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AGENDA BILL CITY OF BREMERTON 6ACITYCOUNCIL SUBJECT: Study Session Date: November 13, 2019 Professional Services Agreement with COUNCIL MEETING Date: November 20, 2019 Skillings Connolly, Inc. for Design of the Department: EngineeringWashingtonAvenueand11thStreetPresenter: Andrea Archer-Parsons Improvements [Roundabout] Project Phone: (360) 473-2317 SUMMARY: In June 2019, the City accepted a United States Surface Transportation Program (STP) Grant through the Puget Sound Regional Council (PSRC) to design and construct a roundabout at the west end of the Manette Bridge and full street reconstruction from the roundabout to Pacific Avenue. The City advertised a Request for Proposals and received proposals from four qualified design firms. Three firms were interviewed and Skillings Connolly was selected to perform the design. The Professional Services Agreement will be in WSDOT standard agreement, with its standard terms and conditions. ATTACHMENTS: 1) Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with Skillings Connolly, Inc. FISCAL IMPACTS (Include Budgeted Amount): The consultant fee for design is estimated at$530,000.00; $458,450.00 will be from the STP Funding and $71,550.00 will be City funding from REET (Real Estate Excise Tax). STUDY SESSION AGENDA: x Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda IZI General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Skillings Connolly, Inc. for the design of the Washington and 11th Improvements Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 � Washington State �!/ Department of Transportation Supplemental Agreement Organization and Address Number 1 Skillings,Inc. Original Agreement Number 5016 Lacey Blvd.SE Lacey,WA 98503 LA 9630 Phone: (360)491-3399 Project Number Execution Date Completion Date STPUL-9918(017) November 26,2019 December 31 2022 Project Title New Maximum Amount Payable Washington&11th Improvements Project $530,000.00 Description of Work This project will design and construct a roundabout in the intersection of Washington Avenue and the Manette Bridge,and will include full street reconstruction(including sidewalks and bike lanes)on 11th Street and Washington Avenue between the new roundabout and Pacific Avenue. The Local Agency of City of Bremerton desires to supplement the agreement entered in to with Skillings,Inc. and executed on 11/26/19 and identified as Agreement No. 315026 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Scope of Work removes lAlliance as a subconsultant and UDBE Firm from the Contract since an agreement has not been reached and allows Skillings Inc.(formerly Skillings Connolly,Inc.)to perform the topographic survey work in-house. The UDBE Goal of 9%will still be met with this removal. II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: No Change III Section V, PAYMENT, shall be amended as follows: No Change as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By:Thomas Skillings,P.E.,Skillings,Inc. By: Greg Wheeler,Mavor • 47 " %�:%/ ,/ ' l Consultant Signature Approving Authority Signature A Pr:1 12o Z,o Date DOT Form 140-063 Revised 09/2005 Exhibit "A" Summary of Payments Basic Supplement#1 Total Agreement Direct Salary Cost Overhead (Including Payroll Additives) Direct Non-Salary Costs Fixed Fee Total DOT Form 140-063 Revised 09/2005 AGENDA BILL CITY OF BREMERTON 6A CITY COUNCIL SUBJECT: Study Session Date: November 13, 2019 Professional Services Agreement with COUNCIL MEETING Date: November 20, 2019 Skillings Connolly, Inc. for Design of the Department: Engineering Washington Avenue and 11th Street Presenter: Andrea Archer-Parsons Improvements [Roundabout] Project Phone: (360) 473-2317 SUMMARY: In June 2019, the City accepted a United States Surface Transportation Program (STP) Grant through the Puget Sound Regional Council (PSRC) to design and construct a roundabout at the west end of the Manette Bridge and full street reconstruction from the roundabout to Pacific Avenue. The City advertised a Request for Proposals and received proposals from four qualified design firms. Three firms were interviewed and Skillings Connolly was selected to perform the design. The Professional Services Agreement will be in WSDOT standard agreement, with its standard terms and conditions. ATTACHMENTS: 1) Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with Skillings Connolly, Inc. FISCAL IMPACTS (Include Budgeted Amount): The consultant fee for design is estimated at $530,000.00; $458,450.00 will be from the STP Funding and $71,550.00 will be City funding from REET (Real Estate Excise Tax). STUDY SESSION AGENDA: Ox Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Skillings Connolly, Inc. for the design of the Washington and 11th Improvements Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Does this Require DES filing? ❑ Yes ✓❑ No Firm/Organization Legal Name(do not use dba's): Skillings Connolly, Inc. Address Federal Aid Number 5016 Lacey Blvd SE Lacey,WA 98503 STPUL-9918 (017) UBI Number Federal TIN or SSN Number 600 491 794 91-1212924 Execution Date Completion Date November 26,2019 December 31, 2022 1099 Form Required Federal Participation Q Yes ❑ No Q Yes ❑ No Project Title Washington& 11th Improvements Project Description of Work This project will design and construct a roundabout in the intersection of Washington Avenue and the Manette Bridge, and will include full street reconstruction (including sidewalks and bike lanes) on 1 lth Street and Washington Avenue between the new roundabout and Pacific Avenue. Q Yes 9 % ❑ No DBE Participation Total Amount Authorized: $497,114.17 ❑ Yes % ❑ No MBE Participation Management Reserve Fund: $32,885.83 ❑ Yes % ❑ No WBE Participation Maximum Amount Payable: $530,000.00 El Yes % ❑ No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation/SBE Plan Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 08/15/2019 THIS AGREEMENT, made and entered into as shown in the"Execution Date"box on page one(1)of this AGREEMENT, between the City of Bremerton hereinafter called the"AGENCY,"and the"Firm/Organization Name"referenced on page one (1)of this AGREEMENT, hereinafter called the"CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in"Description of Work" on page one(1) of this AGREEMENT and hereafter called the"SERVICES;"and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW,THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined,and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. Ill. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups,and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination,progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City,or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes,regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 08/15/2019 Participation for Disadvantaged Business Enterprises(DBE)or Small Business Enterprises (SBE), if required,per 49 CFR Part 26 shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit"B"attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)regulation outlined in the AGENCY's"DBE Program Participation Plan"and perform a minimum of 30%of the total amount of this AGREEMENT. It is recommended, but not required,that non-DBE Prime CONSULTANTS perform a minimum of 30%of the total amount of this AGREEMENT. In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is voluntary,the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, is required to enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. Non minority, woman owned DBEs does not count towards UDBE goal attainment. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files,prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by(i)certified mail, return receipt requested,or(ii) by email or facsimile,to the address set forth below: If to AGENCY: If to CONSULTANT: Name: City Clerk Name: Thomas E. Skillings, PE Agency: City of Bremerton Agency: Skillings Connolly Address: 345 6th Street, Suite 100 Address: 5016 Lacey Blvd SE City: Bremerton State: WA Zip: 98337 City: Lacey State: WA Zip: 98503 Email: city.clerk@ci.bremerton.wa.us Email: tskillings@skillings.com Phone: 360-473-5323 Phone: 360-491-3399 Facsimile: 360-473-5200 Facsimile: 360-491-3857 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. This AGREEMENT may require filing with the Department of Enterprise Services(DES)pursuant to RCW 39.26.140. If such approval is required by DES,this AGREEMENT shall not bind the AGENCY until approved by DES. If the AGREEMENT must be approved by DES,work cannot begin, nor payment made until ten (10)or more working days following the date of filing, and, until approved by DES. Any subsequent SUPPLEMENTAL AGREEMENT may also be subject to filing and/or approval from DES. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD, governmental actions,or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 08/15/2019 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment,and incidentals necessary to complete SERVICES,specified in Section 11, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D"and "E"and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct(RAW) Labor Costs:The Direct(RAW) Labor Cost is the direct salary paid to principals,professional, technical,and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate(ICR) Costs: ICR Costs are those costs, other than direct costs,which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits"D"and "E"of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits"D" and "E",attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime and all A&E sub-consultants)will submit to the AGENCY within six(6)months after the end of each firm's fiscal year,an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants shall cause the AGENCY to withhold payment of the billed 1CR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals,which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to,the following items: travel, printing, long distance telephone,supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air,train, and rental car costs) in accordance with the WSDOT'Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures,and revisions thereto. Air,train,and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46"Travel Costs."The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 08/15/2019 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits"D" and"E"of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work,the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund(MRF): The AGENCY may desire to establish a MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements"of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct(RAW)Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW) Labor costs for CONSULTANT employees,the AGENCY may conduct employee interviews. These interviews may consist of recording the names,titles,Direct(RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty(20)working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 08/15/2019 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six(6)years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation,claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six(6)year period,the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any,will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A"attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate,direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier,to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race,color,national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission,percentage,brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 08/15/2019 Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full-or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY,except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT,for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10)days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two(2) of this section,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 08/15/2019 date of termination,whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two(2)of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall,within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein,without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J." In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 08/15/2019 XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington(STATE)and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents,officers,employees, sub-consultants, subcontractors or vendors,of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents,employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and(b)the STATE and/or AGENCY, their agents,officers,employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable,the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors,of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify,and hold the STATE and the AGENCY and their officers and employees harmless from all claims,demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors,of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods,processes,designs, information or other items furnished or communicated to STATE and/or the AGENCY,their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information, know-how, copyright rights or inventions resulting from STATE and/or the AGENCY's, their agents', officers'and employees' failure to comply with specific written instructions regarding use provided to STATE and/or the AGENCY,their agents,officers and employees by the CONSULTANT, their agents, employees, sub-consultants, subcontractors or vendors,of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. This waiver has been mutually negotiated by the Parties. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 08/15/2019 Unless otherwise specified in this AGREEMENT,the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required,the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any"Auto"(Symbol 1)used in an amount not less than a one million dollar($1,000,000.00)combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance,the STATE and AGENCY,their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with,the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to: Name: Andrea Archer-Parsons, P.E. Agency: City of Bremerton Address: 345 6th Street, Suite 100 City: Bremerton State: WA Zip: 98337 Email: andrea.archer-parsons@ci.bremerton.wa.us Phone: 360-473-2317 Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement"of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00),whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 08/15/2019 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for,performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order,or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1)maximum amount payable; (2)delivery or completion schedule, or both; and (3)other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment,"hereafter referred to as"CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes"clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.)and (B.)above,the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the AGENCY Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters- Primary Covered Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G-4"Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's over one hundred thousand dollars($100,000.00)and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT,and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements"prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 08/15/2019 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent,or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement,representation,promise or agreement not set forth herein. No changes, amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,warranties,covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The"State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses,telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT,to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,and not to release,divulge,publish,transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical,electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i)certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or(ii) returned all of the State's Confidential Information to the AGENCY; or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03,the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT;the purpose(s)for which the State's Confidential Information was received;who received,maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 08/15/2019 Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages,or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential"and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a)at the commencement of the term of this AGREEMENT; or(b)as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as"Proprietary and/or confidential information"or otherwise exempt information,the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6) years from the date of final payment to the CONSULTANT,the CONSULTANT shall keep, retain and maintain all "documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced,the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation,claims or audit findings have been resolved even though such litigation, claim or audit continues past the six(6)year retention period. For purposes of this AGREEMENT, "documents"means every writing or record of every type and description, including electronically stored information("ESI"), that is in the possession, control, or custody of the CONSULTANT, including,without limitation,any and all correspondences, contracts,AGREEMENT's, appraisals,plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records,telegrams, schedules, diaries, notebooks, logbooks, invoices,accounting records, work sheets, charts, notes, drafts, scribblings, recordings,visual displays, photographs, minutes of meetings, Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 08/15/2019 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped,recorded, written, printed or typed matters of any kind or description;every copy of the foregoing whether or not the original is in the possession, custody,or control of the CONSULTANT, and every copy of any of the foregoing,whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT,"ESI"means any and all computer data or electronic recorded media of any kind, including"Native Files",that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel,Access, Publisher, PowerPoint,Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones,thumb drives, CDs,DVDs,floppy disks,work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files"are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and/or modified. The CONSULTANT shall include this section XX"Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one(1) of this AGREEMENT. Sigrfaiure \ Date W� 1Z. '1,0 12.01 GA Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 08/15/2019 Exhibit A Scope of Work Project No. 19149 See Attached Scope of Work Agreement Number: Exhibit A-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 EXHIBIT A SCOPE OF WORK AGREEMENT NO. 1 CITY OF BREMERTON WASHINGTON&11T"IMPROVEMENTS CITY PROJECT NO.315026 FEDERAL AID NO.STPUL-9918(017) November 26,2019 Skillings Connolly, (CONSULTANT)has been selected by the City of Bremerton to provide design engineering,environmental,and right-of-way acquisition services for the reconstruction of Washington/ 11th from the Manette Bridge to Pacific. This project is currently funded through a federal grant administered through the Washington State Department of Transportation (WSDOT)and local agency funds. The work will include a roundabout at the Washington and 11th intersection and full width roadway reconstruction along 11th Street from the Manette Bridge to Pacific. The main goals of the project are to provide safe and consistent mobility improvements through the corridor and increasing the level of service at the Manette/Washington intersection. The project will include full width roadway reconstruction, sidewalks, bike lanes,storm drainage improvements,street lighting, and utility relocations/upgrades. A traffic analysis will be completed to evaluate the roundabout and corridor mobility. In addition,survey, utility coordination,geotechnical investigation, right-of-way acquisition,cultural and historical resources assessment, and support to the city for environmental permitting and community outreach efforts. To complete this work the following tasks will be included: • Project Management • Kick-off meeting to define project objectives and goals. • Public Involvement/Outreach Support • Survey and Mapping • Geotechnical Investigation • Environmental— o NHPA Section 106 Evaluation o NEPA/SEPA Support to City o Shoreline Permitting Support to City o No Effect Letter o Biological Assessment Report o Environmental Commitment Letter o APE Review Memorandum • Traffic Analysis/Modeling • Utilities Coordination • Utility Pothole Services • Geometric Layout Design for the Roundabout and Roadway Design • 30%PS&E • 60%PS&E • 90%PS&E • Final Plans,Specifications, and Estimate(100%PS&E) • Right of Way Assistance The following items are anticipated to be added as a supplement to the base contract: Skillings Connolly,Inc. Page 1 of 28 Project No.19149 City of Bremerton Washington&11th Improvements • Additional Right-of-Way Assistance efforts dependent upon final improvements limits. • Bidding Support Services. • Construction Support Services including field inspections. Project Assumptions: This scope of work is based on the following general assumptions: • Improvement and general project limits will follow those outlined in the Puget Sound Regional Council Funding Application prepared for this project dated April 196, 2018. • Anticipated design schedule from mid December 2019 to October 2021. Construction Ad date anticipated for October 29,2021 with construction in spring of 2022. • The city has confirmed that the preferred improvement at the intersection of the Manette Bridge and Washington is a roundabout. • All plan sheets will be prepared in AutoCAD v.2018 format. • All roadway design will be completed using Civil3D v.2018 software • Fee structure will be Cost Plus Fixed Fee • Additional Right of Way and/or construction easements will be required for this project. Required right-of-way and/or easements will be identified during the 30%design phase. • The City of Bremerton will complete the NEPA,SEPA,and all Shoreline Permits. CONSULTANT will provide support for these efforts as identified in this scope of work. • All word documents,excel spreadsheets,project schedules will be completed using CONSULTANT's latest version of Microsoft WORD, Microsoft Excel,and Microsoft Project. • The project will be developed as a single package. Bid alternates, bid additives,or subsequent repackaging of the project into separate phases is not included. • Landscaping and irrigation design are not included in this scope of work or fee. • It is assumed that all existing retaining walls along the project are structurally sound. No engineering analysis of these existing retaining wall systems is included in this scope of work. • It is assumed that there are no contaminated soils within the project limits. • Design for the lower sidewalk along the east side of Washington Avenue from the Manette Bridge to approximately 500 feet north is not included in this scope of work. • The City will complete all coordination efforts relating to the current maintenance agreement with WSDOT for the Manette bridge. REFERENCES Skillings Connolly(CONSULTANT)will perform services set forth in this SCOPE OF WORK on behalf of the city of Bremerton(CITY) using procedures specified by the CITY and in compliance with the standards and requirements set forth in the following procedures, regulations and most current(at the time of execution of this agreement)adopted manuals which by reference,are made a part of this Agreement. Current(as of the date of execution of the agreement)versions of the following publications and manuals will be applicable when specifically cited in the City of Bremerton Road Standards and Codes or when required by state or federal funding authorities: • Washington State Department of Transportation/American Public Works Association(WSDOT), Standard Specifications for Road,Bridge,and Municipal Construction (M41-10),2020 edition,as amended • Local Agency General Special Provisions • WSDOT/APWA,Standard Plans for Road, Bridge, and Municipal Construction, (M21-01) • Materials Laboratory Outline • Construction Manual Skillings Connolly,Inc. Page 2 of 28 Project No.19149 City of Bremerton Washington&11th Improvements • Local Agency Guidelines Manual • Design Manual(M22-01) • Hydraulics Manual (M23-03) • Highway Runoff Manual (M31-16) • Right of Way Manual • General Special Provisions • Traffic Manual (M51-02) • AASHTO(A Policy on Geometric Design of Highways and Streets) • City of Bremerton Engineering Design and Development and Codes (including standard plans) • MUTCD as revised by Washington State • WSDOT Plans Preparation Manual DOCUMENTS TO BE PROVIDED BY CITY OF BREMERTON It is agreed that the CITY will provide the following documents and/or data if available: • Roadway and utility as-built drawings • Existing right-of-way plans for the project area • Available as-built drawings of structures such as walls and barriers within the project limits. WORK ELEMENTS Task 10—PROJECT MANAGEMENT This task includes CONSULTANT management of staff and Subconsultants, invoices and progress reporting, progress meetings, and internal staff team progress meetings. Assumptions: • The Project Schedule will be in Microsoft Project. • Meetings will be by phone unless otherwise stated. • QA/QC quality checks are imbedded in the 30, 60,90,and 100 percent submittal tasks. • Project duration is 22 months(December 2019 to October 2021). Tasks: 1. Prepare Project Management Plan 2. Prepare and maintain Project Work Plan with two-week lookaheads. 3. Develop a Project Schedule for the completion of the one hundred percent(100%) PS&E documents and provide up to four(4) updates. Schedule to include critical path and milestones. 4. Schedule, prepare for,and take part in bi-weekly phone communications with the CITY. Estimated at 40 phone meetings. 5. In addition to weekly phone meetings,the CONSULTANT will attend face-to-face meetings with CITY staff to address complex design or coordination issues. Estimated at five(5)face-to-face meetings to be held at the City of Bremerton Public Works Department. 6. Provide in-house team coordination and work plan meetings. 7. CONSULTANT will manage Subconsultants. 8. CONSULTANT will prepare monthly billings with progress reports and include monthly Earned Value reports. Deliverables: • Project Management Plan Skillings Connolly,Inc. Page 3 of 28 Project No.19149 City of Bremerton Washington&11`x'Improvements • Project Work Plan • Project Schedule(Project and pdf format)and updates if necessary. • Monthly invoices,with status reports and earned value reports. • Meeting Minutes Task 20—KICK-OFF MEETING The combined kick-off meeting,site visit, and general project discussion will allow team members from CONSULTANT and City to meet each other,discuss the Consultant's Project Management Plan and Work Plan,and other relevant discussion topics. Assumptions: • Kick-off meeting with City will be held after Notice to Proceed. • City staff will prepare the meeting agenda and complete the meeting minutes. • Attendees: • City PM and other key staff • Consultant PM and discipline leads • Traffic Engineering Subconsultant • Geotechnical Subconsultant • Right-of-Way Acquisition Subconsultant • WSDOT Local Programs Tasks: 1. Project kick-off meeting and site visit. • Site visit to identify: o Design challenges o Geotechnical issues o Environmental challenges o Right-of-Way challenges o Photo documentation • Photo documentation o Project discussion to solidify ideas: o City goals, needs,and vision for the project o Road alignments o Utility needs o Geotechnical concerns o Environmental permitting support o Cultural resources review o Right-of-way needs o Property owner/community concerns o Other issues to be addressed o Field work coordination to address peak hour traffic Skillings Connolly,Inc. Page 4 of 28 Project No.19149 City of Bremerton Washington&11th Improvements Deliverables: No deliverables.Task 30—Public Outreach/Involvement CONSULTANT will provide support as noted in the tasks below for the City of Bremerton's public outreach/Involvement efforts. Assumptions: • City of Bremerton will lead the public outreach/involvement efforts for this project. • CONSULTANT will be required to attend the public outreach events(estimated at 2 events hosted by the City with 2 CONSULTANT staff to attend each event). Tasks: 1. Coordination phone calls with City,estimated at three(3)calls. 