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HomeMy WebLinkAbout5550 PROFESSIONAL SERVICES AGREEMENT Harborside Fountain Mechanical Design Services The City of Bremerton ("City") and HV En in� ,� ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated Februarv 8, 2016, including any attachments thereto, attached hereto as Attachment A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section V[I.H of this Agreement. [f 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 Attachment A is to be completed within 31 calendar days from date of contract enactment; 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 $5,949.00. Consultant's charges and bills shall conform to the following fee schedule: Lump sum of up to $5,949.00 upon completion of work. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereo£ 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 11 herein. 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. [f 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. 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 � Bremerton/f HV En�ineering, lnc.1 Rev. 8/15 f Harborside Fountain Mechanical Desi�n Servicesl . Page 1 of 7 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 the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, En�ineers and Anv Other Professional Listed In and Performin„g Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL iNSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNiFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/fHV En in� eerin ,g Inc•1 Rev. 8/15 [Harborside Fountain Mechanical Desi�n Servicesl Page 2 of 7 • 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. 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 lnsurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom 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 6th 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. Bremerton/jHV En ineerin ,g Inc.l Rev. 8/15 [Harborside Fountain Mechanical Desi�n Services] Page 3 of 7 r 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 Seattle, 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 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. Use of Photo raphs and Ima� Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work 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. ' Bremerton/jHV En ineerin , Inc.l Rev. 8/15 f Harborside Fountain Mechanical Desi�n Services], Page 4 of 7 E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Silverdale, 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. F. Entire A�reement: This Agreement and its Exhibit 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. G. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or lst 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 Consultant Address 680 Lebo Blvd. 7100 Linden Ave.N Bremerton, WA Suite 1 98310 Seattle. WA 98103 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of.any other right or power. K. 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. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. 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. N. Attorneys' 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. O. Assi n�nt: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. Bremerton/fHV Engineerin�, Inc.j Rev. 8/15 jHarborside Fountain Mechanical Design Service� Page 5 of 7 VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant 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 1 herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work,the City may summarily terminate this Agreement. A. Excusable Delavs: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of 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, 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 e:ccusable, 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 f nal invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for cerlification. Should Consultant enter into a covered transaction with another firm, Consultant Bremerton/f H V En ineerin�, lnc.l Rev. 8/I 5 [Harborside Fountain Mechanical Desi�n Services] Page 6 of 7 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 disyualified. C1TY OF BREMERTON CONSULTANT � �`'`, n�� �'�{���G�, �� By: J levado By: Thomas f-{arrvlock, P.E. its: Parks & Rec. Director itS: President Date: � "1 ?-ollo Date:03/08/16 Approved as to form: est: - B emerton City Attorne City Clerk R U_egal\Legal\Contracts\FORMS\Professional Serv�ces Agreement Form(ZO15)-2 doc Bremerton/LHV En�ineerin , I�c 1 Rev. 8/15 jHarborside Fountain Mechanical Design Servicesl Page 7 of 7 ATTACHMENT A 0�0- HV Engineering� �nC■ 7100 Linden Avenue N, Ste. 1 - Consulting Mechanical Engineers Seattle, WA 98103 Ph: (206) 706-9669 Fax: (206)706-1830 February 8, 2016 Bremerton Parks and Recreation Bremerton,WA Attn.: Jeff Elevado Re.: Bremerton Harborside Fountain Filtration/Chemical System Retrofit Proposal for Mechanical Design Services Thank you for considering HV Engineering for this project. We are pleased to submit the following proposal to provide services for the above referenced project. Our understanding of the project scope and scope of work is based upon original fountain construction documents by WET Design and dated 06/26/06 and our subsequent discussions about the scope of the retrofit as identified below. Project Scope: Develop permit and construction documents for renovation of the Harborside Fountain with a new filtration pump, filter, and sanitizing system. The size of the filter pump and filter will match the requirements for"wader recreation facility"as identified in the state health code, WAC 246-260- 071. Although HVE will be responsible to show the chemical system desired by the client on their permiUconstruction document process diagrams, the client will provide direction to HVE on which chemicals they desire to be used and will site/coordinate any required fences and/or structures to house these elements within the project. HVE is not responsible to subcontract architecture and structural engineering services that may be required for such a structure/fence. A similar issue exists for any structural work required to analyze the loads of a pump/filter skid package that is planned to be located on the grating above the existing pump/filter skid system below. Once we know what that scope of work is we can sub-contract with a local structural engineering firm to analyze these loads and make any recommendations necessary. This work would need to be done on a time/material basis. Scope of Work: 1. HV Engineering will provide its basic services to meet the requirements that follow: • Prepare Permit Documents. • Prepare Final Construction Documents. 2. Basic Mechanical Design Scope-The mechanical design scope is anticipated to include design and specification of the following: • All pool process systems. 3. Coordination Meetings &Quality Review Process- In order to help facilitate effective inter-discipline coordination we assume there will be one(quantity) coordination meeting/site visit during the design phase of the work. This proposal assumes that travel expenses and time at our standard billing rate will be paid whenever these meetings are required to be outside the Seattle/Bremerton metropolitan area. 4. Construction Support Services are not included as part of the basic scope of work but can be provided on a T&M basis and would include such things as: • Pool System Submittal reviews. • Review and respond to all contractor questions regarding the Pool systems. I:\2016�2016-009-Bremerton Harborside Fountains\PM\Contracfl2016-009p-02-08-2016.docx 0�0: HV Engineering� �n�i■ 7100 Linden Avenue N, Ste. 1 � Consulting Mechanical Engineers Seattle, WA 98103 Ph: (206) 706-9669 Fax: (206) 706-1830 • Site Visits with Observation Reporting. Professional fee Summary-HV Engineering will provide its basic services, based on the Scope of Work described above on a lump sum fee as described below. This will be billed on a"month- end" hourly basis. Item Percentage Subtotal Design Development 40% $2,380 Permit Documents 40% $2,380 Construction Documents 20% $1,190 Subtotal 100% $5,949 Construction Support T&M Total $5,949 Terms and Conditions This proposal is based on the project description and design scope noted in this letter, as well as the enclosed Schedule of Conditions, which is part of this agreement. The"client" is defined as the person to whom this proposal is addressed. Please sign this document and return a copy so that we may proceed. If you authorize us to proceed prior to receiving a signed copy, we wilt do so, assuming agreement with this document. Payment Payments are due and payable within thirty(30) days from the date of HV Engineering's invoice. Amounts unpaid sixty(60) days after the invoice date shall bear interest at the rate of 1.5% monthly. We do understand that some developers limit their funds until permits and the resultant project financing is in place. However, there is a cost to carry these receivables and there isn't enough contingency in our fees to allow us to absorb this additional burden. It is also important to note that payment for services rendered is not contingent on the Owner receiving either permits by jurisdictional authorities or project financing. These are Owner risks and not ones in which we can share. Acceptance of Agreement If the above proposal meets with your approval, please sign and return the enclosed copy of this letter to HV Engineering, Inc. You may keep the original for your files. If you have any questions, please call. ���� G������ Thom s G. Harry�ock, P.E. , ������ Appro e y• Date Enclosure Schedule of Conditions Budget Worksheets I:\2016�2016-009-Bremerton Harborside Fountains\PM\Contract\2016-009p-02-08-2016.docx 0�0HV Engineering� �nC■ 7100 Linden Avenue N, Ste. 1 - Consulting Mechanical Engineers Seattle, WA 98103 Ph: (206) 706-9669 Fax: (206) 706-1830 Schedule of Conditions The services and compensation of HV Engineering, Inc. are based on the following conditions unless otherwise noted in our accompanying proposal. 1 Design Agreement i.l This proposal shall also be based upon the standards of practice set forth in AIA Document C141-1997, and may, at the ClienYs discretion, be incorporated into such an agreement. 2 2016 Hourly Charges for Personnel 2.1 Personnel will be charged at the following rates. $160 Principal $120 Senior Mechanical Designer $140 Engineer Level 2 $100 Engineer Level 1 $82 Designer/Drafter 2.2 These rates are subject to review and revision on January 1, 2017. 2.3 Excluded from these rates is work involving expert witness testimony, litigation, or negotiating claim settlements. 3 Reimbursable Expenses 3.1 Expenses and services not directly provided by HV Engineering, Inc., will be charged at 1.1 x cost. Reimbursable expenses include travel expenses, printing of drawings or specifications, courier service, overnight mail and equipment rental. 4 Billing 4.1 Invoices will be issued monthly and are payable within 30 days of the date client receives our invoice or upon receipt of payment from the Owner, whichever is less. An interest charge of 1.5%/month will be payable on any amount not paid within this time period. Attorneys'fees and any other costs incurred in collecting delinquent accounts shall be paid by the Client. 5 Additional Services 5.1 Mechanical Engineering services are currently limited to the scope outlined in the fee letter. If during the course of the project the project scope is changed, then HV Engineering will provide a written request for additional services and will proceed with this work with the understanding that these services will be billed as additional services. 5.2 Items which may be considered additional service if not specifically included in the scope letter include: Additional Submittals of Documents for various Design Stages beyond those listed in the fee letter, Opinions of Probable Costs, Construction Support Services, Commissioning Review Services, Permit Expediting,As-Built Document Review/Annotation, Site Surveys, Building Envelope Energy Code Analysis, Meetings and site visits beyond the quantities listed in the fee letter, etc. 6 Standard of Care 6.1 Services provided by HV Engineering, Inc. under this Agreement will be perFormed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in accordance with the governing codes and regulations adopted at the time of the execution of this agreement. No other warranty or representation, either expressed or implied, is included or intended in our proposals, contracts, plans and specifications, or reports. 6.2 HVE mechanical engineers do not have or represent themselves as having acoustical expertise to design, analyze or review acoustical performance of proposed mechanical equipment with local ordinance requirements and/or indoor vibration and acoustical performance. Upon request HVE will provide information about their mechanical equipment selections to the projecYs acoustical representative for review. I.