Loading...
HomeMy WebLinkAbout5361Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date; 5361 PARAMETRIX INC PSA - Washington Avenue Community Boulevard - Permitting Engineering LEG 12-1 4/4/2014 1/15/2015 1/31/2015 2015 Comments : PROFESSIONAL SERVICES AGREEMENT Washington Avenue Community Boulevard - Permitting The City of Bremerton ("City") and Parametrix ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated March 25, 2014, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Co�pensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed Twenty-three thousand, seven hundred ninety-nine dollars ($23,799). Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Parametrix Washington Avenue Community Boulevard - Permitting Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consulta.nts. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the perfortnance of this Agreement. The City may, during' the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, Sta.te professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indepnnification: A. Consultant sha11 defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Consultant's performance of this Agreement, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, En�ineers and Any Other Professional Listed In and Performing Services Defined in RCW 42.24.115: Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY Bremerton/Parametrix Washington Avenue Community Boulevard - Permitting Page 2 of 7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub�Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence%laim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an"occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom cla.im is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's inswance shall be primary insurance as respects the City and it sha11 be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, retum receipt requested to City of Bremerton, attn: Risk Management, Bremerton/Parametrix Washington Avenue Community Boulevard - Permitting Page 3 of 7 345 6�' Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. T'he City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant sha11 furnish periodic reports and documents on matters covered by this Agreement. The reports and documents sha11 be furnished in the time and form requested. Consultant shall mainta.in accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at a11 reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer soflware or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work sha11 be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Bremerton/Parametrix Washington Avenue Community Boulevard - Permitting Page 4 of 7 Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire A�reement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. F. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement sha11 remain in fiill force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address 100 Oyster Bay Avenue North Bremerton, WA 98312 Consultant Address 4660 Kitsap Way, Suite A Bremerton, WA 98312 I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances sha11 not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant sha11 comply with a11 applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attornevs' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assi ent: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. Bremerton/Parametrix Washington Avenue Community Boulevard - Permitting Page 5 of 7 VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant sha11 include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delavs: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of waz, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar da.ys in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Ri ts Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. Bremerton/Parametrix Washington Avenue Community Boulevard - Permitting Page 6 of 7 CITY OF BREMERTON :. �� . . /�[� .. - ��,�',. , , �.- �� Approved as to fo � ( , `� � ; � remerton ,�� t Att ey R\Legal\l..egal\Contracts\FORMS\Profess�onal Services Agreement Form (2012) doc Bremerton/Parametrix Washington Avenue Community Boulevard - Permitting Page 7 of 7 CONSULTANT t: City Clerk EXHIBIT A— SCOPE OF WORK City of Bremerton Washington Avenue Community Boulevard. Permitting Services INTRODUCTION The Washington Avenue Community Boulevard project consists of roadway, non-motorized transportation, sanitary sewer, water, and stormwater improvements on Washington Avenue between Sth Street and the Manette Bridge. A main element of the work consists of abandonment of the beach main between Lift Stations CE3 and CFfI and provision of a gravity sewer in Washington Avenue as a replacement. The building at