2. Attend two public outreach events(two CONSULTANT staff,3 hours duration each event) 3. Prepare open-house display materials for two(2) public outreach events. Materials to include: a. Conceptual improvement plan views(horizontal linework)—2 display boards. b. Three (3)cross section renderings—1 display board. c. One(1)3D rendering of the roundabout improvements—1 display board. d. One(1)3D rendering of the 11th roadway improvements—1 display board. e. Roll Plot of project for Citizen input and markup. 4. Update public meeting drawings noted as items a, b,c,d,and e above with current design for 2"d public meeting. Deliverables: • Presentation displays boards for 15`public meeting. • Updated presentation display boards for 2"d public meeting. Task 40—Survey and Mapping CONSULTANT will contract with 1 Alliance,the SUBCONSULTANT,to provide topographic survey and mapping for this project. CONSULTANT will provide coordination with 1 Alliance. Documents to be Provided by the CITY: It is agreed that the CITY will provide the following documents and/or data to CONSULTANT for use in development of the project: • CITY's Survey group will provide available documents for the CONSULTANT'S review. Background The proposed improvements include designing a roundabout at the intersection of Washington Avenue and the Manette Bridge and full street reconstruction (including sidewalks,curb and gutter, and bike lanes)on 11th Street and Washington Avenue between the new roundabout and Pacific Avenue. Project Limits Please see Exhibit A,Surveying Limits,attached to this proposal. Project limits are described as follows: (Based off existing road alignments) • Washington and 11'h Skillings Connolly,Inc. Page 5 of 28 Project No.19149 City of Bremerton Washington&11th Improvements o Mapping to be completed to existing right-of-way and 10 feet beyond(left and right)Extending 100'south of the Manette Bridge to the intersection of Pacific and 11th. • Intersection of Pacific and 11`h o Mapping to be completed to end of curb returns at all four corners of the intersection. • Side Streets o Mapping to be completed to end of curb returns and beyond by 10 feet in all locations. • Manette Bridge o Mapping to be completed 50'east of bridge structure. Scope of Services 1. Surveying and Mapping 1.1. Survey PM,Admin,QA/QC This task includes the survey project management, administrative duties,and quality control required for a project of this complexity and magnitude. 1.2. Survey Control This task includes the establishment of survey control,or the recovery of existing survey control,as required for the project. Typically,survey control will be set,found, or referenced utilizing Real Time Kinematic(RTK)GPS(GNSS)and the Washington State Reference Network(WSRN)in conformance with industry standards. This survey control is then typically propagated,as required, utilizing standard terrestrial total station measurements. • Geodetic Survey Control A system of horizontal and/or vertical control stations that have been established and adjusted by geodetic methods and in which the shape and the size of the earth(geoid) have been considered in position computations. A geodetic datum is an abstract coordinate system with a reference surface that serves to provide known locations to begin surveys and create maps. o Horizontal-Survey work shall reference the Washington State Plane Coordinate System of 1983 as established in accordance with Chapter 58.20 Revised Code of Washington. Bremerton standards will be held if different. o Vertical-The Vertical Datum for the survey work shall reference the North American Vertical Datum of 1988(NAVD88). o Units shall be in US Survey Feet. o Distances will be ground distances. • Cadastral Survey monumentation for the purpose of creating or reestablishing boundaries and/or tracts of land. 1.3. Field Surveying and Mapping Topographic and Planimetric surveying services will be performed to support engineering design along this corridor.This effort is to be considered a full topographic survey and all found permanent features and artifacts will be mapped. Please see Exhibit A for details to the limits and specific instructions for this effort. 1 Alliance proposes using terrestrial LiDAR—3D Laser Scanning(3DLS)—for mapping in order to reduce exposure to roadway conditions and thus reducing the need for traffic control. Conventional mapping will be used to supplement the 3DLS. • Visible improvements situated within the described mapping limits will be mapped. Skillings Connolly,Inc. Page 6 of 28 Project No.19149 City of Bremerton Washington&11th Improvements • Ground measurements will be captured sufficient to generate a digital terrain model(DTM)at one-foot contours. 1.4. Utility Surveying Services • Surface Observable utilities will be located as found within the surveying limits. • Measure Downs for sewer manholes,catch basins and storm drain manholes with pipe size, material,direction,and invert elevations will be obtained at each structure. Nearest drainage structure outside the mapping limits will also be collected. • Underground Conductible Utility Locates and Surveying. 1 Alliance will arrange for underground 'conductible' utility locating,typically by means of a third-party utility locate service.This service shall locate utilities within the project corridor limits.The consultant will reasonably rely upon the accuracy,timeliness,and completeness of the information provided by the utility locating service. 1.5. Office Processing This task includes the office processing of the collected survey data,data extraction,field book notes reductions,CADD drafting,and other duties required for the generation of the deliverable(s). For 3D laser scanning efforts,sub-tasks include the registering of point clouds; evaluating the registrations;exporting the point cloud data to Civil3D;creating or picking of appropriate points in Civil3D;Linework and Layering,and standard CADD drafting of the deliverables,as required. 1.6. Right-of-Way and Boundary Resolution(s) • Right-of-Way and Parcel Boundaries-Existing right-of-way and Parcels will be researched and resolved along the survey limits shown in Exhibit A. • 1 Alliance will prepare and deliver legal descriptions and exhibits for up to 2 parcels (ownerships)for right-of-way takes and easements with up to 3 revisions per parcel. Skillings will provide the linework for the right of way take in an exhibit prior to 1 Alliance work. Understandings 1. The City will provide a deed with current updates to the road and all other available right-of-way data to the CONSULTANT for use in establishing the existing right-of-way within the project limits. It is assumed that the data provided by the City will be complete and can be utilized for completion of the right-of-way plan required by WSDOT Local Programs for federally funded projects." 2. 1 Alliance personnel will not access any area that is deemed unsafe for any reason. 3. 1 Alliance is not responsible for any delays due to safety issues. 4. 1 Alliance is not responsible for delays caused by others. 5. 1 Alliance is not responsible for the quality,completeness, or timeliness of Subconsultants and/or the work of others. 6. Rights-of-Entry(ROE), if required,will be provided by the AGENCY 7. Permits will not be required for 1 Alliance's efforts. 8. Utility locates will be subcontract by 1 Alliance and included as an ODC. 9. Traffic Control, if required,will be sub-contracted by 1 Alliance and included as an ODC. 10. Title Reports beyond those obtained per Task 180 will be provided by the CITY. 11. Property corners will not be set in conjunction with this survey. 12. A record of Survey(s)is not a part of these services. 13. Confined space entry will not be required. Skillings Connolly,Inc. Page 7 of 28 Project No.19149 City of Bremerton Washington&11th Improvements 14. Wetland flags are NOT a part of these tasks. 15. Geotechnical bores, potholes, hand holes,and test pit locations are NOT a part of these tasks. 16. Skillings will provide the linework for the right of way take in an exhibit prior to 1 Alliance work. 17. Field data will support 1'contour intervals. 18. Any in-street Field work to be completed during off-peak traffic times. Deliverables 1. Signed topographic survey drawings(hard copy, pdf,and AutoCAD). 2. Project base map at 1"=20'scale, 1-foot contours. 3. 2018 AutoCAD Civil 3D file of project base map in 1 Alliance CAD drafting standards. 4. 2018 AutoCAD Civil 3D digital terrain model(DTM)file. 5. 2018 AutoCAD Civil 3D Land XML-compatible digital terrain model(DTM)file. 6. ASCII file of topographic and control points. 7. Right-of-Way plan sealed by a Washington State professional land surveyor CONSULTANT will complete the following tasks in support of the topographic survey task: Tasks: 1. CONSULTANT will provide coordination and review services of the topographic survey. Task SO—Utility Potholing CONSULTANT will contract with Applied Professional Services(APS),the SUBCONSULTANT,to provide utility potholing services for this project. APS, Inc. (Applied Professional Services)will utilize their Air Vacuum Excavation System to verify utilities at selected test-hole locations determined by CONSULTANT. This process is being performed to obtain utility and depth information for the project's design. APS, Inc.will utilize our Air Vacuum Excavation System to verify utilities at selected test-hole locations determined by Skillings Connolly, Inc.this process is being performed to obtain utility and depth information for the project's design. • APS,Inc.shall air vacuum excavate up to(9)test-holes to obtain depth of an existing underground utilities for engineering design. • All work is assumed at this time to be either nights or weekends due to the traffic flows. • Scope is based on the assumption that the utility will be between 0'and 10'in depth. • All test-holes are assumed to be located in the existing asphalt ROW. • APS, Inc.shall backfill all test-holes with a material approved by the City of Bremerton (5/8"select, sand or pea gravel). • All traffic control needed for lane closures will be provided by APS, Inc. • Each test-hole will be backfilled with 5/8' crushed rock, pneumatically tamped and patched with an EZ-Street cap.Each patch will carry a(2)year warranty from the date the test-hole was excavated. • CDF backfill and permanent asphalt repair are excluded from this scope. In the event that City of Bremerton requires CDF backfill and/or permanent asphalt repair additional fees will be required. • This estimate is based on design engineering rates in which case prevailing wages do not apply. Skillings Connolly,Inc. Page 8 of 28 Project No.19149 City of Bremerton Washington&11th Improvements • A grind and overlay of the existing road way is not covered in this scope.Should the City of Bremerton require additional restoration,other than what is included in the scope,then additional fees will be required. • At this time all permitting fees are assumed at not-to exceed. Permit fees will be billed at actual cost at invoice. • No field work explorations will be completed until an approved APE(area of potential effects) documents has been provided by the Project Engineer. Deliverables A. Test-hole data sheets,which include Top, Bottom,Width, Diameter and Direction of the utility. B. Excel spread sheet containing all test-hole data for the project. C. Hub&Washer left at grade denoting the depth and location of utilities found. D. Photo of all found utilities Task 60—Geotechnical Investigations CONSULTANT will contract with HWA GeoSciences, Inc. (HWA),the SUBCONSULTANT,to provide geotechnical investigation and design for this project. Subconsultant HWA GeoSciences,Inc,(HWA)will be contracted by CONSULTANT to complete a geologic reconnaissance and subsurface investigations across the Site to characterize the subsurface conditions and complete geotechnical engineering analyses and design criteria for roadway improvements. Field work will include pavement cores,test pits,and infiltration testing. Investigation will evaluate groundwater conditions,recommended pavement structural section,construction/final slope stability slopes, stormwater infiltration feasibility,asphalt pavement re-use opportunities,and recommendations for subgrade stabilization if required. HWA will prepare and submit a technical memorandum summarizing the results of explorations,analyses,conclusions,and recommendations PROJECT BACKGROUND The project involves the construction of a new roundabout at the Washington Avenue and Manette three- way intersection at the western side of the Manette Bridge in Bremerton,Washington. This roundabout is anticipated to resemble the existing roundabout at the eastern side of the Manette Bridge. To the north of the Washington Avenue and Manette intersection, Washington Avenue turns westward and becomes 11th Street. Improvements on Washington Avenue and 11th Street will extend from about 30 feet south of the new roundabout to the intersection of Pacific Avenue and 11th Street and will include pavement restoration, bike lane addition, permeable sidewalk construction, and street light installation. As part of the improvements,the existing streetlights and signal poles previously constructed with the completion of the Manette Bridge in 2011 and 2012,will be removed to make room of the new roundabout. We understand that the existing retaining walls west of Washington Avenue and on both sides of the road at the bend in alignment where Washington Avenue becomes 11th Street will remain in place and the roadway construction will not impact the walls. We understand that some settlement has been observed following recent reconstruction of Washington Avenue south of the project area and the City would like to evaluate the potential for soft subgrade and/or subsurface drainage issues along the proposed project alignment.We also understand that reuse of the asphalt layers as base for the new pavement is being considered. Based on the project understanding,we propose the following Scope of Work and Cost Estimate to provide geotechnical and pavement design services for this project. Skillings Connolly,Inc. Page 9 of 28 Project No.19149 City of Bremerton Washington&11th Improvements APPROACH AND SCOPE OF WORK • Project Setup: HWA will initiate the project and conduct setup procedures. • Compile and Review Existing Information: HWA will review and compile all relevant, existing and publicly available geotechnical and geologic data for the proposed roundabout area and 11th Street improvements. We assume that the City will provide recent geotechnical data in the vicinity,which could include data from the reconstruction of the current Washington and Manette intersection. We will also review files from our internal catalogue of work in Bremerton. • Site Reconnaissance and Mark Utility Locates:Preliminary on-site assessments will be conducted in two site visits:one trip to the site perform the reconnaissance, mark the boring locations and call in utility locates, and one trip to verify and finalize locates and explorations. • Prepare Site Exploration Plan,Traffic Control Plans and Street Use Applications:We will prepare a site exploration work plan for falling weight deflectometer(FWD)testing and coring of the existing asphalt to obtain data for assessment of the current subgrade conditions and design of the new pavement sections. HWA will prepare appropriate traffic control plans(TCPs)and associated documentation for submittal with Right-of-Way permits. We assume that all permits and property access will be provided by others,at no cost to HWA. FWD testing and coring will be scheduled after the site exploration plan has been approved. Once field exploration locations have been finalized, • Conduct FWD,Coring,and Handholes for Pavement Subgrade Assessment: HWA will perform FWD testing and pavement coring where existing pavement will be removed, and new pavement placed. Falling Weight Deflectometer(FWD)testing is non-destructive and consists of dropping a heavy weight on the pavement and measuring the deflections of the surrounding pavement using geophones. The data is used to estimate the subgrade modulus of the underlying soils. Cores will be performed at selected areas where FWD testing was performed to determine the condition and thickness of the pavement, base layer(s),and subgrade. At the locations where new pavement will be constructed, hand holes and Drop Cone Penetrometer(DCP)testing will be performed to provide thicknesses of the pavement section and check the data provided by the FWD. For this project, we envision performing FWD testing at intervals of 100 to 200 feet for both directions in the existing travel lanes for a total of 2,600 lineal feet of assessment. Once FWD testing is completed, HWA will drill 8 pavement cores and conduct DCP and handhole explorations. We estimate the FWD testing will be accomplished in one(1) day of work for one person. Pavement coring/handholes will require two(2) days of work for two people. • Prepare Summary Logs,Photographic Core Logs,and Assign Laboratory Testing:We will prepare summary logs from our explorations; including handhole logs and photographic pavement core logs. HWA will keep all soil samples collected during the course of these investigations until 30 days after issuance of our final report. Prior to disposal, HWA will inform the client and the client may direct HWA to store the samples,to dispose of the samples,or to deliver the samples to the client. If requested, HWA will store the samples for the owner at a rate of$1.00/sample/month ($25.00/month minimum charge). HWA can deliver the samples to the owner for a maximum charge of$100. We will notify the client of the monthly rate for storage prior to disposal or in-house storage. Our proposed project costs do not include the cost of sample storage. • Pavement Assessment and Design:The FWD test data and pavement core information will be used to provide pavement design recommendations for the new pavement. Utilizing estimated vehicle loads, provided to us by the City,we will determine the appropriate pavement sections for up to two pavement subgrade conditions.This would include providing recommendations for reuse of existing pavement as base material for the new pavement section. • Prepare Draft Preliminary Geotechnical Engineering Report and Pavement Design Report:We will prepare a draft geotechnical engineering report for the project. This report will contain the results of the geotechnical engineering investigation, including description of surface and subsurface conditions; a site plan showing exploration locations and other pertinent features;summary exploration logs;and Skillings Connolly,Inc. Page 10 of 28 Project No.19149 City of Bremerton Washington&11th Improvements laboratory test results. The report will provide geotechnical recommendations for each of the proposed improvements. • Finalize Preliminary Geotechnical Engineering Report: HWA will finalize our geotechnical report once we receive review comments Skillings-Connolly and the City of Bremerton. • HWA Internal QA/QC for Geotechnical and Pavement Tasks: HWA will have all design calculations and recommendations reviewed by a senior principal prior to distribution to the design team. • Attend Project Kickoff and Coordination Meetings: HWA will attend one project kickoff meeting and one design meeting at the City. HWA's attendance will be used to convey the geotechnical considerations of the site to the design team.HWA will participate in two(2)additional meetings with the design team via teleconference. • Task Coordination and Management: HWA will provide geotechnical task management to all geotechnical related aspects of the project and will correspond with Skillings-Connolly and the design team in the form of emails,fax,and telephone calls, as necessary. HWA will also prepare monthly invoices,and progress reports for the duration of the design phase of the project. OPTIONAL TASKS-INFILTRATION AND LIGHT POLE DESIGN This portion of the project will include providing recommendations for possible use of infiltration for permeable pavement and design of the proposed light poles. This task will include drilling five borings to obtain soils and subsurface data for design. The proposed scope of work is provided below. • Prepare Site Exploration Plan,Traffic Control Plans and Street Use Application for Borings:We will prepare a site exploration work plan for drilling five borings along the alignment of the site. HWA will prepare appropriate traffic control plans(TCPs)and associated documentation for submittal with Right- of-Way permits. We assume that the borings can be drilled in unpaved areas where shoulder closures are suitable for traffic control and no pavement or sidewalk coring is required. Drilling will be scheduled after the site exploration plan has been approved. • Conduct Borings for to Provide Infiltration and Light Pole Recommendations: HWA will perform our subsurface explorations for design of light pole foundations and provide soils for grain-size testing to evaluate potential for infiltration. This program will consist of five(5) 20-ft borings to be located near the locations of the light poles at the proposed roundabout and along the project alignment. Soil cuttings produced from these borings will be contained by the driller and disposed of off-site.We estimate the borings to take 1.5 to two(2)days of work. • Provide Parameters for Design of Light Poles:We will provide design recommendations for the proposed light pole foundations. This will include average soil vertical and lateral bearing capacities for design assuming that non-standard pole design will be needed. • Preliminary Screening of Infiltration Feasibility:HWA will provide a preliminary assessment of infiltration feasibility in support of the proposed permeable sidewalks to be constructed around the roundabout and along 11th Street. Infiltration potential analyses will involve select samples from borehole drilling to be used for infiltration-specific laboratory testing.The infiltration potential assessment utilizing these lab results stems from the procedure described in the Department of Ecology's 2014 Stormwater Management Manual for Western Washington. Where infiltration is determined to be plausible for stormwater management, HWA will provide recommendations for potential implementation of infiltration and evaluate if further infiltration testing is needed to determine design infiltration parameters. If testing is considered feasible,organic content and Cation Exchange Capacity(CEC)will be performed on one sample from each boring. DELIVERABLES: Draft and Final Preliminary Geotechnical Engineering Reports. Skillings Connolly,Inc. Page 11 of 28 Project No.19149 City of Bremerton Washington&11th Improvements Assumptions • No explorations will be performed in the project area for retaining wall evaluation. • All explorations conducted through concrete or pavement will be patched with quick drying concrete or asphalt patch. No large saw cut patching will be required. • HWA will respond to one(1)round of comments on the draft geotechnical report. • All hours and items are estimated and may be increased or decreased within the limits of the budget at the discretion of HWA's project manager. The HWA project manager may also transfer funds allocated for direct costs to professional/technical hours, and vice-versa, as he/she determines appropriate. • The scope of work is related solely to geotechnical engineering evaluation of site soil and ground water,as they relate to geotechnical design for the project improvements. Neither identification nor evaluation of contaminants that may be present in the soil or ground water is included in this scope of work. • Access to private property(if required)will be coordinated by the City. • Test pit explorations will disturb near surface soil and vegetation. HWA's repair of disturbed areas is limited to backfilling of test pit explorations to match existing site grades. • Traffic loading data and design criteria for pavement design will be provided by the City. • Field work to be completed during off-peak traffic times. • Traffic control to be provided by HWA. • No field work explorations will be completed until an approved APE(area of potential effects) documents has been provided by the Project Engineer. CONSULTANT will complete the following tasks in support of the geotechnical investigation task: Tasks: 1. CONSULTANT will review the geotechnical report and provide one set of comments. Task 70—Environmental—Area of Potential Effects(APE) The Area of Potential Effects document will be completed and processed by the CONSULTANT. The area of potential effects(APE)will be the determined from the layout of the chosen design option. It defines the area where ground may be disturbed during construction;in this case right-of-way line to right- of-way line plus any needed temporary construction easements areas. The APE and a Work Plan will be submitted to WSDOT Local Programs for their review and consultation with the Washington State Department of Archeological and Historic Preservation (DAHP). Approval of the APE and Work Plan will determine the area to be investigated under Section 106 of the National Historic Preservation Act for cultural resources. No ground penetrating efforts may be completed until the APE is approved, including Section 106 shovel probes or geotechnical borings. Assumptions: • The initial geometric layout completed under Task 130 will be sufficient to define the APE. Skillings Connolly,Inc. Page 12 of 28 Project No.19149 City of Bremerton Washington&11th Improvements Tasks: 1. Submit APE to City for review prior to submittal to WSDOT. 