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Home My WebLink About6152Page 1 of 8 Bremerton /Rice Fergus Miller NDGC 6th Floor Protection Shield Rev. 06/2020 PROFESSIONAL SERVICES AGREEMENT NDGC 6th Floor Protection Shield The City of Bremerton (“City”) and Rice Ferus Miller 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 August 13, 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 schedu le attached hereto as Exhibit A; 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 pursua nt to this Agreement, the City shall pay Consultant in an amount not to exceed $10,000.00. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit A 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 II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit A. 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 A. If a billing statement does not conform to this Agreement, the City may withho ld payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. DocuSign Envelope ID: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 Page 2 of 8 Bremerton /Rice Fergus Miller NDGC 6th Floor Protection Shield Rev. 06/2020 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 Cit y 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 DocuSign Envelope ID: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 Page 3 of 8 Bremerton /Rice Fergus Miller NDGC 6th Floor Protection Shield Rev. 06/2020 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. 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 limit s 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. DocuSign Envelope ID: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 Page 4 of 8 Bremerton /Rice Fergus Miller NDGC 6th Floor Protection Shield Rev. 06/2020 The Consu ltant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 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 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 Bremerton, 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: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 Page 5 of 8 Bremerton /Rice Fergus Miller NDGC 6th Floor Protection Shield Rev. 06/2020 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 Consu ltant 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 Bremerton, 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: City Clerk Attn: Steve Rice City of Bremerton Rice Fergus Miller, Inc. 345 6th Street, Suite 100 275 Fifth Street, Suite 100 Bremerton, WA 98337-1891 Bremerton, WA 98337 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: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 Page 6 of 8 Bremerton /Rice Fergus Miller NDGC 6th Floor Protection Shield Rev. 06/2020 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 aris ing 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. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilitie s Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. 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. DocuSign Envelope ID: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 Page 7 of 8 Bremerton /Rice Fergus Miller NDGC 6th Floor Protection Shield Rev. 06/2020 A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Federal fund ing, 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: CONSULTANT: CITY OF BREMERTON Rice Fergus Miller, Inc. By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Steve Rice August 14, 2020Principal Tom Knuckey Director of Public Works and Utilities 8/14/20 DocuSign Envelope ID: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 Page 8 of 8 Bremerton /Rice Fergus Miller NDGC 6th Floor Protection Shield Rev. 06/2020 Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx DocuSign Envelope ID: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 275 Fifth Street, Suite 100 Bremerton, WA 98337 (360) 377-8773 rfmarch.com August 13, 2020 Revised August 14, 2020 Katie Ketterer City of Bremerton 345 6th Street Bremerton, WA 98330 Re: City of Bremerton Protection Shield RFM Project Number: 2020048.01 Dear Katie, Rice Fergus Miller (RFM) is pleased to present the following Letter of Agreement to provide professional architectural design services at the Norm Dicks Government Center on 6th Street in Bremerton. I. Project Description The City of Bremerton (COB) is looking to install a transparent security barrier at the 6th Floor customer counter that will also function as a wellness screen. II. Scope of Basic Services Based on the selected “Full Touch” scheme selected from our previous scope of work, RFM will provide the following basic services. Construction Documents and Permitting: (duration approx. 2 weeks) · Produce architectural construction documents (drawings and outline specifications) for the scope of work indicated in the selected “Full Touch” scheme, a) ready for building permit submittal, and b) adequate to support the general contractor’s ability to carry out the work. To be included, along with supporting code and detail documentation, are Floor plan, Ceiling plan, Interior elevations, and concept lighting plan. · We have included a small structural engineering piece, to cover the soffit attachments to the roof support. We will contract with WSW Engineering. · Submit the construction documents package to the City of Bremerton Department of Community Development and pick up City review comments for final approval. Construction Administration: (duration approx. 3-4 weeks) If requested, RFM will provide Construction Administration services. Architect will work on the Owner’s behalf on the following anticipated tasks: · Answer Contractor questions that routinely arise in the construction process. · Respond to Contractor initiated Requests For Information (RFI’s) and issue supplemental instructions when required. · Visit the project site when doing so is the most expedient way to answer questions or resolve issues. DocuSign Envelope ID: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 Letter of Agreement City of Bremerton August 13, 2020, Revised August 14, 2020 Page 2 of 3 · Assist in resolving issues or answering concerns generated by the City of Bremerton. · Review substitution requests, if any, and review product submittals. · Perform punch list at project’s Substantial Completion, if requested. Scope Assumptions and Exclusions · Mechanical, Electrical, Plumbing and Fire Suppression design services will be contracted by the Owner or Contractor as design-build. · Design for fire detection and alarm, security alarm and surveillance, data/phone communications, and wireless are provided by others. · Furniture and/or equipment selection, documentation, procurement and installation is provided by the owner and will be coordinated by the owner with the Contractor. III. Additional Services The following services, though they could be provided by RFM, are not included in our Scope of Basic Services and, if requested, will be billed as Additional Services. · Measured drawings or verification of the existing space, if required due to quality or completeness or what is available, would be treated as an additional service. · Tasks and/or services not listed above. IV. Owner Responsibilities It is our understanding that City of Bremerton will provide full information, including a program, setting forth its design objectives, constraints, and criteria. The City of Bremerton is responsible for the expedition of the permitting process, review, and response time. V. Schedule The RFM team is ready to begin work upon execution of this proposal by the City, and complete documentation for permitting within approximately 2 weeks. Construction Administration services shall be completed by December 2020. VI. Compensation For the Basic Services outlined above, compensation shall be computed on an hourly basis to a maximum of Ten Thousand Dollars ($10,000.00) at our standard hourly rates, as listed in the attached Terms of Agreement for Design Services, plus reimbursable expenses, plus any applicable tax. Construction Documents and Permitting $7,800 Structural Consultant $1,200 Construction Administration (allowance) $1,000 Total Fee $10,000 Additional Services, if requested, will be billed on an hourly basis at our standard hourly rates, as listed in the attached Terms of Agreement for Design Services, or as agreed to prior to commencement of the Additional Services. DocuSign Envelope ID: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 Letter of Agreement City of Bremerton August 13, 2020, Revised August 14, 2020 Page 3 of 3 VII. Terms of Agreement The enclosed Terms of Agreement for Design Services is, by reference, included as a part of this Agreement. VIII. Summary This Letter of Agreement shall be valid for thirty days. If this Letter of Agreement meets with your approval, please sign in the space provided below and return an executed copy to our offices as direction to proceed. An amendment to our existing contract will be executed by the City; we expect this Letter of Agreement would be attached as an exhibit. Sincerely, Approved for the City of Bremerton by: Rice Fergus Miller, Inc. Approved for Rice Fergus Miller by: Steven M. Rice, Principal Signature Date Printed name Title (Person signing represents that she or he is legally authorized to sign on behalf of Owner). Attachments: Terms of Agreement for Design Services DocuSign Envelope ID: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com Terms of Agreement for Design Services Date of Agreement: August 13, 2020 Project: City of Bremreton Protection Shield Project No.: 2020048.00 I. COMPENSATION Compensation for Professional Services is billed as an hourly service or percentage of project completion. Compensation for Additional Services shall be billed on an hourly basis according to the billing rate schedule below, or as agreed to prior to the commencement of the services. II. 2020 HOURLY BILLING RATES Principal in Charge: $ 275.00 Senior Planner: $ 175.00 - $ 275.00 Project Manager: $ 130.00 - $ 190.00 Project Architect: $ 120.00 - $ 190.00 Project Designer: $ 120.00 - $ 190.00 Staff Architect: $ 125.00 - $ 160.00 Staff Designer: $ 115.00 - $ 155.00 Interior Designer: $ 