Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
5726
PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Northwest Corrosion Engineering ("Contractor"), whose mailing address is 10995 Warfield Road, Sedro-Wooley, WA 98284. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the services described in the proposal from Northwest Corrosion Engineering dated July H, 2016, which is Attachment B. 2. TIME OF COMPLETION. Contractor shall complete the work within 180 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The total contract amount is $23,952. The City shall pay the Contractor $21,952, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. An additional $2,000 has been designated for contingency and sales tax. Contingency shall use only upon written authorization by the City. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the owner retain the final ten percent (10%) of the Contract amount for a period of forty- five (45) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. See previous paragraph C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement, and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL Public Works Agreement August 2017 City of Bremerton/Northwest Corrosion Engineering Page 1 of 7 CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub -contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub -contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is -attached as Attachment A. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order Public Works Agreement August 2017 City of Bremerton/Northwest Corrosion Engineering Page 2 of 7 work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. C. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). Public Works Agreement August 2017 City of Bremerton/Northwest Corrosion Engineering Page 3 of 7 E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts fonn the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from =the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, 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 injuries and damages caused by the City's sole negligence. . The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that 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 Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY Public Works Agreement August 2017 City of Bremerton/Northwest Corrosion Engineering Page 4 of 7 UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: 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 $2,000,000 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); and employer's liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's 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 6`" Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. Public Works Agreement August 2017 City of Bremerton/Northwest Corrosion Engineering Page 5 of 7 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub -contract hereunder, the Contractor, its sub -contractors, or any person acting on behalf of such Contractor or sub -contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assi ng_ ment.. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. Public Works Agreement August 2017 City of Bremerton/Northwest Corrosion Engineering Page 6 of 7 J. Severability. If any one or more sections, sub -sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR Digitally signed by Jeremy Hailey Jeremy HaileyDNc=jere y@nwey,oion email=Jeremy@nwcorrosion.com, c=US _ Date: 2017.08.16 16:50:05 -07'00' (Signature) Jeremy Hailey (Printed Name) Owner (Title) _8/16/17 (Date) Notices to be sent to: NORTHWEST CORROSION ENGINEERING: 10995 Warfield Road Sedro-Wooley, WA 98284 (360) 826-6321 (facsimile) APPROVED AS TO FORM: City Att ne THE CITY O REMERTON (Signature) Chal Martin (Printed Name) PW & U Director (Title) (Date) Notices to be sent to: CITY OF BREMERTON: 345 Sixth Street Bremerton, WA 98310 (360) 473-5161 (facsimile) ATTEST: _ju�� ' City Clerk Public Works Agreement August 2017 City of Bremerton/Northwest Corrosion Engineering Page 7 of 7 ATTACHMENT A PREVAILING WAGE RATES This page left intentionally blank 8/16/2017 abouttlank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 8/16/2017 County Trade Job Classification Wage HolidayOvertimeR Note Kitsap Laborers Air, Gas Or Electric Vibrating $45.25 7A 31 Screed Kitsap 'Laborers Airtrac Drill Operator $46.66 7A 31 Kitsap Laborers Ballast Regular Machine $45.25 7A 31 Kitsap Laborers Batch Weighman $38.36 7A 31 Kitsap Laborers Brick Pavers $45.25 7A 31 Kitsap Laborers Brush Cutter $45.25 7A 31 ----. --- --_- Kitsap Laborers Brush Hog Feeder $45.25 7A 31 Kitsap Laborers Burner $45.25 7A 31 Kitsap Laborers Caisson Worker $46.66. 7A 31 Kitsap Laborers Carpenter Tender $45.25 7A 31 Kitsap Laborers Caulker $45.25 7A 31 Kitsap Laborers Cement Dumper -paving $46.09 7A 31 Kitsap Laborers Cement Finisher Tender $45.25 7A 31 Kitsap Laborers Change House Or Dry Shack $45.25 7A 31 Kitsap Laborers Chipping Gun (under 30 Lbs.) $45.25 7A 31 Kitsap Laborers- Chipping Gun(30 Lbs. And Over) $46.09 7A 31 Kitsap Laborers Choker Setter $45.25 7A 31 Kitsap Laborers Chuck Tender $45.25 7A 31 Kitsap Laborers Clary Power Spreader $46.09 7A 31 Kitsap Laborers Clean-up Laborer $45.25 7A 31 Kitsap Laborers Concrete Dumper/chute Operator ` $46.09 7A 31 Kitsap Laborers Concrete Form Stripper $45.25 7A 31 Kitsap Laborers Concrete Placement Crew $46.09 7A 31 Kitsap Laborers Concrete Saw Operator/core $46.09 7A 31 Driller Kitsap Laborers Crusher Feeder $38.36 7A 31 Kitsap Laborers Curing Laborer $45.25 7A 31 Kitsap Laborers Demolition: Wrecking tt Moving $45.25 7A 31 (incl. Charred Material) Kitsap Laborers Ditch Digger $45.25 7A 31 Kitsap Laborers Diver $46.66 7A 31 about:blank 1/4 8/16/2017 about:blank iKitsap Laborers Drill Operator $46.09 7A 31 1, (hydraulic, diamond) !Kitsap Laborers Dry Stack Walls $45.25 7A 31 . Kitsap Laborers :Dump Person $45.25 7A 31 ' Kitsap Laborers Epoxy Technician $45.25 7A 31 Kitsap Laborers : Erosion Control Worker $45.25 7A 31 ; +Kitsap Laborers Faller Et Bucker Chain Saw $46.09 7A 31 Kitsap Laborers 'Fine Graders $45.25 7A 31 Kitsap Laborers ' Firewatch $38.36 7A 31 i I Kitsap Laborers ; Form Setter $45.25 7A 31 jKitsap Laborers 'Gabian Basket Builders $45.25 7A 31 Kitsap Laborers General Laborer $45.25 7A 31 Ntsap Laborers Grade Checker Et Transit Person $46.66 7A 31 ;Kitsap Laborers Grinders $45.25 7A 31 Kitsap Laborers Grout Machine Tender $45.25 7A 31 Kitsap Laborers Groutmen (pressure)including $46.09 7A 31 Post Tension Beams Kitsap Laborers Guardrail Erector $45.25 7A 31 j Kitsap Laborers Hazardous Waste Worker (level A) $46.66 7A 31 Kitsap Laborers Hazardous Waste Worker (level B) $46.09 7A 31 KitsapLaborers Hazardous Waste Worker level C ( ) $ 45.25 7A 31 _ Kitsap Laborers High Scaler $46.66 7A 31 Kitsap Laborers Jackhammer $46.09 7A 31 Kitsap Laborers Laserbeam Operator $46.09 7A 31 _ Kitsap Laborers Maintenance Person A _ _ _ . 45.25 7A 31 ' Kitsap Laborers Manhole Builder-mudman $46.09 7A 31 Kitsap Laborers Material Yard Person $45.25 7A 31 Kitsap Laborers Motorman -dinky Locomotive $46.09 7A 31 Kitsap Laborers Nozzleman (concrete Pump, $46.09 7A 31 Green Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bla Kitsap Laborers Pavement Breaker, $46.09 7A 31 Kitsap Laborers Pilot Car $38.36 7A 31 Kitsap Laborers Pipe Layer Lead $46.66 7A 31 Kitsap Laborers Pipe Layer/tailor $46.09 7A 31 Kitsap Laborers Pipe Pot Tender. $46.09 7A 31 Kitsap Laborers Pipe Reliner $46.09 7A 31 Kitsap 'Laborers Pipe Wrapper $46.09 7A 31 'Kitsap Laborers Pot Tender $45.25 7A 31 Kitsap Laborers Powderman $46.66 7A 31 Kitsap Laborers Powderman's Helper - . r $45.25 7A 31 Kitsap _ Laborers Power Jacks $46.09 7A 31 Kitsap Laborers Railroad Spike Puller - Power $46.09 7A 31 Kitsap Laborers Raker - Asphalt $46.66 7A 31 Kitsap Laborers Re-timberman $46.66- 7A 31 abouttlank 2/4 8/16/2017 Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap ! Laborers Kitsap Laborers Kitsap Laborers Kitsap 'Laborers Kitsap Laborers Kitsap Laborers Kitsap ! Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers Kitsap Laborers about:blank about:blank Remote Equipment Operator 1 $46.09 7A 31 Rigger/signal Person $46.09 7A 31 Rip Rap Person $45.25 7A 31 Rivet Buster I $46.09 7A 31 Rodder $46.09 7A 31 Scaffold Erector --------- $45.25 --------- 7A 31 Scale Person $45.25 7A 31 Sloper (over 20") $46.09 7A 31 Sloper Sprayer j $45.251 7A 31 Spreader (concrete) $46.09 7A 31 Stake Hopper - - $45.25 - - 7A 31 Stock Piler $45.25 7A 31 Tamper Et Similar Electric, Air ft $46.09 7A 31 Gas Operated Tools _ Tamper (multiple Et Self- $46.09 7A 31 propelled) Timber Person - Sewer (lagger, $46.09 7A 31 Shorer Et Cribber) Toolroom Person (at Jobsite) $45.25 7A 31 Topper $45.25 7A 31 Track Laborer $45.25 7A 31 Track Liner (power) $46.09 7A 31 Traffic Control Laborer $41.02 7A 31 8R Traffic Control Supervisor $41.02 7A 31 8R Truck Spotter $45.25 7A 31 Tugger Operator _ $46.09 7A 31 _ Tunnel Work -Compressed Air $83.12 7A 31 80 Worker 0-30 psi Tunnel Work -Compressed Air $88.15 7A 31 Worker 30.01-44.00 psi Tunnel Work -Compressed Air $91.83 7A 31 8 Worker 44.01-54.00 psi 'Tunnel Work -Compressed Air $97.53 7A 31 80 Worker 54.01-60.00 psi Tunnel Work -Compressed Air $99.65 7A 31 Worker 60.01-64.00 psi - Tunnel Work -Compressed Air $104.75 7A 31 88 Worker 64.01-68.00 psi Tunnel Work -Compressed Air $106.65 7A 31 8 Worker 68.01-70.00 psi Tunnel Work -Compressed Air $108.65 7A 31 88 Worker 70.01-72.00 psi Tunnel Work -Compressed Air $110.65 7A 31 80 Worker 72.01-74.00 psi Tunnel Work-Guage and Lock $46.76 7A 31 8 Tender Tunnet Work -Miner $46.76 7A 31 Vibrator $46.09 7A 31 Vinyl Seamer $45.25 7A 31 Watchman $34.86 7A 31 314 8/16/2017 aboutblank Kitsap Laborers Welder $46.09 7A 31 Kitsap Laborers Well Point Laborer $46.09, 7A 31 Kitsap