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HomeMy WebLinkAbout5568 AGENDA BILL CITY OF BREMERTON 5D CITY COUNCIL SUBJECT: Study Session Date: September 11, 2019 Contract Modification No. 1 to the COUNCIL MEETING Date: September 18, 2019 Professional Services Agreement with Department: Public Works Peripheral Vision Communications d/b/a Presenter: Melinda Monroe FIFO Networks, Inc. for Lease Site and Phone: (360) 473-5306 Water Utility Communications Assistance SUMMARY: Beginning in 2014, the City of Bremerton entered into an agreement with Peripheral Vision Communications to provide: recommendations regarding the land valuation and use; recommendations on easement purchases; review and recommendations of water system communications; review and recommendations on site lease agreements. The City of Bremerton would like to continue to utilize Peripheral Vision Communications for on-going site lease activities and water system communications. ATTACHMENTS: 1) Peripheral Vision Communications, d/b/a/ FIFO Networks, Inc. Professional Services Amendment 2) Exhibit B - Schedule of fees 3) Original Contract FISCAL IMPACTS (Include Budgeted Amount): The total contract not to exceed amount is $30,000. The contract has a balance remaining of$9,113 rolled over from the original not to exceed amount of$24,500. There is no impact to the 2019 budget and the increase of$5,500 is included in the 2020 budget. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Peripheral Vision Communications d/b/a FIFO Networks, Inc. for the Site Lease and Water Utility Land use consultancy; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 PROFESSIONAL SERVICES AGREEMENT Lease Site and Water Utility Communications The City of Bremerton ("City") and Peripheral Vision Communications ("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 January 1, 2016, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H 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 and terminates June 30, 2017 unless terminated earlier per section IX. 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. Extensions may be negotiated, per the terms and conditions of this agreement, upon mutual agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $24,500. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B 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 B. 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 B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other 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, Engineers and Any Other Professional Listed In and Performing 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 Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 2 of 7 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. 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 Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability 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 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 3 of 7 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. 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`h 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 Maple Valley, 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 Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 4of7 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. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Maple Valley, 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 Agreement: 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. G. Severability: 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 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 Consultant Address City Clerk Bob Young City of Bremerton Peripheral Vision Communications, Inc. 345 6d' Street, Suite 600 23410 SE 242"d Street Bremerton, WA 98337-1873 Maple Valley, WA 98038 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. Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 5 of 7 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. Assignment: 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 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 I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable 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, 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. Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 6 of 7 B. Rights 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. CITY OF BREMERTON Approved as to form: Bremerton City Attorney R:\Legal\Legal\Contracts\FORMS\Professional Services Agreement Form (2016).doc Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 7 of 7 PERIPHERAL VISION COMMUNICATIONS, INC. ,1, `Y� By: tYor3 yotr ffG- its: 0'�A i�S/ /,? E /V i Date: WA 2-1/2- 0 / � Attest: City Clerk EXHIBIT A Scope of Work Lease Site and Water Utility Communications Assistance April 1, 2016 Background: The City of Bremerton has a number of existing commercial communications site leases located within its Water Utility forest lands and within the urban area of Bremerton that generate revenue for both Water and General fund functions. Additional sites may also have the potential for development of electronic communications facilities. The City's Water Utility also operates SCADA communications for its water system via wireless communications, leased telephone lines, and fiber optic systems. The City wishes to take full advantage of both existing and potential commercial communication lease sites, as well as maintaining and improving its own communication system. It is recognized by the City that assistance in the form of technical and commercial valuation expertise is needed to accomplish these goals. City staff has worked previously with Peripheral Vision Communications and is confident that this company has the knowledge and ability to assist the City in this area. Deliverables: It is recognized by the City that occasional assistance will be required by the Consultant in, but not limited to, the following areas: 1. Review and recommendations on individual lease agreements 2. Review and recommendations regarding compensation for commercial leases 3. Review and recommendations on offers of easement purchase 4. Technical review of proposals 5. Review and recommendations on water system communications 6. General review of the City's communication site lease program and recommendations for improvement The above deliverables will be requested on a will -call basis by the City. Responses to City requests shall be in writing and delivered within a mutually agreeable time. EXHIBIT B Fee Schedule Lease Site and Water Utility Communications Assistance April 1, 2016 Basic Compensation: For the Scope of Work described in Exhibit A, Consultant shall be compensated as follows: A. Services approved by the City shall be paid for on a time and materials basis according to the following schedule: Hourly Rate $165.00/hour Mileage Standard Rate/mile as set by the IRS B. Total compensation, including mileage, shall not exceed $24,500 during the term of this agreement. C. Consultant shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process claim for payment. Out of Scope Services: Any out -of -scope services approved by the City shall be paid for on a time and materials basis according to the above schedule. AMERICAN CASUALTY COMPANY OF READING, PA P.O. BOX 946350 MAITLAND FL 32794-6350 NOTICE OF CANCELLATION OF INSURANCE Named Insured & Mailing Address: PERIPHERAL VISION COMMUNICATIO 23410 SE 242ND ST MAPLE VALLEY WA 98038 Policy No.: 4012242141 Type of Policy: CNA CONNECT Date: 08/22/2016 Producer: 0500750160000 CS&S/ BELL -ANDERSON AGENCY INC. 600 SW 39TH ST., SUITE 200 RENTON WA 98057 This notice is a confirmation that the referenced policy was "cancelled flat" on the policy period effective date of 08/22/2016 pursuant to the request by you, your agent or premium finance company or due to your actions as understood by us that you did not want the proposed new or renewal policy. As a result, no coverage was provided for the period noted. A copy of this notice is also being provided to other interested parties if applicable. If you have questions regarding this notice, please contact our Customer Support Center at 877-276-7507. Other Party of Interest 000045 ACCOUNT # 3013084334 CITY OF BREMERTON 100 OYSTER BAY AVE NORTH BREMERTON WA 98312 0 o s s FORM#CFWA oDEN 3.0.16.06a Copy for Other Interests VANESSA PARKER WACF19 08052016MNNY Page 1 of 1 ACC o® CERTIFICATE OF LIABILITY INSURANCE D8 a/�%2o1 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 CCOONNT CT Cindy Slater–Rogers, CISR X, PHONED (425)291-5200 A/C No): Bell Anderson Agency, Inc. 600 SW 39th St, Suite 200 RECEIVEDE-MAIL cind s@bell-anderson.com ADDRESS: y INSURER(S) AFFORDING COVERAGE NAIC # James Hunt/CLS INSURERA:The Hanover Insurance Company HIC Renton WA 98057 AIM 0 4 Z INSURED INSURER B: INSURERC: PERIPHERAL VISION COHMUNICATIONS INC City of Bremerton Risk Management 23410 SE 242ND STREET INSURER D: INSURER E: INSURER F: MAPLE VALLEY WA 98038 COVERAGES CERTIFICATE NUMRERCL168417790 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 TR TYPE OF INSURANCE L U POLICY NUMBER POLICY EFF MM1 POLICY EXP MM/D LIMITS Bremerton, WA 98312 X COMMERCIAL GENERAL LIABILITY James Hunt/CLS EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE OCCUR DAMAGA PREMISES EaE TO TED $ MED EXP (Any one person) $ 10,000 OB2A998213 8/22/2016 8/22/2017 PERSONAL & ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY F-1PRO- JECT F]LOC PRODUCTS - COMP/OP AGG $ 4,000,000 Employee Benefits $ 25,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident NON -OWNED HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE PER STATUTE ERH E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The certificate holder is additional insured for general liability, but only if required by written contract or written agreement. CERTIFICATE HOLDER CANCELLATION milenka.hawkins-bates@ci.b SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works and Utilities Department ACCORDANCE WITH THE POLICY PROVISIONS. Milenka Hawkins -Bates AUTHORIZED REPRESENTATIVE 100 Oyster Bay Ave N Bremerton, WA 98312 James Hunt/CLS ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 0o14nn ACORO" CERTIFICATE OF LIABILITY INSURANCE 55 DAT/ 077/U2/02/22016016 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CE TIFICATE 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 NAME: CS&S/BELL-ANDERSON AGENCY INC. PHONE FAx (A/C,.No, Ext): (A/C. No): PO BOX 946580 r+ RECEIVE® EMAIL ADDRESS: Maitland, FL 32794-6580 INSURER(S) AFFORDING COVERAGE NAIC # 1-877-724-2669 SEP 2 0 7016 INSURER A: American Casualty Co of Reading,PA 20427 INSURED INSURER B: INSURER C: PERIPHERAL VISION COMMUNICATIO City of Bremerton INSURER D: 23410 SE 242ND ST Risk Management MAPLE VALLEY, WA 98038 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. NOTWITHSTANDINGANY 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 LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF MM/DD/YY POLICY EXP MM/DD/YY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 4012242141 08/22/16 08/22/17 EACH OCCURRENCE $ 2 000 000 CLAIMS-MADE X OCCUR DAMAGE TORENTED $ 300 000 PREMISES (Ea occurence) PREMISES MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2 OOU 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 RO- POLICY JECT X LOC PRODUCTS - COMP/OP AGG $ 410-0-0-10-0-0— OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ea accident) $ BODILY INJURY(Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ PROPERTY DAMAGE NON-OWNED HIRED AUTOS AUTOS (Per accident) $ LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ JUMBRELLA EXCESS UAB CLAIMS-MADE DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY WN I STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandator in NH y If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ OTHER PER STATUTE I OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ ' DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach Acord 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 100 Oyster Bay Ave North Bremerton, WA 98312 AUTHORIZED REPRESENTATIVE ':P C -lam.- -ko ACORD 25 (2014/01) ( (AX.,� Z [ t nv I / �, © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD . CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY)6/27/2018 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 Cindy Slater -Rogers, AINS PHONE (425)291-5200 FA A/C No: (425)291-5100 EMI; I Bell Anderson Agency, Inc. ADDRIESS:cindys@bell-anderson.com 600 SW 39th St, Suite 200 INSURERS AFFORDING COVERAGE NAIC # EACH OCCURRENCE $ 2,000,000 INSURERA:Citizens Insuran Of America 31534 Renton WA 98057 INSURED INSURERB: INSURERC: -60 PERIPHERAL VISION INSURERD: COMMUNICATIONS INC 11100 SE PETROVITSKY RD #D105 INSURERS: INSURER F : CI RENTON WA 98055 COVERAGES CERTIFICATE NUMBER:CL1862729909 R: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NA 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I -XI OCCUR OB2A998213 8/22/2018 8/22/2019 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F PRO ❑ LOC JECT OTHER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 PDLL $ 300,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS - COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA I PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The certificate holder is additional insured for general liability, but only if required by written contract or written /agreement. L:9J GtK I RIGA I t HL)LUtK GANGtLLA I IUN milenka.hawkins-bates@ci.b City of Bremerton Public Works and Utilities Department Milenka Hawkins -Bates 100 Oyster Bay Ave N Bremerton, WA 98312 ACORD 25 (2014/01) I NS025 (901401) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C Slater -Rogers, AINS�j ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENDA BILL CITY OF BREMERTON 5D CITY COUNCIL SUBJECT: Study Session Date: September 11, 2019 Contract Modification No. 1 to the COUNCIL MEETING Date: September 18, 2019 Professional Services Agreement with Department: Public Works Peripheral Vision Communications d/b/a Presenter: Melinda Monroe FIFO Networks, Inc. for Lease Site and Phone: (360) 473-5306 Water Utility Communications Assistance SUMMARY: Beginning in 2014, the City of Bremerton entered into an agreement with Peripheral Vision Communications to provide: recommendations regarding the land valuation and use; recommendations on easement purchases; review and recommendations of water system communications; review