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HomeMy WebLinkAbout6629 DocuSign Envelope ID A9A16336-0CA0-4D28-A1 C5-2CCC3B62F677 PROFESSIONAL SERVICES AGREEMENT [Sinclair Ridge Phase 2 and 3 Geologically Hazardous Areas Review) /ID No. BD23 00005 and BD23 00001] The City of Bremerton ("City") and Zipper Geo Associates, LLC (geotechnical consultants) ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Scopes of Work, dated December 6, 2023, including any attachments thereto, attached hereto as Exhibit A and Exhibit B, which is incorporated by reference herein. The Scopes of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scopes of Work provide 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. IL Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A and B immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A and B is to be completed as provided for in the work schedule attached hereto as Exhibit C;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 $17,835; or as otherwise agreed to in writing by the City. Consultant's charges and bills shall conform to the fee schedule included in Exhibit D 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 D. Consultant shall not perform work beyond the Scopes of Work, nor shall be compensated for such work, unless the Scopes 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 D. 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 Page 1 of 7 Bremerton/Zipper Geo Associates,LLC] Sinclair Ridge Phase 2&3 Rev. 06/2020 DocuSign Envelope ID:A9A16336-0CA0-4D28-A1 C5-2CCC3B62F677 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. Indenmification: 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 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. Page 2 of 7 Bremerton/Zipper Geo Associates,LLC] Sinclair Ridge Phase 2&3 Rev. 06/2020 DocuSign Envelope ID A9A16336-0CA0-4D28-A1 C5-2CCC3B62F677 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents,representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management,345 6th Street, Suite 100, Bremerton, Page 3 of 7 Bremerton/Zipper Geo Associates,LLC] Sinclair Ridge Phase 2&3 Rev. 06/2020 DocuSign Envelope ID:A9A16336-0CA0-4D28-A1 C5-2CCC3B62F677 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. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant's responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 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 Lynnwood, 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 Page 4 of 7 Bremerton/Zipper Geo Associates,LLC] Sinclair Ridge Phase 2&3 Rev. 06/2020 DocuSign Envelope ID:A9A16336-0CA0-4D28-A1 C5-2CCC3B62F677 provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Lynnwood, 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. L Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Andrea Spencer Attn: David C. Williams, LG, LEG Director of Community Development Zipper Geo Associates, LLC City of Bremerton 19019—36th Avenue West, Suite E 345 6t' Street, Suite 100 Lynnwood, Washington 98036 Bremerton, WA 98337-1891 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. Page 5 of 7 Bremerton/Zipper Geo Associates,LLC] Sinclair Ridge Phase 2&3 Rev. 06/2020 DocuSign Envelope ID A9A16336-0CA0-4D28-A1 C5-2CCC3B62F677 L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. 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 Page 6 of 7 Bremerton/Zipper Geo Associates,LLC] Sinclair Ridge Phase 2&3 Rev. 06/2020 DocuSign Envelope ID:A9A16336-0CA0-4D28-A1 C5-2CCC3B62F677 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. XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies,by signing this agreement,that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON Zipper Geo Associates, LLC DocuSigned by: DocuSigned by: 0LL,dAta, a .id, C Locums By: By: uc3bbF nt Bu- tired E. Spencer F44c3ooB1D6F47 ... Print Name: Print Name: David C. Williams Its: Director of Community Development Its: DCW Date: 1/1U/2U24 Date: 1/1U/2U24 APPROVED AS TO FORM: ATTEST: DocuSigned by: DocuSigned by: rAr d ' -oo 1-t,r By. hOLati By. 52ACBC€33£31 B04S2,., 241EUbED41E4bc411 Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev.06 2020.docx Page 7 of 7 Bremerton/I Zipper Geo Associates,LLC] Sinclair Ridge Phase 2&3 Rev. 06/2020 DocuSign Envelope ID A9A16336-0CA0-4D28-A1 C5-2CCC3B62F677 EXHIBIT A-SCOPE OF WORK Geotechnical Engineering Services 12/06/2023 Sinclair Ridge Phase 2 PROJECT INFORMATION Subject: Scope of Geotechnical Engineering Services Sinclair Ridge Phase 2 Geologically Hazardous Areas Review 3023 West State Highway 16, Bremerton,Washington The subject site comprises a single undeveloped parcel encompassing approximately 134 acres. Bordered by Anderson Creek to the east, Highway 16 to the north, No Name Creek to the west, and vacant property to the south,the site is encumbered with critical areas including geologically hazardous areas regulated under Title 20.14 of the Bremerton Municipal Code (BMC). Proposed site improvements will include establishing 343 single-family residential lots over four phases. Construction of Phase 1 that began in 2023 included grading and infrastructure installation to support the first 76 lots, including construction of a stormwater management pond. Zipper Geo Associates (ZGA) assisted the City with geotechnical review services during the Phase 1 permitting process. Phase 2 will include grading and construction of infrastructure for the next lots to the west of Phase 1, but after construction of Phase 3 to the east of Phase 1. Contour Engineering, LLC(CE) is providing civil engineering design services and Terra Associates, Inc. (TAI) is providing geotechnical engineering services for the project.The Applicant is Century Homes. Project documents provided to by the City (listed below) proposed for review include, but may not be limited to: o TAI, Forest Practices Application/Notification, dated 13 September 2023,and supporting Forest Practices Geotechnical Evaluation. Sinclair Ride—Phases 2, 3, and 4,dated 3 August 2023. o TAI Geotechnical Report,Sinclair Ridge, Bremerton, Washington, 5th Revision dated 17 June 2022. o City of Bremerton,Site Development Permit Application, Sinclair Ridge Phase II, Revision dated July 2021. o City of Bremerton,Sinclair Ridge Phase 2—BD23 00001, Public Works 1st Review Comments,dated 22 September 2023. o Century Homes, Narrative Project Support re:Sinclair Ridge Preliminary Plat—Phase 4(P06 00183&BP14 00075), dated 26 September 2023. o CE, Civil Engineering Plans For Sinclair Ridge Plat Phase II, City of Bremerton, Washington, dated 5 April 2023. o CE,Stormwater Site Plan for Sinclair Ridge Plat—Phase 2,dated April 2023. Applicant and TAI are in the process of preparing responses to permit conditions regarding Phase 1 design and construction that include three conditions included in the 27 September 2022 ZGA Summary of Geotechnical Review Comments,Second Submittal, Proposed Sinclair Ridge Plat Residential Development, Site Development Permit BC21 0004. Based on initial brief review of the City's Phase 3 review comments, it appears that TAI may Zipper Geo Professional Services Agreement DocuSign Envelope ID:A9A16336-0CA0-4D28-AlC5-2CCC3B62F677 have provided an addendum to their 17 June 2022 geotechnical engineering report. ZGA has not yet received these documents, but have considered that they will be made available and included in review. SCOPE OF GEOTECHNICAL REVIEW SERVICES This scope of services and fee estimate for review of the project submittal relative to geotechnical aspects of BMC Title 20.14 Critical Areas. Our proposed scope tasks associated with an initial review are summarized below. For purposes of this proposal we have considered that our review will be in reference to the pre-September 2023 version of BMC Title 20.14 Critical Areas. • Review the TAI geotechnical documents, and the geotechnically-related aspects of the other submittal documents listed above, including the expected addendum to TAI's 17 June 2022 geotechnical report and TAI's response to conditions described in the ZGA 27 September 2022 letter referenced above. • Prepare a summary letter that includes the following: o A summary of pertinent geologic and geomorphologic site conditions identified during the document review and site visit; o Conclusions regarding the adequacy of the TAI geotechnical report and related supplements regarding characterization of regulated geologic hazard critical areas and the City's Development Standards. We anticipate that this effort will likely focus on review of supplemental slope stability analysis; o Conclusions regarding the adequacy of the civil engineering plans relative to recommendations contained in the TAI geotechnical documents, particularly in regard to the locations of regulated slope setbacks; o Recommendations for additional geotechnical engineering efforts or development plan modifications that may be warranted in order to adequately address BMC requirements regarding regulated geologic hazard critical areas. • A second round of review in response to Applicant and TAI responses to the first round review comments. • Preparation of a letter summarizing the second review round. • Project administration. Zipper Geo Professional Services Agreement DocuSign Envelope ID A9A16336-0CA0-4D28-A1 C5-2CCC3B62F677 EXHIBIT B -SCOPE OF WORK Geotechnical Engineering Services 12/06/2023 Sinclair Ridge Phase 3 PROJECT INFORMATION Subject: Scope of Geotechnical Engineering Services Sinclair Ridge Phase 3 Geotechnical Review 3023 West State Highway 16, Bremerton,Washington The Sinclair Ridge site comprises a single undeveloped parcel encompassing approximately 134 acres. Bordered by Anderson Creek to the east, Highway 16 to the north, No Name Creek to the west, and vacant property to the south,the site is encumbered with critical areas including geologically hazardous areas regulated under Title 20.14 of the Bremerton Municipal Code (BMC). Proposed site improvements will include establishing 343 single-family residential lots over four phases. Construction of Phase 1 that began in 2023 included grading and infrastructure installation to support the first 76 lots, including construction of a stormwater management pond that will also serve future Phase 3. Zipper Geo Associates (ZGA) assisted the City with geotechnical review services during the project's initial 2021 and 2022 permitting process. Phase 3 will include grading and construction of infrastructure for the next lots to the east of Phase 1 (and prior to construction of Phase 2 to the west of Phase 1). Contour Engineering, LLC(CE) is providing civil engineering design services and Terra Associates, Inc. (TAI) is providing geotechnical engineering services for the project. The Applicant is Century Homes. Project documents provided to by the City (listed below) proposed for review include, but may not be limited to: o TAI, Forest Practices Application/Notification, dated 13 September 2023,and supporting Forest Practices Geotechnical Evaluation. Sinclair Ride—Phases 2, 3, and 4,dated 3 August 2023. o TAI Geotechnical Report,Sinclair Ridge, Bremerton, Washington, 5th Revision dated 17 June 2022. o CE,Sinclair Ridge Plat—Phase 3 Site Development Permit Application, dated 22 February 2023. o City of Bremerton,Stormwater Site Plan for Sinclair Ridge Phase 3, Public Works Review#1 Markups, dated 16 August 2023. o City of Bremerton, Civil Plans for Sinclair Ridge Phase 3, Public Works Review#1 Markups, dated 16 August 2023. o Century Homes, Narrative(sic) Project Support re:Sinclair Ridge Preliminary Plat—Phase 4(P06 00183& BP14 00075), dated 26 September 2023. o CE,Stormwater Site Plan for Sinclair Ridge Plat—Phase 3,dated February 2023. o CE, Civil Engineering Plans For Sinclair Ridge Plat Phase II, City of Bremerton, Washington, dated 5 April 2023. o CE,Sinclair Ridge Plat—Phase 3,Site Development Permit Application, revision dated July 2021. Zipper Geo Professional Services Agreement DocuSign Envelope ID:A9A16336-0CA0-4D28-AlC5-2CCC3B62F677 ZGA understands that the Applicant and TAI are in the process of preparing responses to permit conditions regarding Phase 1 design and construction that include three conditions included in the 27 September 2022 ZGA Summary of Geotechnical Review Comments, Second Submittal, Proposed Sinclair Ridge Plat Residential Development,Site Development Permit 8C21 0004. Based on initial brief review of the City's Phase 3 review comments, it appears that TAI may have provided an addendum to their 17 June 2022 geotechnical engineering report. ZGA has not yet received these documents, but have considered that they will be made available and included in review. SCOPE OF GEOTECHNICAL REVIEW SERVICES This scope of services and fee estimate is for review of the project submittal documents listed above relative to geotechnical aspects of BMC Title 20.14 Critical Areas. The proposed scope tasks associated with two review rounds are summarized below. This scope of services considers that the review will be in reference to the pre- September 2023 version of BMC Title 20.14 Critical Areas. • Review the TAI geotechnical documents,and the geotechnically-related aspects of the other submittal documents listed above, including the expected addendum to TAI's 17 June 2022 geotechnical report and TAI's response to conditions described in the ZGA 27 September 2022 letter referenced above. • Complete a site visit to observe surface conditions in Phase 3 as well as the constructed portion of Phase 1 • Prepare a summary letter that includes the following: o A summary of pertinent geologic and geomorphologic site conditions identified during the document review and site visit; o Conclusions regarding the adequacy of the TAI geotechnical report and related supplements regarding characterization of regulated geologic hazard critical areas and the City's Development Standards. We anticipate that this effort will likely focus on review of supplemental slope stability analysis; o Conclusions regarding the adequacy of the civil engineering plans relative to recommendations contained in the TAI geotechnical documents, particularly in regard to the locations of regulated slope setbacks; o Recommendations for additional geotechnical engineering efforts or development plan modifications that may be warranted in order to adequately address BMC requirements regarding regulated geologic hazard critical areas. • A second round of review in response to Applicant and TAI responses to the first round review comments. • Preparation of a letter summarizing the second review round. • Project administration. Zipper Geo Professional Services Agreement DocuSign Envelope ID:A9A16336-0CA0-4D28-AlC5-2CCC3B62F677 EXHIBIT C-WORK SCHEDULE The anticipated work schedule of this contract continues through December 31, 2024. The specific timeframes of services and deliverables are established and managed by the director with the requested service or task. Zipper Geo Professional Services Agreement DocuSign Envelope ID:A9A16336-0CA0-4D28-AlC5-2CCC3B62F677 EXHIBIT D — COMPENSATION An anticipated budget of$7,270.00 for Phase 2 will be required for the scope of services described herein. Services will be invoiced on a time and expenses basis in accordance with a consulting agreement with the City and in accordance with the fee schedule shown below. In the event that unanticipated conditions or circumstances are identified over the course of our review, the approved scope and budget will not be exceeded without your prior authorization. An anticipated budget of$10,565.00 for Phase 3 will be required for the scope of services described herein. Services will be invoiced on a time and expenses basis in accordance with a consulting agreement with the City and in accordance with the fee schedule shown below. In the event that unanticipated conditions or circumstances are identified over the course of our review,the approved scope and budget will not be exceeded without your prior authorization. Labor Classification Fee Technician $ 85.00 /Hour Staff Engr/Geol $ 100.00 /Hour Sr. Staff Engr/Geol $ 115.00 /Hour Project Engr/Geol $ 135.00 /Hour Senior Engr/Geol $ 154.00 /Hour Associate $ 173.00 /Hour Principal $ 184.00 /Hour Expert Opinion/Forensics $ 220.00 /Hour Expert Witness(4-hr min) Rate x 1.75 Reimbursable Expenses Expense Fee Outside Services or Subcontractors Cost+10% Outside equipment rental Cost+10% Vehicle Mileage, per mile Federal Rate Reprographic services Cost+10% Transportation by public carrier Cost+10% Outside materials and supplies Cost+10% Zipper Geo Professional Services Agreement DocuSign Envelope ID:A9A16336-0CA0-4D28-A1C5-2CCC3B62F677 A`E o DATE(MM/DD/YYYY) 6(MM/DD° CERTIFICATE OF LIABILITY INSURANCE 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Calandra Milks AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 19689 13604743280 19689 7th Ave NE, Ste 183, PMB#369 (A/C,No,Ext): 13604743280 Poulsbo WA 98370 ADODRESS: casandra.milks@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA: RLI INSURANCE COMPANY 13056 INSURED ZIPPGEO-01 INSURER B: Pacific Insurance Company, Limited 10046 Zipper Geo Associates LLC 19019 36th Avenue West, Suite E INSURER C: Lynnwood WA 98036 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:707172955 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y PSB0002999 4/2/2023 4/2/2024 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X 'ECT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y PSB0002999 4/2/2023 4/2/2024 COMBINED SINGLE LIMIT $2,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) A UMBRELLA LIAB X OCCUR Y Y PSE0001947 4/2/2023 4/2/2024 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION PSB0002999 4/2/2023 4/2/2024 PER X OTH- AND EMPLOYERS LIABILITY Y/N STATUTE ER WA Stop Gap 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 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 B Professional Liab;Claims Made N Y 020H0418337-23 1/1/2023 1/1/2024 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder and its subsidiaries is/are an Additional Insured on the Commercial General Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured.The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subrogation applies to the Commercial General Liability, Excess Liability and Employers Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton, Washington ACCORDANCE WITH THE POLICY PROVISIONS. 345-6th Street, Suite 600 Bremerton WA 98337 AUTHORIZED REPRESENTATIVE United States a f-L ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:A9A16336-0CA0-4D28-A1 C5-2CCC3B62F677 Policy Number:PSB0002999 PSB0002999 PSB0002999 RLI Insurance Company Named Insure&pper Geo Associates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL — DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: City of Bremerton, Email Address: US Mail Address: 345-6th Street,Suite 600 Bremerton,WA 98337 — United States If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (30 ) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. PPK 2108 05 11 Page 1 of 1 DocuSign Envelope ID:A9A16336-0CA0-4D28-A1 C5-2CCC3B62F677 Policy Number: Pse9992999 RLI Insurance Company Named Insured: Zipper HBO Associates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II— LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medicalinsurance Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury" offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 DocuSign Envelope ID:A9A16336-0CA0-4D28-A1 C5-2CCC3B62F677 Policy Number: PSE0001947 RLI Insurance Company Zipper Geo Associates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS EXCESS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. General Aggregate Limit— Per Project Or Per Location B. Additional Insured —Primary/Non-contributory C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM A. General Aggregate Limit — Per Project Or Per (3) premises where operations are performed in Location sections, stages or phases as a continuation Paragraph 2.a. of C. Limits of Liability of SECTION of the same contract or agreement, even if I — INSURING AGREEMENT is deleted and the premises do not involve connecting lots. replaced by the following: B. Additional Insured —Primary/Non-contributory a. The limit of liability stated in the Declarations as Paragraph K. Other Insurance of SECTION IV — general aggregate is the most we will pay during CONDITIONS is deleted and replaced by the each policy period for all ultimate net loss, following: except ultimate net loss because of: K. Other Insurance (1) injury and damage included in the products- If other insurance, whether collectible or not, is completed operations hazard or; available to the insured covering a loss also (2) any coverage included in underlying covered by this policy, the insurance afforded by insurance to which no underlying aggregate this policy shall be in excess of, and shall not applies. contribute with, such other insurance. However, The general aggregate applies separately to if the underlying insurance provides coverage each of your "projects" away from premises to an additional insured on a primary basis, or a owned by or occupied by you or to each of your primary and non-contributory basis, this insur- locations owned by or occupied by you. ance shall be available to such additional insured on an excess basis over the underlying "Projects" mean an area away from premises insurance. We will not share with other owned by or rented to you at which you are insurance which covers such additional insured performing operations pursuant to a contract or as a named insured. agreement. For the purposes of determining the C. Waiver Of Transfer Of Rights Of Recovery applicable aggregate limit of insurance, each "project" at the same "location" shall be Against Others To Us considered a single "project". Paragraph L. Subrogation of SECTION IV — For the purposes of this provision, "location" CONDITIONS is deleted and replaced by the following: means (1) premises involving the same or connecting lots; (2) premises where connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad; or PPU 304 06 10 Page 1 of 2 DocuSign Envelope ID:A9A16336-0CA0-4D28-A1 C5-2CCC3B62F677 L. Subrogation Any amount recovered through subrogation or In the event of any payment under this policy, the otherwise shall be apportioned in the inverse order insured must notify us of any of the insureds rights of payment of the claim or claims involved to the of recovery against any person or organization. We extent of actual payment thereof by all interests. The shall be subrogated to all such rights. The expenses of all such recoveries and proceedings in insured shall execute and deliver instruments connection therewith shall be apportioned in the ratio of respective recoveries. With respect to and papers and do whatever else is necessary to secure such rights. The insured shall do nothing proceedings conducted solely by us, if there is no after loss to prejudice such rights. However we recovery, we will bear the expense thereof. If there waive any rights of recovery we may have is a recovery, we shall be reimbursed in full from such recovery for the amount of all expenses against any person or organization if the incurred by us before apportionment of such underlying insurance also waives such rights. recovery as herein provided. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPU 304 06 10 Page 2 of 2 DATE(MM/DD/YYYY) A�o° CERTIFICATE OF LIABILITY INSURANCE 1/10/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Robyn Catania AssuredPartners Design Professionals Insurance Services, LLC PHONE (vc,No):360-626-9535 3697 Mt. Diablo Blvd., Suite 230 (A/C,No,Ext): 360-626-9535 Lafayette CA 94549 ADODRESS: robyn.catania@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA: RLI INSURANCE COMPANY 13056 INSURED ZIPPGEO-01 INSURER B: Pacific Insurance Company, Limited 10046 Zipper Geo Associates LLC 19019 36th Avenue West, Suite E INSURER C: Lynnwood WA 98036 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:125485067 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y PSB0002999 4/2/2023 4/2/2024 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X 'ECT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y PSB0002999 4/2/2023 4/2/2024 COMBINED SINGLE LIMIT $2,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) A UMBRELLA LIAB X OCCUR Y Y PSE0001947 4/2/2023 4/2/2024 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION Y PSB0002999 4/2/2023 4/2/2024 PER X OTH- AND EMPLOYERS LIABILITY Y/N STATUTE ER WA Stop Gap 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 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 B Professional Liab;Claims Made 130H041833724 1/1/2024 1/1/2025 Per Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is an additional insured per the attached. Insured owns No Company Vehicles;therefore, hired/non-owned Auto is the maximum coverage that applies. The Excess Policy is follow form to its underlying Policies:General Liability/Hired and Non-Owned Auto Liability/Stop Gap-Employers'Liability. Reference:Sinclair Ridge Phase 2 and Phase 3 Geotechnical Review CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton, Washington ACCORDANCE WITH THE POLICY PROVISIONS. 345-6th Street, Suite 600 Bremerton WA 98337 AUTHORIZED REPRESENTATIVE United States a CULL ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: PsB0002999 RLI Insurance Company Named Insured: Zipper HBO Associates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II— LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medicalinsurance Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury" offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSE0001947 RLI Insurance Company Zipper Geo Associates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS EXCESS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. General Aggregate Limit— Per Project Or Per Location B. Additional Insured —Primary/Non-contributory C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM A. General Aggregate Limit — Per Project Or Per (3) premises where operations are performed in Location sections, stages or phases as a continuation Paragraph 2.a. of C. Limits of Liability of SECTION of the same contract or agreement, even if I — INSURING AGREEMENT is deleted and the premises do not involve connecting lots. replaced by the following: B. Additional Insured —Primary/Non-contributory a. The limit of liability stated in the Declarations as Paragraph K. Other Insurance of SECTION IV — general aggregate is the most we will pay during CONDITIONS is deleted and replaced by the each policy period for all ultimate net loss, following: except ultimate net loss because of: K. Other Insurance (1) injury and damage included in the products- If other insurance, whether collectible or not, is completed operations hazard or; available to the insured covering a loss also (2) any coverage included in underlying covered by this policy, the insurance afforded by insurance to which no underlying aggregate this policy shall be in excess of, and shall not applies. contribute with, such other insurance. However, The general aggregate applies separately to if the underlying insurance provides coverage each of your "projects" away from premises to an additional insured on a primary basis, or a owned by or occupied by you or to each of your primary and non-contributory basis, this insur- locations owned by or occupied by you. ance shall be available to such additional insured on an excess basis over the underlying "Projects" mean an area away from premises insurance. We will not share with other owned by or rented to you at which you are insurance which covers such additional insured performing operations pursuant to a contract or as a named insured. agreement. For the purposes of determining the C. Waiver Of Transfer Of Rights Of Recovery applicable aggregate limit of insurance, each "project" at the same "location" shall be Against Others To Us considered a single "project". Paragraph L. Subrogation of SECTION IV — For the purposes of this provision, "location" CONDITIONS is deleted and replaced by the following: means (1) premises involving the same or connecting lots; (2) premises where connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad; or PPU 304 06 10 Page 1 of 2 L. Subrogation Any amount recovered through subrogation or In the event of any payment under this policy, the otherwise shall be apportioned in the inverse order insured must notify us of any of the insureds rights of payment of the claim or claims involved to the of recovery against any person or organization. We extent of actual payment thereof by all interests. The shall be subrogated to all such rights. The expenses of all such recoveries and proceedings in insured shall execute and deliver instruments connection therewith shall be apportioned in the ratio of respective recoveries. With respect to and papers and do whatever else is necessary to secure such rights. The insured shall do nothing proceedings conducted solely by us, if there is no after loss to prejudice such rights. However we recovery, we will bear the expense thereof. If there waive any rights of recovery we may have is a recovery, we shall be reimbursed in full from such recovery for the amount of all expenses against any person or organization if the incurred by us before apportionment of such underlying insurance also waives such rights. recovery as herein provided. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPU 304 06 10 Page 2 of 2 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 3/25/2024 AssuredPartners Design Professionals Insurance Services,LLC 19689 7th Ave NE,Ste 183,PMB #369 Poulsbo WA 98370 Robyn Catania 360-626-9535 360-626-9535 robyn.catania@assuredpartners.com License#:6003745 RLI INSURANCE COMPANY 13056 ZIPPGEO-01 Pacific Insurance Company,Limited 10046ZipperGeoAssociatesLLC 19019 36th Avenue West,Suite E Lynnwood WA 98036 1275247138 A X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 X Y Y PSB0002999 4/2/2024 4/2/2025 4,000,000 A 2,000,000 X X Y Y PSB0002999 4/2/2024 4/2/2025 A X 5,000,000 X Y PSE0001947 4/2/2024Y 4/2/2025 5,000,000 A Y PSB0002999 4/2/2024 4/2/2025 X WA Stop Gap 1,000,000 1,000,000 2,000,000 B Professional Liab;Claims Made 13OH041833724 1/1/2024 1/1/2025 Per Claim Aggregate $2,000,000 $2,000,000 Certificate holder and its subsidiaries is/are an Additional Insured on the Commercial General Liability when required by written contract regarding activities by or on behalf of the Named Insured.The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subrogation applies to the Commercial General Liability,Excess Liability and Employers Liability in favor of the Additional Insured. Insured owns no company vehicles;therefore,hired/non-owned auto is the maximum coverage that applies. The Umbrella Policy is follow form to its underlying Policies:General Liability/Auto Liability/Stop Gap. City of Bremerton,Washington 345 -6th Street,Suite 600 Bremerton WA 98337 United States RLI Insurance Company Policy Number: Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. _ _ 30 PSB0002999 PSB0002999 PSB0002999 Zipper Geo Associates City of Bremerton, 345 -6th Street,Suite 600 Bremerton,WA 98337 United States Policy Number:RLI Insurance Company Named Insured: PPB 304 02 12 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack®FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a.In the performance of your ongoing operations; b.In connection with premises owned by or rented to you; or c.In connection with “your work” and included within the “product-completed operations hazard”. 2.The insurance provided to the additional insured by this endorsement is limited as follows: a.This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b.This insurance does not apply to the rendering of or failure to render any "professional services". c.This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3.The following is added to SECTION III H.2. Other Insurance – COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II – LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a.The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b.The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4.The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us – COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II – LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PSB0002999 Zipper Geo Associates Policy Number: RLI Insurance Company  PPU 304 06 10 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS EXCESS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. General Aggregate Limit – Per Project Or Per Location B. Additional Insured – Primary/Non-contributory C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM A. General Aggregate Limit – Per Project Or Per Location Paragraph 2.a. of C. Limits of Liability of SECTION I – INSURING AGREEMENT is deleted and replaced by the following: a.The limit of liability stated in the Declarations as general aggregate is the most we will pay during each policy period for all ultimate net loss, except ultimate net loss because of: (1) injury and damage included in the products- completed operations hazard or; (2) any coverage included in underlying insurance to which no underlying aggregate applies. The general aggregate applies separately to each of your “projects” away from premises owned by or occupied by you or to each of your locations owned by or occupied by you. “Projects” mean an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" at the same “location” shall be considered a single "project". For the purposes of this provision, “location” means (1) premises involving the same or connecting lots; (2) premises where connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad; or (3) premises where operations are performed in sections, stages or phases as a continuation of the same contract or agreement, even if the premises do not involve connecting lots. B. Additional Insured – Primary/Non-contributory Paragraph K. Other Insurance of SECTION IV – CONDITIONS is deleted and replaced by the following: K. Other Insurance If other insurance, whether collectible or not, is available to the insured covering a loss also covered by this policy, the insurance afforded by this policy shall be in excess of, and shall not contribute with, such other insurance. However, if the underlying insurance provides coverage to an additional insured on a primary basis, or a primary and non-contributory basis, this insur- ance shall be available to such additional insured on an excess basis over the underlying insurance. We will not share with other insurance which covers such additional insured as a named insured. C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Paragraph L. Subrogation of SECTION IV – CONDITIONS is deleted and replaced by the following: PSE0001947 Zipper Geo Associates  PPU 304 06 10 Page 2 of 2 L. Subrogation In the event of any payment under this policy, the insured must notify us of any of the insured's rights of recovery against any person or organization. We shall be subrogated to all such rights. The insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. However we waive any rights of recovery we may have against any person or organization if the underlying insurance also waives such rights. Any amount recovered through subrogation or otherwise shall be apportioned in the inverse order of payment of the claim or claims involved to the extent of actual payment thereof by all interests. The expenses of all such recoveries and proceedings in connection therewith shall be apportioned in the ratio of respective recoveries. With respect to proceedings conducted solely by us, if there is no recovery, we will bear the expense thereof. If there is a recovery, we shall be reimbursed in full from such recovery for the amount of all expenses incurred by us before apportionment of such recovery as herein provided. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.