Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
5758
SUBJECT: Contract Modification Agreement No. 2 with BHC Consultants, LLC for the Sewage Pump Station CW-4 Upgrade and OF-12 Modifications AGENDA BILL CITY OF BREMERTON 5 K CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: February 12, 2020 February 19, 2020 Engineering Bill Davis (360) 473-2312 SUMMARY: Contract Modification No. 2 amends the Professional Services Agreement with BHC Consultants for engineering services associated with the Sewage Pump Station CW-4 Upgrade and OF-12 Modifications. The additional services include providing startup and testing support and additional engineering services during construction as requested by the City. Contract Modification No. 1 increased the original contract amount of $260,760 to $347,508. This current contract modification increases the contract amount by $19,817 for an amended contract amount of $367,325. Additionally, the contract term will be extended to June 30, 2020. ATTACHMENTS: 1. Contract Modification No. 2; 2. Exhibits A and B FISCAL IMPACTS (Include Budgeted Amount): The work is fully funded in the Wastewater budget. STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: RI Consent Agenda ❑ General Business ❑ Public Hearing Consent Agenda RECOMMENDED MOTION: Move to approve Contract Modification Agreement No. 2 with BHC Consultants for the Sewage Pump Station CW-4 Upgrade and OF-12 Modifications in the amount of $19,817; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 CONTRACT MODIFICATION A REEMENT NO. 2 BETWEEN THE CITY OF BREMERTON A 'D BHC CONSULTANTS, LLC PROJECT: Sewage Pump Station CW-4 Upgrade an OF-12 Modifications CONSULTANT: BHC Consultants,LLC DATE: January 22,2020 THIS CONTRACT MODIFICATION AGREEMEN SPECIFICALLY AMENDS THE Sewage Pump Station CW-4 Upgrade and OF-12 Modifications AGREEMENT (the "Contract")entered into between the City of Bremerto and BHC Consultants on November 15,2017 and Contract Modification Agreement No. 1 ated August 28,2018. All provisions in the Contract shall remain in full force an' effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties,the modifications to the Contract are as follows: I. Section L Scone ,is modified as follows: Se attached Exhibit A. Section II. Term , is modified as follows: The Consultant shall complete the work described in his Contract Modification Agreement by June 30, 2020. Section III. Compensation , is modified as follows: The original contract amount was Two Hundred Sixty Thousand Seven Hundred Sixty Dollars ($ 260,760.00). The current contract amount, including all previous amendments is Three Hundred Forty Seven Thousand Five Hundred Eight Dollars ($ 347,508.00)J The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed Nineteen Thousand Eight Hundred Seventeen Dollars($ 19,817.00)for a total amended contract amount of Three Hundred Sixty Seven Thousand Three Hundred Twenty Five Dollars ($ 367,325.00), including this Contract Modification. See attached Exhibit B. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. Page 1 of 2 Contract Modification No.2 January 2020 Sewage Pump Station CW-4 Upgrade and OF-12 Modifications The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any,for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change,and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. j City Engineer/Public Works Director approved to process V� Z//-I /(Initials and Date) BHC CONSULTANTS,LLC THE CITY OF BREMERTON�} By, By: W ...1.., Print Name: 0-11-MeS q/14)" Print Name: G fatq t4 tics I C Its:4ti /l74 14 CV" flee /,A9 SIT Its: /4 ye r �J Date: 2r3/249 Date: 2./Z[. I zo z o APPROVED AS TO FORM: ATTEST: By:i✓"n. > 7.✓ By: (lattkattlA 41 ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: BHC Consultants, LLC City of Bremerton 1601 Fifth Avenue, Suite 500 ATTN: Engineering Division Seattle, WA 98101 345 6th Street, Suite 100 Bremerton, WA 98310 Page 2 of 2 Contract Modification No.2 January 2020 Sewage Pump Station CW-4 Upgrade and OF-12 Modifications EXHIBIT A CITY OF BREMERTON SEWAGE PUMP STATION CW-4 UPGRADE AND OF-12 MODIFICATIONS AMENDMENT 2, SCOPE OF SERVICES JANUARY 13,2020 Statement of Understanding,Amendment 2 The City has requested BHC to provide startup and testing services,and to include additional budget for engineering services during construction.To accomplish these objectives,the following tasks will be performed under this Amendment 2. Task 061 —Engineering Services During Construction Description: Provide engineering assistance during startup and testing, and additional engineering services during construction as requested by the City. Receivables from City: 1) None. Work Tasks: 1) Startup and Testing. a) Develop startup and testing checklist. b) On-site consultation for pump station start-up and testing to verify and document that the systems are functioning as intended,check input/output signals,check normal, automatic, and manual operation of all equipment and alarm systems. It is assumed that the City's programmer and Contractor's controls system integrator will be on-site for start-up and testing.On-site consultation includes 8 hours for mechanical engineer,8 hours for electrical/controls engineer, and 8 hours for a senior engineer, including travel time. 2) Additional Engineering Services During Construction. a) Review submittals, respond to RFIs,and provide other engineering assistance as requested by the City. Deliverables: 1) Pump station startup and testing checklist. Assumptions: 1) None. Meetings: 1) None. Budget The Project Budget is$19,817,and is attached as Exhibit B. Contract Term The Contract Term is extended to June 30,2020 since the construction is under way and will be completed during 2020. Page 1 BHC Consultants Contract Modification #2 City of Bremerton PS CW-4 Upgrade and OF-12 Modifications EXHIBIT B - FEE SCHEDULE Fee Estimate for Contract Modification#2 17-10549 Date: January 13,2020 Principal Proj.Mgr Proj.Engr. Tech AdviDAQC Structural Engr. Electrical Engr. CAD Clerical Acctg BHC lira G. Peter C. Casey B. Tony F. Gustavo F. Nate P. CAD,blended Sarah S. Uma P. Direct Labor Rate $73.67 $58.00 $33.96 $71.06 $58.52 $64.27 $40.76 $28.22 $36.58 Task# Billing Rate @ 3.10 Multiplier $228.38 $179.80 ' $105.28 $220.29 $181.41 $199.23 $126.34 $87.47 $113.38 Hours Expenses Cost # Task Name Hours I Costs Hours I Costs Hours I Costs Hours J Costs Hours i Costs Hours I Costs Hours I Costs Hours I Costs Hours I Costs 061 Eng.Services during Construction Sanup and Testing 1 $228 18 $2,877 8 $842 4 $881 $0 8 $1,594 $0 $0 $0 37 ' $193 $6,615 Engineering Services during Construction 1 $228 24 $4,315 24 $2,527 8 $1,762 $0 20 $3,985 $0 SO $0 77 $385 $13,202 Subtotal 2 $457 40 $7,192 32 $3,369 12 $2,643 0 • $0 28 $5,578 0 $0 0 $0 0 $0 114 $577 19,816.9 Total Budget 2 $457 40 $7,192 32 $3,369 12 $2,643 0 $0 28 $5,578 0 $0 0 $0 0 $0 114 $577 $19,817 T:\PROJECT FILES\PROJECT-Utility Files\5835-CW-4 Upgrade-was 325006\200 CONTRACTS&AGREEMENTS\2 CONTRACT-AGREEMENT\BHC\CM No.2\Exhibit B_BHC CM 2 cost breakdown_200108 Page 1 of 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5 L SUBJECT: Professional Services Study Session Date: Agreement with BHC Consultants for the COUNCIL MEETING Date: Sewage Pump Station CW -4 Upgrade and Department: OF -12 Modifications Project Presenter: Phone: November 8, 2017 November 15, 2017 Public Works & Utilities Tom Knuckey (360) 473-2376 SUMMARY: Based on an evaluation of four qualified consultants from the MRSC Consultant Roster, the City has selected BHC Consultants to provide engineering services and limited construction support for the Sewage Pump Station CW4 and OF -12 Modifications Project. The improvements at CW -4 and OF -12 will reduce combined sewer overflow events at OF -11 in Anderson Cove Basin. The total contract value is $260,760. ATTACHMENTS: 1) Professional Services Agreement with attachments Exhibits A through D 2) Vicinity Map ..,.FISCAL_IMPACTS.:(Include.Budgeted:Amount):.,,rThe; project is.in•the:20.17: budget -for.design and is included in the proposed 2018 budget for design and construction. STUDY SESSION AGENDA: ® No Presentation ❑ Full`Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with BHC Consultants in the amount of $260,760 for the Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 l PROFESSIONAL SERVICES AGREEMENT Sewage Pump Station CW -4 Upgrade and OF -12 Modifications / Project #: 32006 The City of Bremerton ("City") and BHC Consultants, LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated October 24, 2017, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services, such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. 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 $260,760. 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 Exhibits C and D. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/BHC Consultants October 2017 Sewage Pump Station CW -4 Upgrade and OF -12 Modification Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent 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 Bremerton/BHC Consultants October 2017 Sewage Pump Station CW -4 Upgrade and OF -12 Modification Page 2 of 7 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per -accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no 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. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any Bremerton/BHC Consultants October 2017 Sewage Pump Station CW -4 Upgrade and OF -12 Modification Page 3 of 7 operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6t' Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, 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. Bremerton/BHC Consultants October 2017 Sewage Pump Station CW -4 Upgrade and OF -12 Modification Page 4 of 7 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 Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address: City of Bremerton Attn: Engineering Division 345 Sixth Street, Suite 600 Bremerton, WA 98310 Consultant Address: BHC Consultants 1601 Fifth Avenue, Suite 500 Seattle, WA 98101 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. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/BHC Consultants October 2017 Sewage Pump Station CW -4 Upgrade and OF -12 Modification Page 5 of 7 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 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 Bremerton/BHC Consultants October 2017 Sewage Pump Station CW -4 Upgrade and OF -12 Modification Page 6 of 7 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment: For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON (Signature) By: Patty Lent (Print name) its: Mayor Date: CONSULTANT J�ignature) R:\Legal\Legal\Contracts\FORMS\Professional Services Agreement Form (2016).doc (Print name) its: vko ;oi2ESiaay'rT' Date: Attest: City Clerk Bremerton/BHC Consultants October 2017 Sewage Pump Station CW -4 Upgrade and OF -l2 Modification Page 7 of 7 This page intentionally left blank. EXHIBIT A CITY OF BREMERTON SEWAGE PUMP STATION CW -4 UPGRADE AND OF -12 MODIFICATIONS SCOPE OF SERVICES OCTOBER 24, 2017 Statement of Understanding The City of Bremerton (the City) has identified upgrades to Pump Station CW -4 as a necessary step in its combined sewer overflow (CSO) reduction program for Anderson Cove Basin (ACB). CW -4 is located at the northern end of Ohio Avenue just above the Ordinary High -Water Mark of the Port Washington Narrows. The existing pump station receives flow from Sub -basin 12 and discharges at about 500 gpm to a force main on the beach that conveys the flow past Overflow 11 (OF -11) to Pump Station CW -1. The flow transitions from pressurized flow to gravity flow as it passes by OF -11. The project will strive to achieve or allow for future accommodation of the following goals: 1) Reduce overflows at OF -11 through re -direction of CW -4 pumped flow away from the beach force main. 2) Relocate CW -4 to an upland location if cost effective and feasible. 3) Redirect all or most of the CW -4 flow to an existing 8 -inch force main along Ohio Avenue, which would then convey the flow into the Crosstown Pipeline or the gravity sewer along 1311 Street. 4) Anticipate the redirection of beach laterals to upland gravity sewers or low-pressure sewers. 5) Anticipate the long-term abandonment of the gravity beach mains serving CW -4 and the beach force main. 6) Provide onsite emergency backup power at CW -4. To achieve these goals, the project will evaluate alternatives to improve (or replace) CW -4, to convey all or most of the Sub -basin 12 flow to the 8 -inch Ohio Avenue force main, and to identify improvements to OF -12. Based on the initial evaluation presented by BHC Consultants, LLC in our proposal, the project will likely include the construction of a new duplex pump station and valve vault near the northern end of Ohio Avenue, between the existing OF -12 vault and the existing CW -4. It is assumed that odor control facilities will not be required. In addition, a new force main from the new pump station to the existing 8 -inch force main in Ohio Avenue will also be installed, which will divert some or all of the pumped flow away from CW -1. Consideration will be given to replumbing the existing CW -4 to discharge into the new pump station, thus diverting all Sub -basin 12 flow, or allowing the existing CW -4 to continue to pump flows from the gravity beach sewer to CW -1 until a future low-pressure system is installed to remove the beach gravity sewer from service. All elements of the project are assumed to be in public right of way or on existing easements, and no additional easements will be required. A new pump station is assumed to include the following elements: 1) Concrete manhole wet well. 2) Duplex submersible pumps with associated piping. 3) Valve vault. 4) Electrical, instrumentation, and controls, including telemetry equipment. 5) Onsite emergency backup generator, with outdoor sound enclosure. 6) Manufactured building to house the electrical equipment. Project Approach and Scope BHC Consultants, LLC (BHC) will provide engineering services to support these upgrades. In general, these services will include: 1) Evaluation of alternatives for improving CW -4, OF -12, and the respective piping. 2) Preparation of Preliminary Design Report. Page 1 City of Bremerton Exhibit A Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services 3) Preparation of 60% and 90% complete contract documents for review by the City. 4) Preparation and submittal of applications for the permits needed to construct the proposed improvements 5) Preparation of bid documents to be used by the City to solicit construction bids. 6) Support of City staff during bidding and construction. The proposed facilities will be designed in accordance with the requirements of the current edition of the 'Criteria for Sewage Works Design' by the Department of Ecology and City of Bremerton standards. The Contractor will be required to maintain continuous sewerage service for the City throughout construction. Temporary facilities including temporary bypass pumping and pipelines (designed by the Contractor) may be required during construction. Traffic engineering services will not be required. BHC will subcontract with: 1) AES Consultants, Inc (AES) to provide control, boundary, and topographic survey information. 2) Landau Associates (Landau) to provide geotechnical and environmental permitting services. Separate tasks will be used to track and monitor progress for the upgrades. Each task description includes the following six components: 1) Description: Summary description of task. 2) Receivables from City: Elements that will be provided by the City. 3) Work Tasks: Tasks that will be completed by BHC or its sub -consultants. 4) Deliverables: The finished product that will be delivered to the City. 5) Assumptions: Assumptions used to develop each Work Task. 6) Meetings: Meetings identified for each Work Task. This component assumes: BHC's team will work to minimize attendees at meetings; meetings with City staff will be conducted at the City's offices or via teleconference; and community meetings, if required, will be held at a location near the project site. Task 010 — Project Management Description: Track and monitor the progress of the project and coordinate with the design team, including City staff. Receivables from City: 1) Approved Contract 2) Review and comment on draft documents (agendas, meeting minutes, project management plan, etc.) Work Tasks: 1) Coordinate with City and design team: Attend kickoff meeting at the City and coordinate with City staff and design team by phone on a bi-weekly basis to review current and upcoming tasks, deliverables and coordination efforts. Attend quarterly progress meetings at the City. 2) Invoicing/Status Reports: Provide monthly invoices with project status summary reports. 3) Project Management Plan: Prepare a Project Management Plan that includes the signed contract, scope of work and budget, baseline project schedule, stakeholders register, and other pertinent project management procedures. 4) Perform quality assurance/quality control (QA/QC) reviews. Deliverables: 1) One (1) electronic copy (Adobe pdf format) of meeting agendas. 2) "One (1) electronic copy (Adobe pdf format) of the draft and final meeting minutes for each meeting. 3) Monthly status reports with invoices and updated monthly schedule (Adobe pdf format). 4) Up to two (2) hard copies and one (1) electronic copy (Adobe pdf format) of the Project Management Plan. October 24, 2017 Page 2 City of Bremerton Exhibit A Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services Assumptions: 1) Kickoff meeting will be held at the City and will be attended by BHC's project manager, project engineer and environmental permitting lead. BHC will prepare an.agenda for the meeting as well as draft and final meeting minutes. This meeting will review the roles and objectives for the project and discuss/identify data requirements and needs. 2) Quarterly team meetings will be held at the City and will be attended by BHC's project manager, project engineer, and others, as appropriate. 3) Bi -weekly coordination meetings will be conducted via conference calls. 4) Earned Value Management tracking will be used to monitor project status. 5) The project status summary reports will include a brief description of the services provided during the current invoicing period as well as a summary of the anticipated services for the next invoicing period. 6) QA/QC reviews will be performed on: a) The Preliminary Engineering Report, 60%, 90%, and final design submittals. b) Reviews will be performed by the project manager and a senior or principal level engineer not directly involved in the design efforts. 7) The target completion date for the project will be the end of 2018. Meetings: 1) One (1) project kickoff meeting up to four (4) hours in length (including travel time). 2) Five (5) quarterly team meetings up to four (4) hours each in length (including travel time). 3) Biweekly project team conference calls up to one (1) hour each in length. Task 020 — Preliminary Engineering Description: The primary purpose of this phase is to gather information on the existing system and to evaluate alternatives for upgrading or replacing CW -4, with the intent of selecting a preferred alternative that will go forth into design and construction. Preliminary notifications to the public will also be included as part of this task. Receivables from City: 1) Maps, record drawings and copies of easements for the existing sewer system and facilities, including the location of the 8 -inch force main on Ohio Avenue. 2) Copies of the City's design standards, if any (electronic format preferred). 3) Written review comments on draft reports and memorandums. 4) Public meeting dates and venues. 5) City to perform drawdown testing and review historic pumping rates in order to provide BHC with CW -4 existing and future sewage flow rates. 