\2016�2016-009-Bremerton Harborside Fountains\PM\Contract�2016-009p-02-08-2016.docx D�vHV Engineering� �nC■ 7100 Linden Avenue N, Ste. 1 Consulting Mechanical Engineers Seattle, WA 98103 Ph: (206)706-9669 Fax: (206)706-1830 7 Termination 7.1 This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 8 Transfer of Drawings/Electronic Media 8.1 Electronic files containing background information shall be provided to HV Engineering, Inc. at regular intervals throughout the project. The files shall be layered such that all information pertinent to the preparation of the mechanical engineering drawings is isolated to a specific layer or layers. In addition, since electronic files are continuously modified throughout the project, plots of the architectural drawings shall be provided to HV Engineering, Inc. on a regular basis at sufficient intervals to meet schedule requirements. 8.2 HV Engineering, Inc. will provide electronic files to other design team members,when necessary, at no charge. The use of the provided electronic media is for the convenience of the user only, and will be without any liability or legal exposure to HV Engineering, Inc. 9 Assignment 9.1 This Agreement shall be governed by the laws of the State of Washington. Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement(including but not limited to monies that are due or monies that may be due)without the prior written consent of the other party. 10 Insurance 10.1 Notwithstanding any other provision in this Agreement, nothing shall be construed so as to void, vitiate, adversely affect or in any other way impair any insurance coverage held by either party to this Agreement. l l Risk Allocation/Limit of Liability 11.1 The client shall be responsible for reviewing the work of the sub-consultant, HVE, for compliance with project scope and scope of work, and shall consult HVE if it appears that any aspect of the work requires modification. HVE shall not be responsible for the acts or omissions of the Client, or of other parties working with the client on the project. 11.2 The Client agrees that to the fullest extent permitted by law, HV Engineering's total liability to the Client for any and all injuries, claims, losses, expenses, damages, or claim-expenses arising out of this agreement from any cause or causes, shall not exceed the total amount of the fees. 12 Verification of Existing Conditions 12.1 In as much as the remodeling and/or rehabilitation of an existing building requires that certain assumptions be made regarding existing conditions, and because some of these assumptions cannot be verified without expending additional sums of money, or destroying otherwise adequate or serviceable portions of the building, the Client agrees that HV Engineering, Inc. shall not be liable for any costs or damages incurred by any person or entity resulting from concealed conditions in the existing building. 12.2 In addition, HV Engineering, Inc. shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl, molds or other toxic substances. 13 Non-Codified RatinglBuilding Performance Programs(i.e. LEED, Built-Smart, Evergreen Standard) 13.1 Many projects procure sources of funding and/or operational benefits thru achieving various types of non-codified perFormance related targets. These targets often exist in the form of ineeting higher performance than some standard such as the"code". While an owner/developer may attach their overall financial performance with these benchmarks, HVE does not have any responsibility to provide service beyond the specifically contracted work detailed in the fee letter in this regard. I�\2016\2016-009-Bremerton Harborside Fountains\PM\Contract\2016-009p-02-08-2016.docx ��0HV Engineering� �nC■ 7100 Linden Avenue N, Ste. 1 Consulting Mechanical Engineers Seattle,WA 98103 Ph: (206) 706-9669 Fax: (206)706-1830 13.2 Should a benchmark which was specifically contracted for not be achieved, there are many possible reasons outside of HVE control for this such as: inadequate construction funds provided by the developer/ownership, construction deficiencies, interpretations of the rating agency relating to the technical benchmark, etc. HVE limits any liability associated with not meeting a benchmark to fees specifically identified in the fee letter for the benchmark when it can be established that HVE performance as it pertained to the benchmark was at issue and not factors outside of their control. 14 Sunset Clause 14.1 This fee letter proposal is valid for 90 days after the date listed above. If a signed copy of this proposal is not returned to HV Engineering within this 90 day period, then this proposal is null and void and it is understood that there is no contractual agreement based on or related to this proposal between HV Engineering and any other parties. 14.2 This fee letter is based on the assumption that construction document design phase (i.e., all design work preceding the start of construction) is completed within 12 months of the signed acceptance date of the proposal and a completion of construction administration/support services within 36 months from the date of acceptance. If respective services are required after either of these time periods has expired, they will be identified and agreed to in writing at that time as additional service. I.\2016\2016-009-Bremerton Harborside Fountains\PM\Contract\2016-009p-02-OS-2016 docx ��v HV Engineering, lnc. ENGINEERING BUDGET WORKSHEET- Estimated Activities Project Title: Project MACC: $25,000 Date: 2/8/16 Page Bremerton Harborside Fountain Rev.: Filtration/Chem System Retrofit Mech. MACC: $25,000 Rev.: HVE 2016-009 1 of 1 Location: Bremerton,WA Mechanical Engineering Services Construction Document Phase (CD) List of Activities- Hours No. No. Description Principal Engineer Senior Engineer Dw s Level2 Desi ner Level 1 Draftin Total Review Record Documents 3 3 Prelimina Calculation/Site Observations 3 0.5 3.5 E ui ment Selections um /filter 6 2 8 Coordination with owner chemical s stem 4 4 Permit document 8 8 16 DOH review/finalize ermit 2 4 6 Final CD's Details, etc. 2 2 0 0 0 S ecifications 6 6 0 0 48.5 Total Hours 0 34 0 0 15 49 Com osite Rates $160 $140 $120 $100 $82 Total Cost for CD Lum Sum Fee $0 $4,760 $0 $0 $1,189 $5,949 Assumptions Total $5,949 I\2016\2016-009-Bremerton Harborside Fountains\PM\Contract\2016-009p-02-08-2016.docx i--'� � HVENG-1 OP ID: LV '`��� �� CERTIFICATE OF LIABILITY INSURANCE D03/04IDD/YYYY) 03/04/2016 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 NAME:CONTACT Kevin G. Rabourn The Rabourn Company,Inc. . PHONE FAX 11400 S.E.8th Street,STE 220 (NC:No,Ext):425-688-8600 (A/C,No):425-688-9251 Bellevue,WA 98004 RECEIVED E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# MAR HR n � INSURER A:American Casualty Company INSURED H.V. Engineering, Inc. I INSURER B: 7100 Linden Ave