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HomeMy WebLinkAbout6033 PROFESSIONAL SERVICES AGREEMENT Warren Avenue Playfield Cultural Resource Survey The City of Bremerton ("City") and Cultural Resource Consultants, LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated August 29, 2019, 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. The parties agree that the work described in Exhibit A is to be completed within 60 days, however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $3,125.00. 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. 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. 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. 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, Cultural Resource Consultants, LLC Warren Avenue Playfield Cultural Resource Survey Page 1 of 7 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 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. Cultural Resource Consultants, LLC Warren Avenue Playfield Cultural Resource Survey Page 2 of 7 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile 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. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 4. 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. 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 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. Cultural Resource Consultants, LLC Warren Avenue Playfield Cultural Resource Survey Page3of7 The City also reserves its unqualified right to require at any time and for any reason,proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it,or is rightfully obtained by the Consultant from third parties,Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work. Cultural Resource Consultants, LLC Warren Avenue Playfield Cultural Resource Survey Page 4 of 7 E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, 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 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address 680 Lebo Blvd. 1416 NW 46th St. Ste. 105 PMB346 Bremerton, WA. Seattle, WA. 98337 98107 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. Cultural Resource Consultants, LLC Warren Avenue Playfield Cultural Resource Survey Page 5 of 7 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. 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. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement,that neither it nor its principals are presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for Cultural Resource Consultants, LLC Warren Avenue Playfield Cultural Resource Survey Page 6 of 7 certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible,excluded or disqualified. CITY OF BREMERTON CONSULTANT By: J-, levado By: Margaret Berger its: Director, Parks & Recreation its: Principal Date: W8/20/1 Date: 10/7/2019 Approved as to form: Attest: 4019- LSEtitt&L'°AAA— Bremerton City Attorney -fp( ; City Clerk R:\Legal\Legal\Contracts\FORMS\Professional Services Agreement Form(2016).doc Cultural Resource Consultants, LLC Warren Avenue Playfield Cultural Resource Survey Page 7 of 7 CRC Scope of Work 1 of 4 ATTACHMENT A Cultural Resource Consultants Project Scope and Fee Agreement Client Information Company Project Manager/Contact Cell Phone City of Bremerton Colette Berna 360-473-5429 Mailing Address City,State,Zip Email 680 Lebo Blvd Bremerton,WA 98310 Colette.Berna@ci.bremerton.wa.us Project Information Project Title Regulatory Nexus CRC Project Number Warren Avenue Playfield RCO 1908K Project Location City 1017 Warren Avenue Bremerton Section Township Range County Total Project Area 14 24 North 01 East Kitsap 2.04 Acres Project Description Warren Avenue Playfield is an aging neighborhood park located on two parcels totaling 2.04 acres in a low-income area which provides active recreation opportunities for primarily youth baseball,t-ball, and football.The site contains an unpaved parking area and sports field lighting that is at the end of its useful life (wood poles are rotted),a substandard restroom built in the 1950's and inadequate children's playground limited to 2 swings. Currently no part of the park is ADA accessible. The site also contains a concession/storage building(2,784 sf built in 1960) which will not be impacted by this project. The park's renovation is identified as a high priority in Bremerton's 2014 adopted Parks,Recreation&Open Space Plan with the goal to upgrade this well-used park to provide the neighborhood a safe,accessible and dose- to-home place to recreate and play by removing physical barriers,improving player safety, and reducing maintenance operating expenses. The overall project will develop accessible pathways throughout the site to access new updated site amenities including: paved parking lot with accessible sidewalks,energy-efficient LED sports field lighting,restroom, shelter,children's playground,and site furniture. Construction equipment will be used to remove existing restroom (originally built in 1950's),light poles and hardscape. Excavation will be required for the following new features: light poles (8'-10'deep),retaining walls, seat walls,ramps and pathways (2'deep), fence post foundation (4.5'deep),restroom building (4' deep),and picnic shelter footings (3.5' deep). 