2. Submit the APE to WSDOT Local Programs for consultation with DAHP 3. Provide sufficient documentation of how the APE was defined 4. Respond to WSDOT/DAHP questions Deliverables: • APE Review Memorandum Task 80—Environmental—NHPA Section 106 Evaluation CONSULTANT will contract with Tierra Right-of-Way,subconsultant,to provide NHPA Section 106 evaluation services. Cultural Resources Assessment As there is federal funding for the project,this work would include the preparation of the Section 106 report in accordance with the published Department of Archaeology and Historic Preservation(DAHP) standards and guidelines,as well as those of the Secretary of the Interior. Tierra's understanding is that the Area of Potential Effect(APE)does not extend beyond thecurrent road and sidewalk boundaries,and that there are no anticipated impacts to the built environment.The APE is currently covered almost entirely by impervious surfaces(asphalt and sidewalk). Tierra shall accomplish the work to include the following subtasks: Background Research and Mobilization Tierra will conduct a check of records at the Department of Archaeology and Historic Preservation's (DAHP)Washington Information System for Architectural and Archaeological Records Data(WISAARD)for information on previous projects and identified archaeological sites in the project area prior to any field activity. Other background information will be collected from ethnographic and historic accounts, previous regional cultural resource investigations,local historical societies and informants,maps,and photographs. Field mobilization efforts will be led by the Tierra Archaeologist and will include: 1)informal communication with appropriate tribes and 2)arranging utilities locate.The Suquamish,Skokomish, Port Gamble S'Klallam,Jamestown S'Klallam, Lower Elwah,and Tulalip Tribes will be contacted about the project to solicit anyadditional concerns about heritage resources and to inform them when field investigations will take place.This communication is a technical inquiry and does not constitute any formal consultation that may be needed. Utilities locate will be arranged by Tierra prior to archaeological field work. Archaeological Field Survey Archaeological field survey will be completed in one day by the Tierra Project Archaeologist and one field archaeologist,who will conduct a pedestrian survey of the project area.At the discretion of the Project Archaeologist up to 10 shovel probes will be excavated in accessible portions of the project area at roughly 50-foot(30 meter)intervals,as feasible.As noted above, most of the project area is covered in impervious surfaces,so shovel testing may be limited.Spoils from the probes will be screened through%inch mesh. Skillings Connolly,Inc. Page 13 of 28 Project No.19149 City of Bremerton Washington&11th Improvements Any artifacts will be described,photographed,returned to the probe of origin,and reburied. Notes about content and sediments encountered will be recorded on standard forms.All shovel probes will be recorded with a GPS.The survey will verify field conditions and identify historic properties.An important part of the fieldwork will be to document historic and modern disturbance and to document the specific locations of any newly discovered cultural resources. Architectural History Survey A preliminary review of the County Assessor website and the WISAARD database indicates that there are no historic structures within the APE,and that there are several structures more than 50 years old adjacent to the APE. However, no direct impacts are anticipated.A list of adjacent 50+year old structures adjacent to the APE and general discussion of the built environment will be included in the report. Unless any direct or indirect impacts are identified,formal documentation and evaluation on HPI forms is not included in the scope of work. Analysis and Reporting The results of cultural subtasks will be presented in a report suitable for submission to DAHP,appropriate agencies,tribes, and other concerned parties.The report will include recommendations for ways to complete evaluation of any sites encountered and to avoid or minimize damage to any archaeological properties should they be encountered during fieldwork. Due to confidentiality requirements for archaeological site location, distribution of the report may be restricted. Due to the extensive asphalt cover in the project area,a recommendation of the report may include archaeological monitoring during construction.In that event,Tierra can prepare a project-specific monitoring and inadvertent discovery plan (MIDP)to guide monitoring activities and to provide steps to take should a discovery be made during construction. If recommended, monitoring plan preparation and construction monitoring will be addressed under a separate scope and budget. Cultural Assumption(s): • CITY will ensure access and rights of entry to the entire project area prior to field work and/or access for shovel testing,even on private property. • Built environment documentation and assessment,outside of the background review, is not included in the current scope of work. • No archaeological resources are known to be present within the project area. Discovery of an archaeological site during survey may require additional work beyond the present scope and budget to establish boundaries,evaluate significance,and arrive at appropriate assessments of adverse effects and treatmentmeasures. • If at any time human remains are encountered,work will cease,and notification of affected parties will proceed as directed by RCW 27.44. • No field work explorations will be completed until an approved APE(area of potential effects) document has been provided by the Project Engineer. Cultural Deliverable(s): • Draft Report, 1 pdf version • Final Report, 1 pdf version CONSULTANT will complete the following tasks in support of the NHPA Section 106 evaluation task: Tasks: 1. CONSULTANT will review the Section 106 documents and provide comments if required. Skillings Connolly,Inc. Page 14 of 28 Project No.19149 City of Bremerton Washington&11th Improvements Task 90—Project Information Support to City Environmental documentation for NEPA,SEPA, and Shoreline Substantial Development Applications will be completed by City of Bremerton. CONSULANT will provide support as noted to the City during their NEPA and SEPA permitting process. Assumptions: • The Task provides assistance to the City in support of the City's preparation of the SEPA, NEPA,and Shoreline Permitting documentation. CONSULTANT assistance will be limited to providing project specific information derived from civil design services. • The City will complete the NEPA,SEPA,Shoreline Permitting and all required environmental permitting for the project.Section 106 Cultural Survey will be completed under Task 80. Tasks: CONSULTANT will provide project specific information derived from the civil design to the City. Deliverables: No deliverables required. Task 100—Traffic Analysis/Modeling CONSULTANT will contract with TSI(Transportation Solutions, Inc),the SUBCONSULTANT,to provide traffic analysis, modeling, and geometric design services for the roundabout.This effort will include project management, intersection control evaluation,and geometric design support for the roundabout at 30,60, and 90 percent design levels. TASK 1.0 PROJECT MANAGEMENT Project management will be on-going during the course of the project.SUBCONSULTANT's project manager will maintain regular communication with the CONSULTANT's project manager. SUBCONSULTANT will monitor the project's scope,schedule,and budget,will coordinate and communicate status reports,and other similar project management tasks. SUBCONSULTANT will provide monthly progress reports and invoices in accordance with the CONSULTANT's and/or City of Bremerton procedures. SUBCONSULTANT will coordinate the first invoice so that the format is acceptable to the CONSULTANT and/or CITY. Each progress report and invoice package will include the SUBCONSULTANT invoice showing all labor and direct expenses included for the period,the monthly progress report,and full documentation of labor hours and direct expenses charged for the period. Project closeout will occur at the end the project.SUBCONSULTANT shall deliver all documents in agreed to electronic formats. SUBCONSULTANT shall prepare a final closeout progress report and final invoices. Quality control and quality assurance reviews will occur prior to submittal of major deliverables. This include Intersection Control Evaluation(ICE), 30%plan review,60%plan review,and 90%plan review. Assumptions • The invoice format for this project will be one that is acceptable to the City. • SUBCONSULTANT invoicing period starts on the 16th of the month and ends on the 15th of the following month. • Progress Report and Invoice packages will be prepared monthly. Skillings Connolly,Inc. Page 15 of 28 Project No.19149 City of Bremerton Washington&11th Improvements Deliverables • Monthly Progress Report and Invoice Packages • Periodic Project Schedule update as agreed to between the CITY and CONSULTANT TASK 2.0 INTERSECTION CONTROL EVALUATION SUBCONSULTANT will review existing traffic data for the project. SUBCONSULTANT will used the City's travel demand model to forecast existing and future trips within the project. SUBCONSULTANT shall use roundabout operation analysis software,such as SIDRA,to evaluate current and future roundabout operations at the intersection of Washington Avenue and list Street. SUBCONSULTANT shall prepare an Intersection Control Evaluation(ICE)utilizing WSDOT's forms,common practices,and engineering judgement. SUBCONULTANT shall prepare findings that recommend a year of opening geometric layout and ultimate geometric layout. Assumptions: • Traffic model data will rely of the City's travel demand model and traffic operation model. • The City and WSDOT will review the ICE and SIDRA report and provide one set of comments. SUBCONSULTANT shall review agency comments and provide one final updated document to the agency. Deliverables: • SUBCONSULTANT shall provide all traffic data input and output used as part of this project to the CITY for CITY's use. • SIDRA model report. • Intersection Control Evaluation Report. TASK 3.0 30%PLAN REVIEW SUBCONSULTANT shall review the 30%design layout prepared by the CONSULTANT for the following elements of the roundabout and prepare a memorandum of findings to be submitted to the CONSULTANT: • Geometric Design and WSDOT R-values. • Traffic islands,curbs, mountable curbs, and traffic calming components • Location of proposed streetlighting • Roundabout related details Assumptions: • CONSULTANT shall provide pdf and AutoCAD files of 30%Design. Deliverables: • SUBCONSULTANT shall provide a memorandum of findings to the CONSULTANT. • SUBCONSULTANT will be available by phone to discuss the memorandum of findings. TASK 4.0 60%PLAN REVIEW SUBCONSULTANT shall review the 60%design layout prepared by the CONSULTANT for the following elements of the roundabout and prepare a memorandum of findings to be submitted to the CONSULTANT: • Geometric Design and WSDOT R-values. • Traffic islands,curbs, mountable curbs,and traffic calming components • Location of proposed streetlighting Skillings Connolly,Inc. Page 16 of 28 Project No.19149 City of Bremerton Washington&11th Improvements • Roundabout related details Assumptions: • CONSULTANT shall provide pdf and AutoCAD files of 60%Design. Deliverables: • SUBCONSULTANT shall provide a memorandum of findings to the CONSULTANT. • SUBCONSULTANT will be available by phone to discuss the memorandum of findings. TASK 5.0 90%PLAN REVIEW SUBCONSULTANT shall review the 90%design layout prepared by the CONSULTANT for the following elements of the roundabout and prepare a memorandum of findings to be submitted to the CONSULTANT: • Geometric Design and WSDOT R-values. • Traffic islands,curbs,mountable curbs,and traffic calming components • Location of proposed streetlighting • Roundabout related details Assumptions: • CONSULTANT shall provide pdf and AutoCAD files of 90%Design. Deliverables: • SUBCONSULTANT shall provide a memorandum of findings to the CONSULTANT. • SUBCONSULTANT shall provide geometric design and WSDOT R-values,traffic islands,curbs, mountable curbs,and traffic calming components,location of proposed streetlighting, roundabout related details at the 30,60, and 90 percent plan levels • SUBCONSULTANT will be available by phone to discuss the memorandum of findings. CONSULTANT will complete the following tasks in support of the traffic analysis and modeling task: Tasks: 1. CONSULTANT will provide coordination and review of the traffic analysis, modeling,and geometric layout of the roundabout. Task 110—Utilities Coordination This task includes coordination with utility purveyors as listed below that will be affected by the proposed improvements. The known existing utilities along Washington and 11th include the following: • Puget Sound Energy • QWEST • Comcast • Cascade Natural Gas These utility purveyors have both above and below ground features installed within the project limits and are in potential conflict with the new improvements. This task provides for coordination with the existing utility companies to address removal and relocation of existing utilities that will be impacted by the project. Coordination is needed to ensure that the design is compatible with the utilities located within the roadway prism. Skillings Connolly,Inc. Page 17 of 28 Project No.19149 City of Bremerton Washington&11th Improvements Assumptions • The City will provide utility contact information for each utility. • All affected utilities are franchised with the City of Bremerton. • It will be determined during the 30%design phase if utility relocation/removals will be required. • The project manager and utility coordination discipline lead will attend one on site utility meeting with all 4 utility companies. • All other coordination will be by phone and email. • Utility companies will provide accurate As-built Drawings via email as PDFs. • No undergrounding of existing above ground utilities is required for this project. • It is assumed that the only new power service required for this project will be to serve the street lighting. The City will complete and submit the service permits required by PSE to serve the street lighting system. • The City will obtain and provide all existing utility as-builts from affected utility purveyors within the project limits. Tasks 1. Review As-Builts provided by the city and enter information into project AutoCAD base map. 2. Attend one(1)site meeting with all four(4) utility companies. 3. Review utility location information with the Design discipline lead. 4. Contact utility companies to verify utility locations and depths. 5. Review the utility provided concept design and provide feedback to the design team on conflicts with utilities. 6. Verify schedule for relocations/removals with four(4)utility companies. 7. Provide Final Utility Coordination. Deliverables • Site visit agenda and meeting notes • Provide owner with plans from utility companies for any required utility removals/relocations. Task 120—Geometric Layout Roundabout/Roadway Design This effort will include developing preliminary roadway/intersection geometric plans, channelization plans, and roadway cross-sections based upon the traffic analysis mitigations for the project. This design will become the bases for the PS&E. Assumptions: • City will provide approval of the geometric layout prior to beginning the 30%design phase. • The intersection of the Manette Bridge and Washington will be a roundabout. • Proposed geometrics will generally follow improvements as outlined in the Grant Application submitted April 19th,2018. Tasks: 1. Basis of Design Notebook:The CONSULTANT shall prepare a draft Basis of Design Notebook summarizing key design elements and decisions for the roundabout design at the intersection of the Manette Bridge and Washington Street and the roadway improvements along Washington and 11th Skillings Connolly,Inc. Page 18 of 28 Project No.19149 City of Bremerton Washington&11th Improvements 2. Develop Geometric Layout Plans:The CONSULTANT shall prepare plans including the geometric layout of the project hard improvements with proposed pavement marking and general roadway cross sections. TSI will provide design support for preparation of the roundabout geometrics (under Task 40). It is assumed that four plan sheets will be prepared. 3. Truck Turning Analysis: The CONSULTANT will coordinate with the City to establish the design vehicle for all movements at the roundabout location. Auto Turn design software will be utilized to complete preliminary truck turning analysis. 4. Pedestrian/Bike Improvements: The CONSULTANT will evaluate pedestrian and bicycle routes and develop concepts for tie-in locations to adjacent facilities. Preliminary evaluation will be made to determine if ADA compliance challenges exist along pedestrian routes. S. Submit Geometric Layouts to City for Review:The CONSULTANT will submit the geometric layouts to the City for review via electronic submittal. 6. Address City Comments:The CONSULTANT will address city comments and update the geometric layout plans. It is assumed that initial comments will be received at the meeting with one follow up set of comments delivered to CONSULTANT. Effort includes assumption of time to address comments. Deliverables: • Draft Basis of Design Notebook. • One(1)half size plans and one(1)electronic set Geometric Layout plans(4 sheets)to City for review. Task 130—30%PS&E This effort will include preparation of 30%design level plans building upon the geometric design layouts completed under Task 130. Evaluation of pedestrian access,ADA compliance,and driveway access will be completed will additional accuracy. Preliminary design will include evaluation of the storm drainage needs to include a preliminary layout. Illumination layouts will be completed with basic lighting design.Task will include preparation of a preliminary cost estimate with contingency and a project specification outline. Grading efforts will include preliminary centerline vertical profiles and grading checks for tie-in to existing ground at project limits,fine grading will not be completed under this task. Assumptions: • CONSULTANT will maintain a design diary documenting approaches, problems,decisions,and actions. Diary will be maintained continuously throughout the project. • The quantity calculations notebook will be preliminary and will not be sufficient for the final construction cost estimate. • Preliminary Engineer's Estimate of Probable Costs to Construct will be prepared using WSDOT Unit Bid Price format. • Construction details will not be completed at the 30%level. • Stormwater design requirements will follow the 2012(as amended in December 2014)edition of the Stormwater Management Manual for Western Washington(SWMMWW). • Runoff treatment shall consist of emerging technology that has received General Use Level Designation(GULD)through the Department of Ecology's Technology Assessment Protocol— Ecology(TAPE). • Flow control and quantitative downstream analysis will not be required. Skillings Connolly,Inc. Page 19 of 28 Project No.19149 City of Bremerton Washington&11`h Improvements • Treatment modelling will use WWHM2012,conveyance calculations will use Autodesk SSA 2018 and Bentley FlowMaster. • Existing sewer and water mains can remain in place and accommodate the new roadway improvements • No contaminated soil or groundwater is anticipated at the site. Tasks: 1. Site visit to verify topographic survey and coordination with survey SUBCONSULTANT to address any concerns. 2. Update Basis of Design Notebook. 3. Prepare preliminary stormwater/water quality design: a. Determine project limits and assess threshold discharge areas (TDA). b. Determine area totals for existing pervious and impervious areas, new and replaced surfaces. c. Assess applicability of overall Minimum Requirements and individual thresholds for LID,water quality,and flow control. d. Select and implement preliminary design of BMPs for LID,water quality,and flow control. e. Determine design storm for conveyance calculations and sizing. f. Document findings in preliminary stormwater technical memo. g. Prepare design markups for preliminary stormwater plans. 4. Assess details of pedestrian access routes,ADA compliance,and driveway access locations. 5. Design preliminary illumination. 6. Prepare preliminary plans as noted below. 7. Prepare preliminary Quantities Notebook. 8. Prepare 30%Engineer's Estimate of Probable Cost to Construct. 9. Prepare outline of project specifications and special provisions. 10. Coordinate preparation of Right-of-Way Plans under Task 40. 11. Assess potential Right-of-Way impacts. Assume preparation of preliminary Right of Way exhibits(2 exhibits for 2 properties). 12. Provide internal QA and QC and project coordination. 13. SUBCONSULTANT TSI will provide services under Task 100 and comments to be addressed. 14. Plan Submittal:The CONSULTANT will submit the following anticipated plan sheets: , Plan Sheet 30% 100% Submittal Submittal Cover with Vicinity Map and Index 1 1 Construction Notes 1 Horizontal Control Plan 1 1 Right-of-Way Plan(completed under Task 40) 1 TESC Plans& Details � 7 Demolition Plans I 5 Plan and Profile Sheets 5 5 Roadway Sections 2 Roadway Details 2 Roundabout Design Layout 1 1 Roundabout Curb Return Profiles 2 Roundabout Grading Plan 2 1 Crosswalk/Splitter Island Details 2 Roundabout Details I 2 Skillings Connolly,Inc. Page 20 of 28 Project No.19149 City of Bremerton Washington&11th Improvements Plan Sheet 30% 100% Submittal Submittal Stormwater Plan and Profile Sheets 5 5 Structure Notes Sheet 1 Stormwater Details 1 1 Miscellaneous Details 2 Illumination Plans 1 2 Illumination Details 1 Signing Plans 3 3 Signing Specifications 1 Signing Details 1 Pavement Marking Plan 3 3 Pavement Marking Details 1 Temporary Traffic Control Plans 5 Traffic Control Detour Plan 2 Deliverables: • Draft Basis of Design Notebook. • Outline of project specifications and special provisions • Preliminary Stormwater Technical Memo • One(1) half size plans and one(1)electronic set of 30%PS&E to CITY for review. • Preliminary Engineer's Estimate of Probable Cost to Construct • Exhibits showing required Right-of-Way and construction easement required to construct the project. Assumes as 2 exhibits. • Updated Project Schedule Task 140—60%PS&E This effort will include addressing CITY 30%comments and advancing PS&E to a 60%level of design. Assumptions: • CITY has reviewed the preliminary layout and have provided direction to the CONSULTANT. • CITY will provide one set of consolidated comments for the 30%PS&E. • CONSULTANT will maintain a design diary documenting approaches, problems,decisions,and actions. Diary will be maintained continuously throughout the project. • The quantity calculations notebook will be preliminary and will not be sufficient for the final construction cost estimate. • Engineer's Estimate of Probable Costs to Construct will be prepared using WSDOT Unit Bid Price format. • Special provisions will be prepared utilizing WSDOT specifications format. • Stormwater design will be per the Department of Ecology's Stormwater Manual for Western Washington and BIMC.The geotechnical report has been completed in Draft form. • Special provisions will be prepared utilizing WSDOT specification format. • CITY will provide their"boiler plate"format for bid package. • If traffic barrier is required along the 200-foot section on the north side of ll`h, it is assumed that standard WSDOT guardrail or concrete barrier can be installed. No structural design will be required for the traffic barrier. Skillings Connolly,Inc. Page 21 of 28 Project No.19149 City of Bremerton Washington&11th Improvements • The construction SWPPP will be completed by the selected Contractor. No SWPPP preparation is included in this scope of work and fee. Tasks: 1. Phone conference with City to discuss 30%PS&E comments. 2. Incorporate 30%PS&E comments. 3. Prepare draft stormwater drainage report: a. Incorporate findings from preliminary stormwater design technical memo. b. Prepare Draft Maintenance Plan. 4. Complete lighting design utilizing AGI 32 lighting design software. 5. Complete guardrail/traffic barrier length of need analysis for a 200-foot section along the north side of 11th. Determine traffic barrier requirements. 6. Prepare 60%design level plans as noted below. 7. Update Quantities Notebook. 8. Prepare 60%Engineer's Estimate of Probable Costs to Construct. 9. Prepare Draft GSPs and Draft Special Provisions. 10. Update Basis of Design Notebook. 11. Final coordination of Right-of-Way plans completed under Task 40. 12. Update Right of Way exhibits(2 exhibits for two properties). 13. Provide internal QA and QC and project coordination. 14. SUBCONSULTANT TSI will provide services per Task 100 and comments will be addressed. 15. Plan Submittal:The CONSULTANT will meet with City at the Public Works Department and submit the following anticipated plan sheets: Plan Sheet 60% 100% Submittal Submittal Cover with Vicinity Map and Index 1 I 1 Construction Notes 1 Horizontal Control Plan 1 1 Right-of-Way Plan(completed under Task 40) 1 1 TESC Plans& Details 7 7 Demolition Plans 5 5 Plan and Profile Sheets 5 r 5 Roadway Sections 2 2 Roadway Details _ 2 Roundabout Design Layout 1 1 Roundabout Curb Return Profiles 2 Roundabout Grading Plan 2 1 Crosswalk/Splitter Island Details 2 Roundabout Details 2 Stormwater Plan and Profile Sheets 5 5 Structure Notes Sheet 1 j 1 Stormwater Details 1 1 Miscellaneous Details !!I 2 Illumination Plans 2 I 2 Illumination Details 1 Signing Plans 3 3 Signing Specifications 1 Skillings Connolly,Inc. Page 22 of 28 Project No.19149 City of Bremerton Washington&11th Improvements Plan Sheet 60% ` 100% Submittal Submittal Signing Details 1 Pavement Marking Plan 3 3 Pavement Marking Details 1 1 Temporary Traffic Control Plans 5 5 Traffic Control Detour Plan 2 2 Deliverables: • Updated Basis of Design Notebook. • Project Manual Outline—Front in documents • Draft project specifications,amendments,and special provisions • Draft Stormwater Report • Draft Maintenance Plan • 60%Engineer's Estimate of Probable Cost to Construct • One(1)half size plans and one(1)electronic set of 60%PS&E to CITY for review. • Right-of-Way and/or Construction Easement plan sheets • Draft General Stormwater Construction Permit coverage application • Draft Quantity calculation notebook • Updated Right-of-Way and/or Construction Easement exhibits. • Updated Project Schedule Task 150—90%PS&E This effort will include addressing CITY 60%comments and advancing PS&E to a 90% level of design. Assumptions: • CITY has reviewed the 60%PS&E and have provided direction to the CONSULTANT. • CITY will provide one set of consolidated comments for the 60%PS&E. • CONSULTANT will maintain a design diary documenting approaches, problems,decisions,and actions. Diary will be maintained continuously throughout the project. • The quantity calculations notebook will be preliminary and will not be sufficient for the final construction cost estimate. • Engineer's Estimate of Probable Costs to Construct will be prepared using WSDOT Unit Bid Price format. • Special provisions will be prepared utilizing WSDOT specifications format. • Draft Contract Bid Package to contain placeholder items. Depending on when the project is advertised for construction,the documents may require updating to include the latest information just prior to advertising. • Contractor will apply and submit for the Notice of Intent(NOI)for coverage under Construction Stormwater General Permit(CSWGP)via Ecology's NOI process using the on-line application portal. Tasks: 1. Phone conference with the City to discuss 60% PS&E and comments. 2. Incorporate 60%PS&E comments. 3. Prepare final stormwater drainage report: a. Update stormwater drainage report to include changes made for the 90% PS&E. Skillings Connolly,Inc. Page 23 of 28 Project No.19149 City of Bremerton Washington&11th Improvements b. Prepare Final Maintenance Plan. 4. Prepare 90%level of plans. 5. Update Quantities Notebook. 6. Prepare 90% Engineer's Estimate of Probable Costs to Construct. 7. Prepare Draft Contract Bid Package: a. Front end documents,draft invitation to bid, proposal sheets. b. Required Federal-aid documents. c. GSPs and Special Provisions. d. State and Federal prevailing wage documents. 8. Complete Basis of Design Notebook. 9. Provide internal QA and QC and project coordination. 10. SUBCONSULTANT TSI will provide services per Task 100 and comments will be addressed. 11. Plan Submittal:The CONSULTANT will submit the following anticipated plan sheets: Plan Sheet 90% 100% Submittal Submittal Cover with Vicinity Map and Index 1 1 Construction Notes 1 1 Horizontal Control Plan 1 1 Right-of-Way Plan(Completed under Task 40) 1 ! 