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HomeMy WebLinkAbout5389Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date Vault Date: 5389 L2 SYSTEMS, LLC PSA - Water System SCADA Lifecycle Upgrade Water Resources LEG 12-1 6/12/2014 12/31/2016 9/1/2016 2017 Comments : �n��- �3�� .� AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJEC'�: Professional Services Agreement with L2 Systems, LLC for the Water SCADA�System Upgrade Study Session Date: May 28, 2014 COUNCIL MEETING Date: June 4, 2014 Department: Public Works and Utilities Presenter: Kathleen Cahall, Water Resources Manaqer Phone: 473-2315 SUMMARY The City of Bremerton Water Supervisory Control and Data Acquisition (SCADA) system provides a critical function for the City's drinking water operations through real-time monitoring of water system conditions, assuring the system operates per facility set points, alerting water operators to alarm conditions, and providing a database for analysis and reporting. The SCADA is the nervous system for the water utility. The goal of this project is to modemize and enhance the water SCADA system by upgrading older equipment and software at over thirty sites and standardizing on Allen Bradley control technology and to convert communications to Ethernet through fiber optic and radio. A more uniform SCADA system will streamline operations and maintenance and allow better management of lifecycle status, while improving security and data capabilities. ATTACHMENTS: Professional Services Agreement with L2 Systems, LLC FISCAL IMPACTS (Include Budgeted Amount): This project is budgeted in the 2014 — 2016 Capital Improvement Project budget. The budget breakdown for 2014 is $100,000; 2015 is, $350,000; 2016 $150,000. STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the professional services agreement with L2 Systems, LLC and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [�Approve Form Updated 01/25/13 ❑ Deny ❑ Table ❑ Continue ❑ No Action PROFESSIONAL SERVICES AGREEMENT WATER SYSTEM SCAI)A LIFECYCLE UPGRADE V �i �� � � � The City of Bremerton ("City") and L2 Systems, LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services and provide the products more specifically described in the Scope of Work, dated March 2014, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. All provisions in this Agreement regarding "services" and "work" shall also apply to the products provided in the Scope of Work. 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. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $608,000. 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. Water System SCADA Lifecycle Upgrade 2014 PSA Page 1 of 20 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. Defective or Unauthorized Work. The City reserves its right to withhold payment from Consultant for any defective or unauthorized goods, materials or services. If Consultant is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services by agreement or otherwise, and Consultant shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurrec! by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Consultant. 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 Consultants. 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 performance 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, State 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. Indemnification: A. Consultant shall 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. Water System SCADA Lifecycle Upgrade 2014 PSA Page 2 of 20 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, Engineers 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 1NSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS 1NDEMNIFICATION. 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/claim. 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. Water System SCADA Lifecycle Upgrade 2014 PSA Page 3 of 20 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 andlor endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 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. The 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 shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain 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 Everett, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such Water System SCADA Lifecycle Upgrade 2014 PSA Page 4 of 20 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 software 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 shali 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 shall 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 Everett, Washington. Meetings with the City staff as described in 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 shall remain in full 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 Bremerton Public Works and Utilities 100 Oyster Bay Ave N Bremerton, WA 98312 Consultant Address L2 Systems, LLC 3322 16th Street Everett, WA 98201 I. Waiver: Faiiure 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. Water System SCADA Lifecycle Upgrade 2014 PSA Page 5 of 20 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 shall 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 shall comply with all 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 nment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. 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 tertninating 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-performin� Party. Any Notice by Consultant shall 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 aiter the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. EYCUSable Delays: 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 war, 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, Water System SCADA Lifecycle Upgrade 2014 PSA Page 6 of 20 HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days 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 ng 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 & IDebarment. 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. CITY OF BREMERTON � �� , �L•� : '� i7 � �� , , , �. • . . CONSULTANT � B G/�n r� , « � its: �� �,Ti �,�. Date: ���� �/ Approved as to form: est: . � Bremerto Ci Atto ey City Clerk R•\Lega�Leg ontracts\FORMS�Profcssional Services Agreement Fortn (2012).doc Water System SCADA Lifecycle Upgrade 2014 PSA Page 7 of 20 EXHIBIT A WATER SYSTEM SCADA LIFECYCLE UPGRADE SCOPE OF WORK March 2014 BACKGROUND The City of Bremerton Water Supervisory Control and Data Acquisition (SCADA) System provides a critical function for the City's drinking water system through real-time monitoring of water system conditions as required by regulations, assuring the system operates per facility set points such as reservoir levels and pump operations, alerting water operators to off-spec and alarm conditions, notification of security breaches, graphing and analyzing system data, and providing a database for regulatory reports. Without a SCADA system, it would take three shifts of an increased number of operators to ensure the water system provided safe water and met all regulations. In the past, SCADA relied on telephone "tone telemetry" and strip charts. In the early 1990's, Bremerton converted to Autocon brand remote telemetry units and master telemetry unit and converted some of the phone lines to radio. As the Autocon equipment has become outdated, all new water facilities have been installed with Allen Bradley brand programmable logic controllers (PLCs), with on-site PanelViews for local operator control. Information is sent to the master via a combination of radios, fiber optic and leased lines. At the master, the data is fed to a server and a human-machine interface (HMI) using Allen Bradley's RS View Factory Talk. Alarms are monitored and communicated to water operators through their cell phones via the WIN911 program. Bremerton's current water system SCADA is a collection of old and new features. This is a common situation as SCADA technology has only recently matured as a technology. There have been many recent technological changes that have increased the speed, flexibility, functionality, and capacity of SCADA systems at reduced costs. The Autocon units purchased more than 20 years ago are no longer supported. OBJECTIVE The goal of this project is for the water system to modernize and enhance its SCADA system by replacing the Autocon RTUs with Allen Bradley PLCs/PanelViews and to convert the communications from the phone system to more robust and less expensive fiber optic/radio/wireless. Standardization to a more uniform SCADA system using ethernet communications protocol will streamline operations and maintenance, allow better management of lifecycle status, while improving security and data capabilities. For security, integrity, and consistency, programming and coordination with the SCADA server/HMI is only perFormed by a systems integrator selected by the City to have the best Water System SCADA Lifecycle Upgrade 2014 PSA Page 8 of 20 qualifications — this is currently L2 Systems. This work will be managed through a professional services agreement with L2. The water system standard for control hardware is Allen Bradley components. L2 shall provide all labor, materials, tools, equipment, and services required to complete the design, furnishing, wiring, connection, calibration, adjustment, testing and operation of all SCADA equipment, devices, and components as indicated by this scope of work. Installation will be perFormed by City staff. The following tasks outline elements necessary to perForm this phase of the Water System SCADA Upgrade: TASKS TASK 1 PROJECT PROCESS The project scope consists of upgrading specific components of Bremerton's SCADA system according to the attached Sites List. The sites will be upgraded in groups to be mutually agreed upon between L2 and Bremerton. For each new group of SCADA upgrades, the general process to be followed will be: • Upgrade grouping will be determined • System control strategy will be discussed and documented • L2 provides submittals and drawings(See Task 6) for City review • City approves submittals and drawings � L2 purchases hardware, software, and radios • L2 fabricates SCADA system components • L2 performs factory demonstration test to ensure components function as required • L2 delivers components to Bremerton • City installs components, or arranges to have installed • L2 performs and documents operational readiness test in the field • L2 integrates alarms into WIN911 e L2 updates Factory Talk screens • L2 updates operation and maintenance manual e L2 provides documentation to accurately reflect the system as installed • City and L2 perform site acceptance test to ensure component operation in the field - can be coordinated at same time as ORT. The SCADA system shall be designed and assembled by L2 to be an integrated system of components specifically designed for use with control, monitoring, and operation of pumps, meters, and other water system process equipment. All components shall be standard, listed products, new (unless furnished by the City) and free of defects. L2 shall revise, modify, adjust and reprogram the system as required to properly operate the water system. The SCADA system shall be supplied by L2 as an integral, complete system with all required components. L2 shall define all requirements for interfacing equipment, standard mounting equipment, and accessories, and shall supply all such devices as part of the SCADA system. Water System SCADA Lifecycle Upgrade 2014 PSA Page 9 of 20 TASK 2 PROJECT MAiVAGEMENT L2 will provide project management and prepare specifications for equipment upgrade. The proposed system is a complete PLC, Ethernet-based, fully integrated SCADA system. This Contract involves additions to the SCADA for the Bremerton water system which must continue to provide potable water and meet State and Federal regulatory requirements. Connections and utility changes must be programmed to provide the least possible interference with operation of the water system. L2 shall notify the City in writing or email at least forty-eight (48) hours in advance of any required water system shutdown and are subject to advance approval of the Water Resources Manager. The work under this Contract shall be conducted in a manner which will minimize shutdowns. Planned water facility shutdowns shall be scheduled during periods of minimum use so that water system operations will be restored in the minimum possible time. L2 shall perform work in accordance with the following standards: • Obtain all necessary permits (note — City will obtain electrical permits for their installations) • Be performed by authorized and qualified personnel • Maintain a clean environment • Be performed in accordance with local, state, and federal codes, including WISHA confined space entry regulations and respiratory protection program. TASK 3 PROJECT SCHEDULE Attached as part of this contract is a Sites List of all locations being upgraded for Bremerton's water SCADA system. The City and L2 shall mutually agree on scheduling based on groupings of components on the Sites List and will verify scheduling expectations at progress meetings. The following information shall be shown for each site: • Date of initial submittal and City's review time • Ordering dates for long lead time items o Start work • Work substantially complete • Project meetings � Testing • Final completion With every progress payment request (invoice) a written progress report shall be submitted which shall include a summary of work perFormed during the previous period. Water System SCADA Lifecycle Upgrade 2014 PSA Page 10 of 20 Scope for Warren Avenue Bridge Main Seismic Valves Write and install the PanelView and PLC programs to operate Manette Bridge, Snyder Avenue and Warren Avenue Bridge Flow Control and Seismic Valve equipment per specifications in the contract document. Control strategy for operation will be provided. 