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HomeMy WebLinkAboutOriginal - mod. 1DocuSign Envelope ID: DBF696CD-D381-4D9D-B39C-43D71DABA53F DocuSign Envelope ID: DBF696CD-D381-4D9D-B39C-43D71DABA53F 8/11/2020 Greg Wheeler 8/11/2020 Mayor AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: September 12, 2018 Agreement with Rice Fergus Miller COUNCIL MEETING Date: September 19, 2018 Architects for design of the Quincy Square Department: Public Works & Utilities on 4th Street Project Presenter: Katie Ketterer Phone: (360)473-5334 SUMMARY: Staff advertised a Request for Statement of Qualifications and based on an evaluation of the qualifications received from three firms, staff has determined Rice Fergus Miller is the most qualified to provide the design for the Quincy Square on 4th Street project. RFM will design and provide full plans, specifications and estimates for improvements to 4th Street from Washington Avenue to Pacific Avenue. A scope of work was submitted and the contract was negotiated in the amount of$495,000. ATTACHMENTS: 1. Professional Services Agreement with Rice Fergus Miller, Inc. FISCAL IMPACTS (Include Budgeted Amount): The City received a CDBG grant($300,000) and a State Appropriation ($250,000)to fund the design of the Quincy Square on 4th Street project, and the work is in the 2018 budget. STUDY SESSION AGENDA: © Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Rice Fergus Miller Architects for design of the Quincy Square on 4th Street Project in the amount of$495,000.00; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: MApprove ❑ Deny ❑ Table [' Continue ❑ No Action Form Updated 01/02/2018 PROFESSIONAL SERVICES AGREEMENT Quincy Square on 4th Street— Project#315012 The City of Bremerton ("City") and Rice Fergus Miller, Inc. ("Consultant"), referred to collectively as the '`Parties,"enter into the following Agreement for professional services: 1. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated September 10, 2018, 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 V11.EE 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. H. 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 $495,000. 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. 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. Page 1 of 8 Bremerton/Rice Fergus Miller Quincy Square on 4th Street Rev. 07/2018 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, 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 Page 2 of 8 Bremerton/Rice Fergus Miller Quincy Square on 4th Street Rev. 07/2018 PURPOSES OF TFIIS 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 limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 3 of 8 Bremerton/Rice Fergus Miller Quincy Square on 4th Street Rev. 07/2018 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 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. 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 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 he at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Page 4 of 8 Bremerton/Rice Fergus Miller Quincy Square on 4th Street Rev. 07/2018 D. Work Performed at ConsuItant'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 addresseslisted below byregistered or 1st class mail, orb personal service, and Y 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: Steven M. Rice, Principal City of Bremerton Rice Fergus Miller, Inc. 345 6th Street, Suite 100 275 5th 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. 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. Page 5 of 8 Bremerton/Rice Fergus Miller Quincy Square on 4th Street Rev.07/2018 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: "Phis 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 Consultant without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state,or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: I)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 Page 6 of 8 Bremerton/Rice Fergus Miller Quincy Square on 4th Street Rev. 07/2018 invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. By signing this Agreement which involves Federal funding, I, (name and title of Consultant's official) Steven M. Rice hereby certify on behalf of Rice Fergus Miller, Inc., that neither Consultant 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, in accordance with Executive Orders 12549 and 12689, 24 C.F.R. part 24. 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. XI. Additional Certifications and Covenants for Contracts with Federal Funding. A. By signing this Agreement, I, (name and title of Consultant's official) Steven M. Rice , hereby certify on behalf of Rice Fergus Miller, Inc., that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of Consultant,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Consultant shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. iii.Consultant shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section Page 7 of 8 Bremerton/Rice Fergus Miller Quincy Square on 4th Street Rev. 07/2018 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. No Conflict of Interest: By signing this Agreement, I, (name and title of Consultant's official) Steven M. Rice ,hereby covenant on behalf of Rice Fergus Miller, Inc., that no person who presently exercises any functions or responsibilities in connection with the City of Bremerton Block Grant Program will obtain a personal or financial interest from the assisted activity. Consultant further covenants that Consultant and its employees presently have no interest in, nor shall Consultant or its employees acquire any interest, direct or indirect, either for themselves or those with whom they have business, or family, which would conflict in any manner or degree with the performance of'Consultant's services hereunder. The Consultant further covenants that in the performance of this Agreement, any potential conflict on the part of the Consultant or its employees will be disclosed to the U.S. Department of Housing and Urban Development and the City. C. Clean Air Act(42 U.S.C. 7401 et seq.)and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended—As this contract is in excess of$150,000 the Parties agree to comply, and to require all subcontractors and subconsultants to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and Federal Water Pollution Control Act. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON Rice Fergus Miller, Inc: _ . . Wit . , � . By: ABy: . - Print Nam : �reg Wheeler Print Name: Steven M. Rice Its: Mayor Its: Principal Date: et 12812 o t $ Date: September 25, 2018 APPROVED AS TO FORM: ATTEST: By: / By:I I l L� Pd Roger A. Lu ovic -menton ity Attorney Angela Ws Ids, City Clerk R\Legal\Legal\Departments-General\PW&U\Quincy Square Rice Fergus PSA 2018.8.28.docx Page 8 of 8 Bremerton/Rice Fergus Miller Quincy Square on 4t Street Rev.07/2018 RICkeigusMILLER 275 Fifth Street,Suite 100 Bremerton,WA 98337 (360)377-8773 rfmarch.com Scope of Work- Exhibit A September 10, 2018 I. Project Description The preliminary concept design for Fourth Street envisions an inviting urban neighborhood which increases desirability for prospective businesses and residents to locate on or near Fourth Street.This gathering space would act as a catalyst for larger redevelopment in downtown Bremerton.The project involves a completely new"Urban Complete Street"in the city right-of- way between Washington and Pacific Avenues.Together with above-ground amenities,the project will create a modern arterial that can be transformed into an urban public space. Even though the name does not predicate design process or concept,the public space is anticipated to be known as Quincy Square. ii. Scope of Services Design and engineering scope of services are as follows: Note:descriptions here include all architectural,landscape,architectural cost estimating, lighting,and cultural consultant services.For transportation and civil work,see the attached complementary proposal from Parametrix. We have assumed preparation for and attendance at public meetings at 10%, 30%and 100% stages,and two City Council meetings(5 meetings total). Task 1 - Project Administration and Meetings Objectives:obtain project data,monitor and manage scope,schedule, and budget;periodically meet with the City of Bremerton and other members of design team to review project status. Activities: • Prepare a detailed schedule showing all major tasks,meetings,and review milestones. • Prepare,attend,and present at three public meetings and two council meetings. • Manage and direct the project team and subconsultants. • Provide routine project management and communication regarding scope,schedule, budget,and invoicing. Deliverables:the following deliverables are associated with this task: • Attend design meetings with the City and consultants. • Routine correspondence including monthly progress reports. • Provide monthly invoice describing number of hours spent on each task. Task 2 - Concept Design(10%) Objective:To develop concept architectural drawings and alternative functional options for public input. Activities:the following activities will be performed: • Develop conceptual alternative layouts in targeted study areas.The targeted areas will included architectural amenities,parking,and circulation scheme. Scope of Work - Exhibit A September 10, 2018 Page 2 • Prepare schematic plans for public meeting using the 10%alternative layout as a basis. • Attend City Council meeting to present 10%design schemes and result of the public meeting. Deliverables: the following deliverables are associated with this task: • Conceptual layout plans showing the alternative layouts for the public meeting. • Site plan drawing showing road closure options, inspiration images showing site plan amenities and urban streetscape,and performance lighting and props plan diagram. • Brief technical memorandum presenting results of analysis with a recommendation for preferred alternative. Assumptions:the following assumptions apply to this task: • Concept-level design will be the basis of design. • Up to three alternative layouts will be developed. • Review meeting with City Council to discuss results of analysis will be attended by RFM. Task 3 - Environmental Documentation Objective:assist the City in obtaining project National Environmental Policy Act(NEPA)/ Washington State Environmental Policy Act(SEPA)approval. See attached consultant proposals for list of activities, deliverables and assumptions associated with this task. Task 4 - Preliminary De_s_ign(30%) Objective:prepare preliminary(30%)design and engineering plans, cost estimate, and schematic plans to support public meetings. Activities:the following activities will be performed: • Prepare preliminary(30%)design and engineering plans for 4th Street. • Prepare a 30%cost estimate. • Prepare schematic plans for public meeting using the 30%design as a basis. Deliverables:the following deliverables are associated with this task: • Conceptual layout plans showing selected layouts for the public meeting. • Site plan drawing showing amenities, urban streetscape, performance lighting and props. • North and south elevation showing pertinent features. • Inspiration board showing site furnishings and architectural features. Task 5 - Final Design(6Q%,95%,and Final bid set) Objective: prepare 60%,95%, and Bid Set plans,specifications, and cost estimates for the roadway, utility, and above-ground improvements. Activities: the following activities will be performed: • Prepare engineering and design plans for Fourth Street improvement. • Coordinate consultants' bid drawings. • Prepare a 60%cost estimate. • Assist City of Bremerton with building permit submittal to Department of Community Development for above-ground elements. Scope of Work - Exhibit A September 10,2018 Page 3 • Assist City of Bremerton with bid support including responding to addendums and bid evaluation. • Prepare and attend public meeting using the 100%design. • Attend City Council meeting to present 100% design and result of the public meeting. Deliverables: the following deliverables are associated with this task: • Presentation drawings for second council meeting. • Permit drawing set as needed for above-ground elements. • Provide coordinated bid drawing set and specifications containing architectural and subconsultants. • Final cost estimate for civil and above-ground elements. Task 6 - Subconsultants Objective: RFM will procure subconsultants to provide traffic and civil engineering, cultural resources, landscape architecture,cost estimating and architectural lighting design.A detailed scope of work and budget for each subconsultant is attached. RFM will coordinate subconsultants' design and documentation into a coherent deliverable. Activities:the following activities will be performed: • Parametrix will provide civil,transportation, structural, basic street lighting,electrical and survey services. See Exhibit A-1 for their scope of work, • Emily Russell Landscape Architecture will provide landscape and streetscape design and documentation services. See Exhibit A-2 for their detailed scope of work. ▪ Cultural Resource Consultants(CRC)will conduct a cultural resources survey and provide SEPA and NEPA support documentation.See Exhibit A-3 for their scope of work. ▪ TBD consultants will provide architectural cost estimating services at 30%and 60% milestones.See Exhibit A-4 for their scope of work. • PLA Design will provide specialty lighting design and specification services. See Exhibit A-5 for their scope of work. 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. • Additional council or public meetings • Owner Requested Schedule beyond those detailed above under Extensions section II. • Re-Bid at Owner's Option ▪ Marketing collaterals: Photo Realistic • LEED or other certifications Renderings,3-D Physical Modeling requiring planning&documentation • Photography • Purchasing and/or Installation • Branding and theme-based Support promotional tasks • Record Drawings to verify existing • Jurisdictional Review beyond first conditions review comments • Fast Track Project • Owner Requested Changes to the Design or Contract Documents after approval stages(30%,60%and 90%) IV. Owner Responsibilities It is our understanding that the City of Bremerton Public Works&Utility Department will provide full information, including as-built drawings,GIS maps of utilities, City standards, certified land survey showing boundary and topography of the site,and the services of soil engineers,hazardous materials surveyors, or other consultants when such services are deemed to be necessary. EXHIBIT A-1 Parametrix ENGINEERING PLANNING ENVINONMENrAL SCIENCES SCOPE OF WOR< Rice Fergus Miller Quincy Square INTRODUCTION The Quincy Square project involves reconstruction of one block of 4th Street between Washington Avenue and Pacific Avenue in downtown Bremerton.This document describes the Parametrix(PMX) proposed scope of work (SOW) for providing civil engineering design services for the project.A proposed schedule is included in this scope and our proposed budget is attached as Exhibit C.Main elements of the work will consist of • Reconstructing the block to include a pedestrian plaza that can be closed to traffic. • Reconstructing the Paci`ic Avenue and 4th Street intersection to create a table. • Performing analysis at a 10%design level to aid in the selection a preferred configuration. • Designing ADA-compliant curb ramps and driveway approaches at approximately eight locations. • Designing pedestrian sidewalks,street lighting, channelization,and signing. Specific tasks for Phase 1—Engineering Design Phase are described below. Phase 2 services will consist of construction engineering services and will be added at a later time. PHASE 1 — ENGINEERING DESIGN Objective Obtain project data; monitor and manage scope, schedule, and budget;and periodically meet with Rice Fergus Miller HEM), the City of Bremerton(City), and other members of the design team to rev ew project status. Activities The following activities will be performed: • Attend bi-weekly project