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HomeMy WebLinkAbout6017GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and _Boomtown Services, LLC ("Vendor"), whose mailing address is:15156 NW Hite Center Rd., Seabeck, WA 98380. The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Clean the concrete channel for Pump Station 1 by removing trees, vegetation, soil, and debris: Mobilize all labor and equipment (mini excavator, skid steer and dump trailer), set up Eco blocks and pad to maneuver equipment into concrete culvert (approx. 210.5 ft in length). Use mini excavator to remove blackberry surrounding the area. Remove trees growing in the concrete channels, load trees and brush and haul to designated disposal site. Care will be used when removing trees as to not damage channel bottom. Dewatering discharge will be pumped to vegetated area away from Gorst Creek to prevent sediment laden water from entering the creek. Use skid steer to remove all tree debris, vegetation, and sediment in the channel to the concrete bottom. Sediment removed from the channel will be stock piled in a designated area adjacent to the Pump Station 1 compound. When channel cleaning is completed the contractor will remove the Eco block landing pad, demobilize all equipment off site, and ensure the site is left in an orderly manner. II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 90 calendar days from the date all parties have signed this Agreement. III. COMPENSATION. The City shall pay the Vendor the total amount of $23,135.25, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: A lump sum payment shall be made for services provided as defined in the scope of work and the accepted proposal after completion of the scope of work and upon acceptance of the work by the project manager. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor 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 Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. Page 1 of 8 Goods and Services Agreement Rev. 04/2019 IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor 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 Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. 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 Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City's choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor 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 Vendor'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 Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything Page 2 of 8 Goods and Services Agreement Rev. 04/2019 required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor 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 Vendor'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 Vendor is asserting a schedule change or disruption. 3. The Vendor 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 Vendor's records needed for evaluating the protest. 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. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor 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 Vendor 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 Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VII. CLAIMS. The Vendor 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 Page 3 of 8 Goods and Services Agreement Rev. 04/2019 this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor 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 Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(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. Vendor 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. VIII. WARRANTY. The Vendor 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 from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION. Vendor 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. Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence. The City's inspection or acceptance of any of Vendor'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 Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES 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. Page 4 of 8 Goods and Services Agreement Rev. 04/2019 X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. 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 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; and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. 8/26/2019 E. Workrs 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 Vendor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall 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 Vendor and a copy of the endorsement naming the City as 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. The Vendor'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 Vendor'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 Vendor to advise the City's Risk Manager by fax at (360) 473-5161, or by certified Page 5 of 8 Goods and Services Agreement Rev. 04/2019 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 required 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. XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor's Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non -Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. F. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. G. Prevailing Wages. Vendor shall file a "Statement of Intent to Pay Prevailing Page 6 of 8 Goods and Services Agreement Rev. 04/2019 Wages" with the State of Washington Department of Labor & Industries prior to commencing the contract work. Vendor 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. H. Work Performed at Vendor's Risk. Vendor 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 Vendor's own risk, and Vendor 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. I. 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 Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. J. Attorney's Fees. 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 IX of this Agreement. K. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, 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 in this Agreement. Notices to be sent to: CITY: Attn: Chance Berthiaume City of Bremerton 100 Oyster Bay Ave N. Bremerton, WA 98312 Notices to be sent to: Attn: Johnathan Miller Boomtown Services, LLC._ 15156 NW Hite Center Rd. Seabeck, WA 98380 L. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. M. 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 Vendor. N. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of Page 7 of 8 Goods and Services Agreement Rev. 04/2019 the remaining portion of this Agreement and the remainder shall remain in full force and effect. O. 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. CITY: City of Bremerton rant lei `.2 �C^^-`'J<-"-7 Its: �,-�'-k- Date: /I -.-F �G���T�ii/C� 7G`►�r��.'�/�7Tii VA -411-01904 Boomtown Services, LLC By:a6ffa � wda Prin ame: Johnathan Miller Its: Owner Date: 8/21/2019 ATTEST: ByVV' \ j-ui4A 'a'r By: AUW&A� ROGER A. LUBOVICH, Bremerton City Attorney 4D(. ANGELA WOODS, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Goods and Services Agreement Rev 04 2019.docx Page 8 of 8 Goods and Services Agreement Rev. 04/2019 BOOMTOWN SERVICES, LLC. 15156 NW Hite Center Rd. Seabeck, WA 98380 8-27-19 Office: 360-830-0114 Cell: 360-620-1732 Contractor License # BOOMTSL86OBS GORST CREEK BID PROPOSAL To: Chance W Berthiaume Stormwater Permit Coordinator City of Bremerton Public Works & Utilities Mobilize all labor and equipment (mini excavator, skid steer and dump trailer) Use crane to lower in skid steer into concrete culvert Use mini excavator to remove blackberry surrounding the area and load trees and brush Use skid steer to remove all tree, vegetation and sediment in culvert to concrete bottom. Vegetation debris will be hauled to designated area for disposal Grubbing the channels up to the culverts Sediment will be spread in designated area onsite. Use crane to lift skid steer out of concrete culvert Demobilize all equipment off site TOTAL: $21,225.00 plus tax $1,910.25 (9%) for a total of: $23,135.25 WE PROPOSE to complete in accordance with above specifications. Authorized By: 11 7/k& Date: 8/27/2019 Johnathan Miller, Owner, BoomtoNvn Services Acceptance Signature Date: ACCOR"® CERTIFICATE OF LIABILITY INSURANCE DATE (IAM10DfY1'YYI `trr�.� 08/21/2019 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 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 Q CONTACT — --- NAME_FAXX PNWCNNo David Connolly(7913315) ®� rj (�j O —) 360-692-6439 A/o,a 9393 Bayshore Dr NW Q E-MAIL ADDRESS- dckrutqjlyQfarmeLs-agtntcq�T__ �1 I NSUM!fSJ AFFORDING COVERAGE _ NAIC d INSURER A; Truck Insurance Exchange _ 21709 Silverdale WA 98383-9113 INSURED INSURERS: Farmers Insurance EXCha�e 21652 MILLER, JOHN INSURER C : Mid Century Insurance Company _ 21687 INSURER D : C BOOMTOWN SERVICES, LLC. INSURER E: x 15156 HITE CENTER INSURERF: PERSONAL BADV INJURY SEABECK WA 98380 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITA/ _ CLAIMS-MAOE n OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ _ 5,000 C X x 605508299 01103/2019 01/03/2020 PERSONAL BADV INJURY S ,000,000 GENERAL AGGREGATE $ ,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO- LOC $ AUTOMOBILE LIABILITY _ COMBINED SINGLE LIMIT _(Ea_ 1,000,000 __accident) $ _ _ _ ANY AUTO BODILY INJURY (Per person) $ C ALL OS OWNED SCHEDULED AUTX AUTOS X 605508299 01/03/2019 01/03/2020 BODILY INJURY (Per accident) $ PROPERTY DAMAGE eraoHIREDAU70S dent) _ $ X NON -OWNED AUTOS $ ' X UMBRELLA LIAB _ OCCUR EACH OCCURRENCE _ S 2,000,000 C EXCESS LIAB CLAIMS -MADE 606282277 01/03/2019 01/03/2020 AGGREGATE $ DED RETENTION$ _ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/AiEMBEREXCLUDED? ❑ (Mandatory In NH) If yos, describe under DESCRIPTION OF OPERATIONS bolaN NIA 605508299 01/03/2019 01/03/2020 lA'C STATU- OTH- X stop gap EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE 000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (A ch ACORD 101, Additional Remarks Schedule, H more space Is required) Certificate Holder is Listed as Addition I ured for- clean concrete channels at Gorst C eek/Pump Station 1 CERTIFICATE City Of Bremerton 345 6th Street Suite 100 V 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-AROVISIONS. AU ACORD 25 (2010/05)/ /// ©1988-2 A R15 CORPORATION. All rights reserved. The ACORD name and los ;a nistered mark ORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: 605508299 4%. j6840 FARMERS 2nd Edition INSURANCE ADDITIONAL I -SCHEDULED 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 InsuredPerson(s) CITY OF BREMERTON Or Organization(s): Location Of CoveredOperation(s): GORST CREEK/PUMP STATION 1 GORST, WA 98310 Effective Date Of Endorsement: 08/21/2019 If no entryappears above, information Mequired to complete this end orsementwill 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 this 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 contractor agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contractor 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 insureds) 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 byyou. 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 bythefollowing: H. Otherinsurance 1. Prim and Ploncotrlutory 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; h. Such written contractor 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. )6840-ED2 09-18 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 2 of 2 93.6840 )6840202 POLICY CHANGES ENDORSEMENT DESCRIPTION Change Additional Interest and E3306 (Waiver of Rights) - Addl Insured -Scheduled Person or Organization Primary and Non Contributory - J6840-ED2 CITY OF BREMERTON 345 6th St Ste 100 Bremerton, WA 98337 Location of Covered Operation(s): GORST CREEK/PUMP STATION 1 GORST, WA 98310 08/21/2019 Location: 15156 NW HITE CENTER RD SEABECK, WA 98380 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. M% THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY FARMER9 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY INSURANCE AGAINST OTHERS TO US 08/21/2019 Effective Date This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS - BP 00 09 SCHEDULE 605508299 Policy Number Name of Person or Organization: (If no entry appears above, information required to complete this Endorsement must be shown in the Declarations as applicable to this endorsement.) The provisions of the Businessowners Common Policy Conditions are modified by this endorsement as follows: Condition K. Transfer Of Rights Of Recovery Against Others To Us in the Businessowners Common Policy Conditions is amended by the addition of the following: 3. We waive any right of recovery we may have against the person or organization shown in the Schedule above 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.' This waiver applies only to the person or organization shown in the Schedule above. 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. 91-3306 IST EDITION 6-97 Includes Copyright Material Irmurence Services Office, Inc., 1992 E3306101 PAGE 1 OF 1