Laborers Window Washer/cleaner $34.86 7A 31 aboutblank 4/4 ATTACHMENT B SCOPE OF WORK AND BUDGET This page left intentionally blank July 24, 2017 ry orthwest Corrosion Engineering Mr. William Davis, P.E. 10995 Warfield Road, Sedro-Woolley, WA 98284 City of Bremerton Phone: (360) 826-4570 Fax: (360) 826-6321 3027 Olympus Drive Bremerton, WA 98310 SUBJECT: Reservoir Cathodic Protection Installation, Checkouts, and Coating Evaluation Proposal Mr. Davis, Northwest Corrosion Engineering appreciates the opportunity to provide you with this proposal to completed multiple tasks associated with reservoir corrosion control and coating evaluation. Specific work included with this proposal includes: SCOPE I. Provide drawings and specifications for a galvanic anode cathodic protection system. The design shall provide corrosion control to the internal submerged surfaces of Reservoir 21 for a minimum of 15 years. The design will include catalog cuts of materials that will be used for the installation. All cathodic protection materials in contact with the reservoir water will be NSF -61 rated. 2. Supply labor, equipment, materials, and installation of the designed cathodic protection system. NOTE: The 5 -inch diameter handholes and '/z -inch diameter clevis assembly support holes will be drilled by others during the coating application work. NWCE will provide the City of Bremerton with an anode layout plan for drilling purposes. 3. After the reservoir has been filled, complete a system checkout and provide a commission report to the City. The report will include all commissioning data, data analysis, installation photographs, conclusions, and recommendations for continued proper operation. 4. Complete a one-year inspection of the Reservoir 21 cathodic protection equipment. 5. Perform an external coating evaluation for Reservoir 19. Provide a report detailing the results of our findings. 6. Verify operating condition of external piping cathodic protection system installed at Reservoir 23. Provide a report detailing the results of our analysis. BUDGET 1. Reservoir 21 Design, installation, and testing: $7,700 2. Reservoir 21 Materials: $10,252, not including WSST 3. Reservoir 19 Coating evaluation and report: $2,000 4. Reservoir 23 Piping CP testing and report: $2,000 5. Estimated Total: $21,952 Page 1 of 2 July 2017 City of Bremerton All work associated with this proposal will be completed by Registered Professional Engineer (WA) and NACE Certified Cathodic Protection Specialist. Please feel free to contact our office if you have any questions or would like any additional information. Sincerely, Northwest Corrosion Engineering Jeremy A. Hailey, P.E. Page 2 of 2 { Certification of Compliance with Wage Payment Statutes The undersigned bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any. provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. "I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: � Date: P lnt Name and itle; p Location or Place executed: (city, State) (Q Check One: Individual Cl Partnership ❑ Joint Venture ❑ Corporation ❑ �J\ng�o %ue✓�be r ✓_�_C State of Incorporation, or if not a corporation, State where business entity was formed: Wry S If a co -partnership, give firm name, under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. END OF BID FORMS ACORHDATE CERTIFICATE OF LIABILITY INSURANCE (MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 01/07/2019 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 rit a}It holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Molly Saben Wycoff Insurance Agency Inc. PHONE NIJ Ext): (360) 336-2112 FAX No : (360) 336-5241 501 South 2nd Street E- AIL ADDRESS: MollyS@wycoffinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # P. 0. BOX 1010 Mount Vernon ;iiy Oi rernerit:i; WA 98273INSURER A Ohio Security Insurance Co. 24082 INSURED tsk h7innapeni � INSURER B : The Ohio Casualty Insurance Co. 24074 Northwest Corrosion Engineering INSURER C : LANDMARK AMERICAN INS CO PO BOX 905 INSURER D : INSURER E : MED EXP (Any one person) $ 15,000 Burlington WA 98233 INSURER F: COVERAGES CERTIFICATE NUMBER: 19-20ALL 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. ILTR TYPE OF INSURANCE AUULjbUk5K INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE F_x] OCCUR PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 A BKS57099885 01/21/2019 01/21/2020 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PROJECT X LOC PRODUCTS - COMP/OPAGG $ 2,000,000 LEXE $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ ANY AUTO A OWNED X SCHEDULED AUTOS ONLY AUTOS BAS57099885 01/21/2019 01/21/2020 BODILY INJURY (Per accident) $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE Per accident $ Underinsured motorist $ X UMBRELLA UAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS UAB US057099885 01/21/2019 01/21/2020 AGGREGATE $ 2,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? ❑ N I A E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under Cr f TIC"i C` DISEASE -POLICY LIM!T $ PROFESSIONAL LIABILITY - EACH CLAIM $2,000,000 C CLAIMS MADE LHR836367 12/15/2018 12/15/2019 AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) CITY OF BREMERTON, ITS OFFICIALS, EMLOYEES, AGENTS AND VOLUNTEERS ARE ADDED AS ADDITIONAL INSUREDS PER ATTACHED FORM CG8810 04/13 AND CA8810 01/10. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY AND A WAIVER OF SUBROGATION EXISTS IN FAVOR OF CERTIFICATE PER SAME FORMS ATTACHED. Co A-} '+ c'+ I'S �x PI c d CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF BREMERTON ACCORDANCE WITH THE POLICY PROVISIONS. 3027 OLYMPUS DR AUTHORIZED REPRESENTATIVE BREMERTON WA 98310 -� ma, , (1,(/ < ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD b• The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner, A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 2. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.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, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND S 1. Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section 11— Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injurycaused in wh " ole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or CG 8810 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or C. The maintenance, operation or use b p y you of equipment rented or leased to you by such^persoh organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties in the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 includes hted material of Insurance Services Office 2. .With respect to the nsu an a provided by this endorsement,[ th, with e followPage 4 of 8 following are added to Par + Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liabilityraph 2. This insurance does not apply to: a• "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. C. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that ins, "occurren" which caused the "bodily injury" uredif the or "property damage", or the offense which cace used the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies_ to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. CG 88 10 0413 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rehtal contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether pri which the additional insured has been added mary, excess, contingent or on any other basis for as an additional insured on other policies. I• ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal land advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her ,employment or performing duties related to the conduct of your business, or to your other volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage forrovidin health care services is not otherwise excluded by separate endorsement, this prov s onessional (Paragraph (d)) does not apply. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Paragraphs (a) and (b) above docOPYrighnot apply ted Ito Insurance bodily i jury" orpce, Inc., with its g "personal and advertising injury" caused "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means by an t 6 of 8 the - �,�-- . iw- lcaNulmlumues assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal over any other valid and collectable insurance av and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substance The coverage provided by provision J. is excess oailabls. e s. your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section Il - Who Is An Insured is replaced by the following: will qualify as a Named Insured if there is no other similar insurance available to that orga3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, However: nization. a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury, or "property damage" that occurred before you acquired or formed the organization; and C. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d• Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "ocicurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section If - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "sui "employee". ts" shall have received such notice from the agent, servant or N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O• BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3• "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. CG 8810 0413 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is repl c following: ed b the • Y a. Expected Or Intended Injury "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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO CONTRACT OR AGREEMENT WITH YOU US — WHEN REQUIRED IN A Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization 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 in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. CG 8810 0413 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 ©Regional Companies Group