and recommendations on site lease agreements. The City of Bremerton would like to continue to utilize Peripheral Vision Communications for on-going site lease activities and water system communications. ATTACHMENTS: 1) Peripheral Vision Communications, d/b/a/ FIFO Networks, Inc. Professional Services Amendment 2) Exhibit B - Schedule of fees 3) Original Contract FISCAL IMPACTS (Include Budgeted Amount): The total contract not to exceed amount is $30,000. The contract has a balance remaining of$9,113 rolled over from the original not to exceed amount of$24,500. There is no impact to the 2019 budget and the increase of$5,500 is included in the 2020 budget. STUDY SESSION AGENDA: ❑X Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: I] Consent Agenda E General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Peripheral Vision Communications d/b/a pP 9 p FIFO Networks, Inc. for the Site Lease and Water Utility Land use consultancy; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND PERIPHERAL VISIONS D/B/A FIFO NETWORKS, INC. PROJECT Lease Site and Water Utility Communications Assistance CONSULTANT Peripheral Vision Communications, LLC d/b/a FIFO Networks DATE August 29th, 2019 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and Peripheral Vision Communications, LLC d/b/a FIFO Networks on April 26th, 2016 contract number 5568 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: Section II. Term , is modified as follows: The original contract was to terminate June 30, 2017. The parties agree that the termination date shall be extended via this Contract Modification Agreement to October 31, 2020. Section III. Compensation , is modified as follows: The contract not to exceed amount has been increased by$5,500, for a new not to exceed amount of$30,000. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B, which is incorporated herein by this reference. The previous fee schedule is hereby replaced with this provision. Section VI. Insurance in the original contract is retracted and replaced with the below: 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-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Commercial General Liability 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 Page 1 of 3 Contract Modification Rev. 07/18 operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 2. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an"occurrence"basis except professional liability insurance (if required), which may be provided on a"claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom 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 and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. 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 100, 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. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final 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. Page 2 of 3 Contract Modification Rev. 07/18 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. 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 process Vf Z- i .(Initials and Date) PERIPHERAL VISION THE CITY OF COMMUNICATIONS,LLC d/ BREMERTON b/a FIFO NETWORKS By: L...� - By: 7?,---!!-- --,,, ,---/.r-�-%- Print Nam C,e4.. v4 44.4.1 a r Print Name: Bob Young / Its: M"IOC" "4 Its: President Date: lip 1 til 'Zotot Date: September 23, 2019 ATTEST: APPROVED AS TO FORM: .0,7), i,__,C, P(A(\/(1)--- By.t All ft 0 le. 30 ' OGER A. LUBO H, Bremerton City Attorney ANGELA ASI ODS. City Clerk K:'5' NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Bob Young Melinda Monroe FIFO Networks Contracts Administrator PO Box 497 City of Bremerton Finance Dept. Lincoln City, OR 97367 645 6th Street, STE 100 Bremerton. WA 98337 541-614-0906 or 206-465-2422 360-473-5306 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Re% 07 2018 docx Page 3 of 3 Contract Modification Rev.07/18 Exhibit B: Fee Schedule for Peripheral Vision Communications, LLC d/b/a Fifo Networks Lease Site and Water Utility Communications Assistance September 1, 2019 Per Section III of the Agreement. Consultant shall be compensated for the Scope of Work Described in Exhibit A as follows: 1)Services approved by the City shall be paid for a on a time and materials basis according to the following schedule: Hourly Rate: $200.00/hour Mileage: Standard GSA mileage approved by the IRS 2)Total Compensation, including mileage, shall not exceed $30.000 during the term of this agreement. 