meetings at REM or City offices. In addition, we anticipate attending up to two public meetings. • Manage and direct the PMX project technical team. • Provide routine project management and communications (e.g., scope, schedule, budget, invoicing). • Prepare detailed monthly progress reports and progress billings, and submit to REM for approval and payment.The monthly report will include a narrative of the work performed and the tasks to be performed in the next reporting period. Rice Fergus Mille 233-1996 BAH Quincy Square I September 2018 Scope of Wore SCOPE OF WORK(continued) Deliverables The following deliverables are associated with this task: • Routine correspondence including monthly progress report. Assumptions The following assumptions apply to this task: • Bi-weekly project meetings will be attended by the PMX project manager(PM)and lead roadway engineer. • One PMX team member will attend the public meetings. • Project duration for design services will be 15 months(October 2018 through December 2019). Objective To perform a streamlined analysis to support selection of a final street configuration. Activities The following activities will be performed: • Initiate topographical survey described under Task 6 below. • Incorporate existing as-builts and topographical survey base map into design CADD files and develop conceptual street,sidewalk,and parking layout. • Develop an opinion of probable costs for layout. Deliverables The following deliverables are associated with this task: • Conceptual layout plan in 22-by 34-inch plan format at 1 inch equals 20 feet scale. • Opinion of probable costs for layout. Assumptions The following assumptions apply to this task: • One plan sheet showing the preferred layout will be developed. • Review meeting to discuss results of analysis will be attended by PMX PM and lead roadway engineer. • Topographic survey may not be complete in time for use in developing the layout before the November 5 submittal due date(see schedule below). In this case, the layout will be based on information from as- bui Its. Rice Fergus Miller 233-1896-8AH Quincy Square 2 September 2018 Scope of Work SCOPE OF WORK(continued) Objective Assist the City in obtaining project National Environmental Policy Act(NEPA)/Washington State Environmental Policy Act(SEPA)approval. Activities The following activities will be performed: • Prepare a SEPA checklist for applicable local permit. • Prepare and submit a Categorical Exclusion Documentation Form(or equivalent)for NEPA approval to satisfy loan requirements. Deliverables The following deliverables are associated with this task: • Completed Categorical Exclusion Documentation Form(or equivalent). • Completed SEPA checklist. Assumptions The following assumptions apply to this task: • The cultural resource survey report for the project will be prepared by others. Objective Prepare preliminary(30%)engineering plans and opinion of probable costs. Activities The following activities will be performed: • Initiate 30%level design using the preferred layout from Task 2. • Identify potential utility conflicts, mark conflict locations in the field, and work with City Public Works staff to pothole each location. Incorporate pothole information into design. • Prepare a drainage assessment meeting City requirements. Preparation of the assessment will include hydrologic/hydraulic modeling in accordance with the Washington State Department of Ecology(Ecology) Stormwater Management Manual for Western Washington(SWMMWW)and City design standards. • Prepare 30%engineering plans for the roadway. • Prepare a 30%opinion of probable cost. • Prepare drainage report in technical memorandum(TM)format. Rice Fergus Miller 233-1896.8AH Quincy Square 3 September 2018 Scope of Work SCOPE OF WORK(continued) Deliverables Deliverables associated with this task are provided below. • The proposed plan sheets to be delivered for this task are as follows: • Legend and Abbreviations 1 sheet • Typical Roadway Sections 1 sheet s- Roadway Plan and Profile, including stormwater improvements 3 sheets at 1 inch=20 feet scale Roadway Details 1 sheet 6 sheets total • 30%opinion of probable cost • Drainage report in technical memorandum format Assumptions The following assumptions apply to this task: • The PMX PM and roadway engineer will attend a 30%design review meeting. • Potholing to determine existing pavement thicknesses and/or locations of existing underground utilities will be performed using City crews and equipment with observation provided by PMX. • Opinion of probable costs will be based on a combination of historical information on recent similar local projects, recent WSDOT bid tabs,and a more detailed analysis for the major components. Objective Prepare 60%,95%,and Final plans,specifications,and opinion of probable costs for the roadway and utility improvements. Note that the 100%submittal step has been eliminated.This is because it is anticipated that the design will be well-developed by the 95%stage and that an additional review submittal at 100%will not be needed. Activities The following activities will be performed: • Prepare engineering plans for the roadway and utility improvements. • Prepare an opinion of probable costs at each deliverable stage. • Prepare special provisions at each deliverable stage. • Prepare contract documents for the 60%,95%,and Final deliverables packages. • Provide support during bidding. Rice Fergus Miller 233-1896-8AH Quincy Square 4 September 2018 Scope of Work SCOPE OF WORK(continued) Deliverables Deliverables associated with this task are provided below. • The proposed plan sheets to be aelivered for this task are listed as follows: > Legend and Abbreviations 1 sheet ✓ Survey Control 1 sheet > Site Preparation, Demolition, and Temporary Erosion and Sediment Control (TESC) 2 sheets plan/plan > Typical Roadway Sections 1 sheet > Roadway Plan and Profile, including stommwater improvements 3 sheets at 20 feet scale > intersection Gracing Plan 1 sheet at 10 feet scale > Curb Ramp Grading Plan 1 sheet at 4 per sheet ✓ Driveway Grading Plan 2 sheets at 2 per sleet v Roadway and Drainage Details 2 sheets ✓ Structural Details and Notes 2 sheets > illumination Plan 2 sheets plan/plan at 20 feet scale > Illumination Schedule 1 sheet > illumination Details 1 sheet > Temporary Traffic Control Plan 1 sheet at 10C feet scale > Temporary traffic Control Details 1 sheet 22 sheets total • 60%,95%, and Final opinion of probable costs • 60%,95%, and Final contract documents • One hard copy and one PDF set of all plans(11-by 17-inch),special provisions, and opinion of probable costs at each design stage • AutoCAD and PDF fres of all drawings and documents provided or CD-ROM • Two hard copies of Final Plans on full-sized sheets(sealed by Washington RE.),special provisions, and contract documents • Addenda documents during bidding Assumptions The following assumptions apply to this task: • Structural design will consist of design of footings for sculptures, street light standards,and street closure gates. Design of sign, lighting, or awning connections to buildings will be performed by others. SCOPE OF WORK(continued) • The PMX PM and lead roadway engineer will attend design review meetings in person. • Special provisions and all drawings will follow WSDOT format. • The City will provide the legal documents section of the contract documents in Microsoft Word format. • Conformed Set documents will be prepared under a future task. Task 6 —Survey Objective PMX will prepare a survey oase map suitable for design activities anticipated for the project. Exhibits will be prepared and sealed by a professional surveyor licensed to practice in the state of Washington. Activities The following activities are associated with this task: • Procure a private utility locating firm to assist in locating buried utilities. • Establish horizontal control(NAD 83/91). Set and measure horizontal control necessary for the mapping and right of way(ROW)determination. • Establish vertical control It is anticipated that project will be oriented to the vertical catum o{NGVD29. • Complete topographic mapping and survey underground utilities within that portion shown on the attached Exhibit 1. Utlity mapping will include the routing of overhead utilities.Topography will be surveyed using methods that will produce a 1-foot contour interval base map. be mapping will include, but will not be limited to, the following above-ground features: n Building frontage > Curb and gutter including existing curb cuts,curb ramps, and driveways • Sidewalks and paths > Rockeries and walls ✓ Steps/stairs Existing structures and buildings ✓ Pavement edges > Ditches > Fences > Driveways and ramps > Luminaires n Landscaping • Water meters,valves, hydrants,and irrigation control valves > Measure down to top actuator nut of water valves > Electrical transformers,vaults, poles, and hand-holes SCOPE OF WORK (continued) Telecommunication rise's,vaults, poles,junction boxes, and hand hoes ✓ Gas vaives and meters ✓ Storm drain manhole Gds with pipe sizes, shape, invert elevations, and material composition ✓ Catch basin rims with pipe sizes, invert elevations, and material composition ✓ Sanitary sewer manhole lids with pipe sizes, invert elevations, and material composition ✓ Culverts with associated oipe sizes, invert elevations, and material composition v Grade breaks, loca,ized depress'ors, ditches, ridges, and other surface grades v Street signs ✓ Street trees over 4-inch caliper with size, type, and drip line noted ✓ Channelizatlon a Subsurface utility paint marks delineated by a professional utility location service • Survey and calculate all ROWs and parcel lines lying within and adjacent to the mapping limits. • Compile mapping and boundary information into a 1 inch equals 20`eet scale base map in AutoCAD,Civil 3D Version 2018, Deliverables The following deliverables are associated with this task: • Base map at 1 itch equals 20 feet scale in AutoCAD,Version 2018 in electronic format for each survey area Assumptions The following assumptions apply to this task: • T000graohic survey and design will be provided in AutoCAD 2018 and Civil 3D. • The City will obtain rights of entry for survey on private property(If needed). • base map will be developed using Parametrix co ors, text size/style,and layering conventions. • GIS parcel line information will be sufficient for the purposes of delineating lateral ownership boundaries with exception to properties lying within and directly adjacent to the topographic mapping limits. • Surveyed utilities will target known underground utilities identified by the Washington Utility Notification Center including water, storm sewer,sanitary sewer, communications, and power.A private underground utility locate firm will also be hired by PMX to locate existing utilities. Deliverables The following deliverables are associated with this task: • Draft and final topographic base map Qtliiu�55 ii'' ? . SCOPE OF WORK(continued) Schedule Work Element Completed By Notice to Proceed October 1,2018 Survey(4 weeks) October 31,2C18 10%Design to RFM November 23,2018 30%Des gn to RFM March 18,2019 60%PS&E to REM May 20,2019 95%PS&E to REM July 22,2019 Final PS&E to RFM December 9th,2019 NOTE:The assumed turnaround time for City rev ew of deliverables is 1 week Rice Fe'gus 1\2,21er 2 8 ie 7te �r 2(}1.8 ',76pP of sVo . 0 • N 4 .. a - , : A - Z 1 , I 1 , ? I , . I 1 1 1 , I I 1 . , / 1 ' I— ; 1 ILI a , a , al 1 ' 1 . i I 1 ........., . 1 U • x a .7.... ,, I , . ...., , , o ' I ' a "6 ,... 1 I 1 'A .I.9. 1 I ! . RI m 0 1 1 71' cr 2 H !: w F-' u, i c 4, u. i } 1 i 1 ac c 0 ti '3 .i.) 0 ce 1 , I i X ' I 1 1 1 , . uJ 2 ii t . i 1 ...; ^ .• . i • . 0 ao x • fr ,'. .— . < 2 cl .. - .. t " -, . O. Cl. 1 , - ea I I v T ri m A s ' R " f ' 19 S I 9£ t 3 3 x IF S s 0 _ i m A I3 Y I Ig I8 It 8 E J , a ; . j W U 13 C d a d fN N 7 ry 7 a Q a > 0 d I.0 C X Fe _ y le CI C _t ' 4.; 4.;W d o ls �.. — ,� - �.._-__-�.g a -,,-1---1_ a U -a - _,j EXHIBIT A-2 EMILY R Landscape Architecture 245 4th S( #5(I1 Brernerlon,WA 99337 3613 910 172(1 www russetldvskins4Vr44.*r1r'1 Quincy Square on Fourth Street Landscape Architecture and Urban Design Preliminary Design elements: • Project management for landscape portion of collaborative effort • Provide complete landscape plans for Quincy Square on Fourth Street • Provide detailed scale drawings that support the overall goals for the site: an accessible, democratic space for all community members, incorporating restaurants, retail,and theatres into a lively downtown setting inspired by the performing arts • Integrate public art, inspired materials, technology, and educational interpretive information. • Collaborate on an interesting, revelatory method of stormwater catchment that is thoughtfully integrated with and benefited by the landscape • Procure show-stopping public art including assessing the outdoor functionality of artisan pieces • Specify flexible and multi-purpose site furniture that is well-integrated into the site. • Collaborate on paving types and patterns, bollard placement, artful street closing sculptural elements, and interactive components • Create a timeless space that ages well both aesthetically and through durability and sustainability • Design clear, safe, and effortless access, circulation, and cohesion throughout every portion and phase the site and plan for seamless transition to adjacent uses • Plan for opportunities for education, historical references, and sustainability Attached is a proposed scope of services and fees associated with Landscape Architecture services. I look forward to working with you and hope that you will find the enclosed information to surpass your expectations. Sincerely, 410, Emily Russell, PLA, ASLA EMILY RUSSELL Landscape Architecture 245 4th St lt501 Bremerton,WA 98337 360 990.1720 www ruSSUlltlg is n' m cow SERVICES AGREEMENT 9.6.18 S(:( OI w(RK \NC) Fs' l:Al \ [ 11D NOt k I UR 1, A(:I 11)l 1St(;A I'1 I \s1 Hours may be moved between areas within scope as needed 10%Design:Consultant drawings due for coordination 9 9 by 11.23.18 Preliminary Schematic Landscape Layout for Quincy Square on Fourth Street (20% of Total Scope of Work)Estimated Hours: 175 Hours • Adapt the existing scale base map provided by the City of Bremerton to be used for the project • Define the limit of work boundaries • Proposed site layout in response to traffic engineering requirements including parking layout if available • Suggest locations on site plan for proposed site features,planted vs. hardscape areas, vehicle vs.pedestrian only areas • Initial exploration of the"behavior of the street";pedestrians with and without vehicles present, open vs closed street activity, how stakeholders, residents,business owners, guests will capitalize on the plaza space during both'open and closed"road hours • Precedent image boards for public response and feedback • Graphic design: intuitive design of diagrams and drawings for public outreach meeting • Presentation preparation for public meeting • Documents to present to Council(study session)to demonstrate results of public meeting Meetings up to the 10%design milestone •Collaboration,communication, meet with design team and consultants to assist and provide direction in producing drawings that support design intent:traffic, parking,site layout,design features, initial aesthetics and materials, street function,street closure, design inspiration •Presentation at public meeting on 12.8.18 •Council meeting(study session)to explain results of 10%design public meeting in late 2018 Emily Russell Landscape Architecture I Quincy Square on Fourth Street I Landscape Architectural Services 1 EMILY RUSSELL Landscape Architecture 245 4111 St N501 Srernarlon,WA 96337 360.990 1720 wwWrtis lklufgn&)Ufca ce n 30%Design:Consultant drawings due for coordination by 3.18.19 Continued Schematic Landscape Planning for Quincy Square on Fourth Street (26%of Total Scope of Work)Estimated Hours:220 Hours • Site layout and design revisions in response to 10% public meeting and Council feedback • Refined schematic drawings:refined site layout • Create updated drawings and/or sketches that help easily convey design intent to general public • More specific information about overall goals concerning the look and feel of the project: material types, plant palette, street trees to be demonstrated by precedent images • Explore initial possibilities for artful partially exposed stormwater conveyance. Show those options in a diagram and precedent images • Proposed locations for specific targeted nodes(gathering, dining and performance spaces)within the larger context of the site • Offer approximate locations for amenities such as public art, site furniture, interactive and performance-oriented site features • Presentation preparation for public meeting • Final 30%presentation graphic design:drawings, sketches, elevations to clearly convey design intent to general public • Presentation materials to convey results of public meeting to City Council at their study session Meetings up to the 30%design milestone •Meetings for collaboration with design team and consultants • Public meeting Late 1"Quarter 2019 • Council meeting(study session) •Consultant drawings due for coordination by 3.18.19 Emily Russell Landscape Architecture I Quincy Square on Fourth Street I Landscape Architectural Services 2 EMILY RUSSELL Landscape Architecture 245 4th St.