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HomeMy WebLinkAbout6094AGENDA BILL CITY {)FBREK4ERTON n��_�N�— F CITY COUNCIL SUBJECT: Contract Modification Agreement No. 3tnthe Professional Services Agreement with CodePrns. LLCfor Supplemental Building Department Services; Professional Services Agreement for Structural Engineering Plan Review; and Budget Adjustment Study Session Date: COUNCIL MEETING Date: Presenter: Andrea L S8Dc8[ February 28 2020 K88Foh4 2020 OCD SUMMARY: CodePros' LLC has been providing building inspection and plan review services on on on -call basis for the City ofBremerton since 2O12. The contract was initiated tocover the department's overflow for plan review and inspection services when permit volumes are higher than staff can process and when there are vacancies in[}CD. Annually vvecontract with CodePrnafor $24,999, and in years where there has been work overflow the City Council has authorized one-time increases above this base amount. OCOksexperiencing avery high vo|umeofpermitaubnnitta|eandinsoauhonanndiapropnaingto amend the CodePros contract to increase the 2020 contracted amount to $150,000. This contract modification allows the City to fulfill our requirements for permit plan review and inspections and helps toprevent abacklog during this heavy volume time. In addition to the contract for building department services, OC[} is proposing an additional contract with CodePromfor structural engineering plan review. The work performed under this contract is paid by permit applicants whose plans require review by a structural engineer (these are known as "pass through costs"). The City's fee schedule has established the fee structure for this, and applicants are advised ofthe costs prior tosubmittal. Contract Modification 3 between the City of Bremerton and CodePros LLC for Supplemental Building Department Services New Professional Services Agreement between the City of Bremerton and CodePros LLC for Structural Engineering Plan Review FISCAL IMPACTS (Include Budgeted Amound: DCDbuilding division budget has $50.000set aside for professional services. The two contracts total $250,000: 1\ Supplemental Building Department Services ($15O.000)and 2)Structural Engineering Review ($100.00O). ThaDCO Building professional services budget will require an amendment to increase it from $50,000 to $250.000. The City`apermit activity offsets the cost ofthis budget increase. STUDY SESSION AGENDA: QDLimited Presentation OFull Presentation STUDY SESSION ACTION: N Consent Agenda El General Business 0 Public Hearing RECOMMENDED MOTIONS: 1\Move toamend the 2020Community Development Building Professional Services budget to increase from $50,000 to $250,000; and 2) Move to a) approve the Code Pros, LLCGUpp|enneDtn| Building Department Services Contract Modification Agreement No. 3 to establish the 2020 compensation at $150,000; and b) authorize a new Professional Services Agreement with CodeProa LLCfor Structural Building Plan Review in the amount of$1O0.UOO annually and c) authorize the Mayor to finalize and execute the agreements with substantially the same terms and conditions aapresented. COUNCIL ACTION: OAoprove E]Deny El Table 000ntinue MNoAction Form Updated 01/02/2018 PROFESSIONAL SERVICES AGREEMENT CodePros, LLC Structural Engineering Review The City of Bremerton ("City") and CodePros LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated February 18, 2020, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are perforned. II. Term: This agreement commences upon execution by the parties and shall continue in full force and effect until terminated pursuant to Section IX of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an annual amount not to exceed One -hundred Thousand Dollars and 00/100 . Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section Il herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit B. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, Page 1 of 7 Bremerton/CodePros Structural Engineering Review Rev.03/2020 including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects. Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT iS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Page 2 of 7 Bremerton/CodePros Structural Engineering Review_ Rev.03/2020 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Commercial General Liabili insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 2. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self -insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 61h Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. Page 3 of 7 Bremerton/CodePros Structural Engineering Review Rev. 03/2020 The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub -consultants or sub -contractors) as part of the work covered by this Agreement, it shall be the Consultant's responsibility to require and confirm that each sub -consultant or sub -contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles ("GAAP") to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Allyn, Washington. Consultant shall make such data, documents, and tiles available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Page 4 of 7 Bremerton/CodePms Structural Engineering Review Rev. 03/2020 D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Allyn, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. Work involving the performance of inspections as described in Exhibit A, Scope of Work, shall take place at the properties within the city limits of Bremerton for which building permits are issued, as requested by the City of Bremerton, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability. Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or Ist class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: CITY: Attn: Andrea Spencer City of Bremerton 345 6►h Street, Suite 100 Bremerton, WA 98337-1891 Notices to be sent to: CONSULTANT: Attn: Michael J. Barth CodePros. LLC PO Box 185 Almon: WA 98524 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in ful I force and effect. Page 5 of 7 Bremerton/Co ePros Structural Engineering Review Rev. 03/2020 L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shal I be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non -performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. Page 6 of 7 Bremerton/CodePros Structural Engineering Review Rev. 03/2020 B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY OF BREMERTON By: )A,. Print Nam re Wheeler. Its: Mayor Date: ti-X Zo",o APPROVED AS TO FORM: By:zvvU76. 4Zv- Roger A. Lubovich, Bremerton City Attorney CONSULTANT: By: tr Print Name: W Its: Date: '3D0If ATTEST: By:_ Angela Hoo , City Clerk R:lLega1%LepKFormsIFORMS ON COBWEB\Professional Services Agreement Rev. 10 2019.doex Page 7 of 7 Bremerton/CodePros Structural Engineering Review Rev. 03/2020 EXHIBIT A Scope of Work/List of Services Provided by CodePros, LLC for the City of Bremerton, WA CodePros Professional Services Agreement dated February 18, 2020. Note: This list of services can be updated and amended as necessary to ensure the Municipality's needs are met and the services provided satisfy the Municipality, property owners, and the building community. Plan Review services provided as part of the agreement Perform plan review on select building projects in the Municipality on a non-exclusive, as -needed basis as requested by the Municipality's building official or administrator. These may include any type of construction project, such as, without limitation: single-family residential construction; multi -family residential construction; new commercial, industrial, and institutional construction; as well as tenant improvements and/or remodeling projects in any existing buildings. Building plan review will, as directed by Municipality staff, include review of foundation systems, structural systems, plumbing and mechanical systems and energy code provisions to determine compliance with the Washington State Building Code, along with the Plumbing, Mechanical, Fuel -Gas and Energy Codes, and any local amendments adopted by the City of Bremerton. Follow-up plan review of corrections of identified items is included. Plan Review turn -around time -frame targets are as follows: Project Size based on Valuation: Plan Review Turnaround time to Goal first comments: IRC Residential Projects 10 working days J 99% IBC Smali Commercial Project 10 working days -99% (Valuation less than $11VI) IBC Large Commercial Project 20 working days 100% (Valuation $11V1 to $1010) IBC Exceptionally Large Project 25 working days 100% (Valuation greater than $10M) Other Services provided as part of the agreement: o Provide code interpretations and professional opinions as requested by the Municipality o On -call building inspections as requested by the Municipality (minimum 48 hours notice) • Communicate and coordinate efforts with professional partner employees, service providers, and other jurisdiction staff, elected officials and other agencies o Provide regular status and activity reports o Maintain proper legal records, provide document storage, and respond to public disclosure records requests o Provide additional structural review by a registered professional engineer upon request (Note: Plan review projects with valuation in excess of $4m automatically receive engineer's review.) By acceptance of the Professional Service Agreement and Exhibits A & B, the Municipality hereby authorizes the Company to perform supplemental building plan review services and/or building and structure inspections services within the incorporated boundaries of the Municipality on an as -needed, non-exclusive basis as directed by