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HomeMy WebLinkAbout5762AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with IMS Infrastructure Management Services, LLC%for Pavement Management Program and Sidewalk and Condition Assessment 7D Study Session Date: November 8, 2017 COUNCIL MEETING Date: November 15, 2017 Department: Public Works & Utilities Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: Staff advertised a Request for Statement of Qualifications to assess the condition of the City's roadways and sidewalks in support of the City's Pavement Management Program. Data collected from these assessments will be used to inform and assist in the prioritization of improvements for both the City's ADA Transition Plan, along with maintenance, preservation and capital improvements for residential, collector and arterial streets. This data is necessary to quantify necessary work along with maintaining the City's eligibility for preservations grants going forward. As identified in Exhibit A, the work will be authorized in phases, with 2017 authorization for the sidewalk assessment (maximum expenditure of $60,000), and the pavement assessment (balance contract) authorized in 2018. ATTACHMENTS: 1) Professional Services Agreement 2) Exhibit A, B and C FISCAL IMPACTS (Include Budgeted Amount): The work will be autho'r'ized in phases. The " Sidewalk Assessment.will be authorized in 2017 at $60,000, and the. Pavement -Assessment wilLbe- authorized in 2018. This work is included in the 2017 budget, and the proposed 2018 budget: TUDY SESSION AGENDA: © No Presentation ❑ Full Presentation TUDY SESSION ACTION: ❑ Consent Agenda ® General Business ❑ Public Hearing ECOMMENDED MOTION: /e to approve the Professional Services Agreement with IMS Infrastructure Management Services to exceed $120,995.00 for the Pavement Management Program and Sidewalk Condition ;essment; and authorize the Mayor to finalize and execute the agreement with substantially the ie terms and conditions as presented. NCIL ACTION: [Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action -PROFESSIONAL SERVICES AGREEMENT Pavement Management Program and Sidewalk Condition Assessment - Tle City of Bremerton ("City") and IMS Infrastructure Management Services, LLC ("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 October 27, 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. The parties agree that the work described in, Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; .provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. M. Compensation: In consideration of the services provided pursuant to. this Agreement, the City shall pay Consultant in an amount not to exceed $120,995.00. 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 a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. ! Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment_ Rev 02-16 Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functionsnand 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 thi's Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The.. City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services- Defined in RCW 4.24 115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY' UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 5.1 RCW, SOLELY FOR THE Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment_ Rev 02-16 Page 2 of 7 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 Tess 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 onsultant: 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. 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 Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment_ Rev 02-16 Page 3 of 7 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; a ttn:.Risk.Management, 345 6"' 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 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 Tempe, Arizona. 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. Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment_. Rev 02-16 Page 4 of 7 C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property; or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its .offices in Tempe, Arizona. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at'' locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent -to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing, City Address Consultant Address 345 6th Street, Suite 600 18,20 W. Drake Drive, Suite 104 Bremerton, WA 98337 Tempe, AZ 85283 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 Cityto 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/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment_ Rev 02-16 Page 5 of 7 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 causingsuch 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 (I0)'calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment- Rev 02-16 Page 6 of 7 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 steal' provide immediate written notice to the City if at any time i learns; that it is or has'l ecome 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 BREMERTON CONSULTANT Approved- as to form: A st: Bremerton C' A m-ne' §iCleik R:U,egalkLegal\Contracts\FORMS\Professional services Agreement Form (2016).doc i Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment_ Rev 02-16 Page 7 of 7 l U®t r•, Q t■on for Professional S IMS Infrastructure Management Services 1820 W. Drake Dr. Ste. 104. Tempe, AZ 85283 Phone: (480) 839-4347 Fax: (480) 839-4348 www.ims-rst.com To: John Butler, P.E., Civil Engineer Date: October 27, 2017 From: Jim Tourek, Manager of Client Services Project: Bremerton, WA Subject: 2018 Pavement. & Sidewalk Data Collection Project No: TBD Exhibit A - Scope of Work Thank you for selecting IMS for your network wide pavement and sidewalk data collection assignment. IMS is proposing to utilize our Sidewalk Surface Tester (SST) survey for city sidewalks to- include State Highways. In addition to the acquisition of sidewalk condition data, IMS will perform a Laser Road Surface Tester for the acquisition of pavement condition data. The RST will traverse approximately 190 miles of roadway as the arterials & collectors will be driven in two directions and all of the locals in one (no State Highways). We will include a comprehensive pavement analysis and assemble the results of the survey in a bound final report complete with maps. The sidewalk results will be delivered in a database suitable for GIS loading. IMS understands the City may authorize field work for the sidewalk survey separately from the remaining scope of work, Tasks 1, 3, 3a, 3b plus $4,500 of P.M. for a total of $59,850. Exhibit B - Schedule of Work IMS Proposed Schedule: Project Initiation Project Award, P.O. & I NOMAD Prep of Sidew Network ReferencuVSM Project Kick Field Surveys SST Mobilization & Calibra Sidewalk Field Data Collec RST Mobilization & Calibre Pavemert Field Data Collect Data Management Data QA/QC, Processing, & Farr Cliert Update/Revi Data Format & Load Draft/Finai Pavement Analysis 8 Rep IMS Infrastructure Management Services IMS Scoping Reel Quote - Bremerton (2017-18 page I i I � I Quotation for I Professional Services I Exhibit C - Fee Schedule 4 t„ s� z IMS Infrastructure Management Services 1820 W. Drake Dr, Ste.104. Tempe, AZ 85283 Phone: (480) 8394347 Fax: (480) 839-4348 www.ims-rst.com I Bremerton, WA: 2017-18 Base Scope of Services Collection of Digital Images @ 25' Intervals(PeriView; Centerfrontshown) Task Activity I ON 14 Dynaflect Mobilization 190 T -Mi Quant Units Unit Rate Total a. Deflection Testing: 2 -pass Arterials &Collectors only Project Initiation LS 5 $160.00 $2,500.00 1 Project Initiation & Kickoff Meeting � LS $160.00 2 Streets Network Referencing & GIS Linkage (No state Routes ) 190 $3;000.00 T $3,000.00 $116.00 � -Mi $20.00 $3,800.00 T -Mi Field Surveys $3,800.00 b. Pavement Striping/Marking Database Development 3 Sidewalk -Surface Tester (SST) Mobilizationfor Sidewalks & Ramps Presence t $19,000.00 c. Curb & Gutter Databa:.e Development i a. SST Network Sidewalk Survey w/Ramp Presence & NOMAD (wistate Routes_) 210 LS $3,000.00. T $3,000.00 16 b. Collection of Sidewalk Digital Images @ 10-15' Intervals (Perview) 210 -Mi $215.00 T $45,150.00 4 RST Mobilization/Calibration GPR Testing &Analysis: 2 -pass Arterials & Collectors only -Mi $20.00 $4,200.00 5 RST Field Data Collection (2 -pass test Arterials & Collectors; no State Rte.) 1 190 LS $3,000.00 T $3,000.00 T -Mi $580.00 $54,520.00 -Mi $105.00 $19,950.00 1 Data Management $7,000.00 $7,000.00 20 6 7 Data QA/QC, Processing, & Formatting Data Format/ Supply Excel Spteadsheet, KMIi geodataba"se (no 190 T -Mi $25.00 $4,750.00 21 software) a• "Live" Spreadsheet Pavement Cost Benefit. Analysis 1 Included in Base P;ctivities $3,500.00 $3,500.00 b• Online "Live" Spreadsheet Training ) 8 ns" GIS Clean Up, Services Included in Base ActnAties T -Mi $194:00 C. Log Presence of Sidewalks/Curbs & ADA Ramps (Estinn iesj 23 Included in Base Activities