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PROFESSIONAL SERVICES AGREEMENT Naval Museum Dehumidification / Climate Control System #49119 Design Engineering Services The City of Bremerton ("City") and Sound Mechanical Consulting, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated June 25h, 2018, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section 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 fiunished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed in the same locality under the same or similar circumstance. TI. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $16,000.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B 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 B. Consultant shall not perforin 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 B. 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. Pagel of 7 Bremerton/Sound Mechanical Consulting, Inc. Nhl Dell iuu-iuii rnli0r i CC. SLtCnl. Rev. 03/2018. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perfonn 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 vrrithhold 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, but not defend the City, its officers, its officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees to the extent caused by the negligent acts, errors or omissions by the Consultant. 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. _ t'rl�itec.t . f=ri�ince�rs tid Any Oilier Prole�sional L,1 -ted fn ;end Perlarmirit) Services Defined in RCW 4.24.115. This Agreement is subject to RCW 4.24.115, then, in the event of liability for darnages 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. ITIS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Page 2 of 7 Bremerton(Sound Mechanical Consulting, Inc. v14 t�ti.;t..�miliiiatinn. CCSti': Rev. 03/2018 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, and until the system is constructed, start up completed, and accepted by the City of Bremerton and in full operation, 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 C e ii;l;icate of insurance evidencing: 1. Atatorirultilc Liaibility insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial Gxeneral 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. ProfC."sional Liabiliry insurance with limits no less than 52,000,000 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-ir:tsured 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 Citv 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 whoe claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 3 of 7 Bremerton/Sound Mechanical Consulting, Inc. MM Dthuinidificaiior,; CC Svstoni Rev. 03/2018 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6`h Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions A. P_ ports and Jnforrnzi tion: 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. I3. Qwncrship and Use w.' Records amt DoCLIHMits. 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, modit,ing 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 o ' Phcito raiahs and Itngl�,es. 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. Paue 4 of 7 Bremerton/Sound Mechanical Consulting, Inc. N%4 Deli umidilication CC System_ Rev. 03/2018 D. Work Perf_ortned 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, tool s, 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 Bainbridge Island, 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 !kgreement: "Phis 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. Severa hili�_ Should any part of this Agreement be found void, the balance o.fthe Agrecraent shall remain in fill] force and effect. H. Modification: This Agreement niay only be modified by written instrument signed by both Parties. 1. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by .registered or 1st class mail, or by personal service, and shall be deemed sufficiently liven if sent. to the addressee at the address stated in this Agreement or such other address as stay be hereafter specified in writing. Notices to be sent to: CITY: Attn: Chris Mottner City of Bremerton 345 6°i Street, Suite 100 Bremerton, NVA 98337 Notices to be sent to: CONSULTANT: Attn: Israel Gaphni Sound Mechanical Consulting, Inc. 7093 NE BayhilI Road Bainbridge Island, WA 98110 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 =orce and effect. Page 5 of 7 Bremerton/Sound Mechanical Consulting; Inc. r 1 l�ehumidificaciun; C".CSVSI m Rev. 03e2018 L. COnu?liance 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. \. Attoineys' Fees: In the event of litigation to enforce any of the terns