#50 Bremerlon,WA 98337 360 990.1720 •,,4 ': s t..('tk1.%ujn,,is rel Lo.n oiwattusliithaimaglaussini 60%Design:Consultant drawings due for coordination by 5.20.19 Design Development for Quincy Square on Fourth Street (30%of Total Scope of Work)Estimated Hours: 265 Hours • Refine site layout based on response and feedback from 30%public and Council meetings • Research,identify, define,begin to secure public art types and functions • Specify proper vehicle and pedestrian circulation • Specify street closure method(s),types, design,who will likely build them and how they will function • Research and define more specifically: site materials, site furnishings,plants,options to be demonstrated by sketches and images • Research and collaboration with design team and theatrical lighting consultant on lighting methods and types • collaboration on artful partially exposed stormwater conveyance methods • Research for proper plant and street tree palette to be demonstrated by images and suggested plant list. Define any goals to be obtained by the planting method-Bee Street,edible, native, etc. • Adapt project to align with requirements for specific funding sources • Collaboration with RFM on initial design for site amenities-to be documented by RFM • Presentation materials to city not included in scope for 60% Meetings up to the 60%design milestone • Meetings for collaboration with design team and consultants • Meetings with Public Works and other City officials Emily Russell Landscape Architecture Quincy Square on Fourth Street(Landscape Architectural Services 3 EMILY R1iISSELL Landscape Architecture 245 4th St /4501 Bremerton,WA 98337 350 990.1720 q�ly`rr�l r'.y'L i..s1�nXt1,(rr I...:IY WWayr.fSfs5etttleslunlomisa orn 95%Design:Consultant drawings due for coordination by 7.22.19 Final Bid Documents:Consultant drawings due for coordination by 12.9.19 Complete Bid Set Landscape Documents Contract Documents and Irrigation Plan for Quincy Square on Fourth Street (25%of Total Scope of Work)Estimated Hours:220 Hours Contract Documents: bid/construction package •Create all necessary sketches,specs and images to assist design team and consultants in their production of construction details that support for architectural site elements,fighting, public art, bio retention, grading,retaining, structural support of stationary and moving art/site elements • Provide complete specifications for public art, materials, finishes, and appearances • Specify materials,finishes,appearances • Provide construction drawings for planting plan and procedures; Plant layout, legend,quantities,type, location, spacing, and size at installation • Construction notes for landscape installation • Specify public art type, location,and method • Research, sourcing,specifications, communication with suppliers seeking quotes,bids, product costs, logistics,for public art • Communicate, collaborate,present to stakeholders •Bid support irrigation Plan • Provide complete Irrigation plans and cut sheets for permanent irrigation installation Meetings up to the 100% bid package milestone • Meetings for collaboration with design team and consultants • Meetings with Public Works or other City officials • Meetings with stakeholders Emily Russell Landscape Architecture I Quincy Square on Fourth Street I Landscape Architectural Services 4 EMILY RUSSELL Landscape Architecture 245 4th St M501 Bremerton,WA 9)5337 350 i!M.t 1720 www fu$selltlasignoottosoin Total Cost of Project Including Reimbursable Expenses Not to Exceed: Total Estimated Hours. 880 Hours Allowance for Reimbursable Expenses: $500.00 Total Cost of Project: $97,000 ( ii1r �'�;, I � , •The work described in the section above entitled"Scope of Work and Estimated Hours for Each Phase" (the"work")is conditioned upon the following conditions and assumptions: • The landscape architect shall have exclusive authority to specify the means,methods, techniques,sequences and procedures necessary to accomplish the work. • During the course of the accomplishment of the work,the landscape architect, in its discretion and in keeping with sound architectural practices, may deviate from the exact details or requirements of the scope of work if necessary in the sound professional judgment of the landscape architect. • An accurate site plan will be available in CAD and PDF form at the start of design development for the project site and provided by The City of Bremerton. • Site lighting will be sufficient and will be coordinated and detailed on electrical engineer's drawings. Layout for site lighting to be shown on layout and materials plan provided by lighting consultant to coordinate with site features. • Sketches, elevations, renderings are not included unless specifically described in the above scope of work. • Phasing plan is not included unless specifically described in the above scope of work. • Soil testing is not included unless specifically described in the above scope of work. • There are no unusual or latent conditions on or around the property not readily apparent from landscape architect's cursory view of the property,which would render the performance of the work costlier or impractical to complete in a timely manner. EmilyRussell Ru sell landscape Architecture I Quincy Square on Fourth Street i Landscape Architectural Services 5 EMILY ft( SSELL Landscape Architecture 245 4th St.%501 Bremerton,WA 98337 360.990 1720 rn+rly'i�yn ,i, .•n www nlmlltl2£9nsourocon DI ;L1Vl ;ll.Ahl,l�� Through the performance of the work,the landscape architect expects to provide the following: Grading: • Existing and proposed contours when available. • Prescribed soils and mulches • Coordinated with,and provided by with Civil Drainage: • Coordinated with,and to be provided by Civil Materials: • Construction notes and specifications of proposed materials including paving, seat or retaining walls,soil, site furnishings,and structures. Lighting: • See assumptions Plants: • Quantity, type,and location of plants, including plant legend. Dimensions: • Adequate notes and dimensions are provided for construction purposes Final Signed Construction Documents: • PDF Format Emily Russell Landscape Architecture i Quincy Square on Fourth Street Landscape Architectural Services 6 EMILY ftUSSELL Landscape Architecture 246 4Ih SI.10601 Bremerton.WA 98337 360.990.1720 VMILfl550dcSltlnfl<djrcO cow Approved by: For Client Date Emily Russell Landscape Architecture I Quincy Square on Fourth Street I Landscape Architectural Services 7 EXHIBIT A-3 Cultural Resource Consultants Project Scope and Fee Agreement Client Information Con,n:,ny Phone Rice Fergus Miller 360-830-6991 Prr,;ect.Manager/C omac'N ime Parisa Mills pmills(i0fmarch.com tifailing Address City,Srare,Zip 275 Fifth Street,Suite 100 Bremerton,WA 98337 Project Information Prn�cct Talc ( PG Projccr iNum?�rr Quincy Square 1808D Project Location Lire 4th St from Pacific to Washington Bremerton Section Township Zai Total Pri cc:Arca 13 24 North 01 East Kitsap .86 acre Project Description The project will construct improvements along 4th Street between Pacific Avenue and Washington Avenue.4th Street will will become a"Transformable Street'-while open most of the time for normal use to support small businesses and dozens of new.oft apartments,it would he periodically closed to traffic and become an urban gathering place for staged musicals or other appropriately scaled events year-round. Project Schedule Anticipated Completion Date: September- October 2018 C.;tf .. _ ,r, 206 855-9020 www.crcwa.com Project Assumptions This scope and budget is based upon information provided on 21 August 2018. Any changes may require a change in budget to accommodate updating project information not received prior to the start of titis privect. This scope and budget is based upon the project as shown on the attached map. "This scope and budget is based upon -be assumption that(.RC's current levels of insurance ['XS arc sufficient Hr this project(sample certificate of insurance attacheti . • Tins scope does not include additional servates for impaet mitigani hi regarding archatiiiioe,ncal or nistoric sites. • This scope assumes that nii instioric buildings AEC Within the',inflect location. This budget was prepared with the assumption 'bat shovel test probes would he excavated. it it is Octet-rimed that histone buJ.111gs arc in the or 'Sot or So Kur:acc investigations are warranted within roe project,it may he necessary to modify this agreement to accommodate additional investigations for purposes of site identification. • Tits scope assumes that no meetings with clients and'or stakenoiders will be required. 11-is scope ass aintis That all relevant project information,prior reports including,4coz,..c'rinical reports, instoric/arcnitectural reports,design plans,and project maps in addition to relevant project correspondence wide DAM' or either agencies rcumesnrig this assessment and,oir Tribal cultural resources staff will he provided with the signed At.treciment so that CRC may begin this project immediately upon receipt of si jgbled.agreement Project Deliverables CRC will provide tle fol.owing C lea components as part of ties cultural resources overview Task 1 - Background Research CRC 1 will conduct a searcH if site tilcs recorded at Washington Department of Archaeology and Historic Preservation I)211 EP); review of releyam correspondence between the project proponent,stakeholders and DAP,arid, review of pertinent environmental,archaeological,ethnographic and Historical information appropriate to the prOjeet area from a variety of available resources. Task 2-Tribal Contact CRC will contact the cultural resources staff of tribes that may have an interest in the project arca. This con-cud:all:anon is intended to inform the cultural resources assessment and does not constitute government-to- government consultation. Task 3- Cult ural Resources Assessment Report CRC will prepare a technical memo describing background research,and management recontmendatii ins.The report will provide suppicrting documentation of Findings,including maps and photogrtiphs,and will conform to DAHP reporting,standards. Report and support neateriiiiLs will be provided electronically. Project Fee Plemt Noir; l'ye itfrl,VraWe;Ind Th'iori-07:tes‘i po2e ,;a/hip, .111C Fee for services described above is anticipated to he less than S 3,834.06 CRC invoices for services rendered on a time and materials basis. This Agreement expires on 31 December 20i 8. Related records will he retained through 2021 141itt NW 465 51.Si,'10; 'OS i-i' f,t.at.! WA 981;t: 206 855-9020 — www.crcwa.com To help meet the regulatory needs of our clients,effective immediately,CRC is implementing an annual records retention fee for any contract requiring annual updates,including certificates of insurance,over a period of two or more(2+)years.The.records retention fele will be invoiced annually in December and will include a project area review by,or supervised by,CRCs principal investigator for any known and/or recently recorded archaeological and historical structures recorded on the Washington State WISAARD database. In addition to the updated certificates of insurance, CRC will provide an updated table of cultural resources(archaeological and historical)within a one-half mile radius of your project area and,if necessary,an updated inadvertent discovery protocol for your project.Annual records retention fees are$500.00/year. Payment for work completed is due upon receipt of invoice and/or report. Rice Fergus Miller Cultural Resource Consultants Parisa M:lls Margaret Berger 275 Fifth Street,Suite 100 1416 NW 46th St,Ste 105 PMi3346 Bremerton,WA 98337 Seattle,WA 98107 Name/Tide: Margaret Berger,Principal Date: Date: 1416 NW 46th Si,S;e 105 PM6346 Cultural Resource Coasuaants Seattle,WA vtn o7 206 855-9020 — www.crcwa.com Subconsultant Fee Determination - Summary Sheet Project: Quincy Square CRC #: 1808D - Rice Fergus Miller Direct Labor Cost Classifications Labor Hours x Rate = Cost Principal Investigator 3.0 $ 53.05 $ 159.15 Projects Manager 2.0 $ 35.48 $ 70.96 Project Archaeologist I 32.0 $ 41.36 $ 1,323.52 Project Archaeologist II 0.0 $ 33.42 $ Project Archaeologist III 0.0 $ 25.75 $ Field Archaeologist I 0.0 $ 22.00 $ - Field Archaeologist II 0.0 $ 20.75 $ - Field Archaeologist III 0.0 $ 18.03 $ Historic Architect 0.0 $ 50.93 $ - Project Historian 0.0 $ 35.00 $ - Office Manager 2.0 $ 38.11 $ 76.22 Office Assistant 0.0 $ 16.00 $ - 39.0 $ 1,629.85 Overhead (OH Cost - - including Salary Additives): OH Rate x DLC of: 110.00% %x$ $ 1,629.85 $ 1,792.84 Fixed Fee (FF): FF Rate x DLC of: 20.00% %x$ $ 1,629.85 $ 325.97 Reimbursables: Photo &Graphic Supplies $ 20.00 Lodging: $Per Diem: $ - Mileage: $ 65.40 $ 85.40 Grand Total: $ 3,834.06 Prepared by: Teresa Peterson, Office Manager Date: 6-Sep-18 DOT Form 140-089 EF Exhibit G-1 Cultural Resource Consultants,LLC. 2018 Hourly Billing Rate effective August 1,2018 Personnel Direct 110.00% Subtotal 20.00% Total Billing Rate Job Classification Labor Overhead DL&OH Profit per Hour Margaret Berger $ 53.05 $ 58.35 $ 111.39 $ 10.61 $ 122,00 Principal Investigator Sonja Kassa $ 35.48 $ 39.03 $ 74.52 5 7.10 $ 81.61 Projects Manager Glenn Hartmann $ 51.50 $ 56.65 $ 108.15 $ 10.30 $ 118.45 Senior Archaeologist James McNett $ 50.93 $ 56.02 $ 106.95 $ 10.19 $ 117,14 Project Historic Architect Margaret Berger $ 41.36 $ 45.50 $ 86.87 $ 8.27 $ 95.14 Project Archaeologist I Sonja Kassa $ 33.42 $ 36.76 $ 70.18 $ 6.68 $ 76.87 Project Archaeologist II Emily Peterson $ 25.75 $ 28.33 $ 54.08 $ 5.15 $ 59.23 Project Archaeologist Ill Nicole Clennon $ 25.00 $ 27.50 S 52.50 $ 5.00 $ 57.50 Project Archaeologist Ill Patrick Garrison $ 23.50 $ 25.85 $ 49.35 $ 4.70 $ 54.05 Project Archaeologist Ill Jessica Gardner $ 22.00 $ 24.20 $ 46.20 $ 4.40 $ 50.60 Field Archaeologist I OPEN $ 20.75 $ 22.83 $ 43.58 $ 4.15 $ 47.73 Field Archaeologist II Zach Allen $ 18 03 $ 19.83 $ 37.86 $ 3.61 $ 41.47 Field Archaeologist Ill Pamela Pearce $ 18.00 $ 19.80 $ 37.80 $ 3.60 $ 41.40 Field Archaeologist Ill Teresa Peterson $ 38.11 $ 41.92 $ 80.03 $ 7.61 $ 87.64 Office Manager EXHIBIT A-4 8538 173rd Ave NE Redmond WA 98052 Phone 206 571 0128 t b d consultants info@tbdconsultonts.com September 7, 2018 Parka Mills Rice Fergus Miller, Inc. 275 Fifth Street, Suite 100 Bremerton, WA 98337 Quincy Square/4'h Street Improvements,Bremerton, WA Dear Parisa, As requested we are pleased to offer Cost Estimating services for the above project. Scope of Services We will prepare construction cost estimates at the various design stages, as listed below, and based on documentation provided by the design team. We understand that the project consists of non-standard street improvements to 4'h street in Bremerton, between Washington and Pacific Avenues. Standard civil and hardscape estimate will be by others. We have assumed one in person meeting in Bremerton at each estimate stage. The estimate will be in a standard CSI or Uniformat with breakouts and alternates as required. Fees Services outlined above will be billed at the following not to exceed amounts: 30%Design 40 hours @$160/hr. NTE Fee of$6,400. 60%Design 60 hours @$160/hr. NTF, Fee of$9,600. TOTAL Not to exceed fee $16,000 Services beyond those quoted above will be billed at a rate of$160/hour. Project Management Coistruclinn Cu-,] Management tbd consultants Expenses such as drawing reproduction, courier services, special mailing services (Federal Express, Express Mail etc.), and other abnormal costs are excluded and will be charged at cost. Payment and Terms We will issue a monthly invoice.Payment will be due thirty(30)calendar days after the date of invoice. We trust that we have interpreted your requirements correctly, if you have any questions or suggested amendments please do not hesitate to contact the undersigned. If you would like to proceed with the above services please complete and return the authorization below. We look forward to working with you on this project. On behalf of TBD Consultants On behalf of Rice Fergus Miller,Inc. Accepted by: Martin Connor Date: Title: Project Management Construction Cost Management EXHIBIT A-5 N•; pladesignsine Fee Proposal theater planners•lighting consullanls To: Parisa Mills, Associate/Rice Fergus Miller Project: Quincy Square on 4th Street Project— Bremerton, WA Subject: Fee Proposal for Architectural Lighting Consulting Services Date: 08-24-2018 Final: 09-06-2018 From: Robert R.Smulling• ASIC Dear Parisa: Thank you for inviting P,_A Designs to propose architectural lighting consultation for your Quincy Square on 4'h Avenue project. We are very excited about this opportunity to work with you and have assembled our team to provide design services for your Project's success. This lever defines our understanding of your Project's content, delivery method and schedule,and proposes our Architectural Lighting Consulting services. Our proposal is based upon information received via our conference call on 21 August 2018, your emails dated 20 August 2018 and 21 August 2018, the RFQ for Quincy Square on 4'h Street and 4SAG Booklet. The attachments identified at the close of this letter provide complete detail for each of our proposed design disciplines'scope, process, deliverables, fees and expenses. and the terms and conditions upon which this Proposal is based and offered for your consideration PROJECT DESCRIPTION We understand this Project to consist of an urban revitalization capital project located on 4'h Street in Bremerton, Washington, between Washington and Pacific Avenue. The vision is to turn a neglected city block into an active, housing based, day to-night urban center with arts, entertainment and evening-cen'ric retail spaces. Our fee proposal includes up to six feature lighting scenes within the project boundary. Our scope of services will include the following: Architectural Lighting Design. PROJECT UNDERSTANDING We are informed that this Project is to provide design services for 10%design thru 100%design (bid- ready documentation). EXCLUSIONS We will exclude emergency lighting from our scope of work (See Attachment "B") but we will coordirate that work with the electrical engineer. DESIGN SCHEDULE We will commit our team of professionals to accomplish services for this Project according to our understanding of your Project design schedule. Our proposal is thus based upon the following design phase increments'duration, each to commence upon your written Notice to Proceed: PHASES PHASE WORK DURATION(Estimated) 10%Design November 23, 2018 30%Design March 18, 2019 60% Design May 20, 2019 95%Design July 22,2019 Final Bid Documents December 9, 2019 4914 551h avenue south —seattle,washington 98118 page 1 of 8 ph: 206.257.2251 fax: 503.649.6882 robert@pladesigns.com jer';.a& 3 ;8 24 2-' rrci, 0706Jr?'8 r r 'n; uiecl Bremer ri gym;Sone I PROPOSED DESIGN TEAM We are pleased to offer you our following design disciplines' professiona'services and key team members for your Project's successful completion: This team will be led by: Senior Theater& Lighting Consultant /Project Lead/Robert R.Smulling, ASIC Principal Theater& Lighting Consultant/K, Paul Luntsford, ASIC BASIC SERVICES COMPENSATION Basic Services Fees shall be Fixed Lump Sum (FX) by phase, BASIC SERVICES ESTIMATED REIMBURSABLE EXPENSES Our estimated expenses listed above are defined in ATTACHMENT B and are billed at cost plus 10% handling fee. Our expenses represent those directly encumbered Project costs associated with the scope of each discipline's services as defined in the attachments identified at the close of this letter. DESIGN AGREEMENT We offer our services for this Project according to the terms and conditions defined in ATTACHMENT B. We are prepared to provide all of our designated services for this Project under one Agreement generated by you or to offer you our Professional Services Design Agreement if you so desire. Please note that our Proposal is open for your consideration and acceptance for a period o`sixty (60) calendar days from the date of this letter, after which all content is subject to adjustment. If you have any questions, require any additional information, desire revisions or clarifications, or have additional instructions for this Proposal to better satisfy your needs,please contact me. Thank you again for considering PLA Designs for this exciting project. Sincerrelly..- n aifo ftsdh, Robert R.Smulling, ASIC Attachment A. Theatre Consulting Proposal Attachment B: Terms and Conditions 4914 55th avenue south-Seattle,washington 98118 page 2 of 8 ph:206.257.2251 fax: 503.649.6882 robert@pladesigns.com 24 1 ARCHITECTURAL LIGHTING DESIGN CONSULTING PROPOSAL BY PLA DESIGNS,INC. this Attachment defines PLA Designs Proposed Basic Services Architectural Lighting Design Consulting scope,process,deliverables;fees and expenses;and current standard hourly billing rates. This Proposal has been prepared by Robert R. Smulling, ASIC Senior Theatre and Lighting Consultant and is offered according to the content and declarations of this Proposal Cover Letter and the Terms and Conditions contained herein in Attachment B. BASIC SERVICES SCOPE,PROCESS&DELIVERABLES This Scope will be addressed by each Design Work Phase as follows; 10%DESIGN • Review and confirm any programming documentation and Owner's program,budget and schedule. • 10% Design-One Site Visit to document existing conditions. • 10%Design- Prepare design narrative or basis of design report. (If required). • 10% Design-One lighting/team meeting to be held in Bremerton, WA. • 10% Design-One lighting/team meeting via WebEx. 30%DESIGN • 30%Design-Preliminary rough layout of architectural lighting on backgrounds provided by the Architect for six feature lighting scenes within the project boundary. • 30% Design -Preliminary rough fixture selection,luminaire schedule and luminaire catalog cuts for the specialty streetscape spaces. • 30%Design-Outline Specifications for Lighting and Lighting Controls. • 30%Design-One Preliminary Lighting Mock-up to be held in Bremerton, WA. • 30% Design -Cost Opin'on for architectural lighting. • 30% Design-Coordination between team members. • 30% Design-One team/lighting meeting to be held in Bremerton, WA. • 30%Design-One team/lighting meeting via WebEx. 60%DESIGN • 60%Design- Layout of architectural lighting on backgrounds provided by the Architect for six feature lighting scenes within the project boundary. • 60% Design - Fixture selection,luminaire schedule and luminaire catalog cuts for the specialty streetscape spaces. • 60%Design-L'ghting Specifications. • 60% Design-Lighting Control Specifications. • 60% Design-Preliminary Fixture Mounting Details, • 60% Design - Preliminary Architectural Light'ng Control System Layout and Details. • 60% Design-One Lightirg mock-up to be held in Bremerton, WA. • 60% Design - Cost Opinion for architectural lighting. • 60% Design-Coordination with architect, electrical and other team members, • 60% Design-One team/lighting meeting to be held in Bremerton, WA. • 60% Design-One team/lighting meeting via WebEx. 4914 55'h avenue south-seattle,washington 98118 page 3 of 8 ph: 206.257.2251 fax: 503.649.6882 robert@pladesigns.com ,. :v 76 1J 95%DESIGN • 95%Design - Final layouts of architectural lighting on backgrounds provided by the Architect for six feature lighting scenes within the project boundary. • 95% Design -Final fixture selection, luminaire schedule and luminaire catalog cuts for the specialty streetscape spaces. • 95%Design -Lighting Specifications. • 95%Design-Lighting Control Specifications. • 95%Design-Fixture Mounting Details. • 95%Design-Control intent diagrams for the Electrical Engineer use in circuiting. • 95%Design-Architectural Lighting Control System Final Layout and Details. • 95%Design - Final Cost Opinion for architectural lighting. • 95%Design-Final coordination with architect, electrical and ocherteam eam members. • 95%Design-One team/lighting meeting via WebEx. FINAL BID DOCUMENTS • 100%Design -Final layouts of architectural lighting on backgrounds provided by the Architect for six feature lighting scenes within the project boundary. • 100% Design -Final fixture selection, luminaire schedule and luminaire catalog cuts for the specialty streetscape spaces. • 100%Design-Light'ng Specifications. • 100%Design-Lighting Control Specifications. • 100% Design-Control intent diagrams for the Electrical Engineer use in circuiting. • 100%Design-Architectural Lighting Control System Final Layout and Details. • Prepare and submit final WA State Energy Code Form for areas listed above. (If required.; • Provide bidding and negotiation support during bidding period. Service to include responding to bidder's questions,analysis of alternates or substitutions,review prior approvals and prepare required addenda. EXCLUSIONS Any Architectural Lighting Design Consulting scope, process and deliverables not shown in above Basic Services shall be Additional Services and may be provided as defined in Attachment B: Proposal Terms and Conditions. Examples of services which are excluded, but may be added as Addit'onal Services are: • Additional meetings other than those listed per phase. • Additional owner/end user meetings other than those listed per phase. • Design of custom light fixtures and review of prototypes. • Construction Administration. • Project Close-Out • Site visits during construction. • Site visits to other facilities or factories to review architectural lighting fixtures. • Site visits to other facilities or streetscapes to review architectural lighting designs or components. • Analysis of substitute/alternative architectural lighting fixture submittals after the award of construction contract. • Life cycle cost analysis. • °reparation for design presentations to Owner. • Design presentation to Owner. 4914 551h avenue south-seattle,washington 98118 page 4 of 8 ph:206.257.2251 fax:503.649.6882 robert@pladesigns.com Lee=roposa! a- Ott 24-20,8 ;, 'S 2C Quincy Squa-e on dt❑Street Project—Bremerton WA from:Robert R.Sr-nulling.AS-C BASIC SERVICES COMPENSATION Basic Services Architectural Lighting Design Consulting Fees shall be Fixed Lump Sum (FX) as shown: DESIGN PHASE COMPENSATION 10%Design $4,325 30%Design $9,250 60%Design $11,375 95%Design $12,450 Final Bid Documentation $2,500 TOTAL "BASIC SERVICES" FEES $39,900 Basic Services Architectural Lighting Design Consulting Reimbursable Expenses are in addition to fee compensation above and include expenses incurred directly related to the Project, as defined in Attachment B: Proposal Terms and Conditions. Reimbursable Expenses will be continuously monitored and may be adjusted if required to conform to Project requirements. Total Estimated Reimbursable expenses: $960. ADDITIONAL SERVICES Additional Services may include, but are not limited to: • Item (A] -As-Built Review & Documentation. Add $2,500 • Item (B) -Value Engineering. Add$2,000 • Item (C) -Constructability Review Assistance. Add $1,200 • Item (D)-Record Drawings. Add $1,500 • Item (E) -Conformed Set. Add$1,800 • Item (F)-Owner Presentations and prep. Add $1,500 each presentation. • Item (G) -Site Visits during construction. Add$750 per visit. END ATTACHMENT A: ARCHITECTURAL LIGHTING DESIGN CONSULTING PROPOSAL 4914 55rh avenue south-seattle,washington 98118 page 5 of 8 ph:206.257.2251 fax:503.649.6882 robert@pladesigns.com RICH r UtsMILLER 275 Fifth Street,Suite 100 Bremerton,WA 98337 (360)377-8773 rfmarch.com Schedule- Exhibit B September 10,2018 I. Schedule As discussed during the scoping meeting on August 14th.we expect to start the project following the City Council's approval on September 19th.The City has indicated that the design schedule is constrained by the TIB grant application process and that the design drawings need to be bid-ready no later than mid-August 2019. Notice to Proceed September 20,2018 10%Design December 4,2018 30%Design April 3,2019 60%Design May 29,2019 95%Design August 7,2019 Final Submittal December 31,2019 Contract End Date July 31,2020 RICke ;cUAILLER 275 Fifth Street,Suite 100 Bremerton,WA 98337 (360)377-8773 rfmarch.com Compensation - Exhibit C September 10, 2018 I. Compensation For the Basic Services outlined above,compensation shall not exceed Four Hundred Ninety Thousand Dollars($490,000), plus reimbursable expenses, plus any applicable tax. Basic Design& Engineering Services: Architectural, Project Management,and Administration Services $158,460 Directed Services $25,000 Civil,Transportation,Structural,basic street lighting, Electrical,Cost Estimating,and Survey $148,846 Landscape Architecture and site features design $97,000 Architectural and"theater"lighting design $40,860 Architectural/above-ground Cost Estimating $16,000 Cultural Resources Survey $3,834 Total: $490,000 We have estimated 104 hours for 10%design,240 hours for 30%and 778 hours for 60%to bid documentation. Reimbursable expenses(mileage, printing of presentation and public input materials)will be billed at 1.12 times the expense incurred by the Architect and its Consultants.We estimate that reimbursable expenses will not exceed the allowance below.We will not exceed this amount without your approval. Reimbursable Allowance $5,000 Additional Services,when requested,will be billed on an hourly basis at our standard hourly rates,as listed in the attached Hourly Billing Rate Sheet,or as agreed to prior to commencement of the Additional Services. Compensation - Exhibit C September 10,2018 Page 2 II. 2018 Hourly Billing Rates The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Firm-Wide Quincy Square Team Principal in Charge: $200.00- $ 235.00 Steve Rice: $235.00 Project Manager: $ 95.00-$170.00 Parisa Mills: $ 95.00 Project Architect: $ 135.00 - $ 190.00 Kurt Nelson: $ 145.00 Technical Designer: $ 80.00- $ 155.00 Richard Pickering:$ 100.00 Interior Designer: $ 80.00-$200.00 $ Marketing Staff: $ 100.00 Ivi Gabales: $ 100.00 Project Coordinator: $ 65.00-90.00 Abigail Overton: $ 65.00 Administrative Staff: $ 60.00 - $ 100.00 $ Graphics Visualization Staff: $ 90.00- $ 100.00 Austin Flink: $ 100.00 DATE(MMIDDIYYYY) Act o® CERTIFICATE OF LIABILITY INSURANCE E(MM/D 18 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). PRODUCER CONTACT NAME: Allison Andrus Hall&Company PHONE FAX 19660 10th Ave NE (A/C,No,Ext) 360-626-2007 - - (A/C,No):360-598-3703 _ Poulsbo WA 98370 ADDRESS: aandrus@hallandcompany.com INSURER(S1AFFORDING COVERAGE NAIC# INSURER AXIS Insurance Company 37273 INSURED - 2249 ----rt - --- INSURER B !� t 7-1. ___ ( Rice Fergus Miller Inc 275 5th Street, Suite 100 INSURER c: Bremerton WA 98337 INSURER D: ..-- •)le - / ; '4 I . INSURER E: X- \- , \I INSURER F: - COVERAGES CERTIFICATE NUMBER:288249340 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L --_ _-- - ADDL' -_- INSD WVD POLICY EFF I POLICY EXP R - _--- - - TYPE OF INSURANCE SUBR' POLICY NUMBER �(MM/DDIYYYY) (MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED L PREMISES(Ea occurrence) $ - MED EXP(Any one person) $ PERSONAL&ADV INJURY I $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ' $ POLICY[ PRO JECT LOC i PRODUCTS-COMP/OP AGG I $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT • $ (Ea accident) I`�ANY AUTO I BODILY INJURY(Per person) $ ALL OWNED', SCHEDULED � BODILY INJURY(Per accident) $ •AUTOS_ .AUTOS NON-OWNED PROPERTYIDAMAGE $ HIRED AUTOS I AUTOS L(per accident)- UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS MADEAGGREGATE $-_- 1 DED I RETENTION$ $ WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY Y/N _STATUTE I__ ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. ACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A _- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 'If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab Claims Made DP003224012018 2/23/2018 2/23/2019 $5,000,000 Per Claim $5,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) project#315012 Quincy Square on 4th St CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. Public Works&Utilities 100 Oyster Bay Ave N AUTHORIZED REPRESENTATIVE Bremerton WA 98312 a/4 z 79� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD STATE OF WASHINGTON Department of Labor& Industries Certificate of Workers' Compensation Coverage September 12, 2018 WA UBI No. 603 125 577 L&l Account ID 586,706-03 Legal Business Name RICE FERGUS MILLER INC Doing Business As RICE FERGUS MILLER Workers' Comp Premium Status: Account is current. Estimated Workers Reported Quarter 2 of Year 2018 "31 to 50 (See Description Below) Workers" Account Representative Employer Services Help Line, (360) 902-4817 Licensed Contractor? No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.1 2.050 and 51.16.1 90). t .. u t • •r /fl •t n• t •t•. r .•r (IT TnI inninr -I, r ir. 0 fl/1 nin n I �....,N RICEINC-01 GHUNTER '`,CI::1RLP CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) `—/ 09/18/2018 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 CONTACT Gina Hunter NAME: Fournier Insurance Solutions PHONEFAX 5712 Orchard St.W. mac No Ext):(253)473-3010 2317 (NC,No):(253)473-5363 University Place,WA 98467 ADDIRESS:ginah@fourniersolutions.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Fire and Casualty Company_ 24066 INSURED ' INSURER B:Ohio Security Insurance Company _ 24082 Rice-Fergus-Miller,Inc. INSURER C:The Ohio Casualty Insurance Company _ 24074 275 5th Street,Suite 100 INSURER D: r • t Bremerton,WA 98337 • 1 _ INSURER E:._ _ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR '.ADDLISUBR POLICY EFF POLICY EXP , LTR TYPE OF INSURANCE 'INSD WVD 1 POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY), LIMITS , A X COMMERCIAL GENERAL LIABILITY 1 2,000,000 CLAIMS-MADE X OCCURBZA55354881 03/01/2018 EACH OCCURRENCE I$ 03/01/2019' DAMAGE TO RENTED 2,000,000 X x PREMISES(Ea occurrence) ,$ • MED EXP(Any one person) $ 15'000 \ (,_PERSONAL&ADV INJURY i $ Included 4,00 000 - ' •GEN'L AGGREGATE LIMIT APPLIES PER I '. ,GENERAL AGGREGATE_ _.�$ _ -_ �� 4,000,0006 OTHER X POLICY PRO- JECT _ LOC PRODUCTS-COMP/OP AGG $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 • _ _(Ea acddent) $ �/ OWNED - - ' SCHEDULED BODILY INJURY Per person $___ AURTOOSONLY _,AUTOS U OS ED BA$55354681 03/01/2018'03/01/2019 BODILYTY INJURY RY(eraccident)1$ X pp�yyyNN GE ' AUTOS ONLY ,AUTOS ONLY __(Per accident) _$ I $ EXCESS LIABAB X OOLCAIMS-MADE 4,000,0• 00 _EACHOCCURRENCE __ $ _ U5055354881 03/01/2018 03/01/2019 4,000 000 --_ �__ AGGREGATE $ DED l X I RETENTION$ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN _ i I STATUTE I E ER H OFFICER/MEMBEROPRIO /PARTNER E ECUTIVE I NIA, E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under i •DESCRIPTION OF OPERATIONS belowE.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Project#315012—Quincy Square on 4th Operations of the named insured Form BP7996 attached for additional,insured wording. Waiver of Subrogation form BP0497 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. Public Works and Utilities 100 Oyster Bay Ave N Bremerton,WA 98312 AUTHORIZED REPRESENTATIVE I J /4 u- - ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS BP 79 96 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Below is a summarization of the coverages provided by this endorsement. No coverages are given by this summary. Actual coverage descriptions are within this endorsement. SECTION SUBJECT A. Supplementary Payments Bail Bonds Loss Of Earnings B. Broadened Coverage For Damage To Premises Rented To You C. Incidental Medical Malpractice Injury D. Mobile Equipment " E. Blanket Additional Insured (Owners, Contractors Or Lessors) F. Newly Formed Or Acquired Organizations G. Aggregate Limits H. Duties In The Event Of Occurrence, Offense, Claim Or Suit I. Liability And Medical Expenses Definitions Bodily Injury Insured Contract Personal And Advertising Injury Section II -Liability is amended as follows: A. Supplementary Payments Section A.1. Business Liability is modified as follows: 1. The $250 limit shown in Paragraph A.1.f.(1)(b) Coverage Extension -Supplementary Payments for the cost of bail bonds is replaced by a$3,000 limit. 2. The $250 limit shown in Paragraph A.1.f.(1)(d) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a$500 limit. B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section B.1. Exclusions -Applicable To Business Liability Coverage is replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c., d., e., g., h., k., I., m., n. and o. do not apply to "property damage". © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 4 2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declarations. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply. C. Incidental Medical Malpractice Injury 1. Paragraph (4) under Paragraph B.1.j. Exclusions -Applicable To Business Liability Coverage - Profes- sional Services does not apply to "Incidental Medical Malpractice Injury" coverage. 2. With respect to this endorsement, the following is added to Section F. Liability And Medical Expenses Definitions: a. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services: (1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. b. This coverage does not apply to: (1) Expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly. (2) Any insured engaged in the business or occupation of providing any of the services described under a. above. (3) Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. above. D. Mobile Equipment Section C. Who Is An Insured is amended to include any person driving "mobile equipment" with your permission. E. Blanket Additional Insured (Owners, Contractors Or Lessors) i 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury". 2. The insurance afforded to the additional insured is limited as follows: a. The person or organization is only an additional insured with respect to liability arising out of: (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; and (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The Limit of Insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions, whichever are less. These limits are inclusive of and not in addition to the Limit of Insurance available under this policy. c. The insurance afforded to the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", "property damage", "personal and advertising injury", or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, en- gineer's or surveyor's rendering of or failure to render any professional services including: © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 4 (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess aver any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. F. Newly Formed Or Acquired Organizations The following is added to Section C.Who Is An Insured: Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: 1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; 2. Section A.1. Business Liability does not apply to: a. "Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you; and b. "Personal and advertising injury" arising out of an offense committed before the entity was ac- quired or incorporated or organized by you. 3. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. G. Aggregate Limits The following is added to Paragraph D.4. Aggregate Limits Liability and Medical Expenses Limits Of Insurance: 1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. 2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, "location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad. H. Duties In The Event Of Occurrence, Offense, Claim Or Suit 1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition applies only when the "occurrence" is known to any insured listed in Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 4 I. Section F. Liability And Medical Expenses Definitions is modified as follows: 1. Paragraph F.3. is replaced by the following: 3. "Bodily Injury" means bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time. 2. Paragraph F.9. is replaced by the following: 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 3. Paragraph F.14.b. Personal And Advertising Injury is replaced by the following: b. Malicious prosecution or abuse of process; ® 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 4 POLICY NUMBER: BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY • AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE* Name Of Person Or Organization: Blanket Waiver Any/All per Contract or Agreement Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III - Common Policy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organi- zation shown in the Schedule above. *Information required to complete this Schedule, if not shown above, will be shown in the Declarations. BP 04 97 01 06 ©ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: BUSINESSOWNERS BP 06 74 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON - STOP GAP - EMPLOYER'S LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Bodily Injury By Accident Bodily Inju By Disease Each Accident Each Employee Aggregate $ 2000000 $ 2000000 $ 2000000 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Liability is amended as follows: b. This insurance applies to "bodily in- A. Coverage -Stop Gap -Employer's Liability jury by accident" or "bodily injury by 1. Insuring Agreement disease" only if: a. We will pay those sums that the in- (1) The: sured becomes legally obligated by (a) "Bodily injury by accident" Washington law to pay as damages or "bodily injury by disease" because of "bodily injury by acci- takes place in the "coverage dent" or "bodily injury by disease" territory"; to your "employee" to which this in- (b) "Bodily injury by accident" surance applies. We will have the or "bodily injury by disease" right and duty to defend the insured arises out of and in the against any "suit" seeking those course of the injured "em- damages. However, we will have no ployee's" employment by duty to defend the insured against you; and any "suit" seeking damages to which I We (c) "Employee", at the time of this insurance does not apply.y the injury, was covered un- may, at our discretion, investigate der a workers' compensa- any accident and settle any claim or tion policy and subject to a "suit" that may result. But: "workers' compensation (1) The amount we will pay for dam- law" of Washington; and ages is limited as described in (2) The: Paragraph D. Liability And Medi- (a) "Bodily injury by accident" cal Expenses Limits Of Insur- ance; and is caused by an accident that occurs during the policy pe- (2) Our right and duty to defend end riod; or when we have used up the ap- (b) "Bodily injury by disease" is plicable Limit of Insurance in the payment of judgments or settle- caused by or aggravated by ments under this coverage. conditions of employment by you, and the injured "em- No other obligation or liability to pay ployee's" last day of last ex- sums or perform acts or services is posure to the conditions covered unless explicitly provided causing or aggravating such for under Supplementary Payments. "bodily injury by disease" occurs during the policy pe- riod. BP 06 74 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 5 c. The damages we will pay, where re- c. Statutory Obligations covery is permitted by law, include Any obligation of the insured under a damages: workers' compensation, disability (1) For: benefits or unemployment compen- (a) Which you are liable to a sation law or any similar law. third party by reason of a d. Contractual Liability claim or "suit" against you Liability assumed by you under any by that third party to recover contract or agreement. the damages claimed against such third party as a e. Violation Of Law result of injury to your "em- "Bodily injury by accident" or "bod- ployee"; ily injury by disease" suffered or (b) Care and loss of services; caused by any employee while em- and ployed in violation of law with your actual knowledge or the actual (c) Consequential "bodily injury knowledge of any of your "executive by accident" or "bodily in- officers". jury by disease" to a spouse, child, parent, brother or sis- f. Termination, Coercion Or Discrimi- ter of the injured "employ- nation ee"; Damages arising out of coercion, provided that these damages are criticism, demotion, evaluation, the direct consequence of "bod- reassignment, discipline, defama- ily injury by accident" or "bodily tion, harassment, humiliation, dis- injury by disease" that arises out crimination against or termination of of and in the course of the in- any "employee", or arising out of jured "employee's" employment other employment or personnel de- by you; and cisions concerning the insured. (2) Because of "bodily injury by ac- g. Failure To Comply With Workers' cident" or "bodily injury by dis- ease" to your "employee" that "Bodily injury by accident" or "bod- arises out of and in the course of ily injury by disease" to an "employ- employment, claimed against ee" when you are: you in a capacity other than as (1) Deprived of common law employer. defenses; or 2. Exclusions Applicable To Stop Gap -Em- (2) Otherwise subject to penalty; ployer's Liability Coverage because of your failure to secure This insurance does not apply to: your obligations or other failure to a. Intentional Injury comply with any "workers' compen- sation"Bodily injury by accident" or "bod law". ily injury by disease" intentionally h. Violation Of Age Laws Or Employ- caused or aggravated by you, or ment Of Minors "bodily injury by accident" or "bod- "Bodily injury by accident" or "bod- ily injury by disease" resulting from ily injury by disease" suffered or an act which is determined to have caused by any person: been committed by you if it is rea- (1) Knowingly to sonable to believe that an injury ry is g y em p Yed b Y you in � violation of any law as to age; or substantially certain to occur. (2) Under the age of 14 years, re- b. Fines Or Penalties gardless of any such law. Any assessment, penalty or fine levied by any regulatory inspection agency or authority. BP 06 74 07 13 © Insurance Services Office, Inc., 2012 Page 2 of 5 i. Federal Laws 2. A partnership or joint venture, you Any premium, assessment, penalty, are an insured. Your members, your fine, benefit, liability or other obliga- partners and their spouses are also tion imposed by or granted pursuant insureds, but only with respect to the to: conduct of your business. (1) The Federal Employer's Liability 3. A limited liability company, you are Act (45 USC Sections 51-60); an insured. Your members are also (2) The Nonappropriated Fund In- insureds, but only with respect to the strumentalities Act (5 USC Sec- conduct of your business. Your man- tions 8171-8173); agers are insureds, but only with re- spect to their duties as your manag- (3) The Longshore and Harbor ers. Workers' Compensation Act (33 USC Sections 910-950); 4. An organization other than a The Outer Continental Shelf partnership, joint venture or limited (4) liability company, you are an in- " Lands Act (43 USC Sections sured. Your "executive officers" and 1331-1356); directors are insureds, but only with (5) The Defense Base Act (42 USC respect to their duties as your offi- Sections 1651-1654); cers or directors. Your stockholders (6) The Federal Coal Mine Health are also insureds, but only with re- and Safety Act of 1969 (30 USC spect to their liability as Sections 901-942); stockholders. (7) The Migrant and Seasonal Agri- 5. A trust, you are an insured. Your cultural Worker Protection Act trustees are also insureds, but only (29 USC Sections 1801-1872); with respect to their duties as trust- (8) Any other workers' compensa- ees. tion, unemployment compensa- No person or organization is an insured tion or disability laws or any with respect to the conduct of any current similar law; or or past partnership, joint venture or limit- (9) Any subsequent amendments to ed liability company that is not shown as the laws listed above. a Named Insured in the Declarations. j. Punitive Damages D. For the purposes of this endorsement, Para- graph D. Liability And Medical Expenses Lim- Multiple, exemplary or punitive dam- its Of Insurance is replaced by the following: ages. D. Liability And Medical Expenses Limits Of k. Crew Members Insurance "Bodily injury by accident" or "bod- 1. The Limits Of Insurance shown in the ily injury by disease" to a master or Schedule of this endorsement and member of the crew of any vessel or the rules below fix the most we will any member of the flying crew of an pay regardless of the number of: aircraft. a. Insureds; B. The Coverage Extension - Supplementary b. Claims made or "suits" brought; Payments provisions apply to Stop Gap - Em- or ployer's Liability Coverage as well as to Busi- ness Liability Coverage. c. Persons or organizations making C. For the purposes of this endorsement, Para- claims or bringing "suits". graph C.Who Is An Insured is replaced by the 2. The "Bodily Injury By Accident" - following: Each Accident Limit shown in the C. Who Is An Insured Schedule of this endorsement is the most we will pay for all damages If you are designated in the Declarations covered by this insurance because of as: "bodily injury by accident" to one or 1. An individual, you and your spouse more "employees" in any one acci- are insureds, but only with respect to dent. the conduct of a business of which you are the sole owner. BP 06 74 07 13 © Insurance Services Office, Inc., 2012 Page 3 of 5 3. The "Bodily Injury By Disease" - Ag- (2) Notify us as soon as practicable. gregate Limit shown in the Schedule You must see to it that we receive of this endorsement is the most we written notice of the claim or "suit" will pay for all damages covered by as soon as practicable. this insurance and arising out of "bodily injury by disease", regard- c. You and any other involved insured less of the number of "employees" must who sustain "bodily injury by dis- (1) Immediately send us copies of ease". any demands, notices, sum- 4. Subject to Paragraph D.3. of this endorse- monses or legal papers received ment, the "Bodily Injury By Disease" - in connection with the injury, Each "Employee" Limit shown in the claim, proceeding or "suit"; Schedule of this endorsement is the most (2) Authorize us to obtain records we will pay for all damages because of and other information; "bodily injury by disease" to any one (3) Cooperate with us and assist us, "employee". as we may request, in the inves- The limits of the coverage apply separately to tigation or settlement of the each consecutive annual period and to any claim or defense against the remaining period of less than 12 months, "suit"; starting with the beginning of the policy pe- (4) Assist us, upon our request, in riod shown in the Declarations, unless the the enforcement of any right policy period is extended after issuance for an against any person or organiza- additional period of less than 12 months. In tion which may be liable to the that case, the additional period will be insured because of injury to deemed part of the last preceding period for which this insurance may also purposes of determining the Limits of Insu- apply; and ance. (5) Do nothing after an injury occurs E. For the purposes of this endorsement, Con- that would interfere with our dition 2. Duties In The Event Of Occurrence, right to recover from others. Offense, Claim Or Suit of the Liability And d. No insured will, except at that in- Medical Expenses General Conditions is re- sured's own cost, voluntarily make a placed by the following: payment, assume any obligation, or 2. Duties In The Event Of Injury, Claim Or incur any expense, other than for Suit first aid, without our consent. a. You must see to it that we or our F. For the purposes of this endorsement, Para- agent is notified as soon as practica- graph 4. of the Liability And Medical Ex- ble of a "bodily injury by accident" penses Definitions section is replaced by the or "bodily injury by disease" which following: may result in a claim. To the extent 4. "Coverage territory" means: possible, notice should include: a. The United States of America (in- (1) How, when and where the "bod- cluding its territories and posses- ily injury by accident" or "bodily sions), Puerto Rico and Canada; injury by disease" took place; b. International waters or airspace, but (2) The names and addresses of any only if the injury or damage occurs in injured persons and witnesses; the course of travel or transportation and between any places included in a. (3) The nature and location of any above; or injury. c. All other parts of the world if the in- b. If a claim is made or "suit" is jury or damage arises out of the ac- brought against any insured, you tivities of a person whose home is in must: the territory described in a. above, (1) Immediately record the specifics but who is away for a short time on of the claim or "suit" and the your business; date received; and BP 06 74 07 13 © Insurance Services Office, Inc., 2012 Page 4 of 5 provided the insured's responsibility to 2. "Bodily injury by accident" means bodily pay damages is determined in the United injury, sickness or disease sustained by a States (including its territories and pos- person, including death, resulting from sessions), Puerto Rico, or Canada, in a an accident. A disease is not "bodily in- suit on the merits according to the sub- jury by accident" unless it results directly stantive law in such territory, or in a set- from "bodily injury by accident". tlement we agree to. 3. "Bodily injury by disease" means a dis- G. The following are added to the Liability And ease sustained by a person, including Medical Expenses Definitions section: death. "Bodily injury by disease" does 1. "Workers' compensation law" means the not include a disease that results directly Workers' Compensation Law and any Oc- from an accident. cupational Disease Law of Washington. H. For the purposes of this endorsement, the This does not include provisions of any definition of "bodily injury" does not apply. law providing nonoccupational disability benefits. BP 06 74 07 13 © Insurance Services Office, Inc., 2012 Page 5 of 5 CA 00 01 03 06 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I - COVERED AUTOS Read the entire policy carefully to determine rights, duties and what is and is not covered. ITEM TWO of the Declarations shows the "autos" Throughout this policy the words "you" and that are covered "autos" for each of your cov- erages. The following numerical symbols de- "your" refer to the Named Insured shown in the scribe the "autos" that may be covered "autos". Declarations. The words "we", "us" and "our" The symbols entered next to a coverage on the refer to the Company providing this insurance. Declarations designate the only "autos" that are Other words and phrases that appear in quotation covered "autos". marks have special meaning. Refer to Section V - A. Description Of Covered Auto Designation Definitions. Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned Only those "autos" you own (and for Liability Coverage any "trailers" "Autos" you don't own while attached to power units you own.) This includes Only those "autos" you acquire ownership of after the policy begins. 3 Owned Only the private passenger "autos" you own. This includes those private Private passenger "autos" you acquire ownership of after the policy begins. Passenger "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type "Autos" Other (and for Liability Coverage any "trailers" you don't own while attached Than Private to power units you own). This includes those "autos" not of the Passenger private passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned Only those "autos" you own that are required to have No-Fault benefits "Autos" in the state where they are licensed or principally garaged. This Subject includes those "autos" you acquire ownership of after the policy begins To No-Fault provided they are required to have No-Fault benefits in the state where they are licensed or principally garaged. 6 Owned Only those "autos" you own that because of the law in the state where "Autos" they are licensed or principally garaged are required to have and Subject cannot reject Uninsured Motorists Coverage. This includes those To A "autos" you acquire ownership of after the policy begins provided Compulsory they are subject to the same state uninsured motorists requirement. Uninsured Motorists Law 7 Specifically Only those "autos" described in Item Three of Declarations for which Described a premium charge is shown (and for Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include Only any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 1 of 13 Symbol Description Of Covered Auto Designation Symbols 9 Non-Owned Only those "autos" you do not own, lease, hire, rent or borrow that "Autos" are used in connection with your business. This includes "autos" owned Only by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the ment Subject definition of "mobile equipment" under this policy if they were not To Compul- subject to a compulsory or financial responsibility law or other sory Or motor vehicle insurance law where they are licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy d. "Loss"; or Begins e. Destruction 1. If symbols 1, 2, 3, 4, 5, 6 or 19 are SECTION II - LIABILITY COVERAGE entered next to a coverage in ITEM TWO of the Declarations, then you have cov- A. Coverage erage for "autos" that you acquire of the We will pay all sums an "insured" legally type described for the remainder of the must pay as damages because of "bodily policy period. injury" or "property damage" to which this 2. But, if symbol 7 is entered next to a insurance applies, caused by an "accident" coverage in ITEM TWO of the Declara- and resulting from the ownership, mainten- tions, an "auto" you acquire will be a ance or use of a covered "auto." covered "auto" for that coverage only if: We will also pay all sums an "insured" le- gally must pay as a "covered pollution cost a. We already cover all "autos' that or expense" to which this insurance applies, you own for that coverage or it re- caused by an "accident" and resulting from places an "auto" you previously the ownership, maintenance or use of cov- owned that had that coverage; and ered "autos." However, we will only pay for b. You tell us within 30 days after you the "covered pollution cost or expense" if acquire it that you want us to cover there is either "bodily injury" or "property it for that coverage. damage" to which this insurance applies that C. Certain Trailers, Mobile Equipment And Tem- is caused by the same "accident." porary Substitute Autos We have the right and duty to defend any If Liability Coverage is provided by this Coy- "insured" against a "suit" asking for such erage Form, the following types of vehicles damages or a "covered pollution cost or ex- ° are also covered "autos" for Liability Coy- pense". However, we have no duty to defend ° erage: ages for "bodily injury" or "property any "insured" against a "suit" seeking dam- 1. dam- "Trailers" with a load capacity of 2,000 p yage" or a "covered pollution cost or pounds or less designed primarily for expense" to which this insurance does not travel on public roads. apply. We may investigate and settle any 2. "Mobile equipment" while being carried claim or "suit" as we consider appropriate. or towed by a covered "auto." Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has 3. Any "auto" you do not own while used been exhausted by payment of judgments or with the permission of its owner as a settlements. temporary substitute for a covered "auto" you own that is out of service 1. Who Is An Insured because of its: The following are "insureds": a. Breakdown; a. You for any covered "auto." b. Repair; c. Servicing; b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 2 of 13 (1) The owner or anyone else from (6) All interest on the full amount of whom you hire or borrow a coy- any judgment that accrues after ered "auto". This exception does entry of the judgment in any not apply if the covered "auto" "suit" against the "insured" we is a "trailer" connected to a cov- defend, but our duty to pay in- ered "auto" you own. terest ends when we have paid, (2) Your "employee" if the covered offered to pay or deposited in "auto" is owned by that "em- court the part of the judgment ployee" or a member of his or that is within our Limit of Insur- her household. ance. (3) Someone using a covered These payments will not reduce the "auto" while he or she is work- Limit of Insurance. ing in a business of selling, ser- b. Out of State Coverage Extensions. vicing, repairing, parking or storing "autos" unless that busi While a covered "auto" is away from the state where it is licensed we will: ness is yours. " (4) Anyone other than your "em_ (1) Increase the Limit of Insurance ployees", partners (if you are a for Liability Coverage to meet partnership), members (if you the limits specified by a compul- are a limited liability company), sory or financial responsibility or a lessee or borrower or any of law of the jurisdiction where the their "employees", while moving covered "auto" is being used. property to or from a covered This extension does not apply to "auto". the limit or limits specified by (5) A partner (if you are a partner- any law governing motor carriers ship), or a member (if you are a of passengers or property. limited liability company), for a (2) Provide the minimum amounts covered "auto" owned by him or and types of other coverages, her or a member of his or her such as no-fault, required of out- household. of-state vehicles by the jurisdic- c. Anyone liable for the conduct of an tion where the covered "auto" is "insured" described above but only being used. to the extent of that liability. We will not pay anyone more than 2. Coverage Extensions once for the same elements of loss because of these extensions. a. Supplementary Payments. B. Exclusions We will pay for the "insured": This insurance does not apply to any of the (1) All expenses we incur. following: (2) Up to $2,000 for cost of bail 1. Expected Or Intended Injury bonds (including bonds for re- lated traffic law violations) re- "Bodily injury" or "property damage" ex- quired because of an "accident" pected or intended from the standpoint we cover. We do not have to of the "insured furnish these bonds. 2. Contractual (3) The cost of bonds to release at- Liability assumed under any contract or tachments in any "suit" against agreement. the "insured" we defend, but But this exclusion does not apply to li- only for bond amounts within our Limit of Insurance. ability for damages: (4) All reasonable expenses incurred a. Assumed in a contract or agreement by the "insured" at our request, that is an "insured contract" pro- including actual loss of earnings vided the "bodily injury" or "prop- up to $250 a day because of erty damage" occurs subsequent to time off from work. the execution of the contract or agreement; or (5) All costs taxed against the "in- sured" in any "suit" against the "insured" we defend. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 3 of 13 b. That the "insured" would have in the 6. Care, Custody Or Control absence of the contract or agree- "Property damage" to or "covered ment. pollution cost or expense" involving 3. Workers' Compensation property owned or transported by the Any obligation for which the "insured" "insured" or in the "insured's" care, cus or the "insured's" insurer may be held tody or control. But this exclusion does liable under any workers' compensation, not apply to liability assumed under a disability benefits or unemployment com- sidetrack agreement. pensation law or any similar law. 7. Handling Of Property 4. Employee Indemnification And Employ- "Bodily injury" or "property damage" re- er's Liability suiting from the handling of property: "Bodily injury" to: a. Before it is moved from the place a. An "employee" of the "insured" where it is accepted by the "insured" arising out of and in the course of: for movement into or onto the cov- ered "auto"; or (1) Employement by the "insured"; or b. After it is moved from the covered "auto" to the place where it is finally (2) Performing the duties related to delivered by the "insured". the conduct of the "insured's" business; or 8. Movement Of Property By Mechanical Device b. The spouse, child, parent, brother or "Bodily injury" or "property damage" re- sister of that "employee" as a con- suiting from the movement of property sequence of Paragraph a. above. by a mechanical device (other than a This exclusion applies: hand truck) unless the device is attached (1) Whether the "insured" may be to the covered "auto". liable as an employer or in any 9. Operations other capacity; and "Bodily injury" or "property damage" (2) To any obligation to share dam- arising out of the operation of: ages with or repay someone else a. Any equipment listed in Paragraphs who must pay damages because 6.b. and 6.c. of the definition of "mo- of the injury. bile equipment"; or But this exclusion does not apply to b. Machinery or equipment that is on, "bodily injury" to domestic "employees" attached to, or part of, a land vehicle not entitled to workers' compensation that would qualify under the defini- benefits or to liability assumed by the tion of "mobile equipment" if it were "insured" under an "insured contract". not subject to a compulsory or finan- For the purposes of the Coverage Form, cial responsibility law or other motor a domestic "employee" is a person en- vehicle insurance law where it is li- gaged in household or domestic work censed or principally garaged. performed principally in connection with a residence premises. 10. Completed Operations 5. Fellow Employee "Bodily injury" or "property damage" arising out of your work after that work "Bodily injury" to any fellow "employee" has been completed or abandoned. of the "insured" arising out of and in the In this exclusion, your work means: course of the fellow "employee's" em- ployment or while performing duties re- a. Work or operations performed by lated to the conduct of your business. you or on your behalf; and b. Materials, parts or equipment fur- nished in connection with such work or operations. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 4 of 13 Your work includes warranties or repre- Paragraph a. above does not apply to sentations made at any time with respect fuels, lubricants, fluids, exhaust gas- to the fitness, quality, durability or per- es or other similar "pollutants" that formance of any of the items included in are needed for or result from the Paragraphs a. or b. above. normal electrical, hydraulic or me- Your work will be deemed completed at chanical functioning of the covered the earliest of the following times: "auto" or its parts, if. (1) When all of the work called for in (1) The "pollutants" escape, seep, your contract has been completed. migrate, or are discharged, dis- persed or released directly from (2) When all of the work to be done at an "auto" part designed by its the site has been completed if your manufacturer to hold, store, re- contract calls for work at more than one site. ceive or dispose of such "pollu- tants" and (3) When that part of the work done at a (2) The "bodilyinjury", "property job site has been put to its intended damage" or "covered pollution use by any person or organization cost or expense" does not arise other than another contractor or sub- out of the operation of any contractor working on the same pro- equipment listed in Paragraphs ject. 6.b. and 6.c. of the definition of Work that may need service, main- "mobile equipment". tenance, correction, repair or Paragraphs b. and c. above of this exclu- replacement, but which is otherwise sion do not apply to "accidents" that complete, will be treated as complet- occur away from premises owned by or ed. rented to an "insured" with respect to 11. Pollution "pollutants" not in or upon a covered "Bodily injury" or "property damage" auto if: arising out of the actual, alleged or (1) The "pollutants" or any property threatened discharge, dispersal, seepage, in which the "pollutants" are migration, release or escape of "pollu- contained are upset, overturned tants": or damaged as a result of the a. That are, or that are contained in any maintenance or use of a covered "auto"; and property that is: (1) Being transported or towed by, (2) The discharge, dispersal, seep- handled, or handled for move- age, migration, release or escape ment into, onto or from, the coy- of the "pollutants" is caused di- ered "auto"; rectly by such upset, overturn or damage. (2) Otherwise in the course of transit by or on behalf of the 12. War "insured"; or "Bodily injury" or "property damage" (3) Being stored, disposed of, treat arising directly or indirectly out of: ed or processed in or upon the a. War, including undeclared or civil covered "auto"; war; b. Before the "pollutants" or any prop- b. Warlike action by a military force, erty in which the "pollutants" are including action in hindering or de- contained are moved from the place fending against an actual or expect- where they are accepted by the "in- ed attack, by any government, sured" for movement into or onto sovereign or other authority using the covered "auto"; or military personnel or other agents; or c. After the "pollutants" or any prop- erty in which the "pollutants" are c. Insurrection, rebellion, revolution, contained are moved from the coy- usurped power, or action taken by ered "auto" to the place where they governmental authority in hindering are finally delivered, disposed of or or defending against any of these. abandoned by the "insured". CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 5 of 13 13. Racing 2. Towing. Covered "autos" while used in any pro- We will pay up to the limit shown in the fessional or organized racing or demoli- Declarations for towing and labor costs tion contest or stunting activity, or while incurred each time a covered "auto" of practicing for such contest or activity. the private passenger type is disabled. This insurance also does not apply while However, the labor must be performed at that covered "auto" is being prepared for the place of disablement. such a contest or activity. 3. Glass Breakage - Hitting a Bird or Ani- C. Limit Of Insurance mal - Falling Objects or Missiles. Regardless of the number of covered If you carry Comprehensive Coverage for "autos", "insureds", premiums paid, claims the damaged covered "auto", we will made or vehicles involved in the "accident", pay for the following under Comprehen- the most we will pay for the total of all sive Coverage: damages and "covered pollution cost or ex- pense" combined, resulting from any one a. Glass breakage; "accident" is the Limit of Insurance for Liabil- b. "Loss" caused by hitting a bird or ity Coverage shown in the Declarations. animal; and All "bodily injury," "property damage" and c. "Loss" caused by falling objects or "covered pollution cost or expense" resulting missiles. from continuous or repeated exposure to However, you have the option of having substantially the same conditions will be con- glass breakage caused by a covered sidered as resulting from one "accident". "auto's" collision or overturn considered No one will be entitled to receive duplicate a "loss" under Collision Coverage. payments for the same elements of "loss" 4. Coverage Extensions under this Coverage Form and any Medical a. Transporation Expenses Payments Coverage Endorsement, Uninsured Motorists Coverage Endorsement or Underin- We will pay up to $20 per day to a sured Motorists Coverage Endorsement at- maximum of $600 for temporary tached to this Coverage Part. transportation expense incurred by You because of the total theft of a SECTION III - PHYSICAL DAMAGE COVERAGE covered "auto" of the private pas- A. Coverage senger type. We will pay only for 1. We will pay for "loss" to a covered those covered "autos" for which you "auto" or its equipment under: carry either Comprehensive or Speci- fied Causes of Loss Coverage. We a. Comprehensive Coverage. From any will pay for temporary transportation cause except: expenses incurred during the period (1) The covered "auto's" collision beginning 48 hours after the theft with another object; or and ending, regardless of the poli- cy's expiration, when the covered ° (2) The covered "auto's" overturn. "auto" is returned to use or we pay ° b. Specified Causes of Loss Coverage. for its "loss". Caused by: b. Loss Of Use Expenses (1) Fire, lightning or explosion; For Hired Auto Physical Damage, we (2) Theft; will pay expenses for which an "in- sured" becomes legally responsible (3) Windstorm, hail or earthquake; to pay for loss of use of a vehicle (4) Flood; rented or hired without a driver, un- der a written rental contract or (5) Mischief or vandalism; or agreement. We will pay for loss of (6) The sinking, burning, collision or use expenses if caused by: derailment of any conveyance (1) Other than collision only if the transporting the covered "auto". Declarations indicate that Com- c. Collision Coverage. Caused by: prehensive Coverage is provided for any covered "auto"; (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 6 of 13 (2) Specified Causes Of Loss only if 3. We will not pay for "loss" caused by or the Declarations indicate that resulting from any of the following un- Specified Causes Of Loss Coy- less caused by other "loss" that is cov- erage is provided for any cov- ered by this insurance: ered "auto; or a. Wear and tear, freezing, (3) Collision only if the Declarations mechanical or electrical break- indicate that Collision Coverage down. is provided for any covered "auto". b. Blowouts, punctures or other road damage to tires. However, the most we will pay for any expenses for loss of use is $20 4. We will not pay for "loss" to any of the per day, to a maximum of $600. following: B. Exclusions a. Tapes, records, discs or other similar 1. We will not pay for "loss" caused by or audio, visual or data electronic de- resulting from any of the following. Such vices designed for use with audio, "loss" is excluded regardless of any oth- visual or data electronic equipment. er cause or event that contributes con- b. Any device designed or used to de- currently or in any sequence to the tect speed measuring equipment "loss". such as radar or laser detectors and any jamming apparatus intended to a. Nuclear Hazard. elude or disrupt speed measurement (1) The explosion of any weapon equipment. MIONOMMI employing atomic fission or fu- c. Any electronic equipment, without sion; or regard to whether this equipment is (2) Nuclear reaction or radiation, or permanently installed, that receives radioactive contamination, how- or transmits audio, visual or data ever caused. signals and that is not designed sole- b. War or Military Action. ly for the reproduction of sound. (1) War, including undeclared or civ- d. Any accessories used with the elec- il war; tronic equipment described in Paragraph c. above. (2) Warlike action by a military force, including action in hinder- Exclusions 4.c. and 4.d. do not apply to: ing or defending against an ac- a. Equipment designed solely for the tual or expected attack, by any reproduction of sound and accesso- government, sovereign or other ries used with such equipment, pro- authority using military person- vided such equipment is nel or other agents; or permanently installed in the covered (3) Insurrection, rebellion, revolu- "auto" at the time of the "loss" or tion, usurped power or action such equipment is removable from a taken by governmental authority housing unit which is permanently in hindering or defending against installed in the covered "auto" at the any of these. time of the "loss", and such equip- ment is designed to be solely op- 2. We will not pay for "loss" to any coy- " erated by use of the power from the ered "auto" while used in any profes "auto's" electrical system, in or upon sional or organized racing or demolition the covered "auto"; or contest or stunting activity, or while practicing for such contest or activity. We b. Any other electronic equipment that will also not pay for "loss" to any cov- is: ered "auto" while that covered "auto" is (1) Necessary for the normal opera- being prepared for such a contest or ac- tion of the covered "auto" or the tivity. monitoring of the covered "auto's" operating system; or CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 7 of 13 (2) An integral part of the same unit a. Pay its chosen appraiser; and housing any sound reproducing b. Bear the other expenses of the ap- equipment described in a. above praisal and umpire equally. andermanentl installed in the P Y opening of the dash or console If we submit to an appraisal, we will still of the covered "auto" normally retain our right to deny the claim. used by the manufacturer for in- 2. Duties In The Event Of Accident, Claim, stallation of a radio. Suit Or Loss 5. We will not pay for "loss" to a covered We have no duty to provide coverage "auto" due to "diminution in value". under this policy unless there has been C. Limit Of Insurance full compliance with the following duties: 1. The most we will pay for "loss" in any a. In the event of "accident", claim, one "accident" is the lesser of: "suit" or "loss", you must give us or our authorized representative prompt a. The actual cash value of the damag- notice of the "accident" or "loss". ed or stolen property as of the time Include: of the "loss"; or (1) How, when and where the "ac- b. The cost of repairing or replacing the cident" or "loss" occurred; damaged or stolen property with oth- er property of like kind and quality. (2) The "insured's" name and ad- dress; and 2. An adjustment for depreciation and phys- ical condition will be made in (3) To the extent possible, the determining actual cash value in the names and addresses of any in event of a total "loss". jured persons and witnesses. b. Additionally, you and any other in- 3. If a repair or replacement results in bet- volved "insured" must: ter than like kind or quality, we will not pay for the amount of the betterment. (1) Assume no obligation, make no D. Deductible payment or incur no expense without our consent, except at For each covered "auto", our obligation to the "insured's" own cost. pay for, repair, return or replace damaged or stolen property will be reduced by the ap- Immediately send us copies of plicable deductible shown in the Declara- any request, demand, order, no- tions. Any Comprehensive Coverage tice, summons or legal paper re- deductible shown in the Declarations does ceived concerning the claim or not apply to "loss" caused by fire or light- "suit". ning. (3) Cooperate with us in the inves- SECTION IV - BUSINESS AUTO CONDITIONS tigation or settlement of the claim or defense against the The following conditions apply in addition to the "suit". Common Policy Conditions: (4) Authorize us to obtain medical A. Loss Conditions records or other pertinent infor- 1. Appraisal For Physical Damage Loss mation. If you and we disagree on the amount of (5) Submit to examination, at our "loss", either may demand an appraisal expense, by physicians of our of the "loss". In this event, each party choice, as often as we reason- will select a competent appraiser. The ably require. two appraisers will select a competent c. If there is "loss" to a covered "auto" and impartial umpire. The appraisers will or its equipment state separately the actual cash value you must also do the following: and amount of "loss". If they fail to agree, they will submit their differences (1) Promptly notify the police if the to the umpire. A decision agreed to by covered "auto" or any of its any two will be binding. Each party will: equipment is stolen. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 8 of 13 (2) Take all reasonable steps to pro- 5. Transfer Of Rights Of Recovery Against tect the covered "auto" from fur- Others To Us they damage. Also keep a record If any person or organization to or for of your expenses for consider- whom we make payment under this Cov- ation in the settlement of the erage Form has rights to recover dam- claim. ages from another, those rights are (3) Permit us to inspect the covered transferred to us. That person or organi- "auto" and records proving the zation must do everything necessary to "loss" before its repair or dis- secure our rights and must do nothing position. after "accident" or "loss" to impair (4) Agree to examinations under them. oath at our request and give us a B. General Conditions signed statement of your an- 1. Bankruptcy swers. Bankruptcy or insolvency of the "in- 3. Legal Action Against Us sured" or the "insured's" estate will not No one may bring a legal action against relieve us of any obligations under this us under this Coverage Form until: Coverage Form. a. There has been full compliance with 2. Concealment, Misrepresentation Or all the terms of this Coverage Form; Fraud and This Coverage Form is void in any case b. Under Liability Coverage, we agree of fraud by you at any time as it relates in writing that the "insured" has an to this Coverage Form. It is also void if obligation to pay or until the amount you or any other "insured", at any time, of that obligation has finally been intentionally conceal or misrepresent a determined by judgment after trial. material fact concerning: No one has the right under this poli- cy to bring us into an action to deter- a. This Coverage Form; mine the "insured's" liability. b. The covered "auto"; 4. Loss Payment - Physical Damage c. Your interest in the covered "auto"; Coverages or At our option we may: d. A claim under this Coverage Form. a. Pay for, repair or replace damaged 3. Liberalization or stolen property; If we revise this Coverage Form to pro- b. Return the stolen property, at our ex- vide more coverage without additional pense. We will pay for any damage premium charge, your policy will auto- that results to the "auto" from the matically provide the additional coverage theft; or as of the day the revision is effective in c. Take all or any part of the damaged your state. or stolen property at an agreed or 4. No Benefit To Bailee - Physical Damage appraised value. Coverages If we pay for the "loss", our payment We will not recognize any assignment or will include the applicable sales tax for grant any coverage for the benefit of any the damaged or stolen property. person or organization holding, storing or transporting property for a fee regard- less of any other provision of this Cov- erage Form. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 9 of 13 5. Other Insurance b. If this policy is issued for more than a. For any covered "auto" you own, one year, the premium for this Cov- this Coverage Form provides primary erage Form will be computed annu insurance. For any covered "auto" ally based on our rates or premiums you don't own, the insurance pro- in effect at the beginning of each vided by this Coverage Form is ex- year of the policy. cess over any other collectible 7. Policy Period, Coverage Territory insurance. However, while a covered Under this Coverage Form, we cover "ac- auto" which is a "trailer" is con- cidents" and "losses" occurring: nected to another vehicle, the Liabil- ity Coverage this Coverage Form a. During the policy period shown in provides for the "trailer" is: the Declarations; and (1) Excess while it is connected to a b. Within the coverage territory. motor vehicle you do not own. The coverage territory is: (2) Primary while it is connected to a. The United States of America; a covered "auto" you own. b. The territories and possessions of b. For Hired Auto Physical Damage the United States of America; Coverage, any covered "auto" you lease, hire, rent or borrow is deemed c. Puerto Rico; to be a covered "auto" you own. d. Canada; and However, any "auto" that is leased, e. Anywhere in the world if: hired, rented or borrowed with a driver is not a covered "auto". (1) A covered "auto" of the private passenger type is leased, hired, c. Regardless of the provisions of Para- rented or borrowed without a graph a. above, this Coverage Form's driver for a period of 30 days or Liability Coverage is primary for any less; and liability assumed under an "insured contract". (2) The "insured's" responsibility to d. When this Coverage Form and anypay damages is determined in a g "suit" on the merits, in the Unit- other Coverage Form or policy coy- ed States of America, the ter- ers on the same basis, either excess ritories and possessions of the or primary, we will pay only our United States of America, Puerto share. Our share is the proportion Rico, or Canada or in a settle- that the Limit of Insurance of our ment we agree to. Coverage Form bears to the total of the limits of all the Coverage Forms We also cover "loss" to, or "accidents" and policies covering on the same involving, a covered "auto" while being basis. transported between any of these places. 6. Premium Audit 8. Two Or More Coverage Forms Or Poli- cies Issued By Us a. The estimated premium for this Cov- erage Form is based on the expo- If this Coverage Form and any other Cov- sures you told us you would have erage Form or policy issued to you by us when this policy began. We will or any company affiliated with us apply compute the final premium due to the same "accident", the aggregate when we determine your actual ex- maximum Limit of Insurance under all posures. The estimated total premi- the Coverage Forms or policies shall not um will be credited against the final exceed the highest applicable Limit of premium due and the first Named Insurance under any one Coverage Form Insured will be billed for the balance, or policy. This condition does not apply if any. If the estimated total premium to any Coverage Form or policy issued exceeds the final premium due, the by us or an affiliated company specifi- first Named Insured will get a re- cally to apply as excess insurance over fund. this Coverage Form. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 10 of 13 SECTION V - DEFINITIONS b. Before the "pollutants" or any prop- A. "Accident" includes continuous or repeated erty in which the "pollutants" are exposure to the same conditions resulting in contained are moved from the place "bodily injury" or "property damage". where they are accepted by the "in- B. "Auto" means; sured" for movement into or onto the covered "auto"; or 1. A land motor vehicle, "trailer" or semi- trailer designed for travel on public c. After the "pollutants" or any prop- roads; or erty in which the "pollutants" are contained are moved from the cov- 2. Any other land vehicle that is subject to ered "auto" to the place where they a compulsory or financial responsbility are finally delivered, disposed of or law or other motor vehicle insurance law abandoned by the "insured." where it is licensed or principally ga- raged. Paragraph a. above does not apply to However, "auto" does not include "mobile fuels, lubricants, fluids, exhaust gas- equipment". es or other similar "pollutants" that are needed for or result from the C. "Bodily injury" means bodily injury, sickness normal electrical, hydraulic or me- or disease sustained by a person including chanical functioning of the covered death resulting from any of these. "auto" or its parts, if: D. "Covered pollution cost or expense" means (1) The "pollutants" escape, seep, any cost or expense arising out of: migrate, or are discharged, dis- 1. Any request, demand, order or statutory persed or released directly from or regulatory requirement that any "in- an "auto" part designed by its sured" or others test for, monitor, clean manufacturer to hold, store, re- up, remove, contain, treat, detoxify or ceive or dispose of such "pollu neutralize, or in any way respond to, or tants"; and assess the effects of "pollutants"; or (2) The "bodily injury," "property 2. Any claim or "suit" by or on behalf of a damage" or "covered pollution governmental authority for damages be- cost or expense" does not arise cause of testing for, monitoring, cleaning out of the operation of any up, removing, containing, treating, detox equipment listed in Paragraphs ifying or neutralizing, or in any way re- 6.b. or 6.c. of the definition of sponding to or assessing the effects of "mobile equipment." "pollutants". Paragraphs b. and c. above do not "Covered pollution cost or expense" does not apply to "accidents" that occur away include any cost or expense arising out of from premises owned by or rented the actual, alleged or threatened discharge, to an "insured" with respect to "pol- dispersal, seepage, migration, release or es- lutants" not in or upon a covered cape of "pollutants": "auto" if: ° a. That are, or that are contained in any (1) The "pollutants" or any property property that is: in which the "pollutants" are contained are upset, overturned (1) Being transported or towed by, or damaged as a result of the handled, or handled for move- maintenance or use of a covered ment into, onto or from the coy- "auto"; and ered "auto"; (2) The discharge, dispersal, seep- (2) Otherwise in the course of age, migration, release or escape transit by or on behalf of the of the "pollutants" is caused di- "insured"; rectly by such upset, overturn or (3) Being stored, disposed of, treat- damage. ed or processed in or upon the covered "auto"; or CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 11 of 13 E. "Diminution in value" means the actual or a. That indemnifies a railroad for "bod- perceived loss in market value or resale val- ily injury" or "property damage" ue which results from a direct and accidental arising out of construction or demoli- "loss". tion operations, within 50 feet of any F. "Employee" includes a "leased worker". railroad property and affecting any "Employee" does not include a "temporary railroad bridge or trestle, tracks, road worker". beds, tunnel, underpass or crossing; or G. "Insured" means any person or organization qualifying as an insured in the Who Is An b. That pertains to the loan, lease or Insured provision of the applicable coverage. rental of an "auto" to you or any of Except with respect to the Limit of Insurance, your "employees", if the "auto" is the coverage afforded applies separately to loaned, leased or rented with a driv- each insured who is seeking coverage or er; or against whom a claim or "suit" is brought. c. That holds a person or organization H. "Insured contract" means: engaged in the business of transport- ing property by "auto" for hire harm- 1. A lease of premises; less for your use of a covered "auto" 2. A sidetrack agreement; over a route or territory that person or organization is authorized to serve 3. Any easement or license agreement, ex- by public authority. cept in connection with construction or demolition operations on or within 50 I. "Leased worker" means a person leased to feet of a railroad; you by a labor leasing firm under an agree- ment between you and the labor leasing firm, 4. An obligation, as required by ordinance, to perform duties related to the conduct of to indemnify a municipality, except in your business. "Leased worker" does not in- connection with work for a municipality; dude a "temporary worker". 5. That part of any other contract or agree- J. "Loss" means direct and accidental loss or ment pertaining to your business (includ- damage. ing an indemnification of a municipality in connection with work performed for a K. "Mobile equipment" means any of the fol- municipality) under which you assume lowing types of land vehicles, including any the tort liability of another to pay for attached machinery or equipment: "bodily injury" or "property damage" to 1. Bulldozers, farm machinery, forklifts and a third person or organization. Tort liabil- other vehicles designed for use princi- ity means a liability that would be im- pally off public roads; posed by law in the absence of any 2. Vehicles maintained for use solely on or contract or agreement. next to premises you own or rent; 6. That part of any contract or agreement 3. Vehicles that travel on crawler treads; entered into, as part of your business, pertaining to the rental of lease, by you 4. Vehicles, whether self-propelled or not, or any of your "employees", of any maintained primarily to provide mobility "auto." However, such contract or agree- to permanently mounted: ment shall not be considered an "insured a. Power cranes, shovels, loaders, dig- contract" to the extent that it obligates gers or drills; or you or any of your "employees" to pay for "property damage" to any "auto" re- b. Road construction or resurfacing nted or leased by you or any of your equipment such as graders, scrapers "employees". or rollers. An "insured contract" does not include that part of any contract or agreement: CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 12 of 13 5. Vehicles not described in Paragraphs 1., L. "Pollutants" means any solid, liquid, gaseous 2., 3., or 4. above that are not self-pro- or thermal irritant or contaminant, including pelled and are maintained primarily to smoke, vapor, soot, fumes, acids, alkalis, provide mobility to permanently attached chemicals and waste. Waste includes materi- equipment of the following types: als to be recycled, reconditioned or re- a. Air compressors, pumps and gener- claimed. ators, including spraying, welding, M. "Property damage" means damage to or loss building cleaning, geophysical explo- of use of tangible property. ration, lighting and well servicing N. "Suit" means a civil proceeding in which: equipment; or 1. Damages because of "bodily injury" or b. Cherry pickers and similar devices "property damage"; or used to raise or lower workers. 2. A "covered pollution cost or expense", 6. Vehicles not described in Paragraphs 1., 2., 3. or 4. above maintained primarily to which this insurance applies, are alleged. for purposes other than the transporta- "Suit" includes: tion of persons or cargo. However, self- propelled vehicles with the following a. An arbitration proceeding in which types of permanently attached equipment such damages or "covered pollution are not "mobile equipment" but will be costs or expenses" are claimed and considered "autos": to which the "insured" must submit or does submit with our consent; or a. Equipment designed primarily for: b. Any other alternative dispute resolu- (1) Snow removal; tion proceeding in which such dam- (2) Road maintenance, but not con- ages or "covered pollution costs or struction or resurfacing; or expenses" are claimed and to which (3) Street cleaning; the insured submits with our con- sent. b. Cherry pickers and similar devices mounted on automobile or truck O. "Temporary worker" means a person who is chassis and used to raise or lower furnished to you to substitute for a perma- workers; and nent "employee" on leave or to meet sea- sonal or short-term workload conditions. c. Air compressors, pumps and gener£tors, including spraying, weld- P. "Trailer" includes semitrailer. ing, building cleaning, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment" does not in- clude land vehicles that are subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial respon- sibility law or other motor vehicle insurance law are considered "autos". CA 00 01 03 06 ®ISO Properties, Inc., 2005 Page 13 of 13