Municipality staff based upon the Washington State Building Codes and any other adopted codes and state and local amendments, or applicable State and Federal requirements, and other Municipality adopted regulations, standards, and requirements related to building construction (collectively, the "Municipality's Codes"). w TM& LK City of Bremerton - Service Agreement Exhibit A EXHIBIT B Fee Schedule for Building Department Services by CodePros, LLC. for the City of Bremerton. CodePros Services Agreement dated February 18,2020. CodePros' Plan Review Service Fees: o Building Plan Review Service Fee (Commercial > $1 M) 55% of Bremerton's review fee o Building Plan Review Service Fee (Commercial = < $1 M) 60% of Bremerton's review fee o Building Plan Review Service Fee (1-2 Family Residential) 75% of Bremerton's review fee o Building "Structural -Only" Plan Review Service Fee 30% of Bremerton's review fee o Attendance of Pre-Ap conference for projects > $1 M valuation no charge o Attendance of Pre-Ap conference for projects =<$1 M valuation $50.00 per hour (Plan review and permit fees that are the basis of this agreement shall be based on the fee schedule as adopted by the City of Bremerton, utilizing the fee table as shown in BMC 3.01.040, Community Development - Rate Table C, as of the date of this agreement. Plan Review fees are established as 66% of the permit fee. Project valuations shall be defined as the total value of all construction work for which the pen -nit is issued, and shall include but not be limited to: roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and permanent equipment. The valuation shall be, at a minimum, as determined by utilizing the most recently published "Square Foot Construction Costs" table published by the International Code Council in its "Building Safety Joumar magazine.) Other Fees: o Supplemental On -Call building inspections $70.00 per hour o Project Support (upon specific request of jurisdiction) 65% of Bremerton's review and permit fee o Inspections outside of business hours $100.00 per hour, (2 hour minimum) o Investigative Services and/or testimony $125.00 per hour o Code Enforcement Activities (as requested by City) $85.00 per hour o Code consultation and/or code interpretation, not associated with plan review services above $70.00 per hour o Analysis of alternate methods and/or materials $70.00 per hour o Structural engineering review by P.E. (projects<$4M) $140.00 per hour o Structural engineering review by P.E. (projects>$4M) (included as part of Plan Review Service Fees above) Terms: CodePros bills for the previous month, typically by the third business day of the month, payable within 45 days. Plan review: 60% of fee due upon first comments, the remaining 40% upon completion of the final review. If billing discrepancies are identified by the Municipality, such discrepancy shall be brought to the attention of the Company prior to the payment due date. rgoOPrw US, City of Bremerton - Service Agreement Exhibit B ACORL]r CERTIFICATE OF LIABILITY INSURANCE O TER CERTIFICATEla ISSUED PaAMATTER OF nox AND CONFERS HOLDER. THIS IS CERTIFICATE XOR GATWELPMENG,ENRALTER THE AFFORDED BY WE BELOW. THIS INSURANCE ACONTRACT BETWEEN THE ISSUING IxSURIEwai, AuaxcBMEE REPRESENTATIVE OR PRODUCER, x, AND HE CERTIFICATE HOLDER. IMPORTANT11ateMoo holder Man ADDITIONAL IXBED,the IM, xeaNN&UBROON B WSULp[I to Me 1o,,soti0ePollry, P[Ildasmrymquiroanondommenl. A slalooment anlNs ceXlflcate does net coffer lgMs 10 Me aNMoaoholEffInl,euolsu[M1entl0rsMOnt(i). Mll WXxe. 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THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER('$), AUTHCRVED REPRESENTATIVE OR PRODUCER, AND TH5 CEFITIriCATE HOLDER. IMPORTANT If the caI'Ilflcata7757Is an ADDITIONAL INSURED, the polloy(les) must Igo andorlred. fEOBROGATICN ISWAi t , subject to lbo forms and oonditlons of tho policy, oertaln policies may roquIr , an 8:ndorsornoni.. A statement on thIs cortlflcutadoes not Coffer rights to tho cartttleato holder In lieu of such endorsomont( Arnold &.: Smith Insil aaceAgcy Inc A�F CNEt; Na ar F-MAIL PO Box L INSURER S)AFFCYRDING COVERAGE NAIL 4 Shelton _ _. INA 98584.006 INSURER,A ; Mesa 1.1H' derw filters Specialty InsuranceCo.36838 _ _.__... INSURED IN"tURERt3 Code Pros, LLC INSURBRC: Alin Michael ,I Barth INSURER Q PO Box 145 INCUR€RE, Ain, WA 90524 iNsuRER F ; COVERAGES C RTIFICATE NUMBER; REVISION NUMBER: THIS IS T4 CERTIFY THAT THE POLICIES & IN.�URANCI LISTED BELOWHAVIn` SEEN ISSUED TO THE INSURED NAMEDA91OVE FOR THE POLIQY PERIOD INDICATED, t4OTWITHSTAND1140AN.YREQUIREMNT, TERM OR CONDITION CtF;f ANY CONTRACT OR OTHER 00CUMENTV11TH RESPECT 1 O WHICH THIS CERTIFICATE MAY ER 164JED OR MAY PERTAIN, THE W URANCGAFF'ORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSION ANO CONDITIONS OF SUCH POLICIES. LIMITS 8110AIN MAY HAVE BEEPI REDUCED EY PAID CLAIr". LrR TyPEOFINSURANCE POLICY MMBSA IIMtB6h'Yi^Y N1I CtrYti PN LIMITS R. COMMERCIAL GENERAL LIABILITY CLAW $IAA E L J OCCUR EACH OCCURRENCE � tAI�F�� r.