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HomeMy WebLinkAbout5856PROFESSIONAL SERVICES AGREEMENT Construction Engineering Services Manette Park Renovation Project The City of Bremerton ("City") and Barker Creek Consulting ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated May 11, 2018, including any attachments thereto , attached hereto as Attachment A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Attachment A immediately upon execution of this Agreement. The parties agree that the work described in Attachment 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 $16,538.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit A. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit A. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 1 of 7 Bremerton/Barker Creek Consulting Owner Representative Services During Construction-Manette Park Renovation Project Rev. 03/2018 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 7 Bremerton/Barker Creek Consulting Owner Representative Services During Construction-Manette Park Renovation Proiect Rev. 03/2018 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -Consultants. 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. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 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 7 Bremerton/Barker Creek Consulting Owner Representative Services During Construction-Manette Park Renovation Project Rev. 03/2018 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 be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Page 4 of 7 Bremerton/Barker Creek Consulting Owner Representative Services During Construction-Manette Park Renovation Project Rev. 03/2018 D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: CITY: Attn: Jeff Elevado City of Bremerton 3456 th Street, Suite 100 Bremerton, WA 98337 Notices to be sent to: CONSULTANT: Fm Barker Creek Consulting P.O. Box 2011 Silverdale, WA 98383 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 7 Bremerton/Barker Creek Consulting Owner Representative Services During Construction-Manette Park Renovation Project Rev. 03/2018 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: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights_ Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final Page 6 of 7 Bremerton/Barker Creek Consulting Owner Representative Services During Construction-Manette Park Renovation Proiect Rev. 03/2018 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. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON BARKER CREEK CONSULTING By: <AaL Print Name: Jeff Elevado Its: Director of Parks & Recreation Date: -jbgrlw, APPROVED AS TO FORM: By: C-,'� � Kf Bremerto ity tto ey Print Name: r' Its: i #lei Date: —7 ATTEST: R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 03 2018.docx Page 7 of 7 Bremerton/Barker Creek Consulting Owner Reoresentative Services During Construction-Manette Park Renovation Project Rev. 03/2018 SCOPE OF WORK City of Bremerton Manette Park Renovation Owner Rep Services During Construction INTRODUCTION ATTACHMENT A Barker Creek Consulting (BCC) will provide on call owner representative construction management service for the Manette Park Renovation and work as an extension of City Staff to provide construction management services throughout the construction of the project. A proposed schedule for the work is provided in Exhibit B and our proposed budget is attached as Exhibit A. The following tasks are associated with this SOW: Task 1— Construction Management Support Objective A BCC Senior Construction Manager (Shannon Thompson) will work with the Project Controls specialist (April Elliott) and will provide construction management support as requested throughout the construction phase of the project. This work will be performed on a time and materials basis. Work assignments are as follows: Activities The following activities may be associated with this task: • Lead and attend weekly construction meetings • Prepare and draft meeting agendas and meeting notes for the weekly construction meetings • Review changes and provide comment for the preparation work change directive and field orders • Review contractor master schedule • Review contractor schedule of values and payment request. • Verify certified payrolls • Prepare contract working day reports for issuance to the contractor. • Implement and maintain master document control system to track correspondence, shop drawing submittals, RFI's, laboratory and test reports, work directives, and change orders. • Coordinate project close out and punch list with the deign team Deliverables The following deliverables will be prepared: Work change directives, field orders, pay request reviews and other document as requested by the City City of Bremerton Manette Park Renovation 1 May 11, 2018 Scope of Work • Provide weekly construction agenda meeting notes and documentation required • Maintain master document control system to track correspondence, shop drawing submittals, RFI's, laboratory and test reports, work directives, and change orders. • Maintain electronic files per City's instructions. Assumptions The following assumptions apply to this task: • BCC construction manager will provide support on an on-call basis such as needed for negotiating change orders, reviewing construction issue and field changes. • City staff will provide all onsite observation which includes tracking pay estimate quantities, coordinating special inspections and testing, and tracking all project changes. • City staff will process field orders, change orders, and all pay applications. PROJECT ASSUMPTIONS AND CONDITIONS This Scope of Services and associated fee schedule are based on the assumption that BARKER CREEK CONSULTING will provide construction management services for the above stated project on a time and material basis. The Scope of Services and associated fee schedule is based on a time and materials not to exceed budget (see estimated effort attached). Work beyond that time has not been included in the costs for this Scope of Services and would be considered additional or extra work. If the project is delayed, the Contractor works on unworkable or non -working days, or the project's working days exceed this time, then the effort needed to provide construction services by BARKER CREEK CONSULTING will need to be increased. The CITY and BARKER CREEK CONSULTING will work closely to optimize this additional -required level of effort by BARKER CREEK CONSULTING. • Work under this contract amendment will begin May 2018 and continue through the September 2018. • Normal working day and night work hours shall be in accordance (Monday through Friday 8:00 AM — 5:00 PM). Saturday, Sunday, and holidays, plus nighttime work may be required at the request of the City and for work performed on those days, reimbursement shall be in accordance with the hourly rates contained within this proposal. BARKER CREEK CONSULTING shall not be responsible for the Contractor's construction means, methods, techniques, sequences or procedures, or safety precautions and programs except as otherwise provided in this Scope of Services. BARKER CREEK CONSULTING shall not be responsible for the Contractor's failure to carry out the work in accordance with the contract documents. BARKER CREEK CONSULTING will endeavor to identify and guard the City against defects and deficiencies in the work of the Contractor, but it is understood that BARKER CREEK CONSULTING does not and cannot guarantee the performance of the Contractor. BARKER CREEK CONSULTING has prepared this Scope of Services and related cost spreadsheet with the assumption that a competent Contractor is selected by the CITY for the proj ect. City of Bremerton Manette Park Renovation 2 May 11, 2018 Scope of Work 00 0 N to if T LD 0 00 0 N N rn a 7 m Y fB C CU 1� 00 00 m M U)� O O U co r tC � � r HCAD O O c U @ O O 0 L6LO _ V d U Ui Q o_ O _ � Q rn 6�i C O N d O U O L LO uj N Ln N Vy LL L Q ir Q N a= CL O m c U H H _ L � U co W 0 cu O CU a o o Z J N V C J m� N 0 M co U00 00 M co W N U) Q � 2 d T LD 0 00 0 N N rn a 7 m Y fB C CU 1� EXHIBIT B SCHEDULE Work Element Completed By Notice to Proceed May 2018 Anticipated Substantial Completion Date Anticipated Physical Completion Date September 2018 September 2018 City of Bremerton Manette Park Renovation Scope of Work May 11, 2018 RA RKCRF-A4 CHI IMT71M('_1=R ACORO® CERTIFICATE OF LIABILITY INSURANCE Et/3012018 ' 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(los) 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 C NRMNPCT Susan Huntzinger Basin Pacific Insurance & Benefits PO Box 544 Othello, WA 99344106.s:shuntzinge PHONE FAX ac, No, Ext : (509) 488-5787 AIC, No :(509) 488-0558 basinpacific.com INSURER(S) AFFORDING COVERAGE NAIC # GL -4193364 INSURER A: Colony Insurance Co 04/09/2019 INSURED INSURER B: Scottsdale Insurance CO. INSURER C: Barker Creek Consulting LLC INSURER D: PO Box 2011 Silverdale, WA 98383 INSURER E INSURER F : Stop Gap $ 1,000,000 COVERAGES CERTIFICATE NUMBER_ RFVISICAN NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICYNUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X GL -4193364 04/09/2018 04/09/2019 EACH OCCURRENCE $ 1,000,000 DDAAAGE TO aEoNTED $ 100,000 PREMMISES MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1'000'600 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ jpeT F] LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPlOP AGG $ 2,000,000 Stop Gap $ 1,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS WN AUTOS ONLY AIRO� ONLDY EO, so den SINGLE LIMIT $ BODILY INJURY Per on $ BODILY INJURY Per accident $ PetOaCddent AMAGE $ UMBRELLA LIASOCCUR EXCESS LIAB HCLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ AND EMPLOYERS'LIABILITYLIAABILIITY YIN AANY PRRO�PMRIETgO�RRIPARTNERIEXECUTIVE ❑ (MFa datoryin NH) EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below NIA OTH- STA TE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ B Professional Liab X X EKI-3252453 04/09/2018 04/09/2019 Errors & Omissions 1,000,000 DESCRIPTION OF OPERATIONS ! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required/ The City of Bremerton, it agents, representatives, employees, sub -consultants and sub -consultants are listed as additional insured. Coverage is primary and non-contributory and includes waiver of subrogation. 30 days prior written notice of cancellation, nonrenewal, or change required. UBI# 604248288 City of Bremerton 345 6th Street, Ste 100 Bremerton, WA 98337 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD sgsL4 BARKCRE-01 SHLINTZINGFR r . R ' 1%.� CERTIFICATE OF LIABILITY INSURANCE DATE (M/Y) 08110/2018 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 Basin Pacific Insurance & Benefits PO Box 544 Othello, WA 99344 NAMEACT Susan Huntzinger PHONE ,Eat): (509) 488-5787 AX, No):(509) 488-0558 E-MAIL SS:shuntzinger@basinpacific.com INSURERS AFFORDING COVERAGE NAIC # X INSURER A: ColonyInsurance Co GL -4193364 INSURED INSURER B: Scottsdale Insurance Co. INSURER C: Barker Creek Consulting LLC INSURER D: PO Box 2011 Silverdale, WA 98383 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICDY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [:X] OCCUR X X GL -4193364 04/09/2018 04/09/2019 EACH OCCURRENCE $ 1'000' DAMAGE PREMISEo) a NTEDence $ 100,000 REM MED EXP (Any oneperson) $ 5'000 PERSONAL & ADV INJURY $ 1'000' O GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY [:] PRO- ❑LOC JECT GENERAL AGGREGATE $ 2'000'000 2,000,000 PRODUCTS-COMP/OPAGG $ Stop Gap $ 1,000,40 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Perperson) $ ANY AUTO OWNED SCHEDULED 1 AUTOS ONLY AUTOS BODILY INJURY Per accident $ P OPERTY DAMAGE eracadent $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED T7RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N SPOTH- TAT TE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under N / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Professional Liab X X EKI-3252453 04/09/2018 04/09/2019 Errors & Omissions 1,000iP, , DESCRIPTION OF OPERATIONS / LOeATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more s e i quired The City of Bremerto it nts, representatives, employees, and sub -consultants are listed as addition nsured.) Coverage is primarynon-contributory and includes waiver o rogation. 30 days prior written notice of cancellation, nonrenewal, or change required. UBI# 604248288 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo"are registered marks of ACORD a I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Bremerton 345 6th Street, Ste 100 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton, WA 98337 AUTHORIZED REPRESENTATI V E ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo"are registered marks of ACORD a I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES ,,�' OR CONTRACTORS - BLANKET COVERAGE INCLUDING PRIMARY / NON-CONTRIBUTORY AND WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FART SCHEDULE Name of Additional Insured Person(s) or Organization(s) (Additional Insured): Location(s) of Covered Operations: Ali persons or organizations as required by a written Locations as required by a written contract or contract or agreement with the named insured. agreement with the named insured. A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your poficy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" casued, in whole or in part, by: 1. your acts or omissions; or 2. the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations or Work "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "bodily injury" or "property damage" arising directly or indirectly out of the negligence of the additional insured(s). U156A-0313 Includes copyrighted material of ISO Properties, Inc., Page 1 of 2 with its permission. Insured C. SECTION IV — COMMERCIAL GENERAL UABIUTY CONDITIONS, 4. Other Insurance is amended and the following added: The insurance afforded by this Coverage Part for the additional insured required by a written contract or agreement with the named insured is primary insurance and we will not seek contribution from any other insurance available to that additional insured. D. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us is amended and the following added: We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage resulting from your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" if: a. you agreed to such waiver; b. the waiver is included as part of a written contract or lease; and c. such written contract or lease was executed prior to any loss to which this insurance applies. ALL OTHER TERMS AND CONDITIONS OFTHE POLICY REMAIN UNCHANGED. U156A-0313 Includes copyrighted material of ISO Properties, Inc., Page 2 of 2 with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP - EMPLOYERS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance State Where This Insurance Applies: I Washin ton Bodily Injury Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Aggregate Limit Including Sur)Dlementary Payments Bodily Injury Disease $1,000,000 Each Employee Deductible $500 1 Each Claim A. The following is added to SECTION I -COVERAGES: COVERAGE - STOP GAP - EMPLOYERS UAENUTY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated by law of the state(s) shown in the Schedule above to pay as damages because of "bodily injury by accident" or "bodily injury by disease" to your "employee" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages to which this insurance does not apply. We may, at our discretion, investigate any accident and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under this coverage. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies to "bodily injury by accident" or "bodily injury by disease" only if: (1) The: (a) "Bodily injury by accident" or "bodily injury by disease" takes place in the "coverage territory"; (b) "Bodily injury by accident" or "bodily injury by disease" results from and is in the course of the injured "employee's" employment by you; and (c) "Employee", at the time of the injury, was covered under a worker's compensation policy and subject to a "workers compensation law" of the state(s) shown in the Schedule; and U066-0310 Contains material copyright ISO Properties, Inc., 2003 Page 1 of 6 with its permission. Insured (2) The: (a) "Bodily injury by accident" is caused by an accident that occurs during the policy period; or (b) "Bodily injury by disease" is caused by or aggravated by conditions of employment by you and the injured "employee's" last day of last exposure to the conditions causing or aggravating such "bodily injury by disease" occurs during the policy period. c. The damages we will pay, where recovery is permitted by law, include damages: (1) For: (a) Which you are liable to a third party by reason of a claim or "suit" against you by that third party to recover the damages claimed against such third party as a result of injury to your "employee"; (b) Care and loss of services; and (c) Consequential "bodily injury by accident" or "bodily injury by disease" to a spouse, child, parent, brother or sister of the injured "employee"; provided that these damages are the direct consequence of "bodily injury by accident" or "bodily injury by disease" resulting from and in the course of the injured "employee's" employment by you; and (2) Because of "bodily injury by accident" or "bodily injury by disease" to your "employee" resulting from and in the course of employment, claimed against you in a capacity other than as employer. 2. Exclusions This insurance does not apply to: a. Intentional Injury "Bodily injury by accident" or "bodily injury by disease" intentionally caused or aggravated by you, or "bodily injury by accident" or "bodily injury by disease" arising directly or indirectly out of an act which is determined to have been committed by you if it was reasonable to believe that an injury is substantially certain to occur. b. Fines Or Penalties Any assessment, penalty, or fine levied by any regulatory inspection agency or aut hority. c. Statutory Obligations Any premium, assessment, benefit, penalty, fine, liability or obligation of the insured imposed or granted pursuant to a workers' compensation, disability benefits or unemployment compensation law or any similar law. d. Contractual Liability Liability assumed by you under any contract or agreement. e. Violation Of Law "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your "executive officers". U066-0310 Contains material copyright ISO Properties, Inc., 2003 Page 2 of 6 with its permission. G. AUTHORIZATION CLAUSE By acceptance of this Policy, the Parent Company agrees to act on behalf of all Insureds, and the Insureds agree that the Parent Company will act on their behalf, with respect to the giving of all notices to Insurer, the receiving of notices from Insurer, the agreement to and acceptance of endorsements, the payment of the premium and the receipt of any return premium. H. DISCOVERY PERIOD 1. If this Policy or any Coverage Section is cancelled or is not renewed by the Insurer, for reasons other than non-payrnent of premium or if the Parent Company elects to cancel or not to renew this Policy or a Coverage Section, then the Parent Company shall have the right, upon payment of an additional premium calculated at that percentage shown In Item 5. of the Declarations of the total premium for this Policy, or the total premium for the cancelled or not renewed Coverage Section, whichever is applicable, to purchase an extension of the coverage granted by this Policy or the applicable cancelled or not renewed Coverage Section with respect to any Claim first made during the period of time set forth in Item 5. of the Declarations after the effective date of such cancellation or, in the event of a refusal to renew, after the Policy expiration date, but only with respect to any Wrongful Act committed before such date. The Parent Company shall have the right to elect only one of the Discovery Periods set forth in Item 5. of the Declarations. 2. As a condition precedent to the right to purchase the Discovery Period set forth in subsection H.1. above, the total premium for the Policy must have been paid. Such right to purchase the Discovery Period shall terminate unless written notice, together with full payment of the premium for the Discovery Period, is received by Insurer within ninety (90) days after the effective date of cancellation, or, in the event of a refusal to renew, within ninety (90) days after the Policy expiration date. If such notice and premium payment is not so given to Insurer, there shall be no right to purchase the Discovery Period. 3. In the event of the purchase of the Discovery Period, the entire premium therefore shall be deemed earned at the commencement of the Discovery Period, 4. The exercise of the Discovery Period shall not in any way increase or reinstate the limit of Insurers liability under any Coverage Section. 1. TERRITORY Coverage under this Policy shall extend to Wrongful Acts taking place or Claims made anywhere in the world. ;;P J. ASSISTANCE, COOPERATIOf4 AND SUBROGATION The Insureds agree to provide Insurer with such Information, assistance and cooperation as Insurer reasonably may request, and they further agree that they shall not take any action which In any way increases Insurer's exposure under this Policy. In the event of any payments under this Policy, Insurer shall be subrogated to the extent of such payment to all of the Insureds' rights of recovery against any person or entity. The Insureds shall execute all papers required and shall do everything that may be necessary to secure and preserve such rights, including the execution of such documents as are necessary to enable Insurer effectively to bring suit or otherwise pursue subrogation in the name of the Insureds, and shall provide all other assistance and cooperation which Insurer may reasonably require. The Insurer hereby waives its subrogation rights against a client of the Insured to the extent that the Insured had, prior to a Claim or a Wrongful Act reasonably expected to give rise to a Claim, entered Into a written agreement to waive such rights. In no event, however, shall the Insurer exercise its right of subrogation against an Insured under this Policy, unless such Insured has: 1. cornmitted a dishonest, fraudulent or criminal act, if established by a final, non -appealable adjudication, guilty verdict or guilty plea or other written admission under oath by such Insureds; or 2. obtained any profit or advantage to which the Insured was not legally entitled if established by a final non- EKl-1 A (06/13) 6/12/2018 — Page 4 of 5 (-,) Natlonwl-da appealable adjudication, guilty verdict or guilty plea or other written admission under oath by such Insureds. K. ACTION AGAINST INSURER, ALTERATION AND ASSIGNMENT No action shall lie against Insurer unless, as a condition precedent thereto, there shall have been compliance with all of the terms of this Policy. No person or organization shall have any right under this Policy to join Insurer as a party to any action against the Insureds to determine their liability, nor shall Insurer be Impleaded by the Insureds or their legal representative. No change in, modification of, or assignment of interest under this Policy shall be effective except when made by a written endorsement to this Policy which is signed by an authorized representative of the Insurer. L. ENTIRE AGREEMENT By acceptance of this Policy, the Insureds agree that this Policy embodies all agreements existing between them and Insurer or any of their agents relating to this Insurance. Notice to any agent or knowledge possessed by any agent or other person acting on behalf of Insurer shall not effect a waiver or a change in any part of this Policy or estop Insurer from asserting any right under the terms of this Policy or otherwise, nor shall the terms be deemed waived or changed except by written endorsement or rider issued by Insurer to form part of this Policy. M. ALLOCATION 1. In the event the Insurer has the duty to defend a Claim under any Coverage Section in which both Loss that is covered by the applicable Coverage Section and loss which is not covered by the applicable Coverage Section is incurred because such Claim Includes both covered and uncovered matters or because such Claim is made against both covered and uncovered parties, where such parties are Insureds under this Policy, then: a. this Policy shall pay one hundred percent (100%) of such Costs, Charges and Expenses incurred by such insured on account of such Claim; and b. the Insured and the Insurer shall use their best efforts to determine a fair and equitable allocation between covered Loss and uncovered loss based upon the relative legal and financial exposures and the relative benefits obtained. 2. In the event the Insured has the duty to defend a Claim under any Coverage Section in which both Loss that is covered by the applicable Coverage Section and loss which is not covered by the applicable Coverage Section is incurred, either because such Claim includes both covered and uncovered matters or because such Claim Is made against both covered and uncovered parties, then the Insured and the Insurer shall use their best efforts to determine a fair and equitable allocation of any remaining loss on account of such Claim between covered Loss and uncovered loss based upon the relative legal and financial exposures and the relative benefits obtained. N. STATE AMENDATORY INCONSISTENT It is agreed that in the event there is an Inconsistency between a state amendatory endorsement attached to this Policy and any term or condition of this Policy, then where permitted by law, the Insurer shall apply those terms and conditions of either the amendatory endorsement or the Policy which are more favorable to the Insured. EKH A (06113) 6/1212018 — Page 5 of 5 Nartionwidv BARKER CREEK CONSULTING LLC Department of Labor & Industries Page 1 of 1 Certificate of Workers' Compensation Coverage WA UBI No. L&I Account ID Legal Business Name Doing Business As Workers' Comp Premium Status: Estimated Workers Reported (See Description Below) Account Representative Licensed Contractor? August 14, 2018 604 248 288 666,786-00 BARKER CREEK CONSULTING LLC BARKER CREEK CONSULTING Account is current. Quarter 2 of Year 2018 "Less than 1 Workers" Employer Services Help Line, (360) 902-4817 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 51.12.050 and 51.16.190). https:Hsecure.Ini.wa. gov/verify/Details/liabilityCertificate. aspx?UBI=60424828 8&LIC=&... 8/14/2018