or provisions herein, each party shall pay all its om,,n costs and attorney's fees. O. '1ssi Annic-ni; Any assigrnnent 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 pei-fon-nance 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 Euzding is withdrawn, reduced or limited in any wa; 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. Dellays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to; acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. RiL111S UPOI1 'I crmII-Mi(III: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final Page 6 of 7 Bremerton;Sound -Mechanical Consulting, Inc. h141 CC sya'TLI-n Rev. 0312018 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 a:7other firm, Consultant agrees by signing this agreement that it will verify that the lirm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS Wf IER.EOF, the parties below have executed this Agreement. CITY: CO?\'SULTAIV'h: CITY OF BR-ME1U'0N 56dkrA /U+�e�+ k �'kaJ[ By: By: ` Print Name: NO Print Name: Its: PubJI c woikti, cecivr Its: Date: 1% bate:_ !J[Lt// APPROVED AS TO 1±OR1v1: 13y: / Bremerton City cii e} ATTEST: By: 2n City Cleric Rc LLega1Ti;Eal\Fo-msT0RMS ON COBWEBT:cfessiona! Services Agreement Rei 03 2018.docx Page 7 of 7 Bremerton/Sound Mechanical Consulting, Inc 1M, i��,hu�niditii;atic�n �=C Sjst_�1i1 Rev. 03/2018 Sound Mechanical Consulting, Inc. 7093 NE Bayhill Road Bainbridge Island, WA 98110 Phone (206) 780-515' Mechanical Consulting Proposal for the Puget Sound Navy Museum Bremerton, WA Sound Mechanical Consulting, Inc. (SMC) proposes to provide The City of Bremerton (Client) with mechanical consulting services for the sizing and specification of dehumidification and humidification systems for the basement archive area and the first and second floor exhibit areas of the Puget Sound Navy Museum in Bremerton. This proposal also includes construction phase engineering. The intended scope of work is detailed below with a list of inclusions and exclusions as well as in Exhibit B: Scope of Work Inclusions: 1. Review of existing architectural and mechanical plans 2. Review of museum staff provided space humidity logs from previous years 3. On site as -building of existing mechanical systems (2 visits budgeted) 4. Humidification and dehumidification load calculations 5. Specification of humidification and dehumidification equipment 6. Mechanical plan issue for City of Bremerton Facilities review and coordination 7. Mechanical plans for permit, bid and construction 8. Initial meeting with contractors 9. Submittal and shop drawing review 10. Response to contractor requests for information (RFIs) 11. Site visit for mechanical system review at substantial completion 12. Test and Balance report review Exclusions: 1. Electrical system design 2. Mechanical control system design 3. Structural support of mechanical system design 4. Permit fees, permit application 5. Site visits beyond those budgeted above (4 total) 6. Hard copy issues of plans and specifications — electronic pdfs proposed for project. 1/4 June 25, 2018 Fees for Service This contract will be an hourly fee contract for the scope of work defined above. The fee amount is based on the scope of work estimate detailed in Exhibit B. Fee estimate for the proposed scope of work ............................ ........ $14,100 Fee estimate budget includes: Up to $160 in reprographics charges and travel fees. It is assumed all documents and deliverables may be issued as PDFs. Fees do not include: Hard copy publication of any documentation or deliverables. PDFs will be transmitted to The City of Bremerton. Additional Services: The hourly rate for additional services is $110. Reimburseables not covered in the scope of work inclusions will be charged at cost. Travel time and expenses are detailed in Attachment B for Bainbridge Island to Bremerton and return. Billing shall be made monthly based on time and materials to meet the scope of work detailed in the Inclusion section and in Attachment B. Payment is due within 45 days of invoice date. Late payments will incur a 1 % per month interest charge. Acceptance: I agree to the terms described hereof and on Attachment A and accept this agreement. Client�.�`t C9� Wteirod_ Date 1� t Additional Terms 2/4 June 25, 2018 Exhibit A (Page 3 of 4) 1. Opinions of Probable Cost initial here Sound Mechanical Consulting, Inc. will provide the Client with opinions of probable cost for specific items upon request from the Client. Our opinion of probable cost will be based on our experience. However, where accurate estimates are crucial, the Client is advised to obtain contractor quotations. Sound Mechanical Consulting, Inc. makes no warranty, expressed or implied, as to the accuracy of our probable cost opinions as compared to bid or actual costs. 2. Errors, Contingencies, and Consequential Damages (0_�' initial here While we use reasonable care consistent with standard practice in the preparation of our documents, all designs will inevitably include some unknowns, concealed conditions, errors, oversights, and misinterpretation. Some contractor change orders should be expected. The Client is advised to include a reasonable amount in his budgets (at least 5010) to accommodate contractor change -orders resulting from possible errors, omissions or ambiguities in the documents. If, due to any error by Sound Mechanical Consulting, Inc. any required item or component of the project is omitted from the construction documents, Sound Mechanical Consulting, Inc. shall not be responsible for the cost of such item or component to the extent that such item or component would have been otherwise necessary to the project or otherwise adds value, upgrade, enhancement, or betterment to'the project. The Client shall promptly report to Sound Mechanical Consulting, Inc. any defects or suspected defects in Sound Mechanical Consulting, Inc.'s work or services of which the Client has become aware so that Sound Mechanical Consulting, Inc. may take measures to minimize the consequences of such defect. Sound Mechanical Consulting, Inc. shall not be liable for consequential damages as a result of design errors or failure of systems or equipment designed or specified. Consequential damages include, but are not limited to, loss of use and loss of profit. 3. Dispute Resolution (4Z' ) initial here Disputes between Sound Mechanical Consulting, Inc. and the Client arising out of, or relating to this agreement shall be submitted to non-binding mediation unless mutually agreed otherwise. 4. Indemnification and Limitation of Liability llZ6 I initial here The Client agrees to limit the liability of Sound Mechanical Consulting, Inc. and its sub -consultants for any and all claims, losses, costs, damages of any nature, to the Professional Liability limits of $2,000,000. The services under this agreement are being performed solely for the Client's benefit and no third party or other entity shall have any contractual relationship or claim against Sound Mechanical Consulting, Inc. because of the performance or non-performance of services hereunder. The use of the term "Sound Mechanical Consulting, Inc." refers to that corporation, its employees and all of its direct sub - consultants. 5. Corporate Protection IM ) initial here It is intended by the parties to this Agreement that Sound Mechanical Consulting, Inc.'s (SMC) services in connection with the Project shall not subject SMC's individual employees, officers or directors to any personal legal exposure for risks associated with this Project. Therefore, and not withstanding anything to the contrary contained herein, the Client agrees that as the sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Sound Mechanical Consulting, Inc., a Washington State corporation, and not against any of Sound Mechanical Consulting, Inc.'s individual employees, officers or directors. 3/4 June 25, 2018 Sound Mechanical Consulting, Inc. 7093 NE Bayhill Road Bainbridge Island, WA 98110 Phone .206}780-5157 Fax(206)780-5142 CORRESPONDENCE MEMO MEMO NUMBER: EXHIBIT - B (428-01) DATE: 6/25/18 TO: CHRIS MOTTNER, CITY OF BREMERTON FROM: ISRAEL GAPHNI RE: PUGET SOUND NAVY MUSEUM - MECHANICAL SCOPE/FEE EST. FOR BASEMENT ARCHIVE, FIRST AND SECOND FLOOR HUMIDITY CONTROL HVAC RETROFIT The following is a scope and fee estimate for a project to identify humidity control strategies for the basement archive area and the exhibit areas of the first and second floors, followed by mechanical equipment and controls specifications and mechanical plans for contractor bid and construction. This engineering scope and fee estimate includes construction phase engineering. SCOPE OF WORK ITEMS Phase 1- HVAC Design 88 hrs $ 9,840 1. Architectural and mechanical plan review 2 hrs 2. Review of recent years space humidity log 4 hrs 3. Discussions with museum staff re: space humidity 2 hrs 4. Humidification and dehumidification load calculations 8 hrs 5. Site visit for mechanical equipment measurements 4 hrs 6. Humidification/dehumidification equip. selection/specification 16 hrs 7. Revisit site to verify equipment selections/clearances 4 hrs 8. HVAC plan preparation 32 hrs 9. Plumbing plan preparation 4 hrs 10. Plan submittal to City of Bremerton for review and discussion 2 hrs 11. Finalize plans for contractor bidding 4 hrs 12. Miscellaneous tasks and project management 4 hrs 13. Miscellaneous Expenses/Reprographics $ 160 Phase 2- Construction Phase 16 hrs $ 1.760 14. Kickoff meeting with Contractors 15. Mechanical submittal review 16. Response to RFls 17. 1 site visit and report near completion of construction 18. TAB report review, misc coordination, project management 19. Additional Liability Insurance for $2,000,000 Limit per City of Bremerton Requirements Fee Estimate for Design Above 3 hrs 3 hrs 4 hrs 4 hrs 2 hrs $ 2,500 106 hours $ 14,100 Services not included in the fee estimate above: - Design of electrical systems, fire sprinkler systems - HVAC control system design — to be by Mechanical Contractor - Design of structural supports of mechanical equipment — to be by Mechanical Contractor - Cost estimating, energy estimating - Site and office visits additional to those specified (added service for time on site or off island office @$110/hr plus $150 round trip travel). Pg 4 of 4 Client#: 326317 SOUNDMEC 3 & ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYY1� 12/(MM/DD 8 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 JY ns of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certifi=e ' Mk4Ieu of such endorsement(s). PRODUCER USI Insurance Services NW PR I 1, i ; `; 1 `,' ' 601 Union Street, Suite 1000 Seattle, WA 98101 �'�} ` CONTACT NAME: PHONNEo 206 441-6300 ° X 610-362-8530 AIC Ext): AIC No E-MAIL - RIEss: Pl.certrequest@usi.com INSURERS) AFFORDING COVERAGE NAIC# INSURER A • Hartford Casualty Insurance Company 29424 INSURED Sound Mechanical Consulting, Inc. 7093 NE Bayhill Road Bainbridge Island, WA 98110 INSURER B •_ N-Igatom Insurance Company 42307 / • INSURER C: INSURER D: INSURER E: INSURER F: GEN'LAGGREGATE LIMIT APPLIES PER: POLICY ^I JECOT LOC OTHER: 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 MMIDD POLICY EXP MM/DD LIMITS a A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 4 OCCUR 52SBWPOO402 3/29/2018 03/29/2019 EACH OCCURRENCE $2,000,000' PREMISES (EaEocccuence) $300 000 MED EXP (Any one person) $10,000r��Y PERSONAL &ADV INJURY $2,000,000/ GEN'LAGGREGATE LIMIT APPLIES PER: POLICY ^I JECOT LOC OTHER: GENERAL AGGREGATE $4,000,00 PRODUCTS - COMP/OPAGG $4,000,000 $ ' A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY X NON -OWNED AUTOS ONLY 52SBWPQ0402 3/29/2018 03129/2019 COMBINED SINGLE LIMIT Ea accident 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident UMBRELLA LIAB EXCESS LIAB H OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICERIMEMBER EXCLUDED? L (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 52SBWPQ0402 (WA Stop Gap) 3/29/2018 03/29/2019 OTH- SER UT X I E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 B Professional Liability CM18PLZOI OQIIV 12/29/2018 12/29/2019 $2,000,000 per claim' $2,000,000 annl a6 gr. DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Puget Sound Navy Museum. The City of Bremerton is an additional insured on the general liability when required by written contact. �ea:ulaL�a.a City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 ACORD 25 (2016/03) 1 of 1 #S24561118/M24550493 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 HZVZP This page has been left blank intentionally. (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) 'Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. 'Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission.. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. 'Bodily injury" to a co -"employee" of the person operating the watercraft, or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 8. Additional Insureds When Required By,.� Written Contract, Written Agreement/ r Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(referred to damage" arising out of the soles) below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else ev acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, inconnection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products, vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily "property in the product made intentionally injury", damage" or " by the vendor; personal and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) 'Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any 'occurrence" which takes (b) 'Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products - (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (I) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, 'Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Oflnsurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. 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. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your 'locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 E If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: BUSINESS LIABILITY COVERAGE FORM (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's leggl representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Page 16 of 24 Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured, However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment. including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 CONTRACT MODIFICATION AGREEMENT O. 5867 BETWEEN THE CITY OF BREMERTON AND SOUND ICAL CONSULTING, INC. PROJECT Naval Museum Dehumidification — Climate Control System CONSULTANT Sound Mechanical Consultants, Inc. DATE 12/17/18 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and Sound Mechanical Consulting, Inc. on September 17, 2018. 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: Provide services and analysis to detennine connected spaces influences and zones for Humidity controls, and associated phased project design work Section II. Term is modified as follows: No Change. Section III. Compensation . is modified as follows: The original contract amount was Sixteen thousand Dollars (`+ t6,000.00). The City shall pay the Consultant Gr the additluiial work described above, based on time and materials, an amount not to exceed Four thousand four hundred Dollars (S 4,400 .00) for a total amended contract amount of Twenty thousand four hundred (S,'20,40(} .00), including this Contract Modification. 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. Page 1 of 2 Contract Modification Rev. 07/18 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 / Public Works Director approved to process �'Z"'W t2 _? (Initials and Date) CONSULTANT By: Print Name: /s✓kti �'u _— Its: Date:.._ APPROVED AS TO FORM: By: ROGER A. LUB VICH, Bremerton City Attorney NOT TO BE SENT TO: Israel G'iphni S01111cl Mechanical Con,ultin'L". lnc. 7093 NE Bavllill Rd. Bainbridge Island_ WA 98110 THE CITY OF BREMERTON By: Print Nam . Cwr" LJ r Its: Mo'-Vor R:ALegal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 07 2018.doex Page 2 of 2 Contract Modification Rev. 07/18 Date: 1 _1�120 ►9 ATTEST: By: 6 A -A ANGELA W DS, City Clerk NOTICES TO BE SENT TO: Mr. Chris Mottner Title: Facilities Supervisor City of Bremerton Facilities 100 Oyster Bay Avenue N. Bremerton, WA 98312 Phone/Fax: 360-473-2316 Sound Mechanical Consulting, Inc. 7093 NE Bayhill Road Bainbridge Island, WA 98110 Phone (206)780-5157 Fax (206) 780-5142 CORRESPONDENCE MEMO MEMO NUMBER: EXHIBIT — B (428-02) DATE: 12/9/18 TO: CHRIS MOTTNER, CITY OF BREMERTON FROM: ISRAEL GAPHNI RE: PUGET SOUND NAVY MUSEUM - MECHANICAL SCOPE/FEE EST. FOR ADDITIONAL SERVICES TO ORIGINAL SCOPE OF WORK The following is a scope and fee estimate for additional engineering services due to discovery of the 31d office space, gift shop/commons and Fountain Room interactions with the proposed museum humidity control systems. SCOPE OF WORK ITEMS Phase 1- HVAC Design 34 hrs $ 3,740 1. Site review of adjacent spaces to museum/basement archives 3 hrs (done) 2. Dehu and humidification calcs & equipment sizing of above 4 hrs (done) 3. Discussions with museum staff re: adjacent spaces 2 hrs (done) 4. Gift shop/commons HVAC load calc/prelim sizing/pricing 5 hrs (done) 5. Site visit for mechanical equipment measurements of above 4 hrs 6. Additional design time for 31d flr dehu, humidification 8 hrs 7. Additional design time for Gift shop/Commons HVAC 8 hrs 8. Additional plumbing plan preparation for AH -3 humidification 2 hrs 9. Additional permit prep for City of Bremerton submittal 2 hrs Phase 2- Construction Phase 6 hrs $ 660 10. Additional mechanical submittal review 1 hrs 11. Additional response to RFIs 2 hrs 12. Additional site visit time 2 hrs 13. Additional TAB report review 1 hrs Additional Fee Design Estimate for Revisions Above� hours' 1$4,400 Services not included in the fee estimate above: - Design of electrical systems, fire sprinkler systems - HVAC control system design — to be by Mechanical Contractor - Design of structural supports of mechanical equipment — to be by Mechanical Contractor - Cost estimating, energy estimating - Site and office visits additional to those specified (added service for time on site or off island office @$110/hr plus $150 round trip travel). Pg4of4