2. Program PLC, master radio, and any intermediate radio relay points to communicate with the Water Resources radio system from the new RTUs. 3. Provide programming for master PLC and HMI to operate the three flow control and seismic valve sites. Coordinate with Water Resources on the screen layout and operation. 4. Prior to the Operational Readiness Test (ORT), conduct a Site Acceptance Test (SAT) with the RTU panel fabricator and contractor to determine that the RTU is ready for the ORT. Resolve any issues with the RTU per the contract documents. 5. ORT will be coordinated by the contractor and sub-contractors. Develop an ORT check list to encompass testing of inputs, outputs, control loops, alarms, and trip functions to determine successful operation of the seismic control panel, Cla-Val, RTU and master SCADA system. Provide on-site staff for the ORT, per the contract documents, for each site. Correct any ORT deficiencies for the RTU programming found in programming and repeat the ORT. 6. Save copies of radio programming, PanelView programming, and PLC programming to the provided USB drive at each RTU and the master at the completion of the project. TASK 4 MEETINGS A preconstruction conference shall be held at the Utilities Oyster Bay office in Bremerton. L2 shall present to the City a preliminary progress schedule and all other documents as specified herein. In general, the matters to be discussed or resolved and the instructions and information to be furnished to or given by L2 at the preconstruction conference include but are not limited to: o Personnel assignments and contact numbers • Progress schedule submitted by L2 o Communication procedures between the parties, including emergency and after-hours • The names and titles of all persons authorized by L2 to represent and execute documents. The names, addresses, and telephone numbers of all those authorized by L2 to act for L2 in emergencies o Forms and procedures for L2's submittals • Change procedures Water System SCADA Lifecycle Upgrade 2014 PSA Page 11 of 20 • Payment procedures • Other administrative and general matters as needed Progress meetings shall be held on a periodic basis in person or by phone in accordance with an agreed-upon schedule. All matters bearing on the progress and perFormance of the work since the preceding progress meeting shall be discussed and resolved, including any previously unresolved matters, deficiencies in the work or the methods being employed and problems or delays which may be encountered, and ways to continuously improve project quality and progress. Prior to starting each task, the City and L2 will discuss and agree upon a control strategy. TASK 5 STANDARDS AND CODES Electrical work shall be executed in strict accordance with the latest edition of the National Electrical Code as adopted by the Washington State Department of Labor and Industries, local ordinances and regulations, and the Bremerton Electrical Standard. All electrical equipment, materials, construction methods, tests and definitions shall be in strict conformify with the established standards of the following in their latest adopted revision: • Underwriters' Laboratories, Inc. (UL) • National Electrical Manufacturers Association (NEMA) • Canadian Standards Association (CSA) � Electrical Testing Laboratories (ETL) • Factory Mutual (F.M.) • American National Standards Institute (ANSI). • Institute of Electrical and Electronic Engineers (IEEE). � Instrument Society of America (ISA). • Washington State Rules and Regulations All materials and equipment specified herein shall be listed by a nationally recognized testing laboratory for the purpose for which they are used and shall bear the appropriate testing laboratory label. All electrical equipment and materials, and the design, construction, installation, and application thereof shall comply with all applicable provisions of the National Electrical Code (NEC), the WISHA, and any applicable Federal, State, and local ordinances, rules and regulations. TASK 6 SUBMITTAL REQUIREMENTS All submittals shall be made to the City with a letter of transmittal. Water System SCADA Lifecycle Upgrade 2014 PSA Page 12 of 20 Submit a copy of each submittal to the City, electronically as a PDF file. One (1) reviewed copy of submission will be returned to L2. For each grouping of SCADA sites to be upgraded, L2 shall submit to the City for approval the following: • Materials and Parts List • Schedule • Enclosure Layout (shall include a wire color code legend, fuse list, and engraved label list) • Wiring Diagram • Communications Layout • Detail drawings (as needed) � Screen changes (as needed) This documentation format shall be submitted prior to submitting any drawings and will be used as the basis for the remainder of the project. The City shall provide to L2 for each site: • Tagname • IP addressing e PLC status inputs • PLC analog inputs and scaling • PLC outputs • Totalizer scaling • Front panel indications required • Preliminary screen layout o Other information as required per each site • Communications type to be used (Licensed UHF radio, fiber optic, private wireless network) • Type of network switch to be used The City will review L2's submissions and return to L2 within 10 working days marked as follows: A. No Exceptions Taken. Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission. Does not constitute approval or deletion of specified or required items not shown in the partial submission. B. Note Markinqs. (No Resubmissions Required). Same as A, except that minor corrections as noted shall be made by L2. Water System SCADA Lifecycle Upgrade 2014 PSA Page 13 of 20 C. Rejected - Resubmit. Submitted material does not conform to plans and Specifications in significant respect (i.e., wrong size, model, capacity, or material). D. Comments Attached. Submitted material is either incomplete, or a favorable review is not required. Items A and B above (no resubmittal required) are considered "favorable review". Items C and D above (correction and resubmittal required) are considered "unfavorable review." Favorable review does not constitute acceptance of any responsibility for the accuracy, coordination, and completeness or the items of equipment represented. Accuracy, coordination, and completeness shall be the sole responsibility of L2, including responsibility to back check review comments, corrections, and modifications before fabrication. Acceptance shall be considered to mean merely that the City has no objection to L2 using, upon their own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed. TASK 7 TESTING Factory Demonstration Test L2 shall test the RTU prior to delivery to the City to ensure that the control panel is ready to have power applied to it and to document the functions associated with the panel. All loop panel meters shall be scaled and calibrated prior to delivery. The following shall be tested and inspected: • All inputs • All outputs • Scaling of loops • Proper wiring per submitted drawings • Legends and documentation • Control (PLC) Program o PanelView Program (if installed) L2 shall be solely and completely responsible for the design, assembly and programming of the entire RTU control system. The system shall be designed to provide control capabilities and to provide trouble-free operation with minimum maintenance. Witnessing of these tests by City personnel is at the option of the City. L2 will give the City 48 hours' notice of these tests. Written documentation will be forwarded to the City. L2 shall deliver the PLCs to the City of Bremerton Water Resources Division. Two sets of drawings shall be provided. One spare fuse shall be provided for each size installed. City installs RTUs, or arrange for the RTU to be installed. Operational Readiness and Site Acceptance Tests Water System SCADA Lifecycle Upgrade 2014 PSA Page 14 of 20 Once the RTU are installed, L2 will perForm the operational readiness testing. Any deficiencies shall be corrected by L2 prior to site acceptance testing. All components of the control system shall be calibrated by L2 after completion of installation. Each component shall be adjusted to be within the manufacturer's required range and for the specific application. Components that cannot be properly calibrated or that are found to exceed the manufacture's specified range or accuracy shall be removed and replaced. Both L2 and City personnel will be present for the site acceptance test which will be perFormed in the field once installation is completed. WIN911 Test L2 shall test WIN911 for acceptance of alarms and proper notification by pager and telephone. TASK 8 INSTALLATION Radio System Installation L2 will be responsible for the programming of radios according to the radio path study provided by the City. The City will install the mast, antenna and coax. Cellular Wireless Installation Where cellular wireless is being used, the City shall be responsible for ordering and having installed the required equipment for each PLC. Fiber Optic Communications Where fiber optic communications is to be used, the City will have the fiber terminated in a patch panel, with an empty conduit from the patch panel to the RTU. L2 will provide the fiber optic patch duplex patch cord from the RTU network switch to the patch panel. If the City fiber optic network is not functional at the desired time of RTU startup, there will be no penalty for L2. PLC Installation The City will install all PLCs. L2 will provide a technician to assist in startup. Reasonable efforts will be made to accomplish multiple startups at the same time. Nameplates are to be black face, white core, 3/16" high engraving, and plastic laminate with beveled edges. TASK 9 START-UP The control system shall be placed into operation by L2. L2 shall revise, modify, adjust and reprogram the system as required during and following start-up to provide the operation required. Water System SCADA Lifecycle Upgrade 2014 PSA Page 15 of 20 L2 shall anticipate that the City may delay acceptance of work under the contract if, in the judgment of the City, malfunctions or failures in operation of the control system repeatedly occur after start-up. L2 shall not be entitled to an extension of time or to any claim for damages because of hindrances, delays or complications caused by or resulting from delay by the City in accepting the work because of malfunctions or failures in operation of the SCADA. The City will note changes to the drawings as appropriate to reflect actual field conditions. L2 will revise these drawings at the end of each group of installations and will forward final copies to the City. TASK 10 GUARANTEE L2 shall guarantee work and all components for a period of 1 year from date of acceptance of the installation for each site. Acceptance is determined as 30 consecutive days of satisfactory operation. Any defects in workmanship and repair or replacement of any faulty equipment which shall occur within the guarantee period shall be remedied without additional cost to the City. When defects are corrected, the guarantee for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. L2 shall make any and all repairs, replacements, modifications and adjustments required to eliminate any and all defects in design, materials and workmanship which are disclosed within the one year guarantee period. L2 shall begin all repairs, replacements, modifications and adjustments within twenty four (24) hours of notification by telephone by the City and shall complete such repairs, replacements, modifications and adjustments within forty eight (48) hours of notification. Should L2 fail to begin the work within 24 hours or complete the work within 48 hours, the City may proceed to complete the work. Any overtime accrued by the City after 48 hours will be reimbursed by L2. In such event, L2 and its surety shall be liable for all costs incurred by the City. TASK 11 OPERATION AND MAINTENANCE MANUALS L2 shall prepare operation and maintenance manual materials to be submitted to the City prior acceptance of the task. Redundant information will be minimized. Provide PDF copies for all equipment provided, with the following, if available: • Brochures • Instruction manuals • Installation manuals Water System SCADA Lifecycle Upgrade 2014 PSA Page 16 of 20 Each PDF shall have a descriptive name, such as VIPR Radio Programming Manual, and the date the document was issued by the manufacturer. A PDF only has to be provided once for each type of equipment Provide drawings formatted for printing at 11" x 17", in a PDF format. TASK 12 RECORD KEEPING Vendor shall promptly furnish the City with such information related in the service as may be requested by the City. Until the expiration of 72 months after final payment of the compensation payable under this Agreement, vendor shall provide City access to (and City shall have the right to examine, audit, and copy) all of vendor's books, documents, papers and records which are related to the services or this Agreement. TASK 13 CONFIDENTIAL INFORMATION Vendor shall not, without the prior written consent of the City, disclose to third parties any information received in connection with the service unless: • Information is known to vendor before receiving the same directly or indirectly in connection with the services; • Information is in the public domain at the time of disclosure by vendor; or • Information is received by vendor from third party who does not have an obligation to keep the same confidential. TASK 12 OTHER TECHIVICAL ASSISTANCE Other work that may be requested in writing from L2 includes: • Equipment selection assistance o Training • Software programming • Report and data management assistance • SCADA screen development • Component Installation • Calibration services • Troubleshooting • Programming of RTUs, MTUs, and PLCs • Integration of system components into the SCADA system • Process control design • Remote modem access for quick diagnosis and customer support • Field service • Emergency response o Other similar work Water System SCADA Lifecycle Upgrade 2014 PSA Page 17 of 20 PROJECT: SCADA LtFECYCLE UPGRADE SITES LIST Goal U rade and standardize SCADA e ui ment software and communications AWOCOnS atem-1]lotal 4lneedconverledtaPLC,Y1PflnNoorfber PLC Sys�em - 77 to�al Mos� are OK. zane need upg2EeE PLGs F:Ce.C•.A.cC,�r :.:I:cns Tebphoro Gommunlcello�u (baxL mE prMle� -{ lolal N netl eomerteE fo YP(t raAb or Mar pallo Cammunleatlona �! lypea) -I{ IoW A1 hava been upgnded ToblStles-]� No[e.MSSk�SCAOAbonf3er radlaenJkaaedllna nol0stedabove ' AiNwnsy9amaaeaieakgaqRNstlmlaremb e orkEwMembpredlosReplaoebrm4cte w�7hnewerequmerlantlpogmmmi�q5omesiksaretelepMrekaeeE0ne0.�serelbawma�eedbraAioorRberoptic SdsMeVeNa SChedule 08M SCADAGaptlal Laeafion T�Bk Group = ProJect � Noha f A-1 Water Operetlons Mulhple MulOple �pdate saeens on HMI 7 543,808 Head uarters at O stcr Ba A-1 WaOer Operetlons Mulhple MulUple Updete MS OS and FNew 7 $6,357 HeadquartersutOysterBay Soflxare A-1W�tOperadons MulOpte MulGple ReplacaPLCwtlhCompaR 7 §79,691 Heed uarters at Oyster Bay LoB� Ewshng PLC is iw longer supported Reportgenershon Tremmg WA WA Ad'I Programmin9 7 340,000 InsWlatlon OtherTechnicalAsaisfance Troubleshoohng 520,OOOperyear None Cell �e�dc to PLC (Compact Z g13,B96 PS 10 logiM) 8 YPR radio None Cell �B�de M PLC (Compact Z Roservoir 16 Logb) 8 YiPR radio $� �' None Ccll �9�de ta PLC (Compact Z 514,913 Well 14 Loga) 8 ViPR radio ee bac loop control, us II . Panel wew,l6er op6c W Res 4 � 522,191 Ewshng PLC is rw longer supported, $30,000 is CCF Wmel, replace PLC wilh lor CCF aid Res 4 , Remove RTU, cornrert to VIPR 3 56,234 P504 radio Curen Ihere is a PLC and RTU attlns loca9on Reservoir O6 Outlet � ef L2 O 9on 3 $4,910 Fiber 4 E22.710 McKCnna Falls Control Bld rade to PLC at Control Bld Fl6er available u to ihe control bld None Fiber Install PLC, use Point 10 ta y 310,714 McKenna Falls Screen Bld Control Bid Fiber araila6le u ta the control bld New PLC CLX 529.529 CasadDamTo Mune Fibcr �w�evelT�ansmitter 5 Turbidimeleralrea in lace Fber �A�de [o PLC (Compact 6 $20,983 Casad Dam Vallo Houso Lo n� in Valve Fbuse ompac Rescrvoir 72 Flber Logix) 8 YPR 2dio, comertto g 513263 Head TanN fiber, could use PoiM I!O � � Upgrade to PLC (Compact 6 512,305 BS 5 is not in use -site of disb6uhon pressire BS OS Lo x 6 ViPR radio sensor Fibe� �e�de to PLC (Compact 6 517,158 PS 07/ Wcll 79 Lo ia 8 VPR radio ReplaceAutoconw�hPLCvnih 6 $18,703 VS 71/Res 11 � Com aq Lo ix , Upgrade to PLC (Compact 6 g16,B86 PS 13/Res 71 Lo n� $ UPR radio � l,�gradetoPLC(Compact 6 $f9999 P5161We1117 Lo n 8 YPR radio � Upgrade to PLC (Compact 6 $20,043 PS 77 Lo a$ fiber o hc ShoWd do controls and MCC to ether , Upgrode to PLC (Compact 6 512,643 Res OS La n 8 ViPR radio C�uren oflline -needed xhen Res 4 is oflline , Upgrede to PLC (Compact e 513,124 Res 06 Lo rc d ViPR radio � Upgrsde to PLC (Compact 6 512,938 Res 15118 Lo a 8 V PR radio , Upgrsde to PLC (Compact 6 $12,938 Res 17120 La n� 8 VPR radio , U{rgrade to PLC (Compact 6 $72,938 Res 19 Lo n� 8 YPR radio � Upgretle to PLC (Compact 6 Reservoir 10 Lo a 8 YPR 2dio, or remove $3,858 6 E 13,236 Reservo�r 27 2de to PLC 8 VPR redia , l.pgradetaPLC(Compact 6 $21,877 WNI15H7 Lo o� BVPRradio 9e�smiUFlowControlValves wA wA 59.660 P�oftheWartenAvenueWatermeinseismic Warmn Avo Bridgo pr rammin and Int ratlon pro�ec[ 1/0 ta be provided at 3 sites • Replace PLC (SLC SIOShxN 7 $17,53] BS 10 Com act lo Ic Ens9n PLC is rq lon er su orted P502 Fiher Fiber LoP%acePLCwhhCompact � $17196 Exishn PLC �s no lo er su ortetl Fiber Fi6er Replace PLC vnlh Compact � 513,057 PS 02M1Nell6 Lo a Ensh PLC is no lon er su ortetl epace ompa is rg isrq ongersuppo �°9� 7 522,785 Gnmdfos coiNOls are hw generaUOns old, PS 02A Conven GrurMfos to PLC comer9n to PLC sim lifies asset mana emeM PS 0/ � Re lace PLC x�ih CLX � S 13,000 �de PLC FiAer Fiber Replace PLC w�h Compact � $��,008 PS OBIRes B Lo a PLC Ewsh PLC ie no lo orted � Upgr�de to PlC (Compacl � 518,531 IPS 12/Res 12 loga) 8 YPR radio Total Sao.000 , Ss,sso $ese,ao� E607,961 Water System SCADA Lifecycle Upgrade 2014 PSA Page 1 S of 20 WATER �YSTEM SCADA LIFECYCLE UPGRADE EXHIBIT B SCHEDULE This contract will begin upon execution of the contract and will be completed before December 31, 2016. A detailed schedule of SCADA sites is included in Scope of Work Task 3. Water System SCADA Lifecycle Upgrade 2014 PSA Page 19 of 20 WATER SYSTEM SCA►DA LIFECYCLE UPG�►DE EXHIBIT C FEE SCHEDULE Time and materials for L2 Systems will be compensated as follows: Hourly rates: Project management: Panel Configuration — System Engineer: Programming: Drafting: O&M's: Shop — Fabrication: Field Service Scheduled Emergency Service available 24-7-365 $ 125.00 $ 115.00 $ 115.00 $ 85.00 $ 75.00 $ 85.00 $ 105.00 $ 140.00 Attached in Exhibit A are cost estimations for professional services and price quotes for electronics/software/hardware. Compensation: Payments will be made according to completion of each site in the scope of work. 50% payment of task once favorable review of submittals received 50% payment of task once site acceptance testing is completed Water System SCADA Lifecycle Upgrade 2014 PSA Page 20 of 20 5( O(4 and 63 ACCCERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/27/2016 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 Nicole Remacle HUMBLE & DAVENPORT INS BROKERS INC PHONE (425)226-8221 FAX Nol:(425)255-9342 RECEIVED IANC,IL Ext): 3500 Maple Valley Hwy ADDRESS:nicole@humbledavenport.com INSURER(S)AFFORDING COVERAGE NAIC# Renton WA 98058 NOV 1 4 2016 INSURERA:Western National Assurance _ 24465 INSURED INSURER B:LlOydS of London15642 L 2 Systems, LLC City of Bremerton INSURER C: 3322 16th Street Risk Management INSURER D: v n R�INSURER E: �N (t1!/\V, l� Everett WA 98201 INSURER F: COVERAGES CERTIFICATE NUMBER:GLAUUMELPro 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 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP IMM/DD/YYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY ../ EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 X CPP1032664-06 11/15/2016 11/15/2017 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ 1,000,000 AUTOMOBILE LIABILITY CO aBINEDtSINGLE LIMIT $ 1,000,000 7 (Ea — A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED '-1 SCHEDULED CPP1032260-06 11/15/2016 11/15/2017 BODILY INJURY(Per $ AUTOS AUTOS ( ) NON-OWNED PROPERTY DAMAGE HIRED AUTOS _ AUTOS $ {Per accident) Medical payments $ 5,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 Ubm1005317-06 11/15/2016 11/15/2017 $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE X ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A A (Mandatory in NH) CPP1032664-06 11/15/2016 11/15/2017 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below WA STOP GAP E.L.DISEASE-POLICY LIMIT $ 1,000,000 B PROFESSIONAL LIABILITY HPL15-0337 5/30/2016 5/30/2017 LIMIT $1,000,000 , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is named as additional insured with respects to the operations of the named insured. Coverage is primary and non-contributory per form WNGL49. Waiver of subrogation applies per form WNGL39. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Bremerton Public Works & Utilities ACCORDANCE WITH THE POLICY PROVISIONS. 100 Oyster Bay Ave N Bremerton, WA 98312 AUTHORIZED REPRESENTATIVE Nicole Remacle/NICOLE ----7/.6-e--‘(---- —4" ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(7014011 COMMERCIAL GENERAL LIABILITY WN GL 49 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II —Who Is An Insured is amended to in- B. With respect to the insurance afforded to these ad- clude as an additional insured any person or or- ditional insureds, the following additional exclusion ganization for whom you are performing opera- applies: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement that such person or organization be added as an 1. "Bodily injury", "property damage" or "personal additional insured on your policy. Such person or and advertising injury" arising out of the ren- organization is an additional insured only with re- dering of, or the failure to render, any profes- spect to liability for "bodily injury", "property dam- sional architectural, engineering or surveying age" or "personal and advertising injury" caused, services, including: in whole or in part, by: a. The preparing, approving, or failing to pre- 1. Your acts or omissions; or pare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf; change orders or drawings and spec�ca- tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an additional This exclusion applies even if the claims insured under this endorsement ends when your against an additional insured allege negligence operations for that additional insured are corn- or other wrongdoing in the supervision, hiring, pleted. employment, training or monitoring of others However: by that insured, if the "occurrence" which dam- 1. The insurance afforded to such additional in caused the "bodily injury" or "property sage", or the offense which caused the "person- sured only applies to the extent permitted by and al and advertising injury", involved the render- law: ing of or failure to render any professional 2. If coverage provided to the additional insured services by you with respect to your providing is required by a contract or agreement, the in- engineering, architectural or surveying serv- surance afforded to such additional insured ices in your capacity as an engineer, architect will not be broader than that which you are re- or surveyor. quired by the contract or agreement to provide for such additional insured. WN GL 49 07 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 2 • 2. "Bodily injury" or "property damage" occurring D. The following is added to the Other Insurance after: Condition and supersedes any provision to the contrary: a. All work, including materials, parts or equipment furnished in connection with Primary And Noncontributory Insurance such work, on the project(other than serv- ice, maintenance or repairs) to be per- This insurance is primary to and will not seek formed by or on behalf of the additional in any contribution from any other insurance sured(s) at the location of the covered op available to an additional insured under your erations has been completed; or policy provided that: b. That portion of "your work" out of which (1) The additional insured is a Named Insured the injury or damage arises has been put under such other insurance; and to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing oper- primary and would not seek contribution ations for a principal as a part of the same from any other insurance available to the project. additional insured. C. With respect to the insurance afforded to these ad- ditional insureds, the following is added to Section !!I—Limits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 49 07 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 2 WN GL 39 07 15 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability Non Owned Watercraft Up To 50 Feet 2 Property Damage Liability Elevators 3 Fire, Lightning, Explosion Or Sprinkler Leakage Exception 3 Borrowed Equipment($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence 3 Supplementary Payments—Amended Bail Bonds Up To$5,000 4 Loss of Earnings Up To$500/Day 4 Who Is An Insured Amendments Employee Bodily Injury To A Co-Employee 4 Newly Formed Or Acquired Organizations For Up To 180 Days 4 Blanket Additional Insured—Vendors—As Required By Contract 4 Blanket Additional Insured—Lessor Of Leased Equipment 6 Blanket Additional Insured—Managers Or Lessors Of Premises 6 Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations 7 Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Relating To Premises 8 Damage To Premises Rented To You — $300,000 9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations 9 Conditions Knowledge of Occurrence, Offense, Claim Or Suit Amended 9 Unintentional Failure To Disclose Hazards 9 Waiver of Subrogation 10 Insured Contract Amended 10 Personal And Advertising Injury Redefined Televised. Videotaped Or Electronic Publication 10 WN GL 39 07 15 Includes copyrighted material of insurance Services Office, Inc.,with its permission, Page 1 of 10 WN GL 39 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS (4) Liability assumed under any "insured contract"for the ownership, maintenance or COVERAGE A — BODILY INJURY AND PROPERTY use of aircraft or watercraft;or DAMAGE LIABILITY (5) "Bodily injury" or "property damage"arising A. Non Owned Aircraft Or Watercraft out of: Item 2. Exclusions, Paragraph g. is replaced by (a) The