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PROFESSIONAL SERVICES AGREEMENT Damaged Pole Assessments, Contract No. The City of Bremerton ("City") and Exeltech 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 May 4, 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 furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in 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 $10,200.00. 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. Page I of 7 Bremerton/Exeltech Dammed Pole Assessments Rev. 03/2018 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Page 2 of 7 Bremerton/Exeltech Damaged Pole Assessments Rev. 03/2018 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 3 of 7 Bremerton/Exeltech Damaged Pole Assessments Rev. 03/2018 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles ("GAAP") to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Lacey, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Page 4 of 7 Bremerton/Exeltech Damaged Pole Assessments Rev. 03/2018 D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Lacey, 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 Aureement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: CITY: Attn: Cit,. Clerk City of Bremerton 345 6a' Street, Suite 100 Bremerton, WA 98337 Notices to be sent to: CONSULTANT: Attn: Santosh Kuruvilla Exeltech Consulting.. Inc. 8729 Commerce Place Dr. NE. Ste. A Lacey. WA 98516 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. Page 5 of 7 Bremerton/Exeltech Da_m&. ed Pole Assessments Rev. 03/2018 L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final Page 6 of 7 Bremerton/Exeltech Damaged Pole Assessments Rev. 03/2018 invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. 1411 V I CITY OF BREMERTON By. 2 Print Name: Chal Martin Its: Public WoW and Utilities Director Date: CONSULTANT: Date: 5112LIE) APPROVED AS TO FORM: ATTEST: By: By: Bremerton City ey City Clerk R:\Legal\LegafTormsTORMS ON COBWEBTrofessional Services Agreement Rev. 03 2018.docx Page 7 of 7 Bremerton/Exeltech Damaced Pole Assessments Rev. 03/2018 Exhibit A Scope of Services for City of Bremerton Signal Pole Assessment May 4, 2018 Prepared by: Exeltech Consulting, Inc 8729 Commerce Place Drive NE Suite A Lacey, WA 98516 e X e 1 t e C h Exhibit A Scope of Services for Traffic Signal Pole Assessment City of Bremerton Under this Agreement, Exeltech Consulting, Inc., hereinafter referred to as the "Consultant", will perform professional services for the City of Bremerton, hereinafter referred to as the "City". This Scope of Services provides for engineering services for the assessment of damaged traffic signal poles. The Consultant will actively coordinate and manage project activities with the City. The Consultant will apply industry standard of care to resolve issues, and maintain the accuracy and overall quality of the work products. The Consultant will be responsible for the performance of the services described hereinafter, furnishing materials and information as needed to accomplish the work tasks. This document will be used to plan, conduct and complete the work for the Project. (.BACKGROUND The City of Bremerton has recently had multiple traffic signal poles damaged by vehicles or other means. The City proposes to have the Consultant/structural engineer visually assess each of the damaged poles to determine if the signal can safely remain in place or if it should be replaced. II. ASSUMPTIONS 1. Staffing levels are anticipated in accordance with attached budget estimate. Services will be limited to these assumed hours/costs, unless additional services are authorized. 2. The pole assessments will be performed from the ground and traffic control will not be required or will be provided by the City. 3. If agreed to by the Consultant, the City may elect to request additional pole assessments to the project with a supplement of additional budget at a later time. 4. Services not specifically identified herein, are expressly excluded. 5. City directed activities, beyond the scope of work, will require written confirmation from the City Project Manager or designee, prior to the start of any work. 6. Timely reviews of submitted deliverables at mutually agreed upon times, with review comments consolidated into one review document prior to returning to the Consultant. 7. The City will provide pertinent site information to the Consultant in a timely fashion during the information gather stage. Scope of Services Page 1 III. SCOPE OF SERVICES TASK 1 — POLE ASSESSMENT AND MEMO A Conslutant Structural Engineer will visit each damaged pole (locations to be provided by the City) and visually assess the damage. Based on the Engineer's engineering judgement, the Consultant will prepare a brief memo that documents the damage with photos and provides a recommendation to either replace the existing pole or leave it in place. The memo will include a brief explanation/justification narrative to explain the recommendation. The recommendation provided by the Consultant is based on a visual assessment only and will be the judgement of the Engineer. No formal structural analysis or material testing will be conducted, therefore the Consultant cannot guarantee or warrant the future performance of the pole and assumes no liability of the performance of the poles. The City may supplement this scope of work and budget with additional pole assessments at a later time. Deliverables: Recommendation Memo (approximately 2 -pages including photos) for each signal pole assessed Exeltech NTE Fee (See Exhibit Q Fee is calculated on a per pole basis and includes: (1) Site Visit (1) Recommendation Memo Total Per Signal Pole = $2,040.00 Exhibit B Work Schedule for Traffic Signal Pole Assessment City of Bremerton PROJECT SCHEDULE There are currently four (4) damaged signal poles that will be assessed, with deliverables completed by mid-June 2018. One (1) additional pole assessment will be conducted by year-end 2018, on an as -needed basis when requested by the City. EXHIBIT C Fee Estimate Traffic Signal Pole Assessment EXELTECH CONSULTING, INC. Fee Estimate Sheet 1 of 2 City of Bremerton Date: 5/7/2018 The labor costs below represent the labor hours required for the first (4) pole assessments. Additional budget will be authorized by the City when future pole assesments are requested. (Each pole assessment assumes (12) labor hours @ $170.00 per hour) LABOR COSTS: Labor Resources Labor -hours Salary Rate Cost 1 Structural Engineer 60 Hrs. @ $170.00 = $10,200.00 60 Hrs. Labor Subtotal = $10,200.00 DIRECT NON -LABOR COSTS ANTICIPATED: Travel Trips Miles RT @ $0.545 $0.00 Postage Direct Non -Labor Costs Subtotal = $0.00 EXELTECH ESTIMATED COSTS = $10,200.00 EXHIBIT C Fee Estimate Traffic Signal Pole Assessment EXELTECH CONSULTING, INC. Fee Estimate Sheet 1 of 2 City of Bremerton Date: 5/7/2018 PROJECT LABOR -HOUR ESTIMATE Labor -hour Resources Structural Engineer 0.00 0.00 1 Signal Pole Assessment #1 12.0 2 Signal Pole Assessment #2 12.0 3 Signal Pole Assessment #3 12.0 4 Signal Pole Assessment #4 12.0 5 Signal Pole Assessment #5 12.0 Total of hours : 60.0 0.0 0.0 0.0 Client#: 53709 EXELTECH ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE/YYYY) s/177/201/201 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Rd. Suite 370 Alpharetta, GA 30022 CONTACT Trudy Henry_ PHONE 770.552: 225 AX 8 aC No, 'E.1): AC. No : 66.550.4082 E-MAIL en re Iln ADDRESS: trud YhrY@9 Y g•com INSURER($) AFFORDING COVERAGE NAIC # INSURER A: Hartford Accident a indemnity Company 22357 —,-----POLICY 84SBWZK1228 INSURED Exeltech Consulting, Inc. 8729 Commerce Place Drive, NE, Suite A Olympia, WA 98516 INSURER B : Continental Caswlty Company 20443 INSURER C: sentinel Insurance Comparry 11000 - - --- -- INSURER D INSURER E: INSURER F: DAMASE Tp RENTED 1,000,000 PREMISES (Ea occurrence) $1,0 COVERAGES CERTIFICATE NUMBER: 18-18 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 _ INSURANCE______ ADD L INSR SUER WVD NUMBER POLICY EFF MWDD/ POLICY EXP LIMITS MWDD/YYYY A X COMMERCIAL GENERAL LIABILITY —,-----POLICY 84SBWZK1228 07/0112017 07101/2018 EACH OCCURRENCE j $1,000,000 CLAIMS -MADE a OCCUR DAMASE Tp RENTED 1,000,000 PREMISES (Ea occurrence) $1,0 MED EXP (Any one person) $ 10 000 I PERSONAL & ADV INJURY', $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE$2,000,000 PRO - POLICY ^il JECT Lj LOC, PRODUCTS - COMP/OP AGG '$2,000,000 OTHER C AUTOMOBILE LIABILITY 84UEGNM0440 COMBINED SINGLE LIMIT 7/01/2017I07/01/2018� (Ea accident) $1,000,000 X ANY AUTOI,.. BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLYAUTOS Per accident $ BODILY INJURY () X AHIRED UTOS ONLY )( NON -OWNED AUTOS ONLY PROPERTY DAMAGE $ Per acct ent $ A L X UMBRELLA LIAB X OCCUR 84SBWZK1228 7/01/2017 07/01/201 EACH OCCURRENCE 1$2,000,000 EXCESS LIAB _ CLAIMS -MADE. AGGREGATE DED X TION $10000 $ WORKERS COMPENSATION PER OTH- I AND EMPLOYERS' LIABILITY YIN __.._ TATLITE ER ANY PROPRIETOR/PARTNER/EXECUTIVE. — E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH)1 E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B '', Professional AEH288377153 5/26/2018 05/26/201 Per Claim $5,000,000 Liability Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Bremerton Signal Pole Assessment City of BremgAon is named as an Additional Insured with respects to General & Automobile Liability where required by ritten contract. City of Bremerton Attn: Risk Management 345 6th Street, Suite 600 Bremerton, WA 98337 ACORD 25 (2016/03) 1 of 1 #S1076557/M1076521 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 1C41V ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THEN2 POLICY NUMBER:84UEGNMO440 COMMERCIAL AUTOMOBILE INSURED: Exeltech consulting, Inc. HA 99 16 03 12 ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN CONTRACT This is a summary of the coverage provided under the following form (complete form available): COMMERCIAL AUTOMOBILE COVERAGE FORM HA 99 16 03 12 Additional Insured if Required by Contract Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who is and Insured with regard to the ownership, maintenance or use of a covered "auto." Primary and Non -Contributory Only with respect to insurance provided to an additional insured in 1.D. — Additional Insured If Required by contract, the following provisions apply: 1) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance Clause. 2) Primary and Non -Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract or written agreement 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 (1) and (2) 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 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. 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 that this 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, by method described in Other Insurance 5.d. Waiver of Subrogation We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payment we make for damages under the Coverage Form. Rev 7.15 Page 1 of 1 POLICY NUMBER: 84SBWZK1228 INSURED: Exeltech Consulting, Inc. BUSINESS LIABILITY COVERAGE SS 00 08 04 05 ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. Limits Of Insurance. 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. 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: 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 noncontributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Rev 5.14 Page 1 of 2 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. 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. Waiver of Subrogation If you have 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 you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2 Client#: 53709 EXELTECH ACORD_ CERTIFICATE OF LIABILITY INSURANCE I D6129/D/YYYY) 6/29/20018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to t e erms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights KrDWiVEOolder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Trudy Henry Greyling Ins. Brokers a/EPICPyN�N o, 0.552.4225 FAX 3780 Mansell Rd. Suite 370 JUL _ 2018 E-MAIL 77 ac Ne: 866.550.4082 ADDREss: trudy.henry@greyling.com Alpharetta, GA 30022 City of Bremerton INSURER(S) AFFORDING COVERAGE NAIC # INSURED Exeltech Consulting, Inc. 8729 Commerce Place Drive, NE, Suite A Olympia, WA 98516 INSURER A : Hartford Accident & Indemnity Company INSURER B : Continental Casualty Company INSURER C :Sentinel Insurance Company INSURER D: INSURER E: COVERAGES CERTIFICATE NUMRER- IR -19 REVISION N"MRFR- 11000 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 SUB WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 20SBWZK1228 7/01/2018 07/01/2019 EACH $110001000 GOCTCURRENCE PREMISES ERENTED occu ence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1.,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � J CT 7 LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ C AUTOMOBILE X X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY 20UEGNMO440 7/01/2018 07/01/2019 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB X OCCUR EXCESS LIAR CLAIMS -MADE DED I X RETENTION $10000 20SBWZK1228 7/01/2018 07/01/2019 EACH OCCURRENCE s2,000,000 AGGREGATE s2,000,000 $ WORKERS COMPENSATION EMPLOYERS' LIABILITY Y / NSTATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER 0TH - ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B Professional Liability AEH288377153 5/26/2018 05/26/2019 Per Claim $5,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Bremerton Signal Pole Assessment City of Bremerton is named as an Additional Insured with respects to General 8t Automobile Liability where required by written contract. nlVtf City of Bremerton Attn: Risk Management 345 6th Street, Suite 600 Bremerton, WA 98337 ACORD 25 (2016/03) 1 of 1 #S1116092/M1098961 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 THEN2 This page has been left blank intentionally. POLICY NUMBER:20UEGNMO440 COMMERCIAL AUTOMOBILE INSURED: ExeHech Consu@ing, Inc. HA 99 16 03 12 ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN CONTRACT This is a summary of the coverage provided under the following form (complete form available): COMMERCIAL AUTOMOBILE COVERAGE FORM HA 99 16 03 12 Additional Insured if Required by Contract Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who is and Insured with regard to the ownership, maintenance or use of a covered "auto." Primary and Non -Contributory Only with respect to insurance provided to an additional insured in 1.D. — Additional Insured If Required by contract, the following provisions apply: 1) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance Clause. 2) Primary and Non -Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract or written agreement 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 (1) and (2) 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 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. 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 that this insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self4nsured amounts under all that other insurance. We will share the remaining loss, if any, by method described in Other Insurance 5.d. Waiver of Subrogation We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payment we make for damages under the Coverage Form. Rev 7.15 Page 1 of 1 This page has been left blank intentionally. POLICY NUMBER: 20SBWZK1228 INSURED: Exeltechconsutting,Inc. BUSINESS LIABILITY COVERAGE SS 00 08 04 05 ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. Limits Of Insurance. 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. 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: 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. C (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. Rev 5.14 Page 1 of 2 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. 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. Waiver of Subrogation If you have 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 you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2 CONTRACT MODIFICATION AGREEMENT NO. 5835 BETWEEN THE CITY OF BREMERTON AND EXELTECH CONStiLTING, INC. PROJECT: Damaged Traffic Signal Pole Assessments CONSULTANT: EXELTECH CONSULTING INC. DATE: December 7, 2019 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and EXECTECH CONSULTING, INC. on June 15, 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: 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 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. 07118 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. / ' -1 ( f �s City Engineer / Public Works Director approved to process t+ !(Initials and Date) CONSULI'p►NT Print Name:- Sanl sh J. Kuruvilla Its: President Date:1i/! APPROVED AS TO FORM: By: i r ROGER A. LUBOVICH, Breme' �pn City Attorney NOTICES TO BE SENT TO: Exeltech Consulting, Inc 8729 Commerce Place Drive NE Suite A Lacey, WA 98516 R:1Lega1lLega1\F orms\FORMS ON COB WEBTontract Modification Rev. 07 201 S.docx Page 2 of 2 Contract Modification Rev. 07/18 THE CITY OF BREMERTON Print N e: Its: Date: WtA(l II' ATTEST: .i �,r►!l/� =162i� to s NOTICES TO BE SENT TO: City of Bremerton Attention City Clerk 345 6h Street Suite 100 Bremerton, WA 98337 a #-5535 Client#:53709 EXELTECH ACORD.., CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/09/2019 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 conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights tc t �tprtIEry tolls[in lieu of such endorsement(s). PRODUCER 1"�C 1✓C 1 V C 1..�► CONCT NAME:TATrudy Henry Greyling Ins.Brokerage/EPIC PHONE — FAX 3780 Mansell Rd.Suite 370 EMAIL'Ext):770.552.4225 (ac,No): 866.550.4082 MAY 2 8 2019 ADDRESS: trudy.henry©greyling.com Alpharetta,GA 30022 INSURER(S)AFFORDING COVERAGE NAIC C City of Bremerton INSURER A:Hartford Accident&Indemnity Company 22357 INSUREDContinental Casual 20443 Exeltech Consulting,Inc. Risk Management INSURER B: ty Com an p y INSURER c:Sentinel Insurance Company 11000 8729 Commerce Place Drive,NE,Suite A Olympia,WA 98516 INSURER D OY''' S. 71-II INSURER F: COVERAGES CERTIFICATE NUMBER: 19-19 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS ,o tfPREMISES( A X COMMERCIAL GENERAL LIABILITY / 20SBWZK1228 07/01/2018 07/01/2019 EACHOCCURRENCE $1,000,000 " CLAIMS-MADE X OCCUR Ea occu ante) $1,000,000 VMED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X J COT LOC PRODUCTS-COMP/OP AGG $2,000,000 _ OTHER: $ C AUTOMOBILE LIABILITY 20UEGNM0440 07/01/2018 07/01/2019(EBeBIfE rINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWTOSNEDONLY SACUTHEDOSULED BODILY INJURY(Per accident) $ AU X AIT OS ONLY AUTOSNON-OWNED ONLY PROPERTY DAMAGE ' $ (Per accident) $ A X UMBRELLA LIAB X OCCUR 20SBWZK1228 07/01/2018 07/01/2019 EACH OCCURRENCE $2,000,000 V EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$10000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIAABILITYSTATUTE FR ANY PROPRIETOR/PARTNER/EXECUTIVEIY/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? I N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ /f B Professional AEH288377153 05/26/2019 05/26/2020 Per Claim$5,000,000 I Liability V Aggregate$5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Bremerton Signal Pole Assessment City of Bremerton is named as an Additional Insured with respects to General Sr Automobile Liability where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Bremerton � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street,Suite f00 Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE I .ae/( -- ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1583068/M1582251 THEN2 This page has been left blank intentionally. POLICY NUMBER:2OUEGNM044O COMMERCIAL AUTOMOBILE INSURED:Exeltech Consulting,Inc. HA 99 16 03 12 ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN CONTRACT This is a summary of the coverage provided under the following form (complete form available): COMMERCIAL AUTOMOBILE COVERAGE FORM HA 99 16 03 12 Additional Insured if Required by Contract v Paragraph A.1. -WHO IS AN INSURED-of Section II - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for"bodily injury" or "property damage"caused by the conduct of an "insured" under paragraphs a. or b. of Who is and Insured with regard to the ownership, maintenance or use of a covered "auto." Primary and Non-Contributory Only with respect to insurance provided to an additional insured in 1.D.—Additional Insured If Required by contract, the following provisions apply: 1) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance Clause. 2) Primary and Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract or written agreement 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 (1)and (2)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 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. 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 that this 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, by method described in Other Insurance 5.d. Waiver of Subrogation We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payment we make for damages under the Coverage Form. Rev 7.15 Page 1 of 1 This page has been left blank intentionally. POLICY NUMBER:20sBWZK1228 BUSINESS LIABILITY COVERAGE INSURED:Exeltech Consulting,Inc. SS 00 08 04 05 ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you;or (c) In connection with "your work" and included within the "products completed operations hazard",but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for"bodily injury"or"property damage"included within the"products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement,or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract,agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural,engineering or surveying services,including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports,surveys,field orders,change orders,designs or drawings and specification:or (b) Supervisory,inspection,architectural or engineering activities. The lim its of insurance that apply to additional insureds are described in Section D. Limits Of Insurance. 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. 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: 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. Rev 5.14 Page 1 of 2 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs(a)and(b)do not apply to other insurance to which the additional insured has been added as an additional insured. 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. Waiver of Subrogation If you have 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 you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2 • 00(14(6-C-+ rxp ( td .�`} 5 35 RECEIVED JUL 1 5 2019 City of Bremerton Risk Management Client#:53709 EXELTECH ACORa.. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/24/2019 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 conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Trudy Henry Greyling Ins.Brokerage/EPIC PHONE 770.552.4225 FAX (A/C,No,Est): (AIC,No):866.550.4082 3780 Mansell Rd.Suite 370 noDRess: trudy.henry©greyling.com Alpharetta, GA 30022 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Accident&Indemnity Company 22357 INSUREDINSURER B:Continental Casualty Company 20443 Exeltech Consulting,Inc. Sentinel Insurance Company 11000 INSURER C: P Y 8729 Commerce Place Drive,NE,Suite A Olympia,WA 98516 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 19-20 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. INLTR TYPE OF INSURANCE INSR ADDL WVD POLICY NUMBER BR POLICY EFF POLICY EXP LIMITS (MMIDD/YYYY) (MMIDDIYYYI') A X COMMERCIAL GENERAL LIABILITY 20SBWZK1228 07/01/2019 07/01/2020 EACHOCCURRENCE $1,000,000 CLAIMS-MADE I X1 OCCURPREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 RO- POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY 20UEGNM0440 07/01/2019 07/01/2020 cOMaaccideBINEDSnt) � rINGLELIMIT 1 000,000 (E _ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR 20SBWZK1228 07/01/2019 07/01/2020 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$10000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional AEH288377153 05/26/2019 05/26/2020 Per Claim$5,000,000 Liability Aggregate$5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Bremerton Signal Pole Assessment City of Bremerton is named as an Additional Insured with respects to General&Automobile Liability where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street,Suite 600 Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1665464/M1640995 THEN2 This page has been left blank intentionally. RECEIVED JUL 1 5 2019 City of Bremerton Risk Management POLICY NUMBER:2OUEGNMoaao COMMERCIAL AUTOMOBILE INSURED: Exeltech Consulting,inc. HA 99 16 03 12 ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN CONTRACT This is a summary of the coverage provided under the following form (complete form available): COMMERCIAL AUTOMOBILE COVERAGE FORM HA 99 16 03 12 Additional Insured if Required by Contract Paragraph A.1. -WHO IS AN INSURED-of Section II - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for"bodily injury"or "property damage"caused by the conduct of an "insured" under paragraphs a. or b. of Who is and Insured with regard to the ownership, maintenance or use of a covered "auto." Primary and Non-Contributory Only with respect to insurance provided to an additional insured in 1.D.—Additional Insured If Required by contract, the following provisions apply: 1) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance Clause. 2) Primary and Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract or written agreement 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 (1)and (2)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 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. 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 that this 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, by method described in Other Insurance 5.d. Waiver of Subrogation We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payment we make for damages under the Coverage Form. Rev 7.15 Page 1 of 1 This page has been left blank intentionally. POLICY NUMBER:20SBWZK1228 BUSINESS LIABILITY COVERAGE INSURED:Exeltech Consulting,Inc. SS 00 08 04 05 ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you;or (c) In connection with "your work" and included within the "products completed operations hazard",but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured;and (ii) This Coverage Part provides coverage for"bodily injury"or"property damage"included within the"products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement,or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract,agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural,engineering or surveying services,including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports,surveys,field orders,change orders,designs or drawings and specification:or (b) Supervisory,inspection,architectural or engineering activities. The lim its of insurance that apply to additional insureds are described in Section D. Limits Of Insurance. 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. 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: 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. Rev 5.14 Page 1 of 2 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs(a)and(b)do not apply to other insurance to which the additional insured has been added as an additional insured. 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. Waiver of Subrogation If you have 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 you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2