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Page 1 of 7 Bremerton/ HDR Engineering, Inc. 2020 Naval Avenue Grant Assistance Rev. 11/2019 PROFESSIONAL SERVICES AGREEMENT 2020 Naval Avenue Grant Assistance The City of Bremerton (“City”) and HDR Engineering, Inc, (“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 March 23rd, 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 performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $4,500. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C 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 and will pay all undisputed amounts within 30 days following receipt of Consultant’s filling statement. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. 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 C. 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. DocuSign Envelope ID: 4DBBC877-43CE-4C65-8C2D-5A22F1767D77 Page 2 of 7 Bremerton/ HDR Engineering, Inc. 2020 Naval Avenue Grant Assistance Rev. 11/2019 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, 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, to the extent arising out of or in connection with the Consultant’s wrongful or negligent acts, errors, or omissions in the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, subject 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. 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. DocuSign Envelope ID: 4DBBC877-43CE-4C65-8C2D-5A22F1767D77 Page 3 of 7 Bremerton/ HDR Engineering, Inc. 2020 Naval Avenue Grant Assistance Rev. 11/2019 The provisions of this section shall survive the expiration or termination of this Agreement. 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. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. 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 redacted 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 DocuSign Envelope ID: 4DBBC877-43CE-4C65-8C2D-5A22F1767D77 Page 4 of 7 Bremerton/ HDR Engineering, Inc. 2020 Naval Avenue Grant Assistance Rev. 11/2019 operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 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. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a redacted copy of the insurance policy with all endorsements as evidence of coverage. Redactions shall be limited to personally identifying information of employees, salary information, and proprietary information unless otherwise subsequently agreed to in writing by the City and the Consultant. 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 redacted 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 Bellevue, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service DocuSign Envelope ID: 4DBBC877-43CE-4C65-8C2D-5A22F1767D77 Page 5 of 7 Bremerton/ HDR Engineering, Inc. 2020 Naval Avenue Grant Assistance Rev. 11/2019 with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bellevue, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Shane Weber Attn: Robert Avevedo City of Bremerton HDR Engineering, Inc. 345 6th Street, Suite 100 500 108th Avenue NE, Suite 1200 Bremerton, WA 98337-1891 Bellevue, WA 98004 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. DocuSign Envelope ID: 4DBBC877-43CE-4C65-8C2D-5A22F1767D77 Page 6 of 7 Bremerton/ HDR Engineering, Inc. 2020 Naval Avenue Grant Assistance Rev. 11/2019 K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. 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 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 DocuSign Envelope ID: 4DBBC877-43CE-4C65-8C2D-5A22F1767D77 Page 7 of 7 Bremerton/ HDR Engineering, Inc. 2020 Naval Avenue Grant Assistance Rev. 11/2019 of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B.Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction, provided that Consultant may retain an archival copy of such records and data for its project files subject to confidential treatment. 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: CITY OF BREMERTON By: Print Name: Its: Date: APPROVED AS TO FORM: By: Roger A. Lubovich, Bremerton City Attorney CONSULTANT: HDR Engineering, Inc. By: Print Name: Paul A. Ferrier Its: Vice President Date: 4/29/2020 ATTEST: By: Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 10 2019.docx DocuSign Envelope ID: 4DBBC877-43CE-4C65-8C2D-5A22F1767D77 Director of Public Works & Utilities Thomas Knuckey 5/6/2020 Naval Avenue: Bicycle and Pedestrian Grant Application Support City Project No. Scope for Funding Support Services April 2020 City of Bremerton Prepared by: HDR 929 108th Avenue NE, Suite 1300 Bellevue, WA 98004 DocuSign Envelope ID: 4DBBC877-43CE-4C65-8C2D-5A22F1767D77 Naval Avenue B&P Grant Application Support | Exhibit A Scope of Work HDR Page 1 of 2 CONTENTS INTRODUCTION ....................................................................................................................................................... 2 Scope of Work ..................................................................................................................................................... 2 Major Milestone Schedule .................................................................................................................................. 2 Project Assumptions ............................................................................................................................................ 2 DocuSign Envelope ID: 4DBBC877-43CE-4C65-8C2D-5A22F1767D77 Naval Avenue B&P Grant Application Support | Exhibit A Scope of Work HDR Page 2 of 2 INTRODUCTION During the term of this PROFESSIONAL SERVICES AGREEMENT (AGREEMENT), HDR Engineering, Inc. (CONSULTANT) shall perform professional services for the City of Bremerton (CITY) in connection with the following project: Naval Avenue: Bicycle and Pedestrian Funding Support City Project No. Scope of Work CONSULTANT will provide support to the CITY in applying for local grant applications to seek additional project funding. Work includes the 29 question survey for the WSDOT 2020 Pedestrian and Bicycle Program and applicable graphics, estimates and plan sheets developed as part of the Naval Ave 1st to 15th Pedestrian Enhancement project. The CONSULTANT team will work collaboratively with City to develop grant content and will have one round of review and comment. City will transfer application into WSDOT survey Monkey for delivery. The budget for this scope is lump sum not to exceed $4,500.00 and will be billed by percent complete. Major Milestone Schedule The following are major schedule milestones for the project: Notice to Proceed……………………. April 17th, 2019 Application deadline .................. July, 2020 Project Assumptions General Assumptions 1.The contract is a lump sum not to exceed agreement of $4,500.00. 2.The CONSULTANT shall not begin any work under the terms of this agreement until given a Notice to Proceed in writing by the CITY. The Consultant shall not begin any supplemental, out of scope work, or Optional Services until authorization in writing by the CITY. Compensation amount for requested supplemental, out of scope work, or Optional Services must be agreed to prior to the commencement of the related work. 3.The City will upload information into the Survey Monkey for official submission of Grant. 4.The CONSULTANT Principal in Charge for this work shall be Paul A. Ferrier, PE. The CONSULTANT Project Manager for this work shall be Robert Acevedo, PE. The CITY’s Project Manager for this project will be Chris Dimmitt, PE. Should turnover in the CONSULTANT staff necessitate a change in the project manager assignment, options shall be developed by the CONSULTANT and the new project manager will be approved by the CITY. 5.The CITY will provide to the CONSULTANT pertinent information in the CITY’s possession relating to the Project. The CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the CONSULTANT. DocuSign Envelope ID: 4DBBC877-43CE-4C65-8C2D-5A22F1767D77 FEE ESTIMATE City of Bremerton: 2020 Naval Avenue Grant Assistance Task # Task Description Total Labor Total Expenses Total For Proposal 1 Grant Assistance 4,500.00$-$ 4,500.00$ 4,500.00$ Month Percent Complete Lump Sum Values April 25.00%$1,125.00 May 25.00%$1,125.00 June 25.00%$1,125.00 July 25.00%$1,125.00 $4,500.00 Monthly Payment Breakdown Exhibit C DocuSign Envelope ID: 4DBBC877-43CE-4C65-8C2D-5A22F1767D77 Page 1 of 2 DATE(MMIDD(YYYY) oRlJ� CERTIFICATE OF LIABILITY INSURANCE 05/09/2023 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 Willis Towers Watson Midwest, Inc. c/o 26 Century Blvd P.O, Box 305191 Nashville, TN 372305191 USA INSURED HDR Engineering, Inc. 1917 South 67th Street Omaha, NE 68106 COVERAGES �EcErvELJ JU11 V 0 2023 City of Bremerton Risk Management CERTIFICATE NUMBER: wzB936177 Willie Towers Watson Certificate Center PHONE E 1-877-945-7378 A C No: 1-888-467-2378 E-MAIL DRESS: certificates@willis.com AD INSURERS AFFORDING COVERAGE NAIC# INSURERA: Liberty Mutual Fire Insurance Company 23035 INSURERB: Ohio Casualty Insurance Company 24074 INSURERC: Liberty Insurance Corporation 42404 IL`G3�71�77I 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. M DD/YYYY POLICY ILTR TYPE OF INSURANCE ADDLJSUBR POLICY NUMBER POLICY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS•MADE X OCCUR EACH OCCURRENCE $ 2, 000, 000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 110001000 A X Contractual Liability MED EXP (Any one person) $ 10,000 Y Y TB2-641-444950-033 06/01/2023 06/01/2024 PERSONAL& ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYuPEI° X LOG GENERAL AGGREGATE PRODUCTS- COMP/OPAGG $ 4r()00,000 S 91000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (E? accident) $ 2, 000, 000 X ANY AUTO - BODILY INJURY (Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y AS2-641-444950-043 06/01/2023 06/01/2024 BODILYINJURY (Per accident) $ PROPERTY DAMAGE (Per accident) HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ B UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS -MADE Y Y ECO(24)57919363 06/01/2023 06/01/2024 EACH OCCURRENCE $ 1,0001000 - - - $ 110000000 X AGGREGATE DED X RETENTION$ 0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED? No (Mandatory In NH) N!A Y WA7-64D-444950-013 06/01/2023 06/O1/2024 X STATUTE ER — EL, EACH ACCIDENT E,L. DISEASE - EA EMPLOYEE $ 110000000 $ 1,000,000 II yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 11000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certificate Holder is named as Additional Insured on General Liability, Automobile Liability and Umbrella/Excess Liability on a Primary, Non-contributory basis where required by written contract, Waiver of Subrogation applies on General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation where required by written contract and as permitted by law, Umbrella/Excess policy is follow form over General Liability, Auto Liability and Employers Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton Attn: Chris Dimmitt AUTHORIZED REPRESENTATIVE 345 6th Street, Suite 100 /%' /�� "�-- Bremerton, WA 98337-1891 01988.2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 24107690 BATCH: 2967386 397: 2 of 1( _ �, LAG #; .� : �, �! � �� AGENCY NAMED INSURED Vdiilia Towsrs Watson Midw®st, Inc. HDR Engineering, Snc. 1917 South 67th SLreat Omaha, NC G8106 POLICY NUMDER see Bag® 1 CARRIER NAIC CODE See Bag® 1 See Page 1 EFFECTIVE DATE: S®® Bag® 1 1 t ® 11i � " "� � x � s � "l SR ID:2,4107690 SATCH:2967386 CERT:W28938177 397: 2 of 10 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Far all sums which the insured becomes legally b. Claims made or "suits" brought; or obligated to pay as damages caused by "occur. o, Persons or organizations making claims or rences" under Section I ® Coverage A, and for all bringing "suits". medical expenses caused by accidents under Section I — Coverage C, which can be attributed 3. Any payments made under Coverage A for only to operations at a single designated "loco damaexpenses es or Linder Coverage the Designated fated Lfor ocal tion shown in the Schedule above: p g 1. A separate Designated Location General tion General Aggregate Limit for that desig- p g nated "location". Such payments shall not re - Aggregate Limit applies to each designated duce the General Aggregate Limit shown in "location", and that limit is equal to the the Declarations nor shall they reduce any amount of the General Aggregate Limit other Designated Location General Aggre- shown in the Declarations, gate Limit for any other designated "location" 2. The Designated Location General Aggregate shown in the Schedule above. Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each damages under Coverage A, except damag- Occurrence Damage To Premises Rented To es because of "bodily injury" or "property You and Medical Expense continue to apply. damage" included in the "products -completed However, instead of being subject to the operations hazard", and for medical expenses General Aggregate Limit shown in the Decla- under Coverage C regardless of the number rations, such limits will be subject to the appli- of: cable Designated Location General Aggre- a. Insureds; gate Limit. © Insurance Services Office, Inc., 200a3 397; 3 of 10 �. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I —Coverage A, and for all medical expenses caused by accidents under Section I ®Coverage G, which cannot be at- tributed only to aperatians at a single designated "location" shown in the Schedule above: �. Any payments made under Coverage A for damages or under Coverage C for' medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit, C. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. �. Far the purposes of this endorsement, the �efl- niti�ras Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. �. The provisions of Section III —Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. © Insurance Services Office, Inc,, 2(108 CG 25 0� 05 09 397; 3 of 10 �� r This endorsement modifies insurance provided under the following; F'3a:I�rM7AlAl Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I A Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Conm struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con" struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. CG 25 03 05 09 O Insurance Services Office, Inc., 2008 13. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I —Coverage A, and for all medical expenses caused by accidents under Section I ®Coverage G, which cannot be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage G for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Praject General Aggre- gate Limit, �. When coverage far liability arising aut of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products®completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Lirnit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restaried, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the projeot will still be deemed to be the same construction pro- ject. �. The provisions of Section III —Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. cU Insurance Services Office, Inc., 2Q0� CC 25 03 05 09 397: 4 of 10 POLICY NUMBER: TB2-641-444950- 033 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITYCOVERAGE PART COMMERCIAL GENERAL LIABILITY CG20101219 A Seo#ion II Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project (other than service, respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its in the performance of your ongoing operations for intended use by any person or organization the additional insured(s) at the location(s) other than another contractor or subcontractor designated above, engaged in performing operations for a principal as a pat of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III — Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured will amount of insurance: not be broader than that which you are required 1. Required by the contract or agreement; or by the contract or agreement to provide for such additional insured. 