1 TESC Plans& Details 7 7 Demolition Plans 5 5 Plan and Profile Sheets 5 5 Roadway Sections 2 2 Roadway Details 2 2 Roundabout Design Layout 1 1 Roundabout Curb Return Profiles 2 2 Roundabout Grading Plan 1 1 Crosswalk/Splitter Island Details 2 2 Roundabout Details 2 2 1 Stormwater Plan and Profile Sheets 5 5 Structure Notes Sheet 1 ! 1 Stormwater Details 1 1 Miscellaneous Details 2 2 Illumination Plans 2 2 Illumination Details 1 1 Signing Plans 3 j 3 Signing Specifications 1 ; 1 Signing Details _ 1 1 Pavement Marking Plan 3 3 Pavement Marking Details 1 1 Temporary Traffic Control Plans 5 5 Traffic Control Detour Plan 2 2 Deliverables: • Final Basis of Design Memo Skillings Connolly,Inc. Page 24 of 28 Project No.19149 City of Bremerton Washington&11th Improvements • Final Project Manual—including project specifications, amendments,and special provisions. • Final Stormwater Report • Final Maintenance Plan • Complete General Stormwater Construction Permit coverage application • One(1) half size plans and one(1)electronic set of 90%PS&E to CITY for review. • Final Quantity calculation notebook • Draft Contract Bid Package • Updated Project Schedule. Task 160—Final Plans,Specifications,and Estimate(100%PS&E) This effort will include addressing CITY 90%comments and advancing PS&E to a 100%level of design. Assumptions: • CITY has reviewed the 90%PS&E and have provided direction to the CONSULTANT. • CITY will provide one set of consolidated comments for the 90%PS&E. • ROW lines will be delineated on the construction drawings. • Plan sheets anticipated for 100%are shown under Task 170(60%PS&E). • CONSULTANT will supply the bid proposal form for the bid package. • CONSULTANT will provide only one update to any portion of the 100%PS&E package after the initial submittal of the 100%PS&E to the CITY. • The City will submit the PS&E package to WSDOT Local Programs and coordinate to answer questions and obtain review comments. WSDOT review comments will be provided to CONSULTANT by the CITY. • An Engineer's Estimate for the Probable Cost to Construct will be prepared that lists all of the project bid items,showing contract item number,unit of measurement,estimated unit price, estimated quantity,and total estimated cost for each. o The total project cost will be shown on this estimate. o This estimate will be used as the basis of review for the lowest responsive responsible bidder. Tasks: 1. Phone conference with City to discuss 90%PS&E and comments. 2. Incorporate 90%PS&E comments. 3. Prepare 100%plans. 4. Update Quantities Notebook. 5. Prepare 100%Engineer's Estimate of Probable Costs to Construct. 6. Complete Final Basis of Design Notebook. 7. Submit package to CITY for their review and approval as necessary: a. 100%PS&E 8. Review CITY and WSDOT comments on 100%PS&E and coordinate. 9. Revise plans and specifications up to one time in response to WSDOT review comments. 10. Make minor adjustments to Bid Package(revised 100%PS&E)as reviewed by the CITY up to one time. 11. Prepare Final Design Documentation files. 12. Provide QA/QC and project coordination 13. CONSULTANT will submit the final PS&E package to the City. Skillings Connolly,Inc. Page 25 of 28 Project No.19149 City of Bremerton Washington&11th Improvements Deliverables: • Final Basis of Design Notebook • Final and signed Project Manual • Final and signed Stormwater Report • Final SWPPP • Final and signed 100% PS&E o One(1) half size plans and one(1)electronic set of 100% PS&E to CITY for review. o One(1) half size plans and one(1)electronic set of 100%PS&E to WSDOT for review. o All documents will be submitted as pdf's, Cad Files,Word Files(.docx),and Estimate in Excel. • Complete General Stormwater Construction Permit coverage application • Environmental Commitment file • Final Quantity calculation notebook • Project Schedule Task 170—Right of Way Assistance CONSULTANT will contract with Tierra Right-of-Way, subconsultant,to provide Right-of-Way assistance to address two separate parcels for the project. SCOPE OF WORK—RIGHT OF WAY Skillings Connolly has requested that Tierra Right of Way,Ltd.(Tierra)provide a scope of work and budget to review title reports and prepare a PFE and two Administrative Offer Summaries (AOS)for the City of Bremerton, Manette Bridge Roundabout (Project). This scope and budget will be amended at a later date to include acquisition services. Our budget includes, but is not limited to,the following tasks: • PROJECT KICKOFF-Tierra's Project Manager and/or Lead Senior Right of Way Agent(Tierra) to attend kick off meeting with the CITY and CONSULTANT to obtain further project background and discuss the approach or options for each property owner and tour the project site. Tierra will use WSDOT LAC FHWA approved templates which are located at http://www.wsdot.wa.gov/LocalPrograms/ROWServices/LPA-forms.htm. Other project meetings to be scheduled as needed. • TITLE—Tierra will order the necessary title commitment(s),which are necessary to confirm ownerships before offers and negotiations are conducted and prior to recording any conveyance documents.Tierra will conduct initial review of such report to assess future complications at closing and potential conflicts from utility encumbrances,etc.,that may pose obstacles or delays to the acquisition closing process. This information will be shared with the City in the form of a summary/synopses and Tierra will work with the escrow company to resolve any further action necessary. • APPRAISAL—R.F. Duncan&Associates,will prepare a PFE and two Administrative Waivers(AOS) in accordance with the City's approved Right of Way Acquisition procedures.Tierra to review prior to submitting to the City for concurrence. o Preparing and maintainingdiaries. o Preparing and providing status updates bi-weekly or per the request of the City. o Agent QA files for submittal to Project Manager. • PROJECTMANAGEMENT o Provide project management in coordination with City staff. Skillings Connolly,Inc. Page 26 of 28 Project No.19149 City of Bremerton Washington&11th Improvements o Monitor project budget and schedule. Tierra ROW Deliverables: • Attend project kickoff meeting at City office. • Title review summary reports • Review project funding estimate and appraisal waivers • Attend conference calls or meetings with the City as needed City will provide Tierra with the following prior to the commencement of any activities: • Any contact information for the property owners and occupants. • Any prior history of conversations or interactions with owners/occupants. • Purpose of project. • The City will decide which encumbrances need to be cleared.This may involve a discussion of risk as related to existing Deeds of Trust and/or other monetary encumbrances. • Right of Way Plan sheets. • Legal description and parcel map exhibits. • Provide the project schedule. The ROW deliverable hours and cost provided contain the following assumptions: • All mileage expenses will be invoiced to the Client at the IRS established rate on the day the expense was incurred.We have provided an estimate in our Cost Proposal of mileage anticipated to be utilized during the Project.Actual mileage may be more or less than what is estimated herein. • Any delay in project design or design changes will delay Tierra's project schedule. • Any changes in plans that impact the acquisition area after appraisal has commenced will result in a price increase and a delay in the project schedule. • If any additional parcels or work is required that is not identified in this scope of work, an amendment would be required. • No relocation services are required. • The price does not include escrow or recording fees,survey,the development of legal descriptions,exhibits, negotiations, or actual acquisition of ROW.Those items and fees will be provided by others and separately contracted for. • These services will be provided in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(the Uniform Act) (49 CFR Part 24)as well as the statutes found in Chapter RCW 8.26. and Washington State law,specifically Chapter 8.26 of the Revised Code of Washington(RCW). • Any significant delay, more than six(6) months, in the project schedule after this portion of the work is complete could require a request for updated title reports and valuations. CONSULTANT will complete the following tasks in support of the right-of-way assistance task: Tasks: 1. CONSULTANT will provide coordination and review of the right of way assistance task. END SCOPE OF WORK Skillings Connolly,Inc. Page 27 of 28 Project No.19149 City of Bremerton Washington&11th Improvements Additional Services that will be scoped by the CONSULTANT if requested by the CITY. These services will be negotiated separately as a supplement to this Agreement. • Additional Right-of-Way Assistance not included in this scope. • Bidding Support Services. • Construction Support Services including inspections. Skillings Connolly, Inc. Page 28 of 28 Project No. 19149 City of Bremerton Washington&11th Improvements Exhibit B DBE Participation See attached UDBE Participation Plan Agreement Number: Exhibit B-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 C- CON MOLLY 5016 Lacey Boulevard SE.Lacey,Washington 98503 (360)491-3399 (8001454-7546 Fax(3601491.3857 www.akillings.com UDBE INCLUSION PLAN CITY OF BREMERTON WASHINGTON& 11TH IMPROVEMENTS PROJECT CITY PROJECT NO.315026 Prime Consultant Name: Skillings Connolly, Inc. Submittal Date: October 25, 2019 Contract Voluntary UBE goal: UDBE Participation 9% UDBE: HWA GeoSciences, Inc. 1 Alliance Geometrics 1. CITY PROJECT NO.315026 2. Statement of Commitment Skillings Connolly, Inc. (Skillings) is committed to following Federal Highway Administration's (FHWA) UDBE participation requirements and ensuring Skillings, at a minimum, meets said requirements and implement business practices that promote and help sustain small business growth. 3. Mission Statement Skillings strives to ensure small business enterprises are given the maximum opportunity to participate in FHWA construction projects. We accomplish this by following our normal business practices of community outreach, mentoring,and subcontracting when needed. 4. UDBE Plan Implementation: Skillings is owned by Thomas E. Skillings, PE (President)and Laura L. Skillings (Chief Financial Officer), who ensure that the practices and reporting address FHWA's requirements. 5. UDBE Methodology: Skillings adheres to the following company practices: a. We determine UDBE opportunities are made available at all levels of work. b. We personally invite UDBE's to attend pre-bid meetings and walk-throughs applicable to the project. c. We identify specific scopes of work, schedules, and budgets. d. We broaden our base of subcontractors by building and maintain relationships with UDBEs for current and future projects, and occasionally subcontracting opportunities to UDBEs for which our firm would normally self-perform. 6. Staff Training: Skillings provides the following training procedures in respect to UDBEs: a. We communicate our UDBE policies and procedures to all relevant staff. UDBE Inclusion Plan Page 1 of 2 October 25,2019 rySKILLINGSLY CONMOL 5016 Lacoy Boulevard SE.Lacoy,Washington 98503 1360)491.3398 18001454.7545 Fax(360)491-3857 www.skillings.com b. Our management team monitors and supports each UDBE as necessary, as to who may need this training and on which topics. 7. Prompt Payment: Skillings process for monitoring and ensuring prompt payment to subconsultants is based on payment from Client to Skillings, a condition precedent for payment by Skillings to subconsultant. Unless otherwise required by law, payment for approved invoice amounts will be made by Skillings to Subconsultant within 10-days of receipt by Skillings of payment from Client. 8. Conflict/Dispute Resolution Thomas E. Skillings, PE (President)and Patrick E. Skillings, PMP (Vice President) are responsible for the prompt resolution if a dispute arises. We will work in good faith to settle or compromise all disputes, controversies, or differences which arise or relate to this project agreement by means of amicable meetings and discussions. 9. Maximize UDBE Participation Skillings will carefully review all project solicitations and determine the maximum of UDBEs, if any, who can be invited on the project team. UDBEs will be personally contacted and requested to provide firm data which will be delivered using either email,fax, or direct phone calls. Skillings has assigned staff to review the subconsultant qualification process. 10. Identified UDBE UDBE Firm Name Agreement Amount HWA GeoSciences, Inc. $51,692 1 Alliance Geomatics Surveying&Mapping $98,773 UDBE Inclusion Plan Page 2 of 2 October 25,2019 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency.The format and standards to be provided may include, but are not limited to,the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data Basemap in AutoCAD Civil 3D 2019 B. Roadway Design Files Plans in Autocad Civil 3D 2019 and PDF C. Computer Aided Drafting Files Plans in Autocad Civil 3D 2019 and PDF Agreement Number: Exhibit C-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 4 D. Specify the Agency's Right to Review Product with the Consultant Unrestricted E. Specify the Electronic Deliverables to Be Provided to the Agency GIS files showing existing utilities. Word files with contract and division 1 special provisions F. Specify What Agency Furnished Services and Information Is to Be Provided GIS files showing existing utilities. Word files with contract and division 1 special provisions Agreement Number: Exhibit C-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 2 of 4 II. Any Other Electronic Files to Be Provided None III. Methods to Electronically Exchange Data Skillings Connolly FTP Site, Flash Drive,Email (if under 10MB). Exhibit C-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 3 of 4 A. Agency Software Suite NA B. Electronic Messaging System NA C. File Transfers Format Native File Format Exhibit C-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 4 of 4 Exhibit D Prime Consultant Cost Computations See Attached Prime Consultant Computations Agreement Number: Exhibit D-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 EXHIBIT D-1 CONSULTANT COST COMPUTATION-MAN-HOURS PROJECT NO.19149 CITY OF BREMERTON p A m N Q O n WASHINGTON&11TH IMPROVEMENTS czi O O z v -+ 'S N 3 t7 CITY PROJECT NO.315026 D = 55 T = y c m C Z FEDERAL AID N0.STPUL-9918(017) 2 z --I z 0, z D z D z y o h z' z n rn v y 6, ClGl H z A "4 -4 - D CI m ? y O O O F Z 2 A CI M m J r N N TASK 9 TASK DESCRIPTION 10 PROJECT MANAGEMENT 1 Prepare Project Management Plan. 1 6 I - Prepare and maintain Project Work Plan with two-week 2 20 lookaheads. Develop a Project Schedule for the completion of the one 3 hundred percent(100%)PS&E and provide up to four(4) 12 2 updates. Schedule to include critical path and milestones. - Schedule,prepare for,and take part in bi-weekly phone 4 communications with the CITY. Estimated at 40 phone 18 8 meetings. In addition to weekly phone meetings,the Consultant will attend face-to-face meetings with City staff to 5 address complex design or coordination issues. 20 12 Estimated at five(5)face-to-face meetings to be held at the City of Bremerton Public Works Department. 6 Provide in-house team coordination and work plan 8 30 30 15 meetings. 7 Management Subconsultants. 6 24 4 Prepare monthly billings with progress reports and 8 include monthly billings with progress reports and 11 22 include monthly Earned Value reports. 20 KICK-OFF MEETING .-- 1 1 Project kick-off meeting and site visit 4 4 30 PUBLIC OUTREACH/INVOLVEMENT 1 Coordination phone calls with City,estimated at three(3) 2 2 calls. 2 Attend two(2)public outreach events(two Consultant 10 10 staff). 3 Prepare open-house display materials for two(2)public 2 2 outreach events. Materials to include: a Conceptual improvement plan views-2 display boards. 2 8 S b Three(3)cross section renderings-1 display board. 2 16 5 One(1)3D rendering of the roundabout improvements- c 1 display board. 2 24 5 d One(1)3D rendering of the 11th roadway improvements 2 24 5 -1 display board. e Roll Plot of project for Citizen input and markup. 1 2 Update public meeting drawings noted as items a,b,c,d, 4 2 4 12 2 and e above with current design for 2nd public meeting. 40 SURVEYING AND MAPPING 1 Consultant will provide coordination and review services 2 4 of the topographic survey. 50 UTILITY POTHOLING 1 Consultant will mark out pothole locations 1 4 2 Consultant will review the written field reports. 1 4 60 GEOTECHNICAL INVESTIGATIONS 1 Consultant will review the draft geotechnical report. 1 4 70 ENVIRONMENTAL-AREA OF POTENTIAL EFFECTS(APE) 1 Submit APE to City for review to submittal to WSDOT. 1 1 4 2 Submit the APE to WSDOT Local Programs for 1 �I 2 consultation with DAHP. Provide sufficient documentation of how the APE was 3 2 6 defined. 4 Respond to WSDOT/DAHP questions. 1 4 • 80 ENVIRONMENTAL-NHPA SECTION 106 EVALUATION •• Consultant will review the Section 106 documents. 2 4 90 PROJECT INFORMATION SUPPORT TO CITY CONSULTANT will provide project specific information 1 3 derived from the civil design to the City. 100 TRAFFIC ANALYSIS/MODELING PROJECT NO.19149 a CITY OF BREMERTON z v -0 p ,,, O o n WASHINGTON&11TH IMPROVEMENTS n O O 2 D. � 4 v, 3 0 CITY PROJECT NO,315026 n y ^— A i n c c z p FEDERAL AID NO.STPUL-9918(017) Z 3 Z 2 0 n z D z - - y O n Gl sx 4 2 p m D r D n C) 2 z 2 -1 -i A 71 -'i -1 D G1 rn 2 yr 2 0 O 0 ti -a GI A A D N t2 i, TASK# TASK DESCRIPTION Consultant will provide coordination and review of the 1 traffic analysis,modeling,and geometric layout of the 2 4 roundabout. 110 UTILITIES COORDINATION Review As-Builts and enter information into project 1 4 12 AutoCAD base map. 7 Attend one(1)site meeting with all four(4)utility 5 6 companies. Review utility location information with the Design 3 1 4 discipline lead. 4 Contact utility companies to verify utility locations and 8 depths. S Review the utility provided concept design and provide a 8 feedback to the design team on conflicts with utilities. 6 Verify schedule for relocations/removals with four(4) 4 utility companies. 7 Provide Final Utility Coordination. 2 16 120 GEOMETRIC LAYOUT ROUNDABOUT/ROADWAY DESIGN + Set up a Draft Basis of Design Notebook summarizing key design elements and decisions for the roundabout design 1 at the intersection of the Manette Bridge&Washington 2 8 St and the roadway improvements along Washington and 11th. Prepare conceptual plans including the geometric layout of the project hard improvements with proposed 2 pavement marking and general roadway cross sections. 8 40 32 TSI will provide design support under Task 40 for the roundabout geometrics.4 plan sheets. Coordinate with the City to establish the design vehicle for all movements at the roundabout location. Auto 3 1 8 Turn design software will be utilized to evaluate preliminary truck turning paths. The CONSULTANT will evaluate pedestrian and bicycle routes and develop concepts for tie-in locations to 4 adjacent facilities. Preliminary evaluation will be made 1 8 8 to determine if ADA compliance challenges exist along pedestrian routes. S Submit geometric layouts to the City for review. 1 1 The CONSULTANT will address city comments and update the geometric layout plans. It is assumed that initial comments will be received at the meeting with one 6 2 10 '_6 follow up set of comments delivered to CONSULTANT. Effort includes assumption of time to address comments. 130 30%PS&E 1.Site visit to verify topographic survey and 1 coordination with survey SUBCONSULTANT to address 8 any concerns. 2 Update Basis of Design Notebook. 1 4 3 Prepare preliminary stormwater/water quality design: a Determine project limits and assess threshold discharge 2 2 areas(TDA). Determine area totals for existing pervious and b 4 2 impervious areas,new and replaced surfaces. Assess applicability of overall Minimum Requirements c and individual thresholds for LID,water quality,and flow 4 control. PROJECT NO.19149 v CITY OF BREMERTON x, z 'z m �, o O a WASHINGTON&11TH IMPROVEMENTS n Q O 2 y E 3 c7 CITY PROJECT NO.315026 D = a T = D C ^�' C A FEDERAL AID NO.STPUL-9918(017) z z 1 z r z y z ^—Fi � z Q n Z o cn 'S z —y 'GS D H D D 1 --, -4 z p -i 1 f. 0 D c, z 2 o 0 o v m -i y z N A CI A A r- TASK# TASK DESCRIPTION d Select and implement preliminary design of BMPs for LID, 4 water quality,and flow control. e Determine design storm for conveyance calculations and 1 sizing. f Document findings in preliminary stormwater technical 2 12 4 memo. Prepare design markups for preliminary stormwater 2 8 g layouts 4 Assess details of pedestrian access routes,ADA 2 8 2 compliance,and driveway access locations 5 Design preliminary illumination. 2 8 6 Prepare preliminary plans. 10 40 70 7 Prepare preliminary Quantities Notebook. 4 8 Prepare 30%Engineer's Estimate of Probable Cost to 2 8 Construct. 9 Prepare outline of project specifications and special 1 8 provisions. 10 Coordinate preparation of Right-of-Way Plans under Task 4 40 Assess potential Right-of-Way impacts. Assume 11 preparation of preliminary Right of Way exhibits(2 1 4 8 exhibits for 2 properties). 12 Provide internal QA/QC and project coordination. 2 8 8 13 TSI will provide a peer review of plans(under Task 100) 4 4 and address comments. 14 Submit plan sheets to Client for review. 2 4 1 140 60%PS&E 1 Phone conference with City to discuss 30%comments. 1 1 2 Incorporate 30%PS&E comments. 4 16 24 3 Prepare draft stormwater drainage report: a Incorporate findings from preliminary stormwater design 2 16 8 technical memo. b Prepare Draft Maintenance Plan. 1 8 4 Complete lighting design utilizing AGI 32 lighting design 2 8 software. Complete guardrail/traffic barrier length of need analysis 5 for a 200-foot section along the northside of 11th. 1 4 Determine traffic barrier requirements. 6 Prepare 60%level plans. 16 122 230 7 Update Quantities Notebook. 1 8 8 Prepare 60%Engineer's Estimate of Probable Costs to 1 8 Construct. 9 Prepare Draft GSPs and Draft Special Provisions. 2 16 10 Update Basis Design Notebook, 2 4 11 Final coordination of Right-of-Way Plans under Task 40 4 12 Update Right of Way and Construction Easement exhibits 1 2 4 (2 Exhibits) 13 Provide internal QA/QC and project coordination. 2 8 16 14 1-51 will provide a peer review of plans(under Task 100) 4 4 address comments Meet with City at the Public Works Department and 15 S 5 1 1 submit 60%plans. 150 90%PS&E 1 Phone conference with City to discuss 60%comments. 1 1 2 Incorporate 60%PS&E comments. 4 16 32 3 Prepare final stormwater drainage report: Update stormwater drainage report to include changes a made for the 90%PS&E. 2 16 8 b Prepare Final Maintenance Plan. 1 4 4 Prepare 90%level of plans. 20 118 209 PROJECT NO.19149 v CITY OF BREMERTON A A p J0 o O a WASHINGTON&11TH IMPROVEMENTS n O Q z D E 3 3 CITY PROJECT NO.315026 i.D ^— a = a c C z FEDERAL AID NO.STPUL-9918(017) z 0 n z D z a s Z z : z r� n 2 E z y G1 D in D D -I Z a 2 -I , -I ZX. '� -� ti a L1 m -1 -4 2 Z 22 CI a M a v: v TASK 6 TASK DESCRIPTION 5 Update Quantities Notebook. 1 8 6 Update 90%Engineer's Estimate of Probable Costs to 2 8 Construct. 7 Prepare Draft Contract Bid Package: a Front end documents,draft invitation to bid,proposal 4 8 sheets. b Required Federal-aid documents. 4 c GSPs and Special Provisions. 4 30 d State and Federal prevailing wage documents. 4 8 Complete Basis of Design Notebook. 2 4 9 Provide internal OA/QC and project coordination. 2 8 20 10 TSI will provide a peer review of plans{under Task 100) 1 4 4 and address comments. 11 Submit 90%plans to City. 2 2 1 1 160 FINAL PLANS,SPECIFICATIONS,AND ESTIMATE(100% PS&E) 1 Phone conference with City to discuss 90%PS&E and 1 1 comments, 2 Incorporate 90%PS&E comments. 4 8 16 3 Prepare 100%plans. 16 32 40 4 Update Quantities Notebook. 1 2 S Prepare 100%Engineer's Estimate of Probable Costs to 1 4 Construct. 6 Complete Basis of Design Notebook. 1 2 7 Submit package to City for their review and approval as 1 2 1 necessary: a 100%PS&E. 8 Review City and WSDOT comments on 100%PS&E and 2 4 coordinate. 9 Revise plans and specifications up to one time in 2 8 8 response to WSDOT review comments. Make minor adjustments to Bid Package(revised 100% 10 2 8 8 PS&E)as reviewed by the City up to one time. 11 Prepare Final Design Documentation files. 1 4 2 12 Provide internal QA/QC and project coordination. 2 6 8 13 Consultant will submit the final PS&E to the City 1 2 1 1 170 RIGHT OF WAY ASSISTANCE 1 Consultant coordination and review. 3 4 HOURS PER DISCIPLINE 23 386 940 4 20 850 14 22 34 EXHIBIT D-2 CONSULTANT COST COMPUTATION-SUMMARY NEGOTIATED HOURLY RATE(NHR): Classification Man Hours X Rate = Cost PRINCIPAL-IN•CHARGE 23 x $217.88 = $5,011.19 PROJECT MANAGER 386 x $178.45 = $68,882.53 PROJECT ENGINEER 940 x $110.67 = $104,027.92 SR ENVIRONMENTAL SCIENTIST 4 x $110.67 = $442.67 STAFF SCIENTIST 20 x $83.00 = $1,660.02 TECHNICIAN 850 x $99.60 = $84,661.02 COMMUNICATIONS MANAGER 14 x $186.22 = $2,607.08 COMMUNICATIONS SPECIALIST 22 x $138.34 = $3,043.37 PROJECT ADMINISTRATOR 34 x $107.90 = $3,668.64 Total Hours= 2293 Total NHR= $274,004.44 REIMBURSABLES: Mileage 1,900 X $0.580 = $1,102.00 Miscellaneous Expenses $1,100.00 x 0% = $1,100.00 SUB TOTAL Reimbursables= $2,202.00 SUBCONSULTANT COST(See Exhibit E): HWA GeoSciences,Inc. $51,692.00 X 0% _ $51,692.00 APS,Inc. $11,879.00 X 0% = $11,879.00 Tierra Right of Way $6,420.72 X 0% _ $6,420.72 Tierra Section 106 $9,127.00 X 0% _ $9,127.00 lAlliance $98,773.00 X 0% = $98,773.00 TSI $43,016.01 X 0% _ $43,016.01 SUB TOTAL Subconsultants= $220,907.73 MANAGEMENT RESERVE FUND SUB TOTAL $497,114.17 x 0% _ $32,885.83 GRAND TOTAL GRAND TOTAL = 0)04402 PREPARED BY: Bill Lindauer,PE DATE: 11/26/2019 REVIEWED BY: Ian Lee,PE DATE: 11/26/2019 EXHIBIT D-3 CONSULTANT COST COMPUTATION-EXPENSES Item Description Basis Quantity 1 Rate I Total 1 Telephone Month ! $0.00 r 2 Auto Rental Each $0.00 3 Lodging Day I $0.00 4 Per Diem-Meal Day i $0.00 5 Photo Copies-Bik&White Each I 1 $0.10 $0.00 6 Photo Copies-Color Each --' $0.35 $0.00 7 Half Sized Prints Each ; -- _. 050„-_---- - $0.00 8 Full Sized Prints Each I $6.00 $0.00 9 Postage Month I I $0.00 10 Shipping Month 1 $0.00 11 FAXs Each I $0.00 12 Reimbursable Expenses Esimated $1,100.00 $1,100.00 13 Miscellaneous Survey Costs Estimated 1 $0.00 14 Traffic Control Estimated 1 -- $0.00 Total Reimbursables(shipping,copies,ect.) Expenses' $1,100.00 Mileage Per Mile 1900 0.580 $1,102.00 Total Expenses j $2,202.00 Assumptions _ 1 Telephone Estimated 2 Auto Rental Estimated trips 3 Mileage Estimated miles 4 Lodging 5 Per Diem-Meal 6 Photo Copies Blk&White Estimated 7 Photo Copies-Colored Estimated 8 Half Sized Prints 9 Full Sized Prints 10 Postage Estimated 11 Shipping Estimated 12 FAXs Estimated 13 Miscellaneous Project Costs Estimated 14 Miscellaneous Survey Costs Estimated 15 Purchase Order Estimated f , Prepared by: Bill Lindauer,PE November 26,2019 Washington State Transportation Budding 1 Department of'Transportation 310 Maple Park Avenue S.E. P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov June 26, 2019 Skillings Connolly, Inc. 5016 Lacey Blvd SE Lacey, WA 98503 Subject: Acceptance FYE 2018 ICR—Audit Office Review Dear Alysa Cushman: Transmitted herewith is the WSDOT Audit Office's memo of"Acceptance" of your firm's FYE 2018 Indirect Cost Rate (ICR) of 146.67% of direct labor (rate includes 0.27% Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at(360)705-7019 or via email co n s u lta n t ra tesAwsd o t.w a.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance 1CR Audit Office Review 0) 6) U) U) 0 6) Nom- N o M 0 0 0 I- o V' o N N 0 0 0 N b0 CO O CO V r co co O 0 r- co 6) CO N co Cfl CD (0 co N 6 > E W N V 6) 00 00 W O Nf M O O CD [D M U) M U) CD (V O 6) N I` d' co6) 00 _N Eft O rt co 00 co O M CO N 6) O CB Z N N (ft Eft S Eft S Eft �- Eft(ft Eft (R (A (ft t Eft (A (ft Eft (ft ER el Eft Eft (ft Eft U T C Q 0 M M Co (n Eo 0 CC) 0 0 (D0 0 0 0 0 0) 0 0 0 0 0 0 0 O r- M M M M CD O N O N O N M (D .,- (00 0 0 0 0 0 M N r- 6) 6) U) N O 6) M O r U) U) co U) 0 0 0 0 0 0 LL w Q N N N N Eft tft Eft N Eft fft Eft fA Eft Eft WO EA (A (A EA (A (A E13 69- (ft Eft Eft Eft Eft Eft z o LL O N - I- O O O N fes- N- O M O o O N - d' O I- N- 0 0 0 (13 o CO CO E() d' Ni V" U) CC) O 4 V' O N Ni N 00 M Cfl O 6) N O N * N- - CD O 0) 6) I,- O U) rt t CO (A U) N- M 6) N CD CO V' N- U) U) ▪ LU up Eft EA (f3 T- Eft Eft Eft EA (ft (ft Eft(ft Eft EA EA Eft EA Eft(ft L F- CO EA EA Eft (A ✓ Z C, c1 o z U) Eo U) O CD O (C) 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 QN Eo U) o N o o O O O 0 O CO 0 0 0 O O O U) +.+ R) 00 M N V rY N O V 0 d' O 6) N N O N U) V' 6) N U OC (E t� I,- N (D CD LON.- V' M M V Eft M 6 N Co U) N' u) M U) co M U Q) W Eft Eft Eft Eft (A Eft Eft () Eft (A (. (ft (ft Eft Eft Eft (A Eft (ft Eft Eft (ft QI Z Z L L' - 2 0 . (nM oXz CO <Y J O MO J g -0 LU / W '4 �g� +� N$2 #k mL'1 ) K{rlb 3t # f if.t a..+ • 1 t u � z m X tY O wu LU CO U U O NL N Q z `° Q O C J p z Q ul U C 0 45 (13 (a U 4- LU (n U W - O F O ¢ WW H w w w -) ¢ c9 ¢ O cc o z O Z ¢ O ¢ ¢ ¢ w w - Zw � H [n W -c9 , O (q c1 W w W � En � - ma wwwow � ¢ = UOUz QUZU)) z W W zzzzw z W U W ¢ W F W W W z z O O >_ Q z < Oz WOUZdS z ¢ a `tz o ~ - 0 0 o z w w cnw zz — c) c) 5 ¢ � � ¢ H wZ ww — rr O aaU• avWzWUcvD n Ut) UWDDOr >" U5.2 OOWOWZ � OwLLi :) LLWiZ H L1JI Z zzozo0 > zo ¢ w <r ¢ cOCD1E OCan- O Ei- wwwcczzuJI-- i— ccwzoo ,, DDwo a V) a U) a W w U) a v) U) 1— H F— w O U if (n U) Z a ¢ Exhibit E Sub-consultant Cost Computations See attached Sub-Consultant Cost Computations 1 Alliance Geomatics Surveying&Mapping HWA GeoSciences,Inc. Tierra ROW Tierra Cultural Transportation Solutions, Inc. Applied Professional Services Inc. Agreement Number: Exhibit E-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 o 0 01 m m o 0 N n U LO o m to oN Ni Ln h Lb n .. O 0 M O .0 2 to,n N- N N Vl N N `^ O C/ rn en N m m CO ° O. S Q O O O 0 in 0 30 V 0 C tD USW Y co A E E E a an. in v ;' 41 0- 0 0 0 N o 0 n . Q Q t0 N .0 n N M O N .. 01 H V C in 11 V) N to to L.A. 0 E _ o cu CL, n tel to U t 0 ° o L' 0 0 0 00 > y, O O z u C OV . Q Q +i v 0, o v b . ` f0 G w C ro vL _ F- ,-- ,n = LL O � p t .n in tO 0. t+ o o— Ni 7 crr.5 O t.- .n H O 'CI000 00 z C fOJ M n m 0 O C exvC s it ..- t- a O. cc ma, i03 V CC 0 0 1,/ s _ M 0 o Ni CO 0 01 tn Q m LL. v in in ,n ,n on .n in LL. 7 — Q o m ° `v a`, a t t- O ¢ 0 0 v E o en LO CO CO n m N ? a L o - Q C O O N z m O CO CO n 8- .. n. V N m m V m v w 4 v) an 2 2 O co m m en c ,0 o .. _ 0 0o O N V a NI i0 N .n O C Ni N N N W C O Ol n O I� O •-+ M en 0 M0. m e. Ln ro o n >. C N O V °i 03 Cf N o Q: fit O0 0 at a g o 2 n 2 N N N N N n U N +/• O N N tiN N O o e No 0 in To 8 c, + On a N N°t O1 r Z co ` _ O 0_ T no W IA m 0• W gz o ? o3V ZUa Dx o mO _ n to ' I- o Q Q a C N2 N_ I.1. F L 0Q V 0� Z Z ¢ 75 ~ Z < 2 .> t o v v• JO c/' W o to Y t W V cc w of o Q > v v o v 'E z.,- 1... Z 1�' -4' C v 2 o > ! 0 3 c v 0 o i. X D o o m m ~ > > ," 0 m 0 `^ v o c v w L rn c i tO v v c 0 01 L- ui m N O H .� .-I .y ri ri .i .. O 0 L z 118.0. Washington State Transportation Building tel/ Department of Transportation 310 P.O.Box147300 e Park Avenue S.E. Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov July 16, 2019 1 Alliance Geomatics 1261A-120th Avenue NE Bellevue, WA 98005 Subject: Acceptance FYE 2018 ICR—Audit Office Review Dear Michael Paradis: Transmitted herewith is the WSDOT Audit Office's memo of"Acceptance" of your firm's FYE 2018 Indirect Cost Rate (ICR)of 157.22%of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at(360)705-7019 or via email con su ltan tratesnwsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR Audit Office Review • Ol ' ..1- O q) O W E- ..' 0 EA 0 0 0 0 0 0 0 0 0 0 0 0 ;- 0 0 0 0 �o oO o v.. in EA w w 49 EA Es (A ni w `A OA w Z m v NO E O j o_ u O ,„Egfe _ , 8 ._ a N E s ..1 {iM M N . O Q N 'O E. 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ON Nuw w 3 s d w o �7 8, .3 o o .44ov c i 4 F y 3 o- : o Wr o m a a 35 u a c `o V c C o a m .i w A E -6 9 d 'c a w o o a > w F ".. u o u 8 w o o. atm °o » et oo .E c S v v o E 8 U p 3 H w T Cw 7 L w 0. y Gw C. 0,5 O R g .1q .w.. q O 3 ¢ w a R.� d'p C I.4 _ 0 C 0 U u u 5 -F v,p y V W E O `wON LD.c .0.w8 d.5 7 Q4'- z C7 0` v a E, m 1-a 0 401h► WO Washington State Transportation Building Department of Transportation 310 Maple Park Avenue S.E. P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov June 18, 2019 HWA GeoSciences, Inc. 21312 30th Drive SE, Suite 110 Bothell, WA 98021 Subject: Acceptance FYE 2018 ICR—CPA Report Dear Vasiliy Babko: We have accepted your firms FYE 2018 Indirect Cost Rate (ICR) of 175.44%of direct labor(rate includes 0.39%Facilities Capital Cost of Money)based on the"Independent CPA Report," prepared by T-Max CPA. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at(360) 705-7019 or via email consultantrates(a�wsdot.wa.gov. Regards; Rpre: Jonson,Erik .. Jun 19 2019 1:04 PM cosign ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR CPA Report HWA GEOSCIENCES,INC. STATEMENT OF DIRECT LABOR,FRINGE BENEFITS,AND GENERAL OVERHEAD FOR THE YEAR ENDED DECEMBER 31,2018 GL Account Unallowable Total %of Direct Description Balance Costs FAR Ref Proposed Labor Direct Labor $ 1,318,494 $ - $ 1,318,494 .... _..... _.. .... Fringe Benefits: Bonuses $ 86,395 $ - $ 86,395 PTO 276,310 - 276,310 401 k 69,052 - 69,052 Employee group insurance 183,329 - 183,329 Workers'comp 6,574 - 6,574 Payroll taxes 169,173 (1,361) (1) 167,812 Other employee benefits 5,062 - 5,062 Total Fringe Benefits $ 795,895 $ (1,361) $ 794,534 60.26% General Overhead: Indirect labor $ 657,070 $ (30,216) (2) $ 626,854 Bid and proposals 64,771 - 64,771 Automobile expense 19,49119,491 Advertising and marketing 34,750 (34,750) (2) - Bank service charges 2,638 - 2,638 Contributions 1,095 (1,095) (3) - Computer and software expenses 107.268 - 107,268 Depreciation and amortization 42,048 - 42,048 Dues and subscriptions 5,155 - 5,155 Insurance 103,347 - 103,347 Interest 18,585 (18,585) (4)(5) - Maintenance and repairs 11,834 - 11,834 Meals and entertainment 3,712 (184) (6) 3,528 Office supplies and postage 18,752 (26) (7) 18,726 Printing 17,852 - 17,852 Professional fees 59,938 (1,215) (8) 58,723 Seminars and professional education 29,507 (2,073) (6)(9)(10) 27,434 Supplies 45,184 - 45,184 Rent and utilities 260,805 - 260,805 Taxes and licenses 165,185 (81,400) (5)(11) 83,785 Telecommunications 44,086 (34) (5) 44,052 Travel 9,164 (1,449) (6)(9)(10) 7,715 Recovery (24,376) (13,313) (12) (37,689) Total General Overhead $ 1,697,861 $ (184,340) $ 1,513,521 114.79% Total Fringe Benefits and General Overhead $ 2,493,756 $ (185,701) $ 2,308,055 175.05% Facilities Capital Cost of Money(FCCM) $ 5,111 0.39% See notes to the indirect cost statement. Page I 3 I1WA GEOSCIENCES,INC. DESCRIPTION OF FAR REFERENCES FOR THE YEAR ENDED DECEMBER 31,2018 (1) 31.201-6(a)Accounting for unallowable costs-When an unallowable cost is incurred,its directly associated costs are also unallowable. (2) 31.205-1(1)(I)Public relations and advertising costs-All public relations and advertising costs whose primary purpose is to promote the sale of products or services by stimulating interest in a product or product line,or by disseminating messages calling favorable attention to the contractor for purposes of enhancing the company image to sell the company's products or services are unallowable. (3) 31.205-8 Contributions or donations-Contributions or donations,including cash,property and services,regardless of recipient,are unallowable. (4) 31.205-20-Interest and other financial costs-Interest on borrowings(however represented)are unallowable. (5) 31.205-15(a)Fines,penalties,and mischarging costs-Costs of fines and penalties resulting from violations of,or failure of the contractor to comply with,Federal,State,local,or foreign laws and regulations,are unallowable. (6) 31.205-14 Entertainment costs—Costs of amusement,diversions,social activities,and any directly associated costs such as tickets to shows or sports events,meals,lodging,rentals,transportation,and gratuities are unallowable. (7) 31.205-13(b)Employee morale,health,welfare,food service,and dormitory costs and credits-Costs of gifts are unallowable, (8) 31.202(a)Direct costs-Direct costs of the contract shall be charged directly to the contract. (9) 31.201-2(d)Determining allowability-Costs not supported with documentation are unallowable. (10)31.205-51 Costs of alcoholic beverages-Costs of alcoholic beverages are unallowable. (11) 31.205-41(b)(7)Taxes-Income tax accruals designed to account for the tax effects of differences between taxable income and pretax income as reflected by the books ofaccount and financial statements are unallowable. (12) 31.201-1(a)Composition of total costs-Costs unrelated to labor based contracts should be eliminated from the overhead calculation. Page I 4 EXHIBIT E-3 SUBCONSULTANT COST COMPUTATION-SUMMARY TIERRA RIGHT OF WAY TITLE SERVICES AND APPRAISAL SERVICES CONSULTANT FEE DETERMINATION - SUMMARY OF PROJECT COSTS Tierra Right of Way Services, Ltd. City of Bremerton, Manette Bridge Direct Labor Classification Hours Salary OH Fixed Fee Total Total Amount Project Management. Title Review Direct Rate 124.47% 30.00% Billing Rate Division Manager 1.00 $ 62.69 $ 78.03 $ 18.81 $ 159.53 $ 159.53 ROW Division Manager 4.00 $ 52.88 $ 65.82 $ 15.86 $ 134.56 $ 538.25 Project Manager 8.00 $ 43.26 $ 53.85 $ 12.98 $ 110.08 $ 880.67 Senior Right of Way Agent 8.00 $ 38.50 $ 47.92 $ 11.55 $ 97.97 $ 783.77 Administrative Assistant 0.00 $ 19.50 $ 24.27 $ 5.85 $ 49.62 $ - Right of Way Technician 0.00 $ 25.00 $ 31.12 $ 7.50 $ 63.62 $ - 21.00 $ 2,362.22 Direct Reimbursables Travel(Mileage): 100 Miles $ 0.585 $ 58.50 Travel (Lodging:) - Night $ - $ - Travel (Meals:) - Daily $ - $ - Postage Total $ Toll - Each trip $ - $ - Reproduction- 8.5" x 11" - Pages $ - $ - Reproduction- 11"x 17" Total $ - Reproduction- 24"x 36" - Sheets $ - $ - Direct Reimbursables Subtotal: $ 58.50 Subcontracted Services Appraisal Services Appraisal Services - $ - $ 3,000.00 Title Services 2 $ 500.00 $ 1,000.00 Subcontracted Work Subtotal: $ 4,000.00 Total Maximum Amount Payable $ 6,420.72 Task Order Total Maximum -Rounded $ 6,420.72 EXHIBIT E-4 SUBCONSULTANT COST COMPUTATION-SUMMARY TIERRA RIGHT OF WAY CULTURAL RESOURCES COSTS Bremerton 11th and Washington Avenue I Tierra Right of Way-HOURLY ESTIMATE Project TOTAL WORK ELEMENT PM PI Archaeologi Crew Chief field tech Editor GIS Analyst TOTAL Amount st HOURS (Direct) Hushour Schultze Parvey Klem Schumache Murray D'Elia Direct Labor Rate $40.86 $34.13 $30.00 $27.50 $26.00 $31.00 $19.00 TASK 1:Cultural Survey 1.1 PM,Tribal,Agency coordination 102 12 1.2 Background Review 4 16 2 22 1.3 Preliminary historic property inventory 10 10 1.4 Field survey 1 1 10 10 2 24 1.5 i Report Wilting 1 8 32 8 4 53 GRAND TOTAL HOURS 12 15 0 68 10 88 121 $3,532.27 Total direct $490.32 $511.95 $0.00 $1,870.00 $260.00 $248.00 $152.00 Direct Labor Sub-total Cost $3,532 $0 Direct Labor Total Cost $3,532 Overhead Cost 124.47% $4,397 Direct Salary Plus Overhead $7,929 Fee at 30.00% $1,060 Total Labor Cost $8,989 Direct Expenses: Mileage(150 8/0.585) 588 $87.75 Trimble $50 $50.00 Total Direct Expenses $138 Total Estimate $9,127 8 Washington State Transportation Building Department of Transportation 310 Maple Park Avenue S.E. P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov August 9, 2019 Tierra Right of Way, Ltd 1575 E. River Road, Suite 201 Tuscon, AZ 85718 Subject: Acceptance FYE 2018 ICR—Risk Assessment Review Dear Keith Ganske: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2018 ICR of 124.47% of direct labor(rate includes 0.60% Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at(360)705-7019 or via email consultan t rates(a,wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR Audit Office Review EXHIBIT E-5 SUBCONSULTANT COST COMPUTATION-SUMMARY CITY OF BREMERTON Washington Avenue and 11th Street Improvement Project 10118/2019 INTERSECTION IMPROVEMENTS Transportation Solutions Inc-Fee Schedule ENGR VIII ENGR VII ENGR V ENGR V SR.TECH Planner I Admin V VS JE ALB MM PM JS JB Victor Jeff Andrew Michelle Phil Jennifer Jill Salemann Elekes Bratlien Mach McDonald Salemann Berberich 74.50 68.50 54.00 56.00 52.50 32.50 37.50 DSC 108.17 99.46 78.40 81.31 76.22 47.19 54.45 ICR 145.19% 22.35 20.55 16.20 16.80 15.75 9.75 11.25 FEE 30.00% Bill Rate—> $ 205.02 5 188.51 $ 148.60 $ 154.11 $ 144.47 $ 89.44 $ 103.20 Anticipate Work Elements Task(s) Task Hours Task Cost PROJECT MANAGEMENT 44 0 0 0 0 0 22 66 $ 11,291.05 Coordination 24 6 Monthly Progress Reports and Invoices 12 12 Quality Control/Quality Assurance Review 8 Project Closeout 4 INTERSECTION CONTROL EVALUATION 14 0 60 48 0 16 0 138 $ 20,614.48 Data Collection 2 4 Prepare Intersection Control Evaluation 4 32 16 Evaluate Current and Future Roundabout Operations 2 8 16 Recommend Year of Opening Geometric Layout 2 8 16 Recommend Ultimate Geometric Layout 4 8 16 30%PLAN REVIEW 9 0 0 18 0 0 0 27 $ 4,619.06 Review Geometics 4 8 Review Islands and Curbs 2 4 Review Illumination 1 Review Detials 1 2 Peer Review Memo 1 4 60%PLAN REVIEW 6 0 0 12 0 0 0 18 $ 3,079.38 Review Geometics 2 4 Review Islands and Curbs 1 1 Review Illumination 1 1 Review Detials 1 2 Peer Review Memo 1 4 90%PLAN REVIEW 5 0 0 9 0 0 0 14 $ 2,412.04 Review Geometics 1 2 Review Islands and Curbs 1 1 Review Illumination 1 1 Review Detials 1 1 Peer Review Memo 1 4 CORE TASKS Labor Estimate 78 0 60 87 0 16 22 263 $ 42,016.01 Expense Estimate 6 trips @ 60 miles/tripor ferry costs Trawl 0 miles 0.545 Simile $ - TratTic Counts 1 1000 $ $ 1,000.00 Display Boards 0 each 100 $/ea $ - Expenses $ 1,000.00 Grand Total $ 43,016.01 Transportation Solutions,Inc- Scope and Fee City of Bremerton Washington Avenue and 11th Street Impr.Project Page 4 of 5 � Washington State Transportation Building VI/ Department of Transportation 310 Maple Park Avenue S.E. P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov May 30, 2018 Transportation Solutions, Inc. 8250 165th Avenue NE, Suite 100 Redmond, WA 98052 Subject: Acceptance FYE 2018 ICR—Audit Office Review Dear Ms. Berberich: Transmitted herewith is the WSDOT Audit Office's memo of"Acceptance" of your firm's FYE 2018 Indirect Cost Rate (ICR) of 145.19% of direct labor (rate includes 0.23% Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at(360) 705-7019 or via email consultantrates(a wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR Audit Office Review EXHIBIT E-6 SUBCONSULTANT COST COMPUTATION-SUMMARY APSAPPLIED PROFESSIONAL SERVICES SERVICE PROVIDED COST/ UNIT EST. HRS/UNITS TOTAL COST AIR VACUUM POTHOLING (portal-to-portal nights) $ 285.00 18 $ 5,130.00 PROJECT COORDINATION $ 100.00 6 $ 600.00 FLAGGING & TC(plus 5%) $ 185.00 18 $ 3,496.50 POLICE FLAGGING(plus 5%) $ 125.00 10 $ 1,312.50 SOIL DISPOSAL (per-hole) $ 10.00 9 $ 90.00 PERMITTING FEES $ 1,250.00 1 $ 1,250.00 TOTAL PROJECT ESTIMATE $ 11,879.00 APPLIED PROFESSIONAL SERVICES INC. Solutions That Exceed Expectations www.apslocates.com Washington State Department of Transportation August 16th,2019 Attn:Director of Consultant Services PO Box 47323 Olympia,WA 98504-7323 Subject:Hourly Rate Statement Attention:Director of Consultant Programs Division Below are the highest anticipated hourly billing rates for the On-Call Services. These rates are fully burdened and are the lowest rates charged to our clients. Applied Professional Services,Inc certifies they have an accounting system that contains separate accounts or sub- accounts for unallowable costs in accordance with FAR(48 CFR Part 31),and the capacity to track direct costs that are allocable directly to projects. Applied Professional Services,Inc also certifies that they have a labor-charging/timekeeping system that is complete and sufficiently detailed to allow for a proper determination of the consultant's direct and indirect labor costs. Classification Hourly Billing Rate Nights/Weekends Utility Designating $ 95.00 $130.00 Utility Locating(Potholing) $285.00 $300.00 Video Pipe Inspection $195.00 $215.00 Storm&Sewer Designating $195.00 $215.00 Ground Penetrating Radar $165.00 $185.00 Project Coordination $100.00 $100.00 Respectfully, Steve B Brown President CORPORATE OFFICE 43530 SE NORTH BEND WAY NORTH BEND,WA 98045 TEL:425.888.2590 FAX:425.888.2554 Private Utility Locating •Ground Penetrating Radar •Air/vacuum Utility Potholing 'Utility Locating for Design *Video Pipe Inspection Applied Professional Services, Inc. 2020 RATE SHEET AIR-VACUUM UTILITY POTHOLING RATE PER-HOUR Standard Rate(portal-to-portal) $285.00 Overtime Rate (portal-to-portal) $300.00 Prevailing Wage Standard Rate(portal-to-portal) $350.00 Prevailing Wage Overtime Rate(portal-to-portal) $420.00 • A(4) Hour Minimum Charge Applies CONDUCTIBLE UTILITY LOCATING RATE PER-HOUR Washington Locating Rate $95.00 Oregon Locating Rate $85.00 Night/Overtime rate OR/WA $130.00 • A(1) Hour Minimum Charge Applies STORM& SEWER INSPECTION& LOCATING- LATERAL LAUNCH RATE PER-HOUR Standard Rate $195.00 Confined Space Entry Rate $255.00 Overtime Rate $215.00 Confined Space Entry Overtime Rate $270.00 • A(1) Hour Minimum Charge Applies GROUND PENETRATING RADAR (GPR) RATE PER-HOUR Standard Rate $165.00 Overtime Rate $195.00 • A(1)Hour Minimum Charge Applies CONCRETE&ASPHALT CORING (2"to 16"Cores) RATE PER HOUR Standard Rate( portal-to-Portal ) $165.00 Overtime Rate Rate( portal-to-Portal) $185.00 PROJECT MANAGEMENT RATE PER-HOUR Project Coordination $100.00 Traffic control plans with TCS Stamp $125.00/per sheet) MISCELLANEOUS PROJECT EXPENSES RATE PER-HOUR Flagging&Traffic Control $Cost+10% Police Flagging $Cost+10% Permitting& Bonding $Cost+10% Video Inspection Report and DVD $20.00/Copy • Normal business hours are from 5:OOam-6:OOpm Monday thru Friday. Hours outside of normal business hours will be charged at the specified overtime rate. Exhibit F Title VI Assurances During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination:The CONSULTANT,with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race,color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex,or national origin. 4. Information and Reports:The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto,and shall permit access to its books, records, accounts,other sources of information,and its facilities as may be determined by the AGENCY,the STATE, or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY,the STATE,or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies,and/or; • Cancellation, termination,or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs(1)through (5) in every subcontract, including procurement of materials and leases of equipment,unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE,the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: Exhibit F-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of City of Bremerton Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit 0-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: Exhibit G-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Skillings Connolly whose address is 5016 Lacey Blvd SE, Lacey, WA 98503 and that neither the above firm nor I have: a) Employed or retained for a commission,percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay,to any firm,organization or person (other than a bona fide employee working solely for me or the above CONSULTANT)any fee, contribution,donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); I acknowledge that this certificate is to be furnished to the City of Bremerton and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Skillings Connolly, Inc. Consultant(Firm Name) Signature(Authorized Offidial of Consultant)--.. Date Agreement Number: 19149 Exhibit G-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit G-1(b) Certification of city of Bremerton I hereby certify that I am the: ❑,/ Mayor ❑ Other of the City of Bremerton , and Skillings Connolly, Inc. or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain,or agree to employ to retain,any firm or person; or b) Pay, or agree to pay,to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the City of Bremerton and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. )10 I Z o 1 °( Signature Date Agreement Number: Exhibit G-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(1)(b) of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions(Federal, State and local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Skillings Connolly, Inc. Consultant(Firm Name) Signature(Authorized Official Consultant) Date Agreement Number: Exhibit G-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal,amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000.00, and not more than$100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Skillings Connolly, Inc. Consultant(Firm Name) 27 .4lw J ��Cl; 7f a,-;/9 Signature(Authorized Official o Consultant) Date Agreement Number: Exhibit G-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that,to the best of my knowledge and belief, the cost or pricing data(as defined in section 2.101 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Washington& 11th Improvements Project * are accurate,complete,and current as of November 26,2019 This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm:Skillings Connolly, Inc. 1 President Signature / l Title Date of Execution***: November 26,2019 *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: Exhibit G-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ N/A . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$ N/A . Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract,whichever is greater,then justification shall be submitted to the Federal Highway Administration(FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained,the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ N/A • Include all costs,fee increase,premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: Exhibit H-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects,the Region Local Programs Engineer should be informed and involved in these procedures. (Note:The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor,materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant.The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place.The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any,as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer,after review with their legal counsel, is not able to reach mutual agreement with the consultant,proceed to Step 5. Agreement Number: Exhibit!-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA,will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: Exhibit I-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s)are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim.The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim.After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: Exhibit J-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof,which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation,payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: Exhibit J-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 2 of 2 Client#: 324969 SKILLCON ACORD-M CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)12/09/2019 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME:ACT Please See Below: USI Insurance Services NW PR PHONE 206 441-6300 FAX 610-362-8530 (A/C,No,Ext): (A/C,No): 601 Union Street, Suite 1000 ADDREE-MAILSS: p' q I certre uest usi.com Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Travelers Property Cas.Co.of America 25674 INSURED 1 O,t1 INSURER B:XL Specialty Insurance Company 37885 Skillings Connolly,Inc. 14).,, i0•11 , 7 Travelers Indemnity Company of CT 25682 5016 Lacey Blvd.SE INSURERC: Lacey,WA 98503 DOD N1 D INSURER E: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) LIMITS 1 A X COMMERCIAL GENERAL LIABILITY X X 6805H560029 12/18/2018 12/18/2019 EACH OCCURRENCE $1,000,QOV CLAIMS-MADE X OCCUR RAEM ES(EaEoocurrDence) $1,000,0170 _ V MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000 01/ POLICY X JECOT- LOC PRODUCTS-COMP/OP AGG $2,000,100 OTHER: $ ♦♦ C AUTOMOBILE LIABILITY X X BA6752L594 12/18/2018 12/18/2019{Ea aiItleDX0 tSINGLE LIMIT $1,000 0 X ANY AUTO BODILY INJURY(Per person) $ !� OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED ONLY X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION X 6805H560029 12/18/2018 12/18/2019 STATUTE X Er AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N (WA Stop Gap) E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000, 0 If yes,describe under DESCRIPTION OF OPERATIONS belowE.L.DISEASE-POLICY IMIT $1,000, 0 B Professional DPR9939091 03/02/2019 03/02/2020 $3,000,0 0 r claim Liability $3,000,00 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project No. 19149; Project Name:Washington& 11th Improvement Project • The General Liability and Automobile Liability policies include an automatic Additional Insures)endorsement that provides Additional Insured status to the Certificate Holder,City of Bremerton,State of Washington, their officers,employees and agents,only when there is a written contract that requires (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Cityof Bremerton • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345-6th Street,Suite 100 , ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton,WA 98337 AUTHORIZED REPRESENTATIVEr ` P. . ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S27308684/M25119035 SRSJV DESCRIPTIONS (Continued from Page 1) such status,and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contain a special endorsement with "Primary and Noncontributory"wording,when required by written contract. The General Liability and Automobile Liability policies provide a Waiver of Subrogation when required by written contract. SAGITTA 25.3(2016/03) 2 of 2 #S27308684/M25119035 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION V This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-5H560029-18-47 OFFICE PAC ISSUE DATE: 11/15/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD425 (07-08) - OTHER INSURANCE ADDITIONAL INSUREDS PRIMARY AND NONCONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -ADDITIONAL INSUREDS- PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary Insurance, of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you specifically agree in a written contract or agreement that the insurance afforded to an additional ins red under th' Coverage Part must apply on a primary basis, or a prim/ry and nonntributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought is caused by an "occurrence" that takes place; and (2) The "personal injury" or "advertising injury" for which coverage is sought arises out of an offense that is committed;subsequent to the signing and execution of that contract or agreement by you. CG D4 25 07 08 2008 The Travelers Companies, Inc. CG T8 01 12 18 Page 1 of 1 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS PROVIDED THIS ENDORSEMENT MODIFIES INSURANCEUNDER THE FOLLOWING: O COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed and executed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". CG 20 37 07 04 CG T8 06 12 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Copyright ISO Properties, Inc. 2004 CG T8 06 12 18 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2404 (10-93) - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US v// This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you have agreed in a written contract or agreement to waive your right of recovery against, but only for payments we make because of: 1 ."Bodily injury" or "property damage" that occurs; or 2."Personal injury" or "advertising injury" caused by an offense committed; after you have executed that contract or agreement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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 hazards." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 CG T8 03 12 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2404 (10-93) - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: Copyright, Insurance Services Office, Inc., 1992 CG T8 03 12 18 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed and executed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART. BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, CG T8 04 12 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: THIS INSURED DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED, 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. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T8 04 12 18 Page 2 of 2 j(., a1-4CO Client#:324969 SKILLINC12 ACORDIM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/10/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER 'VII EACT Please See Below: USI Insurance Services NW PR PHONE FAX (A/C,No,Ext):206 441-6300 (A/C,No): 610-362-8530 601 Union Street,Suite 1000C C E-MAIL '�� ADDRESS: Seattle.PLCertReauest@usi.com WA 98101 RG�Euest�usi.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company 25658 `� INSURED JAV 7M��(� INSURER B:XL Specialty Insurance Company 37885 Skillings, Inc. INSURER C:Travelers Indemnity Company of CT 25682 P.O. Box 5080 Alaska National Insurance Company 38733 Olympia,WA 98509 City of Bremerton INSURER D Risk Management INSURER E: • I/' INSURER F: ,S 3D COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS CLAIMS-MADE X OCCUR A )(1 COMMERCIAL GENERAL LIABILITY X X 6805H560029 12/18/2019112/18/2020 EACH OCCURRENCE $1 00O 00,0/ DAMAGE TO RENTED PREMISES(Ea occurrence) $1,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 , GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,PRO- VUA�' POLICY X ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 I'I OTHER: $ C AUTOMOBILE LIABILITY X X BA6752L594 12/18/2019 12/18/2020 (Ea COMBaccideINEDnt)SI $ ,NGLE LIMIT 1 OOO 0 . X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X AUTOS ONLY X NON-OOWNESONLYD PROP edamDAMAGE$ $ AUT (Per UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS AND EMPLOYERSEL ABILOITY Y/N X 6805H560029 12/18/2019 12/18/2020 X STATUTE X ErrH ANY PROPRIETOR/PARTNER/EXECUTIVE (WA Stop Gap) E.L.EACH ACCIDENT $1,000 000 OFFICER/MEMBER EXCLUDED? ------- D (Mandatory in NH) N N/A 19GWU10243 07/10/2019 07/10/2020,E.L.DISEASE-EA EMPLOYEE $1,000,0 . If yes,describe under DESCRIPTION OF OPERATIONS below (USL&H) E.L.DISEASE-POL CY LIMIT $1,000, 00 B Professional DPR9939091 03/02/2019 03/02/2020 $3,000,00, er claim Liability $3,000,0 0 annl aggr. � I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project No. 19149; Project Name:Washington &11th Improvement Project.The City of Bremerton,State of Washington,their officers,employees and agents are additions sureds on the general liability and automobile liability and a waiv r of abrogation applies when required by written contract. General ti liability is privy and nontributory when required by written contract. CERTIFICATE HOLDER CANCELLATION City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345-6th Street,Suite 100 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton,WA 98337-0000 AUTHORIZED REPRESENTATIVE j ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S27674158/M27653220 MYPZP This page has been left blank intentionally. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-5H560029-19-47 OFFICE PAC ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - ; SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S)OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed_ LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE,WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONALINSURED THE PERSON(S)OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR"BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR"ADVERTISING INJURY"CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S)AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, CG T8 01 12 19 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-5H560029-19-47 OFFICE PAC ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: THIS INSURED DOES NOT APPLY TO"BODILY INJURY"OR "PROPERTY DAMAGE" OCCURRING, OR"PERSONAL INJURY"OR"ADVERTISING INJURY"ARISING OUT OF AN OFFENSE COMMITTED,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. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T8 01 12 19 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-5H560029-19-47 OFFICE PAC ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION ll - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK"AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE"PRODUCTS-COMPLETED OPERATIONS HAZARD". CG 20 37 07 04 CG T8 02 12 19 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-5H560029-19-47 OFFICE PAC ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Copyright ISO Properties, Inc. 2004 CG T8 02 12 19 Page 2 of 2 COMMERCIAL AUTO POLICY: BA6752L594 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONALINSURED x � ��u~��o�x'u�~ u * This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph ein A.1.,Who Is per|od, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured'. This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ©2016 The Travelers Indemnity Company. All rights reserved, Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission POLICY:6805 660029 TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG T1 00 02 19 SECTION —COVERAGES Beginning on Page Coverage A— Bodily Injury and Property Insuring Agreement ... Damage Liability Exclusions ----.----. Z Coverage B— Personal and Advertising Insuring Agreement 6 Injury Liability Exclusions ..6 Coverage C— Medical Payments Insuring Agreement 9 Exclusions . 9 Supplementary Payments . .10 SECTION ||—WHO|SANINSURED 11 SECTION III—LIMITS OF INSURANCE 13 SECTION K/—COMMERCIAL GENERAL LIABILITY CONDITIONS -------------.13 13� � �Bankruptcy~ Duties |nTheEver�C�Occu�eoce. Of�m�� ��hnOrSub---------- Legal Action Against Us 14 Other Insurance . . 15 Premium Audit .16 Representations . . 16 Separation Of Insureds ............. .............. -----------------------.18 Transfer Of Rights Of Recovery AgainsOthers To Us 16 When We Do Not Renew ----------16 SECTION V—DEFINITIONS 16 � CG TO 34 02 19 COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a. The amount shown for the Damage To a Named Insured in the Declarations. This paragraph Premises Rented To You Limit in the does not apply to any such partnership, joint venture or Declarations of this Coverage Part; or limited liability company that otherwise qualifies as an 'b, 300'000 ifno amount is shown for the insured under Section II-Who Is An Insured ' Damage To Premises Rented To You Limit in SECTION III -LIMITS OF INSURANCE the Declarations of this Coverage Part. 1. The Limits of Insurance shown in the Declarations 7. Subject to Paragraph 5, above, the Medical and the rules below fix the most we will pay Expense Limit is the most we will pay under regardless of the number of: Coverage C for all medical expenses because of "bodily injury" sustained by any one person. a. Insureds; The Limits of Insurance of this Coverage Part apply b. Claims made or"suits" brought; or separatelyseparatelyVoeach consecutive annual period and to any c. Persons or organizations making claims or remaining period of less than 12 months, starting with bringing"suits". the beginning of the policy period shown in the Oec|ara$ions, unless the period |se��endedaMer 2. The {�enena| Aggregate Umbisthe most wewiUpay issuance for an additional' ` c� than12 uperiodless for the sum o� - months. In that case, the additional period will be a. Medical expenses under Coverage C; deemed part of the last preceding period for purposes of determining the Limits of|nsurance� b. Damages under Coverage A. except damages because of bodily injury or "property damage" SECTION - COMMERCIAL GENERAL LIABILITY included in the "products-completed operations CONDITIONS hazard": and 1. Bankruptcy c. Damages under Coverage BBankruptcy or insolvency of the insured or of the 3. The Products-Completed Operations Aggregate insured's estate will not relieve us of our obligations Limit is the most we will pay under Coverage A for under this Coverage Part. damages because of "bodily injury" and "property 2. Duties In The Event Of Occurrence, Offense, damage" included in the "products-completed Claim Or Suit operations hazard". a. You must see to it that we are notified as soon 4. Subject to Paragraph 2. above, the Personal And as practicable of an "occurrence" or an offense Advertising Injury Limit is the most we will pay which may result in a claim. To the extent under Coverage B for the sum of all damages possible, notice should include: because of all "personal injury" and "advertising injury" sustained by any one person or organization. (1) How, when and where the "occurrence" or offense took place; S. Subject to Paragraph Z. or 3. above, whichever applies. the Each Occurrence Limit is the most we (2) The names and addresses of any injured will pay for the sum of: persons and witnesses; and a. Damages under Coverage A; and (3) The nature and location of any injury or damage arising out of the "occurrence" or b. Medical expenses under Coverage C: offense. because of all "bodily injury" and "property damage" arising out ofany one "occurnence, b. If a claim is made or "suit" is brought against � any insured, you must: For the purposes of determining the applicable Each Occurrence Limit, all related acts or (1) Immediately record the specifics of the omissions committed in providing or failing to claim or"suit" and the date received; and provide first aid or "Good Samaritan services" to (2) Notify us as soon as practicable. any one person will be deemed to be one "occurrence". You mur( see to it that we receive notice of the claim or"suit"as soon as practicable. 6. Subject to Paragraph 5. above, the Damage To c. You and any other involved insured must: Premises Rented To You LimitLimitis the most we will pay under Coverage A for damages because of (1) Immediately send us copies of any "premises damage" to any one premises. The demands, nohces, summonses or legal Damage To Premises Rented To You Limit will be: papers received in connection with the claim or"suit"; [0T1U00219 ©2Ol7TheTraveiers Indemnity Company.All righis reserved. Page 13 of 21 COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other (iii) An executive officer or director of information; any other organization; or (3) Cooperate with us in the investigation or (iv)A trustee of any trust; settlement of the claim or defense against that is your partner, joint venture the^suirand ; member, manager or trustee; or (4) Assist us, upon our ,equest, in the (b) Any employee authorized by such enforcement of any right against any partnership, joint venture, limited or organization which may be liable liability company,' trust -r other to the insured because of injury or damage organizationgive notice toof an kowhichdhisinsunancemaya|soappk' � ^occunence^ nroffense. d. No insured w/i||, except at that insured's own (3) Notice to us of such ''occurrence" or cost, voluntarily make a payment, assume any offense will be deemed to be given as soon ob|igadun, or incur any expenye, other than for as practicable if it is given in good faith as first aidwithout consent. soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation insurer. This applies only if above, but only for purposes of the insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as insured listed in Paragraph Y. or 2. of Section || practicable after any of the persons —Who sAn Insured: described in Paragraph e.(i) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the ^occurvence" or apply. offense is known to you (if you are an However, if this policy includes an endorsement ind|v|dua|), any of your partners or that provides limited coverage for "bodily injury" members who is an individual (if you are a or "property damage" or pollution costs arising partnership or joint venture), any of your out of a dischange, release or escape of managers who is an individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of "pollutants" "executive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after its abrupt commencement, this joint venture, or limited liability company), Paragraph e. does not affect that requirement. any of your trustees who is an individual (if you are a trust) or any "employee" 3. Legal Action Against Us authorized by you to give notice of an No person or organization has a right under this "occurrence"or offense. Coverage Part: (2) If you are a partnership, joint venture, a. To join us as a party or otherwise bring us into limited liability company or trust, and none a "suit" asking for damages from an insured; or of your partners, joint venture members, b. To sue us on this Coverage Part unless allof managers or trustees are individuals, notice its terms have been fully complied with. Co us of such "occurrence" or offense must be given as soon as practicable only after A person or organization may sue us to recover on the "occurrence" or offense is known by: an agreed settlement or on a final judgment against an insured; but we will not be liable for damages (a) Any individual who is: that are not payable under the terms of this Coverage Part or that are in excess of the (|) A partner or member of any applicable limit of insurance. An agreed settlementpa�nershiporjointventure; rneansasco|ementand release ofliability signed by us, the insured, and the claimant or the claimant's<|i) A manager of any limited liability company; legal representative. Page 14 of 21 ©2017 The Travelers indemnity Company,All rights reserved. [GT1U0V21y Includes copyrighted material of Insurance ServiceOffice,Inc.with its permission. COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ii) That is insurance for "premises If valid and collectible other insurance is available to damage"; the insured for a loss we cover under Coverages A (iii) If the loss arises out of the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described in Paragraphs a. and b. below. "autos" or watercraft to the extent not subject to any exclusion in this As used anywhere in this Coverage Part, other insurance means insurance, or the funding of Coverage Part that applies to aircraft, ''a�os"orwo�ncsa� losses, that is provided by, through or on behalf of: (iv) That is insurance available to a (|) Another insurance company� company; premises uwner, manager or (ii) Us or any of our affiliated insurance companies, lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4. of Section II — Occurrence Limit provision of Paragraph 5. of Who Is An |nsued, except when Section HI — Limits Of Insurance or the Non Paragraph d below applies or cumulation of Personal and Advertising Injury (v) That is insurance available to an Limit provision ofPanagmph4. of Section III — equipment lessor that qualifies as Limits of Insurance applies because the an insured under Paragraph 5. of Amendment — Non Cumulation Of Each Section II — Who Is An Insured, Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury except when Paragraph d. below Limit endorsement s included in this policy; applies. (b) Any of the other insurance, whether (iii)Any risk retention group; or phmary, excess, contingent or on any (iv)Any self-insurance method or p,ogram, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance, additional insupcd, or is any other Other insurance does not include umbrellainsured that does not qualify as a named insured, under such other insurance, or excess insurance, that was bought insurance specifically to apply in excess of the Limits of ' Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part. have no duty under Coverages A or B to de8end �heinsurcdagains� any ''sui�' �any As used anywhere in this Coverage Part, other other insurer has a duty to defend the insurer means a provider of other insuranca. As insured against that "suit". If no other used in Paragraph c. below, insurer means a insurer defends, wewill undertake todoso, provider ofinsurance. but we will be entitled to the insured's rights a. Primary Insurance against all those other insurers. (3) When this insurance is excess over other This insurance is primary except when insurance, wnwiUpayonyourshareofthe Paragraph b. belowIf\his insurance is ' applies. amount of the loss, ifthat exceeds the primary, ourob|igadons are nota�ec�edun|ess any, sum of: any of the other insurance is also primary. Then, we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c. be|ow, insurance would pay for the loss in the and except when Paragraph d. below applies, absence of this insurance; (b) The total of all deductible and self- b. Excess |nsurance insured amounts under all that other (1) This insurance is excess over: insurance. (4) We will share the remaining loss, if any, (a) Any of the other insurance, whether with any other insurance that is not primary, excess, contingent or on any described in this Excess Insurance other basis: provision and was not bought specifically to (i) That is Fire, Extended Coverage, apply in excess of the Limits of Insurance Builder's Risk, Installation Risk or shown in the Declarations of this Coverage simi|arcoveragefor^yourwork'; Part. CGT1U0O219 ©2017 The Travelers indemnity Company.All rights reserved. Page 15 of 21 inciudes copyrighted materiai of insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shaes, we will contribute upon in issuing this policy will not prejudice your by limits. Under this meghed, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or , in of all insurers. nonrenewal in accordance with applicable insurance 1 d. rimary And ntMbutwn /msuranca If �wsorregutabons� vRequ|�d By Written Contract �7. �� ara& ������n�ur���� If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit' is brought. (1) The "bodily injury" or "property damage" for 8. nsfor Of Rights Of Recovery Against{]thers which coverage is sought occurs; and r To Us (2) The "personal and advertising injury" for |fthe insured has rights to recover all or part of any which coverage is sought is caused by an t we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must do nothing after loss to impair themAt our request subsequent to the signing of that contract or the insured will bring "suit" urtransfer those rights` agreement by you. to us and help us enforce them. S. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not |eys�han3Odays before the expiration date. the close of each audit period we will compute If notice is mai|ed, proof of mailing will be sufficient the earned premium for that period and send proof of notice, notice to the first Named Insured. The due date SECTION V—DEFINITIONS for audit and retrospective premiums is the date 1' "Advertisement"' means a nodcethat is broadcast or shown as the due date on the bill. If the sum of the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the firstfor the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic means ofcommunicabon' and computation, and send us copies at such times ' as we may request. b. Regarding weby|tes, only that part of a website that is about your goodsproducts or services6. Representations for the purposes of attracting' customers or By accepting this policy, you agree: supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers indemnity Company.Au rights reserved. CGT100U21g includes copyrighted material of insurance Services Office,inc.with its permission. Client#: 324969 SKILLINC12 ACORIDTP., CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/12/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER AME: cr NPlease See Below. NAME: USI Insurance Services NW PR oH,°NfE . F,rf,, 206 441-6300 AICC. Nolo 610-362=8530 601 Union Street, Suite 1000 Seattle, WA 98101 INSURED Skillings, Inc. P. O. Box 5080 Olympia, WA 98509 COVERAGES RECEIVED City of Bremerton Risk Management CERTIFICATE NUMBER: AFFORDING COVERAGE INSURER A :Travelers Indemnity Company INSURER B :Alaska National Insurance Company INSURER C • XL Specialty Insurance Company INSURER D' Travelers Indemnity Company of CT INSURER E : INSURER F : REVISION NUMBER: NAIC # 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 CONTRACTOR 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. LTR TYPE OF INSURANCE ADDLSUBR NSR WVD POLICY NUMBER MMIDDY� MMIDDY� LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6805H5600291947 12/18/2019 12/18/202 EACH OCCURRENCE $1 000 000 CLAIMS -MADE � OCCUR PREMISES Eaoccurrrence $19000 000 MED EXP (Any one person) $109000 PERSONAL & ADV INJURY $190009000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT D LOG PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY X X BA6752L59419GRP 12/18/2019 12/18/202 DSINGLELIMIT Eaaccident) 11000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ AUTOS ONLY X AUTOS ONLDY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ $ A B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY/N OFFICER/MEMBER EXCLUDED? J (Mandatory In NH) N / A X 6805H5600291947 (WA Stop Gap) 19GWU10243 12/18/2019 07/10/2019 12/18/202 07/10/202 X gER U OTH- E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE $1 OOOOOO If yes, describe under DESCRIPTION OF OPERATIONS below WAUSL&H) DPR9956586 E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional X 03/02/2020 03/02/2021 $3,000,000 per claim Liability $3,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project No. 19149; Project Name: Washington & 11th Improvement Project. The City of Bremerton, State of Washington, their officers, employees and agents are additional insureds on the general liability and automobile liability and a waiver of subrogation applies when required by written contract. General liability is primary and non-contributory when required by written contract. CERTIFICATE HO City of Bremerton 345 - 6th Street, Suite 100 Bremerton, WA 98337-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #528187719/M28187543 BTRZP This page has been left blank intentionally. GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6so-5xs60029-19-47 ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES Inc. POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05} - This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSONS) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the 'bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Persons) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONALINSURED THE PERSONS) OR ORGANIZATIONS) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, CG T8 01 12 19 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6eo-5H560029-19-47 ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: THIS INSURED DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED, 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. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG TS 01 12 19 Page 2 of 2 POLICY: 6805H5600291947 COMMERCIAL GENERAL LIABILITY' COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organizatian qualifying as such under Section it - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I -COVERAGES COVERAGE A —BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory'; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1, of Section If - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer, (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. CG T1 00 02 19 ©2�17 The Travelers Page 1 of 21 Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Section II — Who Is An Insured. SECTION III —LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C. b. Damages under Coverage A. except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and "advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C; because of all "bodily inju" ryand "property damage" arising out of any one "occurrence". For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 6. Subject to Paragraph S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: COMMERCIAL GENERAL LIABILITY a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part. 7. Subject to Paragraph S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit", CG T1 00 02 19 ©2017 The Travelers Indemnity Company. All rights reserved. Page 13 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other (iii) An executive officer or director of information; any other organization; or (3) Cooperate with us in the investigation or (iv) A trustee of any trust; settlement of the claim or defense against that is your partner, joint venture the "suit"; and member, manager or trustee; or (4) Assist us, upon our request, in the (b) Any employee authorized by such enforcement of any right against any partnership, joint venture, limited person or organization which may be liable liability company, trust or other to the insured because of injury or damage organization to give notice of an to which this insurance may also apply. "occurrence" or offense. d. No insured will, except at that insured's own (3) Notice to us of such "occurrence" or cost, voluntarily make a payment, assume any offense will be deemed to be given as soon obligation, or incur any expense, other than for as practicable if it is given in good faith as first aid, without our consent. soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation insurer. This applies only if above, but only for purposes of the insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as A listed in Paragraph 1, or 2, of Section 11 practicable after any of the persons i Who Is An Insured: described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply• offense is known to you (if you are an However, if this policy includes an endorsement individual), any of your partners or that provides limited coverage for "bodily injury" members who is an individual (if you are a or "property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who is an individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of "pollutants" "executive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after its abrupt commencement, this joint venture, or limited liability company), Paragraph e. does not affect that requirement. any of your trustees who is an individual (if you are a trust) or any "employee" 3. Legal Action Against Us authorized by you to give notice of an No person or organization has a right under this "occurrence" or offense. Coverage Part: (2) If you are a partnership, joint venture, a. To join us as a party or otherwise bring us into limited liability company or trust, and none a "suit" asking for damages from an insured; or of your partners, joint venture members, b. To sue us on this Coverage Part unless all of managers or trustees are individuals, notice its terms have been fully complied with. to us of such "occurrence" or offense must be given as soon as practicable only after A person or organization may sue us to recover on the "occurrence" or offense is known by: an agreed settlement or on a final judgment against an insured; but we will not be liable for damages (a) Any individual who is: that are not payable under the terms of this (i) A partner or member of any Coverage Part or that are in excess of the partnership orjoint venture; applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by (ii) A manager of any limited liability us, the insured, and the claimant or the claimant's company; legal representative. Page 14 of 21 ©2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 4. Other Insurance If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as described in Paragraphs a. and b, below. As used anywhere in this Coverage Part, other insurance means insurance, or the funding of losses, that is provided by, through or on behalf of: (i) Another insurance company; (ii) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit provision of Paragraph S. of Section III — Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section III — Limits of Insurance applies because the Amendment — Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy; (iii) Any risk retention group; or (iv) Any self-insurance method or program, in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance, or excess insurance, that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part, other insurer means a provider of other insurance. As used in Paragraph c. below, insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, except when Paragraph d. below applies. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; COMMERCIAL GENERAL LIABILITY (ii) That is insurance for "premises damage'; Oil) If the loss arises out of the maintenance or use of aircraft, "autos or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft, of or watercraft; (iv) That is insurance available to a premises owner, manager or lessor that qualifies as an insured under Paragraph 4. of Section II — Who Is An Insured, except when Paragraph d. below applies, or (v) That is insurance available to an equipment lessor that qualifies as an insured under Paragraph S. of Section II — Who Is An Insured, except when Paragraph d. below applies. (b) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. CG T1 00 02 19 ©2017 The Travelers Page 15 of 21 Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non -Contributory insurance if laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, b. Separately to each insured against whom claim and we will not share with that other insurance, provided that: is made or "suit" is brought. (1) The "bodily injury" or "property damage" for $• Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, subsequent to the signing of that contract or the insured will bring "suit" or transfer those rights agreement by you. to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date, the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date SECTION V — DEFINITIONS for audit and retrospective premiums is the date 1 "Advertisement" means a notice that is broadcast or shown as the due date on the bill. If the sum of published to the general public or specific market the advance and audit premiums paid for the segments about your goods, products or services policy period is greater than the earned for the purpose of attracting customers or premium, we will return the excess to the first supporters. For the purposes of this definition: Named Insured. c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services p for the purposes of attracting customers or By accepting this policy, you agree: supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY POLICY: 6805H5600291947 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Non -Owned Watercraft — 75 Feet Long Or Less B. Who Is An Insured — Unnamed Subsidiaries C. Who Is An Insured — Retired Partners, Members, Directors And Employees D. Who Is An Insured —Employees And Volunteer Workers —Bodily Injury To Co -Employees, Co - Volunteer Workers And Retired Partners, Members, Directors And Employees E. Who Is An Insured —Newly Acquired Or Formed Limited Liability Companies F. Blanket Additional Insured — Controlling Interest G. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers PROVISIONS A. NON -OWNED WATERCRAFT — 75 FEET LONG OR LESS 1. The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) 75 feet long or less; and (b) Not being used to carry any person or property for a charge; H. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Premises I. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations J. Incidental Medical Malpractice K. Medical Payments — Increased Limit L. Amendment Of Excess Insurance Condition — Professional Liability N. Contractual Liability —Railroads uses or is responsible for the use of a watercraft that you do not own that is: {1) 75 feet long or less; and (2) Not being used to carry any person or property for a charge; B. WHO IS AN INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION If WHO 15 AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured The following replaces Paragraph 2.e. of 2. a. You are the sole owner of, or maintain an SECTION II —WHO IS AN INSURED: ownership interest of more than 50% in, such e. Any person or organization that, with subsidiary on the first day of the policy your express or implied consent, either period; and CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under similar other insurance. No such subsary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II —Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. C. WHO IS AN INSURED —RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLwOYEES The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any person who is your retired partner, member, director or "employee" that is performing services for you under your direct supervision, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no such retired partner, member, director or "employee" is an insured for: (1) "Bodily injury": (a) To you, to your current partners or members (if you are a partnership or joint venture), to your current members (if you are a limited liability company) or to your current directors; (b) To the spouse, child, parent, brother or sister of that current partner, member or director 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 Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your retired partners, members, directors or "employees", other than a doctor. Any such retired partners, members, directors or "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) "Personal injury"; (a) To you, to your current or retired partners or members (if you are a partnership or joint venture), to your current or retired members (if you are a limited liability company), to your other current or retired directors or If employees" 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 current or retired partner, member, director, It or "volunteer worker" as a consequence of Paragraph (2)(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 Paragraph (2)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (3) "Property damage" to property: (a) Owned, occupied or used by; or (b) Rented. to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your retired partners, members or directors, your current or retired "employees" or "volunteer workers", any current partner or member (if you are a partnership or joint venture), or any current member (if you are a limited liability company) or current director. Page 2 of 6 02017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED — EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS — BODILY INJURY designated in the Declarations as: TO CO -EMPLOYEES, CO -VOLUNTEER a. A limited liability company; WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES b. An organization other than a partnership, joint venture or limited liability company; The following is added to Paragraph 2.a.(1) of or SECTION II — WHO IS AN INSURED: c. A trust; Paragraphs (1)(a), (b) and (c) above do not E. WHO IS AN INSURED —NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION II — WHO IS AN INSURED: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it; b. Coverage A does not apply to "bodily ury" 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 e offnse y committed before ou acquired or formed the organization. For the purposes of Paragraph 1. of Section 11 — Who Is An Insured, each such indicated its the d 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTIO N II —WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. G. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION II —WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, 310219 02017 The Travelers Indemnity COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury", "property damage" or "persona( and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. H. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES —PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION 11 —WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and. that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. I. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION II —WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or Any "bodily injury" b. included in the operations hazard". or "property damage" "products- completed J. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph U. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in " providing or failing to provide incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION 11 —WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergy encmedical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, Page 4 of 6 ©2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS —INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: "Bodily injury" or "property damage" that occurs; or a. b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. 3 79 02 19 ©2017 The Travelers Indemnity COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY —RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 ©2017 The Travelers Indemnity Company_ All rights reserved. CG D3 79 Q2 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY: BAWZML59419GRP COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM and Paragraph e. in A.1., Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM, whichever Coverage Form is part of your policy: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CA T4 37 02 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 1 Of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO POLICY: WAD 752L59419GRP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident' or "loss", provided that the CONDITIONS Section: "accident' or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 O 2015 The Travelers Indemnity Company. All rights reserved. Page 1 Of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. USI INSURANCE SERVICES CERTIFICATE RETURN MAIL PROCESSING �;t PO BOX 629035 EL DORADO HILLS CA 95762-9035 CITY OF BREMERTON 345 6TH ST STE 100 BREMERTON WA 98337-1891 Client#: 324969 SKILLINC12 ACORDCERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/23/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Please See Below: USI Insurance Services NW PR feHONr. N FYr,• 206 441-6300 FAX c Nn,. 610-362-8530 601 Union Street, Suite 1000 RECEIVED Seattle, WA 98101 INSURED Skillings, Inc. P. O. Box 5080 Olympia, WA 98509 COVERAGES City of Bremerton Risk Management CERTIFICATE NUMBER: usi.com INSURERS) AFFORDING COVERAGE INsuFIER A: Travelers Indemnity Company INsuPIER B : Alaska National Insurance Company INSURER E XL Specialty Insurance Company Travelers Indemnity Company of CT REVISION NUMBER: NAIC # 25658 38733 37885 25682 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 CONTRACTOR 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, LTR TYPE OF INSURANCE NSRLSUBR WVD POLICY NUMBER MM/DDNYYY MM/DD/YYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6805H5600291947 12/18/2019 12/18/2020 EACH OCCURRENCE $1 000 000 CLAIMS -MADE � OCCUR PREMISES (Ea occur ence $1 000 000 X MED EXP (Any one person) $10,000 WA Stop Gap PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO - POLICY X JECT LOC PRODUCTS - COMP/OPAGG $2,000,000 StopGap/EL $1,0003000 OTHER: D AUTOMOBILE LIABILITY X X BA6752L59419GRP 12/18/2019 12/18/202 COMBINED SINGLE LIMIT Ea accident 1 000 000 > > X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS FX BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ NON -OWNED HIRED ONLY AUTOS ONLY UMBRELLA LIABH OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A X 20GWU10243 (WA USL&H) 7/10/2020 07/10/2021 X PER STA UTE oTH- E E.L. EACH ACCIDENT $1 00O 000 E.L. DISEASE - EA EMPLOYEE $1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional DPR9956586 3/02/2020 03/02/2021 $3,000,000 per claim Liability $3,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project No. 19149; Project Name: Washington & 11th Improvement Project. The City of Bremerton, State of Washington, their officers, employees and agents are additional insureds on the general liability and automobile liability and a waiver of subrogation applies when required by written contract. General liability is primary and non-contributory when required by written contract. CERTIFICATE City of Bremerton 345 - 6th Street, Suite 100 Bremerton, WA 98337-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. CORD ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of A #S29437527/M29435076 ADKZP This page has been left blank intentionally. GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 680-5H560029-19-47 ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 {03-05) - This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSONS) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION 11 -WHO IS AN INSURED IS AMENDED TO INCLUDE A5 AN ADDITIONALINSURED THE PERSONS) OR ORGANIZATIONS) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE, B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, CG fi8 OS 12 19 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 680-SH560029-19-47 ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 {03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: THIS INSURED DOES NOT APPLY TO 'BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED, 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 INSUREDS) 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, CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T8 01 12 19 Page 2 Of 2 POLICY: BA6752L59419GRP COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM and Paragraph e. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM, whichever Coverage Form is part of your policy: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CA T4 37 02 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 1 Of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. OLIOY: bbuor obvuz91947 CC3MMERCIAL GENERAL LIABILITY' COMMERCIAL GENERAL LIABILITY GOVERAGE FUKM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words '"you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION 1-COVERAGES COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "'suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory' (2) The "bodily injury" or "property damage'" occurs during the policy period; and {3} Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. dily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer, (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" o, "property damage"; or {3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. CG T1 00 02 19 ©2017 The Travelers Page 1 Of 21 Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. venture or limited (lability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Section II — Who Is An Insured. SECTION III —LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY Coo The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part; or his $300,000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part. 1. The Limits of Insurance shown in the Declarations 7. Subject to Paragraph 5. above, the Medical and the rules below fix the most we will pay Expense Limit is the most we will pay under regardless of the number of: Coverage C for all medical expenses because of a. Insureds; "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply b. Claims made or "suits" brought, or separately to each consecutive annual period and to any c. Persons or organizations making claims or remaining period of less than 12 months, starting with bringing "suits". the beginning of the policy period shown in the 2. The General Aggregate Limit is the most we will pay Declarations, unless the policy period is extended after for the sum of: issuance for an additional period of less than 12 months. In that case, the additional period will be a. Medical expenses under Coverage C; deemed part of the last preceding period for purposes of b. Damages under Coverage A, except damages determining the Limits of Insurance. because of "bodily injury" or "property damage" SECTION IV _ COMMERCIAL GENERAL LIABILITY included in the "products -completed operations CONDITIONS hazard'; and 1. Bankruptcy c. Damages under Coverage B. Bankruptcy or insolvency of the insured or of the L The Products -Completed Operations Aggregate insured's estate will not relieve us of our obligations Limit is the most we will pay under Coverage A for under this Coverage Part, damages because of "bodily injury" and "property 2, Duties In The Event Of Occurrence, Offense, damage" included in the "products -completed Claim Or Suit operations hazard". a. You must see to it that we are notified as soon L Subject to Paragraph 2. above, the Personal And as practicable of an "occurrence" or an offense Advertising Injury Limit is the most we will pay which may result in a claim. To the extent under Coverage B for the sum of all damages possible, notice should include: because of all "personal injury" and "advertising injury" sustained by any one person or organization. (1) How, when and where the "occurrence" or 5. Subject to Paragraph 2. or 3. above, whichever offense took place; applies, the Each Occurrence Limit is the most we (2) The names and addresses of any injured will pay for the sum of: persons and witnesses; and a. Damages under Coverage A; and (3) The nature and location of any injury or b. Medical expenses under Coverage C; damage arising out of the "occurrence" or offense. because of all "bodily injury" and "property damage" arising out of any one "occurrence". b. If a claim is made or "suit" is brought against any insured, you must: For the purposes of determining the applicable Each Occurrence Limit, all related acts or (1) Immediately record the specifics of the omissions committed in providing or failing to claim or "suit" and the date received; and provide first aid or "Good Samaritan services" to (2) Notify us as soon as practicable. any one person will be deemed to be one '"occurrence"'. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. 6. Subject to Paragraph S. above, the Damage To c. You and any other involved insured must: Premises Rented To You Limit is the most we will pay under Coverage A for damages because of (1) Immediately send us copies of any "premises damage" to any one premises. The demands, notices, summonses or legal Damage To Premises Rented To You Limit will be. papers received in connection with the claim or "suit"; CG T1 QO 02 19 ©2017 The Travelers Page 13 Of 21 Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Ofifiice, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other (in, An executive officer or director of information; any other organization; or (3) Cooperate with us in the investigation or (iv) A trustee of any trust; settlement of the claim or defense against that is your partner, joint venture the "suit"; and member, manager or trustee; or (4) Assist us, upon our request, in the (b) Any employee authorized by such enforcement of any right against any partnership, joint venture, limited person or organization which may be liable liability company, trust or other to the insured because of injury or damage organization to give notice of an to which this insurance may also apply. "occurrence" or offense. d. No insured will, except at that insured's own (3) Notice to us of such "occurrence" or cost, voluntarily make a payment, assume any offense will be deemed to be given as soon obligation, or incur any expense, other than for as practicable if it is given in good faith as first aid, without our consent. soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation insurer. This applies only if above, but only for purposes of the insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as insured listed in Paragraph 1. or 2. of Section It practicable after any of the persons iWho I An Insured: described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply. offense is known to you (if you are an However, if this policy includes an endorsement individual), any of your partners or that provides limited coverage for "bodily injury" members who is an individual (if you are a or "property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who is an individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of "pollutants" "executive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after its abrupt commencement, this joint venture, or limited liability company), Paragraph e. does not affect that requirement. any of your trustees who is an individual (if you are a trust) or any "employee" 3. Legal Action Against Us authorized by you to give notice of an No person or organization has a right under this 'occurrence" or offense. Coverage Part: (2) If you are a partnership, joint venture, a. To join us as a party or otherwise bring us into limited liability company or trust, and none a "suit" asking for damages from an insured; or of your partners, joint venture members, b, To sue us on this Coverage Part unless all of managers or trustees are individuals, notice its terms have been fully complied with, to us of such 'occurrence" or offense must be given as soon as practicable only after A person or organization may sue us to recover on the "occurrence" or offense is known by: an agreed settlement or on a final judgment against an insured; but we will not be liable for damages (a) Any individual who is: that are not payable under the terms of this (i) A partner or member of any Coverage Part or that are in excess of the partnership orjoint venture; applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by (ii) A manager of any limited liability us, the insured, and the claimant or the claimant's company; legal representative. Page 14 of 21 ©2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 4. ;Other insurance if valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part, other insurance means insurance, or the funding of losses, that is provided by, through or on behalf of. (i) Another insurance company; (ii} Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit provision of Paragraph S. of Section III — Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section III — Limits of Insurance applies because the Amendment — Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy; (iii) Any risk retention group; or (iv) Any self-insurance method or program, in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance, or excess insurance, that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part, other insurer means a provider of other insurance. As used in Paragraph c. below, insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, except when Paragraph d. below applies. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; COMMERCIAL GENERAL LIABILITY (ii) That is insurance for "premises damage'; (iii) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft, "autos" or watercraft; (iv} That is insurance available to a premises owner, manager or lessor that qualifies as an insured under Paragraph 4. of Section 11 — Who is An Insured, except when Paragraph d. below applies; or (v) That is insurance available to an equipment lessor that qualifies as an insured under Paragraph S. of Section II — Who Is An Insured, except when Paragraph d, below applies. (b) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. {2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self. insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. CG T1 t)0 02 19 ©2017 The Travelers Page 15 Of 21 Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers, If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Ngmed Insured, and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part ge of any payment we have made under this CoveraPart, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date, the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date SECTION V — DEFINITIONS for audit and retrospective premiums is the date 1. "Advertisement" means a notice that is broadcast or shown as the due date on the bill. If the sum of published to the general public or specific market the advance and audit premiums paid for the segments about your goods, products or services policy period is greater than the earned for the purpose of attracting customers or premium, we will return the excess to the first supporters. For the purposes of this definition: Named Insured. c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services for the purposes of attracting customers or By accepting this policy, you agree: supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 Q2 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY POLICY: 6805H5600291947 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Non -Owned Watercraft — 75 Feet Long Or Less B. Who Is An Insured — Unnamed Subsidiaries C. Who Is An Insured — Retired Partners, Members, Directors And Employees D. Who Is An Insured —Employees And Volunteer Workers —Bodily Injury To Co -Employees, Co - Volunteer Workers And Retired Partners, Members, Directors And Employees E. Who Is An Insured —Newly Acquired Or Formed Limited Liability Companies F. Blanket Additional Insured — Controlling Interest G. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers PROVISIONS A. NON -OWNED WATERCRAFT — 75 FEET LONG OR LESS 1. The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) 75 feet long or less; and (b) Not being used to carry any person or property for a charge; H. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Premises I. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations J. Incidental Medical Malpractice K. Medical Payments — Increased Limit L. Amendment Of Excess Insurance Condition — Professional Liability N. Contractual Liability —Railroads uses or is responsible for the use of a watercraft ttlat you do not own that is: (1) 75 feet long or less; and (2) Not being used to carry any person or property for a charge; B. WHO IS AN INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION 11 WHO IS AN INSURED; Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured 2. The following replaces Paragraph 2.e. of a. You are the sole owner of, or maintain an SECTION II —WHO IS AN INSURED: ownership interest of more than 50% in, such e. Any person or organization that, with subsidiary on the first day of the policy your express or implied consent, either period; and CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II — Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. C, WHO IS AN INSURED —RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any person who is your retired partner, member, director or "employee" that is performing services for you under your direct supervision, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no such retired partner, member, director or "employee" is an insured for: (1) "Bodily injury": (a) To you, to your current partners or members (if you are a partnership or joint venture), to your current members (if you are a limited liability company) or to your current directors; (b) To the spouse, child, parent, brother or sister of that current partner, member or director 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 Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or 'Good Samaritan services" by any of your retired partners, members, directors or "employees", other than a doctor. Any such retired partners, members, directors or "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. {2) "Personal injury": (a) To you, to your current or retired partners or members (if you are a partnership or joint venture), to your current or retired members (if you are a limited liability company), to your other current or retired directors or "employees" 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 current or retired partner, member, director, "employee" or "volunteer worker" as a consequence of Paragraph (2)(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 Paragraph (2)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (3) "Property damage" to property: (a) Owned, occupied or used by; or ( b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your retired partners, members or directors, your current or retired "employees" or "volunteer workers", any current partner or member (if you are a partnership or joint venture), or any current member (if you are a limited liability company) or current director. Page 2 Of 6 02017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. D. WHO IS AN INSURED —EMPLOYEES AND VOLUNTEER WORKERS — BODILY INJURY TO CO -EMPLOYEES, CO -VOLUNTEER WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2.a.