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HomeMy WebLinkAbout5911PROFESSIONAL SERVICES AGREEMENT Hyd rogeological Oversight Wells 2R and 7 Re -Development The City of Bremerton ("City") and Robinson Noble, 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 December 3, 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 $24,600. 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 1 of 9 Bremerton/Robinson Noble, Inc. Hydrogeological Oversight — Wells 2R and 7 Re -Development Rev. 07/2018 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 negligent 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 9 Bremerton/Robinson Noble, Inc. Hydrogeological Oversight — Wells 2R and 7 Re -Development Rev. 07/2018 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 -contractors. 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; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 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 9 Bremerton/Robinson Noble, Inc. Hydrogeological Oversight — Wells 2R and 7 Re -Development Rev. 07/2018 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 become the property of the City upon payment to Consultant. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Tacoma, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Imams Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Page 4 of 9 Bremerton/Robinson Noble, Inc. Hydrogeological Oversight — Wells 2R and 7 Re -Development Rev. 07/2018 Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Tacoma, Washington, and onsite at Well 2R and 7 locations. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. 1. 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: Chal A. Martin City of Bremerton 100 Oyster Bay Ave N Bremerton, WA 98312 Notices to be sent to: CONSULTANT: Attn: James E. Hay Robinson Noble, Inc. 2105 South C Street Tacoma, WA 98402 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. Page 5 of 9 Bremerton/Robinson Noble, Inc. Hydrogeological Oversight — Wells 2R and 7 Re -Development Rev. 07/2018 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: l) 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. Page 6 of 9 Bremerton/Robinson Noble, Inc. Hydrogeological Oversight — Wells 2R and 7 Re -Development Rev. 07/2018 B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON ROBINSON NOBLE, INC. By: Print Name: Chal A. Martin Its: Director, Public /W,orks & Utilities Date: ��✓ !I APPROVED AS TO FORM: By: (/ Roger A. Lubovich, 61merton dity Attorney y Digitally signed by James James E Ha Date: 2019.01.11 10:38:21 -08'00' By: Print Name: James E. Hay Its: Principal Hydrogeologist Date: 1/11/2019 ATTEST: RALegal\Legal\Forms\FORMS ON COBW F.B\Professional Services Agreement Rev. 07 2018.docx Page 7 of 9 Bremerton/Robinson Noble, Inc. Hydrogeological Oversight — Wells 2R and 7 Re -Development Rev. 07/2018 .��V0-0.2AN 0110 %', •SCity Clerk EXHIBIT A SCOPE OF WORK Professional hydrogeological oversight and direction of Wells 2R and 7 pump and motor replacement and re -development to include: 1) Review of City -provided hydrographs; findings and recommendations to be summarized in a brief, combined letter report. 2) Communicate with the City and its selected Contractor regarding project scope and bidding. 3) Attend video inspections. 4) Conduct a site visit at the start of mechanical surge development, two additional (partial day) site visits, and interim communications with the Contractor by phone. 5) Conduct and analyze step -rate testing (one test per well). 6) Submit a summary letter report discussing findings of video inspections, step -rate tests, and re -development activities, and provide a recommended frequency of future re- development for each well. EXHIBIT B SCHEDULE The schedule for this project will commence upon signing of this contract and shall conclude by December 31, 2019. EXHIBIT C BUDGET AND FEES Hydrogeologist will work on a time and expense basis. The budget for this contract shall not exceed $24,600. Fee schedule is attached. Page 8 of 9 Bremerton/Robinson Noble, Inc. Hydrogeological Oversight — Wells 2R and 7 Re -Development Rev. 07/2018 ROBINSON NOBLE General Fee Schedule January 1, 2019 Professional Positions Fee per Hour Principal Engineer, Hydrogeologistor Environmental Scientist 5187 Associate Engineer, Hydrogeologistor Environmental Scientist S171 Senior Engineer, Hydrogeologist or Environmental Scientist S1 th Senior Project Engineer, Hydrogeologist or Environmental Scientist S126 Project Engineer, Hydrogeologist or Environmental Scientist S' 13 Staff Engineer, Hydrogeologist or Environmental Scientist S IC2 Senior Field Staff -593 Field Staff 380 Legal Support.+Expert Witness Services,,Testimony 15C"- ct aoove aies Support Positions Senior GISlCAD Specialist S95 Senior Technician 595 SeniorAdministrator SK GI&'CAD Specialist SKI Technician sa:1. Administrator 572 Clerical Support 572 Other Fees and Costs Fro-cssicnal services Subcontracts 5% .. Ou:slde Iat,oratc,Y services Management Fee g 15ac Ccrs:rUcacr subccn:rats 1595 Other Costs 1ravei lautc SO.621r-i e 1rajel loth='r' .;cst r13':" For die— Frevadiig State 'a:e Ot^er d rec: expenses Cost 03% hlelc and labcratcry test ng eq.nFc-e-it rental See tol o•,wg .ages 'h s tFe sch�,Ju e �s sub;w to _-na-ge 3,co-d ng :o co^frac: c- ',ctess ona ::e-vicas ,Agwrrert ccnd+tlons Page 9 of 9 Bremerton/Robinson Noble, Inc. Hydrogeological Oversight — Wells 2R and 7 Re -Development Rev. 07/2018 DATE (MMIDDIYYYY) AC R CERTIFICATE OF LIABILITY INSURANCE 11/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(jos) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). C INTArT Cathy Fleck PRODUCER _NAM_Et- ----- ... PHONE (BOO} 726-8771 AICiNOj: (866)728-9168 Leavitt Group Northwest _011.. Ra-E6t} --- - E-MAIL Cathy-fleck@leavitt.com PO Box 65770 ADDRE s :_ �— -- INSURER(S)AFFORDING NAIC # _ University Place WA 98464 INSURERA:AXIS_ Surplus Insurance _Company_ 26.620 --------- ------------ - INSURED INSURER 8:,: ----- — —— Robinson and Noble, Inc, INWRERC-- dba: Robinson Noble, Inc. INSURERD:--------- 2105 South C Street INSURER E �___ ___-------- -- �- Tacoma WA 98402 INSURER F: COVERAGES CERTIFICATE NUMBER:IB-19 MASTER CERT 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. I POLICY EFF POLICY EXP —�, ,,,,� � _ LIMITS Tft TYPE OF INSURANCE uc wvn Nuucr rvumo¢n Et�1800010601 mmn+u I I I I I 11/30/2018 -. > >_ 1 30/2019 EACH OCCURRENCE TSafT��TO REN7EtS PREMISES Ee occurrence) _ $ 2, 000 ACLAIMS-MADE X COMMERCIAL GENERAL LIABILITY - OCCUR X 100,000 $ __ MED EXP An one person)_ ( y $ _ 10,000 ADV INJURY $ 2,000,000 ,000,000p `-- PERSONAL & GENERAL AGGREGATE $ 4 , 000 -- GEN'L AGGREGATE LIMIT APPLIES PER: POLICY l 1 PRO- 1:1 LOC _ JECT OTHER! Poll Liab Claims t•fada EMP1800010601 11/30/2018 11/30/2019 PRODUCTS - COMPIOP AG_G $ 4 , 000 , 0 Contractors Poll -Each Calm $ 2,000,000 COMBINED SINGLE LIMIT accl_rie_ 11_. _ $ 2, 000, Q _ -- AUTOMOBILE LIABILITYEu BODILY INJURY (Per person) $ A ._ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS EMP1300010601 11/30/2018 11/30/2019 BODILY INJURY (Per accident) $ — PROPERTY DAMAGE - - $ $ EACH OCCURRENCE $-- UMBRELLALIABOCCUR EXCESS LIAR CLAIMS -MADE AGGREGATE $ _ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatary In NH) Ifyes, describe under DESCRIPTION OF OP€RATIONS below Professional Liability A A NIA EMP1800010601 Washington Stop Gap EMe1800010601 11/30/2018 11/30/2018 11/30/2019 11/30/2019 PER X OTH- T$ ATUTE _Et3-�. ___...._ - E.L,_EA_ CH ACCIDENT _$__ 1 , 00 C 0 _ E.L. DISEASE - EA EMPLOYE $ 1, 000 , 00 — E.L. DISEASE - POLICY LIMIT Each Claim Aggregate $ 1 000 000 2,000,000 4,000, 0 Claims Made DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached if more space Is required) RE: Twin Lakes ASR Designation The City of Bremerton is additional insured as required by written contract per attached endorsements CG2010 07/04, CG2037 07/04, PGI EL 018 02 18 and PGI EL 020 02010 IFICATE HOLDER City of Bremerton Attn: Cami Apofelbeck 100 Oyster Bay Ave. N. Bremerton, WA 98312 ACORD 25 (2014101) INS025 (201401) ANCELLATION 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 (Mark Hanks/CAFLEC V_14� t> .. "L__+L1-'"' ©1988-2014 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD Policy Number EMP1800010601 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON ORS ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an Additional Insured, However, this status exists only for the project specified in that contract. Information required to com fete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above, B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Policy number: EMP1800010601 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): Location And Description Of Completed Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified In that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 ADDITIONAL INSURED ENDORSEMENT This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's liability arising out of COVERED OPERATIONS performed for that insured. PGI EL 018 0210 Page 1 of 1 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contr In consideration of the premium charged, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. PGI EL 020 0210 Page 1 of 1 ` ® A CERTIFICATE OF LIABILITY INSURANCE DATE (M 1/3/2019/2019 v THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DAMAGE TO RENTED 100,050 PREMISES Ea occurrence $ coNrncT Cath Fleck NAME: y PRODUCER Leavitt Group Northwest PHONc o t:E (800)726-8771 FAX No:(866)728-9168 a.DRESS:cathy-fleck@leavitt.com PO Box 65770 INSURERS AFFORDING COVERAGE NAIC # / INSURERAAXIS Surplus Insurance Company 26620 University Place WA 98464 INSURED INSURER B INSURERC: Robinson and Noble, Inc. INSURERD: dba: Robinson Noble, Inc. INSURER E: 2105 South C Street INSURER F: Tacoma WA 98402 COVERAGES urzm 11rta1r+1 c ivuinw�n _ -- ----- -- - - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [ OCCUR ADDL X SUBR Y POLICY NUMBER EMP1800010601 POLICY EFF MMIDDIYYYY 11/30/2018 POLICY EXP MM/DD/YYYY 11/0/2019 LIMITS ,e EACH OCCURRENCE $ 21 000, Qy DAMAGE TO RENTED 100,050 PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE / GENERAL AGGREGATE $ 4,000,b, EMP1800010601 11/30/2018 11/30/2019 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO 1�1JET LOC OTHER: Poll Liab/Claims Made AUTOMOBILE LIABILITY PRODUCTS - COMP/OPAGG $ 4,000, 0 Contractors Poll -Each Claim $ 2,000,000 COMBINED SINGLE LIMIT Ea accident)$ 2, 000, OQ° BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS X y EMP1800010601 11/30/2018 11/30/2019 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident)$ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ $ DED I RETENTIONS WORKERS COMPENSATION PER X OTH- STATUTE ER E -L. EACH ACCIDENT $ 11000 , 0 AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE- EA EMPLOYE $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A EMP1800010601 Washington Stop Gap 11/30/2018 11/30/2019 E.L- DISEASE -POLICY LIMIT $ 1, 000,000 A Professional Liability Claims Made EMP1800010601 11/30/2018 11/30/2019 Each Claim 2,000, D Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: Various Projects City of Bremerton is named as Additional Insured per the terms and conditions of forms CG 20 10 07 04, CG 20 37 07 04, CG 24 04 10 93, CG 25 03 03 97, PGI EL 018 0210, PG EL 019 02 10, PGI EL 020 0210 and PGI EL 022 02 10 attached CERTIFICATE HOLDEK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 345 6th Street, Suite 100 Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE Mark Hanks/CAFLEC .�. enoo nnAA Almon r`n DDnQ ATin M All rinhtc rPSPrVPd. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Any project when the Named Insured agrees, in a written contract, to provide a separate Designated Construction Project General Aggregate Limit. However, this status exists only for the project specified in that contract. In no event shall the Aggregate Limit of Insurance provided by this endorsement exceed $5,000,000 in total. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) gate Limit for any other designated construe- tion A. For all sums which the insured becomes legally project shown in the Schedule above. obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 4. The limits shown in the Declarations for Each 1), and for all medical expenses caused by acci- Occurrence, Fire Damage and Medical Ex - continue to apply. However, instead of dents under COVERAGE C (SECTION 1), which pense being subject to the General Aggregate Limit can be attributed only to ongoing operations at a single designated construction project shown in shown i htDDeclarations, such be Schedule above: subject tohpp Designatedlimitswill struction Project General Aggregate Limit. 1. A separate Designated Construction Project Aggregate Limit applies to each B. For all sums which the insured becomes legally General designated construction project, and that limit obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION is equal to the amount of the General Aggre- gate Limit shown in the Declarations. 1), and for all medical expenses caused by acci- dents COVERAGE C (SECTION 1), which 2. The Designated Construction Project General under cannot be attributed only to ongoing operations Aggregate Limit is the most we will pay for at a single designated construction project shown the sum of all damages under COVERAGE in the Schedule above: A, except damages because of "bodily injury" or "property damage" included in the 1. Any payments made under COVERAGE A "products -completed operations hazard", and for damages or under COVERAGE C for expenses shall reduce the amount for medical expenses under COVERAGE C medical available under the General Aggregate Limit regardless of the number of: or the Products -Completed Operations Ag- a. Insureds; gregate Limit, whichever is applicable; and b. Claims made or "suits" brought; or 2. Such payments shall not reduce any Desig- c. Persons or organizations making claims nated Construction Project General Aggre- or bringing "suits". gate Limit. 3. Any payments made under COVERAGE A C. When coverage for liability arising out of the for damages or under COVERAGE C for "products -completed operations hazard" is pro - medical expenses shall reduce the Desig- vided, any payments for damages because of nated Construction Project General Aggre- "bodily injury" or "property damage" included in gate Limit for that designated construction the "products -completed operations hazard" will project. Such payments shall not reduce the reduce the Products -Completed Operations Ag - General Aggregate Limit shown in the Decla- gregate Limit, and not reduce the General Ag - rations nor shall they reduce any other Des- gregate Limit nor the Designated Construction ignated Construction Project General Aggre- Project General Aggregate Limit. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CG 25 03 03 97 COMMERCIAL Policy Number EMP1800010601 GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR / ORGANIZATION ' A. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations : Locations Of Covered Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an Additional insured. However, this status exists only for the project specified in that contract. Information required to com tete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Policy number: EMP1800010601 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY,,-' AGAINST OTHERS TO US/`f This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Insurance Services Office, Inc., 1992 WAIVER OF SUBROGATION ENDORSEMENT This endorsement, effective attaches to and forms a part of Policy Number . This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: PROFESSIONAL LIABILITY COVERAGE CONTRACTORS POLLUTION LIABILITY COVERAGE SCHEDULE Name of Person or Organization: Endorsement Number: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. PGI EL 019 0210 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NONOWNED AUTO LIABILITY SCHEDULE Insurance is provided only with respect to those coverages for which a specific premium charge is shown: Coverage Sublimits of Insurance Additional Premium $1,000,000 Each CLAIM $ Included A. Hired Auto Liability $1,000,000 General Aggregate $1,000,000 Each CLAIM $ Included B. Nonowned Auto Liability $1,000,000 General Aggregate Regardless of the number of coverages involved: 1. the Sublimit of Insurance shown in this endorsement for Each CLAIM is the most WE will pay for all loss for DAMAGES and CLAIM EXPENSE arising out of any one CLAIM; and 2. the Sublimit of Insurance shown in this endorsement for the General Aggregate is the most WE will pay for all loss for DAMAGES and CLAIM EXPENSE for each POLICY PERIOD. The Sublimits of Insurance shown for A. and B. in the Schedule above are part of, and not in addition to, the Limits of Insurance shown on the Declarations. WE will not be obligated to undertake or defend any SUIT or proceeding, which is subject to the Sublimits of Insurance stated in this endorsement, after the applicable Sublimits of Insurance are exhausted. HIRED AUTO LIABILITY The insurance provided under COVERAGE A (SEC- TION 1) applies to BODILY INJURY or PROPERTY DAMAGE arising out of the maintenance or use of a HIRED AUTO by YOU or YOUR EMPLOYEES in the course of YOUR business. NONOWNED AUTO LIABILITY The insurance provided under COVERAGE A (SEC- TION 1) applies to BODILY INJURY or PROPERTY DAMAGE arising out of the use of any NONOWNED AUTO in YOUR business by any person other than YOU. With respect to the insurance provided by this endorsement: The exclusions, under COVERAGE A (SECTION 1), other than exclusions a., b., d., f. and L are deleted and the following exclusions are added: 1. BODILY INJURY: (b) To the spouse, child, parent, brother or sister of that EMPLOYEE as a consequence of paragraph (a) above. This exclusion applies: (a) Whether the insured may be liable as an employer or in any other capacity; and (b) To any obligation to share DAMAGES with or repay someone else who must pay DAMAGES because of the injury. This exclusion does not apply to: (a) Liability assumed by the insured under an INSURED CONTRACT; or (b) BODILY INJURY arising out of and in the course of domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any workers compensation law. (a) To an EMPLOYEE of the insured arising out of 2. PROPERTY DAMAGE to: and in the course of employment by the insured; (a) Property owned or being transported by, or rented or or loaned to the insured; or Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 1994 Page 1 of 2 PGI EL 022 0210 Page 1 of 2 (b) Property in the care, custody or control of the insured. WHO IS AN INSURED (SECTION II) is replaced by the following: Each of the following is an insured under this insurance to the extent set forth below: 1. YOU; 2. Any other person using a HIRED AUTO with YOUR permission; 3. With respect to a NONOWNED AUTO, any partner or executive officer of YOURS, but only while such NONOWNED AUTO is being used in YOUR business; and 4. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under 1., 2., or 3. above. None of the following is an insured: 1. Any person while performing duties related to the conduct of YOUR business with respect to BODILY INJURY to any co -EMPLOYEE of such person injured in the course of employment; 2. Any person while performing duties related to the conduct of YOUR business with respect to BODILY INJURY to any EMPLOYEE injured in the course of employment; 3. Any partner or executive officer with respect to any AUTO owned by such partner or officer or a member of his or her household; 4. Any person while employed in or otherwise engaged in duties in connection with an AUTO BUSINESS, other than an AUTO BUSINESS YOU operate; 5. The owner or lessee (of whom YOU are a sublessee) of a HIRED AUTO or the owner of a NONOWNED AUTO or any agent or EMPLOYEE of any such owner or lessee; or 6. Any person or organization 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. The following additional definitions apply: AUTO BUSINESS means the business or occupation of selling, repairing, servicing, storing or parking AUTOS. HIRED AUTO means any AUTO YOU lease, hire, rent or borrow. This does not include any AUTO YOU lease, hire, rent or borrow from any of YOUR EMPLOYEES or members of their households, or from any partner or executive officer of YOURS. NONOWNED AUTO means any AUTO YOU do not own, lease, hire, rent or borrow which is used in connection with YOUR business. However, if YOU are a partnership, a NONOWNED AUTO does not include any AUTO owned by any partner. Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 1994 PGI EL 022 0210 Page 2 of 2 ADDITIONAL INSURED ENDORSEMENT This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's liability arising out of COVERED OPERATIONS performed for that insured. PGI EL 018 0210 Page 1 of 1 AGENDA BILL CITY OF BREMERTON 6G CITY COUNCIL SUBJECT: Contract Modification No. 1 to Study Session Date: August 28, 2019 the Professional Services Agreement with COUNCIL MEETING Date: September 4, 2019 Robinson Noble, Inc. for Hydrogeological Department: Public Works & Utilities Oversight of Wells 2R and 7 Redevelopment Presenter: Cami Apfelbeck Phone: (360)473-2315 SUMMARY: On January 15, 2019 the City executed a Professional Services Agreement with Robinson Noble, Inc., to provide hydrogeological oversight for the redevelopment of water utility wells 2R and 7. The purpose of the project is to restore well efficiency. The redevelopment process took longer than anticipated, resulting in additional professional services labor hours. This Contract Modification increases contract expenditure to cover the additional professional services labor hours. No modifications to scope of work or term of contract is required. ATTACHMENTS: 1) Contract Modification No. 1; 2)Well Map. FISCAL IMPACTS (Include Budgeted Amount): This Contract Modification increases the not-to- exceed amount of the Professional Services Agreement by$12,000.00, resulting in a total expenditure of$36,600.00. Remaining funds in the 2019 Water Utility Capital Fund are available to cover the additional cost; a budget adjustment is not required. STUDY SESSION AGENDA: El Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification No. 1 to the Professional Services Agreement between the City of Bremerton and Robinson Noble, Inc.; and authorize the Mayor to finalize and execute Contract Modification No. 1 with substantially the same terms and conditions as presented. COUNCIL ACTION: X) Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND ROBINSON NOBLE, INC. PROJECT Hydrogeological Oversight- Well 2R and 7 Redevelopment CONSULTANT Robinson Noble, Inc. DATE September 4,2019 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract")#5911 entered into between the City of Bremerton and Robinson Noble, Inc. on January 15,2019. 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 III. Compensation , is modified as follows: The original contract amount was $24,600.00. The City shall pay the Consultant an additional amount not to exceed $12,000.00 for a total amended contract amount of$36,600.00 including this Contract Modification. H. 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. 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. Page 1 of 2 Contract Modification Rev.07/18 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 processC::;: ./e-'---------9/1.3//,(Initials and Date) ROBINSON NOBLE,INC. THE CITY OF�BREMERTON Bya .-T,,.. F By: t,J1A -- Pr-nt N me: James E. H Print Na • Greg Wheeler It . rtncipal Hydrogeolo tst Its: Mayor Date: /'/P/Lo/ 9 Date: °• It.ii, 120 t9 APPROVED AS TO FORM: ATTEST: By:-'v 'N. 11— Byar1.09 ZDC/6 ROGER A. LUBOVICH, Bremerton City Attorney ANGELA '.k‘ OODS, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev.07 2018.docx Page 2 of 2 Contract Modification Rev.07/18 e DATE(MMIDD/YYYY) A`CORD CERTIFICATE OF LIABILITY INSURANCE 11/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAI CONTACT Cathy Fleck Leavitt Group Northwest PHONE (800)726-877], `FAX (866)728-9169 .WC.tin FxU:_�-- I lA �NoI PO Box 65770 EMAILADDRESScathy-fleck@leavitt.com _ INSURERS)AFFORDING COVERAGE NAIL# University Place WA 9846426620 Surplus Insurance Comgany 26620 INSURED • iNSflRER B: Robinson and Noble, Inc. ,' INSURER C: dba: Robinson Noble, Inc. INSURER D: 2105 South C Street -J L. INSURER E: Tacoma WA 98402 INSURER F COVERAGES CERTIFICATE NUMBER:19-19 MASTER CERT 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. IEFP POLICY EXP LTR R TYPE OF INSURANCE ADDL SUER POLICPOLICY NUMBER IMMfODIYYYYt (MMIDP!VYY/1 LIMITS , L.,.n.,WYD, X COMMERCIAL GENERAL LIABILITY , EACH OCCURRENCE $ `-' 2,000,000 - olocr GE to-RENTED— 100,000 A I CLAIMS-MADE rX I OCCUR PREMISES Ea occurrence) $ X EMP1800010601 11/30/2018 11/30/2019 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ ✓ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: V GENERAL AGGREGATE $ ✓ 4,000,000 PRCS4,000,000 POLICY I X 178i, [ LOC PRODUCTS-COMP/OP AGG $ OTHER:Poll Liab/Claims Made EMP1800010601 11/30/2018 11/30/2019 Contractors Pot-Each Claim $ ,000,000 AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ f 2,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS EMP1800010601 11/30/2018 11/30/2019 BODILYINJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per ctiideol)._ ______ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ WORKERS COMPENSATION J STATUTE I X 1.Oi AND EMPLOYERS'LIABILITY -— ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L EACH ACCIDENT $ /1 000 r 000_ OFFICER/MEMBER EXCLUDED? �_ l N/A -- ,000,000 A (Mandatory in NH) EMP1800010601 11/30/2018 11/30/2019 E,L DISEASE-EAEMPLOYEE $ ‘./- If yes,describe under DESCRIPTION OF OPERATIONS below Washington Stop Gap EL DISEASE-POLICY LIMIT $ 1:000,000 /- A A Professional Liability EMP1800010601 11/30/2018 11/30/2019 Each Claim , // 2,000,000 Claims Made Aggregate 4,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (ACORD 101,AddltIonal Remarks Schedule,may be attached if more space Is required) RE: Twin Lakes ASR Designation The City of Bremerton is additiona1,insured as required by written contract per attached endorsements CG2010 07/04, CG2037 07/04, PGI EL 018 02 18 and PGI EL 020 02010 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of BremertonTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attar.=-Cami--Apofelbeck• 3'4 5 ( + t 5f- _ , C-!_l- ACCORDANCE WITH THE POLICY PROVISIONS. -188---Oyster -Bay—Ave-:--ti- Bremerton, WA 1-83I2 ,(:_S,3 ' AUTHORIZED REPRESENTATIVE Mark Hanks/CAFLEC {.LLL. 12> - r ...A ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Policy Number EMP1800010601 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations Any person(s)or organization(s)whom the Named Insured agrees, in a written contract,to name as an Additional insured. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by: 1.Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1.All work, including materials,parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2.That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Policy number: EMP1800010601 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations Any person(s)or organization(s)whom the Named Insured agrees, in a written contract,to name as an additional insured. However, this status exists only for the project specified in that contract. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury'or"property damage"caused, in whole or in part, by"your work"at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products- completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc.,2004 ADDITIONAL INSURED ENDORSEMENT This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE Name of Person or Organization: Any person(s) or organization(s)whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's liability arising out of COVERED OPERATIONS performed for that insured. PGI EL 018 0210 Page 1 of 1 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organization: Any person(s) or organization(s)whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory Status of this insurance. However, this status exists only for the project specified in that contract. In consideration of the premium charged, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. PGI EL 020 0210 Page 1 of 1 �® AcDATE(MM/DD/YYYY) L------ CERTIFICATE OF LIABILITY INSURANCE 1/3/2019 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT CathyFleck NAME: Leavitt Group Northwest PHONE No,Ext): (800)726-8771 ;AC No)_(866)728-9168 PO Box 65770 E-MAIL ADDRESS:Cathy-fleck®1eavitt.com INSURER(S)AFFORDING COVERAGE NAIC# University Place WA 98464 INSURERAAXIS Surplus Insurance Company 26620 INSURED V th....._64t.„ INSURER B: Robinson and Noble, Inc. ,..,/ 6 Gf INSURERC: dba: Robinson Noble, Inc. ' 1 INSURERD: 2105 South C Street INSURERE: - Tacoma WA 98402 1 ,: INSURER F COVERAGES CERTIFICATE NUMBER:18-19 MASTER CERT 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 INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS f X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ / 2,000,000 A CLAIMS-MADE X OCCUR VPRMMGE TO RENTED 100,000 PREMISES(Ea occurrence) $ X Y EMP1800010601 11/30/2018 11/30/2019 MED EXP(Any one person) $ 10,000 ,V PERSONAL&ADV INJURY $ V 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Z4,000,000 POLICY X 'ECOT LOC PRODUCTS-COMP/OPAGG $ V4,000,000 OTHER:Poll Liab/Claims Made EMP1800010601 11/30/2018 11/30/2019 Contractors Poll-Each Claim $ /,,e,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ v 2,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS x y EMP1800010601 11/30/2018 11/30/2019 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ ' EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER X 0TH- AND EMPLOYERS'LIABILITYY/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ /1,000,000 OFFICER/MEMBER EXCLUDED? N/A A (Mandatory in NH) EMP1800010601 11/30/2018 11/30/20191 E.L.DISEASE-EA EMPLOYEE $ ,./ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below Washington Stop Gap E.L.DISEASE-POLICY LIMIT $ 1,000,000 • A Professional Liability EMP1800010601 11/30/2018 11/30/2019 Each Claim /7 2,000,000 Claims Made Aggregate '/ 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Various Projects City of Bremerton is named as Additional .tnsured per the terms and conditions of forms CG 20 10 07 04, CG 20 37 07 04, CG 24 04 10 93, CG 25 03 03 97, PGI EL 018 0210, PG EL 019 02 10, PGI EL 020 0210 and PGI EL 022 02 10 attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of BremertonTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street, Suite 100 '..- Bremerton, .'Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE “.. ..Lit----Mark Hanks/CAFLEC &L b - moi+. ../ it-----' ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I NS025(201401) Additional Named Insureds Other Named Insureds Robinson Noble, Inc. Doing Business As OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Any project when the Named Insured agrees, in a written contract, to provide a separate Designated Construction Project General Aggregate Limit. However, this status exists only for the project specified in that contract. In no event shall the Aggregate Limit of Insurance provided by this endorsement exceed $5,000,000 in total. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally gate Limit for any other designated construc- tion obligated to pay as damages caused by project shown in the Schedule above. "occurrences" under COVERAGE A (SECTION 4. The limits shown in the Declarations for Each I), and for all medical expenses caused by acci- Occurrence, Fire Damage and Medical Ex- dents under COVERAGE C (SECTION I), which pense continue to apply. However, instead of can be attributed only to ongoing operations at a being subject to the General Aggregate Limit single designated construction project shown in shown in the Declarations, such limits will be the Schedule above: subject to the applicable Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit. General Aggregate Limit applies to each B. For all sums which the insured becomes legally designated construction project, and that limit obligated to pay as damages caused by is equal to the amount of the General Aggre- "occurrences" under COVERAGE A (SECTION gate Limit shown in the Declarations. I), and for all medical expenses caused by acci- 2. The Designated Construction Project General dents under COVERAGE C (SECTION I), which Aggregate Limit is the most we will pay for cannot be attributed only to ongoing operations the sum of all damages under COVERAGE at a single designated construction project shown A, except damages because of "bodily injury" in the Schedule above: or "property damage" included in the 1. Any payments made under COVERAGE A "products-completed operations hazard", and for damages or under COVERAGE C for for medical expenses under COVERAGE C medical expenses shall reduce the amount regardless of the number of: available under the General Aggregate Limit a. Insureds; or the Products-Completed Operations Ag- gregate Limit, whichever is applicable; and b. Claims made or"suits" brought; or 2. Such payments shall not reduce any Desig- c. Persons or organizations making claims nated Construction Project General Aggre- or bringing "suits". gate Limit. 3. Any payments made under COVERAGE A C. When coverage for liability arising out of the for damages or under COVERAGE C for "products-completed operations hazard" is pro- medical expenses shall reduce the Desig- vided, any payments for damages because of nated Construction Project General Aggre- "bodily injury" or "property damage" included in gate Limit for that designated construction the "products-completed operations hazard" will project. Such payments shall not reduce the reduce the Products-Completed Operations Ag- General Aggregate Limit shown in the Decla- gregate Limit, and not reduce the General Ag- rations nor shall they reduce any other Des- gregate Limit nor the Designated Construction ignated Construction Project General Aggre- Project General Aggregate Limit. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 D. If the applicable designated construction project E. The provisions of Limits Of Insurance (SECTION has been abandoned, delayed, or abandoned III) not otherwise modified by this endorsement and then restarted, or if the authorized contract- shall continue to apply as stipulated. ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction project. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CG 25 03 03 97 -0s - .t-4 , S61 ! 1 , -r Sqt--tit A�O® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/5/2019 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain poI"'e may e i an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).y$ - -.� '` ' PRODUCER CONTACT Cathy Cth Fleck NAME: y Leavitt Group Northwest DEC 16 2019 PHONE(A/C,No,Ext): (g00)726-8771 FAX _(A/C,No): (866)729-9168 PO Box 65770 E-MAIL ADDRESS: cathy-fleck@leavitt.com City of Bremerton INSURER(S) AFFORDING COVERAGE NAIC# University Place WA 98464 �?isk Management INSURER A:Crum & Forster Specialty Insurance Co INSURED INSURERB:Ohio Security Insurance Co Robinson and Noble, Inc, DBA: Robinson Noble, Inc. INSURERC:Ohio Casualtyy Insuran/Q'e Co 2105 South C St. INSURER D: 0 L ) J t .h7'( lc]'b-( INSURER E: t ) Q. f 111'-' S CI Tacoma WA 98402 INSURER F COVERAGES CERTIFICATE NUMBER:19/20 Master 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 LTR TYPE OF INSURANCE A INSD WVD POLICY NUMBER DDL SUBR POLICY EFF POLICY EXP LIMITS (MM/DDIYYVY) (MMIDDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2 S 0,000 DAMAGETORENTED A CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 100,000 X Y EPK-129209 11/30/2019 11/30/2020 MED EXP(Any one person) $ 10,000 ` /1 PERSONAL &ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: 1 GENERAL AGGREGATE $ 4,Crtr0,000 POLICY X LOC PRODUCTS-COMP/OPAGG $ 4 000,000 OTHER. - $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Nr2',000,000 (Ea accident) B ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS X HKS56823788 11/30/2019 11/30/2020 BODILY INJURY(Per accident) $ _ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ C X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 2j600,000 EXCESS LIAB CLAIMS-MADE ES056823788 11/30/2019 11/30/2020 AGGREGATE $ 2,000,000 DED X RETENTION$ Excess Automobile Liability $ WORKERS COMPENSATION PER X OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A T A (Mandatory in NH) EPx-129209 11/30/2019 11/30/2020 E.L.DISEASE-EA EMPLOYEE $ 000,000 If yes,describe under V DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Bremerton is named as Additional Insured per the terms and conditions of forms EN0319 02/11, EN0118 02/il, EN0301 09/14 and CG8901 12/08 attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 345 6th Street, Suite 100 Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE /� D E. O1soh/CAFLEC T/6 v i ',-- a ,,_,,__ 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Additional Named Insureds Other Named Insureds Robinson Noble, Inc. Doing Business As OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -‘,/ COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s): Where Required By Written Contract SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated in the Schedule shown above performed for that additional insured and included in the "products- completed operations hazard". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0319-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) Where Required by Written Contract A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non�pntributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of"your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Under the Common Provisions, Section IV — LIMITS OF INSURANCE AND DEDUCTIBLE, item 2. is amended by the addition of the following: The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0301-0914 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 89 01 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage ® A. Hired Auto Liability ® B. Non-Ownership Liability A. Insurance is provided only for those coverages when an "X" is shown in the Declarations or in the Schedule. 1. Hired Auto Liability The insurance provided under Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto" by you or your "employees" in the course of your business. 2. Non-Owned Auto Liability The insurance provided under Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, applies to "bodily injury" or "property damage" arising out of the use of any "non-owned auto" in your business by any person. B. For insurance provided by this endorsement only: 1. The exclusions, under Paragraph 2. Exclusion of Section 1 - Coverage A - Bodily Injury and Prop- erty Damage Liability, other than exclusions a., b., d., f., and i. and the Nuclear Energy Liability Exclusion, are deleted and replaced by the following: a. "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Para- graph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay the dam- ages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) "Bodily Injury" arising out of and in the course of domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any workers compensation law. b. "Property damage" to: Includes copyrighted material of Insurance Services Office, Inc., CG 89 01 12 08 with its permission. Page 1 of 2 (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. 2. Section II, Who Is An Insured, is replaced by the following: 1. Each of the following is an insured under this endorsement to the extent set forth below: a. You; b. Any other person using a"hired auto" with your permission; c. For a"non-owned auto": (1) any partner or "executive officer" of yours; or (2) any "employee" of yours but only while such "non-owned auto" is being used in your business; and d. Any other person or organization, but only for their liability because of acts or omissions of an insured under a., b. or c. above. 2. None of the following is an insured: a. Any person engaged in the business of his or her employer for "bodily injury" to any co-"employee" of such person injured in the course of employment, or to the spouse, child, parent, brother or sister of that co-"employee" as a consequence of such "bodily injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury. b. Any partner or "executive officer" for any "auto" owned by such partner or officer or a member of his or her household; c. Any person while employed in or otherwise engaged in duties in connection with an "auto business", other than an "auto business" you operate; d. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner of a "non-owned auto" or any agent or "employee" of any such owner or lessee; e. Any person or organization for the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. C. Section III -Limits of Insurance, Paragraph 2., The General Aggregate Limit, does not apply. D. The following additional definitions apply: 1. "Business" means the business or occupation of selling, repairing, servicing, storing or parking "autos". 2. "Hired Auto" means any "auto" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", your partners or you "executive Officers" or members of their households. 3. "Non-Owned Auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your "employees", your partners or "executive officers", or members of their households, but only while used in your business or your personal affairs. Includes copyrighted material of Insurance Services Office, Inc., CG 89 01 12 08 with its permission. Page 2 of 2