2. Available under the applicable limits of B. With respect to the insurance afforded to these insurance; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase tie This insurance does not apply to "bodily injury" or applicable limits of insurance. "property damage" occurring after: Name Of Additionallnsured Persons) Or Organization(s}: SCHEDULE Locations) Of Covered Operations Any person or organization with whom you have agreed All locations as required by a written Conti -act or through written contract, agreement or permit to provide agreement entered into prior to an "occunence" or additional insured coverage offense Information required to complete this Schedule, if not shown above, will be shown in the Declarations, CG20101219 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUME3ER: TB2-641-444950- COMMERCIAL GENERAL LIAF311_ITY 033 CG 20 37 '12 19 T'�il� �NC�c����M�f�T C{�AN��S THE �C�LIC�Y. F'L�A��. R�A� li �P,I���IJLL_Y. T17is endorsement modifies insurance provided under the followinng: COMMERCIAL GENERAL UA�ILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIADILITY COVERAGE PART A Section II -- Who Is An Insured is amended to 3. With respect to the insurance affardeci to these include as an additional insured the persons) or additional insureds, tha following is added to organizatian(s) shown in tl7e Schedule, but only Section III —Limits Of Insurance; with respect to liability for "bodily injury" ar If coverage provided to the additional insured is ;;property damage" caused, in whale or in part, by required by a contract or agreement, the most we yorPr work' at the location designated and will pay an behalf of the additional insured is the described in the Schedule of this endorsement amount of insurarce: performed for that additional insured acid included in the "products-campletecl operations hazard". 1. Rertuired by the contract or agreement; or Nlowever; 2. Available under the applicable limits of 1. The insurance afforded to such additional insr.rrance; insured only applies to the extent permitted by whichever is less, law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is limits of insurance. roquired by a contract ar agreement, the insurance afforded to such additional insured will not be broader than tk�at which you are required by the contract ar agreement to provide for such additional insured. SGHEDIJLE Nance Of Additional Insured f'erson(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization to whom ar to which yarP are Any location where you have agreed, through written, required to provide additional insured status in a written cantraat, agreoment, ar permit, to provide additional contract, agreerrrent or permit except: where such insured cavarage for completed operations contact or agreement is prohibited. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. GG203712'19 ©Insurance Services Office, Inc., 2018 Page 1 of � 397: 5 of 10 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART QESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART QESIGNATEQ SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAQ PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY QESIGNATEQ TANKS As required by written contract ar agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. We waive any right of recovory against the persons) or organizations) shown in the Schedulo above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. OO Insurance Services Office, Inc., 2018 397: 6 o(1C Policy Number TB2-G41-4449�0-033 Issued by Liberty Mutual Fire Insurance Company � � __ _ �, _ This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The fiollowing is added to Section IV —Conditions 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will nat seek 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 (2) You have agreed prior to a loss, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (3) This insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured lay attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". LD 24 153 p>3 16 0201� Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 397; 6 0(10 POLICY NUMBER: AS2-641-444g50-043 _� �_� � .�� � A,� �.. � � - _� This endorsement modifies insurance provided under the following: AUTO bEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM w �_ e _A .r! � "1 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies persons) or organizations) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Name Of Persan(sj Or Organizatian{sj: As required by written contract ' Information required to complete this Schedule, if not shown above, will be shown in the Declaratians. Each person or organization shown in the Schedule is an "insured" far Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph B.2. of Section I — Covered Autos Coverages of the Auta Dealers Coverage Form, O Insurance Services Office, Inc., 2011 397: 7 of 10 Policy NumbeY: R,; �:_F:��11•-�l �l9 `fir`:>��•-i.i!� "'� Issued by: LiJ.�c:ii_}; h��b_ri.�_ic�1 Fi.to Ins�_rr<<r�co �__'�-,ru1:�._u-,y ._ . _ a �i � x � _� This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form appply unless modified by this endorsement. This endorsement identifies persons) ar organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage farrll. 4 %U;'�: f,r�1.,;�_,t� �_�r � t�_�,=u�i=.,ifi�-�•n s�,rliet_e I_ln� IJ,:�ru�_1 Tu;_uie�.1 li�i,-! ,�i_rt�e;�� 1->y �.>> if t� � �:C�ll�- 1 ;��JI_ I 111t'1 �l�-i� :;I.7�;i] t �l ;?C�ll �,1 � LC{�1111 "'"ir 1C�r� Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form, The following is added to the ®titer In��ar�n�e �4nd'Iti�rt: If you have agreed in a written agreement that this policy will be primary and witl`rout right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was exeauted prior to the "bodily injury" or "praperky damage", then this insurance will be primary and we will not seek contribution from such insurance. B�+O �4 23 U� 11 O 2010, Liberty Mutual Group of Companies. All rights reserved, Includes copyrighted material of Insurance Servires Office, Inc., with its permission, Page 1 of 1 397; 7 of 10 This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endarsement, the provisions of the Coverage Form apply unless modified by the endorsement, Names) Cif Persons) �r C�rganization(s): Any person or organization for whom you perform work under a written contract of the contract requires you to obtain this agreement from us but only if the contract is executed prior to the injury or damage occurring. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer �f Rights ®f Recovery Against Others To Us condition does not apply to the persan(s) or organizatian(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a c ontract with that person or organization. �; d � C�� Insurance Services Office, Inc., 2011 397: II of 1C , r,- We have the right 'to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against 1:he person ar organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreernen# from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule, Schedule Where required by contract ar written agreement prior to lass. Issued by: Liberty Insurance corporation Far attachment to Policy No Wn7-G4D-444950-0'13 Effective Date 06/01/2023 Premium Issued to:NDR Engineering, Inc. w� ao os � � d. 411!'i9�4 ©1983 National Council on Compensation Insurance, Inc. Page 1 of 1 397: 8 of 10 Policy Number T132-641444950-033 Issued by Liberty Mutual Fire Insurance Company This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELFdNSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY — UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)1 Organizatlon(s). Email Address or mailing address: Number Bays Notice. As required by written contract or As required by written contract or 30 written agreement written agreement A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverageI we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective, In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy, All other terms and conditions of this policy remain unchanged. LINT 99 04 03 14 02014 Liberty Mu#ual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 397: 9 of 10 Policy Number AS2-64�-44495f1-043 Issued by Liberty Mutual Fire Insurance Company This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY —UMBRELLA COVERAGE FORM Scf�edule Name �fi Other F�erson(s)1 Email Address r�r mailing address: N�rmber days Ne,kl�e; prganlzakion s): As required by written oantraot 30 or writken agreement A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage, we will notify the persons ar organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy, All other terms and conditions of this policy remain unohanged. LIM 99 04 03 14 ©2014 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 397; 9 of 10 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule faelow. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no ovent does tho notice to the third party exceed the notice to the first named insured. �. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not oxtend the policy cancellation date nor negate cancellation of the policy. Name of tither Persons) I email Address or mailing address; Number days Notice: Organization(s): As required by written 30 contractor agreement All other terms and conditions of this policy r®main unchanged. Issued by Uberty Insurance Corporation Far attachment to Policy No. WA7-64D-44495p-093 Cffective pate 06I09J2023 Premium $ Issued to HpR Engineering, inc. Endorsement WC 99 20 75 Ed. 12l0112016 O 2016 Liberty Mutual Insurance 1►L■� 397: 10 of 1 397: 10 of 10 