3)Consultant shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the completed statement. shall promptly process claim for payment. Out of scope services: Any out-of-scope services approved by the City shall be paid for on a time and material basis according to the above schedule with evidence that the City approved such services. ACORO `,. DATE(MM/DD/YVYY) CERTIFICATE OF LIABILITY INSURANCE 08/07/2019 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(les)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Carol Neely Charlotte Lehto(7324331) PHONE FAX 4270 NE Highway 101 (A/c,No,EXT):541-994-2884 (A/C,No):541-994-2309 E-MAIL Lincoln City OR 97367-5099 ADDRESS: clehto@farmersagent.com INSURER(S)AFFORDING COVERAGE NAIC k INSURED b�` _ 3o,1 1 .INSURER A: Truck Insurance Exchange 21709 �l-�(—JJ�\ '`�] INSURER B. Farmers Insurance Exchange 21652 PERPO BOXI49AL VISION COMM LLC 7 SP 0 INSURER c: Mid Century Insurance Company 21687 INSURER D: INSURER E: LINCOLN CITY OR 97367 - INSURER F: ICOVERAGES CERTIFICATE NUMBER: REVISION NUMBER: j T HIS IS TO CERTIFY THAT THE POLICIES 01 INSURANCE LISTED BELOW HAVE BEEN ISSUED TOME INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY I REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SI lOWN OWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN RR TYPE OF INSURANCE ADDIL WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS INSD (MM/DD/YYYY) (MM/DD/YYYY) X CLAIMS-MADE LLIABILITV EACH OCCURRENCE $ 2,000,00 COMMERCIAL GENERA N rEo j X OCCUR DAMAG[S(I-aE TO Occurrence) f$ PREMISES(E.aOccurrence) 1 75,0001 MED EXP one person C _= Y Y '606701757 06/04/2019 06/04/2020 ERSONALABADV INIURY) $ 2,000,0000K/ GEN 1.AGGREGATE LIMIT APPLIES PLX \�" GENERAL AGGREGATE '$ 4.000.000 , POLICY 1—.I PROJECT IOC I PRODUCTS•COMP/OPAcG $ 2,000,0w OTHER - - _.$ AUTOMOBILE LIABILITY COMBINE.D SINGLE LIMIT i 4 (Ea accident) ' 1 ANY AUTO I BODILY INJURY(Per person) $ OWNED AUTOS r---- SCHEDULED l BOOBY IN $ ' ONLY AUTOS JURY(Per accident) ! HIRED AU TOS NON-OWNED 1 I PROPERTY DAMAGE $ ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR , EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE I I AGGREGATE $ .. I DEC 1 RETENTION$ J ._—. ._...,. ._.._._..... $_. .. .-_ WORKERS COMPENSATION __.__ � � PER T�� OTHER $ ' AND EMPLOYERS'LIABILITY STATUTE ANY PROPRIETOR/PARTNER/ Y/N E,L..EACH ACCIDENT $.m,._..�...., EXECUTIVE OFFICER/MEMBER -- N/A EXCLUDED?(Mandatoryin NH) E.L.DISEASE-EA EMPLOYEE: If yes,describe under DESCRIPTION OF OPERATIONS below E.I..DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 6461 NE NEPTUNE DR,LINCOLN CITY,OR 97367 CERTIFICATE HOLDER CANCELLATION CITY OF BREMERTON 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 345 6TH STREET 61-4, 1 0 0 DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. [AUTHORIZED REPRESENTATIVE Carol Neely BREMERTON WA 98337 . Q ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION.All Rights Reserved 31-1769 11-1S The ACORD name and logo are registered marks of ACORD I POLICY NUMBER:606701757 E4277 2nd Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Effective Date of Change:08/07/2019 Expiration Date:06/04/2020 Change Endorsement No.: 1 Agent: 73-24-331 Named Insured: PERIPHERAL VISION COMM LLC The following item(s): Insured's Name Insured's Mailing Address Policy Number Company Effective/Expiration Date Insured's Legal Status/Business of Insured Payment Plan Premium Determination Additional Interested Parties Coverage Forms and Endorsements Limits/Exposures Deductibles Covered Property/Location Description Classification/Class Codes Rates Underlying Insurance is (are) changed to read {See Additional Page(s)): The above amendments result in a change in the premium as follows: NO CHANGES TO BE ADJUSTED ADDITIONAL PREMIUM RETURN PREMIUM AT AUDIT $ $ Authorized Representative Signature: 91-4277, 2nd Edition 09/02 Includes Copyright material, ©ISO Properties, Inc., with its Page 1 of 2 permission. POLICY CHANGES ENDORSEMENT DESCRIPTION Add Additional Interest and E3306(Waiver of Rights)- Additional Insured-J6840-ED2 Scheduled Person or Organization Primary and Non Contributory City of Bremerton 345 6th Street Bremerton,WA 98337 Location :6461 NE NEPTUNE DR LINCOLN CITY, OR 97367 REMOVAL If Covered Property is removed to a new location that is described on this Policy Change, PERMIT you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each loca- tion bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change: after that, this insurance does not apply at the previous location. 91-4277, 2nd Edition 09/02 Includes Copyright material, ©ISO Properties, Inc.,with its Page 2 of 2 permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER:60670-17-57 44;N FARMERS 16840 2nd Edition INSURANCE ADDITIONAL INSURED - SCHEDULED PERSON OR '- ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name Of Additional Insured Person(s) CITY OF BREMERTON Or Organization(s): Location Of Covered Operation(s): 6461 NE NEPTUNE DR LINCOLN CITY OR 97367 Effective Date Of Endorsement: 108/07/19 If no entry appears above,information required to complete this endorsement will be shown in the Declarations. The BUSINESSOWNERS LIABILITY COVERAGE FORM is amended as follows: A. With respect to the additional insured described in Paragraph B.of th is endorsement,the following exclusions are added to Paragraph 1.Applicable To Business Liability Coverage under Section B.Exclusions: This insurance does not apply to: 1. "Bodily injury"or "property damage"for which the additional insured(s)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 additional insured(s)would have in the absence of the contract or agreement. 2. "Bodily injury"or"property damage"occurring after: a. Your ongoing operations at the location of covered operations other than service maintenance or repairs performed by you or on your behalf have been completed;or b. The portion of your ongoing operation out of which the"bodily injury"or"property damage" arises has been put to its intended use by any person or organization. But in no event shall this insurance apply to"bodily injury"or"property damage"arising out of your operations that were completed prior to the effective date of this endorsement. 3. "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s)or any of its "employees", agents or contractors other than you, except for general supervision by the additional insured(s)of your ongoing operations performed for that additional insured. 4. "Property damage"to: a. Property owned,used or occupied by or rented to the additional insured(s); b. Property in the care custody or control of the additional insured(s) or over which the additional insured(s) exercise physical control;or c. Any work including materials, parts or equipment furnished in connection with such work which is performed for the additional insured by you. J6840-ED2 09-18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2 93-6840 J6840201 B. Section C. Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only to the extent that the additional insured(s)is held liable for "bodily injury" or "property damage" caused in whole or in part by: 1. Your ongoing operations performed for such person or organization at the location designated above; 2. The acts or omissions of your subcontractors acting on"your"behalf on the scheduled project in the performance of your ongoing operations for the additional insured(s)which start and are completed within the effective period of this endorsement;or 3. The acts or omissions of such additional insured(s)in connection with its general supervision of such operations. C. With respect to this endorsement, "wrap up policy" means an Owner or Contractor Controlled Insurance Program providing one or a series of policies designed to cover a specific construction project that insures all of the persons and entities working on such project. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended as follows: A. With respect to the additional insured described in Paragraph B.of this endorsement, Section H.Other Insurance is replaced by the following: H. Other Insurance 1. Prirpry and Nonconutory Insurance The coverage provided to an additional insured under this endorsement shall be primary and noncontributory ONLY to any insurance issued directly to the additional insured if: a. The Named Insured agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis; b. Such written contract or written agreement referenced in a.above was executed prior to the issuance of this endorsement; c. The additional insured designated herein has a policy with an Other Insurance provision making that policy excess;and d. There is no"wrap up policy"in effect for the work performed at the location designated in the Schedule of this endorsement. 2. Excess Insurance If there is other valid and collectable insurance available to the additional insured(s)as an additional insured under other policies covering the work performed at the location designated and described in the schedule of this endorsement,this insurance will be excess over those policies. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. j6840-ED2 09-18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 93-6840 j6840202 A�.TOR�r-.y� DATE(MMIDD/YYYY) T.441.,...---- LlCERTIFICATE OF LIABILITY INSURANCE � -, !../ August 29,2019 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER CONTACT NAME: Hiscox Inc. .. PHONE FAX _ $88 202-3007 ANC,No): 520 Madison Avenue final°'Extt ( )`" ' 32nd Floor ADDRESS:,._ contact(chiscox.com New York,NY 10022 INSURER(S)AFFORDING covERAGE NAICA INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURERB: •30-11 Peripheral Vision Communications,LLC dba FIFO Networks 6461 NE Neptune Drive INSURER C: b , -1-0C f bit, Q G INSURER.: a a Lincoln City OR 97367 tJ 1� l °�U � 1 � �i�� l�� ° INSURER E: JJJ 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 ! A LTR � _. TYPE OF INSURANCE NO WVO_ POLICY NUMBER --� IMO ICY EFT POLICY EXP YYI IMMIODIYYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ .__ MAGE TO RENTED _J CLAIMS-MADE ]OCCUR PPRREM SES M.A.0.9 rQ,�,g�q-$ MED EXP(Any oneperson) $ ___ PERSONAL&ADV INJURY $ _ GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ECT L_I LOG PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILELIABIUTY .... $.,. BODILY JURY(Per cidenl $ _ }CAM81 hIE0 SINGLE LIMIT ANY AUTO I BODILY INJURY Per person) $ _. III OWNED I SCHEDULED (Per ) AUTOS ONLY !___...i AUTOS HIRED i !!NON-OWNED • ,AUTOS ONLY (4 (PerAUTOS ONLY e c dent) $a - • I ... UMBRELLA LIAB OCCUR EACH OCCURRENCE $ I EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION S $ I WORKERS COMPENSATION PER OTH • - IAND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE I INIA I EL EACH ACCIDENT 5 iOFFICERIMEMBER EXCLUDED? ""'""`-"" I(Mandatory In NH) I E L DISEASE EA EMPLOYEE $ I es,describe under -"'- I DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ A Professional Liability Y UDC-4254696-EO-19 08/23/2019 08/23/2020, Each Claim: $1,000,000 Aggregate: $1,000,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace is required) City of Bremerton are listed as an additional insured far work provided from location'6461 NE Neptune Drive-Lincoln City,OR 97367 per the policy terms and condition. CERTIFICATE HOLDER CANCELLATION City of Bremerton 345 6th Street ,S-1"k- 100 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Bremerton WA 98337 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD tette HISCOX Hiscox Insurance Company Policy Number: UDC-4254696-EO-19 Named Insured: Peripheral Vision Communications, LLC dba FIFO Networks Endorsement Number: 3 Endorsement Effective: August 23, 2019 r E5424.1 Blanket Additional Insured Endorsement(PLi In consideration of the premium charged and on the understanding that this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed that the Professional Liability — US Direct Errors and Omissions Insurance policy is amended as follows: 1. In Clause VI. DEFINITIONS, paragraph V., "'You' or 'Your'," is amended to include the following at the end thereof: You or Your shall also include any Additional Insured but only for the Wrongful Acts of those contemplated in paragraphs 1., 2. or 3. of the definition of"'You'or'Your"': 2. The following definition is added to Clause VI. DEFINITIONS: Al-A. Additional Insured means any person(s) or organization(s) with whom You have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Policy, provided the contract or agreement: 1. is currently in effect or becomes effective during the Policy Period; and 2. was executed before the Professional Services from which the Claim arises were performed. 3. In Clause III. EXCLUSIONS, paragraph F. is deleted in its entirety and replaced with the following: F. brought by or on behalf of one Insured against another Insured; provided, however, this Exclusion will not apply to any Claim brought by an Additional Insured in any capacity other than that of an Additional Insured. All other terms and conditions remain unchanged. DPL E5424 CW(02/15) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. AC COR.. DATE (MM/DD/YYYY) CERTIFICATE O_ _F_ LIABILITY INSURANCE 06/03/2020 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15 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). o _ PRODUCER CONTACT NAME: Charlotte Lehto(7324331) PHONE FAx 4270 NE Highway 101 (A/C, NO, ExT): 541-994-2884 (A/C, NO): 541-994-2309 E-MAIL Lincoln City OR 97367-5099 ADDRESS: clehto@farmersagent.com INSURER(S) AFFORDING COVERAGE NAIC N INSURED INSURERA: Truck Insurance Exchange 21709 INSURERB: Farmers Insurance Exchange 21652 YOUNG, ROBERT 11100 SE PETROVITSKY RD APT J3 INSURERC: Mid Century Insurance Company 21687 INSURER D: RENTON WA 98055 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TH E INSURED NAME 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 LTR TYPE OF INSURANCE ADDTL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICYEXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADEOCCUR FX1 1 ' EACH OCCURRENCE i '$ 2,000,000 $ 75,000 DAMAGE TO RENTED PREMISES (Ea Occurrence) MED EXP (Any one person) ''$ 5.000 PERSONAL & ADV INJURY 9 Y N 606701757 05/27/2020 05/27/2021 $ 2,000,000 �•$ GEN'L AGGREGATE LIMITAPPLIES PER: POLICY ❑ PROJECT ❑BLOC GENERAL AGGREGATE 49000,000 $ 2.000,000 PRODUCTS-COMP/OPAGG OTHER: I $ $ 2,000.000' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANYAUTO BODILY INJURY(Perperson) $ C WNEDAUTOS SCHEDULED ONLY AUTOS 606701757 05/27/2020 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Peraccident) $ HIRED AUTOS NON -OWNED ONLY AUTOS ONLY I $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER STATUTE OTHER $ ANY PROPRIETOR/PARTNER/ Y/N EXECUTIVE OFFICER/MEMBER N/A E.L. EACH ACCIDENT $ E,LDISEASE- EAEMPLOYEE EXCLUDED? (Mandatory in NH) L If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) 11100 SE PETROVITSKY RD APT J3, RENTON, WA 98055 CERTIFICATE HOLDER CITY -OF BREMERTON ATTN: RISK MANAGEMEIJ 345 6TH ST STE 100 BREMERTON WA 98337 — CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All Rights Reserved 31-1769 11-15 The ACORD name and logo are registered marks of ACORD A�-«Pry CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 06/03/2020 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HiscoX Inc. PHONE 888 202-3007 FA71 �0 Eal1: ( � fA1C 520 Madison Avenue E-MAIL cont.act@hiscox.com 32nd Floor -ADDRESS; - - New York, NY 10022 INSURERS AFFORDING COVERAGE NAIL a INSURERA: Hiscox Insurance Company Inc 10200 INSURED FIFO Networks 11100 SE Petrovitsky Apt- J308 Renton, WA 98055 INSURER C : INSURER D INSURER E' INSURER F t Cl7VFRAt;FA rFRTIFICATF All IMRFR- DCVICIn NI rw IaaDCD- 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- tNSR LTR TYPE OF INSURANCE I UB POLICYNUMRFR MM0DYIYYYY MM0U YEYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR A p e $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY 11 JECT El LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINEDSIN LEUMIT Ea occide r $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident ( ) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE (Per accideol $ $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION P R TH- AND EMPLOYERS' LIABILITY Y / N STATUTE I ER E-L. EACH ACCIDENT ANYPROPRI ETOR/PARTNER/EXECUTI V E OFFICER/MEMBER EXCLUDED? ❑ NIA $ E-L- DISEASE - EA EMPLOYEE (Mandatory in NH) $ If yes, describe under E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below $ $ 1,000,000 A Professional Liability Y UDC-4497645-EO-20 05/27/2020 05/27/2021 Each Claim: Aggregate: $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Computer system analysis, consulting and implementation CERTIFICATE HOLDER CANCELLATION City of Bremerton - ATTN: Risk Management 345 6th Street, Ste. 100 Bremerton WA 98337 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CONTRACT MODIFICATION AGREEMENT NO. 2 BETWEEN THE CITY OF BREMERTON ANDFIFO NETWORKS PROJECT Lease Site and Water Utility Communications Assistance CONSULTANT:FIFO Networks, Sole Proprietorship DATEDOctober 9th, 2020 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and Peripheral Vision Communications,LLCd/b/a FIFO Networks on April 26th, 2016 contract number 5568 WHEREAS, Peripheral Vision Communications, LLC d/b/a FIFO Networks has re-organizedas a Washington State Sole Proprietorship, FIFO Networks; and WHEREAS, the parties wish to extend the term of this agreement and agree that 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: Section II. Term, is modified as follows: The original contractas amended,was to terminate October 31, 2020. The parties agree that the termination date shall be extendedvia this Contract Modification Agreement toDecember 31, 2021. Section III. Compensation, is modified as follows: The contract not to exceedamount has been increased by $5,000,for a new not to exceed amount of $35,000.Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B, which is incorporated herein by this reference. The previous fee schedule is hereby replaced with this provision. Consultant accepts all requirements of thisContract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final 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 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 Page 1of 2 Contract Modification Rev. 07/18 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. 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 process _________________________ (Initials and Date) PERIPHERAL VISION COMMUNICATIONS THE CITY OF d/b/a FIFO NETWORKS BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Melinda Monroe Contracts Administrator City of Bremerton Finance Dept. 645 6th Street, STE 100 Bremerton, WA 98337 360-473-5306 R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Contract Modification Rev. 07 2018.docx Page 2 of 2 Contract Modification Rev. 07/18 Exhibit B: Fee Schedule for FIFO Networks Lease Site and Water Utility Communications Assistance November 1, 2020 Per Section III of the Agreement, Consultant shall be compensated for the Scope of Work Described in Exhibit A as follows: 1) Services approved by the City shall be paid for a on a time and materials basis according to the following schedule: Hourly Rate: $200.00/hour Mileage: Standard GSA mileage approved by the IRS 2) Total Compensation, including mileage, shall not exceed $35,000during the term of this agreement. 3) Consultant shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process claim for payment. Out of scope services: Any out-of-scope services approved by the City shall be paid for on a time and material basis according to the above schedule with evidence that the City approved such services.