operation of machinery or the following: equipment that is attached to, or part g. Aircraft,Auto Or Watercraft of, a land vehicle that would qualify under the definition of "mobile "Bodily injury" or "property damage" arising out equipment" if it were not subject to a of the ownership, maintenance, use or compulsory or financial responsibility entrustment to others of any aircraft, "auto" or law or other motor vehicle insurance watercraft owned or operated by or rented or law where it is licensed or principally loaned to any insured. Use includes operation garaged; or and"loading or unloading". (b) The operation of any of the machinery This exclusion applies even if the claims or equipment listed in Paragraph f. (2) against any insured allege negligence or other or f. (3) of the definition of "mobile wrongdoing in the supervision, hiring, equipment". employment, training or monitoring of others by that insured, if the "occurrence" which caused B Damage To Property Coverage Extensions the "bodily injury" or "property damage" Item 2. Exclusions, Paragraph j. is replaced by the involved in the ownership, maintenance, use or following: entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or j. Damage To Property rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property you own, rent, or occupy, (1) A watercraft while ashore on premises you including any costs or expenses incurred own or rent; by you, or any other person, organization or entity, for repair, replacement, (2) A watercraft you do not own that is: enhancement, restoration or maintenance (a) Less than 50 feet long; and of such property for any reason, including prevention of injury to a person or damage (b) Not being used to carry persons or to another's property; property for a charge; (2) Premises you sell, give away or abandon, if This Subparagraph (2) applies to any the "property damage" arises out of any person, who with your expressed or implied part of those premises; consent, either uses or is responsible for the use of the watercraft; (3) Property loaned to you; (3) Parking an "auto" on, or on the ways next (4) Personal property in the care, custody or to, premises you own or rent, provided the control of the insured; "auto" is not owned by or rented or loaned to you or the insured; WN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 10 (5) That particular part of real property on Paragraph (6) of this exclusion does not apply to which you or any contractors or "property damage" included in the subcontractors working directly or indirectly "products-completed operations hazard". on your behalf are performing operations, if the "property damage" arises out of those The insurance provided for"property damage"from operations; or the use of elevators and for "property damage" to (6) That particular part of any property that borrowed equipment is excess over any other valid must be restored, repaired or replaced and collectible property insurance (including any because "your work" was incorrectly deductible portion thereof) available to the insured performed on it. whether primary, excess, contingent or on any other basis. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by C. Damage To Premises Rented To You fire, lightning, explosion or sprinkler leakage) to Item 2. Exclusions, the last paragraph is replaced premises, including the contents of such premises, by the following: rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as Exclusions c. through n. do not apply to damage by described in SECTION III — LIMITS OF fire, lightning, explosion or sprinkler leakage to INSURANCE. However, the provisions of this premises while rented to you or temporarily paragraph do not apply if coverage for Damage To occupied by you with permission of the owner. A Premises Rented To You is excluded by separate limit of insurance applies to this coverage endorsement. as described in Paragraph 6. of SECTION III — LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are"your work"and were never occupied, COVERAGE B — PERSONAL AND ADVERTISING rented or held for rental by you. INJURY LIABILITY Paragraphs (3) and (4) of this exclusion do not D. Personal And Advertising Injury apply to the use of elevators. Item 2. Exclusions is amended by replacing Sub-paragraphs b. and c.with the following: Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack b. Material Published With Knowledge Of agreement. Falsity Paragraph (4) of this exclusion does not apply to "Personal and advertising injury" arising out of "property damage" to borrowed equipment while oral, written, televised, videotaped or electronic not being used to perform operations at the jobsite. publication, in any manner, of material, if done Subject to Paragraph 2. of SECTION III — LIMITS by or at the direction of the insured with OF INSURANCE, the rules below fix the most we knowledge of its falsity. will pay for"property damage" under this provision: c. Material Published Prior To Policy Period (1) $25,000 any one "occurrence", regardless of "Personal and advertising the number of persons or organizations who injury" arising out sustain damages because of that"occurrence"; oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning (2) $50,000 annual aggregate; and of the policy period. (3) We will pay only for damages in excess of $2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or"suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. WN GL 39 07 15 Includes copyrighted material of Insurance Services Office,Inc., with its permission. Page 3 of 10 SUPPLEMENTARY PAYMENTS—COVERAGES A The following are added: AND B C. Blanket Additional Insured — Vendors — As E. Supplementary Payments—Coverages A and B Required By Contract 1. Section II —Who Is An Insured is amended to Item 1. is amended by replacing Subparagraphs b. include as an additional insured any person(s) and d. with the following: or organization(s) (referred to throughout this endorsement as vendor) with whom you have b. Up to $5,000 for cost of bail bonds required agreed in a written contract. executed prior to because of accidents or traffic law violations loss, to name as an additional insured, but only arising out of the use of any vehicle to which with respect to "bodily injury" or "property the Bodily Injury Liability Coverage applies. We damage" arising out of "your products" which do not have to furnish these bonds. are distributed or sold in the regular course of the vendor's business. d. All reasonable expenses incurred by the insured at our request to assist us in the However, investigation or defense of the claim or "suit", a. The insurance afforded to such vendor only including actual loss of earnings up to $500 a applies to the extent permitted by law; and day because of time off from work. b. If coverage provided to the vendor is required by a contract or agreement, the SECTION II—WHO IS AN INSURED AMENDMENTS insurance afforded to such vendor will not be broader than that which you are A. Employee Bodily Injury To A Co-Employee required by the contract or agreement to provide for such vendor. Paragraph 2. a. (1)is replaced by the following: 2. With respect to the insurance afforded to these (1) "Bodily injury" or "personal and advertising vendors, the following additional exclusions injury": apply: (a) To you, to your partners or members (if you a. The insurance afforded the vendor does are a partnership or joint venture), to your not apply to: members (if you are a limited liability company), or to your other "volunteer (1) "Bodily injury" or"property damage" for workers" while performing duties related to which the vendor is obligated to pay the conduct of your business; damages by reason of the assumption of liability in a contract or agreement. (b) For which there is any obligation to share This exclusion does not apply to liability damages with or repay someone else who for damages that the vendor would must pay damages because of the injury have in the absence of the contract or described in Paragraph (1) (a) above; or agreement; (c) Arising out of his or her providing or failing (2) Any express warranty unauthorized by to provide professional health care you; services. (3) Any physical or chemical change in the B. Newly Acquired Organizations product made intentionally by the Paragraph 3. a. is replaced by the following: vendor; (4) Repackaging, except when unpacked a. Coverage under this provision is afforded only until the 180th dayafteryou acquire or form the solelymfor theopurpose of inspection,o q demonstration, testing, or the organization or the end of the policy period, substitution of parts under instructions whichever is earlier; from the manufacturer, and then repackaged in the original container; WN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc.. with its permission. Page 4 of 10 (5) Any failure to make such inspections, 4. With respect to the insurance afforded to these adjustments. tests or servicing as the vendors, the following is added to Section HI — vendor has agreed to make or normally Limits Of Insurance: undertakes to make in the usual course of business, in connection with the If coverage provided to the vendor is required distribution or sale of the products; by a contract or agreement, the most we will (6) Demonstration, installation, servicing or pay on behalf of the vendor is: repair operations, except such a. The minimum amount required by the operations performed at the vendor's contract or agreement; or premises in connection with the sale of the product; b. The Limits of Insurance shown in the Declarations; (7) Products which, after distribution or sale by you, have been labeled or whichever is less, relabeled or used as a container, part or ingredient of any other thing or This endorsement shall not increase the substance by or for the vendor; or applicable Limits of Insurance shown in the Declarations. (8) "Bodily injury or "property damage" arising out of the sole negligence of the 5. With respect to the insurance afforded to these vendor for its own acts or omissions or additional insureds, the following additional those of its employees or anyone else exclusion applies: acting on its behalf. However, this exclusion does not apply to: This insurance does not apply to: (I) The exceptions contained in a. "Bodily injury", "property damage" or Subparagraphs (4)or(6); or "personal and advertising injury" arising out of the rendering of, or the failure to render, (ii) Such inspections, adjustments, any professional architectural, engineering tests or servicing as the vendor or surveying services, including: has agreed to make or normally undertakes to make in the usual (1) The preparing, approving, or failing to course of business, in connection prepare or approve, maps, shop with the distribution or sale of the drawings, opinions, reports, surveys, products. field orders, change orders or drawings and specifications; or 3. This Provision C. does not apply: (2) Supervisory,inspection, architectural or a. To any insured person or organization from engineering activities. whom you have acquired such products, or any ingredient, part or container, entering This exclusion applies even if the into, accompanying or containing such claims against an additional insured products; allege negligence or other wrongdoing in the supervision, hiring, employment, b. To any vendor for which coverage as an training or monitoring of others by that additional insured specifically is scheduled insured, if the "occurrence" which by endorsement; or caused the " bodily injury"or " property c. When liability included within the damage", or the offense which caused "products completed operations hazard" the "personal and advertising injury", has been excluded for such product either involved the rendering of or failure to by the provisions of the coverage part or by render any professional services by endorsement. you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 10 D. Blanket Additional Insured — Lessor Of Leased 4. With respect to the insurance afforded to these additional insureds, the following additional Equipment exclusion applies: 1. Section II—Who Is An Insured is amended to This insurance does not apply to: include as an additional insured any person(s) or organization(s) from whom you lease a. "Bodily injury", "property damage" or equipment when you and such person(s) or "personal and advertising injury" arising out organization(s) have agreed in writing in a of the rendering of, or the failure to render, contract or agreement, executed prior to loss, any professional architectural, engineering that such person(s) or organization(s) be added or surveying services, including: as an additional insured on your policy. Such person(s) or organization(s) is an insured only (1) The preparing, approving, or failing to with respect to liability for "bodily injury", prepare or approve, maps, shop "property damage" or "personal and advertising drawings, opinions, reports, surveys, injury" caused, in whole or in part, by your field orders, change orders or drawings maintenance, operation or use of equipment and specifications; or leased to you by such person(s) or (2) Supervisory, inspection, architectural or organization(s). engineering activities. However, the insurance afforded to such additional insured: This exclusion applies even if the claims against an additional insured allege a. Only applies to the extent permitted by law; negligence or other wrongdoing in the and supervision, hiring, employment, training or b. Will