. As-Builts Verify As-Builts are delivered to owner. Owner Training Cx agent to attend the owner training.Verify all necessary people are in attendance and all important items are covered during owner training Final Cx Report A final Commissioning report will be provided to the owner. Commissioning Plan Page 5 of 11 • ENERGY CONTROL, INC, 4. Commissioning Team Information/Job Contacts Function Company Position Name Office Ph Cell Ph Owner PM City of Spokane Owner Steve Worley 509-720-5014 Valley Arch Architects West Project Steve Roth 208-667-9402 208-771-2211 Manager CxA Energy Control Cx Agent Corey Peterson 509-624-5212 509-951-1945 Al Leech 509-624-5212 509-951-3555 GC Meridian Project Manager 509-443-0252 Constructions Superintendant Dave Clause 509-443-0252 MC Metalcraft Project Manager Buddy Reagan 208-772-3911 - Mechanical Superintendant PC Three V Plumbing Project Manager Scot Vandever 208-773-3600 Superintendant CC Project Manager Superintendant TAB Project Manager Field Balancer EC Peterson Electric Project Manager Scott Lee 509-4891950 509-489-1841 5. Roles and Responsibilities In general, the CxA coordinates the commissioning activities and reports to the general contractor. The CxA's responsibilities, along with all other contractors commissioning responsibilities are described below.. All members work together to fulfill contracted responsibilities and meet the commissioning objectives.. 5.1. Description of Roles CxA: Coordinates the Cx process, writes and/or reviews testing plans, directs and documents performance testing. PM: Facilitates and supports the Cx process and gives final approval of the Cx work. Owner PM: Coordinates maintenance staff participation in commissioning activities. GC: Facilitates the Cx process, ensures that Subs perform their responsibilities and integrates Cx into the construction process and schedule. Subs: Demonstrate correct system performance. Staff: Participate in commissioning tasks and performance testing, review O&M documentation, attend training. A/E: Perform construction observation, approve O&M manuals and assist in resolving problems. Commissioning Plan Page 6 of 11 ENERGY CONTROL, INC. Mfr.: Equipment manufacturers and vendors provide documentation to facilitate the commissioning work and perform contracted startup. 5.2. Project Commissioning Requirements Commissioning for this project shall meet the Commissioning requirements of: • Project Specifications • 2012 Washington State Energy Code 5.3. General Management Plan and Protocols The following protocols will be used on this project. Issue Protocol For requests for information (RFI) The CxA goes first through the GC or formal documentation requests: For minor or verbal information The CxA goes direct to the GC and clarifications: For notifying contractors of The CxA documents deficiencies through the GC, but deficiencies: may discuss deficiency issues with contractors prior to notifying the GC For scheduling tests or training: The CxA provides input and coordination of testing and training. Scheduling is done through the GC and Subs. For scheduling commissioning The CxA selects the date and schedules through the meetings: GC. For making a request for The CxA notifies the PM and Owner PM significant changes: For making minor changes in Any required changes in sequences of operations specified sequences of required to correct operational deficiencies must be operations: approved and documented by the GC/OR and NE team. The CxA may recommend changes in sequences of operation to improve efficiency or control. 6. Commissioning Process This section sequentially details the commissioning process by commissioning task or activity. 6.1. Commissioning Scoping Meeting The scoping meeting brings together all members of the design, construction, and operations team that will be involved in the commissioning process. Each building system to be commissioned is addressed, including commissioning requirements, start-up schedules and completion schedules. During the scoping meeting, all parties agree on the scope of work, tasks, schedules, deliverables, and responsibilities for implementation of the Commissioning Plan. It is best to have this meeting mid construction once the MEP rough in has started. Commissioning Plan Page 7 of 11 • ENERGY CONTROL, INC. 6.2. Commissioning Plan The commissioning agent finalizes the draft Commissioning Plan using the information gathered from the scoping meeting. The initial commissioning schedule is also developed along with a detailed timeline. The timeline is fine-tuned as construction progresses. 6.3. Submittals The general contractor will provide the commissioning agent with a set of equipment and system submittals. This equipment data includes performance data, installation and start-up procedures, O&M data, and temperature control drawings. The subcontractors, general contractor or NE notify the commissioning agent of any new design intent or operating parameter changes, added control strategies and sequences of operation, or other change orders that may affect commissioned systems. 