90.00 - $ 160.00 Technical Designer: $ 95.00 - $ 160.00 Production Support: $ 85.00 - $ 155.00 Graphics Visualization Staff: $ 95.00 - $ 160.00 Project Coordinator: $ 80.00 - $ 120.00 Administrative Support Staff: $ 80.00 - $ 120.00 The rates and multiples set forth above shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller, Inc. III. CONSULTANTS The costs of consultants and subcontractors for model construction, artist’s renderings, etc., when required and authorized by the Owner, shall be billed at a markup of twelve percent (12%) the expenses incurred by Rice Fergus Miller, Inc. IV. REIMBURSABLE EXPENSES Reimbursable expenses are in addition to compensation for professional services and include printing and reproduction; film and processing; CAD plotting; long distance telephone charges; postage, express delivery, and courier charges; transportation and parking; and automobile use. Except as noted above, reimbursable expenses shall be billed at a markup of twelve percent (12%) the expenses incurred by Rice Fergus Miller, Inc., to cover taxes, insurance, and administrative costs. DocuSign Envelope ID: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 Terms of Agreement for Design Services August 13, 2020 Page 2 of 2 V. INVOICING AND PAYMENTS Invoices shall be rendered monthly for services and for reimbursable expenses incurred during the preceding month. Services shall be billed on an hourly basis. Payments are due and payable upon receipt of the invoice by the Owner. Failure of the Owner to notify the Architect in writing of any disputes with the amount of any monthly invoices within thirty (30) days of receipt by the Owner shall be considered acceptance of those invoices for payment under this agreement. Amounts unpaid thirty (30) days after the date of the invoice shall bear interest at the rate of one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law, whichever is less. In addition, Rice Fergus Miller, Inc. may, after giving written notice to the Owner, suspend services until all amounts due are paid in full, and the Owner shall indemnify, defend and pay any claims and expenses incurred by Rice Fergus Miller, Inc. resulting from such work stoppage and expenses from collection of amounts past due. VI. OTHER CONDITIONS 1. Limitation of Liability: The Owner and Rice Fergus Miller, Inc. have discussed the risks, rewards and benefits of the project and Rice Fergus Miller, Inc.'s total fee for services. The risks have been allocated such that the Owner agrees that, to the fullest extent permitted by law, Rice Fergus Miller, Inc.’s total liability to the Owner for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any cause or causes, shall not exceed the total amount of Rice Fergus Miller, Inc.’s total fee for services rendered on this project. 2. Ownership of Documents: The Owner acknowledges Rice Fergus Miller, Inc.’s documents as Instruments of Professional Service. All reports, plans, specifications, field data and notes, and other documents, including all documents on electronic media, prepared by Rice Fergus Miller, Inc. as Instruments of Professional Service shall remain the property of Rice Fergus Miller, Inc. In the event the Owner uses these Instruments of Professional Service without retaining Rice Fergus Miller, Inc. as the author of the Instruments of Service, the Owner releases Rice Fergus Miller, Inc. and their consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless Rice Fergus Miller, Inc. and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service. Owner Initial Date DocuSign Envelope ID: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 8/17/2020 Hall &Company 19660 10th Ave NE Poulsbo WA 98370 Allison Barga 360-626-2007 360-626-2007 abarga@hallandcompany.com Arch Insurance Company 11150 2249 Rice Fergus Miller Inc 275 5th Street,Suite 100 Bremerton WA 98337 388847782 A Professional Liab:Claims Made PAAEP0119900 2/23/2020 2/23/2021 $5,000,000 Per Claim $5,000,000 Aggregate NDGC 6th Floor Protection Shield RFM Project Number 2020048.00 City of Bremerton 345 6th Street Bremerton WA 98337 DocuSign Envelope ID: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 8/17/2020 (360) 373-4100 (360) 792-2454 24066 Rice-Fergus-Miller, Inc. 275 5th Street, Suite 100 Bremerton, WA 98337 24082 24074 A 2,000,000 X X BZA55354881 3/1/2020 3/1/2021 15,000 4,000,000 1,000,000B BAS55354881 3/1/2020 3/1/2021 4,000,000C USO55354881 3/1/2020 3/1/2021 10,000 4,000,000 A BZA55354881 3/1/2020 3/1/2021 1,000,000 1,000,000 1,000,000 RE: City of Bremerton Protection Shield Operations of the Named Insured, City of Bremerton City of Bremerton 345 6th Street, Ste 100 Bremerton, WA 98337 RICEINC-01 JENNIFERD Fournier Insurance Solutions5712 Orchard St. W.University Place, WA 98467 requests@fourniersolutions.com American Fire and Casualty Company Ohio Security Insurance Company The Ohio Casualty Insurance Company X X X X X X DocuSign Envelope ID: 6D1C88FF-C65E-47F1-B63F-01691ABAFBE9 RI32/,&< 180%(5%86,1(662:1(56 %3 7+,6 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