Included in Base Activities 24 8 Sidewalk & ADA Ramps Databases Development 210 T -Mi Additional Onsite Meetings 1 9 Easy Street Analysis, Budget Development & Report $150:00 $65.00 $13,650.00 10 Project Management 1 LS $7,500.00 $7,500.00 11 "Live"Spreadsheet - Annual Maintenance Fee1 LS $7,995.00 $7,995.00 12 Directed Services, at City's Discretion with City Authorization 1 LS moo $0.00 $12.00 $2,280.00 1 LS $5,000.00 $5,000.00 have included optional services available from IMS on the following page. Thank you for considering IMS as a viable solution to your pavement management needs and we will strive to become an asset and extension of Bremerton's staff and team. Optional Services 13 Collection of Digital Images @ 25' Intervals(PeriView; Centerfrontshown) urn nate I ON 14 Dynaflect Mobilization 190 T -Mi $16.00 $3,040.00 a. Deflection Testing: 2 -pass Arterials &Collectors only 1 LS 5 $160.00 $2,500.00 b. Traffic Con troliDeflection Testing (cityto IMS Est. 48 94: T -Mi $160.00 $15,040.00 15 provnUe; Hra.) ):?OWAsse1w HD Video Collection & Calibration (s -views) 48 HR $116.00 $5,568.00 a. Sign & Support Database Development 190 T -Mi $20.00 $3,800.00 b. Pavement Striping/Marking Database Development 190 T -Mi $100.00 $19,000.00 c. Curb & Gutter Databa:.e Development i .190 T -Mi $60.00 $11,400.OD 16 Collection of GPS, Crossfall, Radius of Curvature, & Grade 190 T -Mi $50.00 $9,500.00 17 GPR Testing &Analysis: 2 -pass Arterials & Collectors only 190 94 T -Mi $15:00 $2,850.40 18 IMSvue Browser Based Viewing Software:City hosted T -Mi $580.00 $54,520.00 19 Principles of Pavement Management Training tonSi o) 1 LS $7,000.00 $7,000.00 20 Final Council Presentation I 1 DA $4,000.00 $4,000.00 21 Nighttime Retro -reflectivity- AD Signs 9 (Must sele�t12a12a "39kSn 1 LS $3,500.00 $3,500.00 22 ) 8 ns" GIS Clean Up, Services 190 i, T -Mi $194:00 $36,860.00 23 Additional or Specialty Maps for Reporting (beyond typical 2 sets of 7) 24 HR EA $175:00 $4,200.00 24 Additional Onsite Meetings 1 1 $150:00 $150.00 25 Additional Hard Copies of the Report (Requested l7 included)1 1 EA $3,500.00 $3,500.00EA 26 Functional Class Review $175.00 $175.00 190 T -MI $12.00 $2,280.00 Jim Tourek West Region Client Services Manager IMS Infrastructure Management Services, LLC IMS Infrastructure Management Services ' IMS Scoping Rev] Quote - Bremertb a {2017-18) 1 page 2 IM¢IAIFR_ni CRARKFR I -• 1 ACOR®� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYYI10/27/2017 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate lholder in lieu of such endorsement(s). PRODUCER American 6765 West Ste 150 I Insurance & Investment Corp. Russell Rd NAMffT April M. Rachel PHONEFAX (AIC, No, Ext): (702 ) 877-1760 (AIC, No):(702) 877-0937 E-MAIL american-ins.com ADDRESS, p april.rachel@american-ins.com INSURERS AFFORDING COVERAGE NAIC # Las Vegas, NV 89118 INSURER A: Travelers Prop Cas Co of America I M 25674 DAMAGE TO RENTED 1,000,000 PREMISE Ea occurrence $ MED EXP An one person)$ 10'000 INSURED X BFPD/XCU INSURERB:Travelers Indemnity Companv 25658 INSURER C: Travelers Cas Ins Co of Americ 19046 IMS Infrastructure Management Services, LLC INSURER D: Travelers Cas & Sure Co Ame 31194 PERSONAL 8 ADV INJURY $ 1'000'000 1820 W Drake Dr., Ste. 104 INSURER E: Tempe, AZ 85283 I INSURER F: !1/11/COA'P_100 !1C0T101f%AT0 A11FRADCD• RG1/ICI()AI All IMRFR- THIS ISI 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 LT TYPE OF INSURANCE ADDL I D SUBR VJVD POLICY NUMBER POLICY EFF M D POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITYEACH CLAIMS -MADE X CCUR6809H179210 X X I 03/26/2017 03/26/2018 OCCURRENCE . $ 1'000'0 0 DAMAGE TO RENTED 1,000,000 PREMISE Ea occurrence $ MED EXP An one person)$ 10'000 X BFPD/XCU PERSONAL 8 ADV INJURY $ 1'000'000 X Contractual Liab. GEN' I AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2'000'00 OLICY � JECT [] LOC PRODUCTS - COMP/OPAGG $ 2'000'0 O $ OTHER: BAUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ BODILY INJURY Per person)$ X AI ANY AUTO BA8923L36A17GRP 03/26/2017 03/26/2018 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS OPER Y DAMAGE $ PROPERTY HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4'000'0 O AGGREGATE $ 4'000'000 EXCESS LIAB CLAIMS -MADE CUP8666Y370 03/26/2017 03/26/2018 DED I X I RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEWMEMBER EXCLUDED? ® (Mandatory in NH) If yes, Idescribe under DESCRIPTION OF OPERATIONS below N I A UB4419T313 - 04/19/2017 04/19/2018 X PER OTH- STATUTE 1,000,0 0 E.L. EACH ACCIDENT $ E.LDISEASE- EAEMPLOYE $ 1,000,000 1,000,000 E.L. DISEASE - POLICY LIMIT $ ' D Professional Liab. 106703766 03/25/2017 03/25/2018 Each Claim 2,000,0 0 D Claims Made/Rpt'd I 106703766 i I 03/25/2017 03/25/2018 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Professional Liability Retro: FULL PRIOR ACTS Workers Compensation Coverage Excludes: Alan Sadowsky City of Bremerton is named as an addition Insured with respects to the General Liability which is primaryan on contributory with a waiver ubrogation as per the contract. ncoTl rin ATC un1 nET i I AAIl1C1 I ATI(/Al 1 ' I � SHOULD ANY=OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 345 6th Street Suite 600 Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE ACORD' 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORDname and logo are registered marks of ACORD I 00, I LICY NUMBER: 6809x179210 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II — WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Bchy person or organization that you agree in a work" and included in the "products - "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured ori this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage" or "personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For „bodily injury', property damage" or is excess .over any valid and collectible other „ personal injury for which such person or insurance, whether primary, excess, contingent or organization has . assumed liability in a on any other basis, that is available to the additional insured for a loss we cover. However, if contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part must apply on a primary basis or a primary and e. This insurance does not apply on any basis to non-contributory basis, this insurance is primar any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs; and "professional services". (2) The "personal injury" for which coverage is g. In the event that the Limits of Insurance of the sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after ''you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. 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 Rights Of Recovery Against Others To Us, f SECTION IV — COMMERCIAL GENERAL j 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 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND INFRASTRUCTURE MANAGEMENT SERVICES, LLC PROJECT Pavement Management Program and Sidewalk Condition Assessment CONSULTANT IMS Infrastructure Management Services, LLC (IMS) DATE December 11, 2017 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PAVEMENT MANAGEMENT PROGRAM AND SIDEWALK CONDITION ASSESSMENT AGREEMENT (the "Contract") entered into between the City of Bremerton and IMS on November 15, 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: The attached Exhibit —A Scope of Work revises the project scope to include additional work necessary to locate individual distresses (cracking, heaving, etc) on the City's network of existing sidewalks. Section II. Term , is modified as follows: The attached Exhibit —B Schedule of Work revises the schedule for the work to be performed by the Consultant. The Consultant shall complete all work described in the Contract and this Contract Modification Agreement by December 31, 2018. Section III. Compensation , is modified as follows: The original contract amount was $120,995.00. This Contract Modification No. 1 amends the contract amount to $128,870.00. 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 CONTRACT MODIFICATION Project Number: 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 / Public Works Director approved to process (� Initials and Date CONSULTANT y v °M Its�����r DATE: APPROVED AS TO FORM: Bremerton City Ittorney NOTICES TO BE SENT TO: Jim Tourek Client Services Manager IMS Infrastructure Management Services, LLC 1820 W Drake Dr., Ste 104 Tempe, AZ 85283 480-839-4347 R:\LEGAL\Contracts\FORMS\Contract Modification (2003).doc CONTRACT MODIFICATION Project Number: THE CITY OF BREMERTON T By Pa L Its Mayor DATE: ATTEST: City Clerk NOTICES TO BE SENT TO: Tom Knuckey, PE City Engineer City of Bremerton Engineering Department 3027 Olympus Drive Bremerton WA, 98312 360-473-2376 Quotation for t IMS Tempe, AZ Professional s 1 Ph W infrastructurene:(480) 9 4347 FDrake Dr. Ste. � : (480) 839-43483 www.ims-rst.com To: John Butler, P.E., Civil Engineer Date: December 12, 2017 From: Jim Tourek, Manager of Client Services Project: Bremerton, WA Subject: Additional Sidewalk Data Collection Project No: TBD Exhibit A — Scope of Work Additional scope of work is proposed for the City of Bremerton's sidewalk data collection. The additional work consists of the geolocation of individual distresses (cracks, faults, heaves, etc.) in the City's existing sidewalk. Individual sidewalk distress will be evaluated and inventoried, as opposed to the block by block summary of sidewalk distresses included in the original proposal. Each inventoried sidewalk distress will be categorized and presented in GIS shapefiles, similar to the example provided below. p The City previously authorized the field work for the sidewalk survey separately from the remaining scope of work, Tasks 1, 3, 3a, 3b plus $4,500 of P.M. were previously authorized for a total of $59,850. Task 3a is revised to include the location of each distress in the existing sidewalk network for an additional $7,875. IMS Infrastructure Management Services IMS Budget -Scope -Schedule Bremerton (2018 Rev2) page 1 Quotation for �. Z. Professional s IMS 1 820 Drake Dr. Ste. 104, Tempe, AZ Infrastructure(480) Phone: 839-4347 Fax: (480) 839-43483 www.ims-rst.com Exhibit B —Schedule of Work The Schedule of Work is revised as shown below: Dec I ember Janua February March! April May Initiation Project Award, P.O. & NTP NOMAD Prep of Sidewalks Network Referencing/Streets Project Kick OffPON Field Surveys SST Mobilization & Calibration Sidewalk Field Data Collection RST Mobilization & Calibration Pavement Field Data Collection Data Management Data QA/QC, Processing, & Format Client Update/Remew i Data Format & Loading l I — — — — — — Draft/Final Pavement Analysis & Report IMS Infrastructure Management Services IMS Budget -Scope -Schedule Bremerton (2018 Rev2) page 2 quotation for (w IMS Ifrastructure Management Services Professional services 1PhoWnDrak Dr. te. 04, Temp 8 9-4348AZ 3 www.ims-rst.com Exhibit C — Fee Schedule Task 3a is revised to include the geolocation of individual distresses Bremerton, WA: 2017-18 Base Scope of Services Task Activity Quant Units Unit Rate Total Project Initiation ' 1 Project Initiation & Kickoff Meeting 1 LS $3,000.00 $3,000.00 2 Streets Network Referencing '& GIS Linkage (No State Routes) 190 T -Mi $20.00 $3,800.00 Fieid Surveys 3 Sidewalk -Surface Tester (SST) Mobilization for Sidewalks & Ramps Presence 1 LS $3,000.00 $3,000.00 a. SST Network Sidewalk Survey w/Ramp Presence & NOMAD (wlState Routes) 210 T -Mi $252.50 $53,025.00 b. Collection of Sidewalk Digital Images @ 10-15' Intervals (Perview) 210 T -Mi $20.00 $4,200.00 4 RST Mobilization/Calibration 1 LS $3,000.00 $3,000.00 5 RST Field Data Collection (2 -pass test Arterials & Collectors; no State Rte.) 190 T -Mi $105.00 $19,950.00 Data Management 6 Data QA/QC, Processing, & Formatting 190 T -Mi $25.00 $4,750.00 7 Data Format/ Supply Excel Spreadsheet, KM L, geodatabase (no software) Included in Base Activities a. "Live" Spreadsheet Pavement Cost Benefit Analysis Included in Base Activities b. Online "Live" Spreadsheet Training Included in Base Activities C. Log Presence of Sidewalks/Curbs & ADA Ramps (Estimates) Included in Base Activities 8 Sidewalk & ADA Ramps Databases Development 210 T -Mi $65.00 $13,650.00 9 Easy Street Analysis, Budget Development & Report 1 LS $7,500.00 $7,500.00 10 Project Management 1 LS $7,995.00 $7,995.00 11 "Live" Spreadsheet - Annual Maintenance Fee 1 LS $0.00 $0.00 12 Directed Services, at City's Discretion with City Authorization 1 LS $5,000.00 $5,000.00 � Proj'Get Total: ° $128,870.00 3a. Include the Geolocation of each recorded Sidewalk Distress (split add w/City) IMS Infrastructure Management Services IMS Budget -Scope -Schedule Bremerton (2018 Rev2) page 3 IMSINFR-01 CERTIFICATE OF LIABILITY INSURANCE DATE 03/21/2018Y) `--�� 03/21 /2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER p CONTACT April M. Rachel American Insurance & Investment Corp. RECEIVE® PHONE [FAX 6765 West Russell Rd (A/C, No, Ext): (702) 877-1760 (A/C No):-- - 87.7-0937 Ste 150 ADDRESS p Las Vegas, NV 89118 MAR 2 6 2018 a ril.rachel american-ins.com INSURER(S) AFFORDING COVERAGE __ NAIC # I_NSURER_A.Trav_elers Prop Cas Co of -America_ - 25674 INSURED City of Bremerton INSURER _B : Travelers_ Indemnity Company _ - - - - 25658_ _ IMS Infrastructure Management Serv%g,Mppagement INSURER C: Travelers Cas Ins Co of America _- 19046 1820 W Drake Dr., Ste. 104 INSURER D: Travelers Cas & Surety Co Amer 31194 Tempe, AZ 85283 — - INSURER E .�_ d`A11=0Af]FC L`FRTICIf'ATC kit IMRPR• M0kV K9r% I hit IMRFI?- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABIL TY AUTHORIZED REPRESENTATIVE Bremerton, WA 98337 EACH OCCURRENCE $ 1'000' O CLAIMS -MADE X CUR X X 6809H179210 03/26/2018 O /26/2019 _ DAMAGE TO RENTED PREMISES Ea occurrence/_ __ 1,000, 0 $ X BFPD/XCU MED EXP {Any one person)__ 10,000 $ ' - 1'000'000 X Contractual Liab. PERSONAL & ADV INJURY $ 2'000 O GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY X D LOC -- - -- 2,000,000 JECPT PRODUCTS. COMP/OP AGG $ 11 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) --- - 1,000,000 _$. - - X ANY AUTO BA8923L36A18GRP 03/26/2018 03/26/2019 BODILY INJURYterperson) _$ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY tPeraccident $ _ AUED pV TOS ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB X OCCUR _ EACH OCCURRENCE $ 4'000' OO EXCESS LIAB CLAIMS -MADE CUP8666Y370 03/26/2018 03/26/2019 AGGREGATE $ 4'000,000 DED I X I RETENTION $ 10,000 C WORKERS COMPENSATIONX PER OTH- STATUTE ER_ AND EMPLOYERS' LIABILITY Y / N UB4419T313 04/19/2017 04/•i 9/2018 - 1,000, 00 PROPRIETOR/PARTNER/EXECUTIVE N / A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE 1 OOO O O $ ' ' If yes, describe under 1000000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT ' ' D Professional Liab. 106703766 03/25/2018 03/25/2019 Each Claim 2,000, 0 D Claims Made/Rpt'd 106703766 03/25/2018 03/25/2019 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Professional Liability Retro: FULL PRIOR ACTS Workers Compensation Coverage Excludes: Alan Sadowsky City of Bremerton is named as an additional insured with respects to the General Liability which is primary and non contributory with a waiver of subrogation as per the contract. P_F92TICI1_AT9: 14f%l r1FR rAldrr-1 1 ATIr1M ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 7 .9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Ci of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 345 6th Street Suite 600 AUTHORIZED REPRESENTATIVE Bremerton, WA 98337 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 7 .9 POLICY NUMBER: 6809x179210 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. 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 10 "bodily injury" or "property damagee' 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 to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-rnntrihutnry has'rs this insurancp is nrimary na ms not (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 8109 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. 4 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 of 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 8109 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission IMSINFR-01 �0� ARACHEIL .4COR0� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) �-� 04/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT CONTACT April M. Rachel G �( ED NAME: - American Insurance & Investment Corp. PHONE ,Ext): (702) 877-1760 FAX 702 877-0937 6765 West Russell Rd _ (A/C, No►_(- _ ) E-MAIL Ste 150�y ADDREss:-aprll.rachel@american-ins.com 9 2018 Las Vegas, NV 89118 APR 1 - - INSURER(S)AFFORDING COVERAGE NAIC # INSURER A: Travelers Prop Cas Co of America _ 2-5674------ INSURED City of Bremert0fil - INSURER B: Travelers Indemnity Company- --25658--- Risk Managemenl` IMS Infrastructure Management Services, LLC iNSURER-C : Travelers -Cas Ins Co of America - _ 19046 -_ 1820 W Drake Dr., Ste. 104 INSURER D; Tempe, AZ 85283 Surety 31194 wsuRER-E,Travelers Cas &Sure C�- _- - CAVFRAnFA CFRTIFICATF NIIMRFR• RFVISIAN 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 I TYPE OF INSURANCE ADDL SUBR INS[ WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY AUTHORIZED REPRESENTATIVE Bremerton, WA 98337 EACH OCCURRENCE $ 1,000,09O CLAIMS -MADE X OCC X X 6809H179210 03/26/2018 03/26/2019 DAMAGE TO RENTED PREMI-SES (Ea occurrencee) 1,000,0 _$ ------ X BFPD/XCU 10'000 MED EXPSAny_one person $ X Contractual Liab. PERSONAL & ADV INJURY $ 1'000'000 2'000' OO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY FX jP LOC 2,000,0 PRODUCTS -COMP/OP_AGG $ OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E_a accidence -_ - 1,000,400 _$ _ X ANY AUTO BA8923L36A18GRP 03/26/2018 03/26/2019 _BODILY INJURY erperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS _BODILY INJURY (Per accident) $ _ -- REQ pVyryE AUTOS ONLY AUTOS ONLY L PROPERTY accident) DAMAGE $ $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4'000' O EXCESS LIAB CLAIMS -MADE CUP8666Y370 03/26/2018 03/26/2019 AGGREGATE $ 4'000'00 DED X RETENTION $ 10,000 C WORKERS COMPENSATION X PER OTH- STATUTE AND EMPLOYERS' LIABILITY Y / N UB2K992554 04/19/2018 04/19/2019 _...__ER -- 1,000ANY 0 LCUTIVELYI N / A F L EACH ACCIDENT _ _ _ $ _ _ _ ' ' _ OFFICERIMEMBER EXCLUDED? 1,000,00 (Mandatory lin NHH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT D Professional Liab. 106703766 03/25/2018 03/25/2019 Each Claim 2,000,000 D Claims Made/Rpt'd 106703766 03/25/2018 03/25/2019 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Professional Liability Retro: FULL PRIOR ACTS Workers Compensation Coverage Excludes: Alan Sadowsky City of Bremerton is named as an additional insured with respects to the General Liability which is primary and non contributory with a waiver of subrogation as per the contract. f GOTICIt'ATG unl nFC f'e1J(_11=I 1 ATInN ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Bremerton City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 345 6th Street Suite 600 AUTHORIZED REPRESENTATIVE Bremerton, WA 98337 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 POLICY NUMBER: 6809x179210 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. 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. 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 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 8109 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 2 COMMERCIAL GENERAL LIABILITY K 4 The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: Wa wniva `` anv rinht of rprnvwry wa may '`havoc 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 8109 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission CONTRACT MODIFICATION AGREEMENT NO. 5762 BETWEEN THE CITY OF BREMERTON AND IMS INFRASTRUCTURE MANAGEMENT SERVICES, LLC PROJECT: Pavement Management Program and Sidewalk and Condition Assessment CONSULTANT: IMS INFRASTRUCTURE MANAGEMENT SERVICES LLC DATE: December 7, 2019 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and IMS INFRASTRUCTURE MANAGEMENT SERVICES, LLC on November 15, 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: 1. Section I. Scone , 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 December 31. 2019. 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. Page 1 of 2 Contract Modification Rev. 07/18 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 / Public Works Director approved to process 1Zhoh Initials and Date) CONSULTANT By: Print Name: Oetek &rn2s- Its:_- Pri-h[im Date: APPROVED AS TO FORM: By , ROGER A. LUBO H, Bremerto City Attorney NOTICES TO BE SENT TO: IVIS Infrastructure Management Services LLC 1820 W Drake Drive Suite 104 Tempe, AZ, 85283 RAcgal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 07 2018.doex Page 2 of 2 Contract Modification Rev. 07/18 THE CITY OF BREMERTON By: Print Nam 6 r L� tr c Ce jr Its:_ MAv,�,f Date:`, (—t 2014 ATTEST: NOTICES TO BE SENT TO: City of Bremerton Attention Tom Knuckey 345 0 Street Suite 100 Bremerton, WA 98337 ��"... IMSINFR-01 ARACHEL AMMCIP• CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `--'' 3/21/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and con ' 'ons of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holde4 of such endorsement(s). PRODUCER G`v CONTACT April M. Rachel v NAME: American Insurance&Investment Corp. �, PHONE FAX 6765 West Russell Rd#150 \sj (A/c,No,Ext):(702)877-1760 (A/C,No):(702)877-0937 Las Vegas,NV 89118 L E-MAIL a ril.rachel american-ins.com g h� C} ADDRESS: P 0 1, �^� INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Ind Co of America 0 25666 Je!°Waoa9\�`*'e��INSURER B:Travelers Indemnity Company 25658 INSURED IMS Infrastructure Management Services,LLCilw INSURER C:Charter Oak Fire Ins Co (25p1 p(- 1820 W Drake Dr.,Ste.104 INSURER D:Travelers Cas&Surety Co Amer 11941 Tempe,AZ 85283 INSURER F: 1 MV Y y F INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS ;9 LTRINSD WVD (MM/DD/YYYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,40V • 6809H179210 3/26/2 19 /3/26/2020 DAMAGE TO RENTED CLAIMS-MADE I ,� I�(CCUR X X � PREMISES(Ea occurrence) $ 1,000,000 X BFPD/XCU YY jj -_--- 10,000 MED EXP(Any one person) $ X Contractual Liab. PERSONAL&ADV INJURY $ 1'000'000 / GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,x8 X POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ 1 Z B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT tooa,goti (Ea accident) $ X ANY AUTO BA8923L36A19GRP 3/26/2019 3/26/2020 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ ,' B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,q0/,' EXCESS LIAB CLAIMS-MADE CUP8666Y370 3/26/2019 3/26/2020 AGGREGATE $ 4,000,0 DED X RETENTION$ 10,000 C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N i X STATUTE OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE UB2K992554 4/19/2019 4/19/2020 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A \/' i E.L.EACH ACCIDENT $ � (Mandatory in NH) �` E.L.DISEASE-EA EMPLOYEE $ 1'000' 0 If yes,describe under 1000000 • DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , , D Professional Liab. 106703766 3/25/2019 3/25/2020 Each Claim 2,000,DO D Claims Made/Rpt'd 106703766 3/25/2019 3/25/2020 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Professional Liability Retro:FULL PRIOR ACTS - City of Bremerton is named as an additio insured with respects to the General Liability which is primaryar(d non contributory with a waiver (subrogation as per the contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Risk Management 345 6th Street Suite 600— ICC) Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6809H179210 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 h. This insurance does not apply to "bodily AN INSURED: • injury" or "property damage" caused by "your y person or organization that you agree in a work" and included in the "products • - "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on'this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage"or"personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of ,the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period,whichever is earlier. The person or organization does not qualify as an 2: The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL - c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization;or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the • contract or agreement. additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and non-contributory basis, this insurance is primar any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance,provided that: • f. This insurance .does not apply to the (1) The "bodily injury" or "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 (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after 'you have signed that "written contract 'Written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the.additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that • limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. 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 . r COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Rights Of Recovery Against Others To Us, DEFINITIONS Section: f SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any'written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, .payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your ` damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance" with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written. contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the "personal injury" offense is committed. •• • • • • • 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 CONTRACT MODIFICATION #2, AGREEMENT NO. 5762 BETWEEN THE CITY OF BREMERTON AND IMS INFRASTRUCTURE MANAGEMENT SERVICES, LLC PROJECT Pavement Management Program and Sidewalk Condition Assessment CONSULTANT IMS Infrastructure Management Services LLC DATE October 18, 2019 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and IMS Infrastructure Management Services LLC on November 15, 2017 and as modified on December 7, 2018 on CM#1. 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 Il. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by June 30 2020 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 Page 1 of 2 Contract Modification Rev. 07'18 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/Public Works Director approved to process /2-4 it" (Initials and Date) CONSULTANT,-' /, >�r ' THE CITY OF BREMERTON By: /i = / By: Print Name-Der e K ( Print Na : Greg Wheeler Its: (= r"^ P Its: Mayor Date: tO � \�l 1°1 Date: to `Z$ 12,ot ck APPROVED AS TO FORM: ATTEST: By:/Vv f By: 11 ' I 1 " , ROGER A. LUBOVICH, Bremerton City Attorney ANGELA SODS, City Clerk }Hoover NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: IMS Infrastructure Management Services LLC City of Bremerton 1820 W Drake Drive, Suite 104 Attention Shane Weber Tempe, AZ 85283 345 6th Street, Suite 100 Bremerton, WA 98337 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev.07 2018.docx Page 2 of 2 Contract Modification Rev. 07/18