6.4. O&M Manuals .The operation and maintenance manuals prepared by the contractors for the owner's maintenance personnel are reviewed by the c/a for completeness. The contractors are encouraged to submit O&M manuals at the earliest possible date. O&M manuals will be used to help develop the Cx Construction Checklists and Functional Performance Testing Procedures so must be submitted prior to the start of Cx testing. These manuals shall be provided to the Cx as soon as possible after the Submittals have been approved. Materials may be added, or requested from the contractors, to stress and enhance the importance of system interactions, troubleshooting, and long-term preventative maintenance and operation. A database of preventative maintenance information may also be created from the materials in the O&M manuals. 6.5. Commissioning Construction Checklist Construction checklists are prepared by the CxA for systems and equipment being commissioned. These checklists are to be used by the installing contractor and CxA. The checklists ensure that the systems are complete and operational and document the installation of components and completion of systems. Checklists are developed from manufacturer's data, drawings and specifications to include the required installation, checkout, and start up procedures. The installing individual should date and initial the checklists as the construction and start-up is completed. The commissioning agent reviews and verifies the completed checklists before scheduling the functional performance testing. 6.6. Factory Authorized Equipment Startup Specific equipment may require factory authorized startup. Contractor is to coordinate with the CxA to allow the CxA to be present during start up procedures. Contractor shall provide copies of the startup reports to the CxA. Startup documentation is to be included in the final commissioning report. Commissioning Plan Page 8 of 11 ENERGY CONTROL, INC. 6.7. Development of Functional Testing Procedures Functional performance testing verifies the intended operation of individual components and system interactions under various conditions and modes of operation. The systems are run through the engineer's sequences of operation and the response of system components is verified. The CxA prepares functional performance test plans designed to verify sequence of operation. The CxA obtains all documentation, including an updated points list, control sequences, and setpoints. If necessary, the commissioning agent may request clarifications from contractors and the design team regarding sequences and operation. Prior to execution, the commissioning agent provides a copy of the functional performance test plans to the installing subcontractor and general contractor for review and comment regarding feasibility, safety, warranty and equipment protection. Also this review is intended to help the contractor understand his role during commissioning. 6.8. Execution of Functional Testing Procedures The commissioning agent schedules functional tests through the general contractor and subcontractors. Under the supervision of the commissioning agent, the installing subcontractor performs the hardware and/or software manipulations required for the testing. Owner maintenance staff may also be present in order to assist in system observations. The commissioning agent witnesses and records the results of functional performance testing. Any deficiencies found from functional performance testing will be documented in a Deficiency Report. The report will include all details of the components or systems found to be non- compliant with the parameters of the functional performance test plans and design documents. The deficiency report will become part of the punch list. The report will detail the adjustments or alterations required to correct the system operation, and identify the responsible party. The deficiency report will be continuously updated. The commissioning agent schedules any required retesting through the general contractor. At the discretion of the CxA, multiple identical pieces of non-life-safety or otherwise non-critical equipment may be functionally tested using a sampling strategy. 6.9. Deferred Testing Seasonal Testing: Seasonal variation in operations or control strategies may require additional testing during the opposite season to verify performance of the HVAC system and controls. Unforeseen Deferred Tests: If any test cannot be completed due to the building structure, required occupancy condition, or other reason, the functional testing may be delayed upon approval of the owner. These tests should be conducted as soon as possible. An addenda to the commissioning report shall be forwarded to contractor/owner for insertion into the main report. Commissioning Plan Page 9 of 11 ENERGY CONTROL, INC. 6.10. Training and Orientation of Owner Personnel and Occupants Effective maintenance personnel training is critical to the long term performance of the new building. Owner training is the responsibility of contractor. The commissioning agent will review the Training Agenda and attend the training. For each training session, the contractors submit a detailed agenda for each piece of equipment or system for which training is required. The CxA will review the proposed agenda for possible changes. The agenda describes the training scope, duration, and methods, along with the name and qualifications of the trainers. The trainer documents each training session (duration, general subjects covered, and attendees). The commissioning agent may witness any of the training sessions. 6.11. Warranty Period During the occupied warranty period, The commissioning agent may request input from the owner's operations staff and occupants about the performance of the building systems. The commissioning agent also supports the general contractor's troubleshooting process during the warranty period. The contractor will first try and resolve the issues before requesting assistance from the commissioning agent. 6.12. Commissioning Report A final Commissioning Report will be compiled which summarizes all of the tasks, findings, and documentation of the commissioning process. The report will address the actual performance of the building systems in reference to the design documents. All test reports by various sub- contractors, manufacturers and controlling authorities will be incorporated into the final report. The commissioning report includes: • Executive Summary including an evaluation of the operating condition of the systems at the time of functional test completion • Commissioning Plan • Communication record of communication during the commissioning process • Deficiencies that were discovered and the measures taken to correct them • Functional test procedures and results • Test and Balance Report • Reports that document commissioning field activities as they progressed • Training Agenda and list of all who attended the training • • A description and estimated schedule of required deferred testing 7. Schedule 7.1. General Issues The following sequential priorities are followed: 1. Equipment is not"temporarily" started (for heating or cooling), until pre-start checklist items and all manufacturers' pre-start procedures are completed and moisture, dust and other environmental and building integrity issues have been addressed. 2. Functional performance testing does not begin until pre-functional, start-up and TAB is completed for a given system. Commissioning Plan Page 10 of 11 • i ENERGY CONTROL, INC. .— 3. The controls are not functionally tested by the c/a until all control i/o points have been tested; sensors calibrated; and construction checklists are completed by the control contractor. 7.2. Preliminary Project Schedule Commissioning Activity Duration Estimated Estimated Start Date Completion Date Commissioning Plan --- --- 12-15-16 Gather submittals & O&M Manuals for --- 1-15-17 2-1-17 all equipment to be commissioned Site Observations --- 3-1-17 6-25-17 Construction Checklist Completion --- 2-1-17 3-1-17 Startup Documentation Completion --- 3-1-17 6-25-17 Controls system Checkout --- 6-25-17 7-25-17 Test& Balance 6-15-17 6-25-17 Functional Performance Testing --- 6-25-17 7-25-17 Substantial Completion --- --- 7-25-17 Owner Training --- --- 8-15-17 Final Commissioning Report --- --- 9-5-17 Deferred Testing --- --- --- Commissioning Plan Page 11 of 11 ENERGY CONTROL,INC. 1703 N.Normadie Spokane,WA 99205 - (509)-624-5212 COMMISSIONING BID PROPOSAL EXHIBIT B Project Name: Spokane Valley-City Hall Location: Spokane Valley,WA Commissioning Agent: Al Leech,Corey Peterson Bid Date&Time: 11-14-16 Bid Information Bid Type: • Flat Fee a Hourly Expenses Included Hourly W/Max Base Bid: $27,950 Services Included: The commissioning shall include commissioning of the following systems: • VRF system(Indoor units,outdoor unit,branch controllers, • VRF Controls • Baseboard Wall heaters&Electric Unit Heaters • Energy Recovery Unit • Exhaust Fans • Ductless Split AC Units • Dometsic water heaters&mixing valve • Domestic HW recirc system • Fire Sprinkler System • Fire Alarm System&Fire Damper • Lighting Controls(Interior and exterior) • Attend&Coordinate owner training Deductions: • Fire Sprinkler&Fire Alarm Systems -$4,600 The specifications call for the Fire Sprinkler and Fire Alarm systems to be commissioned. A lot of the Commissioning for these systems is redundancy or witnessing of the tests that the Fire Department is already doing. This can certainly be performed but just seems like a place that a little cost could be saved If you need any submittal information or anything else please give us a call.I hope we can be of service to you. If so may we ask that you sign the acceptance line below. Thank you for your consideration. Please call with any questions. 11/14/2016 Alan C.Leech,P.E. Date Energy Control,Inc. Contractor representative accepting proposal Date Contractor company name ..------""11 ENERCON-02 SGEUIN ACOREr DATE(MM/DDmyY) 4..........---- CERTIFICATE OF LIABILITY INSURANCE DATE , I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THiS I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. .• IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on ' this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER oi2TEA:cT Susan Geuin Spokane Office FAX (NCNE No,Exth I(A1C,No): PaYneWest Insurance Inc. 501 N.Rive oint Blvd.,Ste 403 Ai hss:sgeuin@paynewest.com Spokane,WA 99202 INSURERS)AFFORDING COVERAGE NAM S INSURER A:Ohio Casualty Insurance 24074 INSURED INSURER B:Travelers Casualty&Surety Company 19038 Energy Control,Inc. INSURER C: • %Al Leech 9624 W Ownby INSURER D: Nine Mile Falls,WA 99026 INSURER E: INSURER F: _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POUCY EFF POLICY EXP LTR TYPE OF INSURANCE IVSD WVD POUCY NUMBER IMMIDDIYYYYI/prom UNITS A X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE El OCCUR X XBZS1755071356 04/29/2016 04/29/2017 PDMGOREoNeaTEaDrence) $ 2,000,000 15,000 MED EXP(Any one person) $ _ • _ PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 RPOLICY n yea n we PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: WA Stop Gap $ 2,000,000 A AUTOMOBILE UABIUTY (Ea acccide INE1 SINGLE LIMB $ 2,000,000 ANY AUTO BZS1755071356 _ 04/29/2016 04/29/2017 BODILY INJURY(Per person) $ AUTOS ONLY ^SCHEDULED BODILY INJURY(Per accident) $ X AOTOS ONLY X AUTOS O Y (disc i DAMAGE $ $ UMBRELLA UAB _ OCCUR EACH OCCURRENCE $ EXCESS LUIS CLAIMS-MADE AGGREGATE _J . DED RETENTION$ $ WORKERS COMPENSATION • PER ER Anl- ND EMPLOYERS'LIABILrTY YIN ANYAPRROIPMRIIETORR/PARTNEWEXECUTIVE {'"— E.L EACH ACCIDENT $ QFFICEEFIM NH)EXCLUDED? ( I N/A W . E.L DISEASE-EA EMPLOYEE$ Eyes describe under DESCRIPTION OF OPERATIONS below Et DISEASE-POLICY LIMIT $ B Professional Liabili 106413225 12/01/2016 12/01/2017 Per Claim 1,000,000 B Professional Liabiil 106413225 12/01/2016 12/01/2017 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101 Additional Remarks Schedule,may be attached If more space Is required) RE: Contract No.16-188,City Hall Project#0215. City of Spokane Valley Is named as Additional insured as required by written contract,coverage is Primary &Non-Contributory, per form BP7996(07/13)attached. Waiver of Subrogation applies. • CERTIFICATE HOLDER CANCELLATION L SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE WITH THE POL THEREOF, PROViSIONTSCE WILL BE DELIVERED IN •• 11707 E.Sprague Ave.,Suite 106 .• Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE I 4447 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS - - - - - - BP 79 96 0713 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUBJECT RAGE AGGREGATE LIMITS OF INSURANCE 3 AMENDMENT OF INSURED CONTRACT DEFINITION 4 BLANKET ADDITIONAL INSURED(OWNERS,CONTRACTORS OR LESSORS) 2 BODILY INJURY 4 BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU • 2 DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 4 INCIDENTAL MEDICAL MALPRACTICE 2 MOBILE EQUIPMENT 2 NEWLY FORMED OR ACQUIRED ORGANIZATIONS 3 PERSONAL AND ADVERTISING INJURY • 4 SUPPLEMENTARY PAYMENTS 2 BaiiBonds Loss Of Earnings ® 2013 Liberty Mutual Insurance.All rights reserved. BP 79 99 0713 Includes copyrighted material of Insurance Serviced Office,Ino.,with its permission. Page 1 of 4 Section II-Liability is amended as follows: I. SUPPLEMENTARY PAYMENTS • Paragraph f.(1)(b)of A Coverages is replaced by the following; (b) Up to $3000 for cost of ball bond required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for"bodily injury"applies.We do not have to furnish the bonds. Paragraph 1.f.(1)(d)of A Coverages Is replaced by the following; (d) All reasonable expenses incurred by the insured at our request to assist us in the Investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. iI. BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU With respect to the coverage provided under this endorsement,Section II•Liability is amended as follows: 1. The final paragraph of B.1. Exclusions - Applicable To Business Liability Coverage Is deleted and replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner,Exclusions c.,d.,a.,g.,h.,k.,I.,m.,n.and o.do not apply to"property damage". 2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is deleted and replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declaration. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance is deleted. 111. INCIDENTAL MEDICAL MALPRACTICE Exclusion 1.j.(4)does not apply to Incidental Medical Malpractice Injury coverage. The following is added to F.LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 23. "Incidental Medical Malpractice injury" means bodily injury arising out of the rendering of or failure to render,during the policy period,the following services: a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or bev- erages in connection therewith; or b. the furnishing or dispensing of drugs or medical,dental or surgical supplies or appliances. This coverage does not apply to: 1. expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence,Claim or Suit Condition is amended accordingly; 2. any insured engaged in the business or occupation of providing any of the services described under a.and b.above; 3. injury caused by any indemnitee if such Indemnitee is engaged in the business or occupation of providing any of the services described under a,and b.above. IV. MOBILE EQUIPMENT 1. Section C.Who is An Insured is amended to Include any person driving "mobile equipment"with your permission. V. BLANKET ADDITIONAL INSURED(OWNERS,CONTRACTORS OR LESSORS) 1. Section C. Who is An insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement.The written contract or agreement must be: a. currently in effect or becoming effective during the term of this policy;and b. executed prior to the"bodily injury", "property damage", "personal and advertising injury". .• ® 2013 Liberty Mutual insurance.All rights reserved. • BP 79 96 07 13 includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 4 1 2. The insurance provided the additional insured Is limited as follows: a. The person or organization is only an additional insured with respect to liability arising out of (1) Real property, as described in a written contract or written agreement,you own, rent, lease, maintain or occupy; (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions,whichever are less.These limits are inclusive of and not In addition to the limits of Insurance available under this policy. c. The insurance provided the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily Injury", "property damage", "personal and advertising injury"; or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, en- gineer's or surveyor's rendering of or failure to render any professional services including: (a) The preparing, approving maps, shop drawings, opinions, reports, surveys, field orders, change orders,or drawings and specifications;and (b) Supervisory,inspection,architectural or engineering activities. (3) Any "occurrence" that takes place after you cease to be a tenant In the premises described in the Declarations;or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that It apply on a primary basis. VI. NEWLY FORMED OR ACQUIRED ORGANIZATIONS The following 1s added to C.Who Is An Insured: 3. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity.However, a. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period,whichever Is earlier; b. Coverages A.Paragraph 1.Business Liability,does not apply to: (1) "Bodily injury" or "property damage" that occurred before the entity was acquired or incor- porated or organized by you;and (2) "Personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you;and c. 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 a Named Insured in the Declarations. VII. AGGREGATE-LIMITS The following is added to Aggregate Limits Paragraph 4. of D. Liability and Medical Expenses Limits of insurance: The Aggregate Limits apply separately to each of"locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, "location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway,waterway or right- of-way of a railroad. ® 2013 Liberty Mutual Insurance.All rights reserved. BP 79 96 0713 Includes copyrighted material of insurance Services Office,Ino.,with its permission. Page 3 of 4 VIII.DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 1. The requirement in E. Liability And Medical Expenses General Conditions paragraph 2.a.that you must see to it that we are notified of an "occurrence" or offense which may result in a claim applies only • • when the "occurrence" is known to any insured listed in Paragraph C.1. Who is An insured or any "employee"authorized by you to give or receive notice of an "occurrence"or claim. 2. The requirements in E. Liability And Medical Expenses General Conditions paragraph 2.b. that you must sea to it that we receive notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.1.Who is An Insured or any"employee"authorized by you to give or receive notice of an "occurrence"or claim. IX. BODILY INJURY Paragraph 3.of F.Liability And Medical Expenses Definitions is replaced by the following: 3. "Bodily Injury" means; a. Bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at anytime. X. AMENDMENT OF INSURED CONTRACT DEFINITION Paragraph 9.of F.Liability And Medical Expenses Definitions is replaced by the following: 9. "Insured contract"means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner Is not an "Insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition oper- ations on or within 60 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your.business (including an indem- nification of a municipality In connection with work performed for a municipality)under which you assume the tort liability of another party to pay for"bodily injury" or"property damage"to a third person or organization, provided the "bodily injury" or"property damage" Is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract"to the extent your assumption of the tort liability is permitted by law.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not Include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construc- tion or demolition operations,within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks,road-beds,tunnel,underpass or crossing; • (2) That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,surveys,field orders,change orders or drawings and specifications;or • (b) Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage;or (3) Under which the insured, if an architect, engineer or surveyor,assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. XI. PERSONAL AND ADVERTISING INJURY • Paragraph 14.b.of F.Liability And Medical Expenses Definitions is replaced by the following: • b. Malicious prosecution or abuse of process. ® 2013 Liberty Mutual insurance.All rights reserved. BP 79 96 0713 includes copyrighted material of Insurance Services Office,Ino.,with its permission. Page 4 of 4