1416 NW 46th St,Ste 105 PMB346 Cultural Resource Consultants Seattle,WA 98107 206 855-9020-www.crcwa.com CRC Scope of Work 2 of 4 Project Schedule Anticipated Completion Date: September- CRC anticipates completion of field investigation within 30 days of this signed contract.A final October 2019 report will be submitted within 30 days of fieldwork completion. Project Assumptions *This scope and budget is based upon information provided on 27 August 2019.Any changes may require a change in budget to accommodate updating project information not received prior to the start of this project. *This scope and budget is based upon the project as shown on the attached map. *This scope and budget is based upon the assumption that CRC's current levels of insurance liabilities are sufficient for this project (sample certificate of insurance attached). * This budget assumes the client will provide utility locator services,per Washington State Law(RCW 19.122), prior to CRC field investigations. *This scope and budget assumes the property is clear of excess vegetation so that CRC archaeologists will be able to walk appropriately spaced transects with minimal path clearing. * This scope assumes that no more than one unrecorded archaeological site or two (2) unrecorded historic site will be identified within the project area. It would be necessary to adjust the budget if additional sites are found. This budget was prepared with the assumption that no more than six (6) shovel test probes would be excavated. If extensive archaeological deposits are encountered or if additional shovel test probes are warranted within the project area it may be necessary to modify this agreement to accommodate additional investigations for purposes of site identification. * This scope assumes that all relevant project information,prior reports including geotechnical reports, historic/architectural reports,design plans,and project maps in addition to relevant project correspondence with DAHP or other agencies requesting this assessment and/or Tribal cultural resources staff will be provided with the signed Agreement so that CRC may begin this project immediately upon receipt of signed agreement. * This scope does not include additional services for impact mitigation regarding archaeological or historic sites. * This scope assumes that no meetings with clients and/or stakeholders will be required. * This scope assumes that project proponents can provide immediate Right Of Entry to CRC so the project may be completed within the stated project schedule. * This scope assumes that the property is safe for CRC archaeologist to enter and free of contaminants,health hazards and other unsafe working conditions. * If human remains are found within the project area, all CRC field investigations will cease immediately,proper authorities will be notified and CRC will not resume field investigations until applicable state laws are addressed. 1416 NW 46th St,Ste 105 PMB346 Cultural Resource Consultants Seattle,WA 98107 206 855-9020-www.crcwa.com CRC Scope of Work 3 of 4 * CRC assumes the client will submit our report to DAHP (cover page provided;however,the client should include their own cover letter requesting review) within 30 days of receipt of said report for review. CRC cannot be held liable for reports prepared but not submitted to DAHP in a timely manner.Additional fees may apply for additional services required as part of DAHP's review process for reports submitted after 30 days of receipt. Project Deliverables CRC will provide the following project components as part of this cultural resources assessment. Task 1- Background Research CRC will conduct a search on Washington Department of Archaeology and Historic Preservation's (DAHP) WISAARD system to identify recorded historic built environment,historic register listed properties, archaeological sites,cemeteries,and previously completed cultural resources assessment in proximity to the project location. CRC will review of relevant correspondence between the project proponent,stakeholders,and DAHP. CRC will review of pertinent environmental,archaeological,ethnographic, and historical information appropriate to the project location from a variety of available resources. The goal of background research is to provide contextual information regarding the natural environment and cultural use of the project location,identify recorded cultural resources,and determine the potential for as-yet unrecorded cultural resources to be encountered during proposed project actions. Task 2-Tribal Contact CRC will contact the cultural resources staff of tribes that may have an interest in or information regarding the project location. This communication is intended to inform the cultural resources assessment and does not