N.,Ste 1 INSURER C Seattle,WA 98103 City of Bremerton INSURER D Risk Management INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER /YPOLICY EFF POLICY EXP LIMITS (MMIDDYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 • A X COMMERCIAL GENERAL LIABILITY 1073219664 03/13/2016 03/13/2017 DAMAGE TO RENTED 300 000 PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 THE RABOURN COMPANY MAKES NO PERSONAL 8 ADV INJURY $ 1,000,000 REPRESENTATION THAT THESE COVERAGES GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: COMPLY WITH OR FULLY SATISFY ANY PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY PRo- INSURANCE OR INDEMNITY REQUIREMENTS $ JFCT LOC IN ANY CONTRACT,WRi("MI Ok,L OR Doli I-LIEU COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 A ANY AUTO 1073219664 03/13/2016 03/13/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (PER ACCIDENT) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Bremerton is an Additional Insured as respects operations of the Named Insured but only to the extent provided by SB-300176C(04/14) . Form , applies to the General Liability. RE:. Any and all work performed by the Named Insured. CERTIFICATE HOLDER CANCELLATION CITYO90 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management • 345 6th Street,Ste.600 A 0 THnRIZE.REPRESE T''IVE Bremerton,WA 98337 Vim\. II ©1•:8-2010 •CORD CORPORA m N. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CNA S8300176C (Ed. 04/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS LIABILITY EXTENSION WITH OFFICE POLLUTION LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE OF LIMITS FOR OFFICE PREMISES LIMITED POLLUTION LIABILITY COVERAGE Each Pollution Incident Limit $ 1,000,000 Pollution Liability Aggregate Limit $ 2 ,000,000 (If no entries appear in the above Schedule, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Table of Endorsement Contents Item # Topic Name Changes to Section A. Coverages 1. Enhanced Supplementary Payments Changes to Section B. Exclusions 2. Extended Property Damage Coverage 3. Contractual Liability for Personal and Advertising Injury O O Changes to Section C.Who Is An Insured 4. Additional Insureds: State or Political Subdivisions— Permits, State or Political Subdivisions, Controlling Interest, Managers or Lessors of Premises, Mortgagee, Assignee or Receiver, Co-owner of Insured Premises, Lessor of Equipment 5. Fellow Employee First Aid 6. Retired Partners, Members, Directors,and Employees 0 7. Participation in Professional Joint Ventures 8. Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of Subrogation 9. Amendment—Aggregate Limits of Insurance(Per Project) Changes to Section F. Definitions 10. Extended Bodily Injury 11. Contractual Liability—Railroads 12. Office Premises-Limited Pollution Liability Coverage 1. Enhanced Supplementary Payments The values shown in paragraph 1.f., Coverage Extension — Supplementary Payments, of Section A. Coverages are amended as follows: A. The amount shown in paragraph(b)for bail bonds is amended from $1,000 to$3,000. B. The amount shown in paragraph (d)for actual loss of earnings because of time off work is amended from $250. per day to$300. per day. SB300176C (Ed. 04/14) Page 1 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. SB300176C (Ed. 04/14) 2. Extended Property Damage Exclusion 1.a., Expected or Intended injury, of Section B. Exclusions Applicable to Business Liability Coverage, is deleted and replaced with the following: This insurance does not apply to: a. °Bodily injury° or °property damage° expected or intended from the standpoint of the insured. This exclusion does not apply to °bodily injury° or "property damage° resulting from the use of reasonable force to protect persons or property. 3. Contractual Liability for Personal and Advertising Injury Exclusion 1.p.(5)of Section B.Exclusions Applicable to Business Liability Coverage, is deleted. 4. Additional Insureds Section C. Who Is An Insured is amended to include the following additional insureds, subject to the provisions stated below: A. State or Political Subdivisions—Permits 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. °Bodily injury,° °property damage," "personal and advertising injury° arising out of operations performed for the state or municipality; or b. °Bodily injury° or°property damage° included within the °products-competed operations hazard.° B. State or Political Subdivisions A state or political subdivision subject to the following provisions: 1. This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators. 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to °bodily injury," °property damage° or °personal and advertising injury° arising out of operations performed for the state or municipality. C. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1. Their financial control of you; 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. D. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any°occurrence°which takes place after you cease to be a tenant in that premises; or SB300176C (Ed. 04/14) Page 2 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. SB300176C (Ed. 04/14) 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. E. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. F. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co- owners liability as co-owner of such premises. G. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded, these additional insureds, the following additional exclusions apply: This insurance does not apply: 1. To any °occurrence°which takes place after the equipment lease expires; or 2. To 'bodily injury,' °property damage° or°personal and advertising injury° arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs A. through G. above does not apply to °bodily injury° or°property damage° included within the °products-completed-operations hazard.° 5. Fellow Employee First Aid Paragraph 2.a.(1)(d)of Section C.Who Is An Insured is deleted and replaced with the following: However none of these °employees° is an insured for: (d) 'Bodily injury° or °personal and advertising injury° arising out of his or her providing or failing to provide professional health care services. However this restriction does not apply to first aid administered by an °employee°who is not an employed doctor or nurse. 6. Retired Partners, Members, Directors,and Employees Paragraph 2.of Section C.Who Is An Insured is amended to include the following as insureds: Individual persons who are retired partners, members, directors or employees are also insureds, but only for °bodily injury,' 'property damage," °personal and advertising injury" that results from services performed for you under your direct supervision. 