+ a 0 asp 100100Qa. e << m 'ERSOKAL&.ADVIN.URY S 1,000,000 A X, MP0040003010940 07l261201 0712621=2 GEN'I.AGfivRE ATE t MIT,A LIf SPER. POLICY E] � El LOC 0 ENE$,,AL��AGGAEGATE S 2,000,000 PRODUCTS-CoMP)OPAGG S .000,000 _ OTHER- AUTOMOBILEb_ LIABILITY (i9YP'NN III YI( arpur } ANYAUTO SCIi - AUTOSlEi7 AIT�EF uIED NONQ'AHED "IIkEDAUr17S AY3TBES' +CJIy,'�v1+�,:IdRYfPAr�Gfiis'ItYai11 �dF x TY ;rAh r E dr'grss, I1-Y, ....._._. UMBRELLALIAB OCCUR 4I�IE]��;ElRAffl+', .__. $.__. ixCCSs LIAF3 _._ . ,WWREGATE .. __. WORKERS COMPENSATION AND GNIPLOYERS' LIABILITY YiN MY IGRI ARTNEWEXI CkfHJE IH Wrarrnn REXCLUr010? 70 , aA _............ ....EiI Cnd5W'b0Und �ta[tv � r QT�H , [F01 ACCIDENT ,01145LAS9UOYE. Eik#3\O�6�»�i FSVASh "Stop"Gap 1,000,00.0A 0 i00000 .. DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLE 9 IACORO 70 11,.At diff onO R9muk8 Schodule, m ay use ¢1Ia Choi IT mOnu 8PA90 IN MgUrrodl ertfflcata holder Is named as addition aI Insured per form CG2012 (04/13�. Coverage 1s Primary and Non -Contributory per form (04M 3).AWaiver of uhrogatlon applies perform (05100), SHOULD ANY OF THE ASOVE DESCRIBED POLICIES; DE CAN 0ELLED BEFORE THE EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN The City of Bremerton ACCORDANCE WITH 'DiE POLICY PROVISIONS. 345 Oth Street Sulte 100 _ ...... ,AIJ'rF9ORIZEFr REPRESENTATIVE Bremarton WA 08357 �? Q 1088-2014A.CORD CORPORATION All rights rasorved, A+CORD 25 (2014101) Tbo ACOR l narno and logo are roglstored marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 2012 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: The City of Bremerton 345 6th Street Suite 100, Bremerton WA 98337 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 any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. 'Bodily injury" or "property damage" included within the "products -completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2012 0413 O Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 04 4211 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. liel ZM =1 M 1A 0 1 MTO► • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Bodily Injury By Accident $ 1,000,000 Each Accident Bodily Injury By Disease $ 1.000.000 Aggregate Limit Bodily Injury By Disease $ Each Em to ee (If no entry appears above, the information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. The following is added to Section I — Coverag- No other obligation or liability to pay sums es: or perform acts or services is covered un- COVERAGE — STOP GAP — EMPLOYERS less explicitly provided for under Supple - LIABILITY mentary Payments. 1. Insuring Agreement b. This insurance applies to "bodily injury by accident" or "bodily injury by disease" only a. We will pay those sums that the insured if: becomes legally obligated by Washington Law to pay as damages because of "bodily {1) The: injury by accident" or "bodily injury by dis- (a) "Bodily injury by accident" or "bodily ease" to your "employee" to which this in- injury by disease" takes place in the surance applies. We will have the right "coverage territory"; and duty to defend the insured against any "suit" (b) "Bodily injury by accident" or "bodily seeking those damages. However, injury by disease" arises out of and we will have no duty to defend the insured "suit" in the course of the injured "em- against any seeking damages to ployee's" employment by you; and which this insurance does not apply. We may, at our discretion, investigate any ac- (c) "Employee", at the time of the in- cident and settle any claim or "suit" that jury, was covered under a worker's may result. But: compensation policy and subject to (1) The amount we will pay for damages is a "Workers compensation law" ofWashington; and limited as described in Section III — Limits Of Insurance; and (2) The: (2) Our right and duty to defend end when (a) "Bodily injury by accident" is caused we have used up the applicable limit of by an accident that occurs during insurance in the payment of judgments the policy period; or or settlements under this coverage. CG 04 42 1103 C ISO Properties, Inc., 2003 Page 1 of 4 13 (b) "Bodily injury by disease" is caused by or aggravated by conditions of employment by you and the injured "employee's" last day of last expo- sure to the conditions causing or aggravating such "bodily injury by disease" occurs during the policy period. c. The damages we will pay, where recovery is permitted by law, include damages: (1) For: (a) Which you are liable to a third party by reason of a claim or "suit" against you by that third party to re- cover the damages claimed against such third party as a result of injury to your "employee"; (b) Care and loss of services; and (c) Consequential "bodily injury by accident" or "bodily injury by dis- ease" to a spouse, child, parent, brother or sister of the injured "em- ployee"; provided that these damages are the direct consequence of "bodily injury by accident" or "bodily injury by disease" that arises out of and in the course of the injured "employee's" employment by you; and (2) Because of "bodily injury by accident" or "bodily injury by disease" to your "employee" that arises out of and in the course of employment, claimed against you in a capacity other than as em- ployer. 