constitute government-to-government consultation. Copies of this correspondence and received responses will be included as an attachment in the cultural resources assessment. Task 3- Field Identification CRC will conduct field investigations of the project location to identify archaeological and historical resources. Investigation will include pedestrian survey and subsurface excavation in amenable environments that have the potential to contain buried archaeological deposits. Methods will be consistent with DAHP guidelines. Task 4-Documentation of Findings CRC will document and record identified archaeological and historic sites within the project location on DAHP archaeological and/or historic site(s) forms.All identified resources will be photo-documented and recorded in the field.Archaeological materials or deposits will be documented and reburied,if appropriate,within the find location. Cultural resources will be evaluated for significance following local, state,and/or national significance as appropriate based on the project's regulatory nexus. Documentation will be consistent with DAHP standards and will be completed on DAHP's WISAARD system. Task 5 - Cultural Resources Assessment Report CRC will prepare a technical memo describing background research, field methods,results of investigations,and management recommendations. The report will provide supporting documentation of findings,including maps and photographs,and will conform to DAHP reporting standards and the appropriate requirements based on the regulatory nexus. Report and support materials will be provided electronically in PDF format.An inadvertent discovery protocol and primary contacts will be provided as an attachment in the assessment. This task includes one round of consolidated comments from the client prior to the submission of the final report to DAHP. CRC will assist the client in submitting the cultural resources assessment and any associated documentation to DAHP, via their WISAARD system. 1416 NW 46th St,Ste 105 PMB346 Cultural Resource Consultants Seattle,WA 98107 206 855-9020-www.crcwa.com CRC Scope of Work 4 of 4 *No cultural resources study can wholly eliminate uncertainty regarding the potential for prehistoric sites,historic properties or traditional cultural properties to be associated with a project. The information we will present within our reports is based on our years of experience and professional opinions derived from the analysis and interpretation of the documents,records,literature,and information we are able to identify and use within our report,and during our field investigation and observations to be conducted in the process of preparing our technical report.The conclusions and recommendations we present will apply to the project conditions existing at the time of our study and those reasonably foreseeable. Project Fee Please Note:The time frame and fee for services quote is validfor 45 day. The fee for services described above is anticipated to be less than $ 3,125.00 CRC will email monthly invoices;payment for work completed is due upon receipt. This Agreement expires on 31 December 2019. Related records will be retained through 2022. To help meet the regulatory needs of our clients,effective immediately,CRC is implementing an annual records retention fee for anycontract cor tact regLunng annual updates,including certificates of insurance, over a period of two or more (2+) years.The records retention fee will be invoiced annually in December and will include a project area review by,or supervised by,CRCs principal investigator for any known and/or recently recorded archaeological and historical structures recorded on the Washington State WISAARD database. In addition to the updated certificates of insurance,CRC will provide an updated table of cultural resources (archaeological and historical) within a one-half mile radius of your project area and,if necessary,an updated inadvertent discovery protocol for your project.Annual records retention fees are$500.00/year. City of Bremerton Cultural Resource Consultants Colette Berna Margaret Berger 680 Lebo Blvd 1416 NW 46th St,Ste 105 PMB346 Bremerton,WA 98310 Seattle,WA 98107 4. biv Name/Title: Margaret Berger,Principal Date: `0/8/ 1 Date: 1416 NW 46th St,Ste 105 PMB346 Cultural Resource Consultants Seattle,WA 98107 206 855-9020—www.crcwa.com "-----""ACGRD® DATE(MMtODlYYYY) ACGRD CERTIFICATE OF LIABILITY INSURANCE kle.......