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HomeMy WebLinkAbout8021 Docusign Envelope ID:A958B611-7FE5-4B1 C-97E0-A7573231121 D AGENDA BILL CITY OF BREMERTON 4 F CITY COUNCIL SUBJECT: Tower License and Study Session Date: July 10, 2024 Indemnification Agreement with Day COUNCIL MEETING Date: July 17, 2024 Management Corp (dba Day Wireless Department: Public Works Systems) to allow placement of wireless Presenter: Melinda Monroe equipment at Cheryl Street Phone: (360) 473-5306 SUMMARY: The City of Bremerton and Day Wireless Corporation wish to enter into a License Agreement allowing DWS to place equipment at their expense on the Cheryl Street Tower and use space within the associated facilities building. The Tower is part of the public works water utility portfolio and managed by the Facilities division. This placement would add a minimum of$78,000 over a period of 10 years to the Facilities division budget. ATTACHMENTS: 1) License Agreement between the City of Bremerton and DWS FISCAL IMPACTS (Include Budgeted Amount: N/A STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Telecommunications License Agreement between the City of Bremerton and Day Management Corporation, Wireless Corporation, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL ACTION: IT< Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 Docusign Envelope ID:A958B611-7FE5-4B1C-97E0-A7573231121D TOWER LICENSE AND INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF BREMERTON AND DAY MANAGEMENT CORPORATION DBA DAY WIRELESS SYSTEMS This AGREEMENT("License") is made and entered into as of the 17th day of July , 2024, by and between the CITY OF BREMERTON, a Washington municipal corporation ("City"), and Day Management Corp. dba Wireless Systems, an Oregon Corporation ("Licensee"). WHEREAS, Licensee is an Oregon State corporation that maintains and operates radio repeater systems in Kitsap County, Washington; and WHEREAS, City is the owner of certain real property in the City of Bremerton, Kitsap County, Washington, commonly known as 1925 Cheryl Street and legally described as set forth in Exhibit A, which is attached and incorporated herein by this reference (hereinafter "City Property"); and WHEREAS, Licensee desires to utilize the above-referenced portion of city property for purposes of placing Licensee's owned telecommunications equipment; and NOW, THEREFORE, in consideration of the mutual benefits to be derived, it is agreed: 1. License and Conditions. City agrees to provide Licensee this non-exclusive license to utilize said portion of city property upon the following conditions: A. Use: This License is granted to Licensee for use a portion of City Property, described in Exhibit A, attached hereto and by this reference made a part hereof ("License Property")for the purpose transmission and reception of telecommunication and signals using real property and facilities approved in Exhibit A and with the site configuration and equipment listing as outlined in Exhibit B. The use of the property, tower and access by Licensee must not interfere with the use and enjoyment of the property by the City or by other authorized licensees of the property. B. Term: This Agreement shall be effective as of the first of the month following the date of execution by both parties, unless terminated as provided in Section 4, below, and shall continue for an initial term of one (1)year, provided however, that this Agreement shall automatically be extended for ten (10) additional one (1) year terms if Lessee is not currently in default. C. Compensation: In consideration for the granting of this License, beginning on the first day of the month following the last date of signature by the parties, the Day Wireless Cheryl Street Tower License Agreement 202i License Agreement Docusign Envelope ID:A958B611-7FE5-4B1C-97E0-A7573231121D Licensee shall pay the City a total of six hundred fifty dollars and zero cents ($650.00) per month, and at the beginning of each successive agreement anniversary thereafter the monthly rent shall automatically be adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as published by the Bureau of Labor and Statistics for the last month for which statistics are posted prior to the effective date above. However, rent shall not, in any case, decrease nor shall the annual rent increase by more than four percent (4%) per year above the annual rent for the preceding year. D. Purpose and Site Access. This License is given only for the above stated purpose. Any extension or modification of the scope of use shall only be in writing. Licensee shall be responsible for adherence to all federal, state and local regulations pertaining to the operation of a communications facility. 1. Licensee shall provide the City with a list of all authorized individuals who will have access to the premises. City shall provide Licensee with access to the premise at all times on a twenty-four hour per day, seven day per week basis, adequate to service the premise and telecommunications equipment. Employees visiting the premises shall be clearly identifiable as employees of the Licensee either by uniform badge or marked vehicle. Changes to this list of authorized employees should be provided to the City with at least 24-hours notice prior to accessing the site. Licensee contractor's should be accompanied by Licensee site access authorized individual. E. Licensee responsibilities. Licensee shall reasonably carry out the uses allowed within the License Property so as not to interfere with the City's use and operation of the License Property. 1.Access. Owner shall permit and manage access to the premises and will provide the necessary keys and or codes for Licensee. Access is allowed only to the areas and spaces as described in the Tower Lease Agreement. The Licensee shall be responsible to make sure the site is secure and that all building locks, gate locks and other site security measures are intact and fully secure after any and all entries by Licensee. Access is not allowed to any other area or property by the Licensee or its affiliates, that is not listed for the Licensee's use. This site has Municipal Water Supply Reservoirs and Utility Property that has restricted access. Driveway, gate and access roadways will not be blocked for any reason, without prior approvals by the City. If there are any issues with site security,the radio tower,the radio tower building, or the property, the Licensee shall contact the City of Bremerton Facilities standby personnel at(360) 473-0681 (a 24/7 monitored phone) and place a report. Licensee should notify the City of Bremerton 24 hours prior to accessing the site providing duration of site access. 2.Planning and Management. Licensee shall be responsible for all systems installations, upgrades and ongoing site management. Designated representatives of Licensee will plan and coordinate all system installations and Day Wireless Cheryl Street Tower License Agreement 202 License Agreement Docusign Envelope ID:A958B611-7FE5-4B1C-97E0-A7573231121D subsequent upgrades. All approved work will be managed as discrete projects using an agreed-upon project management methodology. 3. Installation and site compliance. Licensee will provide, install, operate and maintain all related equipment, cables, antennas, power supplies and batteries in a manner consistent with industry best practices and in accordance with all applicable laws including, NEPA compliance per 47 CFR 1.13.07 and 47 CFR 1.13.08 Fire control standards NFPA 76, and 2001. Licensee will be responsible for all procurement of services and supplies necessary for said installation. Licensee will be responsible for compliance with all federal, state and local laws and registration requirements during and after site installation. All responsibility of compliance with federal state and local law and indemnification in Section 2 of this agreement, shall also apply respectively to all service contractors in agreement with Licensee. Changes to site plan and or footprint of site design require notification to the City of Bremerton and prior authorization. 4.Equipment Ownership. All equipment purchased by Licensee will be owned by Licensee and will be tagged and tracked accordingly. A full equipment list will be incorporated into Exhibit B of this Agreement. Equipment disposal will be the sole responsibility of Licensee. Equipment left on site after the expiration or termination of this agreement will become the property of the City of Bremerton. 5. Utilities. All required utilities will be the responsibility of the licensee to setup, maintain, and install. F. Property Condition. Licensee shall maintain the License Property in good condition, shall clean any debris and litter, and shall be responsible for any property damage resulting from its use of the License Property. Licensee shall be responsible for its own property located, maintained or stored on the License Property. G. Interference with Other Users. The Licensee acknowledges that the City may enter into leases with other tenants for their equipment and telecommunications facilities for the purposes of transmitting and receiving telecommunication signals from City property. The City, however is not in any way responsible for or liable for any interference with Licensee's use of the City property which may be caused by new technology. In the event that any other tenant's activities interfere with the Licensee's use of the leased facilities, and such use or operation was not in existence of the date of this lease, and the Licensee cannot resolve this interference with the other tenants, the City will, upon written request by Licensee, cause such interfering use to cease. Licensee understands that if its use interferes with a prior tenant or the City use, and the interference problem cannot be cured, then Licensee will be required to power down the interfering equipment Day Wireless Cheryl Street Tower License Agreement 202i License Agreement Docusign Envelope ID:A958B611-7FE5-4B1C-97E0-A7573231121D or move the equipment until such interference can be resolved. The Licensee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the Licensee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at Licensee's own expense and without installation of extra filters on City owned equipment. Licensee further agrees to accept such interferences as may be received from city operated telecommunications or other City facilities located upon City property. The Licensee shall not locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the City, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities which interfere with public ways shall be moved by the Licensee, at the Licensee's cost, temporarily or permanently as determined by the City Public Works and Utilities Director. H. This license is non-assignable and non-exclusive. This license agreement does not preclude the City from granting a similar agreement, right, lease,franchise etc. to other carriers, providers or other persons for telecommunications or other purpose. L Permitting. All required permitting is the sole responsibility of Licensee. J. Site Configuration. Final site configuration and drawings will be provided and included into this license as Exhibit B. K. City confirms that the property and site are in compliance with all federal, state and local law as of the execution of this Agreement. Any FCC and FAA approval of the placement of equipment on the Tower and use thereof shall be responsibility of the Licensee. L. Removal of Improvement. All changes to site configuration, and all improvements attached to real property including landscaping, with exception of the telecommunications equipment owned by Licensee, will become the property of the City upon expiration or termination of the agreement. 2. Indemnification. Licensee, agents of Licensee, and contractors of Licensee 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 Licensee's use of the License Property pursuant to this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Day Wireless Cheryl Street Tower License Agreement 2024 License Agreement Docusign Envelope ID:A958B611-7FE5-4B1C-97E0-A7573231121D the Licensee and the City, its officers, officials, employees, agents and volunteers, the Licensee's liability hereunder shall be only to the extent of the Licensee's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LICENSEE'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. 3. Insurance. Licensee shall procure and maintain for the duration of this license, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the operation of this license by Licensee, its agents, representatives, employees, contractors or subcontractors. By the effective date of this License Agreement, Licensee shall provide a Certificate of Insurance evidencing: Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Automobile Liability insurance with limits no less than $2,000,000 combined single limit per accident for bodily injury and property damage; and Worker's Compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00; and Comprehensive premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000.00. Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. The City shall be named as an additional insured on the insurance policy, with respect to the operation of this license by or on behalf of Licensee, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. Day Wireless Cheryl Street Tower License Agreement 201 License Agreement Docusign Envelope ID:A958B611-7FE5-4B1C-97E0-A7573231121D Licensee's insurance shall contain a clause stating that coverage shall be primary and non-contributory and contain a waiver of subrogation. The City shall be provide such evidence within 30 days of contract execution and within thirty(30) days of City's written request for proof of coverage. Proof of coverage shall be provided once per calendar year. Licensee shall provide thirty(30) days advance notice of cancellation of any coverages required in the Section 3. All coverage notices shall be sent to the City's risk Manager by fax at: 360-473-5161 or by mail at:City of Bremerton, Attn: Risk Manager, 345 6th Street STE 100, Bremerton, WA 98337. 4. Termination. City may terminate this license at its sole discretion with 60 days prior written notice, for convenience or otherwise and for no consideration or damages. Licensee may terminate this agreement with 90 days prior written notice. Licensee shall, upon expiration of the Term or within ninety(90) days after any earlier termination of this Agreement, remove its antenna(s), equipment, conduits, fixtures, and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. 5. Modification. This license may not be modified, altered, or amended unless first approved in writing by the City. Licensee shall not allow the mounting, installation, wiring or relocation of any equipment not belonging to the City on the premises without written permission of the City. 6. Breach. In the event of any alleged breach or threatened breach of this License Agreement by either party, and if City and Licensee are unable to cure the breach or otherwise resolve their dispute,then final resolution of the dispute or claim shall occur solely under the jurisdiction and venue of the Kitsap County Superior Court, and each party shall be responsible for its own legal costs and attorney fees incurred in defending or bringing that claim or lawsuit. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 8. Entire Agreement. This License Agreement document contains the entire agreement between the parties and, in executing it, City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. 9. Non-Waiver. Waiver of a breach of any provision hereof shall not be deemed to be a waiver of a breach of any other provision or a subsequent breach of the same provision. 10. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Day Wireless Cheryl Street Tower License Agreement 20246 License Agreement Docusign Envelope ID:A958B611-7FE5-4B1C-97E0-A7573231121D City of Bremerton Day Management Corp dba Day Wireless Systems Finance Department PO Box 22169 345 6th St. STE 100 Milwaukie, OR 97268-2169 Bremerton, WA 98337 (503) 659-1240 360-473-0681 11. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 12. Counterparts. This license may be executed in two or more counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, this License Agreement is executed and shall become effective as of the last date signed below. CITY OF BREMERTON DAY MANAGEMENT CORP. D/B/A DAY WIRELESS SYSTEMS Signed by: DocuSigned by: vamtA, VthdA, By. U By: e37' Ee14 Print Name: BAF460 t777EWhee1 er Print Name: Damon vetsch Its: Mayor Its: Systems manager Date: 7/26/2024 Date: 7/26/2024 Approved as to form: Signed by: AyA,att reur. Kylie . innell�-City Attorney At.-_...._..,.e fined by: bb mx Angela Hoov��ity Clerk Day Wireless Cheryl Street Tower License Agreement 202i License Agreement Docusign Envelope ID:A9588611-7F E 5-481C-97E0-A7573231121 D EXHIBIT A: Site Description Parcel ti: 012401-1-067-2004 1925 Cheryl Street NE,Bremerton,WA 98310 NW1/4 SW1/4 NE1/4 ADDN'L BLDG VALUE CARRIED UNDER 01 240 1-1-1 1 8-2003 9.22(approx.401,623 sq.ft) Latitude,Longitude 47.60197462,-122.61718177 1 4r • s r Day Wireless Cheryl Street Tower License Agreement 202g License Agreement Docusign Envelope ID:A958B611-7FE5-4B1 C-97E0-A7573231121 D EXHIBIT B:license property configuration drawing, equipment list, and application Configuration includes placement of equipment on the tower, use of the ice rack, and tower rack placed in the small room(b) of the equipment building. 1. Equipment listing: Antenna#1 Antenna#2 Antenna#3 Existing/New/Remove New New New Type of Antenna Omni Omni Dish Quantity 1 1 1 Manufacturer RFI RFI Mikrotik Model *Attach Cut Sheets TBD TBD mANT30 Desired Mounting Height 180 150 150 Length(feet) 19' 19' 2.3' Weight(!bs) 55 55 201b Azimuth(s) NA NA -95 Tower Leg TBD TBD E Feedline Count 1 1 1 Size of Feed line 7/8" 7/8" CATSE (1/4") Radio Equipment Not Apphaille Information Radio#1 Radio#2 Radio#3 Radio#4 Radio#5 Radio#6 Existing/New/Remove New New New New New New Class of Service Licensed Licensed Licensed Licensed Licensed Unlicensed FCC Call Sign TBD TBD TBD TBD TBD NA Manufacturer Motorola Motorola Motorola Motorola Motorola Mikrotik Model Number MTR3000 MTR3000 MTR3000 MTR3000 MTR3000 Basebox 5 TX Frequency 454.43125 461.5375 461.8 462.15 454.51875 5.1gHz RX Frequency 459.43125 466.5375 466.8 467.15 459.51875 5.1gHz Channel Width (Mhz) 0.0125 0.0125 0.0125 0.0125 0.0125 20 Channel Center TX Power 100 100 100 100 100 30dBm ERP 250 250 250 250 250 53dBm Day Wireless Cheryl Street Tower License Agreement 2024 License Agreement Docusign Envelope ID:A95813611-7FE5-0B1 C-97E0-A7573231121 D Tower Locates: Tower Drawing Mark at least one compass direction,then use the letters and numbers below to identify sides,legs,and crossarms. N t II Use this page to show tower orientation,and to idanrifl'lags.faces,and I crossornu for describing �r antenna locarion(s). C G 3 11 2 n ---- F F.;/— I G / H E 1 A 3 D H 1 4 C 3 0. 1 site Name Cheryl Street D ay Wireless Cheryl Sheet Tower License Agreement 202t0 License Agreement Docusign Envelope ID:A958B611-7FE5-4B1C-97E0-A7573231121D Exhibit B: Configuration and Equipment listing Final configuration will be added after installation: Day Wireless Cheryl Street Tower License Agreement 2011 License Agreement ,---"" . ACØRD CERTIFICATE OF LIABILITY INSURANCE DATE(MDDYYY) ‘111m.........'- 7/3/2024 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 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). CONTACT PRODUCER NAME: Robyn Greene PHOLeavitt Group of Boise (A/C,No,Ext1: (208)6726160 I FAX c,No): (866) 429-3119 6220 N Discovery Way, Ste 100 AD RIESS: robyn-greene@leavitt.com INSURER(S) AFFORDING COVERAGE NAIC# Boise ID 83713 INSURERA:National Union Fire Insurance Company c 19445 INSURED INSURER B:Navigators Specialty Insurance Company 36056 Day Management Corporation INSURERC:New Hampshire Insurance Company 23841 dba Day Wireless Systems INSURERD:Scottsdale Insurance Company 41297 4700 SE International Way INSURER E Milwaukie OR 97222 INSURER F COVERAGES CERTIFICATE NUMBER:24/25 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES 000 PREMISES (Eaoccurrence) $ X $0 Ded X GL 5342023 4/1/2024 4/1/2025 MED EXP(Any one person) $ 25,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X 7reT- LOC PRODUCTS-COMP/OPAGG $ 4000 000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS CA 3786644 4/1/2024 4/1/2025 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB B CLAIMS-MADE AGGREGATE $ 5,000,000 7 DED X RETENTION $ 0 CH24EXC885592IC 4/1/2024 4/1/2025 $ WORKERS COMPENSATION WC 025893651 (AOS) 4/1/2024 4/1/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE WC 025893652 (CA) 4/1/2024 4/1/2025 E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? N N/A C (Mandatory in NH) WA Stop Gap E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 D 2nd Excess Policy-Excess over XLS2003940 4/1/2024 4/1/2025 Each Occurrence $5,000,000 GL, Auto & Employers Liability Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION melinda.monroe@ci.bremerton.vi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 345 6th St. ACCORDANCE WITH THE POLICY PROVISIONS. Suite 100 Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE ---',eLd.,7-..-- . 1..-__ Ted Rice/ROGREE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) ,---"" . ACØRD CERTIFICATE OF LIABILITY INSURANCE DATE(MDDYYY) ‘111m.........'- 7/3/2024 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 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). CONTACT PRODUCER NAME: Robyn Greene PHOLeavitt Group of Boise (A/C,No,Ext1: (208)6726160 I FAX c,No): (866) 429-3119 6220 N Discovery Way, Ste 100 AD RIESS: robyn-greene@leavitt.com INSURER(S) AFFORDING COVERAGE NAIC# Boise ID 83713 INSURERA:National Union Fire Insurance Company c 19445 INSURED INSURER B:Navigators Specialty Insurance Company 36056 Day Management Corporation INSURERC:New Hampshire Insurance Company 23841 dba Day Wireless Systems INSURERD:Scottsdale Insurance Company 41297 4700 SE International Way INSURER E Milwaukie OR 97222 INSURER F COVERAGES CERTIFICATE NUMBER:24/25 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES 000 PREMISES (Eaoccurrence) $ X $0 Ded X Y GL 5342023 4/1/2024 4/1/2025 MED EXP(Any one person) $ 25,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X 7reT- LOC PRODUCTS-COMP/OPAGG $ 4000 000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS CA 3786644 4/1/2024 4/1/2025 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB B CLAIMS-MADE AGGREGATE $ 5,000,000 7 DED X RETENTION $ 0 CH24EXC885592IC 4/1/2024 4/1/2025 $ WORKERS COMPENSATION WC 025893651 (AOS) 4/1/2024 4/1/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE WC 025893652 (CA) 4/1/2024 4/1/2025 E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? N N/A C (Mandatory in NH) WA Stop Gap E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 D 2nd Excess Policy-Excess over XLS2003940 4/1/2024 4/1/2025 Each Occurrence $5,000,000 GL, Auto & Employers Liability Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION melinda.monroe@ci.bremerton.vi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 345 6th St. ACCORDANCE WITH THE POLICY PROVISIONS. Suite 100 Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE ---',eLd.,7-..-- . 1..-__ Ted Rice/ROGREE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) POLICY NUMBER: 534-20-23 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization whom you Per the contract or agreement. become obligated to Include as an additional insured as a result of any contract or agreement you have entered Into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CC 20 10 12 19 O Insurance Services Office, Inc., 2018 Page 1 of 2 ❑ A. Section II - Who Is An Insured is amended to maintenance or repairs) to be performed by include as an additional insured the person(s) or or on behalf of the additional insured(s) at organization(s) shown in the Schedule, but only the location of the covered operations has with respect to liability for "bodily injury", been completed; or "property damage" or "personal and advertising 2. That portion of "your work" out of which injury" caused, in whole or in part, by: the injury or damage arises has been put to 1. Your acts or omissions; or its intended use by any person or 2. The acts or omissions of those acting on organization other than another contractor or your behalf; subcontractor engaged in performing in the performance of your ongoing operations operations for a principal as a part of the same project. for the additional insured(s) at the location(s) designated above. C. With respect to the insurance afforded to these additional insureds, the following is added to However: Section III - Limits Of Insurance: 1. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most by law; and we will pay on behalf of the additional insured 2. If coverage provided to the additional is the amount of insurance: insured is required by a contract or 1. Required by the contract or agreement; or agreement, the insurance afforded to such additional insured will not be broader than 2. Available under the applicable limits of that which you are required by the contract insurance; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the B. With respect to the insurance afforded to these applicable limits of insurance. additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, Page 2 of 2 9 Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL 534-20-23 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured PersonIs) Or OrganizationIs) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured described in the Schedule of this endorsement is the amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2024 forms a part of Policy No. 534-20-23 issued to Day Management Corporation by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. AMENDMENT OF LIMITS OF INSURANCE (Per Project or Per Location Aggregate Limit) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. Your policy is amended to include either a Per Project General Aggregate Limit, a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please select only one of the following: [Xj Per Project General Aggregate Limit $ 2,000,000 [ I Per Location General Aggregate Limit S [ I Per Project and Per Location General Aggregate Limit S IF NEITHER OF THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. II. SECTION III - LIMITS OF INSURANCE , is amended to include the following: 1. The Limits of Insurance and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under CoverageC; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under CoverageC 86681 (9/04) Includes copyrighted material of Insurance Services Office, Inc. with its permission.Page 1 of 2 because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we will pay under Coverage A because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. Subject to 2., 4., 5., 6., and/or 7. above, the Per Project Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical Expenses under Coverage C arising out of any single Project described above. 9. Subject to 2., 4., 5., 6., and/or 7. above, the Per Location Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical expenses under Coverage C arising out of the any single Location described above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. III. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the Limits of Insurance set forth below. Limits of Insurance General Aggregate Limit $ 10,000,000 Each Occurrence $ 1 ,000,000 Products-Completed Operations Aggregate Limit $ 2,000,000 Personal & Advertising Injury Limit $ 1 ,000,000 Damage to Premises Rented to $ 500,000 Medical Expense Limit $ 25,000 Per Project General Aggregate Limit, Per Location $ 2,000,000 General Aggregate Limit or Per Project and Per Location General Aggregate Limit IV. SECTION V - DEFINITIONS, is amended to include the following: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way railroad. All other terms and conditions of this policy remain the same./— :7‘1--------- Authorized Representative or Countersignature (in States Where Applicable 86681 (9/04) Includes copyrighted material of Insurance Services Office, Inc. with its permission.Page 2 of 2 POLICY NUMBER: 534-20-23 COMMERCIAL GENERAL LIABILITY CG20011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2)You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (11 The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY GL 534-20-23 CG 24 04 12 19 Effective 04/01/2024 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Pursuant to applicable written contract or agreement you enter into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such persons) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1