7. Participation in Professional Joint Ventures A. The following paragraph 5.is added to Section C.Who Is An Insured: 5. You are also an insured for your participation in a past or present joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of your co-venturers are architectural, engineering or surveying firms; b. The joint venture has no direct employees; and c. The joint venture does not own, rent or lease any real or personal property. However, you are insured only for the conduct of your business within such a joint venture. You are not insured for liability arising out of the acts or omissions of other co-venturers, nor of their partners, members or employees. SB300176C (Ed.04/14) Page 3 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. SB300176C (Ed. 04/14) This insurance is excess over any other insurance available to such a joint venture, whether primary, excess, contingent, or on any other basis. B. The last paragraph of Section C.Who Is An Insured is deleted and replaced by the following: Except as provided in 5. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 8. Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of Subrogation The following is added to Section C.,-Who is an Insured: • A. The Businessowners Liability Coverage form is amended to include as an insured, any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement, but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the °bodily injury," "property damage,° or°personal and advertising injury.° B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from °your work° for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled Liability and Medical Expenses Definitions — °Insured Contract" (Section F., item 9.), within the Businessowners Liability Coverage Form, does not apply to °bodily injury° or °property damage" arising out of the 'products-completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to °bodily injury," °property damage,' °personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as a construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to °bodily injury," °property damage," or "personal and advertising injury" arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. C. Businessowners General Liability Conditions— Duties in the Event of Occurrence, Offense, Claim or Suit (Section E.2.)of the Businessowners Liability Coverage Form is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or °suit° under this insurance; 2. Tender the defense and indemnity of any claim or 'suit"to us for a loss we cover under this Coverage Part; 3. Tender the defense and indemnity of any claim or °suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this coverage part. SB300176C (Ed. 04/14) Page 4 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. SB300176C (Ed. 04/14) We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit"from the additional insured. D. Other Insurance(Section H.2.and H.3.)of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. 3. When this insurance is excess,we will have no duty under Coverages A or B to defend the additional insured against any °suit° if any other insurer has a duty to defend the additional insured against that°suit° if no other insurer defends,we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. Transfer of Rights of Recovery Against Others To Us(Section K.2.)of the Businessowners Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or°your work° done under a contract with that person or organization and included within the °products-completed operations hazard.' 9. Amendment-Aggregate Limits of Insurance(Per Project) N A. For all sums which the insured becomes legally obligated to pay as damages caused by °occurrences' under Coverage A.1., and for all medical expenses caused by accidents under Coverage A.2., which can be attributed only to ongoing operations at a single construction project: 1. A separate Construction Project General Aggregate limit applies to each construction project. The Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit shown in the Declarations. 2. The Construction Project General Aggregate limit is the most we will pay for the sum of all damages payable under Coverage A.1., except damages because of °bodily injury° or °property damage° included in the °products-completed operations hazard,' and for medical expenses payable under Coverage A.2. regardless of the number of: a. Insureds; b. Claims made or suits brought; or c. Persons or organizations making claims or bringing °suits.° 3. Any payments made under Coverage A.1. for damages or under Coverage A.2. for medical expenses shall reduce the Construction Project General Aggregate limit for the applicable construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any Construction Project General Aggregate limit applicable to other construction projects. SB300176C (Ed. 04/14) Page 5 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. • S8300176C (Ed. 04/14) 4. The limits shown in the Declarations for Liability and Medical Expenses, Damage to Premises Rented to You, and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences," and for all medical expenses caused by accidents, which cannot be attributed only to ongoing operations at a single construction project: 1. Any payments made under Coverage A.1. for damages or under Coverage A.2. for medical expenses shall reduce the amount available under the General Aggregate limit or the Products/Completed Operations Aggregate limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate limit. C. When coverage for liability arising out of the "products-completed operations hazard° is provided, any payments for damages because of "bodily injury° or °property damage° included in the "products-completed operations hazard" will reduce the Products/Completed Operations Aggregate limit, and not reduce the General Aggregate limit nor any Construction Project General Aggregate limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of the Limits Of Insurance section not otherwise modified by this endorsement shall continue to apply as stipulated. 10. Extended Bodily Injury Definition 3."Bodily Injury," of Section F.,Definitions, is deleted and replaced with the following: 3. "Bodily Injury" means bodily injury, sickness or disease, mental injury or mental anguish sustained by a person, including death resulting from any of these. 11. Contractual Liability—Railroads With respect to operations performed within 50 feet of railroad property, the definition of °insured contract° in Section F.,—Definitions is replaced by the following: 8. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an °insured contract'; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for 'bodily injury' or 'property damage° to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: a. Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. SB300176C (Ed. 04/14) Page 6 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • SB300176C (Ed. 04/14) (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in paragraph (1)above and supervisory, inspection, architectural or engineering activities. 12. Office Premises Limited Pollution Coverage This Office Premises Limited Pollution Coverage section of the Architects, Engineers and Surveyors Extension endorsement modifies several portions of the Businessowners Liability Coverage Form. These modifications apply only to the coverage provided by this section of the endorsement. A. The following paragraph 3. is added to SECTION A.COVERAGES: 3. Office Premises Limited Pollution Coverage a. Insuring Agreement (1) We will pay those sums that the insured becomes legally obligated to pay as damages because of °bodily injury° or°property damage°which directly results from a covered °pollution incident° to which this insurance applies. We will have the right and duty to defend any °suit° seeking those damages, even if any allegations of the °suit" are groundless, false or fraudulent. We may at our discretion investigate any °pollution incident°and settle any claim or'suit"that may result. But: (a) The amount we will pay for damages is limited as described in SECTION D. Liability And Medical Expenses Limits Of Insurance as amended by this endorsement; and (b) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. (c) We have no duty to defend °suits°seeking damages not covered by this endorsement. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under paragraph 1.e. Coverage Extension — Supplementary Payments of SECTION A.as amended by this section of the endorsement. CD (2) We will also reimburse you for "preventive remedial expense° that directly results from a covered °pollution incident"to which this insurance applies. We will reimburse you up to $25,000 per annual policy period for all "preventive remedial expense° directly resulting from all covered "pollution incidents,' subject to a deductible of $5,000 per covered °pollution incident.° This annual limit is in addition to the per incident deductible, and is in addition to the Pollution Liability Aggregate Limit described in SECTION D. Liability And Medical Expenses Limits Of Insurance as amended by this endorsement. This °preventive remedial expense° coverage does not apply to expenses that are covered by any other insurance available to the insured. (3) This insurance applies to °bodily injury," °property damage° or °preventive remedial expense" at, on or from °your office premises°only if: (a) The °bodily injury" directly results from a "pollution incident° that happens entirely above-ground at or from 'your office premises°; or (b) The 'property damage° occurs off of °your office premises° and directly results from a °pollution incident° that happens entirely above-ground at or from °your office premises°; or (c) The 'preventive remedial expense° directly results from a °pollution incident° that happens entirely above-ground on 'your office premises°and does not result in any covered °bodily injury° or"property damage'; and (d) The °pollution incident°: (i) is demonstrable as commencing and ending within 72 hours; (ii) is accidental; (iii) °commences during the policy period"; and (iv) happens in the °coverage territory." SB300176C (Ed.04/14) Page 7 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. SB300176C (Ed. 04/14) (4) °Commences during the policy period° means that the first emission, discharge, release or escape of the 'pollutant" or 'pollutants' from which the °bodily injury° or °property damage" arises is demonstrable as having occurred during this policy period. (5) All 'bodily injury° or "property damage° resulting from one °pollution incident° shall be deemed to have occurred only at the commencement date of the covered 'pollution incident.° (6) The insured's responsibility to pay damages because of °bodily injury" or 'property damage" must be determined in a °suit°on the merits in the °coverage territory° or in a settlement we agree to. (7) Damages because of°bodily injury°include damages claimed by any person or organization for care, loss of services, or death resulting from the °bodily injury.° B. SECTION B. EXCLUSIONS is deleted and replaced by the following: This insurance does not apply to: a. °Bodily injury,' 'property damage° or °preventive remedial expense° expected or reasonably foreseeable from the standpoint of the insured. b. °Bodily injury," °property damage° or 'preventive remedial expense° arising out of a °pollution incident° which is a repeat or resumption of a previous °pollution incident° involving the same pollutant from essentially the same source within the previous twelve (12) months, at the same premises. c. 'Bodily injury' or 'property damage° for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. d. Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. 'Bodily injury°to: (1) An employee of the insured arising out of and in the course of: (i) employment by the insured; or (ii) performing duties related to the conduct of the insured's business. (2) The spouse, child, parent, brother or sister of that employee as a consequence of(1)above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. f. °Property damage°to (1) A°waste facility° to which waste from the operations of an insured is consigned; (2) Property you own, rent, or occupy now or at any time in the past; (3) Premises you sell, give away or abandon, if the 'property damage° arises out of any part of those premises; (4) Property loaned to an insured; or (5) Personal property in care, custody or control of an insured. Paragraph (2) of this exclusion f. does not apply to °preventive remedial expense° at property you own, rent or occupy now. g. "Bodily injury° at or from a 'waste facility° to which waste from the operation of an insured is consigned. h. °Bodily injury," °property damage° or °preventive remedial expense° arising out of a "pollution incident° at or from a °waste facility'which is on °your office premises." i. 'Bodily injury° or'property damage° included within the °products-completed operations hazard.