„--- 10/2/2019 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 lieu of such endorsement(s). PRODUCERCONTACT Quirk& Compan NAME: P.O. Box 792030 PHONE 210342 8421 FA/CNo]; 210.340.4075 San Antonio, TX 78279 -tea QI. ADDRESS: INSURER(sj AFFORDING COVERAGE NAIC# www.quirkco.com INSURER A: Western World Insurance Company INSURED INSURER a: Arch Specialty Insurance Company Northwest Heritage Consultants LLC DBA Cultural Resources Consultants, LLC INSURER c: D ICI f 1 1 1416 NW 46th Street Suite#105 PMB 346 INSURERD: lJ `�J T_ Seattle WA 98107 INSURER E: J 1v 4 v t INSURER F: COVERAGES CERTIFICATE NUMBER: 51593189 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 I TYPE OF INSURANCE {ADDLISUBR I POUCY EFF ' POLICY EXP LTR. IMSD D POUCY NUMBER �MWDO/YYYY)I(MMIDDIYYYY) LIMITS - A (✓ COMMERCIAL GENERAL `/ NPP8464845 1/18/2019 1/18/2020 EACH OCCURRENCE $1,000,000 O. CLAIMS-MADE ✓ OCCUR `� PREMISES(E a occcurrence) $100,000 >..) MED EXP(My one person) $5,000 ' PERSONAL F.ADV INJURY $1,000, " , GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 52,000,0 0 I POLICY I 1 ECT LOC PRODUCTS-COMP/OP AGG $Not Covered OTHER AIAUTOMOBILELIABIUTY NPP8464845 1/18/2019 1/18t2020 {EeMBINEMD�INGLELIMIT $1,000,000✓ II ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) 8 AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY (Per accident) UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED I 1 RETENTION$ $ A !WORKERS COMPENSATION NPP8464845 1/18/2019 1/18/2020 ✓ STATUTE OTH- ER i AND EMPLOYERS'LIABILITY IANYPROPRIETORIPARTNER/EXECUTIVE YJN (Stop Gap) E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDEDT NIA — 1 (Mandatory in NH) , E.L.DISEASE-EA EMPLOYEE $1,000,000! ' If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $2,000,000 • B Professional Liability SPL0062442-00 ^1/18/2019 1/18/2020 'Each Claim Limit:2,000000 I Aggregate Limit:2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project: Warren Avenue Playfield.Bremerton WA#1908K Certificate Holder is an Additional Insured as regards the work of the insured under the CGL policy only. The CGL policy contains a special endorsement with"Primary and/Noncontributory"wording CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Colette Berne • ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street Bremerton WA 98337 AUTHORIZED REPRESENTATIVE 4.1, ii Luis A.Vazquez ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SCHEDULE OF FORMS AND ENDORSEMENTS POLICY NUMBER: NAMED INSURED NPP8464845 Northwest Heritage Consultants, LLC DBA Cultural Resource Consultants, LLC Form/Endorsement No./Edition Date Title (Note-Titles are indications only. See actual form for correct name.) WW230 (06_17) COMMON POLICY DECLARATIONS WW497 (O1_18) NOTICE - CLAIM REPORTING WW232 (O1_12) COMMERCIAL LIABILITY COVERAGE PART DECLARATIONS CL170 (01 86) CGL DECLARATIONS EXTENSION WW22 (06_16) SERVICE OF SUIT IL0021 (09_08) NUCLEAR ENERGY LIABILITY EXCLUSION ENDT WW183 (05J12) MINIMUM-EARNED PREMIUM WW218 (0113) MAXIMUM LIMIT OF LIABILITY IL0146 (08_10) WASHINGTON COMMON POLICY CONDITIONS WW1 (06_12) DEDUCTIBLE ENDORSEMENT WW13 (06_12) CLASSIFICATION LIMITATION WW168 (06_12) CANCELLATION AND PREMIUM AUDIT CHANGES WW180 (03_10) ADDITIONAL INSURED ENDORSEMENT WW191 (01_97) CONTRACTUAL LIABILITY - AMENDMENTS WW192 (04_13) PREMIUM BASIS ENDORSEMENT WW244 (01 16) EXCLUSION - BODILY INJURY TO CASUAL WORKER OR TEMPORARY WW253 (03_15) INDEPENDENT CONTRACTORS EXCLUSION WW340 (09_98) EMPLOYERS LIABILITY INSURANCE (STOP GAP) SCHED WW401 (06_12) TOTAL ASBESTOS EXCLUSION WW416 (03_10) HIRED AUTO AND NON-OWNED AUTO LIABILITY WW421 (11 13) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY WW424 (09_10) EXCL OF NUCLEAR/BIO/CHEM INJURY OR DAMAGE WW456 (01 12) COMMERCIAL GENERAL LIABILITY AMENDATORY ENDORSEMENT . —000001 (12_07) COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG0068 (05_09) RECORDING/DISTR: MATERIAL IN VIOLATION OF LAW EXCL CG2104 (11_85) EXCLUSION - PRODUCTS/COMPLETED OPS HAZARD CG2107 (05_14) EXCL-ACCESS OR DISCL OF CONFIDENTIAL OR PERSONAL INFO CG2111 (06_15) EXCLUSION - UNMANNED AIRCRAFT COVERAGE B ONLY CG2116 (0798) EXCLUSION - DESIGNATED PROFESSIONAL SERVICES CG2136 (03105) EXCLUSION - NEW ENTITIES CG2147 (12 07) EMPLOYMENT-RELATED PRACTICES EXCLUSION CG2167 (12-04) FUNGI OR BACTERIA EXCLUSION CG2173 (0115) EXCLUSION OF CERTIFIED ACTS OF TERRORISM CG2233 (072 98) EXCLUSION - TESTING OR CONSULTING E&O ADDITIONAL FORMS AND ENDORSEMENTS INSURED This Endorsement Modifies Your Policy (Effective At Inception Unless Another Date Shown Below) ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The insurance afforded by this policy for"bodily injury,""property damage"and/or"personal and advertising injury" shall also apply to the "additional insured" listed below for claims, suits, and/or damages made against the "additional insured," but only to the extent the "additional insured" is being held responsible for the acts, omissions and/or negligence of the"named insured." This insurance afforded shall not apply to claims, suits and/or damages arising out of the acts, omissions and/or negligence of the"additional insured(s)." The inclusion of the"additional insured(s)"shall not operate to increase the Limits of Insurance. To the extent, if any, that this policy affords coverage to an "additional insured," the "additional insured" is subject to all of the terms of the policy. Our obligation to provide coverage to an "additional insured" is further limited by the interest of the "additional insured"as defined below. Interest of the Additional Insured(s) Defined: As Required by