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HomeMy WebLinkAbout1 - Original Submission_ PSA-11th Signal Timing 6.30.21Page 1 of 13 Bremerton/PH Consulting Signal Timing on 11th Street Rev. 06/2020 PROFESSIONAL SERVICES AGREEMENT Signal Timing on 11th Street The City of Bremerton (“City”) and PH Consulting 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 June 30, 2021, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $20,550. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. 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 DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 Page 2 of 13 Bremerton/PH Consulting Signal Timing on 11th Street Rev. 06/2020 of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 Page 3 of 13 Bremerton/PH Consulting Signal Timing on 11th Street Rev. 06/2020 The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 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 DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 Page 4 of 13 Bremerton/PH Consulting Signal Timing on 11th Street Rev. 06/2020 obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 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 Tacoma, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 Page 5 of 13 Bremerton/PH Consulting Signal Timing on 11th Street Rev. 06/2020 C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Tacoma, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 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: Attn: Shane Weber Attn: Pablo Para PE PTOE City of Bremerton PH Consulting LLC 345 6th Street, Suite 100 913 MLK Jr Way, Ste A Bremerton, WA 98337-1891 Tacoma, WA 98405 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 DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 Page 6 of 13 Bremerton/PH Consulting Signal Timing on 11th Street Rev. 06/2020 in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. 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, DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 Page 7 of 13 Bremerton/PH Consulting Signal Timing on 11th Street Rev. 06/2020 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. 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 PH Consulting LLC By: By: Print Name: Print Name: Pablo Para Its: Its: Principal Date: Date:6/7/2021 APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 Greg Wheeler Mayor 7/6/2021 Exhibit A Scope of Work June 30, 2021 Page 8 of 13 Bremerton/PH Consulting Signal Timing on 11th Street Rev. 06/2020 Scope of services for this contract consists of data collection, evaluating existing conditions, and developing and implementing signal timing/coordination plans for the 11th Street corridor in Bremerton. This includes the following project intersections: • 11th St/N Callow Ave • 11th St/Naval Ave • 11th St/High Ave The scope of work specifically includes: Task 01: Project Monitoring and Coordination • Project management and administration. • Project review meetings. Assumes three meetings. Existing conditions evaluation review meeting, proposed timing/coordination plan review meeting, and post implementation/evaluation meeting. Task 02: Evaluate Existing Conditions • Field review existing conditions and document pedestrian crossing distances. • Order new traffic data collection. 7-day ADT, speed, classification counts will be ordered to identify general weekday and weekend volume/peak patterns. After initial review of ADT data intersection TMC counts will be collected for the relevant peak periods. • Review existing timing/coordination programs with new traffic data to determine coordinability factors and develop recommendations for proposed approach. • Evaluate proposed timing/coordination plans to facilitate optimal cross-coordination with on-going Warren Ave and future Kitsap Way Corridor timing improvements. • One meeting is assumed under Task 1 to review preliminary coordinability recommendations. Task 03: Develop & Implement Timing Plans • Develop basic signal timing parameters at all project intersections to include recommendations for pedestrian walk time, pedestrian clearance time, minimum green, yellow change interval and all red clearance interval per MUTCD and approved City Policy. • Prepare draft and final technical memorandum to include documentation on approach, recommendations, signal timing, cards, synchro worksheets, and reference data. DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 Exhibit A Scope of Work June 30, 2021 Page 9 of 13 Bremerton/PH Consulting Signal Timing on 11th Street Rev. 06/2020 • Support City in implementation and adjusting signal timing. After the City has bench-tested the signal timings, the Consultant will spend up to one day in the field observing and fine-tuning the signal timings to optimize the coordination plans for up to three weekday timing plans. The Consultant will spend up to one additional day in the field observing and fine-tuning the signal timings to optimize the coordination plans for up to three weekend timing plans. • One meeting is assumed under Task 1 between City traffic operations staff and the Consultant to review proposed timings prior to implementation. One additional meeting is assumed to discuss operations and community feedback post implementation. Task 04: Management Reserve A Tasks: City will authorize corresponding tasks below as applicable based upon coordinability analysis after review meeting. • 11th Street Weekday Coordination Plans. Develop up to three (3) weekday signal timing plans at the study intersections. • 11th Street Weekend Coordination Plans. Develop up to three (3) weekend signal timing plans at the study intersections. • Support City in implementation and adjusting signal timing. After the City has bench-tested the signal timings, PH will spend up to one additional day in the field observing and fine-tuning the signal timings to optimize the coordination plans for up to three weekend timing plans. Task 05: Management Reserve B Tasks: • Miscellaneous Tasks To Be Determined Deliverables: • Technical memorandum (draft and final) for signal timing recommendations • All developed Synchro models with proposed signal timing/coordination plans for all project intersections. • Timing/Coordination Cards as applicable. Assumptions: • The City will provide the following: o Historical traffic collision data and traffic count data for the project intersections o Existing traffic signal timing sheets and electronic controller database/configuration files for the project intersections o Latest relevant Synchro model network segments DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 Exhibit A Scope of Work June 30, 2021 Page 10 of 13 Bremerton/PH Consulting Signal Timing on 11th Street Rev. 06/2020 o City standards for signal timing o Covid-19 traffic volume correction factor assumptions, if applicable o Relevant City Documents & Information as needed o Coordination with potential project partners o Supplemental traffic data (if needed) • The City will test all controller programming files supplied by the Consultant prior to implementing in the field. • The City will coordinate and be present during the implementation process. • City is responsible for ensuring all traffic signals are interconnected to local master or central system for clock synchronization. • The Consultant proposes to use the Turning Movement Count data collected in January 2018 as well as new data for development of the signal timing plans. • New intersection turning movement and ADT counts will be needed for weekend timing evaluation and to develop adjustment factor. Optional Additional Scope of Work: • At the option of the City, the Consultant can prepare additional time of day signal timing plans, which could include plans such as event plans, or flush plans for ferry or naval base traffic. DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 Exhibit B Estimated Work Schedule Page 11 of 13 Bremerton/PH Consulting Signal Timing on 11th Street Rev. 06/2020 • July 6, 2021 Notice to Proceed • July 19, 2021 Preliminary ADT Data Collection • July 26, 2021 Coordinability Recommendation Review Meeting • September 24, 2021 TMC Data Collection • October 13, 2021 Submit Draft Memorandum and Timing Sheets • October 27, 2021 Draft Timings Review Meeting • November11, 2021 Submit Final Memorandum and Timing Sheets • December 1, 2021 Implementation / Fine-Tuning • January 22, 2022 Post Implementation Evaluation Meeting • February 28, 2022 End Agreement Term Note that this is a draft schedule is dependent upon receipt of data, assumptions for City review turnaround time, and data collection scheduling. DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 Exhibit C Fee Determination and Direct Labor Schedule Page 12 of 13 Bremerton/PH Consulting Signal Timing on 11th Street Rev. 06/2020 DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 Exhibit C Fee Determination and Direct Labor Schedule Page 13 of 13 Bremerton/PH Consulting Signal Timing on 11th Street Rev. 06/2020 DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Sentinel Insurance Company Navigators Insurance Company 6/22/2021 Greyling Ins. Brokerage/EPIC 3780 Mansell Rd. Suite 370 Alpharetta, GA 30022 Trudy Henry 770-552-4225 866-550-4082 Trudy.Henry@greyling.com PH Consulting LLC 913 MLK Jr Way, te A Tacoma, WA 98405 11000 42307 21-22 A X X X Stop Gap $1M/$1M/$1M 20SBWIX4145 05/09/2021 05/09/2022 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X 20SBWIX4145 05/09/2021 05/09/2022 1,000,000 A X X X 10000 20SBWIX4145 05/09/2021 05/09/2022 1,000,000 1,000,000 B Professional Liability CM20DPLZ04BN1IV 02/03/2021 02/03/2022 Per Claim $1,000,000 Aggregate $2,000,000 RE: Signal Timing on 11th St City of Bremerton is named as an Additional Insured on the above referenced liability policies with the exception of professional liability where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. The above referenced liability policies with the exception of umbrella and professional liability are primary & non-contributory where required by written (See Attached Descriptions) City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 1 of 2 #S2773267/M2716048 PHCONSULClient#: 91000 THEN2 DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) contract. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. 2 of 2 #S2773267/M2716048 DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 POLICY NUMBER:<POLICYNUM>BUSINESS LIABILITY COVERAGE SS 00 08 04 05INSURED:<POLICY NAMEOFINSURED> ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C.is amended to include as an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: When You Add Others As An Additional Insured To This Insurance:That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract:This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c.below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract:If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Rev 5.14 Page 1 of 2 84SBWLI9844 Civiltech Engineering, Inc.SS 00 08 04 05 Rev 5.14 20SBWIX4145 PH Consulting LLC DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs (a)and (b)do not apply to other insurance to which the additional insured has been added as an additional insured. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Waiver of Subrogation If you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part,we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2Rev 5.14 Summary SS 00 08 04 05 DocuSign Envelope ID: 4CD8194B-597D-4916-8CD9-ECF458F2B8B6