° SB300176C (Ed. 04/14) Page 8 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. SB300176C (Ed. 04/14) j. "Bodily injury" or °property damage° arising out of the ownership or operation of any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 1978 or the Clean Water Act of 1977 as amended 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as may be amended. k. "Bodily injury" or "property damage° arising out of heat, smoke or fumes from a hostile fire at any premises, site or location which is or was at any time owned or occupied by or rented or loaned to any insured. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. I. °Bodily injury" or °property damage° arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto," rolling stock or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and °loading or unloading." This exclusion does not apply to'bodily injury"or"property damage' arising out of parking an "auto"on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured. m. °Bodily injury" or °property damage° arising out of the emission, discharge, release or escape of drilling fluid, oil, gas or other fluids from any oil, gas, mineral, water or geothermal well. n. "Bodily injury," "property damage° or"preventive remedial expense" arising out of a °pollution incident" which results from or is directly or indirectly attributable to failure to comply with any applicable statute, regulation, ordinance, directive or order relating to the protection of the environment and promulgated by any governmental body, provided that failure to comply is a willful or deliberate act or omission of: (1) The insured; or (2) You or any of your members, partners, executive officers or managers of limited liability companies. o. °Bodily injury," "property damage° or°preventive remedial expense°arising out of acid rain. p. Any loss, cost or expense arising out of any request, demand or order by a governmental authority that any insured or others test for, monitor, clean-up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of °pollutants° at any site which is included on an EPA or state environmental agency priority clean-up list prior to the °pollution incident.° q. °Bodily injury,° °property damage° or "preventive remedial expense" arising out of a °pollution incident" which results from failure of air or waste water pollution control equipment. 0 r. °Bodily injury," "property damage" or "preventive remedial expense" resulting from the "hazardous properties° of°nuclear material.° As used in this exclusion: °Hazardous properties" includes radioactive, toxic, or explosive properties; °Nuclear material" means "source material," °special nuclear material,' or°by-product material"; °Source material," °special nuclear material," and °by-product material" have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof. s. °Bodily injury,' "property damage" or °preventive remedial expense" arising out of a "pollution incident" from any insured's premises that was used by that insured for the storage, disposal, processing or treatment of waste materials and was: (1) Sealed off, closed, abandoned or alienated prior to the effective date of this policy; or (2) Sealed off or closed subject to statute, ordinance or governmental regulation or directive requiring maintenance or monitoring during or after sealing off or closure. t. "Bodily injury," "property damage°or"preventive remedial expense" arising out of waste derived from medical services, procedures, testing or research, and which could potentially transmit disease. SB300176C (Ed. 04/14) Page 9 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. SB300176C (Ed. 04/14) u. Any multiple damages, °punitive or exemplary damages° or fines or penalties. However, if a °suit° is brought against the insured with respect to a claim for acts or alleged acts falling within the coverage hereof, seeking both compensatory and °punitive or exemplary° damages, then we will afford a defense to such action, without liability for such "punitive or exemplary damages." This exclusion does not apply to °suits° brought in the state of Texas. v. 'Bodily injury,° "property damage° or°preventive remedial expense' arising out of: (1) the actual, alleged or threatened exposure at any time to asbestos or any loss, cost, or expense that may be awarded or incurred by reason of a claim or °suit° for such injury or damage; or (2) complying with a governmental direction or request to test for, monitor, clean-up, remove, contain, or dispose of asbestos. Asbestos means the mineral in any form whether or not the asbestos was at any time: (1) Airborne as a fiber, particle, or dust; (2) Contained in or formed a part of a product, structure, or other real or personal property; (3) Carried on clothing; (4) Inhaled or ingested; or (5) Transmitted by any other means. w. °Bodily injury°or"property damage°arising out of: (1) The transportation of °mobile equipment" by °auto° owned or operated by or rented or loaned to any insured; or (2) The use of °mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. x. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of°pollutants.° However, this exclusion does not apply to liability for damages because of 'property damage° that is not otherwise excluded by this coverage, Office Premises Limited Pollution Coverage, unless the request, demand, order or statutory or regulatory requirement or claim or °suit° is solely by or on behalf of a governmental authority. C. Paragraph 2.b.(1 of Medical Expenses,of SECTION A. Coverages is deleted and replaced by the following: (1) Expenses incurred by the insured for first aid to others at the time of a °pollution incident" for °bodily injury° to which this insurance applies. D. SECTION C.WHO IS AN INSURED is amended as follows: 1. The following subparagraph d.is added to paragraph 4. of SECTION C.WHO IS AN INSURED: d. Coverage 4.,Office Premises Limited Pollution Coverage,does not apply to °bodily injury° or °property damage"arising out of°pollution incidents°that occurred before you acquired or formed the organization. 2. The following additional paragraph is added at the end of SECTION C.WHO IS AN INSURED: No person or organization identified as an insured on any endorsement now or hereafter attached to this Coverage Part is an insuredwith respect to COVERAGE 4., Office Premises Limited Pollution Coverage, unless that endorsement specifically references Office Premises Limited Pollution Coverage by name. SB300176C (Ed. 04/14) Page 10 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • S8300176C (Ed. 04/14) E. SECTION D. Liability And Medical Expenses Limits Of Insurance is deleted and replaced by the following: LIMITS OF INSURANCE 1. The Limits of Insurance described in this endorsement's Schedule of Limits for Office Premises Limited Pollution Coverage, and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or°suits" brought; or c. Persons or organizations making claims or bringing "suits." 2. The Pollution Liability Aggregate Limit is the most we will pay for all damages because of all "bodily injury° and °property damage° directly resulting from all °pollution incidents° to which Office Premises Limited Pollution Coverage applies. 3. Subject to 2. above, the Each Pollution Incident Limit shown in the Schedule is the most we will pay for the sum of all damages because of °bodily injury° and °property damage° directly resulting from any one "pollution incident"to which Office Premises Limited Pollution Coverage applies. 4. The Limits of Insurance of this Office Premises Limited Pollution Coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. 5. The Limits of Insurance for this Office Premises Limited Pollution Coverage are separate from and not subject to the General Aggregate Limit for COVERAGE 1.Business Liability. 6. The Limits of Insurance for this Office Premises Limited Pollution Coverage shall not be amended by any endorsement attached to this policy which does not specifically reference Office Premises Limited Pollution Coverage. F. SECTION E. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS is amended as follows: 1. Condition 2.a. is replaced by the following: 2. Duties In The Event of Pollution Incident,Claim or Suit. a. You must see to it that we are notified as soon as practicable of a "pollution incident" that may result in a claim. To the extent possible, notice should include: (1) How, when, and where the °pollution incident"took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any release, and of any injury or damage arising out of the °pollution incident.' N 2. The following Condition is added: Remediation of Insured's Premises a. Except for °preventive remedial expense° as described in paragraph 4.a.(2) of SECTION A. COVERAGES, this policy's Office Premises Limited Pollution Coverage doesn't provide coverage for clean-up of °your premises.° If a °pollution incident" happens on "your premises" that poses imminent and substantial danger of "bodily nju ° or ° rty g 9 y i 1 ry grope dama a to which this insurance applies, you must promptly take at your own expense all reasonable steps to curtail or prevent covered °bodily injury° or °property damage"from happening. b. If, in defiance of the intent of this policy, we are ever compelled by court or governmental order to pay to clean up part or all of°your premises,°you agree to reimburse us for all such costs. SB300176C (Ed, 04/14) Page 11 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. SB300176C (Ed. 04/14) G. SECTION H. OTHER INSURANCE of the Businessowners Common Policy Conditions is amended to add the following paragraph 4.: 4. This condition does not apply to coverage afforded under Insuring Agreement a.(2) of Coverage 4. Office Premises Limited Pollution Coverage. H. SECTION F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS is amended to include the following definitions: "Commences during the policy period" means that the first emission, discharge, release or escape of the "pollutant" or °pollutants° from which the °bodily injury° or "property damage° arises is demonstrable as having occurred during this policy period. "Pollution incident" means the emission, discharge, release, or escape of °pollutants," provided that such emission, discharge, release, or escape results in the injurious presence of °pollutants" in or upon land, the atmosphere, interior of a building or any water course, body of water or ground water. A series of related emissions, discharges, releases or escapes of°pollutants"will be deemed to be one 'pollution incident.° "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Preventive remedial expense" means expenses incurred by you for the removal or neutralization of "pollutants° on °your office premises,"directly resulting from a covered °pollution incident." "Punitive or exemplary damages" means those damages imposed to punish a wrongdoer and to deter others from "similar conduct. "Waste facility" means any site to which waste is delivered for storage, disposal, processing or treatment, whether or not such site is licensed by a governmental authority to perform such storage, disposal, processing or treatment. "Your office premises" means °locations° you own, rent or occupy for general office purposes. °Your office premises° does not mean storage yards, nor land held for speculation or development, even if such yards or land adjoin your office building. °Your office premises° does not mean premises you live in. For the purpose of this definition, "location° means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad. All other terms and conditions of the Policy remain unchanged. SB300176C (Ed. 04/14) Page 12 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. HVENG-1 OP ID: LV '4 ,Cr CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/04/2016 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 CONTNAME: Kevin Kevin G. Rabourn The Rabourn Company,Inc. PHONE FAX 11400 S.E.8th Street,STE 220 (A/C,No,Eat):425-688-8600 (A/C,No): 425-688-9251 Bellevue,WA 98004 E-MAIL ADDRESS: RECEIRECEIVED INSURER(S)AFFORDING COVERAGE NAIC# VED�/ (� INSURER A:Continental Casualty Company INSURED H.V. Engineering, Inc. INSURER B: 7100 Linden Ave N.,Ste 1 MAR 0 7 2016 INSURER C: Seattle,WA 98103 INSURER D: City of Bremerton INSURER E: Risk Management INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ $ POLICY JFCPROT- LOC THE RAB911RN COMPANY MAI4C3 NO AUTOMOBILE LIABILITY REPRESENTATION THAT THESE COVERAGES Ea accident;INGLE LIMIT — $ ANY AUTO NON PLY WITH OR FULLY SATISFY ANY BODILY INJURY(Per person) $ ALL OWNED SCHEDULED NSURANCE OR INDEMNITY REQUIREMENTS BODILY INJURY(Per accident) $ AUTOS AUTOS IN ANY CONTRACT,WRITTEN OPAL OR IMPLIED NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS JPER ACCIDENT) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED , RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional AEH113962922 03/13/2016 03/13/2017 Per Claim 2,000,000 Liability Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Evidence of Insurance. CLAIMS Made. Deductible $10,000. CERTIFICATE HOLDER CANCELLATION CITYO90 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 345 6th Street,Ste.600 A TM*"EEO RE' ES T VE Bremerton,WA 98337 I ! 11 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD