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HomeMy WebLinkAbout5703PROFESSIONAL SERVICES AGREEMENT Highway Safety Improvements Phase 2 — 42112 & Puget Sound Naval Gate Safety Project - 315002 The City of Bremerton ("City") and KPG, P.S. ("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 July 11, 2017, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. 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. Tfie 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 25,000.00. 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 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. Bremerton/KPG, P.S. Highway Safety Improvements Phase 2/ Puget Sound Naval Gate Safety Project Page 1 of 7 Rev 02-16 CONTRACT MODIFICATION AGREEMENT NO. 5703 BETWEEN THE CITY OF BREMERTON AND ]KPG, P.S. PROJECT Highway Safety Improvements Phase 2 - 42112 and Puget Sound Naval Safety Project - 315002 CONSULTANT KPG, P.S. DATE: October 2, 2017 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and KPG.. P.S. on -July 11, 2017 All provisions in the Contract shall remain in full force and effect except: as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: No change Section II. Term 'is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by July 1, 2018. Section III. Compensation , is modified as follows: No change II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. CONTRACT MODIFICATION Project Number:42111 /3 1 5002 This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer approved to process — 1012c p - Initials and Date CONS LTANT. THE CITY OF BREMERTON % e 6?!� L By Nathan Mowr By Chal Martin Its Principal Its Public Works Director DATE: APPROVED AS TO FORM: � V M Bremerton City orney NOTICES TO BE SENT TO: KPG, P.S: 2502 Jefferson Ave. Tacoma, WA 98402 R:\LEGAL\Contracts\FORMS\Contract Modification (2003).doc CONTRACT MODIFICATION Project Number:42111/315002 DATE: 10 l �l i ATTEST: City Clerk NOTICES TO BE SENT TO: City of Bremerton Attn.: City Clerk 3456 1h Street STE 600 Bremerton, WA 98337 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 Bremerton/KPG, P.S. Highway Safety Improvements Phase 2/ Puget Sound Naval Gate Safety Project Page 2of7 Rev 02-16 OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 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. Bremerton/KPG, P.S. Highway Safety Improvements Phase 2/ Puget Sound Naval Gate Safety Project Page 3 of 7 Rev 02-16 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 6'h Street, Suite 600, 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 Tacoma, 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 Bremerton/KPG, P.S. Highway Safety Improvements Phase 2/ Puget Sound Naval Gate Safety Project Page 4 of 7 Rev 02-16 Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Tacoma, 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. . 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. City Address City of Bremerton 3456 1h Street STE 600 Bremerton, WA 98337 Consultant Address KPG, P.S. 2502 Jefferson Ave Tacoma, WA 98402 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. Bremerton/KPG, P.S. Highway Safety Improvements Phase 2/ Puget Sound Naval Gate Safety Project Page 5 of 7 Rev 02-16 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. Bremerton/KPG, P.S. Highway Safety Improvements Phase 2/ Puget Sound Naval Gate Safety Project Page 6 of 7 Rev 02-16 B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BRE MERTON CONSULTANT By:'_(* \L 1_ YYI fin its: Date: Approved as to form: Bremerton C' Attorney Atte t: i City Clerk R:\Legal\Legal\Contracts\FORMS\Professional Services Agreement Form (2016).doc Bremerton/KPG, P.S. Highway Safety Improvements Phase 2/ Puget Sound Naval Gate Safety Project Page 7 of 7 Rev 02-16 Exhibit A City of Bremerton Highway Safety Improvements, Phase 2 and Puget Sound Naval Gate Safety Project On -Call Construction Support Scope of Work July H, 2017 PROJECT UNDERSTANDING The purpose of this contract is to provide on-call construction inspection and Engineering support during construction of the HSIP Phase 2/Puget Sound Naval Safety Project. ASSUNIPTIONS The following assumptions were made when developing this Scope of Work: • It is anticipated that the CITY will provide project management and documentation control, the CONSULTANT will only be needed for on-call field inspection and Engineering support. • Record of Materials shall be kept and maintained by the CITY. • Coordination of material testing will be handled by the CITY. SCOPE OF WORK TASK 1.0 — ENGINEERING SUPPORT DURING CONSTRUCTION The following is a list of anticipated work items to be included within this task: 1.1 Provide up to eighty (80) hours of Engineer support during construction, including answering questions or providing material submittal reviews. TASK 2.0 — ON-CALL CONSTRUCTION INSPECTION The following is a list of anticipated work items to be included within this task: 2.1 Provide up to fifteen (15) working days of construction inspection (assumed 10 hours per day). Inspector will observe the Contractor's daily activities and prepare an Inspector's Daily Report (IDR) for each day on site. [DR will be accompanied with relevant photographs of the Work. All questions posed by the Contractor will he routed to the CITY for response. HS1P Phase 2 and Puget Sound Page 1 of I KPG#17108 Naval Gate Safety Project On -Call Construction Support Exhibit B City of Bremerton Highway Safety Improvements, Phase 2 and Puget Sound Naval Gate Safety Project On -Call Construction Support Project Schedule July 11, 2017 PROJECT SCHEDULE KPG will provide services as specified in the attached Scope of Work on an on-call basis as directed by the City of Bremerton, not to exceed the number of hours specified. In the event that the City's Construction Inspector is not available, KPG will make every effort to provide a staff member competent in the work being performed. The exact project schedule is unknown and will depend on the Contractor's methods and suspension durations for material procurement, however the following dates will provide an approximate outline: • Late July 2017: The CITY will issues Notice to Proceed (NTP) to the Contractor. The Contract state that there are 80 working days. • August 21-22, 2017: KPG will provide a staff member to perform construction inspection duties as specified in the Scope of Work as a supplement to City Staff. • August 25 -September 6, 2017: KPG will provide a staff member to perform construction inspection duties as specified in the Scope of Work as a supplement to City Staff. • January 12, 2018: Estimated contract completion HSIP Phase 2 and Puget Sound Page 1 of I KPG#17108 Naval Gate Safety Project On -Call Construction Support t K W LU a H w W W LL G Z Q 0 x Q V A O L a a m r o CL a v � N 2 c O OC m v t M 2 m N h n c 7 0 O CO L o U N C CL CL v T r , C�=a0-5 O Iq co� o T N N � T 0� Y U N O d T ro m co N m C7 m z c o Ucma c 7 =3 to C70 a E m 2w N � � N O LL co r CL m m o U Cn c o =O= A` p 1 0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 18/1/2017 AC� EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 PHM 360-626-2007 FAX 360-598-3703 19660 10th Ave N EIAIC E-MAIL aandrus@hallandcompany.com Poulsbo WA 98370 INSURERS AFFORDING COVERAGE NAIC # EACH OCCURRENCE $1,000,000 INSURERA:The Travelers Indemnity Company of 25682 CLAIMS -MADE 5X OCCUR INSURED 282 INSURER B:Lexin ton Insurance Company 19437 KPG Inc INSURERC:The Travelers Indemnity C m 25658 3131 Elliott Avenue Suite 400 INSURER Phoenix Insurance a 25623 Seattle WA 98121 X XCU/OCP/BFPD INSURER E, INSURER F: COVERAGES CFRTIFICATF NIIMRFR- 139785728 RFVISInN 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 ADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 6801J556820 6/1/2017 6/1/2018 EACH OCCURRENCE $1,000,000 CLAIMS -MADE 5X OCCUR DAMAGE TO RENTED PREMISES lEa occurrence $300,000 MED EXP (Any one person) $5,000 X XCU/OCP/BFPD X Cross Liability PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY 1 PEC LOC PRODUCTS - COMP/OPAGG $2,000,000 $ OTHER: D AUTOMOBILE LIABILITY BA4011 N 714 6/1/2017 6/1/2018 MBIN D IN L L MI $1,000,000 Ea accident 1, 000, 000 BODILY INJURY (Per person) $ X ANY AUTO ALLNED AUULED TOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident C X UMBRELLA LIAB Vfd OCCUR CUP3779TO32 6/1/2017 6/1/2018 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 6801J556820 6/1/2017 6/1/2018 PERTH - STATUTE X ER WA Stop Gap E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNERJEXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B Professional Liab Claims Made 028174929 6/1/2017 6/1/2018 $1,000,000 Per Claim / $1,000,000 Aggregatev/ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) HSIP Phase 2 Bremerton PN 17108 The certificate holder is an additional insured per the attached. Separation of Insured Clause applies per CG0001 1001 l Cr%I Ir"'M 1 C r1ULUCr% L ANN r_I_LA I IUN City of Bremerton 3027 Olympus Drive Bremerton WA 98310 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 '�4 z 7,4 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD OVA M COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 —COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section It. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — COV- ERED AUTOS LIABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT—INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any."auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured', of SECTION 11— COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 B 2015 The Travelers Indemnity Compa ny. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION If — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I — COVERED AUTOS: 1. 'Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT —INCREASED LIMIT Paragraph C.1.b. of SECTION 111 — PHYSICAL DAMAGE COVERAGE is deleted. 1. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 © 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total 'loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident' or 'loss", pro- vided that the "accident' or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 0215 © 2015 The Travelers Indemnity Compa ny, All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED 1'/ (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the 'Written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property amage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 m 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT a. "Bodily injury" or "property damage" caused by an TO RECOVER FROM OTHERS., of SECTION IV — "occurrence" that takes place; or CONDITIONS.: b. "Personal injury" or "advertising injury" caused by If the insured has agreed in a contract or agreement an "offense" that is committed; to waive that insured's right of recovery against any subsequent to the execution of the contract or agree - person or organization, we waive our right of recovery against such person or organization, but only for ment. payments we make because of: UM 04 88 07 08 m 2008 The Travelers Companies, Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Client#: 1487397 KPGINC2 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)2/09/2018 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(les) 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Kibble & Prentice PR 601 Union Street, Suite 1000 Seattle, WA 98101 CONTACT NAME: PHONE 206 441-6300 FAX 610-362-8528 Ext): A/C, No E-MAIL,o ADDRESS: PL.CertRequest@usi.com INSURER(S) AFFORDING COVERAG NAIC # INSURER A : Ohl. Security Insurance Company y. 24082 INSURED KPG, P.S. and KPG, Inc 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 INSURER B : Ohio Casualty Insurance Company ��� 24074 INSURER C :Berkley Insurance Company 32603 INSURER D: CLAIMS -MADE a OCCUR 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 CONTRACTOR 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 INSR SUBR WVD POLICY NUMBER POLICY EFF MWDD POLICY EXP MM/DDYYY /Y LIMITS A X COMMERCIAL GENERAL LIABILITY BZS1958424084 1/01/2018 01/0112019 EACH OCCURRENCE $1,000,0 O ' CLAIMS -MADE a OCCUR PREMISES (EMO RENTED occu ante) $1,000,00b MED EXP (Any one person) $15,000 PERSONAL BADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: JLOC IIE GENERAL AGGREGATE $2,000,000 DUCTS $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY BAS1958424084 1/01/2018 01/01/201 COMBINEDSINGLELIMIT Ea accident 1,000, 0 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED ONLY X NON -OWNED AUTOS ONLY PROPERTY DAMAGE $ Per accident B X UMBRELLA LIAB X OCCUR US01958424084 1/01/2018 01101/2019 EACH OCCURRENCE $5,000,990,1- 5 000 O 0,1EXCESS AGGREGATE s5,000,006' EXCESSLIAB CLAIMS -MADE DED I X RETENTION $10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYI ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? � N / A BZS1958424084 (WA Stop Gap) 1/01/2018 0110112019 X OTH- IIPIEARTITE ER E.L. EACH ACCIDENT $1 000, 0,-, E.L. DISEASE - EA EMPLOYEEI $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1$1,000,000 C Professional AEC901872400 1/01/2018 01/01/201 $3,000,000 per cl im Liability $5,000,000 annl ag� DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Project #17108, 42111 HSIP Phase 11, Puget Sound Naval Gate Safety. The General Liability policy include an automatic Additional Insured endorsement that provides Additional' Insured status to the Certificate Holder, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Umbrella - Liability policies contain a special endorsement with Primary and Noncontributory wording, when required by (See Attached Descriptions) City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98377 ACORD 25 (2016/03) 1 of 2 #S22471326/M22355140 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 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SYVZP DESCRIPTIONS (Continued from Page 1) written contract. The Automobile Liability policy contains a special endorsement with Primary wording, when required by written contract. The General Liability, Automobile Liability and Umbrella Liability policies policy includes a Waiver of Subrogation endorsement in favor of the Certificate Holder as referenced above. SAGITTA 25.3 (2016/03) 2 of 2 #S22471326/M22355140 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: s 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.1.1. 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 r 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. Blanket Additional Insured (Owners, Contractors Or Lessors) 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 over 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 DA. 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 CA. 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; N 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 s the injury or damage; or a (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: BZS58424084 BUSINESSOWNERS BP 14 88 0713 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph H. Other Insurance of Section III — Common Policy Conditions and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. BP 14 88 0713 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: BZS58424084 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 i This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE* Name Of Person Or Organization: As required by written contract 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 97 011 06 ®ISO Properties, Inc., 2004 Page 1 of 1 Policy Number. BZS58424084 COMMERCIAL. AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. t!� COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR -WAIVER OF DEDUCTIBLE 15 fi HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) B HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTSCOVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 19 SECTION 11- LIABILITY COVERAGE is amended as follows 1. BROAD FORM INSURED 3 SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an Insured: d. Any legally Incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured' does not include any organization that (1) Is a partnership or Joint venture, or (2) Is an insured under any other automobile policy. or (3) Has exhausted its Limit of insurance under any other automobile policy. Paragraph d. (2) of this provision does not appy to a policy written to apply specifically in excess or this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not appy: (1) If there is similar insurance or a self-insured retention plan available to that organization; 02010 Liberty Mutual Insurance Company. A4 rights reserved. CA 88 10 01 10 Inckides copyrighted material of Insurance Services Office Inc., with its Permission. Page 1 of 7 A (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or farmed the organization, 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured L Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement Is excess over any other Insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION It - LIABILITY COVERAGE, paragraph AA. - WHO IS AN INSURED is amended to include the following as an insured h. Any person or organization with respect to the operation, ma ntenance or use of a covered "auto", provided that you and such person or organization have agreed to a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an insured". However, such person or organization Is an Insured": (1) Only with respect to the operation maintenance or use of a covered "auto", (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been Issued to you; and (3) Only for the duration of that contract; agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION 11 - LIABILITY COVERAGE, Coverage Extensons, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,00 for cost of bail bonds (includ;ng bonds for related traffic violations ) required because of an "accident- we cover We do not have to fumish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. S. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similw protection, the following provision is added: SECTION II - LIABILITY, exclusion B.S. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or ®2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of tnsurmice Services Office Inc. with its Permission Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible. A. The most we vwll pay for "loss" in any one "accident" or "loss" is the smallest of (1) $50,000; or (2) The actual cash value of tlhe damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of 1� like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that Coverage. ® C. Subject to the limit deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the i� hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. - E Tlas coverage extension does not apply to: t� (1) Any "auto" that is hired, rented or borrowed with a driver, or • (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V- DEFINITIONS Is amended by adding the following: "Total loss" means a'loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION tit - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, Is amended by the addition of the following: We will pay towing and labor costs incurred up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled a. For private passenger type vehicles, we wiq pay up to $50 per disablement. b. For 'fight trucks", we wM pay up to S50 per disablement "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "mad:um trudW , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of d.sablement. ., 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a-, Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, Is amend- ed to provide a limit of $50 per day and a maximum limit of 51,500 02010 Liberty Mutual Insurance Company. All rob reserved. CA 88 10 0110 Includes copyrighted material of Insurance Services Office Inc, with Its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accidertr or "loss', to an "auto" for wh ch we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collison Coverages. We will pay only for those expenses Incurred after the first 24 hours following the "accident' or 'loss" to the covered "auto:' b. Rental Reimbursement will be based an the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be slowed for the period of time It should take to repair or replace the vehicle wth reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessty that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we wil' pay under this coverage only that amount of your rental reimbursement expenses which Is not already provided under Paragraph 4. Coverage Extension. f. No deductib'e applies to this coverage, For the purposes of this endorsement provision, materials and equipment do not Include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is 51,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we vnfl pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto:' The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following For the purposes of this provision, "personal effects" mean tangible property that Is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not appy to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following ft 10 Lberty Mutual Insurance Company. All rights reserved CA BO 10 0110 Indudes copyrighted material of insurance Sere m Office Inc, with its Permission, Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, If the equipment Is permanently Installed In the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, In or upon the covered "auto" and physical damage coverages are provided for the covered "auto", or If the loss" occurs solely to audio, visual or data electronic equ pment or accessories used with this equipment, then our obligation to pay for, repair. return or replace damaged or stolen property S will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we wti pay for a `total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the dale of the 'loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover valances from previous loans or leases, e. Final payment due under a "Baloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the 'total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. Al: refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", 1. Any amount representing taxes, J. Loan or lease termination fees, or 2. The actual cash value of the damage or stolen property as of the time of the 'loss". An adjustment for depreciation and physical condition will be made In determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for winch the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that Incurred the loss. C. SECTION V- DEFINTIONS is changed by adding the following As used in this endorsement provision, the following definitions apply: "Total loss" means a "toss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" Is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 0201OLk" Mutual Insurance Company. AN rights reserved. CA 88 10 0110 Includes copyrighted material of Insurance Servims office Inc, with its Permission. Page 5 of 7 J 15. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light we ght truck with a gross vehicle weight of 10.000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto' is designed to carry while it is a. In the charge of an "Insured'; b. Legally parked, and c. Unoccupied The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown In the Declarations. This provision does not apply to any "toss" if the covered "auto" is in the charge of any person or organization engaged In the automobile business. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by add -mg the following If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the Inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this pokey will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery,. and we have the right to collect additional premium for any such hazard or exposure. i8. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following a. In the event of "accident", claim, "suit" or loss", you must promptly notify us when it is (mown to: 1. You if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company, 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporat'on. To the extent possible, notice to us should include (1) How, when and where the "accident' or'losV took place; (2) The "insureds" name and address; and (3) The names and addresses of any Injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph AS., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. ®2010 Liberty Mutual Insurance Company, Ali rights reserved, CA 88 10 01 10 Includes copyrighted materiel of Insurance Services Office Inc with its Permission, Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph 8.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS Is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V- DEFINTIONS, definition C, is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including menta' anguish, mental k*q, shock, fright or death resulting from any of these at any I me. COMMMON POLICY CONDITIONS l� 22. EXTENDED CANCELLATION CONDITION " COMMON POLICY CONDITIONS, paragraph A- - CANCELLATION condition applies except as fol- lows. If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior nonce of cancella- tion. r J *M10 Liberty Mutual Insurance company. A l rights reserved. CA 88 10 01 10 incudes copyrighted material of Insurance Services Olfim Inc, with its Permission. Page 7 of 7 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/1/2017 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(les) 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 Hall & Company 19660 10th Ave NE Poulsbo WA 98370 CONTANAME: CT Allison Andrus 360-626-2007 F"X 360-598-3703 E-MAIL . aandrus@hallandcompany.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:The Travelers Indemnity Company of k 25682 6801,1556820 INSURED 282 INSURER B:Lexin ton Insurance Company 1 437 KPG Inc 3131 Elliott Avenue Suite 400 Seattle WA 98121 INSURERC:The Travelers Indemnity CorrvpjnyV 1,\ §5658 INSURER D :The Phoenix Insurance Co 25623 INSURER E INSURER F ( nVFROr;FS rFRTIFIrATF NI IMRFR• 139785728 RFVICI0N NI IMRFR- 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 INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 6801,1556820 6/1/2017 6/1/1018 EACH OCCURRENCE $1,000, 0 CLAIMS -MADE 1 OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300,000 X XCU/OCP/BFPD MED EXP (Any one person) $5,000 X Cross Liability PERSONAL& ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY � JE� LOC PRODUCTS- COMP/OP AGG $2,000,000 $ OTHER: D AUTOMOBILE LIABILITY BA4011N714 6/1/2017 6/1/2018 Ea accident $1,000, 00'x- BODILY INJURY (Per person) $ X1AUTOS ANY AUTO AOWNUTOS AUTOSULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED PROPERTY DAMAGE $ Per accident C X UMBRELLALIAB HCLAIMS-MADE OCCUR CUP3779TO32 6/1/2017 6/1/2018 EACH OCCURRENCE $1,000, 0 ;% AGGREGATE $1,000,000 EXCESS LIAB DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 6801,1556820 6/1/2017 6/1/2018 PER OTH- STATUTE X ER WA Stop Gap E.L. EACH ACCIDENT $1,000, ANY PROPRIETOR/PARTNER/EXECUTIVEEl OFFICER/MEMBER EXCLUDED? N/A E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B Professional Liab Claims Made 028174929 6/1/2017 6/1/2018 $1,000,000 Per Claim-„% $1,000,000 Agg-91Q DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) HSIP Phase 2 Bremerton PN 17108 The certificate holder is an additional insured per the attached. ; Separation of Insured Clause applies per CG0001 1001 CERTIFICATE HOLDER CANCELLATION ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3027 Olympus Drive ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton WA 98310 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 —COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — COV- ERED AUTOS LIABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT 1. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION 11— COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I — COVERED AUTOS: 1. 'Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION Ili — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT —INCREASED LIMIT Paragraph CA.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. 1. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured'; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 © 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident' or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization: or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided t9 the additional insured under this Coverage Part . bust apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: f. This insurance does not apply to the„ (1) The "bodily injuryor 'property damage” for rendering of or failure to render any which coverage is sought occurs; and "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. (2) The "personal injury" for which coverage is sought arises out of an offense committed: after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for 'bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the 'bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the 'bodily injury" and 'property damage" occurs and the 'personal injury" is caused by an offense committed: a. After you have signed that written contract: b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 ® 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT a. "Bodily injury" or "property damage" caused by an TO RECOVER FROM OTHERS., of SECTION IV — "occurrence" that takes place; or CONDITIONS.: b. "Personal injury" or "advertising injury" caused by If the insured has agreed in a contract or agreement an "offense" that is committed; to waive that insured's right of recovery against any subsequent to the execution of the contract or agree - person or organization, we waive our right of recovery against such person or organization, but only for ment. payments we make because of: UM 04 88 07 08 ® 2008 The Travelers Companies, Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. SUBJECT: Contract Modification Agreement No. 2 with KPG, P.S. for Highway Safety Improvement Phase II Project AGENDA BILL CITY OF BREMERTON �� CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: April 25, 2018 May 2, 2018 PWBU Tom Knuckey (360) 473-2376 SUMMARY: In July 2017, the City entered into an agreement with KPG, P.S. for construction engineering professional services for the Highway Safety Improvement Project, Phase 2. The original contract total was $25,000 with a completion date of January 12, 2018. One contract modification agreement was executed to revise the scope of work to extend the term of the contract to July 1, 2018. City Staff recommends approval of Contract Modification #2, in the amount of $16,077.00, to add right of way and construction inspection services to the contract. Right of way services is required to acquire a temporary construction easement for the construction of a driveway connection to Bucky's Complete Auto Care, located on the NW corner of the 6th Street and Callow Avenue intersection. If approved, the new contract amount is $41,077.00 and the contract term is extended to December 31, 2018. ATTACHMENTS: 1. Contract Modification No. 2 with KPG, P.S. FISCAL IMPACTS (Include Budgeted Amount): This addition is within the budget of the Highway Safety Improvements Phase 2 project. STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification Agreement No. 2 with KPG for the Highway Safety Improvements, Phase II Project in the amount of $16,077.00; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [7f Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action CONTRACT MODIFICATION AGREEMENT NO.2 BETWEEN THE CITY OF BREMERTON AND KPG, P.S. PROJECT Highway Safety Improvements Phase 2 - 42112 and Puget Sound Naval Safety Project - 315002 CONSULTANT KPG, P.S. DATE: April 13, 2018 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and KPG, P.S. on _JuIy 11, 2017 All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: Right -of -Way Procedures to procure a Temporary Construction Easement are required. A new section is added for Right -of -Way. See attached Scope. Section I1. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by December 31, 2018. Section Ill. Compensation , is modified as follows: Original contract was for $25,000.00. Due to a right-of-way conflict identified in construction and construction issues an additional $16,077.00 is needed to complete the contract. The new contract total will be $41,077.00. Il. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. CONTRACT MODIFICATION Project Number:421 1 1 /3 1 5002 The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer approved to proce y [nitial�and Date CON 'ULTANT. By Nathan Mozer Its Principal DATE: i l� APPROVED AS TO FORM: Bremerton City Attorney NOTICES TO BE SENT TO: KPG, P.S. 2502 Jefferson Ave. Tacoma, WA 98402 R:\LEGAL\Contracts\FORMS\Contract Modification (2003).doc CONTRACT MODIFICATION Project Number:421 1 1/3 15002 T E CITY OF BREMERTON w By Gre heeler Its Mayor DATE: ATTEST: City Clerk NOTICES TO BE SENT TO: City of Bremerton Attn.: City Clerk 3456 1h Street STE 600 Bremerton, WA 98337 City of Bremerton Highway Safety Improvements, Phase 2 and Puget Sound Naval Gate Safety Project On -Call Construction Support Amendment 2 Scope of Work April 18, 2018 PROJECT UNDERSTANDING The purpose of this Amendment 2 is to assist the City is acquisition of a temporary construction easement at 605 N Callow Ave (Parcel Number 3734-011-016-0006). All of the tasks and assumptions stated in the original scope of work still apply. ASSUMPTIONS The following assumptions were made when developing this Scope of Work: • Title report will be provided by the CITY. SCOPE OF WORK TASK 1.0 - ENGINEERING SUPPORT DURING CONSTRUCTION No Changes TASK 2.0 - ON-CALL CONSTRUCTION INSPECTION This task is supplemented with the following additional effort: 2.1 No Changes 2.2 Provide up to four (4) working days of construction inspection (assumed 10 hours per day). Inspector will observe the Contractor's daily activities and prepare an Inspector's Daily Report (IDR) for each day on site. IDR will be accompanied with relevant photographs of the Work. All questions posed by the Contractor will be routed to the CITY for response. TASK 3.0 - RIGHT OF WAY PLANS The following is a list of anticipated work items to be included within this task: 3.1 Review CITY provided Title Report. 3.2 Calculations for ROW lines and property lines. Review title report and adjust the existing right of way lines and property lines as needed. 3.3 Prepare Right-of-way plans to WSDOT standards. One sheet is anticipated for the intersection of 611 Street & Callow Avenue. 3.4 Prepare legal description and exhibit map for one (1) parcel requiring TCE's. 3.5 The CONSULTANT shall field locate and stake existing right of way line and proposed easement line within the subject parcel. 3.6 Provide coordination with the Right of Way acquisition agent including review of documentation prior to submission to the CITY. Please see attached proposal from RES Group NW. HSIP Phase 2 and Puget Sound Page 1 of 1 KPG#17108 Naval Gate Safety Project On -Call Construction Support — Amendment 2 HOUR AND FEE ESTIMATE Project: City of Bremerton HSIP Phase 2 and Puget Sound Naval Gate Safety Project On -Call Construction Support Amendment 2 April 16, 2018 KPGr Interdicctplinory Design 2.1 CM-Catl Cnnstructbn Inspectionp f 22 Amendment 2 On -Call Construction InspecGat 2 2 40 0 0 2 46 $ 5,132.05 3.1 3.2 31 3.4 3.5 3.6 -Helmour6aDle iHeview title report 'Calculate ROW and property lines Prepare "plans :Prepare TCE legal description aril eshibit for s. to l parcel 'Stake TCE (Coordination wim HOW Suo Consultant Ez enses HES Grou NW 0 D 4 2 0 6 0 0 0 0 0 0 0 0 0 0 0 0 2 2 2 2 4 0 0 0 8 4 2 0 0 0 0 2 0 2 2 2 14 10 6 10 S $ S f f S f 260.14 260.14 t,60121 1.093.15 735.07 1,126.27 5,596.48 Amendment 2 Task Totals 14 0 0 12 14 4 44 f 1 672.46 Amendment 2 Total Hours and Total Estimated Feel to 2 40 12 14 6 g0 7$ 16.077.00 miumum otm New Maximum Amount HSIP Phase 2 and Puget Sound Naval Gate Safety Project On -Cali Construction Support Amendment 2 1 of 1 KPG $17108 Hour and Fee Estimate April 2018 400 Group Northwest Acquisition and Relocation Services April 6, 2018 SCOPE OF WORK AND COST ESTIMATE: KPG P.S., City of Bremerton, Highway Safety Improvement, phase 2 PROJECT OVERVIEW AND SCOPE OF WORK KPG P.S., is the (PRIME) consultant with RES GROUP NW (RESGNW) serving as a sub -consultant on the project for City of Bremerton. The City of Bremerton, Highway Safety Improvement, phase 2 will install signing, payment marking, accessible pedestrian signals, lighting, and ADA ramps at various location. The Project will require a TCE from a single commercial property for reconstructing a portion of their driveway access. It is not anticipated that the acquisition will impact current utilization of the property. The project is currently funded with FHWA HSIP fund. To ensure the City's ability to use this fund for this project, all acquisition activities will follow Federal Highways Administration policies and procedures as well as all applicable federal, state and local laws, including, but not limited to the Uniform Relocation Assistance and Real Property Acquisition Police Act of 1970 and its amendments, 49CFR Part 24, and state Revised Guidelines and by reference the WSDOT Right of Way Manual. Preliminary Right -of -Way Services ADMINISTRATIVE OFFER SUMMARY (AOS) Per email from Dianna Nausley on 3/27/2018 Because there is a need to acquire sufficient property rights to perform the repair to the driveway, WSDOT will authorize a one-time deviation of the City's Waiver of Appraisal Procedure (LPA -003) to eliminate the requirement of the City to prepare a PFE with the following conditions: • A qualified ROW consultant has confirmed through inspection, that the acquisition is low value and uncomplicated as defined in the ROW Manual; • A qualified ROW consultant with knowledge of appraisal principles and the current local real estate market may prepare the AOS using recent sales and listing data from comparable properties in the market area, which shall be inspected and confirmed; • Use approved LPA AOS forms (LPA -207, LPA -210 & LPA -210b); and • Avoid a conflict of interest if AOS value is over $10,000. TITLE REVIEW CLEARING AND CLOSING RESGNW will verify vesting and ownership for the purpose to identifying the signers for the TCE. Temporary rights only. Acquisition Services RIGHT-OF-WAY DOCUMENTATION NEGOTIATIONS AND CLOSING RESGNW will assist the City in developing all right-of-way documents/offer letters in accordance with the City's right-of-way procedures manual for acquisition of impacted properties. RESGNW will draft the acquisition documents using City approved forms or QC any forms that are created directly by City staff for pre-acquisition review by the WSDOT LPA coordinator, only if necessary, before any offers are made to property owners. 1913 61" Street, Kirkland. WA 98033 - 624 S Lander Street #202, Seattle, WA 98134 0 ph. 206-457-5681 0 www.resgnw.coni 400 Group Northwest Acquisition and Relocation Services RESGNW agents will act in good faith at all times and never coerce owners in an attempt to settle the parcels. All negotiations will start with an in-person presentation of all offers when feasible. We will identify property owner issues, concerns and differences early on and document that information in the individual parcel negotiation diaries. RESGNW will work with City staff throughout the negotiation process with the property owner until settlement is reached on each parcel. RIGHT-OF-WAY CERTIFICATION RESGNW will assemble the project's final parcel files and draft the supporting certification memo and property interest's summary. RESGNW will maintain constant contact with the local WSDOT LPA coordinator throughout the project, follow the WSDOT LAG manual and Uniform Act guidelines, and use the prescribed right-of-way documents with as little deviation as possible. Cost Estimate Payment to RESGNW for its professional services is not dependent upon outcome, the amount or terms of any agreement reached for the property, or on any contractual arrangement between the City and any third party. Prime agrees to compensate RESGNW for actual professional services rendered as follows: Our fees for services are calculated based upon the applicable hourly rates for those professional who perform the work -at -hand. The billing rate is $114.51 per hour for all tasks performed under this agreement. In addition, necessary travel time and mileage will be billed at the current year's IRS standard mileage reimbursement rate. MARKET RESEARCH AND AOS SUMARY Senior Acquisition Agent 6 hours @ $114.51 per hour = $687.06 NEGOTIATIONS, PROJECT MANAGEMENT, & CERTIFICATION Senior Acquisition Agents: R/W TCE 40 hours per parcel TITLE REVIEW AND CLEARANCE / CLOSING Senior Acquisition Agents: 2 hours per parcel (Temporary rights only agent to verify ownership) ODC: Estimated Mileage Reimbursement TOTAL ESTIMATED COST: KPG P.S. @ $114.51 per hour = $ 4,580.40 @ $114.51 per hour = $ 229.02 RES GROUP NW 1913 61" Street, Kirkland, WA 98033 624 S Lander Street #202, Seattle, WA 98134 - ■ pn. 206 457 5681 0 www.resgnw.com $ 100.00 $5,596.48 AML Washington State Department of Transportation September 6, 2017 RES Group NW, LLC 624 S. Lander Street, #202 Seattle. WA 98134 Transportation Building 310 Maple Park Avenue S. E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY 1-800-833-6388 www.wsdot.wa.gov Subject: Acceptance FYE 2016 ICR — Audit Office Review Dear Ms. Sonja Davis: Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2016 Indirect Cost Rate (ICR) of 5321%. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultanthates uxvsdot.wa.t. Regards; ERIK K. JONSON Manager, Consultant Services Office FKJ:kms Accepttuice ICR Audit Office AevimN From: Fletcher, Dawn To: Andrea Archer -Parsons Cc: Aaron Knight (aarontia i.coml; Sonia Davis Subject: FW: Bremerton Highway Safety Improvements Phase 2 — OOOS(433) Date: Tuesday, March 27, 2018 4:41:23 PM Hi Andrea, As we discussec oe ow is your approval. Please keeo it with the City's procedures and 'r make sure it is documented in the acouisitior file. Let me krow if yoG nave any questions along the way. Thanks DaW.x 7fete44 President Elect, IRWA Chapter Local Programs Right of Way Specialist Physical: 310 Maple Park Avenue SE, Olympia, WA 98501 Mail: PO Box 47390, Olympia, WA 98504-7390 Phone: (360) 705-7325 FAX: (360) 705-6822 flQ1cdm@wsdot - wii.Rov .dff& Washington State VAf Department of Transportation From: Nausley, Dianna Sent: Tuesday, March 27, 2018 4:39 PM To: Fletcher, Dawn <FletcDm@wsdot.wa.gov> Subject: Bremerton Highway Safety Improvements Phase 2 — OOOS(433) Good afternoon Dawn, Per our conversation, the City of Bremerton's current approved ROW procedures require the use of data from a project -funding estimate (PEE) for the preparation of a waiver valuation (AOS). The acquisition of a temporary construction easement was not initially identified for the repair of a driveway resulting from the agency's Highway Safety Improvements Project — Phase 2 but was discovered during construction of the project. Since there is a need to acquire sufficient property rights to perform the repair to the driveway, WSDOT will authorize a one-time deviation of the City's Waiver of Appraisal Procedure (LPA -003) to eliminate the requirement of the City to prepare a PEE with the following conditions: • A qualified ROW consultant has confirmed through inspection, that the acquisition is low value and uncomplicated as defined in the ROW Manual; • A qualified ROW consultant with knowledge of appraisal principles and the current local real estate market may prepare the AOS using recent sales and listing data from comparable properties in the market area, which shall be inspected and confirmed; Use approved LPA AOS forms (LPA -207, LPA -210 & LPA -210b); and Avoid a conflict of interest if AOS value is over $10,000. The remainder of the City's ROW procedures approved December 19, 2017 remain in effect, including review of acquisition documents before they are presented to the property owner. Thanks and please let me know if you need anything else. Dianna Nausley, SR/WA, R/W-RAC Local Programs ROW Manager WSDOT, HQ Local Programs Office PO Box 47390, Olympia, WA 98504-7390 Phone: (360) 705-7329 FAX: (360) 705-6822 nausledra)wsdot_wa.eov Washington State % MDepartment of Transportation