not be broader than that which you are monitoring of others by that insured, if the required by the contract or agreement to "occurrence" which caused the "bodily provide for such additional insured. injury"or"property damage", or the offense which caused the"personal and advertising A person's or organization's status as an injury", involved the rendering of or failure additional insured under this endorsement ends to render any professional services by you when their contract or agreement with you for with respect to your providing engineering, such leased equipment ends. architectural or surveying services in your 2. With respect to the insurance afforded to these capacity as an engineer, architect or additional insureds, this insurance does not surveyor. apply to any "occurrence" which takes place E. Blanket Additional Insured — Managers Or after the equipment lease expires. Lessors Of Premises 3. With respect to the insurance afforded to these 1. Section II —Who Is An Insured is amended to additional insureds, the following is added to include as an additional insured any person(s) Section III—Limits Of Insurance: or organization(s) with whom you have agreed If coverage provided to the additional insured is in a written contract, executed prior to loss, to required by a contract or agreement, the most name as an additional insured, but only with we will pay on behalf of the additional insured respect to liability arising out of the ownership, is: maintenance or use of that part of the premises leased to you, subject to the following a. The minimum amount required by the additional exclusions: contract or agreement; or This insurance does not apply to: b. The Limits of Insurance shown in the Declarations; a. Any "occurrence" which takes place after you cease to be a tenant in that premises. whichever is less. b. Structural alterations, new construction or This endorsement shall not increase the demolition operations performed by or on applicable Limits of Insurance shown in the behalf of such additional insured. Declarations. WN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 10 However: F. Blanket Additional Insured — State Or a. The insurance afforded to such additional Governmental Agency Or Subdivision Or insured only applies to the extent permitted Political Subdivision — Permits Or by law;and Authorizations b. If coverage provided to the additional Section II — Who Is An Insured is amended to insured is required by a contract or include as an additional insured any state or agreement, the insurance afforded to such governmental agency or subdivision or political additional insured will not be broader than subdivision with whom you have agreed in a written that which you are required by the contract contract, executed prior to loss, to name as an or agreement to provide for such additional additional insured, subject to the following insured. provisions: 2. With respect to the insurance afforded to these 1. This insurance applies only with respect to additional insureds, the following is added to operations performed by you or on your behalf Section III—Limits Of Insurance: for which the state or governmental agency or If coverage provided to the additional insured is subdivision or political subdivision has issued a required by a contract or agreement, the most permit or authorization. we will pay on behalf of the additional insured However: is: a. The insurance afforded to such additional a. The minimum amount required by the insured only applies to the extent permitted contract or agreement; or by law: and b. The Limits of Insurance shown in the b. If coverage provided to the additional Declarations; insured is required by a contract or whichever is less. agreement, the insurance afforded to such additional insured will not be broader than This endorsement shall not increase the that which you are required by the contract applicable Limits of Insurance shown in the or agreement to provide for such additional Declarations. insured, 3. With respect to the insurance afforded to these 2. This insurance does not apply to: additional insureds, the following additional exclusion applies: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out This insurance does not apply to: of operations performed for the federal a. "Bodily injury", "property damage" or government, state or municipality; or "personal and advertising injury" arising out b. "Bodily injury" or "property damage" of the rendering of, or the failure to render, included within the "products-completed any professional architectural, engineering operations hazard". or surveying services, including: 3. With respect to the insurance afforded to these (1) The preparing, approving, or failing to additional insureds, the following is added to prepare or approve, maps, shop Section III—Limits Of insurance: drawings, opinions, reports, surveys, field orders, change orders or drawings If coverage provided to the additional insured is and specifications; or required by a contract or agreement, the most we will pay on behalf of the additional insured (2) Supervisory, inspection, architectural or is: engineering activities. a. The minimum amount required by the This exclusion applies even if the claims contract or agreement; or against an additional insured allege negligence or other wrongdoing in the b. The Limits of Insurance shown in the supervision, hiring, employment, training or Declarations; monitoring of others by that insured, if the whichever is less. "occurrence" which caused the "bodily injury" or"property damage", or the offense This endorsement shall not increase the which caused the"personal and advertising applicable Limits of Insurance shown in the injury", involved the rendering of or failure Declarations. to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 15 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 10 4. With respect to the insurance afforded to these b. The construction, erection or removal of additional insureds, the following additional elevators; or exclusion applies: c. The ownership, maintenance or use of any This insurance does not apply to: elevators covered by this insurance. a. "Bodily injury", "property damage" or However, "personal and advertising injury arising out a. The insurance afforded to such additional of the rendering of, or the failure to render, insured only applies to the extent permitted any professional architectural, engineering by law; and or surveying services, including: b. If coverage provided to the additional (1) The preparing, approving, or failing to insured is required by a contract or prepare or approve, maps, shop agreement, the insurance afforded to such drawings, opinions, reports, surveys, additional insured will not be broader than field orders, change orders or drawings that which you are required by the contract and specifications; or or agreement to provide for such additional (2) Supervisory, inspection, architectural or insured. engineering activities. 2. With respect to the insurance afforded to these This exclusion applies even if the claims additional insureds, the following is added to against an additional insured allege Section III —Limits Of Insurance: negligence or other wrongdoing in the If coverage provided to the additional insured is supervision, hiring, employment, training or required by a contract or agreement. the most monitoring of others by that insured, if the we will pay on behalf of the additional insured "occurrence" which caused the "bodily injury"or"property damage", or the offense is: which caused the "personal and advertising a. The minimum amount required by the injury", involved the rendering of or failure contract or agreement: or to render any professional services by you with respect to your providing engineering, b. The Limits of Insurance shown in the architectural or surveying services in your Declarations; capacity as an engineer, architect or surveyor. whichever is less. This endorsement shall not increase the G. Blanket Additional Insured — State Or applicable Limits of Insurance shown in the Declarations. Governmental Agency Or Subdivision Or Political Subdivision — Permits Or 3. With respect to the insurance afforded to these Authorizations Relating To Premises additional insureds, the following additional exclusion applies: Section II — Who is An Insured is amended to include as an additional insured any state or This insurance does not apply to: governmental agency or subdivision or political a. "Bodily injury". "property damage" or subdivision with whom you have agreed in a written "personal and advertising injury" arising out contract, executed prior to loss, to name as an of the rendering of, or the failure to render, additional insured, subject to the following any professional architectural, engineering provision: or surveying services, including: 1. This insurance applies only with respect to the (1) The preparing, approving, or failing to following hazards for which the state or prepare or approve, maps, shop governmental agency or subdivision or political drawings, opinions, reports, surveys, subdivision has issued a permit or authorization field orders, change orders or drawings in connection with premises you own, rent or and specifications; or control and to which this insurance applies: (2) Supervisory, inspection, architectural or a. The existence, maintenance, repair, engineering activities. construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures: or WN GL 39 07 15 Includes copyrighted material of Insurance Services Office,Inc., with its permission. Page 8 of 10 This exclusion applies even if the claims against an additional insured allege SECTION IV — COMMERCIAL GENERAL LIABILITY negligence or other wrongdoing in the CONDITIONS AMENDMENTS supervision, hiring, employment, training or monitoring of others by that insured, if the A. Knowledge Of Occurrence "occurrence" which caused the "bodily Item 2. Duties In The Event Of Occurrence, injury"or"property damage", or the offense Offense, Claim or Suit is amended by adding the which caused the "personal and advertising following: injury", involved the rendering of or failure to render any professional services by you e. You must give us or our authorized with respect to your providing engineering, representative prompt notice of an architectural or surveying services in your `occurrence", claim or loss only when the capacity as an engineer, architect or "occurrence", claim or loss is known to: surveyor. (1) You, if you are an individual; SECTION III — LIMITS OF INSURANCE (2) A partner, if you are a partnership; AMENDMENTS (3) An executive officer or insurance manager, A. Damage To Premises Rented To You if you are a corporation; or Paragraph 6. is replaced by the following: (4) A member or manager, if you are a limited 6. Subject to Paragraph 5. above, the most we liability company. will pay under Coverage A for damages B. Other Insurance because of "property damage" to any one Item 4. Other Insurance, b. Excess Insurance (1) premises, while rented to you, or in the case of (a)(ii) is replaced by the following: damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily (ii) That is fire, lightning, explosion or sprinkler occupied by you with permission of the owner leakage insurance for premises rented to you is the greater of: or temporarily occupied by you with permission of the owner; a. $300,000; or C. Unintentional Failure To Disclose Hazards b. The amount shown next to the Damage To Item 6. Representations is replaced by the Premises Rented To You Limit in the following: Declarations. 6. Representations And Unintentional Failure However, the provisions of this paragraph do To Disclose Hazards not apply if Damage To Premises Rented To a. By accepting this policy, you agree: You Coverage is excluded by endorsement. B. Medical Expense Limit (1) The statements in the Declarations are accurate and complete; Paragraph 7. is replaced with the following: (2) Those statements are based upon 7. Subject to Paragraph 5. above, the most we representations you made to us; and will pay under Coverage C for all medical expenses because of "bodily injury" sustained (3) We have issued this policy in reliance by any one person is the greater of: upon your representations. a. $10,000;or b. If you unintentionally fail to disclose any hazards existing at the inception date of b. The amount shown next to the Medical your policy, we will not deny coverage Expense Limit in the Declarations. under this Coverage Part because of such This insurance does not apply if coverage for failure. However, this provision does not Medical Expenses is excluded either by the affect our right to collect additional provisions of the coverage part or by premium or exercise our right of endorsement, cancellation or non-renewal. WN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 10 D. Waiver of Subrogation SECTION V—DEFINITIONS AMENDMENTS Item 8. Transfer of Rights of Recovery Against A. Insured Contract Amended Others to Us is hereby amended by the addition of the following: Paragraph 9. a. is replaced by the following: We waive any right of recovery we may have a. A contract for a lease of premises. However, because of payments we make for injury or that portion of the contract for a lease of damage arising out of your ongoing operations or premises that indemnifies any person or "your work" done under a written contract, organization for damage by fire, lightning, executed prior to loss, requiring such waiver with explosion or sprinkler leakage to premises that person or organization and included in the while rented to you or temporarily occupied by "products-completed operations hazard". However, you with permission of the owner is not an our rights may only be waived prior to the "insured contract"; "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. D Personal And Advertising Injury Redefined The insured must do nothing after a loss to impair Paragraph 14. d. and e. are replaced by the our rights. At our request, the insured will bring following: "suit" or transfer those rights to us and help us enforce those rights. d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; WN GI. 39 07 15 includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 10 of 10 s3?9 6(, AC R 0® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) L.