CE3 will be removed, and the remaining caisson will be converted to an at-grade viewing platform. This scope of work (SOW) describes Parametrix's proposed tasks to obtain permits for the work. Permitting services are being initiated prior to design due to the anticipated long lead required for this work item. The following tasks are associated with this SOW: Task 1— Project Management and Meetings Objective Obtain project data; monitor and manage scope, schedule, and budget; and periodically meet with the City and other members of the design team to review project status. Activities The following activities are associated with this task: • Schedule, prepare for, attend, and document up to two project meetings including one potential meeting at DNR offices in Olympia. • Manage and direct the project technical team. • Provide routine project management and communications (scope, schedule, budget, invoicing, etc.). • Prepare detailed monthly progress reports and progress billings and submit to the City for approval and payment. The monthly report will include: ➢ A narradve of the work performed and the tasks to be performed in the next reporting period and, if necessary, explanation of delays, problems, responsive action requirements by the Consultant and the City, and other project needs. Deliverables The following deliverables will be prepared: • Routine conespondence including monthly progress reports. • Meeting agendas and notes. Ctry of Bremerton 234-1896-870 Washington Avenue Com»tuniry Baulevard Permuting ! March 25, 20/4 Services Scope of Work Assumptions The following assumptions apply to this task: • Project duration will be 10 months (April 2014 through February 2015). Task 2 — Permits Objective Assist the City in obtaining necessary permits and authorizations for the project. Aclivities The following activities will be performed: • Prepare and submit necessary checklists and documentation for the anticipated project permits and authorizations listed as follows: ➢ SEPA Determination (checklist required). ➢ Shoreline Exemption (application required). � Hydraulic Project Approval (HPA; requires a JARPA). � USACE permit (requires JARPA, Biological Evaluation, and Cultural Resources Assessment). ➢ DNR Use Authorization (for work on the beach to abandon sewer and laterals). a NPDES Construction Stormwater Pernut. • Coordinate with all agencies as required to complete the permit application process and ensure permits and authorizarions are received in a timely manner. • Coordinate as needed with Biological Evaluation and Cultural Resources Assessment subconsultants. Note: T'he subconsultant work will be performed under Task 3. Deliverables The following deliverables aze associated with this task: • Completed pernuts and approvals consisting of SEPA determination, Shoreline Exemption, HPA, USACE permit, DNR Use Authorization, and NPDES Construction Stormwater permit. Assumptions The following assumptions are associated with this task: • Pernut fees will be paid directly by the City • Adjacent property owner information for the JARPA will be developed from existing Kitsap County Assessor data. Ciry of Bremerton 234-If396-870 Washington Avenue Communiry Boulevard Permirting 2 March 25, 2014 Serv�ces Scope of Work Task 3 — Subconsultants Objective Provide subconsultants to develop information to support design and permitting. Activities The following activities are associated with this task: • Perform a Cultural Resources Assessment (Cultural Resources Consultants) to support the USACE permit. • Perform an abbreviated biological evaluation (BE) to support the USACE pernut (Latona). Deliverables The following deliverables will be prepazed: • Cultural Resources Assessment Report. � Biological Evaluation Report. Assumptions The following assumptions apply to this task: • An abbreviated BE will be sufficient for the USACE permit (as was indicated by Jerry Gregory of the USACE during a phone call with Parametrix staffl. Ctry of Bremerton 2j4-1896-870 Washington Avenue Communery Boulevard Permitting 3 March 25, 2014 Services Scope of Work EXHIBIT B — SCHEDULE Work Element Completed By Notice to Proceed SEPA ChecklisdShoreline Exemption Application JARPA Submittal (incl. discipline reports) April 1, 2014 May 1, 2014 June 15, 2014 All Pernuts and Authorizations Received (7 mo.) January 1 5, 2015 City of Bremerton Washington Avenue Community Boulevard Permitt�ng Serveces Scope of Work 234-1896-870 Marrh 25, 2014 PARI4AAETRIX EXHIBIT C - BUDGET ��s�2o,a PI'OjeCt: Washington Avenue Communfty Boulevard - Permltting Services Ciient: City of Bremerton � PMX # BILLING ST � PM CADD Plan�r 11 PC WP Aod �_ MULT D Oi�uhn S Resnwsen KWar�en LS[cve� LEdrrartls V 6oileeu 70TAL 70TAL PHASE TASK ORO CODE 310 Dirocl Labor Rate S53 48 E27.25 529 52 y25 75 E27 70 S29 81 HOURS COST 1 1 PmJeetMana emeMandMaetl�rys Mee6ngs (nd.1 m qy) 8 � i 8 57,326 PrqectManagement(10mo) f0 5 5 20 52.535 Emenses (6%al L� j 5232 Subtotal 1E S 5 18 i4,097 1 7 Pe�mib SEPA 4 76 20 52,127 Shaeline (Ezanpt) : 4 � _ 4 _ $366 — ----- ...........