Written Contract Premium Due: $750,00(Flat&Fully Earned) For the purpose of this endorsement,the "named insured" is the person(s) and/or party(ies)designated on the Declarations Page of the policy or on any endorsement. The"additional insured" is the person(s) and/or party(ies) identified below. Identity of Additional Insured(s): OWNERS OR CONTRACTORS.WHERE REQUIRED BY WRITTEN CONTRACT, NAMING SUCH PERSON S OR ORGANIZATIONS S AS ADDITIONAL INSURED S CERTS ON FILE WITH COMPANY (Complete this section if endorsement is added atter policy is issued.) NPP8484845 Policy Number Endorsement Number Endorsement Effective Date Signature of Authorized Representative Producer Number Page 1 of 1 WW180(03/10) INSURED (3) The nature and location of any injury or dam- 4. Other Insurance age arising out of the "occurrence" or of- If other valid and collectible insurance is available to fense. the insured for a loss we cover under Coverages A b. If a claim is made or"suit" is brought against any or B of this Coverage Part, our obligations are lirn insured, you must: ,,.ited as follows: (1) Immediately record the specifics of the claim (' a. primary Insurance or"suit" and the date received; and -��-rhis insurance is primary except when Para- (2) Notify us as soon as practicable. graph b. below applies. If this insurance is pri- You must see to it that we receive written notice mary, our obligations are not affected unless of the claim or"suit" as soon as practicable. any of the other insurance is also primary. Then, we will share with all that other insurance by the c. You and any other involved insured must: method described in Paragraph c. below. (1) Immediately send us copies of any de- b. Excess Insurance mends, notices, summonses or legal papers received in connection with the claim or (1) This insurance is excess over: "suit"; (a) Any of the other insurance, whether pri- (2) Authorize us to obtain records and other in- mary, excess, contingent or on any other formation; basis. (3) Cooperate with us in the investigation or set- (I) That is Fire, Extended Coverage, tlement of the claim or defense against the Builder's Risk, Installation Risk or sim- "suit"; and liar coverage for"your work"; (4) Assist us, upon our request, in the enforce- (ii) That is Fire insurance for premises ment of any right against any person or or- rented to you or temporarily occupied ganization which may be liable to the insured by you with permission of the owner, because of injury or damage to which this in- (iii) That is insurance purchased by you surance may also apply. to cover your liability as a tenant for d. No insured will, except at that insured's own "property damage" to premises rent- cost, voluntarily make a payment, assume any ed to you or temporarily occupied by obligation, or incur any expense, other than for you with permission of the owner; or first aid, without our consent. (iv) If the loss arises out of the mainte- 3. Legal Action Against Us nance or use of aircraft, "autos" or watercraft to the extent not subject to No person or organization has a right under this Exclusion g.of Section I-Coverage A- Coverage Part: Bodily Injury And Property Damage a. To join us as a party or otherwise bring us into a Liability. "suit" asking for damages from an insured: or (b) Any other primary insurance available to b. To sue us on this Coverage Part unless all of its you covering liability for damages arising terms have been fully complied with, out of the premises or operations, or the A person or organization may sue us to recover on products and completed operations, for an agreed settlement or on a final judgment against which you have been added as an addi- an insured; but we will not be liable for damages tional insured by attachment of an en- that are not payable under the terms of this Cover- dorsement. age Part or that are in excess of the applicable limit (2) When this insurance is excess, we will have of insurance. An agreed settlement means a settle- no duty under Coverages A or B to defend ment and release of liability signed by us, the in- the insured against any "suit" if any other in- sured and the claimant or the claimant's legal repre- surer has a duty to defend the insured sentative. against that "suit". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. CG 00 01 12 07 © ISO Properties, Inc.,2006 Page 11 of 16 This Endorsement Modifies Your Policy. Please Read It Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As Required by Written Contract Premium Due : $750 . 00 (Flat & Fully Earned) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: 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 and only as respects to the sole negligence of the Named Insured. This waiver afforded shall not apply to claims, "suits" and/or damages arising in whole or in part out of the acts, omissions, and/or negligence of the person or organization shown in the Schedule above. Includes copyrighted material of ISO Properties, Inc., 'iWV421 (11/13) with its permission