----- 10/27/2016 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 Nicole Remacle NAME: HUMBLE & DAVENPORT INS BROKERS INC ACNE Ext): (425)226-8221 (AIC,No):(425)255-9342 3500 Maple Valley Hwy ADDRIESs:nicole@humbledavenport.com RECEIVED INSURER(S)AFFORDING COVERAGE NAIC# Renton WA 98058 (� INSURER A:Western National Assurance "4465 INSURED N O V V 2 2016 INSURER B:Lloyds of London ----N 1 642 L 2 Systems, LLC INSURER C: 3322 16th Street City of Bremerton INSURER D: tt,"�� = isk Management INSURER E: Everett WA 98201 INSURER F: COVERAGES CERTIFICATE NUMBER:GLAUUMELPro 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER (MM/DD/YYYY) (MM/D/YYYY) LIMITS LTRPOLICY EFF POLICY EXP JNSD WVD, X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A _ CLAIMS-MADE X OCCUR PRPREEMIMI E S aEcTED SES((Ea occurrence) $ 100,000 X CPP1032664-06 11/15/2016 11/15/2017 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS CPP1032260-06 11/15/2016 11/15/2017 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) _ Medical payments $ 5,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB _ CLAIMS-MADE AGGREGATE $ 1,000,000 DED I X RETENTIONS 10,000 UMB1005317-06 11/15/2016 11/15/2017 $ WORKERS COMPENSATION PER STATUTE X 0TH- ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED'/ N/A A (Mandatory in NH) CPP1032664-06 11/15/2016 11/15/2017 E.L.DISEASE-,EA EMPLOYEE $ 1,000,000 If DEes,SCRIPTION under WA STOP GAP E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below B PROFESSIONAL LIABILITY HPL15-0337 5/30/2016 5/30/2017 LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is named as additional insured with respects to the operations of the named insured. Coverage is primary and non-contributory per form WNGL49. Waiver of subrogation applies per form WNGL39. Completed operations apply per form WNGL84. CERTIFICATE HOLDER CANCELLATION (360)473-5161 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street Suite 600 AUTHORIZED REPRESENTATIVE Bremerton, WA 98337 _44_ Nicole Remacle/NICOLE - . 2� - � C-GCS-t- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025/201401! COMMERCIAL GENERAL LIABILITY WN GL 49 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II —Who Is An Insured is amended to in- B. With respect to the insurance afforded to these ad- clude as an additional insured any person or or- ditional insureds, the following additional exclusion ganization for whom you are performing opera- applies: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement that such person or organization be added as an 1. "Bodily injury", "property damage"or "personal additional insured on your policy. Such person or and advertising injury" arising out of the ren- organization is an additional insured only with re- Bering of, or the failure to render, any profes- spect to liability for "bodily injury", "property dam- sional architectural, engineering or surveying age" or "personal and advertising injury" caused, services, including: in whole or in part, by: a. The preparing, approving, or failing to pre- 1. Your acts or omissions; or pare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf; change orders or drawings and specifica- tions; or in the performance of your ongoing operations for the additional insured. b. Supervisory, inspection, architectural or engineering activities. A person's or organization's status as an additional This exclusion applies even if the claims insured under this endorsement ends when your operations for that additional insured are corn- against an additional insured allege negligence pleted. or other wrongdoing in the supervision, hiring, employment, training or monitoring of others However: by that insured, if the "occurrence" which 1. The insurance afforded to such additional incaused the "bodily injury" or "property dam- -sured only applies to the extent permitted by age", or the offense which caused the "person and al and advertising injury", involved the render- law: ing of or failure to render any professional 2. If coverage provided to the additional insured services by you with respect to your providing is required by a contract or agreement. the in- engineering, architectural or surveying serv- surance afforded to such additional insured ices in your capacity as an engineer, architect will not be broader than that which you are re- or surveyor. quired by the contract or agreement to provide for such additional insured. WN GL 49 07 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 2. "Bodily injury" or "property damage" occurring D. The following is added to the Other Insurance after: Condition and supersedes any provision to the contrary: a. All work, including materials, parts or equipment furnished in connection with Primary And Noncontributory Insurance such work, on the project(other than serv- ice, maintenance or repairs) to be per- This insurance is primary to and will not seek formed by or on behalf of the additional in any contribution from any other insurance sured(s) at the location of the covered op available to an additional insured under your erations has been completed; or policy provided that: b. That portion of "your work" out of which (1) The additional insured is a Named Insured the injury or damage arises has been put under such other insurance; and to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing oper- primary and would not seek contribution ations for a principal as a part of the same from any other insurance available to the project. additional insured. C. With respect to the insurance afforded to these ad- ditional insureds, the following is added to Section !!I—Limits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 49 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 WN GL 39 07 15 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability Non Owned Watercraft Up To 50 Feet 2 Property Damage Liability Elevators 3 Fire, Lightning, Explosion Or Sprinkler Leakage Exception 3 Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence 3 Supplementary Payments—Amended Bail Bonds Up To$5,000 4 Loss of Earnings Up To$500/Day 4 Who Is An Insured Amendments Employee Bodily injury To A Co-Employee 4 Newly Formed Or Acquired Organizations For Up To 180 Days 4 Blanket Additional Insured—Vendors—As Required By Contract 4 Blanket Additional Insured—Lessor Of Leased Equipment 6 Blanket Additional Insured—Managers Or Lessors Of Premises 6 Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations 7 Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Relating To Premises 8 Damage To Premises Rented To You — $300,000 9 Medical Payments Increased Limit — 510,000 Or Amount Shown on Declarations 9 Conditions Knowledge of Occurrence, Offense, Claim Or Suit Amended 9 Unintentional Failure To Disclose Hazards 9 Waiver of Subrogation 10 Insured Contract Amended i0 Personal And Advertising Injury Redefined Televised. Videotaped Or Electronic Publication 10 WN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 10 WN GL 39 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS (4) Liability assumed under any "insured contract"for the ownership, maintenance or COVERAGE A — BODILY INJURY AND PROPERTY use of aircraft or watercraft; or DAMAGE LIABILITY (5) "Bodily injury" or "property damage" arising A. Non Owned Aircraft Or Watercraft out of: Item 2. Exclusions, Paragraph g. is replaced by (a) The operation of machinery or the following: equipment that is attached to, or part g. Aircraft,Auto Or Watercraft of, a land vehicle that would qualify under the definition of "mobile "Bodily injury" or "property damage" arising out equipment" if it were not subject to a of the ownership, maintenance, use or compulsory or financial responsibility entrustment to others of any aircraft, "auto" or law or other motor vehicle insurance watercraft owned or operated by or rented or law where it is licensed or principally loaned to any insured. Use includes operation garaged; or and"loading or unloading". (b) The operation of any of the machinery This exclusion applies even if the claims or equipment listed in Paragraph f. (2) against any insured allege negligence or other or f. (3) of the definition of "mobile wrongdoing in the supervision, hiring, equipment". employment, training or monitoring of others by that insured, if the "occurrence" which caused B. Damage To Property Coverage Extensions the "bodily injury" or "property damage" Item 2. Exclusions, Paragraph j. is replaced by the involved in the ownership, maintenance, use or following: entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or j. Damage To Property rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property you own, rent, or occupy, (1) A watercraft while ashore on premises you including any costs or expenses incurred own or rent; by you, or any other person, organization or entity, for repair, replacement, (2) A watercraft you do not own that is: enhancement, restoration or maintenance (a) Less than 50 feet long; and of such property for any reason, including prevention of injury to a person or damage (b) Not being used to carry persons or to another's property; property for a charge; (2) Premises you sell, give away or abandon, if This Subparagraph (2) applies to any the "property damage" arises out of any person, who with your expressed or implied part of those premises; consent, either uses or is responsible for the use of the watercraft; (3) Property loaned to you; (3) Parking an "auto" on, or on the ways next (4) Personal property in the care, custody or to, premises you own or rent, provided the control of the insured; "auto" is not owned by or rented or loaned to you or the insured; WN GL 39 07 15 Includes copyrighted material of Insurance Services Office,Inc., with its permission. Page 2 of 10 (5) That particular part of real property on Paragraph (6) of this exclusion does not apply to which you or any contractors or "property damage" included in the subcontractors working directly or indirectly "products-completed operations hazard". on your behalf are performing operations, if the "property damage" arises out of those The insurance provided for"property damage"from operations; or the use of elevators and for "property damage" to (6) That particular part of any property that borrowed equipment is excess over any other valid must be restored, repaired or replaced and collectible property insurance (including any because "your work" was incorrectly deductible portion thereof) available to the insured performed on it. whether primary, excess, contingent or on any other basis. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by C. Damage To Premises Rented To You fire, lightning, explosion or sprinkler leakage) to Item 2. Exclusions, the last paragraph is replaced premises, including the contents of such premises, by the following: rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as Exclusions c.through n. do not apply to damage by described in SECTION III -- LIMITS OF fire, lightning, explosion or sprinkler leakage to INSURANCE. However, the provisions of this premises while rented to you or temporarily paragraph do not apply if coverage for Damage To occupied by you with permission of the owner. A Premises Rented To You is excluded by separate limit of insurance applies to this coverage endorsement. as described in Paragraph 6. of SECTION Ill — LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are"your work"and were never occupied, COVERAGE B — PERSONAL AND ADVERTISING rented or held for rental by you. INJURY LIABILITY Paragraphs (3) and (4) of this exclusion do not D. Personal And Advertising Injury apply to the use of elevators. Item 2. Exclusions is amended by replacing Paragraphs (3), (4), (5) and (6) of this exclusion do Sub paragraphs b,and c.with the following: not apply to liability assumed under a sidetrack b. Material Published With Knowledge Of agreement. Falsity Paragraph (4) of this exclusion does not apply to "Personal and advertising injury" arising out of "property damage" to borrowed equipment while oral, written, televised, videotaped or electronic not being used to perform operations at the jobsite. publication, in any manner, of material, if done Subject to Paragraph 2. of SECTION III — LIMITS by or at the direction of the insured with OF INSURANCE, the rules below fix the most we knowledge of its falsity. will pay for"property damage"under this provision: c. Material Published Prior To Policy Period (1) $25,000 any one "occurrence", regardless of "Personal and advertising injury" arising out of the number of persons or organizations who oral, written, televised, videotaped or electronic sustain damages because of that"occurrence"; publication, in any manner, of material whose (2) $50,000 annual aggregate; and first publication took place before the beginning of the policy period. (3) We will pay only for damages in excess of $2.,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or"suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. WN GL 39 07 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 10 SUPPLEMENTARY PAYMENTS—COVERAGES A The following are added: AND B C. Blanket Additional Insured — Vendors — As E. Supplementary Payments—Coverages A and B Required By Contract 1. Section II —Who Is An Insured is amended to Item 1, is amended by replacing Subparagraphs b. include as an additional insured any person(s) and d. with the following: or organization(s) (referred to throughout this endorsement as vendor) with whom you have b. Up to $5,000 for cost of bail bonds required agreed in a written contract, executed prior to because of accidents or traffic law violations loss, to name as an additional insured, but only arising out of the use of any vehicle to which with respect to "bodily injury" or "property the Bodily Injury Liability Coverage applies. We damage" arising out of "your products" which do not have to furnish these bonds. are distributed or sold in the regular course of the vendor's business. d. All reasonable expenses incurred by the insured at our request to assist us in the However, investigation or defense of the claim or "suit", a. The insurance afforded to such vendor only including actual loss of earnings up to $500 a applies to the extent permitted by law; and day because of time off from work. b. If coverage provided to the vendor is required by a contract or agreement, the SECTION II—WHO IS AN INSURED AMENDMENTS insurance afforded to such vendor will not be broader than that which you are A. Employee Bodily Injury To A Co-Employee required by the contract or agreement to provide for such vendor. Paragraph 2. a. (1) is replaced by the following: 2. With respect to the insurance afforded to these (1) "Bodily injury" or "personal and advertising vendors, the following additional exclusions injury": apply: (a) To you, to your partners or members (if you a. The insurance afforded the vendor does are a partnership or joint venture), to your not apply to: members (if you are a limited liability company), or to your other "volunteer (1) "Bodily injury" or"property damage" for workers" while performing duties related to which the vendor is obligated to pay the conduct of your business; damages by reason of the assumption of liability in a contract or agreement. (b) For which there is any obligation to share This exclusion does not apply to liability damages with or repay someone else who for damages that the vendor would must pay damages because of the injury have in the absence of the contract or described in Paragraph(1)(a)above; or agreement; (c) Arising out of his or her providing or failing (2) Any express warranty unauthorized by to provide professional health care you; services. (3) Any physical or chemical change in the B. Newly Acquired Organizations product made intentionally by the vendor; Paragraph 3. a. is replaced by the following: a. Coverage under thisprovision is afforded only (4) Repackaging, except when unpacked 9 solely for the purpose of inspection, until the 180th day after you acquire or form the demonstration, testing, or the organization or the end of the policy period, substitution of parts under instructions whichever is earlier; from the manufacturer, and then repackaged in the original container; WN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 10 (5) Any failure to make such inspections, 4. With respect to the insurance afforded to these adjustments, tests or servicing as the vendors, the following is added to Section III — vendor has agreed to make or normally Limits Of Insurance: undertakes to make in the usual course of business, in connection with the If coverage provided to the vendor is required distribution or sale of the products; by a contract or agreement, the most we will pay on behalf of the vendor is: (6) Demonstration, installation, servicing or repair operations, except such a. The minimum amount required by the operations performed at the vendor's contract or agreement; or premises in connection with the sale of the product; b. The Limits of Insurance shown in the Declarations; (7) Products which, after distribution or sale by you, have been labeled or whichever is less. relabeled or used as a container, part or ingredient of any other thing or This endorsement shall not increase the substance by or for the vendor; or applicable Limits of Insurance shown in the Declarations. (8) "Bodily injury or "property damage" arising out of the sole negligence of the 5. With respect to the insurance afforded to these vendor for its own acts or omissions or additional insureds, the following additional those of its employees or anyone else exclusion applies: acting on its behalf. However, this exclusion does not apply to: This insurance does not apply to: (i) The exceptions contained in a. "Bodily injury", "property damage" or Subparagraphs (4)or(6); or "personal and advertising injury" arising out of the rendering of, or the failure to render, (ii) Such inspections, adjustments, any professional architectural, engineering tests or servicing as the vendor or surveying services, including: has agreed to make or normally undertakes to make in the usual (1) The preparing, approving, or failing to course of business, in connection prepare or approve, maps, shop with the distribution or sale of the drawings, opinions, reports, surveys, products. field orders, change orders or drawings and specifications; or 3. This Provision C. does not apply: (2) Supervisory, inspection, architectural or a. To any insured person or organization from engineering activities. whom you have acquired such products, or any ingredient, part or container, entering This exclusion applies even if the into, accompanying or containing such claims against an additional insured products; allege negligence or other wrongdoing in the supervision, hiring, employment, b. To any vendor for which coverage as an training or monitoring of others by that additional insured specifically is scheduled insured, if the "occurrence" which by endorsement; or caused the " bodily injury"or" property damage", or the offense which caused c. When liability included within the "products-completedthe "personal and advertising injury", operations hazard" has been excluded for such product either involved the rendering of or failure to by the provisions of the coverage part or by render any professional services by endorsement. you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. • WN GL 39 07 15 Includes copyrighted material of Insurance Services Office,Inc., with its permission. Page 5 of 10 D. Blanket Additional Insured — Lessor Of Leased 4. With respect to the insurance afforded to these Equipment additional insureds, the following additional exclusion applies: 1. Section II—Who Is An Insured is amended to This insurance does not apply to: include as an additional insured any person(s) or organization(s) from whom you lease a. "Bodily injury", "property damage" or equipment when you and such person(s) or "personal and advertising injury" arising out organization(s) have agreed in writing in a of the rendering of, or the failure to render, contract or agreement, executed prior to loss, any professional architectural, engineering that such person(s) or organization(s) be added or surveying services, including: as an additional insured on your policy. Such person(s) or organization(s) is an insured only (1) The preparing, approving, or failing to with respect to liability for "bodily injury", prepare or approve, maps, shop "property damage" or "personal and advertising drawings, opinions, reports, surveys, injury" caused, in whole or in part, by your field orders, change orders or drawings maintenance, operation or use of equipment and specifications; or leased to you by such person(s) or (2) Supervisory, inspection, architectural or organization(s). engineering activities. However, the insurance afforded to such additional insured: This exclusion applies even if the claims against an additional insured allege a. Only applies to the extent permitted by law; negligence or other wrongdoing in the and supervision, hiring, employment, training or b. Will not be broader than that which you are monitoring of others by that insured, if the required by the contract or agreement to "occurrence" which caused the "bodily provide for such additional insured. injury"or"property damage", or the offense which caused the"personal and advertising A person's or organization's status as an injury", involved the rendering of or failure additional insured under this endorsement ends to render any professional services by you when their contract or agreement with you for with respect to your providing engineering, such leased equipment ends. architectural or surveying services in your capacity as an engineer, architect or 2. With respect to the insurance afforded to these surveyor. additional insureds, this insurance does not apply to any "occurrence" which takes place E. Blanket Additional Insured — Managers Or after the equipment lease expires. Lessors Of Premises 3. With respect to the insurance afforded to these 1. Section II—Who Is An Insured is amended to additional insureds, the following is added to include as an additional insured any person(s) Section Ill—Limits Of Insurance: or organization(s) with whom you have agreed If coverage provided to the additional insured is in a written contract, executed prior to loss, to required by a contract or agreement, the most name as an additional insured, but only with we will pay on behalf of the additional insured respect to liability arising out of the ownership, maintenance or use of that part of the premises is: leased to you, subject to the following a. The minimum amount required by the additional exclusions: contract or agreement; or This insurance does not apply to: b. The Limits of Insurance shown in the Declarations; a. Any "occurrence" which takes place after you cease to be a tenant in that premises. whichever is less. b. Structural alterations, new construction or This endorsement shall not increase the demolition operations performed by or on applicable Limits of Insurance shown in the behalf of such additional insured. Declarations. WN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 10 However: F. Blanket Additional Insured — State Or a. The insurance afforded to such additional Governmental Agency Or Subdivision Or insured only applies to the extent permitted Political Subdivision — Permits Or by law;and Authorizations b. If coverage provided to the additional Section H — Who Is An Insured is amended to insured is required by a contract or include as an additional insured any state or agreement, the insurance afforded to such governmental agency or subdivision or political additional insured will not be broader than subdivision with whom you have agreed in a written that which you are required by the contract contract, executed prior to loss, to name as an or agreement to provide for such additional additional insured, subject to the following insured. provisions: 2. With respect to the insurance afforded to these 1. This insurance applies only with respect to additional insureds, the following is added to operations performed by you or on your behalf Section HI —Limits Of Insurance: for which the state or governmental agency or If coverage provided to the additional insured is subdivision or political subdivision has issued a required by a contract or agreement, the most permit or authorization. we will pay on behalf of the additional insured However: is: a. The insurance afforded to such additional a. The minimum amount required by the insured only applies to the extent permitted contract or agreement; or by law: and b. The Limits of Insurance shown in the b. If coverage provided to the additional Declarations; insured is required by a contract or whichever is less. agreement, the insurance afforded to such additional insured will not be broader than This endorsement shall not increase the that which you are required by the contract applicable Limits of Insurance shown in the or agreement to provide for such additional Declarations. insured. 