2. Exclusions This insurance does not apply to: a. Intentional Injury "Bodily injury by accident" or "bodily injury by disease" intentionally caused or aggra- vated by you, or "bodily injury by accident" or "bodily injury by disease" resulting from an act which is determined to have been committed by you if it was reasonable to believe that an injury is substantially cer- tain to occur. b. Fines Or Penalties Any assessment, penalty, or fine levied by any regulatory inspection agency or au- thority. c. Statutory Obligations Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. d. Contractual Liability Liability assumed by you under any con- tract or agreement. e. Violation Of Law "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any employee while employed in violation of law with your actual knowledge or the ac- tual knowledge of any of your "executive officers". f. Termination, Coercion Or Discrimination Damages arising out of coercion, criticism, demotion, evaluation, reassignment, dis- cipline, defamation, harassment, humilia- tion, discrimination against or termination of any "employee", or arising out of other employment or personnel decisions con- cerning the insured. g. Failure To Comply With "Workers Compensation Law" "Bodily injury by accident" or "bodily injury by disease" to an "employee" when you are: (1) Deprived of common law defenses; or (2) Otherwise subject to penalty; because of your failure to secure your ob- ligations or other failure to comply with any "workers compensation law". h. Violation Of Age Laws Or Employment Of Minors "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any person: (1) Knowingly employed by you in violation of any law as to age; or (2) Under the age of 14 years, regardless of any such law. i. Federal Laws Any premium, assessment, penalty, fine, benefit, liability or other obligation imposed by or granted pursuant to: (1) The Federal Employer's Liability Act (45 USC Section 51-60); (2) The Non -appropriated Fund Instrumen- talities Act (5 USC Sections 8171- 8173) ; Page 2 of 4 0 ISO Properties, Inc., 2003 CG 04 4211 03 ❑ (3) The Longshore and Harbor Workers' Compensation Act (33 USC Sections 910-950); (4) The Outer Continental Shelf Lands Act (43 USC Section 1331-1356); (6) The Defense Base Act (42 USC Sec- tions 1651-1654); (6) The Federal Coal Mine Health and Safety Act of 1969 (30 USC Sections 901-942); (7) The Migrant and Seasonal Agricultural Worker Protection Act (29 USC Sec- tions 1801-1872); (8) Any other workers compensation, unemployment compensation or disa- bility laws or any similar law; or (9) Any subsequent amendments to the laws listed above. j. Punitive Damages Multiple, exemplary or punitive damages. k. Crew Members "Bodily injury by accident" or "bodily injury by disease" to a master or member of the crew of any vessel or any member of the flying crew of an aircraft. B. The Supplementary Payments provisions apply to Coverage — Stop Gap Employers Liability as well as to Coverages A and B. C. For the purposes of this endorsement, Section II — Who Is An Insured, is replaced by the follow- ing: If you are designated in the Declarations as: 1. An individual, you and your spouse are insu- reds, but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. 3. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with re- spect to their duties as your managers. 4. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and direc- tors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured in the Declarations. D. For the purposes of this endorsement, Section III — Limits Of Insurance, is replaced by the follow- ing: 1. The Limits of Insurance shown in the Sche- dule of this endorsement 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 "Bodily Injury By Accident" — Each Acci- dent Limit shown in the Schedule of this en- dorsement is the most we will pay for all dam- ages covered by this insurance because of "bodily injury by accident" to one or more "employees" in any one accident. 3. The "Bodily Injury By Disease" — Aggregate Limit shown in the Schedule of this endorse- ment is the most we will pay for all damages covered by this insurance and arising out of "bodily injury by disease", regardless of the number of "employees" who sustain "bodily in- jury by disease". 