-�- ------ ...............- -- ....... __.._ .. JARPA (CORPS AND W� 4 B 16 ; 28 52,803 HPACaardinaUon 2 6 8 E881 BE Coordina6an Y 2 � 4 5515 �NR Poghl of Entry 4 12 16 51,761 --��---...._.__._........__. ...._. _ ..... ........ ._ .......----. ... .... .- �-� -- �----��- —'--' —�-�-- ----- �-----._.. ..._.._..._..._..--- NPDES ConstrucUon Slamwatar 1 4 5 5532 CulWrel Resosources A�neit Caardmehm 1 1 8166 Et�eises (6%ot Le6ar) $549 Subta�l 7A 8 BO 68 f9,TU0 Laborand Expensea Subtotal 78 ! 80 5 5 111 f13,792 1 1 Subwmullmh GL IWraI Resources Assesanent- C RC � 52,500 -------��---...._.......-- ......................... ....__...._._.................._..-� ----�--�--- �---...._. .---- ...--- -��--� --..._ .... ......._.._ Bidogic� Evaluahon - l.atona E7,030 Subtofal i9�5�0 -- 5%MxkW i 5477 TotalSubconsullants � i1Q007 PROJECT TOTAL $23,799 Rapared By D. Dmkuhn Re�evred By P Strudc (Senia Enpu�eer) (Senior Consu ant) WA Ave Pertnitting Budget 032514.x1sx Page 1 Client#:319834 PARAMINC 6.3 ( f ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/Y ) 6/02/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 CONTACT Colleen MacLafferty Kibble&Prentice,a USI Co PHONN, ):206-441-6300 FAX 610-362-8518 (A/C,No): 601 Union Street,Suite 1000t v ECEIVED ao ReSS: CLCertRequest@usi.biz Seattle,WA 98101 p 1 • INSURER(S)AFFORDING COVERAGE NAIC# JUN 0 9 2014 INSURER A:Hanover Insurance Company 22292 INSURED INSURER B:Employers Ins Co of Wausau 21458 Parametria,Inc. 100215th St.SW,Suite 220 City of Bremerton INSURER C:XL Specialty Insurance Company 37885 Auburn,WA 98001-6502 Risk Management INSURER D:Allmerica Financial Benefit Ins 41840 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: K1/K2 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS / A GENERAL LIABILITY ZH2893486903 11/01/2013 11/01/2014 EACH OCCURRENCE $1,000,000 V X COMMERCIAL GENERAL LIABILITY PREMISES((Ea occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X WA Stop Gap PERSONAL&ADV INJURY_$1,000,000 GENERAL AGGREGATE $2,000,000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $Included r 7 POLICY X jEa X LOC WA Stop Gap $1,000,000 D AUTOMOBILE LIABILITY AW2889472703 11/01/2013 11/01/2014 (Ea COMBINEDt) $1,000,000 SINGLE LIMIT I/. acciden - X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS _ X HIRED AUTOS }( NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) , $ AX UMBRELLA LIAB X OCCUR UH2891561603 11/01/2013 11/01/2014 EACH OCCURRENCE $10,000,000✓ - EXCESS LIAB CLAIMS-MADE XS of GL,Auto& AGGREGATE $10,000,000 DED RETENTION$None Employers Liab $ B WORKERS COMPENSATION WCCZ91447422013 11/01/2013 11/01/2014 X TO Y LIMIT OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE States:AZ CO ID E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A - (Mandatory In NH) MT NM OR UT E.L.DISEASE-EA EMPLOYEE $1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below USL&H included E.L.DISEASE-POLICY LIMIT $1,000 000 C Professional DPR9709786 11/01/2013 11/01/2014 $1,000,000 Per Claim Liability Pollution Legal $1,000,000 Aggregate Claims Made Liability incl. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) 233-1896-124-Washington Avenue Community Boulevard Engineering Services,Bremerton,Washington. City of Bremerton is Additional Insured and coverage is primary as respects General Liability if required by written contract per attached endorsements. CERTIFICATE HOLDER CANCELLATION Cityof Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street,Suite 600 Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE eta..--)t w - ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S12605594/M11195277 TXSZP ZH2 8934869 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES ciIncludedAdditional Insured by Contract,Agreement or Permit Additional Insured-Broad Form Vendors Included 3. Aggregate Limit per Location Included 4. Alienated Premises Included 5. Bodily Injury Redefined Included 6. Broad Form Property Damage- Borrowed Equipment, Customers Goods& Included Use of Elevators 7. Extended Property Damage Included 8. Incidental Malpractice(Employed nurses, EMT's&paramedics) Included 9. Knowledge of Occurrence Included 10. Liberalization Clause Included 11. Medical Payments- Increased Limit $ 10,000 12. Mobile Equipment Redefined Included 13. Newly Acquired or Formed Organizations-Covered until end or policy period Included 14. Non-owned Watercraft 51 ft. 15. Personal Injury- Broad Form Included 16. Product Recall Expense - Each Occurrence Limit $ 25,000 -Aggregate Limit $ 50,000 17. Property Damage Legal Liability(Fire, Lighting, Explosion, Smoke or Leakage Damage) $500,000 18. Supplementary Payments Increased Limits -Bail Bonds $ 2,500 -Loss of Earnings $ 300 19. Unintentional Failure to Disclose Hazards Included 20. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or (2) Premises you own, rent, lease or occupy. Permit This insurance applies on a primary basis if Under Section II -Who Is An insured, Paragraph 5. that is required by the written contract, is added as follows: written agreement or permit. 5. a. Any person or organization with whom you b. This provision does not apply: agreed, because of a written contract, written (1) Unless the written contract or written agreement or permit to provide insurance, is agreement has been executed or permit an insured, but only with respect to: has been issued prior to the"bodily injury", I (1) "Your work"for the additional insured(s) "property damage", "personal injury"or at the location designated in the contract, "advertising injury". agreement or permit; or Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 1 of 6 • (2) To any person or organization included as (4) Repackaging, unless unpacked solely for an insured by an endorsement issued by the purpose of inspection, us and made part of this Coverage Part. demonstration,testing, or the substitution (3) To any person or organization included of parts under instruction from the as an insured under item 2 of this manufacturer, and then repackaged in endorsement. the original container; (4) To any lessor of equipment: (5) Any failure to make such inspection, ad- justments,tests or servicing as the (a) After the equipment lease expires; or vendor has agreed to make or normally (b) If the"bodily injury", "property dam- undertakes to make in the usual course age", "personal injury"or"advertising of business in connection with the sale of injury" arises out of sole negligence the product; of the lessor. (6) Demonstration, installation, servicing or (5)To any: repair operations, except such (a) Owners or other interests from whom operations performed at the vendor's land has been leased which takes premises in connection with the sale of place after the lease for the land ex- the product; pires; or (7) Products which, after distribution or sale (b) Managers or lessors of premises if: by you, have been labeled or relabeled or used as a container, part or ingredient of (i) The occurrence takes place after any thing or substance by or for the you cease to be a tenant in that vendor. premises; or c. This insurance does not apply to any insured (ii) The "bodily injury", "property person or organization, from whom you have damage", "personal injury" or acquired such products, or any ingredient, "advertising injury"arises out of, part or container, entering into, accompany- structural alterations, new con- ing or containing such products. struction or demolition operations performed by or on 3. Aggregate Limit Per Location behalf of the manager or lessor. (1) Under Section III - Limits of Insurance the 2. Additional Insured -Broad Form Vendors General Aggregate Limit applies separately to each of your"locations"owned by or rented to Under Section II -Who Is An Insured, Paragraph 6. you. is added as follows: (2) Under Section V - Definitions, definition 23. is 6. a. Any person or organization with whom you added as follows: agreed, because of a written contract or 22. "Location" means premises involving the written agreement to provide insurance, but same or connecting lots, or premises whose only with respect to"bodily injury"or connection is interrupted only by a street, "property damage"arising out of"your roadway,waterway or right-of-way of a rail- products"which are distributed or sold in the road. regular course of the vendor's business, subject to the following additional exclusions: b. The insurance afforded the vendor does not 4. Alienated Premises apply to: Under Section I - Coverage A, paragraph 2. Exclu- sions, j. (2) is replaced in its entirety with the (1) "Bodily injury" or"property damage"for following: which the vendor is obligated to pay dam- ages by reasons of the assumption of li- (2) Premises you sell, give away or abandon, if the ability in a contract or agreement. This "property damage" arises out of any part of those exclusion does not apply to liability for premises and occurred from hazards that were damages that the insured would have in known by you, or should have reasonably been the absence of the contract or agreement; known by you, at the time the property was (2) Any express warranty unauthorized by transferred or abandoned. you; (3) Any physical or chemical change in the 5. Bodily Injury Redefined product made intentionally by the vendor; Under Section V - Definitions, definition 3. "bodily injury" is replaced in its entirety with the following: Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 2 of 6 3. "Bodily injury" means bodily injury, sickness or 9. Knowledge of Occurrence disease sustained by a person. This includes Under Section IV - Commercial General Liability mental anguish, mental injury, shock,fright or Conditions, Condition 2- Duties in the Event of death resulting from"bodily injury", sickness or Occurrence, Offense, Claim or Suit, paragraph e. disease. is added as follows: 6. Broad Form Property" Damage - Borrowed e. Notice of an "occurrence", offense, claim or"suit" Equipment, Customers Goods, Use of Elevators will be considered knowledge of the insured if reported to an individual named insured, partner, (1) Under Section I - Coverage A, paragraph 2. executive officer or an"employee"designated by Exclusion j. is amended as follows: you to give us such a notice. Paragraph (4)does not apply to "property dam- age"to borrowed equipment while at a jobsite 10. Liberalization Clause and not being used to perform operations. Under Section IV - Commercial General Liability Paragraphs ,(3), (4) and (6)do not apply to Conditions, condition 10. is added as follows: "property damage"to"customers goods" while 10. Liberalization Clause on your premises nor do they apply to the use of elevators at premises you own, rent, lease or If we adopt any revision that would broaden the occupy. coverage under this Coverage Form without (2) Under Section V - Definitions, definition 24. is additional premium,within 45 days prior to or added as c follows: during the policy period, the broadened coverage will immediately apply to this 23. "Customers goods" means property of your Coverage Part. customer on your premises for the purpose of being: 11. Medical Payments-Increased Limits a. worked on; or (1) Under Section I - Coverage C, paragraph a. b. used in your manufacturing process. (2) is replaced in its entirety by the following: (3) The insurance afforded under this provision is (2) The expenses are incurred and reported to excess over any other valid and collectible prop- us within three years of the date of the erty insurance(including deductible)available to accident; and the insured whether primary, excess, contingent (2) Under Section III - Limits of Insurance, or on any other basis. paragraph 7. is replaced in its entirety by the following: 7. Extended Property Damage 7. Subject to 5. above, the higher of: Under Section I - Coverage A, paragraph 2. a. $10,000; or Exclusions, Exclusion a.,is replaced in its entirety with the following: b. The amount shown in the Declarations for Medical Expense Limit is the most a. "Bodily injury"or"property damage"expected or we will pay under Coverage C for all intended from the standpoint of the insured.This medical expenses because of "bodily exclusion does not apply to"bodily injury" or injury"sustained by one person. "property damage"resulting from the use of reasonable force to protect persons or property. (3) This coverage does not apply if Coverage C - Medical Payments is excluded either by the 8. Incidental Malpractice - Employed Nurses, EMT's er emns the Coverage Part or by and Paramedics en dd orsemenn t. Under Section II - Who Is An Insured, paragraph 12. Mobile Equipment Redefined 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if Under Section V - Definitions, definition 12, you are not engaged in the business or occupation of Mobile Equipment, paragraph f.(1)(a)(b)(c) does providing medical, paramedical, surgical, dental,x- not apply to self-propelled vehicles of less than ray or nursing services. 1,000 pounds gross vehicle weight. 13. Newly Acquired Or Formed Organizations Under Section II -Who Is An Insured, paragraph 4.a. is replaced in its entirety by the following: Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 3 of 6 a. Coverage under this provision is afforded only repair, replacement, adjustment, removal until the end of the policy period. or disposal of: 14. Non-Owned Watercraft (1) "Your product"; (2) "Your work"; or Under Section I - Coverage A, paragraph 2 (3) "Impaired property"; Exclusions, g.(2) is replaced in its entirety by the following: if such product,work, or property is (2) A watercraft you do not own that is: withdrawn or recalled from the market or (a) Less than 51 feet long; and from use by any person or organization because of a known or suspected defect, (b) Not being used to carry persons or deficiency, inadequacy or dangerous property for a charge; condition in it, but this exclusion does not This provision applies to any person,who apply to"product recall expenses"that you with your consent, either uses or is incur for the"covered recall" of "your responsible for the use of a watercraft. product". The exception to the exclusion does not apply to"Product recall 15. Personal Injury-Broad Form expenses"resulting from: (1) Under Section I -Coverage B, paragraph 2.e. (1) Failure of any products to accomplish is deleted in its entirety. their intended purpose; (2) Under Section V - Definitions, definition 14, (2) Breach of warranties of fitness, quality, paragraph b. is replaced in its entirety by the durability or performance; following: (3) Loss of customer approval, or any cost b. Malicious prosecution or abuse of process. incurred to regain customer approval; (3) Under Section V - Definitions,definition 14, (4) Redistribution or replacement of "your paragraph h. is added as follows: product"which has been recalled by like products or substitutes; h. Discrimination or humiliation (unless insurance thereof is prohibited by law)that (5) Caprice or whim of the insured; results in injury to the feelings or reputation (6) A condition likely to cause loss of of a natural person, but only if such which any insured knew or had reason discrimination or humiliation is: to know at the inception of this (1) Not done intentionally by or at the insurance; direction of: (7) Asbestos, including loss, damage or (a)The insured; clean up resulting from asbestos or asbestos containing materials; (b) Any officer of the corporation, (8) Recall of "your products"that have no director,stockholder, partner or member of the insured; and known or suspected defect solely because a known or suspected defect (2) Not directly or indirectly related to an in another of"your products" has been "employee", not to the employment, found. prospective employment or termination of any person or persons by an (2) Under Section II - Who Is An Insured, insured. paragraph 4.d. is added as follows: (4) This coverage does,not apply if Coverage B - d. Coverage A does not apply to"product Personal and Advertising Injury Liability is recall expense" arising out of any excluded either by the provisions of the withdrawal or recall that occurred before Coverage Part of by endorsement. you acquired or formed the organization. (3) Under Section III - Limits of Insurance, 16. Product Recall Expense paragraph 8. is added as follows: (1) Under Section I - Coverage A, paragraph 2 8. The Limits of Insurance and rules stated Exclusions, n. is replaced in its entirety by the below fix the most we will pay under this following: coverage part. n. Recall of Products, Work or Impaired (1) The Aggregate Limit is the most we will Property reimburse you for the sum of all "product Damages claimed for any loss, cost or recall expenses"incurred for all "product expense incurred by you or others for the recall expenses" initiated during the policy loss of use, withdrawal, recall, inspection, period. Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 4 of 6 (2) The Each Occurrence Limit shown in the until it has been determined that all Summary of Coverages Declaration is the such products are free from defects most we will pay in connection with any that could be a cause of loss under this one defect or deficiency. insurance. (a) All"product recall expenses" in (5) Under Section V - Definitions,the following connection with substantially the same definitions are added: general harmful condition will be 25. "Covered recall," means a recall made deemed to arise out of the same defect necessary because you or a government or deficiency and considered one body has determined that a known or occurrence. suspected defect, deficiency, inadequacy, (b) Any amount reimbursed for"product or dangerous condition in "your product" recall expenses"in connection with has resulted or will result in "bodily injury" any one occurrence will reduce the or"property damage". amount of the Aggregate Limit 26. "Product recall expense" means: available for reimbursement of a. Necessary and reasonable expenses "product recall expenses" in for: connection with any other defect or (1) Communications, including radio or deficiency. television announcements or (c) If the Aggregate Limit has been printed advertisements including reduced by reimbursement of"product stationery, envelopes and postage; recall expenses"to an amount that is (2) Shipping the recalled products less than the Each Occurrence Limit, from any purchaser, distributor or the remaining Aggregate Limit is the user to the place or places most that will be available for designated by you; reimbursement of"product recall (3) Remuneration paid to your regular expenses" in connection with any other "employees"for necessary over- defect or deficiency. time; The Limits of Insurance of Product Recall (4) Hiring additional persons, other Expense apply separately to each than your regular"employees"; consecutive annual period and to any (5) Expenses incurred by"employees" remaining period of less than 12 months, starting with the beginning of the policy including transportation and ac- period shown in the Declarations, unless commodations; the policy period is extended after issuance (6) Expenses to rent additional ware- for an additional period of less than 12 house or storage space; months. In that case,the additional period (7) Disposal of"your product", but only will be deemed part of the last preceding to the extent that specific methods period for the purposes of determining the of destruction other than those Limits of Insurance. employed for trash discarding or (3) A Deductible of$500 applies for Each disposal are required to avoid Occurrence. "bodily injury"or"property damage" (4) Under Section IV - Commercial General as a result of such disposal; Liability Conditions, Condition 2- Duties in You incur exclusively for the purpose the Event of Occurrence, Offense, Claim or of recalling "your product"; and Suit, paragraph f. is added as follows: b. Your lost profit resulting from such f. You must see to it that the following are "covered recall". done in the event of an actual or anticipated "covered recall"that may result 17. Property Damage Legal Liability (Fire, in"product recall expense": Lightning, Explosion, Smoke or Leakage from (1) Give us prompt notice of any discovery Fire Protective Systems Damage) or notification that"your product" must (1)The word fire is changed to fire, lightning, be withdrawn or recalled. Include a explosion, smoke and leakage from fire pro- description of"your product"and the tective systems where it appears in the Limits reason for the withdrawal or recall; of Insurance section of the Declarations for the (2) Cease any further release, shipment, Commercial General Liability Coverage Part. consignment or any other method of distribution of like or similar products Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 5 of 6 (2) Under Section I - Coverage A, the last para- 18. Supplementary Payments Increased Limits graph (after the exclusions)is replaced in its Under Section I - Supplementary Payments, entirety by the following: Coverages A and B, paragraphs 1.b. and 1.d.are Exclusions c. through n. do not apply to dam- replaced in their entirety as follows: age by fire, lightning, explosion, smoke or leak- 1.b. Up to$2,500 for cost of bail bonds required age from fire protective systems to premises because of accidents or traffic law violations while rented to you or temporarily occupied by arising out of the use of any vehicle to which you with the permission of the owner. A sepa- the Bodily Injury Liability Coverage applies. rate limit of insurance applies to this coverage We do not have to furnish these bonds. as described in LIMITS OF INSURANCE (SEC-TION III). This limit will apply to all 1.d. All reasonable expenses incurred by the damage proximately caused by the same insured at our request to assist us in the event, whether such damage results from fire, investigation or defense of the claim or"suit", lightning, explosion, smoke or leakage from fire including actual loss of earnings up to$300 a protective systems or any combination of the day because of time off from work. five. (3) Under Section III -Limits Of Insurance, para- 19. Unintentional Failure to Disclose Hazards graph 6. is replaced in its entirety by the follow- Under Section IV - Commercial General Liability ing: Conditions, Condition 6. - Representations, 6. Subject to 5. above, the higher of: paragraph d. is added as follows: a. $500,000; or d. We will not disclaim coverage under this b. The Fire, Lightning, Explosion, Smoke Coverage Part if you fail to disclose all hazards or Leakage from Fire Protective Sys- existing as of the inception date of the policy tems Damage Limit shown in the Dec- provided such failure is not intentional. larations is the most we will pay under Coverage A for damages because of 20. Unintentional Failure to Notify "property damage"from fire, lightning, Under Section IV - Commercial General Liability explosion, smoke and leakage from fire Conditions, Condition 2. - Duties in the Event of protective systems to premises,while Occurrence, Offense, Claim or Suit, paragraph rented to you or temporarily occupied g. is added as follows: by you with permission of the owner. f. Your rights afforded under this policy shall not (4) Under Section IV - Commercial General be prejudiced if you fail to give us notice of an Liability Conditions, Condition 4. Other "occurrence", offense, claim or "suit", solely Insurance, paragraph b.(2) is replaced by the due to your reasonable and documented belief following: that the"bodily injury"or"property damage"is b.(2) That is fire, lightning,explosion, smoke not covered under this policy. or leakage from fire protective systems insurance for premises rented to you or temporarily occupied by you with per- mission of the owner; or (5) Under Section V - Definitions,definition 9. "Insured contract", a. is replaced in its en- tirety by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or leakage from fire pro- tective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". (6) This coverage does not apply if Fire Damage Legal Liability of Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 6 of 6 ZH2 8934869 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Other Insurance— Primary and Non-Contributory (Additional Insured) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section IV—Commercial General Liability Conditions 4.Other Insurance a. Additional Insureds (a) That is Fire,. Extended If you agree in a writtenftontract, written Coverage, Builder's agreement or permit that the insurance Risk, Installation Risk or similar coverage for provided to any person or organization "your work"; included as an Additional Insured under Section II — Who is An Insured, is (b) That is Fire insurance primary and non-contributory, the for premises rented to following applies: the Additional Insured or temporarily occupied by the Additional If other valid and collectible insurance is Insured with permission available to the Additional Insured for a of the owner; loss we cover under Coverages A or B of this Coverage Part, our obligations (c) That is insurance are limited as follows: purchased by the Additional Insured to 1.Primary Insurance cover the Additional This insurance is primary to other Insured's liability as a insurance that is available to the tenant for "property Additional Insured which covers the damage" to premises Additional Insured as a Named rented to the Additional Insured. We will not seek Insured or temporarily contribution from any other occupied by the insurance available to the Additional Additional with Insured except: permission of the i. For the sole negligence of the owner; or Additional Insured; (d) If the loss arises out of ii. when the Additional Insured is the maintenance ori use an Additional Insured under of aircraft, autos or watercraft to the extent another primary liability policy; or not subject to Exclusion g. of Section I — iii. when 2. below applies. Coverage A — Bodily If this insurance is primary, our Injury• And Property obligations are not affected unless Damage Liability. any of the other insurance is also When this insurance is excess, we will have primary.Then,we will share with all no duty under Coverages A or B to defend the that other insurance by the method insured against any "suit" if any other insurer described in 3.below. has a duty to defend the insured against that 2. Excess Insurance "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to This insurance is excess over: the insured's rights against all those other (1) Any of the other insurance, insurers. whether primary, excess, When this insurance is excess over other contingent or on any other insurance, we will pay only our share of the basis: amount of the loss, if any, that exceeds the sum of: Page 1 of 2 421-0452 06 07 Includes copyrighted material of Insurance Services Offices,Inc.,with its permission (1) The total amount that all such other 3. Method Of Sharing insurance would pay for the loss in the If all of the other insurance permits absence of this insurance; and contribution by equal shares, we will (2) The total of all deductible and self- follow this method also. Under this insured amounts under all that other approach each insurer contributes equal insurance. amounts until it has paid its applicable We will share the remaining loss, if any, limit of insurance or none of the loss with any other insurance that is not remains,whichever comes first. described in this Excess Insurance If any of the other insurance does not provision and was not bought specifically permit contribution by equal shares, we to apply in excess of the Limits of will contribute by limits. Under this Insurance shown in the Declarations of method, each insurer's share is based on this Coverage Part. the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Page 2 of 2 421-0452 06 07 Includes copyrighted material of Insurance Services Offices,Inc.,with its permission KIBBLE & PRENTICE A USI COMPANY CERTIFICATE RETURN MAIL PROCESSING P.O. BOX 5007 NOVATO, CA 94948-5007 CITY OF BREMERTON ATTN: RISK MANAGEMENT STE 600 345 6TH ST BREMERTON WA 98337-1873 • •