Loading...
HomeMy WebLinkAbout5166CONTRACT MODIFICATION AGREEMENT NO.3 BETWEEN THE CITY OF BREMERTON AND CodePros LLC PROJECT Supplemental Building Department Services CONSULTANT CodePros LLC DATE i"r %�'I� r�'�/[_ �d,) 7� THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and CodePros LLC on July 26, 2012 and previously modifwd on February 24, 2014, and November 8, 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: NO Change. Section II. Term , is modified as follows: NO Change Section III. Compensation, is modified as follows: The City shall pay the Consultant an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) in a calendar year with the exception of year 2017 in which the City shall pay Consultant in an amount not to exceed Forty Thousand Dollars ($40,000), and 2020 in which the City shall pay Consultant an amount not to exceed One -Hundred Fifty Thousand Dollars ($150,000) for additional hours as directed by the City. Note: The original contract amount was (2012): Twenty Thousand Dollars ($20,000.00) Amended (2014): Twenty-four Thousand Nine Hundred Ninety-nine Dollars (24,999.00) Amended (2017): Forty Thousand Dollars ($40,000) as a one-time increased amount. Amended (2020): One -Hundred Fifty Thousand Dollars ($150,000). Contracted amounts prior to 2020 have been spent in their entirety. IL Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement CONTRACT MODIFICATION #3 Bremerton/CodePros LLC Supplemental Building Department Services of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on -site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. 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. CONSULTANT By Its 1�1.aAA-/-A `iC--natsR- DATE: N APPROVED AS TO FORM: Bremerton tity Attorney NOTICES TO BE SENT TO: CodePros. LLC. P.O. Box 185 Allyn, WA 98524 MBARTHRKODEPROS W A.COM 360.801.0543 CONTRACT MODIFICATION #3 Bremerton/CodePros LLC Supplemental Building Department Services THE CITY OF BREMERTON w"o. By Gr Wheeler Its Mayor DATE: '!� 1 %—[ 1202o ATTEST: City clerk NOTICES TO BE SENT TO: Andrea L. Spencer Director of Community Development City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 360-473-5283 AGENDA BILL CITY OF 13REMERTON CITY COUNCIL i• Y4 SUBJECT: Contract Modification No. 2 to Study Session Date: October 25, 2017 the Professional Services Agreement with COUNCIL MEETING Date: November 1, 2017 CodePros, LLC for Supplemental Building Department: Community Development Division Services Presenter: Andrea Spencer Phone: (360) 473-5283 SUMMARY: CodePros, LLC has been providing building inspection and plan review services on an on-call basis for the City of Bremerton under their original contract agreement that was executed in July 2012 and modified in February 2014. The contract was initiated to cover for the department's only building inspector during absences for vacations or illness and to, assist with plan review and inspection services when permit volumes are higher than staff can process in our expected turn- around times. This contract modification allows the City to fulfill the current building standards and prevent a back- log of plan reviews and inspections during heavy volumes and/or staffing challenges such as staff recruitment (vacancies). The annual maximum compensation is not to exceed $40,000 for 2017, which is a $15,000 increase to the current contracted amount of $25,000. Subsequent contract years return to the $25,000 annual maximum. ATTACHMENTS: 1) Contract Modification No. 2; 2) Original Professional Services Agreement; and 3) Contract Modification No. 1 FISCAL IMPACTS (Include Budgeted Amount): The Community Development existing 2017 and 2018 budget has $25,000 allocated annually for CodePros LLC's Professional. Services contract. In September 2017 a budget adjustment was approved that reduced the Building Personnel Expenditures by $75,000 and increased the Building Professional Services Expenditures by $75,000 due to position vacancies. This CodePros LLC contract modification increase of $15,000 for 2017 is funded with the previously approved budget adjustment. There is no impact on the General Fund. STUDY SESSION AGENDA: N Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: Z Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award the Contract Modification Agreement No. 2 to increase the 2017 contract by $15,000 for a total 2017 contract amount of $40,000 for Supplemental Building Division Services with CodePros, LLC; 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 CONTRACT .MODIFICATIONAGREEMENT NO. 2 BETWEEN THE CITY OF .BREMEIR.TON AND Ems` n V,17 % IrA PROJECT Supplemental Building Department Services CONSULTANT CodePros LLC DATE �r�Lpc►'il3a� q .2017 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and CodePros LLC on Judy 26, 2012 and previously modified on February 24, 2014. 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 pailies, the modifications to the Contract are as follows: I. Section I. SCOpe , is modified as follows- NO Change. Section H. Term , is modified as follows: NO Change Section III. Compensation, is modified as follows: The City shall pay, the Consultant an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) in a calendar year with the exception of year 2017 in which the City shall pay Consultant for additional hours as directed by the City in an amount not to exceed Forty Thousand Dollars ($40,000). Note: The original contract amount was (2012): Twenty Thousand ]Dollars ($20,000.00) Amended (2014): Twenty-four Thousand. Nine, Hundred Ninety-nine Dollars (24,999.00) U. Cont accepts all retluireme s of this Contract Modflication by endorsing belauc Consaftaitt fwfter age that this Contirad Modification comms full and final went of all of the ConsultanCs clam for contract time and for all costs of any hh4 inchtdmig wires limitatieon, costs of dekys rehMA to any work either cavered or affected by CentroA Modifiea tion, dams reraftd tt® or home off= er lit pry This cantrartMadidi tion sloes not limit the CiWs; right to brine a eibn far past performance. t ONTRACliMOEHMAMON LLC I IIl eRt S;rj� The undersigned consultant approves ddw forming Contract ModillcaBon as to the cam, if any, in the contract prig specified for each .item, including any and all supervision hosts and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the Mire 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. CONSULTANT G` By _ -t6, nr Its DATE: , APPROVED AS TO FORM: 1 Bremerton City tto ey NOTICES TO BE SENT TO: cc pdao-i ft'c. Rev i S�5 K-9-4—gn, +', ea C,, ire a . C0M&ACT=MERCATDM#Q LLCI I THE CITY OF BREMERTON I By Pa nt Its N[ DATE:_"' l ATTEST: City Cleric NOTICES TO BE SENT TO: Asea L. Spencer Diwdo r of Community Demlopment City of Bn=alanm 345 Sixth Ski„ Sulk 600 Bremeraa„ SAA 99337 360-4k713-5 Contract Number: 5166 Vendor: CODEPROS, LLC Subject: PSA - Supplemental Building Department Services Department: DCD File Class: LEG 12-1 Begin Date: 7/26/2012 End Date: Review Date: 9/1/2015 Vault Date: Comments: CO #1 2/24/14 CONTRACT MODIFICATION AGREEMENT NO.1 BETWEEN THE CITY OF BREMERTON AND CodePros LLC PROJECT Supplemental Building Department Services CONSULTANT CodePros LLC THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and CodePros LLC. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section III. Compensation is modified as follows: The original contract amount was in an amount not to exceed`" Twenty Thousand Dollars ($20,000.00). The City shall pay the Consultant for additional work in an amount not to exceed Four Thousand Nine Hundred Ninety-nine Dollars ($4,999.00) for a total amended contract amount of $24,999.00 dollars ($24,999.00), including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. 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. CONTRACT MODIFICATION — CodePros LLC 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. APPROVED AS TO FORM: City Attorney NOTICES TO BE SENT TO: CONTRACT MODIFICATION — CodePros LLC 2 THE CITY OF BREMERTON 26'�" By PAK jent Its MAVOJ dd DATE:— ATTEST: City Clerk NOTICES TO BE SENT TO: Jeannie Vaughn Title: Building Official City of Bremerton, Community Development Address: 345 6`h Street, Suite 600 Bremerton, WA 98337 Phone: 360-473-5212 Contract Number: 5166 Vendor- CODEPROS, LLC Subject: PSA - Supplemental Building Department Services Department DCD File Class: LEG 12-1 Begin Date: 7/26/2012 End Date: Review Date Vault Date. Comments: PROFESSIONAL SERVICES AGREEMENT Supplemental Building Department Services The City of Bremerton ("City") and CodePros, 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 August 1, 2012, 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 G 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: This agreement commences upon execution by the parties and shall continue in full force and effect until terminated pursuant to Section IV 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 $20,000 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule Upon receipt of a conforming billing statement, the City shall promptly process payment PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein The Consultant's labor rates and billing fees shall be as delineated in Exhibit C Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve Consultant of its obligations under this Agreement 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 Bremerton/CodePros, LLC Supplemental Building Department Services Page 1 of 6 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: 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, arming 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 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 Should a court of competent jurisdiction determine that 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 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 Bremerton/CodePros, LLC Supplemental Building Department Services Page 2 of 6 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 employer's liability, and 3. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim 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 refect 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 insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management, 345 6th Street, Suite 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: Bremerton/CodePros, LLC Supplemental Building Department Services Page 3 of 6 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 Allyn, 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 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 D Place of Work The Consultant shall perform the work authorized under this Agreement at its offices in Allyn, 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 Work involving the performance of inspections as described in Exhibit A, Scope of Work, shall take place at the properties within the city limits of Bremerton for which building permits are issued, as requested by the City of Bremerton, or at locations mutually agreed upon by the parties E 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 Bremerton/CodePros, LLC Supplemental Building Department Services Page 4 of 6 F Severability Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect G Modification This Agreement may only be modified by written instrument signed by both Parties H Written Notices All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing City Address Consultant Address City of Bremerton CodePros, LLC Dept of Community Development Attn Michael J Barth 345 6t" St , Ste 600 P O Box 185 Bremerton, WA 98337 Allyn, WA 98524 I 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 J 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 atiy 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 K Compliance with Laws Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement L 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 M 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 N 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 Bremerton/CodePros, LLC Supplemental Building Department Services Page 5 of 6 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 Delay 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 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 CITY OF BREMERTON _6pw�_4_x� By PAITLitrr its M Yo R Date r-24 —(y Approved as to form "merton y orne Bremerton/CodePros, LLC Supplemental Building Department Services Page 6 of 6 CONSULTANT By Micha Barth its Managi g M mber/President Date '7 a 5 (Altsst ty erk EXHIBIT B Fee Schedule for Building Department Services by CodePros, LLC. for the City of Bremerton. CodePros Services Agreement dated August 1, 2012 CodePros' Plan Review Service Fees: o Building Plan Review Service Fee (Commercial > $1 M) 55% of Bremerton's review fee o Building Plan Review Service Fee (Commercial = < $1 M) 60% of Bremerton's review fee o Building Plan Review Service Fee (1-2 Family Residential) 75% of Bremerton's review fee o Attendance of Pre-Ap conference for projects > $1 M valuation no charge o Attendance of Pre-Ap conference for projects =<$1 M valuation $50 00 per hour (Plan review and permit fees that are the basis of this agreement shall be based on the fee schedule as adopted by the City of Bremerton, utilizing the fee table as shown in BMC 3 01 040, Community Development - Rate Table C, as of the date of this agreement Plan Review fees are established as 65% of the permit fee Project valuations shall be defined as the total value of all construction work for which the permit is issued, and shall include but not be limited to roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and permanent equipment The valuation shall be, at a minimum, as determined by utilizing the most recently published "Square Foot Construction Costs" table published by the International Code Council in its "Budding Safety Journal" magazine ) Other Fees: o Supplemental On -Call building Inspections $70 00 per hour o Project Support (upon specific request of jurisdiction) 65% of Bremerton's review and permit fee o Inspections outside of business hours $100 00 per hour, (2 hour minimum) o Investigative Services and/or testimony $125 00 per hour o Code Enforcement Activities (as requested by City) $85 00 per hour o Code consultation and/or code interpretation, not associated with plan review services above $70 00 per hour o Analysis of alternate methods and/or materials $70 00 per hour o Structural engineering review by P E (projects<$4M) (actual costs) o Structural engineering review by P E (projects>$4M) no additional charge Terms: CodePros bills for the previous month, by the third business day of the month, payable within 30 days Plan review 60% of fee due upon first comments, the remaining 40% upon completion of the final review If billing discrepancies are identified by the Municipality, such discrepancy shall be brought to the attention of the Company prior to the payment due date COMMUS, City of Bremerton - Service Agreement Exhibit B EXHIBIT A Scope of Work/List of Services Provided by CodePros, LLC for the City of Bremerton, WA CodePros Professional Services Agreement dated August 1, 2012 Note This list of services can be updated and amended as necessary to ensure the Municipality's needs are met and the services provided satisfy the Municipality, property owners, and the budding community Plan Review services provided as part of the agreement Perform plan review on select building projects in the Municipality on a non-exclusive, as -needed basis as requested by the Municipality's building official or administrator These may include any type of construction project, such as, without limitation single-family residential construction, multi -family residential construction, new commercial, industrial, and institutional construction, as well as tenant improvements and/or remodeling projects in any existing buildings Building plan review will, as directed by Municipality staff, include review of foundation systems, structural systems, plumbing and mechanical systems and energy code provisions to determine compliance with the Washington State Building Code, along with the Plumbing, Mechanical, Fuel -Gas and Energy Codes, and any local amendments adopted by the City of Bremerton Follow-up plan review of corrections of identified items is included Plan Review turn -around time -frame targets are as follows Project Size based on Valuation Plan Review Turnaround time to Goal first comments - IRC Residential Projects IBC Small Commercial Project (Valuation less than $1M) IBC Large Commercial Project (Valuation $1M to $10M) IBC Exceptionally Large Project (Valuation greater than $10M) S working days j10 working days___ ------ C 20 workmgYdays-_ --__ __ _ ____ _725 -working -days Other Services provided as part of the agreement: o Provide code interpretations and professional opinions as requested by the Municipality o On-call building inspections as requested by the Municipality (minimum 48 hours notice) o Communicate and coordinate efforts with professional partner employees, service providers, and other jurisdiction staff, elected officials and other agencies o Provide regular status and activity reports o Maintain proper legal records, provide document storage, and respond to public disclosure records requests By acceptance of the Professional Service Agreement and Exhibits A & B, the Municipality hereby authorizes the Company to perform supplemental building plan review services and/or building and structure inspections services within the incorporated boundaries of the Municipality on an as -needed, non-exclusive basis as directed by Municipality staff based upon the Washington State Building Codes and any other adopted codes and state and local amendments, or applicable State and Federal requirements, and other Municipality adopted regulations, standards, and requirements related to building construction (collectively, the "Municipality's Codes") COdePPOIL LLC, City of Bremerton - Service Agreement Exhibit A ACORL]r CERTIFICATE OF LIABILITY INSURANCE O TER CERTIFICATEla ISSUED PaAMATTER OF nox AND CONFERS HOLDER. THIS IS CERTIFICATE XOR GATWELPMENG,ENRALTER THE AFFORDED BY WE BELOW. THIS INSURANCE ACONTRACT BETWEEN THE ISSUING IxSURIEwai, AuaxcBMEE REPRESENTATIVE OR PRODUCER, x, AND HE CERTIFICATE HOLDER. IMPORTANT11ateMoo holder Man ADDITIONAL IXBED,the IM, xeaNN&UBROON B WSULp[I to Me 1o,,soti0ePollry, P[Ildasmrymquiroanondommenl. A slalooment anlNs ceXlflcate does net coffer lgMs 10 Me aNMoaoholEffInl,euolsu[M1entl0rsMOnt(i). Mll WXxe. Mntltl86nlN lnsurencePOry lnoENUM vor Po BnL IN�RMlAffOWx INSURERS: Mass Un@ NMS tial IWMMWCc. 30M Atllon WA 98584006 METRIC HERBERT: UndmMerstl Ll MUSIC Code ROSS LLC INSURED NM MIMad J Man Po Bw IB M WA BOSN COVERAGE& CERTIFICATE NUMBER: REASON NUMBERINDICATED NO��MDINGMY REQUIREMENT, TERM OR (CONDITION (LEARN CONTRACT OR OWER DOLUMENUMATH RESPECITO MIT" NUW (CERTIFICATE MAY BE DENIED OR MAY MUTANT THE NEURAFEAFFORDED BY WE POLICIES DESCRIBED HEREIN IS SUBJECT MALL THE TERMS E)OLLUSKINSAND (COUNTERS Or SUCH PRICIES UNITS SHOWNI MAY NAME HEM MOUCED By MID CLAIMS NSA P X W CML ry EACHOCECAMENCE1,000.000 nsusu OOa nx Oddball a 100.000 BURNS FIS 1,000,000 US MwtlgSNOCRO 0EW 0]RBR019 0]RBROM ">a 2000.000 °o`er o 2000.0W So ALTOS AUNIONS A ax ovJOe OFFIINEWA ICYLuaLr EaOx .6003U,09W 0]cal 0MRNMO X oTM 6 Ga F ,00a 0aa ,468.000 NshANYiiouno wCM11Na emw a$100 Ii004000 B F&O PoLARI(09518W 07MM19 W428G021 mP "are $,, OM Each Oaurenca ,. L At ommd wahm washed MR. .r.1 CRI NONE is namM as ab]xlmel msmM per a ml WA12 GANN ). Cmwa9e is Pri and MenContributoryParMml (04113). AVAImm ab[p.em applies PElam NOSOINWE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF WE ABOVE DESCRIBED POILICHM BE CANCELLED BEFORE EMISSION GGE REdEOF. NOTICE WILL BE xEuvmEg IN Maaymaremena, ACCORDANCE ww ME POLICY PRanadxa US BY Street Suite 100 AUTHORIZED RMRUENTATW &emenal WA N337 II!I0 OIS88 2014ACORO CORPORATION. PII rlgMs ruservM. ACORO 25(30141011 MERCERS naneana logo we registered merge&ACORO AC40RD CERTIFICATE OF LIABILITY INSURANCE DATEitrI61hI FnA"nn1f) THIS CERTIFICATE IS ISSUED ASA P41ATTER OF INFORMATIONt7NLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTA.FFIRMATIVELY' OR NEGATIVELY AMEND, EXTENT) OR ALTER THE COVERAGE AFFORDED BY THV. POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER('$), AUTHCRVED REPRESENTATIVE OR PRODUCER, AND TH5 CEFITIriCATE HOLDER. IMPORTANT If the caI'Ilflcata7757Is an ADDITIONAL INSURED, the polloy(les) must Igo andorlred. fEOBROGATICN ISWAi t , subject to lbo forms and oonditlons of tho policy, oertaln policies may roquIr , an 8:ndorsornoni.. A statement on thIs cortlflcutadoes not Coffer rights to tho cartttleato holder In lieu of such endorsomont( Arnold &.: Smith Insil aaceAgcy Inc A�F CNEt; Na ar F-MAIL PO Box L INSURER S)AFFCYRDING COVERAGE NAIL 4 Shelton _ _. INA 98584.006 INSURER,A ; Mesa 1.1H' derw filters Specialty InsuranceCo.36838 _ _.__... INSURED IN"tURERt3 Code Pros, LLC INSURBRC: Alin Michael ,I Barth INSURER Q PO Box 145 INCUR€RE, Ain, WA 90524 iNsuRER F ; COVERAGES C RTIFICATE NUMBER; REVISION NUMBER: THIS IS T4 CERTIFY THAT THE POLICIES & IN.�URANCI LISTED BELOWHAVIn` SEEN ISSUED TO THE INSURED NAMEDA91OVE FOR THE POLIQY PERIOD INDICATED, t4OTWITHSTAND1140AN.YREQUIREMNT, TERM OR CONDITION CtF;f ANY CONTRACT OR OTHER 00CUMENTV11TH RESPECT 1 O WHICH THIS CERTIFICATE MAY ER 164JED OR MAY PERTAIN, THE W URANCGAFF'ORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSION ANO CONDITIONS OF SUCH POLICIES. LIMITS 8110AIN MAY HAVE BEEPI REDUCED EY PAID CLAIr". LrR TyPEOFINSURANCE POLICY MMBSA IIMtB6h'Yi^Y N1I CtrYti PN LIMITS R. COMMERCIAL GENERAL LIABILITY CLAW $IAA E L J OCCUR EACH OCCURRENCE � tAI�F�� r.+ a 0 asp 100100Qa. e << m 'ERSOKAL&.ADVIN.URY S 1,000,000 A X, MP0040003010940 07l261201 0712621=2 GEN'I.AGfivRE ATE t MIT,A LIf SPER. POLICY E] � El LOC 0 ENE$,,AL��AGGAEGATE S 2,000,000 PRODUCTS-CoMP)OPAGG S .000,000 _ OTHER- AUTOMOBILEb_ LIABILITY (i9YP'NN III YI( arpur } ANYAUTO SCIi - AUTOSlEi7 AIT�EF uIED NONQ'AHED "IIkEDAUr17S AY3TBES' +CJIy,'�v1+�,:IdRYfPAr�Gfiis'ItYai11 �dF x TY ;rAh r E dr'grss, I1-Y, ....._._. UMBRELLALIAB OCCUR 4I�IE]��;ElRAffl+', .__. $.__. ixCCSs LIAF3 _._ . ,WWREGATE .. __. WORKERS COMPENSATION AND GNIPLOYERS' LIABILITY YiN MY IGRI ARTNEWEXI CkfHJE IH Wrarrnn REXCLUr010? 70 , aA _............ ....EiI Cnd5W'b0Und �ta[tv � r QT�H , [F01 ACCIDENT ,01145LAS9UOYE. Eik#3\O�6�»�i FSVASh "Stop"Gap 1,000,00.0A 0 i00000 .. DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLE 9 IACORO 70 11,.At diff onO R9muk8 Schodule, m ay use ¢1Ia Choi IT mOnu 8PA90 IN MgUrrodl ertfflcata holder Is named as addition aI Insured per form CG2012 (04/13�. Coverage 1s Primary and Non -Contributory per form (04M 3).AWaiver of uhrogatlon applies perform (05100), SHOULD ANY OF THE ASOVE DESCRIBED POLICIES; DE CAN 0ELLED BEFORE THE EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN The City of Bremerton ACCORDANCE WITH 'DiE POLICY PROVISIONS. 345 Oth Street Sulte 100 _ ...... ,AIJ'rF9ORIZEFr REPRESENTATIVE Bremarton WA 08357 �? Q 1088-2014A.CORD CORPORATION All rights rasorved, A+CORD 25 (2014101) Tbo ACOR l narno and logo are roglstored marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 2012 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: The City of Bremerton 345 6th Street Suite 100, Bremerton WA 98337 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. 'Bodily injury" or "property damage" included within the "products -completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2012 0413 O Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 04 4211 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. liel ZM =1 M 1A 0 1 MTO► • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Bodily Injury By Accident $ 1,000,000 Each Accident Bodily Injury By Disease $ 1.000.000 Aggregate Limit Bodily Injury By Disease $ Each Em to ee (If no entry appears above, the information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. The following is added to Section I — Coverag- No other obligation or liability to pay sums es: or perform acts or services is covered un- COVERAGE — STOP GAP — EMPLOYERS less explicitly provided for under Supple - LIABILITY mentary Payments. 1. Insuring Agreement b. This insurance applies to "bodily injury by accident" or "bodily injury by disease" only a. We will pay those sums that the insured if: becomes legally obligated by Washington Law to pay as damages because of "bodily {1) The: injury by accident" or "bodily injury by dis- (a) "Bodily injury by accident" or "bodily ease" to your "employee" to which this in- injury by disease" takes place in the surance applies. We will have the right "coverage territory"; and duty to defend the insured against any "suit" (b) "Bodily injury by accident" or "bodily seeking those damages. However, injury by disease" arises out of and we will have no duty to defend the insured "suit" in the course of the injured "em- against any seeking damages to ployee's" employment by you; and which this insurance does not apply. We may, at our discretion, investigate any ac- (c) "Employee", at the time of the in- cident and settle any claim or "suit" that jury, was covered under a worker's may result. But: compensation policy and subject to (1) The amount we will pay for damages is a "Workers compensation law" ofWashington; and limited as described in Section III — Limits Of Insurance; and (2) The: (2) Our right and duty to defend end when (a) "Bodily injury by accident" is caused we have used up the applicable limit of by an accident that occurs during insurance in the payment of judgments the policy period; or or settlements under this coverage. CG 04 42 1103 C ISO Properties, Inc., 2003 Page 1 of 4 13 (b) "Bodily injury by disease" is caused by or aggravated by conditions of employment by you and the injured "employee's" last day of last expo- sure to the conditions causing or aggravating such "bodily injury by disease" occurs during the policy period. c. The damages we will pay, where recovery is permitted by law, include damages: (1) For: (a) Which you are liable to a third party by reason of a claim or "suit" against you by that third party to re- cover the damages claimed against such third party as a result of injury to your "employee"; (b) Care and loss of services; and (c) Consequential "bodily injury by accident" or "bodily injury by dis- ease" to a spouse, child, parent, brother or sister of the injured "em- ployee"; provided that these damages are the direct consequence of "bodily injury by accident" or "bodily injury by disease" that arises out of and in the course of the injured "employee's" employment by you; and (2) Because of "bodily injury by accident" or "bodily injury by disease" to your "employee" that arises out of and in the course of employment, claimed against you in a capacity other than as em- ployer. 2. Exclusions This insurance does not apply to: a. Intentional Injury "Bodily injury by accident" or "bodily injury by disease" intentionally caused or aggra- vated by you, or "bodily injury by accident" or "bodily injury by disease" resulting from an act which is determined to have been committed by you if it was reasonable to believe that an injury is substantially cer- tain to occur. b. Fines Or Penalties Any assessment, penalty, or fine levied by any regulatory inspection agency or au- thority. c. Statutory Obligations Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. d. Contractual Liability Liability assumed by you under any con- tract or agreement. e. Violation Of Law "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any employee while employed in violation of law with your actual knowledge or the ac- tual knowledge of any of your "executive officers". f. Termination, Coercion Or Discrimination Damages arising out of coercion, criticism, demotion, evaluation, reassignment, dis- cipline, defamation, harassment, humilia- tion, discrimination against or termination of any "employee", or arising out of other employment or personnel decisions con- cerning the insured. g. Failure To Comply With "Workers Compensation Law" "Bodily injury by accident" or "bodily injury by disease" to an "employee" when you are: (1) Deprived of common law defenses; or (2) Otherwise subject to penalty; because of your failure to secure your ob- ligations or other failure to comply with any "workers compensation law". h. Violation Of Age Laws Or Employment Of Minors "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any person: (1) Knowingly employed by you in violation of any law as to age; or (2) Under the age of 14 years, regardless of any such law. i. Federal Laws Any premium, assessment, penalty, fine, benefit, liability or other obligation imposed by or granted pursuant to: (1) The Federal Employer's Liability Act (45 USC Section 51-60); (2) The Non -appropriated Fund Instrumen- talities Act (5 USC Sections 8171- 8173) ; Page 2 of 4 0 ISO Properties, Inc., 2003 CG 04 4211 03 ❑ (3) The Longshore and Harbor Workers' Compensation Act (33 USC Sections 910-950); (4) The Outer Continental Shelf Lands Act (43 USC Section 1331-1356); (6) The Defense Base Act (42 USC Sec- tions 1651-1654); (6) The Federal Coal Mine Health and Safety Act of 1969 (30 USC Sections 901-942); (7) The Migrant and Seasonal Agricultural Worker Protection Act (29 USC Sec- tions 1801-1872); (8) Any other workers compensation, unemployment compensation or disa- bility laws or any similar law; or (9) Any subsequent amendments to the laws listed above. j. Punitive Damages Multiple, exemplary or punitive damages. k. Crew Members "Bodily injury by accident" or "bodily injury by disease" to a master or member of the crew of any vessel or any member of the flying crew of an aircraft. B. The Supplementary Payments provisions apply to Coverage — Stop Gap Employers Liability as well as to Coverages A and B. C. For the purposes of this endorsement, Section II — Who Is An Insured, is replaced by the follow- ing: If you are designated in the Declarations as: 1. An individual, you and your spouse are insu- reds, but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. 3. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with re- spect to their duties as your managers. 4. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and direc- tors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 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 In- sured in the Declarations. D. For the purposes of this endorsement, Section III — Limits Of Insurance, is replaced by the follow- ing: 1. The Limits of Insurance shown in the Sche- dule of this endorsement 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. The "Bodily Injury By Accident" — Each Acci- dent Limit shown in the Schedule of this en- dorsement is the most we will pay for all dam- ages covered by this insurance because of "bodily injury by accident" to one or more "employees" in any one accident. 3. The "Bodily Injury By Disease" — Aggregate Limit shown in the Schedule of this endorse- ment is the most we will pay for all damages covered by this insurance and arising out of "bodily injury by disease", regardless of the number of "employees" who sustain "bodily in- jury by disease". 4. Subject to Paragraph D.3. of this endorse- ment, the "Bodily Injury By Disease" — Each "Employee" Limit shown in the Schedule of this endorsement is the most we will pay for all damages because of "bodily injury by dis- ease" to any one "employee". The limits of the coverage apply separately to each consecutive annual period and to any re- maining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is ex- tended 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. CG 04 42 1103 @ ISO Properties, Inc., 2003 Page 3 of 4 ❑ E. For the purposes of this endorsement, Condition 2. — Duties In The Event Of Occurrence, Claim Or Suit of the Conditions Section IV is deleted and replaced by the following: 2. Duties In The Event Of Injury, Claim Or Suit a. You must see to it that we or our agent are notified as soon as practicable of a "bodily injury by accident" or "bodily injury by dis- ease" which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "bodily injury by accident" or "bodily injury by dis- ease" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable, You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the injury, claim, proceeding or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us and assist us, as we may request, in the investigation or set- tlement of the claim or defense against the "suit'; (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury to which this insurance may also apply; and (6) Do nothing after an injury occurs that would interfere with our right to recover from others. d. No insured will, except at that insured's own cost, voluntarily make a payment, as- sume any obligation, or incur any expense, other than for first aid, without our consent. F. For the purposes of this endorsement, Paragraph 4. of the Definitions Section is replaced by the following: 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory de- scribed in a. above, but who is away for a short time on your business; provided the insured's responsibility to pay damages is determined in the United States (including its territories and possessions), Puerto Rico, or Canada, in a suit on the me- rits according to the substantive law in such territory, or in a settlement we agree to. G. The following are added to the Definitions Sec- tion: 1. "Workers Compensation Law" means the Workers Compensation Law and any Cccu- pational Disease Law of Washington. This does not include provisions of any law provid- ing non -occupational disability benefits. 2. "Bodily injury by accident" means bodily injury, sickness or disease sustained by a person, including death, resulting from an accident. A disease is not "bodily injury by accident" un- less it results directly from "bodily injury by ac- cident". 3. "Bodily injury by disease" means a disease sustained by a person, including death. "Bodi- ly injury by disease" does not include a dis- ease that results directly from an accident. H. For the purposes of this endorsement, the defini- tion of "bodily injury" does not apply. Page 4 of 4 0 ISO Properties, Inc., 2003 CG 04 4211 03 ❑ POLICY NUMBER: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Bremerton 345 6th Street Suite 100, Bremerton WA 98337 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 06 09 C Insurance Services Office, Inc., 2008 Page 1 of 1 13 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1