(1) of SECTION 11— WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a current or retired co - "employee" while in the course of the co - "employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" or retired partners, members or directors while performing duties related to the conduct of your business. E. WHO IS AN INSURED —NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION II — WHO IS AN INSURED: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a, Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or {2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it; b. Coverage A does not apply to "bodily ury" 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. For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such COMMERCIAL GENERAL LIABILITY organization will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. F, BLANKET ADDITIONAL INSURED — CONTROLLING INTEREST 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial. control; or b. Such person's or organizaton's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTIO N II —WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. G. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION li WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, 3102119 ©2D17 The Travelers Indemnity COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: {1} Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2} Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. H. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES —PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION tl —WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", If damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. I. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION II —WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage'" or "personal and advertising injury" arising out of operations performed for the governmental entity; or Any "bodily injury" or "property damage" b. included in the "products -completed operations hazard". J. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in it providing or failing to provide incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II —WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1){a}, to), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, Page 4 of 6 ©2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speechdanguage pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your "employees" or "volunteer subject to Paragraph 2.a.(9) of Section 11 — workers", other than an employed or Who Is An Insured, volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS — INCREASED LIMIT or "volunteer workers" providing or failing to provide first aid or "Good Samaritan The following replaces Paragraph 7* of services" during their work hours for you SECTION III — LIMITS OF INSURANCE: will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services"„ first aid or "Good Samaritan CONDITION— PROFESSIONAL LIABILITY services" to any one person will be deemed to be one "occurrence". The following is added to Paragraph 4.b., 4. The following exclusion is added to Excess Insurance, of SECTION IV — Paragraph 2., Exclusions, of SECTION 1 — COMMERCIAL GENERAL LIABILITY CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent or on any other basis, that is Professional Sale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of pharmaceuticals committed by, or with the M. BLANKET WAIVER OF SUBROGATION — knowledge or consent of the insured. WHEN REQUIRED BY WRITTEN CONTRACT 5. The following is added to the DEFINITIONS OR AGREEMENT Section: The following is added to Paragraph 8., Transfer "Incidental medical services" means: Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION 1V — occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed: collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG 3790219 Q 2017 The Travelers Page S Of 6 Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABfL[TY —RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 O 2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, tnc, with its permission. Client#: 324969 SKILLINC12 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 12/22/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Insurance Services NW PR 601 Union Street, Suite 1000 Seattle, WA 98101 INSURED Skillings, Inc. P. O. Box 5080 Olympia, WA 98509 COVERAGES RECEIVED City of Br®merton Risk Management, CERTIFICATE NUMBER: Please See Bel n. 206 441=6300 .com COVERAGE A ;Travelers Indemnity Company B ;Alaska National Insurance Company 610-362-8530 NAIC t< 25658 38733 INsuRER C : XL Specialty Insurance Company 37885 INSURER D : Travelers Indemnity Company of CT 25682 INSURER E INSURER F 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 CONTRACTOR 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. LTR TYPE OF INSURANCE ADDLSUBR NSR N/VD POLICY NUMBER POLICY EFF MM/DDY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X 6805H5600292047 12/18/2020 12/18/2021 EACH OCCURRENCE $110009000 PREMISES Ea occurrence $110001000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $110003000 GEN'LAGGREGATE LIMIT APPLIESPER: POLICY � JEI° F LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ D AUTOMOBILE LIABILITY ANY AUTO AU AUTOS AUTOS ULED HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY X X BA2R54921 A2047G 12/18/2020 12/18/2021 COMBINED SINGLE LIMIT Ea accident 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB EXCESS I OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYIER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? F (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A X 6805H5600292047 (WA Stop Gap) 12/18/2020 12/18/2021 S U X OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liability Incl. Pollution X DPR1956516 3/02/2020 03/02/2021 $3,000,000 per claim $3,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project No. 19149; Project Name: Washington & 11th Improvement Project. The City of Bremerton, State of Washington, their officers, employees and agents are additional insureds on the general liability and automobile liability and a waiver of subrogation applies when required by written contract. General liability is primary and non-contributory when required by written contract. City of Bremerton 345 - 6th Street, Suite 100 Bremerton, WA 98337-0000 TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S30703025/M30702500 S9KZP COMMERCIAL GENERAL LIABILITY POLICY: 680-5H56002g-20-4I THIS ENDf)RSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Names of Additional insured Persons} or Organizations}: Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (information required to complete #his Schedule, if not shown above, will be shown in the Declarations.) A. Section II —Who is An Insured is amended to in- This insurance does not apply to "bodily injury" or elude as an additional insured the persons) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for "bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip - caused, in whole or in part, by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been com- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- nated above, 2. That portion of "your work" out of which the B. With respect to the insurance afforded to these injury or damage arises has been put to its in- tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: for engaged in performing operations for a principal as a part of the same project. CG D3 61 Q3 05 Capyright 2Q05 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG Ts o1 12 2oincludes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 11/06/2020 Page 1 of 1 POLICY: 13A2R54921 A2047G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET A®DITIUNAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM and Paragraph e. in A.1., Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM, whichever Coverage Form is part of your policy: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CA T4 37 02 16 � 20i 6 The Travelers Indemniiy Company. All rights reserved . Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY: 6805H5600292047 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE rULICY. PLEASE READ I CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL_ DESCRIPTION OF COVERAGE —This endorsement broadens coverage.. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Non -Owned Watercraft — 7S Feet Long Or Less t3. Who Is An Insured — Unnamed Subsidiaries C. Who Is An Insured — Retired Partners, Members, Directors And Employees D. Who Is An Insured —Employees And Volunteer Workers — Bodily Injury To Co -Employees, Co - Volunteer Workers And , Retired Partners, Members, Directors And Employees E. Who Is An Insured —Newly Acquired Or Formed Limited Liability Companies F. Blanket Additional Insured — Controlling Interest G. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers PROVISIONS A. NON -OWNED WATERCRAFT — 76 FEET LONG OR LESS 'i. The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: {a) 75 feet long or less; and (b) Not being used to carry any person or property for a charge; 2. The following replaces Paragraph 2.e. of SECTION II — WHO IS AN INSURED: e. Any person or organization that, with your express or implied consent, either H. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Premises 1. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations J. Incidental Medical Malpractice K. Medical Payments —Increased Limit L. Amendment Of Excess Insurance Condition — Professional Liability N. Contractual Liability —Railroads uses or is responsible for the use of a watercraft that you do not own that is: {1) 75 feet long or less; and {2) Not being used to carry any person or property for a charge; B. WHO IS AN INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and CG D3 79 02 19 O 2017 The Travelers Page 1 Of 6 Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under similar other insurance. Na such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section 11 — Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. C. WHO IS AN INSURED — RETIRED PARTNERS, MEMBERS, DIRECTORS ANQ EMPLOYEES The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any person who is your retired partner, member, director or "employee" that is performing services for you under your direct supervision, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no such retired partner, member, director or "employee" is an insured for: (1) "Bodily injury"* (a) To you, to your current partners or members (if you are a partnership or joint venture), to your current members (if you are a limited liability company) or to your current directors; (b) To the spouse, child, parent, brother or sister of that current partner, member or director 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 Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or 'Good Samaritan services" by any of your retired partners, members, directors or "employees", other than a doctor. Any such retired partners, members, directors or "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) "Personal injury": (a) To you, to your current ar retired partners or members (if you are a partnership or joint venture), to your current or retired members (if you are a limited liability company), to your other current or retired directors or "employees" 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 current or retired partner, member, director, "employee" or "volunteer worker" as a consequence of Paragraph (2)(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 Paragraph (2)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (3) "Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your retired partners, members or directors, your current or retired "employees" or "volunteer workers", any current partner or member (if you are a partnership or joint venture), or any current member (if you are a limited liability company) or current director. Page 2 of 6 a0 2017 The Travelers Indemnity Company. Ali rights reserved. CG Q3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED — EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS — BODILY INJURY designated in the Declarations as: TO CO -EMPLOYEES, CO -VOLUNTEER a. A limited liability company; WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES b. An organization other than a partnership, joint venture or limited liability company; The following is added to Paragraph 2.a,(1) of or SECTION II — WHO IS AN INSURED: c. A trust; Paragraphs (1)(a), (b) and (c) above do not as indicated in its name or the documents apply to bodily injury to a current or retired co- that govern its structure. "employee" while in the course of the co - "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED — duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1, The following is added to SECTION II — workers" or retired partners, members or WHO IS AN INSURED: directors while performing duties related to the conduct of your business. Any person or organization that has financial E. WHO IS AN INSURED —NEWLY ACQUIRED control of you is an insured with respect to liability for "bodily injury", "property damage" OR FORMED LIMITED LIABILITY COMPANIES or "personal and advertising injury" that The following replaces Paragraph 3. of arises out of: SECTION 11— WHO IS AN INSURED: a. Such financial control; or 3. Any organization you newly acquire or form, b, Such person's or organization's other than a partnership or joint venture, and ownership, maintenance or use of of which you are the sole owner or in which premises leased to or occupied by you+ you maintain an ownership interest of more than 50%, will qualify as a Named Insured if The insurance provided to such person or there is no other similar insurance available organization does not apply to structural to that organization. However: alterations, new construction or demolition operations performed by or on behalf of such a. Coverage under this provision is person or organization. afforded only: 2. The following is added to Paragraph 4. of (1) Until the 180th day after you acquire SECTIO N 11— WHO IS AN INSURED: or form the organization or the end of This paragraph does not apply to any the policy period, whichever is premises owner, manager or lessor that has earlier, if you do not report such financial control of you. organization in writing to us within 180 days after you acquire or form it; G. BLANKET ADDITIONAL INSURED or MORTGAGEES, ASSIGNEES, SUCCESSORS (2) Until the end of the policy period, OR RECEIVERS when that date is later than 180 days The following is added to SECTION II — WHO IS after you acquire or form such AN INSURED: organization, if you report such Any person or organization that is a mortgagee, organization in writing to us within assignee, successor or receiver and that you 180 days after you acquire or form it; have agreed in a written contract or agreement b. Coverage A does not apply to "bodily to include as an additional insured on this injury" or "property damage" that Coverage Part is an insured, but only with occurred before you acquired or formed respect to its liability as mortgagee, assignee, the organization; and successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" c. Coverage B does not apply to "personal that: and advertising injury" arising out of an offense committed before you acquired a. Is "bodily injury" or "property damage" that or formed the organization. occurs, or is "personal and advertising injury" For the purposes of Paragraph 1, of Section caused by an offense that is committed, II — Who Is An Insured, each such CG D3 79 02 19 ci) 2017 The Travelers Page 3 of 6 Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury" or "Droperty damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. H. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES —PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION It WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for '"bodily injury", "property damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. 1. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION II —WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", It damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or Any "bodily injury" b. included in the operations hazard'". or "property damage" "products -completed J. INCIbENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a,(1) of SECTION it —WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, Page 4 of 6 00 20t7 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services pftice, Inc. with its permission. COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech -language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your "employees" or "volunteer subject to Paragraph 2.a.(1) of Section 11 _ workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS —INCREASED LIMIT or "volunteer workers" providing or failing to provide first aid or "Good Samaritan The following replaces Paragraph 7. of services" during their work hours for you SECTION III — LIMITS OF INSURANCE: will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION — PROFESSIONAL LIABILITY services" to any one person will be deemed to be one "occurrence". The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — 4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION 1 — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent or on any other basis, that is Professional Sale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of pharmaceuticals committed by, or with the M. BLANKET WAIVER OF SUBROGATION — knowledge or consent of the insured. WHEN REQUIRED BY WRITTEN CONTRACT 5. The following is added to the DEFINITIONS OR AGREEMENT Section: The following is added to Paragraph 8., Transfer "Incidental medical services" means: Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 5. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that b. 3 79 02 19 Q 2017 The Travelers Indemnity COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY —RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section. c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 ©2017 The Travelers Indemnify Company. All rights reserved. CG D3 79 02 19 includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY: BA2R54921A2047G COMMERCIAL AUTO THiS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGA 11UN This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.S., Transfer of Rights Of Recovery Against Others To Us, of the CONDITIONS Section: 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver ap- plies only to the person or organization desig- nated in such contract. CA T3 40 t)2 15 ©2015 The Travelers Indemnity Company. All rights reserved, Page 1 Of 1 Includes copyrighted material of Insurance Services Otfice, Inc, with its permission. POLICY: 68051-15600292047 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and our refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An I nsured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION 1-COVERAGES COVERAGE A —BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury" and "property damage" only if: COMMERCIAL GENERAL LIABILITY (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory": (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section 11 — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury"' or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section 11 — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section 11 — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. CG T1 00 OZ 19 O 2017 The Travelers Page 1 of 21 Indemnity Company, an rights. reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission, venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Section it — Who is An Insured. SECTION I!I —LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits,% 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage IS for the sum of all damages because of all "personal injury" and "advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C; because of all "'bodily injury" and "property damage" arising out of any one "occurrence". For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". ubject to Paragraph 5. above, the Damage To 6. S Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be; COMMERCIAL GENERAL LIABILITY a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part, 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; {2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. and any other involved insured must: c. You {1) Immediately send demands, notices, papers received in claim or "suit",* CG T1 00 t)2 19 d 2017 The Travelers Indemnity Company. Ail rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission, summonses or legal us copies of any connection with the Page 13 of 21 COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other (iii) An executive officer or director of information, any other organization; or (3) Cooperate with us in the investigation or (iv) A trustee of any trust; settlement of the claim or defense against that is your partner, joint venture the "suit"; and member, manager or trustee, or (4) Assist us, upon our request, in the enforcement of any right against any (b) Any employee authorized by such person or organization which may be liable partnership, joint venture, limited to the insured because of injury or damage liability company, trust or other to which this insurance may also apply. organization to give notice of an "occurrence" or offense. d. No insured will, except at that insured's own (3) Notice to us of such "occurrence" or cost, voluntarily make a payment, assume any offense will be deemed to be given as soon obligation, or incur any expense, other than for as practicable if it is given in good faith as first aid, without our consent, soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation insurer. This applies only if above, but only for purposes of the insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as insured listed in Paragraph 1. or 2. of Section 11 practicable after any of the persons — Who Is An Insured: described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply. offense is known to you (if you are an However, if this policy includes an endorsement individual), any of your partners or that provides limited coverage for "bodily injury" members who is an individual (if you are a or "property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who is an individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of "pollutants" It officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after its abrupt commencement, this joint venture, or limited liability company), Paragraph e. does not affect that requirement. any of your trustees who is an individual (if you are a trust) or any "employee" 3. Legal Action Against Us authorized by you to give notice of an No person or organization has a right under this it or offense. Coverage Part: (2) If you are a partnership, joint venture, a. To join us as a party or otherwise bring us into limited liability company or trust, and none a "suit" asking for damages from an insured; or of your partners, joint venture members, b. To sue us on this Coverage Part unless all of managers or trustees are individuals, notice its terms have been fully complied with. to us of such "occurrence" or offense must be given as soon as practicable only after A person or organization may sue us to recover on the "occurrence" or offense is known by: an agreed settlement or on a final judgment against an insured; but we will not be liable for damages (a) Any individual who is: that are not payable under the terms of this Coverage Part or that are in excess of the p (i} partner or member of any applicable limit of insurance. An agreed settlement partnership or joint venture; means a settlement and release of liability signed by (ii) A manager of any limited liability us, the insured, and the claimant or the claimant's company; legal representative. Page 14 of 21 O 2017 The Travelers Indemnity Company, All rights reserved. CG T1 00 D2 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission, 4. Other insurance If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as described in Paragraphs a, and b. below. As used anywhere in this Coverage Part, other insurance means insurance, or the funding of losses, that is provided by, through or on behalf of: (i) Another insurance company; (ii) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit provision of Paragraph S. of Section III — Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section III — Limits of Insurance applies because the Amendment — Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy; ( iii) Any risk retention group; or (iv) Any self-insurance method or program, in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance, or excess insurance, that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part, other insurer means a provider of other insurance. As used in Paragraph c. below, insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, except when Paragraph d. below applies. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work' ; COMMERCIAL GENERAL LIABILITY kill That is insurance for "premises damage'; (iii) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft, "autos" or watercraft; {iv) That is insurance available to a premises owner, manager or lessor that qualifies as an insured under Paragraph 4. of Section it — Who is An Insured, except when Paragraph d. below applies; or (v) That is insurance available to an equipment lessor that qualifies as an insured under Paragraph S. of Section 11 — Who Is An Insured, except when Paragraph d. below applies. (b) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". if no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other A nsurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. CG T1 00 02 19 � 2017 The Travelers Page 15 of 21 Indemnity Company. an rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission, COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed, subsequent to the agreement by you. 5. Premium Audit signing of that contract or a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover ail or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we wilt Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date SECTION V — DEFINITIONS for audit and retrospective premiums is the date 1. "Advertisement" means a notice that is broadcast or shown as the due date on the bill. If the sum of published to the general public or specific market the advance and audit premiums paid for the segments about your goods, products or services policy period is greater than the earned for the purpose of attracting customers or premium, we will return the excess to the first Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. Notices that are published include material placed on the Internet or on similar electronic means of communication, and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 O 2017 The Travelers Indemnity Company, AA rights reserved. CG T1 40 42 19 Includes copyrighted material of Insurance Services office, Inc. with its permission,