6) City to determine the discharge location for the 8 -inch Ohio Avenue force main (13th Street sewer or Crosstown Pipeline), including discharge pressure conditions for the latter option. Work Tasks: 1) Collect, review, and discuss data provided by City. 2) Coordinate with AES to perform the following surveying services: a) Develop a boundary and control survey along Ohio Avenue in two segments: (1) from approximately 100 ft. south of 13th Street to 200 ft. north of 131h Street, and (2) from the north end of Ohio Avenue at the shoreline, including the existing manhole located in Washington Narrows and exposed during low tide, to approximately 600 ft. south along Ohio Avenue. Total surveyed distance is approximately 900 ft. The boundary and control survey includes: i) Establishing control points and setting temporary bench marks that may be used for design and construction purposes later in the project. October 24, 2017 Page 3 City of Bremerton Exhibit A Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services ii) Performing boundary survey to verify rights of ways, easements and property boundaries. iii) Researching survey records as required to support the control survey and boundary determinations. iv) Determining rights-of-way and their intersections with adjoining property lines based on the control survey work, research and investigations. b) Conduct a topographic survey for the full width of the right of way as identified in the Work Task above, (1) from approximately 100 ft. south of 13th Street to 200 ft. north of 13th Street, and (2) from the north end of Ohio Avenue at the shoreline, including the existing manhole located in Washington Narrows and exposed during low tide, to approximately 600 ft. south along Ohio Avenue. Total surveyed distance is approximately 900 ft. The topographic survey includes: i) Locating utilities (including service lines) using the services of a private utility locating company to mark locatable underground utilities within the project area. ii) Contacting the various utility companies and agencies to obtain underground utility mapping and as-builts and incorporate said information into the base map drawings as appropriate. iii) Collecting topographic information of locations and elevations of visible physical surface features. iv) Confirm key conveyance invert elevation information. v) Coordinate with City staff to identify key utilities that may need to be potholed. If potholing is required, either the City can perform or an amendment to this scope of services will be required. 3) Coordinate with Landau to perform the following preliminary environmental permitting services: a) Locate the ordinary high-water mark for Anderson Cove/Washington Narrows and delineation of critical areas within the project area. b) Conduct a preliminary evaluation of the site to determine specific permit applications and approvals required for the pump station improvements and pipeline installation. c) Complete a review of readily available documentation/databases and conduct a limited site reconnaissance to identify environmental resources in the project area. The environmental resources that are identified will include those considered as part of SEPA compliance. d) Review the pump station'' alternatives to identify potential impacts to the environmental resources and the permitting needs associated with those resources. e) Conduct one onsite preapplication meeting with the Washington Department of Fish and Wildlife (WDFW) Area Habitat Biologist to address the project work adjacent to Anderson Cove/Washington Narrows and the requirements for a Hydraulic Project Approval (HPA). f) Prepare a permitting matrix that summarizes the anticipated environmental and permitting considerations, resources in the project corridor, anticipated permit/compliance requirements associated with specific environmental resources, and project activity that may require submittal of preconstruction permit applications. Develop a schedule that provides a timeline for the permitting process. g) Prepare a figure that identifies relevant environmental resources in the project area. Waterway and associated buffer delineation, if necessary, will be completed during the design phase. Sensitive species locations will notbe identified on project mapping. h) SEPA will be used as a guide for identification of environmental elements to be addressed as part of project permitting/authorizations. 4) Coordinate with Landau to perform the following geotechnical services: a) Compile and review readily available geologic and geotechnical information and conduct a brief geologic reconnaissance of the site. This information will be used to gain a general understanding of past human activities (filling, construction, etc.) and the underlying geology in the area. b) Analyze available geologic and geotechnical information and develop preliminary geotechnical engineering conclusions and recommendations to support the evaluation of alternatives. 5) Evaluate up to four (4) alternatives for the upgrade or replacement of Pump Station CW -4. The evaluations will be a simplified expansion of the thoughts and concepts included in BHC's proposal for the project. All October 24, 2017 Page 4 City of Bremerton Exhibit A Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services alternatives will include flow conveyance to the 8 -inch Ohio Street force main, with the sewer flow rate and discharge pressure provided to BHC by the City. Select the preferred alternative in concert with City, and prepare a Preliminary Engineering Report, which represents an approximate 30% complete level of design. Prepare a planning level opinion of probable construction cost (OPCC) for the preferred alternative only. The Preliminary Engineering Report will comply with the requirements of Section G1-4.1 of the Criteria for Sewage Works Design published by the Department of Ecology and will include the following: a) Summary of the alternative evaluations, including text and graphics, major construction elements, baseline design criteria, and permitting matrix. b) Summary of the hydraulic analysis. c) Preliminary 30% level design drawings for the preferred alternative, including a site plan identifying the location and layout of the facilities. d) Preliminary specifications table of contents. e) Preliminary project schedule for design and construction. f) Planning level opinion of probable construction cost (OPCC) for the preferred alternative, based on the 30% level design. City comments on the draft report will be incorporated and the final report submitted for the record. 6) Perform hydraulic design on the preferred alternative. a) Size the pumps and the wet well. b) Perform a transient analysis for the station and force main. The computer-based transient analysis will investigate the expected transient pressures at the station and in the force main to define appropriate improvements or measures, if any, to mitigate unacceptable pressures. The analysis will review the following conditions: i) Power failure with one pump operating. ii) Normal startup with one pump operating. iii) Normal shutdown with one pump operating. 7) Initiate public outreach efforts, to include the following: a) Prepare an informational flyer that identifies the need for the project and summarizes the anticipated improvements. The City may send copies of the flyer directly to the impacted public or use the information on the flyer to prepare a post card mailer or door tags. The City will be responsible for developing the post card mailer and door tags as well as all mailings or hanging of the door tags. b) Hold one public meeting to present the project to the public. BHC will prepare an agenda and presentation for the meeting. The City will be responsible for obtaining a venue for the meeting and providing notification of the meeting's location and schedule to the public. Deliverables: 1) One (1) electronic copy (Adobe pdf and AutoCAD format) of the boundary and topographic survey mapping. 2) One (1) electronic copy (Adobe pdf format) of the draft and final permitting matrix. 3) One (1) electronic copy (Adobe pdf format) of the draft and final figure(s) that identify relevant environmental resources in the project area. 4) One (1) electronic copy (Adobe pdf format) of a site plan layout for the preferred alternative. 5) One (1) electronic copy (Adobe pdf format) of the draft and final Preliminary Engineering Report. 6) One (1) electronic copy (Adobe pdf format) of a public outreach flyer. 7) One (1) electronic copy (Adobe pdf format) of an agenda and presentation for the public meeting. Assumptions: 1) The project footprint will be contained within the existing right-of-way to the east and west, and above the ordinary high-water mark. The new CW -4 pump station will be located between the existing OF -12 vault and the existing CW -4, and replacement of the OF -12 vault is not anticipated. 2) City to provide current and future flow requirements, including peak flows. 3) City to determine which discharge option from the south end of existing 8 -inch force main is preferable. If October 24, 2017 Page 5 City of Bremerton Exhibit A Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services discharge into the Crosstown pipeline is selected, City to provide BHC with discharge pressure requirements. 4) The emergency backup generator will be housed in an outdoor sound enclosure. The electrical components will be housed in a premanufactured Control Building, similar to other buildings within the City as manufactured by Blazer Industries or Romtec Utilities. 5) BHC will initiate discussions with Puget Sound Energy (PSE) about power availability at the site, and will coordinate with PSE throughout the project design. 6) Due to the existing development and previous disturbed nature of the CW -4 site, this scope assumes no wetlands are present. If wetlands are present, an amendment to this scope of services will be required. 7), Due to the previously disturbed nature of the project area, the City has determined that cultural resource investigations at the site are not required. 8) Condition assessment of the existing 8 -inch Ohio Street force main or beach main laterals and force main is not included in this project. 9) The City's review comments on the draft Preliminary Engineering Report will be electronically delivered to BHC. A design review meeting is assumed to be unnecessary. 10) No entry onto private property will be required. If said entry becomes necessary, the City will be responsible for obtaining the appropriate permissions. Meetings: 1) One (1) meeting up to five (5) hours in length (including travel time) with the City to discuss the alternatives. 2) One (1) meeting up to three (3) hours in length (including travel time) between BHC and Landau to discuss the environmental permitting findings. 3) One public meeting up to four (4) hours in length (including travel time) to present the preferred alternative to the public. Task 030 — Design Engineering Description: Complete and finalize the design, and prepare construction plans, specifications and an opinion of probable construction cost for the project. Receivables from City: 1) Written review comments on .60% and 90% design submittals within two (2) weeks. Work Tasks: 1) Coordinate with Landau to perform the following geotechnical services: a) Drill one (1) soil boring approximately 30 feet below the existing ground surface. Landau will subcontract with the driller and coordinate any required right of way permits, underground utility locating, and traffic control services. b) A piezometer will be installed in the soil boring to record groundwater fluctuations from tidal influence for a period of 1 week. c) Geotechnical laboratory testing, including gradation and moisture content determinations, will be made on select samples from the boring. d) Based on information obtained from the soil boring and the geotechnical research, prepare a draft geotechnical engineering report that: i) Discusses the anticipated near -surface soil and groundwater conditions. ii) Provides recommendations on hydraulic conductivity of the soils, which may be used by contractors to evaluate soil permeability as it pertains to estimating dewatering rates. iii) Provides recommendations for earthwork and grading, including excavations, subgrade preparation, a discussion of potential dewatering methods, the reuse of onsite materials, and structural fill placement and compaction criteria. October 24, 2017 Page 6 City of Bremerton Exhibit A Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services iv) Provides recommendations for lateral earth pressures for use in designing the wet well and temporary shoring (temporary shoring to be designed by the contractor). v) Provides limited recommendations for shallow foundation support, including allowable soil bearing pressure and settlement, as needed. vi) Provides geotechnical seismic design information in general accordance with 2014 American Association of State Highway and Transportation Officials LRFD Bridge Design Specifications and the 2015 International Building Code. vii) Evaluates potential seismic risks at the site including soil liquefaction, lateral spreading, and surface fault rupture. e) Following receipt of review comments, prepare a final geotechnical engineering report. f) Provide geotechnical consultation during final design, including discussions of shoring and dewatering, meetings, and reviewing civil plans and specifications. 2) 60% Design Submittal: a) Prepare 60% design level plans and specifications. b) Prepare 60% design level opinion of probable construction cost. c) Prepare updated project schedule for the remaining design efforts and construction. d) One (1) Site Visit assumed for preparation of 60% Design Submittal. 3) 90% Design Submittal: a) Address/incorporate 60% Design Submittal review comments from the City. b) Prepare a Record of Comment to address the resolution to each 60% review comment from the City. c) Prepare 90% design level plans and specifications. d) Prepare 90% design level opinion of probable construction cost. e) Prepare updated project schedule for the remaining design efforts and construction. f) One (1) Site Visit assumed for preparation of 90% Design Submittal. 4) Final Construction Bid Documents: a) Address/incorporate 90% Design Submittal review comments from the City. b) Prepare a Record of Comment to address the resolution to each 90% review comment from the City. c) Prepare construction bid level plans and specifications. d) Prepare final opinion of probable construction cost. e) Prepare updated project schedule for project construction. Deliverables: 1) Up to three (3) hard copies and one electronic copy (Adobe pdf format) of the draft and final Geotechnical Engineering Report 2) Up to three (3) hard copies and one electronic copy (Adobe PDF format) of the 60% Design Submittal. 3) One (1) electronic copy (Adobe PDF format) of the 60% Design Submittal Record of Comment. 4) Up to three (3) hard copies and one electronic copy (Adobe PDF format) of the 90% Design Submittal. 5) One (1) electronic copy (Adobe PDF format) of the 90% Design Submittal Record of Comment. 6) One (1) electronic copy (Adobe PDF format) of the Final Construction Bid Documents prior to engineer's signature for final review, comment and/or acceptance. 7) Up to three (3) hard copies and one electronic copy (Adobe PDF, AutoCAD (drawings) and MS Word (specifications) format) of the Final Construction Bid Documents. 8) One (1) electronic copy (Adobe pdf format) of minutes for Meetings as necessary Assumptions: 1) No contaminated soil or groundwater is present within the project site. If these conditions are encountered, an amendment to this scope of services will be required. 2) Construction Specifications Institute (CSI) format specifications will be used for the project. 3) Drawings will be prepared full size (22" x 34") using AutoCAD Release 2016. 4) Hard copy drawings for the 60% and 90% submittals will be provided in half size (11 "x17"). October 24, 2017 Page 7 City of Bremerton Exhibit A Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services 5) Hard copy drawings for the signed Final Construction Bid Documents will be provided in full size (22"04"). 6) The 60% and 90% Design Submittals will include plans, specifications, opinion of probable construction costs estimate, and an updated schedule. 7) The Final Construction Bid Documents (stamped and signed) will include plans, specifications, opinion of probable construction costs estimate, and an updated schedule. 8) Meetings with City to review the 60% and 90% submittal comments will occur within three (3) weeks of City submittal receipt; response to all City review comments shall be available for discussion at meeting. Meetings: 1) One (1) meeting up to four (4) hours in length (including travel time) with City to review 60% Design Submittal review comments. 2) One (1) meeting up to four (4) hours in length (including travel time) with City to review 90% Design Submittal review comments. Task 40 — Permitting Description: Coordinate with Landau to prepare and submit applications for the regulatory permits necessary to construct the project. These permits are anticipated to include SEPA, NPDES, Hydraulic Project Approval (HPA), Shoreline Substantial Develop Permit (SSDP), and Critical Areas Ordinance Compliance. The City will prepare and submit the Building Permit. Receivables from City: 1) Review comments on draft permit applications and supporting documents. 2) Public meetings dates and venues. Work Tasks: 1) SEPA Checklist: Prepare the SEPA Environmental Checklist for the project and submit to City for review. Provide assistance to City in preparing public review notice. 2) NPDES Permit: Prepare Notice of Intent (NO1) and develop Stormwater Pollution Prevention Plan (SWPPP) outlining sediment, erosion, and pollution control measures and submit to City for review. BHC will address the City's review comments and then submit the final NO1 and SWPPP to the Department of Ecology (DOE) for approval. 3) JARPA: Prepare JARPA to support the required regulatory processes. 4) Hydraulic Project Approval (HPA): Submit contents of the JARPA to the WDFW to address project work adjacent to Anderson Cove/Washington Narrows. 5) Shoreline Substantial Development Permit (SSDP): Submit the JARPA to the City of Bremerton Community Development Department (CDD) and coordinate with the CDD as required. Support City on shoreline hearings meeting. It is assumed that a review by the City hearing examiner will not be required as part of the shoreline permit process, and attendance at.a hearing is not included. 6) Critical Areas Ordinance Compliance: Prepare critical area report presenting results of waterway delineation, mitigation sequencing, including evaluation of Shoreline Master Program policies, as necessary; and submit to City for review. This regulatory process will be reviewed and approved as part of the SEPA and SSDP process. Deliverables: 1) One (1) electronic copy (Adobe pdf format) of the draft and final SEPA Checklist documents. 2) One (1) electronic copy (Adobe pdf format) of the draft and final NO1 and SWPPP. 3) One (1) electronic copy (Adobe pdf format) of the draft and final JARPA. 4) One (1) electronic copy (Adobe pdf format) of the draft and final critical areas report. October 24, 2017 Page 8 City of Bremerton Exhibit A Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services Assumptions: 1) Landau will coordinate with environmental regulatory agencies as necessary. 2) The City will be the lead agency for SEPA. 3) City is responsible for coordination and advertising costs with the newspaper of record as required by SEPA and the NPDES regulatory processes. 4) The JARPA will be suitable for submittal to WDFW for the HPA and the City for the SSDP. The documents associated with the 60% design submittal are suitable to complete the JARPA. 5) The project will not require federal funds, property, or permits, and preparation of a Biological Assessment or Biological Evaluation for compliance with the Endangered Species Act is not included in this scope of services. 6) The City will not require the preparation of a Habitat Management Plan. 7) Review by the hearing examiner will not be required as part of SSDP review. Attendance at a hearing is not included. 8) Work will occur above ordinary high-water mark, with no in -water work or work in wetlands being required. 9) City is responsible for all permit application fees. Meetings: 1) One (1) meeting up to four (4) hours in length (including travel time) associated with preapplication for Hydraulic Project Approval. Task 50 — Bid Period Services Description: BHC will assist the City in obtaining bids from Contractors to construct the proposed upgrades. Receivables from City: 1) Written requests for responses to bidder questions. 2) Electronic copy of the bid tab. 3) Location and schedule for the pre-bid meeting. Work Tasks: 1) Respond to Bid Questions: Assist City with responses to questions by bidding contractors 2) Attend pre-bid meeting onsite. 3) Prepare Addenda: Prepare and submit addenda to City for issuance, as necessary Deliverables: 1) Email responses to bid questions. 2) One (1) electronic copy (Adobe pdf format) of project addenda. Assumptions: 1) The project will be bid as one package and will only be bid one time. 2) City will be responsible for administering and issuing the bid documents and addenda to prospective bidders and other interested parties (equipment and material suppliers and plan centers). 3) BHC will provide support services to the City during bidding on an as -requested basis 4) One (1) pre-bid meeting will be held at the City to present the project to potential bidders. Meetings: 1) One (1) pre-bid meeting up to four (4) hours in length (including travel time) at the City. October 24, 2017 Page 9 City of Bremerton Exhibit A Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services Task 60 — Engineering Services During Construction Description: BHC will provide routine construction support services during construction. These services will be administered from BHC's home office in Seattle. BHC will coordinate with the City's construction manager and construction observers/inspectors as needed. Receivables from City: 1) Screened shop drawings and submittals. 2) Copies of the minutes from the construction progress meetings. 3) Written requests to attend construction progress meetings. 4) Written requests for assistance in addressing questions and issues that arise during construction: 5) Written requests for revisions to the Contract Documents to address changes. Work Tasks: 1) Prepare conformed drawings and specifications. 2) Review shop drawings and submittals. 3) Assist City's construction manager in resolving questions and requests for information from the contractor. 4) Attend construction meetings when requested by the City. 5) Visit the construction site to address issues that arise during construction that require input from the Engineer. 6) Provide code/permit required structural observation to validate construction meets the intent of the Contract Documents and the code requirements. 7) Provide civil/mechanical/electrical engineering site observation when requested by the City. 8) Provide limited land surveying support services on an as requested basis. 9) Provide geotechnical support services during construction on an as requested basis. 10) Provide revisions to the design to addresses necessary or desired changes discovered during construction. 11) Review operations and maintenance (0&M) manuals from the Contractor for the pump station and provide written comments to the City. 12) Supplement the 0&M manual provided by the Contractor to develop a Facility 0&M Manual in accordance with DOE's Criteria for Sewage Works Design (Orange Book) dated August 2008 and WAC 173-240-080. Deliverables: 1) Written comments and recommendations on shop drawings/submittals. 2) Written interpretations and responses to questions and requests for information. 3) Written documentation of field activities observed during site visits. 4) Written comments and recommendations on Contractor developed 0&M Manual. 5) Written documentation supporting approved change order requests. 6) Construction correspondence as required. 7) Two (2) 3 -ring bound hard copies of the Facility 0&M Manual for the pump station. 8) One (1) electronic copy (Adobe pdf format) of the Facility 0&M Manual for the pump station. Assumptions: 1) The City's construction management practice is to perform the majority of the oversight and day-to-day review of the facility construction. BHC will support the City's construction manager as requested, to the Task budget limit shown for Task 060, Engineering Services During Construction, in Exhibit B, Budget. 2) The City's construction manager will conduct an initial review of submittals from the Contractor and will only forward those submittals that require engineering review. BHC's review will be for general conformance with the requirements of the Contract Documents. The City will be responsible for forwarding/posting the final reviewed documents back to the Contractor. 3) The City will be responsible for providing construction management and field construction observation October 24, 2017 Page 10 City of Bremerton Exhibit A Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services services, including the preparation of daily reports, requests for information (RFIs), pay estimates, and work directives to the Contractor. BHC will provide written responses to RFIs as requested by the City, and the City will be responsible for forwarding/posting RFI responses to the Contractor. 4) The City will be responsible for scheduling/coordinating/conducting biweekly construction progress meetings and preparing minutes of the meetings. BHC will only attend meetings when requested by the City. 5) Geotechnical engineer support services during construction will include the following: a) Respond to RFIs. b) Review shoring and dewatering shop drawings and submittals. 6) Environmental support services during construction will not be necessary. 7) The Contractor shall be responsible for maintaining surveying stakes and points established by BHC during design and shall provide all construction staking necessary to install the improvements. BHC will re- establish lost or disturbed horizontal and vertical control points and benchmarks created for design one time prior to the Contractor beginning on-site construction activities. All other surveying services are assumed to be provided by the Contractor. 8) The City will be responsible for coordinating and providing special inspections/materials testing services (both field and laboratory) needed for quality control/assurance during construction. 9) For purposes of this scope and budget, the budget allocated for revisions to the work or design associated with change orders is an allowance and services beyond this level will require authorization from the City. The City is responsible for preparing all change orders to the construction contract and issuing said change orders to the Contractor. 10) City will be responsible for forwarding all pertinent construction related documentation to the Contractor and BHC. Meetings: 1) BHC will attend construction progress meetings as requested, with Task 060 limits described in the Assumptions above. 2) BHC's electrical and structural engineers will conduct site visits as requested, with Task 060 limits described in the Assumptions above. 3) Site visits to complete geotechnical observations and to address geotechnical issues/concerns are not budgeted, but the geotechnical engineer will be available pending availability of unused Task 060 budget, as shown in Exhibit B, or as an amendment to this contract. Task 70 — Post Construction Services Description: BHC will prepare construction record drawings in accordance with WAC 173-240-090(a). Receivables from City: 1) Redline markups from the Contractor and the City's construction observers/inspectors that identify all modifications to the design documents that occurred during construction. Work Tasks: 1) Prepare construction record drawings. 2) Prepare Declaration of Construction Completion for the project. Deliverables: 1) One set of full size (22" x 34") of the construction record drawings. 2) One set of half size (11" x 17") of the construction record drawings. 3) An electronic copy (Adobe pdf format) of the construction record drawings. 4) An AutoCAD 2016 version of the final construction record drawings will be provided to the City. 5) Signed Declaration of Construction Completion for the project. October 24, 2017 Page 11 City of Bremerton Exhibit A Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services Assumptions: 1) As constructed modifications to the drawings will be relatively minor. BHC will make the modifications as shown on the redline markups, and will not provide field verification. 2) The Declaration of Construction Completion form will be submitted to the Department of Ecology after the project close-out activities have been completed, the City recommends final payment of the Contractor, and the record drawings have been prepared by BHC. Meetings: 1) None. Task 80 — Management Contingency It is difficult to accurately predict all issues that may arise during the design and construction phases of the project. Task 80 is included to provide a contingency fund for unanticipated and unidentified work. It is specifically included so that the City may quickly authorize BHC to perform additional work under this contract for scope changes that the City determines to be necessary. Funds under this task shall not be used without prior written approval from the City. Schedule A detailed baseline schedule will be developed after notice to proceed and before the kickoff meeting. Initial project milestones have been established, and are attached as Exhibit B. Budget The Project budget is $260,760 and is attached as Exhibit C. This budget is based on the assumption that design and construction services associated with this scope of services will be completed within fourteen (14) months from notice to proceed. Furthermore, this budget is based on, and in accordance with, BHC's rate schedule through 2018, attached as Exhibit D. The City agrees to allow BHC to adjust rates on an annual basis beginning in January 2019, at an anticipated increase of three (3) percent, if the milestone schedule described above is exceeded. BHC's subconsultants anticipate rate increases between 2 and 5 percent in 2018. Regardless of any rate increase, the overall project budget identified above shall not be exceeded, except in accordance with Section III of the Professional Services Agreement. October 24, 2017 Page 12 EXHIBIT B CITY OF BREMERTON SEWAGE PUMP STATION CW -4 UPGRADE AND OF -12 MODIFICATIONS PROJECT SCHEDULE OCTOBER 24, 2017 Project Milestones Anticipated Notice To Proceed — November 16, 2017 Anticipated Kickoff Meeting — November 17, 2017 Anticipated Preliminary Engineering Report — End of January 2018 Anticipated Design Completion — May 2018 Anticipated Construction Initiation — July 2018 Anticipated Construction Completion and Start -Up — December 2018 Page 1 This page intentionally left blank. T0 C o tD n to-nCD c W fD03M tto m 03 CL .. to m � CL O T N m m m 0 m v c r m EXHIBIT D 2017-2018 Schedule of, Charges o 0 C`OtdSLAtd S Billing Title Hourly Billing Rates Principal Engineer $210-$255 Sr. Structural Engineer $155-$220 Sr. Electrical Engineer $155-$215 Senior Engineer $155-$215 Project Engineer $120-$170 Staff Engineer $100-$120 Engineering Technician* $50-$90 Planning Manager $155-$210 Senior Planner $110-$155 Planner $75-$100 GIS Specialist* $100-$110 Sr. Field Inspector* $110-$150 Field Inspector & Building Inspectors* $110 $904110 CAD Manager* $130-$155 Draftsperson* $100-$125 Project Administrator* $90-$130 Project Assistant/Word Processor* $70-$90 Building Code Compliance Review $90-$220 Professional Reimbursement: The hourly billing rates include the cost of salaries of the BHC employees, plus paid sick and safe leave, vacation, holiday, other fringe benefits, indirect overhead and fee. All employees classified as "non-exempt' (billing category denoted with *) by the U.S. Department of Laborwill be compensated at 1-1/2 times salary for overtime hours, as per State and Federal wage and hour laws. Billing rates will be calculated accordingly for these overtime hours. Communication Fee: Project Labor times 3.0% which includes telecommunications, faxes, standard U.S. Mail, mobile phones, and internet access. Direct Expenses: Reimbursement for direct expenses incurred in connection with the work, will be at cost plus ten percent. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective October 1, 2017 through December 31, 2018, and will be adjusted thereafter. City of Bremerton October 24, 2017 Sewage Pump Station CW -4 Upgrade and OF -12 Modifications i i i n r Sewage Pump Station CW -4 and OF -1.2 i f P � u EDP \:af� e p 4' ��Et{ nth S_tf 3 °, 1,--,,, I t �k�4'8•,� •1+ * _ ;µ„Vi. �' - -.0 � t *�R�-�', � �."` jR 4A AI110, 4. Ow Wit In IL .77 I %— {" apl mpiG C.t Ilege Lr: - t , iY iC5 h►St, it -ft ITRIA I C' . 910 91 o91e 43 1 Client#: 339260 BHCCON A'00RD. CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY) 11/14/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR -PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 USI Kibble & Prentice PR 601 Union Street, Suite 1000 Seattle, WA 98101 (NAME:CONTACT PHONE FAX (P n Lo Ext): 206 441-6300 A/C, No): 610-362-8528 1 AD`PL.CertRequest@usi.biz INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Hartford Casualty Insurance Com 29424 PREMISES ERENTED occurrence 000,000 INSURED BHC Consultants, LLC 1601 Fifth Avenue, Suite 500 INSURER B : XL Specialty Insurance Company oe 37885 _ INSURER C: ✓ Seattle, WA 98101 INSURER D: PERSONAL & ADV INJURY $2,000,000 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)_ LIMITS A X COMMERCIAL GENERAL LIABILITY52SBAUL9533 CLAIMS -MADE OCCUR 3/31/2017 03/31/2018 EACH OCCURRENCE s2,000,04 PREMISES ERENTED occurrence 000,000 X Business Liability MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: —1 POLICY X JECTPRO- ILOC GENERAL AGGREGATE $4,000,0 PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: A AUTOMOBILE X LIABILITY ANY AUTO 52UECTR7021 3/31/2017 03/31/201 EaaccideDiSINGLE LIMIT) 1,000,0 O BODILY INJURY (Per person) $ XI ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY Per accident) $ PROPERTY DAMAGE Per accident $ $ A �( UMBRELLA LIAB X OCCUR 52SBAUL9533 3/31/2017 03/31/201 EACH OCCURRENCE $50000001 EXCESS LIAB CLAIMS -MADE AGGREGATE $5 000 00 DED I X RETENTION $10000 $ A WORKERS EMPLOY EMPLOYERS' C OMPENSATION ILIT AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE(WA OFFICERIMEMBER EXCLUDED? N] N / A 52SBAUL9533 Stop Gap) 3/31/2017 03/31/201IPER STATUTE X ERH E.L. EACH ACCIDENT $1,06010 0 E.L. DISEASE - EA EMPLOYEE $1,000,0& Mandatory In N If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B Professional DPR9912762 3/31/2017 03/31/2018 000,00r claim $2, 0 e Liability $2,000,00 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: City of Bremerton - CW -4 Upgrade Project. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contain a special endorsement with Primary and (See Attached Descriptions) City of Bremerton Attn: Risk Management 345 6th Street, Suite 600 Bremerton, WA 98337 ACORD 25 (2014/01) - 1 Of 2 #S21918306/M21319019 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 41--- U 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NXDZP DESCRIPTIONS (Continued from Page 1) , Noncontributory wording, when required by written contract. The General Liability, Automobile Liability and Umbrella Liability policies include a Waiver of Subrogation endorsement in favor of the Certificate Holderas referenced above. SAGITTA 25.3 (2014/01) 2 of 2 #S21918306/M21319019 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Odditional Insureds When Required By Written Contract, Written Agreement Or _...._. __... -_. . Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a 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 this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F. — Optional Additional Insured Coverages. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance .or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products - (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits 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. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with -permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" -sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: BUSINESS LIABILITY COVERAGE FORM (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. b. With respect to "mobile equipment" to If other valid and collectible insurance is which this insurance applies, we will available for a loss we .cover under this Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by, any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner; liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for "property damage" to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies: a. As if each Named Insured were the only (4) Aircraft, Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of a claim is made or "suit" is brought. Section A. — Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. t giver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as . Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a Paragraph A.1. - WHO IS AN INSURED - of covered "auto." SECTION II - LIABILITY COVERAGE is amended to add: © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay, on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by _Contract, the following provisions apply: (3) 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 5.d. (4) 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 (3) and (4) 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 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 the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following -applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived;. (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos",- the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America; the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. - DEDUCTIBLE - of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 4 of 5 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 payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V - DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.lf the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 5 of 5 Fax Server 11/14/2017 2:30:12 PM PAGE 2/003 Fax Server Client#: 339260 BHCCON DATE (MMIDDIYYYY) ACORD.. CERTIFICATE OF LIABILITY INSURANCE 11/14/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. H 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 USI Kibble &Prentice PR ACT NNPAC, I,uc"�, Exti: 206 441-6300 FAX No): 610-362-8528 601 Union Street, Suite 1000 ADD ESS: PL.CertRequest@usi.biz INSURER(S) AFFORDING COVERAGE NAIC# Seattle, WA 98101 INSURER A: �m cawrty I—r—Com 29424 52SBAUL9533 INSURED BHC Consultants, LLC 1601 Fifth Avenue, Suite 500 Seattle, WA 98101 INSURER B; XLSpeenny Inwrancecompany 37885 INSURERC: INSURER D INSURER E INSURERF: f'r]VFQaf:FC v lFw I IFIr'a 1 F NIIUHK W- Kt•V1MRJN NUMIMEK: THIS 15 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 IN ADDLSUBR Bremerton, WA 98337 POLICY NUMBER POLICY EFF WADDIYYYY POLICY EXP LIMITS h"DDIYYY A X COMMERCIAL GENERAL LIABILITY 52SBAUL9533 3/31/2017 03/31/2018 EACH OCCURRENCE $2000000 CLAIMS -MADE ❑X OCCUR ENTED PRM E 00mrrence000,000 X Business Liability MED EXP Any one person) $10,000 PERsONALdADVINJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � JECT ❑ LOC PRODUCTS-OOMPA,P AGO $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY 52UECTR7021 3/31/2017 03/31/201 e�&�-$INGLELIMR $1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOSPROPERLYDAMAGE X NON-OWNEDAUTOS¢Orad,- IX $$ HIREDAUTOS It A X UMBRELLALIAB I X OCCUR 52SBAUL9533 3/31/2017 03/31/2018 EACH OCCURRENCE $5000000 EXCESS LIAB CLAIMS -MADE AGGREGATE $S OOD 000 DED I X RETENTION$10000 I $ A WORKERS COMPENSATION 52SBAUL9533 3/31/2017 03/31/201 ER PX oTH- AND EMPLOYERS' LIABILITY ANY PRRppppRIETORIPARTNERIEXECUTIVE YIN N f A (Wt) Stop Gep) E. L. EACH ACCIDENT $i OOO,OOO OFFICERIMEMBER EXCLUDED? (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $1,000,000 If yyee6s,, describe under DESCRIPTIONOFOPERATIONS bebw EL. DISEASE - POLICY LIMIT $1,000,000 B Professional DPR9912762 3/31/2017 03/31/201 $2,000,000 per claim Liability ll $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) RE: City of Bremerton - CW -4 Upgrade Project. The General Liability and Automobile Liability policies Include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there Is a written contract that requires such status, and only with regard to work performed on behalf of the named Insured. The General Liability and Automobile Liability policies contain a special endorsement with Primary and (See Attached Descriptions) City of Bremerton y 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 AUTHORIZED REPRESENTATIVE Bremerton, WA 98337 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S21918306/M21319019 NXDZP Fax Server 11/14/2017 2:30:12 PM PAGE 3/003 Fax Server J a DESCRIPTIONSICantinued from Page 1) Noncontributory wording, when required by written contract. The General Liability, Automobile Liability and Umbrella Liability policies include a Waiver of Subrogation endorsement in favor of the Certificate Holderas referenced above. SAGITTA 25.3 (2014/01) 2 of 2 #S21918306/M21319019 CONTRACT MODIFICATION AGREEMENT NO. I BETWEEN THE CITY OF BREMERTON AND BHC CONSULTANTS PROJECT: Sewage Pump Station CW-4 Upgrade and OF-12 Modifications CONSULTANT: BHC Consultants, LLC DATE: August 28, 2018 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Sewage Pump Station CW-4 Upgrade and OF-12 Modifications AGREEMENT (the "Contract") entered into between the City of Bremerton and BHC Consultants on November 15, 2017. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: See attached Exhibit A. 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: The original contract amount was $260,760. Per Exhibit B, the City shall pay the Consultant Jrothe additional work described above, based on time and materials, an amount not to exceed $86,748 for a total amended contract amount of$347,508, 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. Page 1 of 2 Contract Modification No. 1 August 2018 Sewage Pump Station CW-4 Upgrade and OF-12 Modifications This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change,and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer/ Public Works Director approved to process (Initials and Date) BHC CONSULTANTS THE CITY OF BREMERTON By: (kzBy: �JQ� Print Name: 'aca\c . bo C n Print Name: G t,Ji"e tX e c Its: 'rt'e- Its: MaY oc Date: 01 `Z..01 Date: Ol J Zb I Zo 18 APPROVED AS TO FORM: ATTEST: By: Al I '1 By: I (,MAO ROGER A. LUB . ICH, Bret' erton City Attorney ANGELA WOODS, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: BHC Consultants City of Bremerton 1601 Fifth Avenue, Suite 500 AT"IN: Engineering Division Seattle, WA 98101 345 6th Street, Suite 100 Bremerton, WA 98 310 Page 2 of 2 Contract Modification No. 1 August 2018 Sewage Pump Station CW-4 Upgrade and OF-12 Modifications EXHIBIT A CITY OF BREMERTON SEWAGE PUMP STATION CW-4 UPGRADE AND OF-12 MODIFICATIONS AMENDMENT 1, SCOPE OF SERVICES August 28, 2018 Statement of Understanding, Amendment 1 The Scope of Services for the Sewage Pump Station CW-4 Upgrade and OF-12 Modifications project(Project) included the following goal: 4) Anticipate the redirection of beach laterals to upland gravity sewers or low-pressure sewers. During the initial phases of the Project, BHC's analysis indicated that it was possible to achieve this goal in the following manner: • Installing individual grinder pump stations (IPS) at 5 properties on 17th Street, west of CW-4, diverting the flow away from the beach laterals and toward the existing sewer on 17th Street in a new discharge pipeline, and • Installing a triplex grinder pump station (TPS)to serve 9 properties in the vicinity of Chester Avenue and 18th Street, east of CW-4, diverting the flow away from the beach laterals and toward the existing sewer on 18th Street in a new discharge pipeline that will convey the combined flow from all 9 affected properties. The City has directed BHC to incorporate the design of these facilities into the Project. In addition,the City has also requested that a new forcemain be designed to run along 17th Street,tying into the 8" CW-4 discharge force main on the east, and discharging into the existing sewer line on High Avenue.Valving will be provided to allow the City to manually direct CW-4 discharge to either the Crosstown Pipeline connection or to the High Avenue sewer line. This will allow the City to supplement low summer flows in the conveyance system to the CW-1 pump station. To accomplish these objectives, the following tasks will be performed under this Amendment 1. Task 031 — Public Outreach Description: The City will take responsibility for public outreach and will develop the plan to establish contact with the affected residents, conduct a public meeting to inform the affected residents of the project, obtain right-of-entry access to impacted residences during design, and obtain necessary easements for future access to impacted residences. One member of the City staff will be available to accompany the design team on all residence site visits and will pre-arrange access to the residence electrical panel for review to determine available electrical power supply capacity for the IPS. BHC will provide technical support for the public meeting and staff for residence site visits. Receivables from City: 1) Comments on the CW-4 pump station alternative configurations. Work Tasks: 1) Prepare a minimum of two alternative configurations for the CW-4 pump station for presentation at the public meeting. Present alternatives at public meeting. 2) For each IPS, BHC staff will review side sewer information provided by the City to determine probable location of existing sewer connection. BHC staff will visit each residence. Page 1 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Addendum One, Scope of Services a) First meeting: Work with side sewer information and homeowner to determine location of existing sewer discharge from the residence. Establish probable IPS location and discharge pipeline route. Use City's portable GPS to identify key locations, site features, etc.A minimum of 2 staff are expected, either the project PM or PE and the project electrical engineer. b) Second meeting: BHC will have developed a site plan for the new facilities for each IPS (see Task 032), and this will be presented to the homeowner at the second meeting for confirmation. 3) For the TPS, BHC staff will meet with the affected adjacent property owners on two site visits to present the draft and final plan for the site. 4) The City will pothole the sewer pipeline at the proposed TPS location to provide information on the location and depth of the three adjacent house sewer lateral connections, including on-site measurements and the City's portable GPS. One geotechnical engineer from Landau will provide a visual review of the soils exposed during the potholing to identify potential geotechnical concerns. In addition, on the same day,the geotechnical engineer will provide a visual review of the IPS property at 1444 17th Avenue to identify potential geotechnical concerns. Deliverables: 1) One electronic copy of the CW-4 pump station alternatives for City comment prior to the public meeting. 2) 22"x 34"copies of the final CW-4 pump station alternative configurations for the public meeting. 3) One copy of the draft and final site plan for each IPS (developed under Task 032). Assumptions: 1) BHC's role at the public meeting will be limited to the technical aspects of the project. Meetings: 1) The BHC Project Manager will attend the public meeting. 2) Two (2) site visits are assumed to be required for the first round of IPS meetings. For example, on the first site visit, 3 of the 5 IPS homeowners will be available for discussion and access,while a second site visit would be required to meet with the remaining 2 homeowners. 1) An additional two (2)site visits will be required for the second round of IPS meetings, similar to above. 2) Meetings with the TPS homeowners are assumed to occur immediately prior to or after the IPS site visits. Task 032— Design Engineering: IPS, TPS and 17th Street Forcemain Description: Perform preliminary and final design for five (5) IPS pump stations, one (1)TPS pump station and associated pipeline conveyance; and a new forcemain that will convey CW-4 discharge flow along 17th Street to High Avenue. Provide topographic base maps for the new facilities. Receivables from City: 1) Maps, record drawings and copies of easements for the existing sewer system and facilities, and side sewer records for the IPS properties. 2) Maps and record drawings for the existing sewer facilities adjacent to the TPS property. Work Tasks: 1) Coordinate with AES to perform the following surveying services: a) Provide individual base maps for the five (5) IPS properties, consisting of survey results for 17th Street abutting the property, and publicly available aerial photos for the actual property. b) In accordance with the requirements of the original Contract, develop a boundary and control survey and conduct a topographic survey for the full width of the right of way,for the following properties: August 28, 2018 Page 2 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Addendum One, Scope of Services i) 17th Street,from Ohio Avenue to High Avenue. ii) Chester Avenue,from 50' south of the intersection of Chester Avenue and 18th Street to approximately 225' north of the same intersection. 2) Incorporate the new project elements into the overall project permitting effort, including field investigation of vegetation, soils and hydrology along the proposed utility improvements, and placement of flagging along wetland/waterway boundaries. 3) Perform preliminary and final design for the project elements. a) IPS Pump Stations. Following the initial site meeting at each property, develop a site plan showing the location of the IPS and discharge piping to 17th Street. Provide sufficient detail to allow Contractor to perform necessary sewer connections, IPS installation, and electrical power upgrades for each property. Each property will be shown on a separate drawing. b) TPS Pump Station. Determine the proposed location for the TPS on City property. Develop a site plan showing the location of the TPS; connection to existing sewer; electrical power supply requirements, including standby power; site civil improvements; and demolition of abandoned infrastructure. c) Chester Avenue Pipeline. Develop a site plan showing the route of the TPS discharge piping along Chester Avenue to the connection with the existing sewer line in 18th Street d) 17th Street Pipeline. Develop a site plan showing the route of the new pipeline along 17th Street,from Ohio Avenue to High Avenue. Show connections at either end of the pipeline, including manual valving to allow CW-4 discharge to flow to the Crosstown pipeline or High Avenue. Deliverables: 1) One (1)electronic copy(Adobe pdf and AutoCAD format) of the boundary and topographic survey mapping, to be integrated into the overall survey file for the project. 2) Results of Landau's field investigations will be incorporated into the critical areas report included in the original scope of work for the project. 3) Predesign and design work products will be incorporated into the design submittals included in the original scope of work for the project. 4) The drawing list for the entire CW-4 project is shown on the following page. It is projected that an additional ten (10) drawings will be developed for the new facilities, for a total of 35 drawings. Assumptions: 1) Additional location and topographic detail required for the IPS properties will be developed using a portable GPS system, supplied and operated by City staff. This will be completed under Task 031. Meetings: 1) None. Budget The Project Budget is$86,748, and is attached as Exhibit B. The Budget includes$8,500 for Management Reserve, which shall only be used upon written authorization of the City. Contract Term The Contract Term is extended to December 31, 2019 since the construction will be accomplished during 2019. August 28, 2018 Page 3 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Addendum One, Scope of Services No. of Drawing Contract Drawing No. Title Original Amend. 1 1 G-1 Cover Sheet, Vicinity Map, & Project location Map X 2 G-2 Index of Drawings, General, Survey, &Construction Notes X 3 G-3 Legend, Abbreviations, Symbols, &Designations X 4 G-4 Area Map, Staging Area, &Design Criteria X 5 EC-1 Temporary Erosion &Sedimentation Control Notes& Details X 6 C-1 Site Plan Demolition, Grading and TESC X 7 C-2 CW-4 Pump Station &Piping Plan X 8 C-3 CW-4 Pump Station Plan &Sections X 9 C-4 CW-4 Pump Station Sections and Details X 10 C-5 8" Ex. Forcemain Piping Plan/Profile-Connections X 11 C-6 17th Street pipeline— 1 of 2 X 12 C-7 17th Street pipeline—2 of 2 X 13 C-8 Chester Avenue pipeline and TPS Site X 14 C-9 Civil Details- 1 X 15 C-10 Civil Details-2 X 16 IPS-1 IPS, 17th Street. 1 of 5 X 17 IPS-2 IPS, 17th Street. 2 of 5 X 18 TPS-1 Triplex grinder PS Details X 19 S-1 Structural General Notes X 20 S-2 Structural Typical Details X 21 S-3 Control Building Foundation and Slab Plan X 22 E-1 Electrical Symbols&Legend X 23 E-2 Electrical details 1 of 2 X 24 E-3 Electrical details 2 of 2 X 25 E-4 CW-4 Electrical Site Plan X 26 E-5 CW-4 Electrical Generator Building Plan X 27 E-6 CW-4 One Line Diagram X 28 E-7 CW-4 Load Calculations&Schedules X 29 E-8 CW-4 Control Panel Elevations&Details X 30 E-9 CW-4 P&ID X 31 E-10 CW-4 Control Wire Diagrams 1 of 2 X 32 E-11 TPS Electrical Site Plan, Power Supply, Genset Siting & Details X August 28, 2018 Page 4 --.. , - - .J> , J^W -( G _ tx 2;13-012-9m9 7 u, W Wcn m c 9_, gaA9mn 9 ) m = _ v. y m e'm m ,4 - -p: 1 N� 3 0 '° ".: m a m 3 m-- c 3 a an d i i m n 9 o e$ m 2 , T .A az r 3g a ;r ^ N y r 3 P G9. g O L o J C r = . 0 0 2 actIT 3 c,:�i,a om _ 0 gtigT9 a ..... 0:4.1mO m m = _ N 9 - Am =$Am O 0 0 0 C• 9 9 a or N O Q+ s 7T i r m 0 0 0 0 g ; 5t;' 7,-. _ N� o$ ro r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o G tl n X = N 0 0 0 >_.. 0 2 22 — M N CO W J d q 2;32'1 ; W 0 000 00000000 0000 r T _ m N 0 0 -. �_ at«z m 1 — Niii w ' o -'9m m N 000 000,0-..00 (!100 000 a9 mo c ^ a;«o C C - ma ,-Sry m te c o °°''o r• n o , m 0 0 0 0 0 0 = . 0 . 0 aW ? - 5. trT T000T0o _ 0u- �am & 000 .0000-., 00000 o 000 ti m avN a T � �w E 0,0 msA< � N> rg A a E > 0 H • o P 0 0 o a 3 i ▪ a 2 0 0 0 4 o 0 0 o c. N w 0 0,n o 4 ° n m Q Eo o T E o 0 0 o c°r v u o o�n t o G m w r N a 2 4'S9- S7 AC RD E(MM/D(MM/D D/YYYY) ® CERTIFICATE OF LIABILITY INSURANCE DATE 19 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 IlkELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Dealey, Renton&Associates PHONE FAX P. O. Box 12675 (A/C.No.Extl: 510-465-3090 (A/C,No):510-452-2193 Oakland, CA 94604-2675 ADDRESS: Certificates@Dealeyrenton.com License#0020739 INSURER(S)AFFORDING COVERAc�jC C CC yy��``�,NAIL# INSURERA:Hartford Casualty Insurance Co. �ECEIVCL. 29424 INSURED BHCCONSUL INSURER B:Berkley Insurance Company 32603 BHC Consultants, LLC t� 1601 5th Avenue, Suite 500 0 IG v z 3/� INSURER C: MAR 0 3 2t/�'11O Seattle WA 98101 INSURER D: SO O INSURER E: City of Bremerton ���JJJ INSURER F: Risk Management COVERAGES CERTIFICATE NUMBER:1860327993 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 INS() WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 57SBABL6098 3/31/2019 3/31/2020 EACH OCCURRENCE $1,000,000/ DAMAGE TO RENTED irrr CLAIMS-MADE X OCCUR V PREMISES(Ea occurrence) $300,000 MED 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 'EFt r LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ / • AUTOMOBILE LIABILITY Y Y 57UECFP0443 3/31/2019 3/31/2020 COMBINED SINGLE LIMIT $1,000,000 yr (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ / OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS x HIRED v NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ e A X UMBRELLA LIAB X OCCUR 57SBABL6098 3/31/2019 3/31/2020 EACH OCCURRENCE $5,000,0000 / EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,006 DED RETENTION$ $ A WORKERS COMPENSATION 57WECI01370 3/31/2019 3/31/2020 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N / ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000% If yes,describe under 'V DESCRIPTION OF OPERATIONS below E.L.DISEASE OLICY LIMIT $1,000,000 B Professional Liability AEC902852601 3/31/2019 3/31/2020 $2,000,00 per Claim Contractors Pollution Liability $2,000,000 Annual Aggregate Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) AM Best's Rating on all policies above:A/XII or greater.Umbrella Liability policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability. RE:City of Bremerton-CW-4 Upgrade Project.The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder,only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured.The General Liability and Automobile Liability policies contain a special endorsement with Primary and Noncontributory wording,when required by written contract.The General Liability,Automobile Liability and Umbrella Liability policies includes a Waiver of Subrogation endorsement in favor of the Certificate Holder as referenced above. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 41) THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 07 City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 345 6th Street, Suite�OO AUTHORIZED REPRESENTATIVE Bremerton WA 98337 Clim,614 0AutiL ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 57SBABL6098 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 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 prjrnary and noncontributory with the additional insured's own insurance,this insurance is primary and we will not see 'contribution from that other insurance. y. 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 57UECFP0443 • EXCERPTS FROM CA 0001 (1013) HARTFORD BUSINESS AUTO COVERAGE Additional Insured: SECTION II — COVERED AUTO LIABILITY COVERAGE A.1. WHO IS AN INSURED: The following are "insureds" c. Anyone liable for the conduct of an "insured"...but only to the extent of that liability. Primary Insurance: SECTION IV— BUSINESS AUTO CONDITIONS B. General Conditions - 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provide by this Coverage Form is excess over any other collectible insurance. c. Regardless of the provisions of paragraph a. above, this Coverage Form's Covered Auto Liability Coverage is primary for any liability assumed under an "insured contract". Cross Liability Clause: SECTION V — DEFINITIONS G. "Insured" means any person or organization qualifying as an insured in the Who is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. 411 EXCERPTS FROM HA9916 (0312) HARTFORD COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT 15. 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 payments we make for damages under this Coverage Form. • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 4/20/2020 Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 License #0020739 510-465-3090 510-452-2193 Certificates@Dealeyrenton.com Berkley Insurance Company 32603 BHCCONSUL Hartford Casualty Insurance Company 29424BHC Consultants, LLC 1601 5th Avenue, Suite 500 Seattle WA 98101 1165519724 B X 1,000,000 X 300,000 10,000 1,000,000 2,000,000 X Y Y 57SBABL6098 3/31/2020 3/31/2021 2,000,000 B 1,000,000 X X X Y Y 57UECFP0443 3/31/2020 3/31/2021 B X X 5,000,00057SBABL60983/31/2020 3/31/2021 5,000,000 B X57WECIO13703/31/2020 3/31/2021 WA STOP GAP 1,000,000 1,000,000 1,000,000 A Professional Liability Contractors Pollution Liability Claims Made AEC903574802 3/31/2020 3/31/2021 Per Claim Annual Aggregate $2,000,000 $2,000,000 AM Best's Rating on all policies above: A/XII or greater. Umbrella Liability policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability. BHC Project No. 17-10549.00 / City of Bremerton / CW-4 Upgrade Project. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contain a special endorsement with Primary and Noncontributory wording, when required by written contract. The General Liability, Automobile Liability and Umbrella Liability policies includes a Waiver of Subrogation endorsement in favor of the Certificate Holder as referenced above. 30 Day Notice of Cancellation City of Bremerton Attn: Risk Management 345 6th Street, Suite 100 Bremerton WA 98337 Approved 4/21/2020 - SNO BUSINESS LIABILITY COVERAGE SS 00 08 04 05 POLICY NUMBER: <PNUM> 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 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 SS 00 08 04 05 Rev 5.14 57SBABL6098 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 2Rev 5.14 Summary SS 00 08 04 05 EXCERPTS FROM CA 0001 (1013) HARTFORD BUSINESS AUTO COVERAGE Additional Insured: SECTION II – COVERED AUTO LIABILITY COVERAGE A.1. WHO IS AN INSURED: The following are “insureds” c. Anyone liable for the conduct of an “insured”…but only to the extent of that liability. Primary Insurance: SECTION IV – BUSINESS AUTO CONDITIONS B. General Conditions - 5. Other Insurance a. For any covered “auto” you own, this Coverage Form provides primary insurance. For any covered “auto” you don’t own, the insurance provide by this Coverage Form is excess over any other collectible insurance. c. Regardless of the provisions of paragraph a. above, this Coverage Form’s Covered Auto Liability Coverage is primary for any liability assumed under an “insured contract”. Cross Liability Clause: SECTION V – DEFINITIONS G. “Insured” means any person or organization qualifying as an insured in the Who is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or “suit” is brought. EXCERPTS FROM HA9916 (0312) HARTFORD COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT 15. 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 payments we make for damages under this Coverage Form. 57UECFP0443 †…–fi›»‡»†‹ «‡»fi ””»‰‹•“» ‚–«fi •› ‹‚» ›¿‡» ¿› ›‹¿‹»… –† ‹‚» †”–fi‡¿‹•–† —¿„» –” ‹‚» –·•‰§ —–·•‰§ «‡»fi ””»‰‹•“» ¿‹» ¿‡»… †›«fi»… ¿†… ……fi»›› –fi‡ —fi•†‹»… •† ¸˝ —fi–‰»›› ¿‹» ˙ —˛˝ ˛ ˛˘ ˛ ˙¸ ˛ ˛ˇ¸˛ ˙ ˛ ˛ ˛ ˛ ˝ ˚˛ ˛˝ ˛ ¸˝ ˝ ˛˝ ˝ —˙ —˝ ˛ ˛¸˙ –«†‹»fi›•„†»… § «‹‚–fi•ƒ»… ˛»fi»›»†‹¿‹•“» —–·•‰§ ¤•fi¿‹•–† ¿‹» ˚˛ ¸˛ ˛ ˛˚˛ ˛ ˛˝ ˛˝ » ‚¿“» ‹‚» fi•„‚‹ ‹– fi»‰–“»fi –«fi ¿§‡»†‹› ”fi–‡ ¿†§–†» ·•¿·» ”–fi ¿† •†¶«fi§ ‰–“»fi»… § ‹‚•› –·•‰§ » '•·· †–‹ »†”–fi‰» –«fi fi•„‚‹ ¿„¿•†›‹ ‹‚» »fi›–† –fi –fi„¿†•ƒ¿‹•–† †¿‡»… •† ‹‚» ˝‰‚»…«·» ‚•› ¿„fi»»‡»†‹ ›‚¿·· †–‹ –»fi¿‹» …•fi»‰‹·§ –fi •†…•fi»‰‹·§ ‹– »†»”•‹ ¿†§–†» †–‹ †¿‡»… •† ‹‚» ˝‰‚»…«·» ˝¸ 57WECIO1370 03/31/2020 BHC Consultants,LLC 1601 5th Avenue,Suite 500 Seattle,WA 98101 03/31/2021