3. With respect to the insurance afforded to these 2. This insurance does not apply to: additional insureds, the following additional exclusion applies: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out This insurance does not apply to: of operations performed for the federal a. "Bodily injury', "property damage" or government, state or municipality; or "personal and advertising injury" arising out b. "Bodily injury" or "property damage" of the rendering of, or the failure to render, included within the "products-completed any professional architectural, engineering operations hazard". or surveying services, including: 3. With respect to the insurance afforded to these (1) The preparing, approving, or failing to additional insureds, the following is added to prepare or approve, maps, shop Section III—Limits Of Insurance: drawings, opinions, reports, surveys, field orders, change orders or drawings If coverage provided to the additional insured is and specifications; or required by a contract or agreement, the most we will pay on behalf of the additional insured (2) Supervisory, inspection, architectural or is: engineering activities. a. The minimum amount required by the This exclusion applies even if the claims contract or agreement; or against an additional insured allege negligence or other wrongdoing in the b. The Limits of Insurance shown in the supervision, hiring, employment, training or Declarations; monitoring of others by that insured, if the whichever is less. "occurrence" which caused the "bodily injury" or"property damage", or the offense This endorsement shall not increase the which caused the"personal and advertising applicable Limits of Insurance shown in the injury", involved the rendering of or failure Declarations. to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 10 4. With respect to the insurance afforded to these b. The construction, erection or removal of additional insureds, the following additional elevators: or exclusion applies: c. The ownership, maintenance or use of any This insurance does not apply to: elevators covered by this insurance. a. "Bodily injury", "property damage" or However, "personal and advertising injury" arising out a. The insurance afforded to such additional of the rendering of, or the failure to render, insured only applies to the extent permitted any professional architectural, engineering by law; and or surveying services, including: b. If coverage provided to the additional (1) The preparing, approving, or failing to insured is required by a contract or prepare or approve, maps, shop agreement, the insurance afforded to such drawings, opinions, reports, surveys, additional insured will not be broader than field orders, change orders or drawings that which you are required by the contract and specifications; or or agreement to provide for such additional (2) Supervisory, inspection, architectural or insured. engineering activities. 2. With respect to the insurance afforded to these This exclusion applies even if the claims additional insureds, the following is added to against an additional insured allege Section III —Limits Of Insurance: negligence or other wrongdoing in the If coverage provided to the additional insured is supervision, hiring, employment, training or required by a contract or agreement, the most monitoring of others by that insured, if the we will pay on behalf of the additional insured "occurrence" which caused the "bodily injury"or"property damage", or the offense is: which caused the "personal and advertising a. The minimum amount required by the injury", involved the rendering of or failure contract or agreement: or to render any professional services by you with respect to your providing engineering, b. The Limits of Insurance shown in the architectural or surveying services in your Declarations; capacity as an engineer, architect or surveyor. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the G. Blanket Additional Insured — State Or Declarations. Governmental Agency Or Subdivision Or Political Subdivision — Permits Or 3. With respect to the insurance afforded to these Authorizations Relating To Premises additional insureds, the following additional exclusion applies: Section it — Who is An Insured is amended to include as an additional insured any state or This insurance does not apply to: governmental agency or subdivision or political a. "Bodily injury", "property damage" or subdivision with whom you have agreed in a written "personal and advertising injury" arising out contract, executed prior to loss, to name as an of the rendering of, or the failure to render, additional insured, subject to the following any professional architectural, engineering provision: or surveying services, including: 1. This insurance applies only with respect to the (1) The preparing, approving, or failing to following hazards for which the state or prepare or approve, maps, shop governmental agency or subdivision or political drawings, opinions, reports, surveys, subdivision has issued a permit or authorization field orders, change orders or drawings in connection with premises you own, rent or and specifications; or control and to which this insurance applies: (2) Supervisory, inspection, architectural or a. The existence, maintenance, repair, engineering activities. construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or WN 01 39 07 15 Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 8 of 10 This exclusion applies even if the claims against an additional insured allege SECTION IV — COMMERCIAL GENERAL LIABILITY negligence or other wrongdoing in the CONDITIONS AMENDMENTS supervision, hiring, employment, training or monitoring of others by that insured, if the A. Knowledge Of Occurrence "occurrence" which caused the "bodily Item 2. Duties In The Event Of Occurrence, injury"or"property damage", or the offense Offense, Claim or Suit is amended by adding the which caused the "personal and advertising following: injury", involved the rendering of or failure to render any professional services by you e. You must give us or our authorized with respect to your providing engineering, representative prompt notice of an architectural or surveying services in your "occurrence", claim or loss only when the capacity as an engineer, architect or "occurrence", claim or loss is known to: surveyor. (1) You, if you are an individual; SECTION III — LIMITS OF INSURANCE (2) A partner, if you are a partnership; AMENDMENTS (3) An executive officer or insurance manager, A. Damage To Premises Rented To You if you are a corporation; or Paragraph 6. is replaced by the following: (4) A member or manager, if you are a limited 6. Subject to Paragraph 5. above, the most we liability company. will pay under Coverage A for damages B. Other Insurance because of "property damage" to any one Item 4. Other Insurance, b. Excess Insurance (1) premises, while rented to you, or in the case of (a) (ii) is replaced by the following: damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily (ii) That is fire, lightning, explosion or sprinkler occupied by you with permission of the owner leakage insurance for premises rented to you is the greater of: or temporarily occupied by you with permission of the owner; a. $300,000; or C. Unintentional Failure To Disclose Hazards b. The amount shown next to the Damage To Item 6. Representations is replaced by the Premises Rented To You Limit in the following: Declarations. 6. Representations And Unintentional Failure However, the provisions of this paragraph do To Disclose Hazards not apply if Damage To Premises Rented To a. By accepting this policy, you agree: You Coverage is excluded by endorsement. B. Medical Expense Limit (1) The statements in the Declarations are accurate and complete; Paragraph 7. is replaced with the following: (2) Those statements are based upon 7. Subject to Paragraph 5. above, the most we representations you made to us; and will pay under Coverage C for all medical expenses because of "bodily injury" sustained (3) We have issued this policy in reliance by any one person is the greater of: upon your representations. a. $10,000; or b. If you unintentionally fail to disclose any hazards existing at the inception date of b. The amount shown next to the Medical your policy, we will not deny coverage Expense Limit in the Declarations. under this Coverage Part because of such This insurance does not apply if coverage for failure. However, this provision does not Medical Expenses is excluded either by the affect our right to collect additional provisions of the coverage part or by premium or exercise our right of endorsement. cancellation or non-renewal. WN Gt. 39 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 10 D. Waiver of Subrogation SECTION V—DEFINITIONS AMENDMENTS Item 8. Transfer of Rights of Recovery Against A. Insured Contract Amended Others to Us is hereby amended by the addition of the following: Paragraph 9. a. is replaced by the following: We waive any right of recovery we may have a. A contract for a lease of premises. However, because of payments we make for injury or that portion of the contract for a lease of damage arising out of your ongoing operations or premises that indemnifies any person or "your work" done under a written contract, organization for damage by fire, lightning, executed prior to loss, requiring such waiver with explosion or sprinkler leakage to premises that person or organization and included in the while rented to you or temporarily occupied by "products-completed operations hazard". However, you with permission of the owner is not an our rights may only be waived prior to the "insured contract'; "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. D Personal And Advertising Injury Redefined The insured must do nothing after a loss to impair Paragraph 14. d. and e. are replaced by the our rights. At our request, the insured will bring following: "suit" or transfer those rights to us and help us enforce those rights. d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; WN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 10 of 10 COMMERCIAL GENERAL LIABILITY WN GL 84 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to a. The preparing, approving, or failing to pre- include the following: pare or approve, maps, shop drawings, Any person(s) or organizations(s) for whom you• opinions, reports, surveys, field orders, have performed operations is also an additional change orders or drawings and specifics insured, if you and such person(s) or organiza- tions; or tion(s) have agreed in writing in a contract or b. Supervisory, inspection, architectural or agreement that such person(s) or organization(s) engineering activities. be added as an additional insured on your policy This exclusion applies even if the claims for completed operations. Such person(s) or or against an additional insured allege negli ganization(s) is an additional insured only with re Bence or other wrongdoing in the supervision, spect to liability for "bodily injury" or "property hiring, employment, training or monitoring of damage" caused, in whole or part, by "your work" others by that insured, if the "occurrence" at the location specified in the written contract or agreement and included in the "products- which caused the "bodily injury" or "property completed operations hazard". damage", or the offense which caused the "personal and advertising injury", involved the However, the insurance afforded to such additional rendering of or failure to render any profes- insured: sional services by you with respect to your 1. Only applies to the extent permitted by law; providing engineering, architectural or survey- and ing services in your capacity as an engineer, architect or surveyor. 2. Will not be broader than that which you are re 2. "Bodily injury" or "property damage" that oc- quired by the contract or agreement to provide curs prior to the execution of, or subsequent to for such additional insured. the expiration of, the contract or agreement in B. With respect to the insurance afforded to these which you agreed that such person(s) or or- additional insureds, the following additional exclu- ganization(s) be added as an additional in- sions apply: sured. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural, engineering or surveying services, including: WN GL 84 07 15 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C. With respect to the insurance afforded to these 1. The minimum amount required by the contract additional insureds, the following is added to Sec- or agreement; or tion III—Limits Of Insurance: 2. The Limits of Insurance shown in the Declara- If coverage provided to the additional insured is tions, required by a contract or agreement, the most we whichever is less. will pay on behalf of the additional insured is: This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 84 07 15 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 0,)/iiac /93a 1Ay CONTRACT MODIFICATION #1 AGREEMENT NO. 5389 BETWEEN THE CITY OF BREMERTON AND L2 Systems, LLC PROJECT: Water SCADA System Upgrade CONSULTANT: L2 Systems, LLC DATE: November 9, 2016 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and L2 Systems, LLC on 6-12-14 All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: No change; Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by December 31, 2017. Section III. Compensation , is modified as follows: No change; II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and fmal settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. CONTRACT MODIFICATION 1 Project Number: • The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer/Public Works Director approved to process0 L��!/ /(b Initials d Date CONSULTANT THE CITY OF BREMERTON By ��� By Patt, ► - Its �'� ji-r•� Its M. t r DATE: // DATE: //'21 '203. APPROVED AS TO FORM: ATTEST: CniSiUji° � . Bremerton City At army City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Bremerton Public Works and Utilities L2 Systems, LLC 100 Oyster Bay Ave N 3322 16th Street Bremerton, WA 98312 Everett, WA 98201 R:\LEGAL\Contracts\FORMS\Contract Modification(2003).doc CONTRACT MODIFICATION 2 Project Number: TRANSMITTAL , .VO IE*Y•OF PRIDE, *atc4PC RTiNTY y FINANCIAL SERVICES City Clerk I Shannon L. Corin as 5200 shannon.corin@ci.bremerton.wa.us iM)600 :1-4144RTA 9833+7c June 14, 2014 Glen D Lee III L2 Systems, LLC 3322 16th Street Everett WA 98201 RE: Professional Services Agreement Water System SCADA Lifecycle Upgrade I have enclosed your fully executed copy referenced above. Best Regards, Shannon L. Corin City Clerk /sic Enclosure cc: File