4. Subject to Paragraph D.3. of this endorse- ment, the "Bodily Injury By Disease" — Each "Employee" Limit shown in the Schedule of this endorsement is the most we will pay for all damages because of "bodily injury by dis- ease" to any one "employee". The limits of the coverage apply separately to each consecutive annual period and to any re- maining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is ex- tended 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. CG 04 42 1103 @ ISO Properties, Inc., 2003 Page 3 of 4 ❑ E. For the purposes of this endorsement, Condition 2. — Duties In The Event Of Occurrence, Claim Or Suit of the Conditions Section IV is deleted and replaced by the following: 2. Duties In The Event Of Injury, Claim Or Suit a. You must see to it that we or our agent are notified as soon as practicable of a "bodily injury by accident" or "bodily injury by dis- ease" which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "bodily injury by accident" or "bodily injury by dis- ease" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury. 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 injury, claim, proceeding or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us and assist us, as we may request, in the investigation or set- tlement of the claim or defense against the "suit'; (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury to which this insurance may also apply; and (6) Do nothing after an injury occurs that would interfere with our right to recover from others. d. No insured will, except at that insured's own cost, voluntarily make a payment, as- sume any obligation, or incur any expense, other than for first aid, without our consent. F. For the purposes of this endorsement, Paragraph 4. of the Definitions Section is replaced by the following: 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory de- scribed in a. above, but who is away for a short time on your business; provided the insured's responsibility to pay damages is determined in the United States (including its territories and possessions), Puerto Rico, or Canada, in a suit on the me- rits according to the substantive law in such territory, or in a settlement we agree to. G. The following are added to the Definitions Sec- tion: 1. "Workers Compensation Law" means the Workers Compensation Law and any Cccu- pational Disease Law of Washington. This does not include provisions of any law provid- ing non -occupational disability benefits. 2. "Bodily injury by accident" means bodily injury, sickness or disease sustained by a person, including death, resulting from an accident. A disease is not "bodily injury by accident" un- less it results directly from "bodily injury by ac- cident". 3. "Bodily injury by disease" means a disease sustained by a person, including death. "Bodi- ly injury by disease" does not include a dis- ease that results directly from an accident. H. For the purposes of this endorsement, the defini- tion of "bodily injury" does not apply. Page 4 of 4 0 ISO Properties, Inc., 2003 CG 04 4211 03 ❑ POLICY NUMBER: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Bremerton 345 6th Street Suite 100, Bremerton WA 98337 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 06 09 C Insurance Services Office, Inc., 2008 Page 1 of 1 13 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 DATE (MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 07/23/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arnold &Smith Insurance Agcy Inc PO Box L Shelton INSURED Code Pros, LLC C/O Michael J Barth PO Box 185 CAVERAGES RECEIVED 2 9 202�„A 98584-0060 City of Bremerton City Attorney's Office WA 98524 CERTIFICATE NUMBER: Mesa Underwriters cG. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE AODLSUBR POLICY NUMBER MMIDDNYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 CLAIMS -MADE OCCUR PREMISES EaENTEoccurrence) $ 1000000 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A Y MP0046003015493 07/26/2021 07/26/2022 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PROECT LOC J PRODUCTS - COMP/OP AGG $ INCLUDED OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N STATUTE ERH ANYPROPRIETORIPARTNERIEXECUTIVE ❑ OFFICERIMEMBEREXCLUDED? NIA A E.L. EACH ACCIDENT $ - (MandatorylnNH) E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below $ EACH CLAIM $1,000,000 A ERRORS & OMISSIONS 87816F210APL 07/26/2021 07/26/2022 AGGREGATE $12000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Certificate holder is named as an Additional Insured per form CG2012 (04/13). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN THE CITY OF BREMERTON ACCORDANCE WITH THE POLICY PROVISIONS. 345 6TH ST, STE 100 AUTHORIZED REPRESENTATIVE BREMERTON WA 98337 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD