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HomeMy WebLinkAbout5809AGENDA BILL CITY OF BREMERTON 5 E CITY COUNCIL SUBJECT: Goods and Services Agreement Study Session Date: with L2 Systems, LLC for Water System COUNCIL MEETING Date: SCADA Lifecycle Upgrade Department: Presenter: Phone: April 11, 2018 April 18, 2018 PW&U Kathleen Cahall (360) 473-2315 SUMMARY: The City of Bremerton Water Utility Supervisory Control and Data Acquisition (SCADA) System provides critical functions for the City's drinking water system through monitoring of water system conditions as required by regulations, assuring operations per facility set points, alerting water operators to alarm conditions, dispatching staff, and providing a database for analysis and report preparation. This project will continue previous work to: • Replace older server computers and field components • Build electrical panels and provide configured programmable logic controllers • Update communications • Upgrade Electrical service • Upgrade communications • Provide other operational needs such as software programming, screen development, and on-call troubleshooting ATTACHMENTS: 1) Goods and Services Agreement with L2, LLC; 2) Justification for Sole Source Provider FISCAL IMPACTS (Include Budgeted Amount): The funds for this upgrade are currently identified in the Water Utility capital and expense budgets for equipment and services. Total Project cost: $225,000 from 2018 — 2020. STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Goods & Services Agreement with L2 Systems, LLC in the amount of $225,000; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: EApprove Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action ORIGINAL GOODS AND SERVICES AGREEMENT WATER SYSTEM SCADA LIFECYCLE UPGRADE January 2018 THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and L2 Systems, LLC ("Vendor"), whose mailing address is: 3322 16'h Street, Everett, WA 98201 The parties agree as follows: 1. VENDOR SERVICES. The Vendor shall provide goods and materials and/or perform the services for the City as described in attached hereto as Exhibit A, Scope of Work, which is incorporated by reference herein. 2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services by December 31, 2020 per Exhibit B. 3. COMPENSATION. The City shall pay the Vendor the total amount of not to exceed $225,000, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the amounts according to the schedule attached hereto as Exhibit C. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. 4. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employees and sub -contractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and sub -contractors. 5. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 1 of 17 B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City's choosing. 6. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. C. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 2 of 17 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section 6(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. 8. WARRANTY. The Vendor shall correct all defects in workmanship and materials Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 3 of 17 within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. 9. INDEMNIFICATION. Vendor 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. Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 10. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor 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 $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operationsibroad form property damage; and employer's Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 4 of 17 liability. 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall 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 Vendor and a copy of the endorsement naming the City as 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. The Vendor'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 Vendor's insurance shall be primary 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 Vendor to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 11. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract. B&O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 5 of 17 1. Addenda, if any, 2. Contract, 3. Specifications, 4. Terms and Conditions, 5. Contractor's proposal. C. Documents Incorporated by Reference. The following documents are incorporated by reference, to include, but not be limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non -Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. F. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. G. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor 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. H. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. 1. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this Agreement. J. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 6 of 17 VENDOR: CITY: Attn: Attn: L2 Systems, LLC City of Bremerton 3322 16th Street 100 Oyster Bay Ave N Everett, WA 98201 Bremerton, WA 98312 K. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. L. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. M. Severability. If any one or more sections, sub -sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. N. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. VENDOR: L2 Systems, LLC By: 'v' Z1^ _ /I — Print e: Glen D Lee II Its: Sec/Treasurer Date: 3/19/2018 R:\Legal\Legai\Contracts\FORMS\Goods and Services Agreement (2017).docx Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 7 of 17 CITY: City of Bremerton By: W Print Name:-qr(g- WhuAL'y Its: 0'y e j Date: • 1 & -L APPROVED AS TO FORM: By: remerton City Attorney ATT T: By. City Clerk EXHIBIT A WATER SYSTEM SCADA LIFECYCLE UPGRADE SCOPE OF WORK January 2018 BACKGROUND The City of Bremerton Water Supervisory Control and Data Acquisition (SCADA) System provides a critical function for the City's drinking water system through real-time monitoring and control of water system conditions as required by regulations, assuring the system operates per facility set points such as reservoir levels and pump operations, alerting water operators to off - spec and alarm conditions, notification of security breaches, graphing and analyzing system data, and providing a database for regulatory reports. Without a SCADA system, it would take three shifts of an increased number of operators to ensure the water system provided safe water and met all regulations. Recent upgrades to the SCADA system replaced Autocon brand remote telemetry units with Allen Bradley brand programmable logic controllers (PLCs) and on-site PanelViews for local operator control. Information is now relayed by a combination of radios (both licensed frequency and cellular) and fiber optic. At the master, the data is fed to servers and a human - machine interface (HMI) using Allen Bradley's RS View Factory Talk. Alarms are monitored and communicated to water operators through their cell phones via the WIN911 program. Technological changes continue to take place at a fast pace in the SCADA field that increase the speed, flexibility, functionality, and capacity of SCADA systems at reduced costs. To keep pace with this technology, Bremerton needs to continually upgrade and add to its SCADA system components. This need is identified in the Water Utility capital budget. SCADA operation and maintenance is identified in the Water Utility Water Resources Division expense budget. OBJECTIVE The goal of this project is for the water system to continue to upgrade the Bremerton Water Utility SCADA system by replacing outdated SCADA equipment with Allen Bradley PLCs/PanelViews and to convert the communications to more robust and less expensive fiber optic/radio/wireless. Standardization to a uniform SCADA system using ethernet communications protocol streamlines operations and maintenance, allows better management of lifecycle status, while improving security and data capabilities. For security, integrity, and consistency, programming and coordination with the SCADA server/HMI is only performed by a systems integrator selected by the City to have the best qualifications — this is currently L2 Systems. This work will be managed through a goods and services agreement with L2. The water system standard for control hardware is Allen Bradley Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 8 of 17 components. L2 shall provide all labor, materials, tools, equipment, and services required to complete the design, furnishing, wiring, connection, calibration, adjustment, testing and operation of all SCADA equipment, devices, and components as indicated by this scope of work. Installation will be performed by City staff as much as they are able. The following tasks outline elements necessary to perform water system SCADA upgrades: TASKS TASK 1 PROJECT PROCESS The project scope consists of upgrading specific components of Bremerton's SCADA system. For each SCADA upgrade, the general process to be followed will be: • City determines upgrade to be conducted • System control strategy will be mutually discussed and documented • City will provide set points and draft desired screen changes • L2 provides submittals and drawings (See Task 6) for City review • City approves submittals and drawings • L2 purchases hardware, software, and radios • L2 fabricates SCADA system components • L2 performs factory demonstration test to ensure components function as required • L2 delivers components to Bremerton • City installs components or arranges to have installed • L2 performs and documents operational readiness test in the field • L2 integrates alarms into WIN911 • L2 updates Factory Talk screens • L2 updates operation and maintenance manual • L2 provides documentation to accurately reflect the system as installed • City and L2 perform site acceptance test to ensure component operation in the field conducted separately or coordinated at same time as the Operational Readiness Test (ORT) • L2 provides documentation and any equipment manuals • City documents as -built system The SCADA system shall be designed and assembled by L2 to be an integrated system of components specifically designed for use with control, monitoring, and operation of pumps, meters, and other water system process equipment. All components shall be standard, listed products, new (unless furnished by the City) and free of defects. L2 shall revise, modify, adjust and reprogram the system as required to properly operate the water system. The SCADA system shall be supplied by L2 as an integral, complete system with all required components. L2 shall define all requirements for interfacing equipment, standard mounting equipment, and accessories, and shall supply all such devices as part of the SCADA system. Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 9 of 17 TASK 2 PROJECT MANAGEMENT L2 will provide project management and prepare specifications for equipment upgrade. This Contract involves upgrades to the SCADA for the Bremerton water system which must continue to provide potable water and meet State and Federal regulatory requirements. Connections and utility changes must be programmed to provide the least possible interference with operation of the water system. The work under this Contract shall be conducted in a manner which will minimize shutdowns. Planned water facility shutdowns shall be scheduled during periods of minimum use so that water system operations will be restored in the minimum possible time.1_2 shall notify the City in writing or email at least forty-eight (48) hours in advance of any required water system shutdown and are subject to advance approval of the Water Resources Manager. L2 shall perform work in accordance with the following standards: • Obtain all necessary permits (note — City will obtain electrical permits for their installations) Be performed by authorized and qualified personnel Maintain a clean environment Be performed in accordance with local, state, and federal codes, including WISHA confined space entry regulations and respiratory protection program. TASK 3 PROJECT SCHEDULE The City and L2 shall mutually agree on project scheduling and will verify scheduling expectations at progress meetings. The following information shall be shown for each site: • Date of initial submittal and City's review time • Ordering dates for long lead time items • Start work • Work substantially complete • Project meetings • Testing • Final completion With every progress payment request (invoice) a written progress report shall be submitted which shall include a summary of work performed during the previous period. Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 10 of 17 TASK 4 MEETINGS Progress meetings shall be held on a periodic basis in person or by phone in accordance with an agreed-upon schedule. All matters bearing on the progress and performance of the work since the preceding progress meeting shall be discussed and resolved, including any previously unresolved matters, deficiencies in the work or the methods being employed and problems or delays which may be encountered, and ways to continuously improve project quality and progress. Prior to starting each task, the City and L2 will discuss and agree upon a control strategy. In general, the matters to be discussed or resolved and the instructions and information to be furnished to or given by L2 at the preconstruction conference include but are not limited to: • Personnel assignments and contact numbers • Progress schedule submitted by L2 • Communication procedures between the parties, including emergency and after-hours • The names and titles of all persons authorized by L2 to represent and execute documents. The names, addresses, and telephone numbers of all those authorized by L2 to act for L2 in emergencies • Forms and procedures for L2's submittals • Change procedures • Payment procedures • Other administrative and general matters as needed TASK 5 STANDARDS AND CODES Electrical work shall be executed in strict accordance with the latest edition of the National Electrical Code as adopted by the Washington State Department of Labor and Industries, local ordinances and regulations, and the Bremerton Electrical Standard. All electrical equipment, materials, construction methods, tests and definitions shall be in strict conformity with the established standards of the following in their latest adopted revision: • Underwriters' Laboratories, Inc. (UL) • National Electrical Manufacturers Association (NEMA) • Canadian Standards Association (CSA) • Electrical Testing Laboratories (ETL) • Factory Mutual (F.M.) • American National Standards Institute (ANSI) • Institute of Electrical and Electronic Engineers (IEEE) • Instrument Society of America (ISA) • Washington State Rules and Regulations Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 11 of 17 All materials and equipment specified herein shall be listed by a nationally recognized testing laboratory for the purpose for which they are used and shall bear the appropriate testing laboratory label. All electrical equipment and materials, and the design, construction, installation, and application thereof shall comply with all applicable provisions of the National Electrical Code (NEC), the WISHA, and any applicable Federal, State, and local ordinances, rules and regulations. TASK 6 SUBMITTAL REQUIREMENTS All submittals shall be made to the City with a letter of transmittal. Submit a copy of each submittal to the City, electronically as a PDF file. One (1) reviewed copy of submission will be returned to L2. For project L2 shall submit to the City for approval the following: • Materials and Parts List • Schedule • Enclosure Layout (shall include a wire color code legend, fuse list, and engraved label list) • Wiring Diagram • Communications Layout • Detail drawings (as needed) • Screen changes (as needed) • Control logic This documentation format shall be submitted prior to submitting any drawings and will be used as the basis for the remainder of the project. The City shall provide to L2 for each site: • Tagname • IP addressing • PLC status inputs • PLC analog inputs and scaling • PLC outputs • Totalizer scaling • Front panel indications required • Preliminary screen layout • Other information as required per each site • Communications type to be used (Licensed UHF radio, fiber optic, private wireless network) • Type of network switch to be used Bremerton/1-2 Systems, LLC Water System SCADA G&S 2018 Page 12 of 17 The City will review L2's submissions and return to L2 within 10 working days marked as follows: A. No Exceptions Taken. Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission. Does not constitute approval or deletion of specified or required items not shown in the partial submission. B. Note Markings. (No Resubmissions Required). Same as A, except that minor corrections as noted shall be made by L2. C. Rejected - Resubmit. Submitted material does not conform to plans and Specifications in significant respect (i.e., wrong size, model, capacity, or material). D. Comments Attached. Submitted material is either incomplete, or a favorable review is not required. Items A and B above (no resubmittal required) are considered "favorable review". Items C and D above (correction and resubmittal required) are considered "unfavorable review." Favorable review does not constitute acceptance of any responsibility for the accuracy, coordination, and completeness or the items of equipment represented. Accuracy, coordination, and completeness shall be the sole responsibility of L2, including responsibility to back check review comments, corrections, and modifications before fabrication. Acceptance shall be considered to mean merely that the City has no objection to L2 using, upon their own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed. TASK 7 TESTING Factory Demonstration Test L2 shall test the RTU prior to delivery to the City to ensure that the control panel is ready to have power applied to it and to document the functions associated with the panel. All loop panel meters shall be scaled and calibrated prior to delivery. The following shall be tested and inspected: • All inputs • All outputs • Scaling of loops • Proper wiring per submitted drawings • Legends and documentation • Control (PLC) Program • PanelView Program (if installed) Bremerton/1-2 Systems, LLC Water System SCADA G&S 2018 Page 13 of 17 L2 shall be solely and completely responsible for the design, assembly and programming of the entire RTU control system. The system shall be designed to provide control capabilities and to provide trouble-free operation with minimum maintenance. Witnessing of these tests by City personnel is at the option of the City. L2 will give the City 48 hours' notice of these tests. Written documentation will be forwarded to the City. L2 shall deliver the PLCs to the City of Bremerton Water Resources Division. One set of drawings shall be provided. One spare fuse shall be provided for each size installed. City installs RTUs, or arrange for the RTU to be installed. Operational Readiness and Site Acceptance Tests Once the RTU are installed, L2 will perform the operational readiness testing. Any deficiencies shall be corrected by L2 prior to site acceptance testing. All components of the control system shall be calibrated by L2 after completion of installation. Each component shall be adjusted to be within the manufacturer's required range and for the specific application. Components that cannot be properly calibrated or that are found to exceed the manufacture's specified range or accuracy shall be removed and replaced. Both L2 and City personnel will be present for the site acceptance test which will be performed in the field once installation is completed. WIN911 Test L2 shall test WIN911 for acceptance of alarms and proper notification by pager and telephone. TASK 8 INSTALLATION Radio System Installation L2 will be responsible for the programming of radios according to the radio path study provided by the City. The City will install the mast, antenna and coax. Cellular Wireless Installation Where cellular wireless is being used, the City shall be responsible for ordering and having installed the required equipment for each PLC. Fiber Optic Communications Where fiber optic communications is to be used, the City will have the fiber terminated in a patch panel, with an empty conduit from the patch panel to the RTU. L2 will provide the fiber optic patch duplex patch cord from the RTU network switch to the patch panel. If the City fiber optic network is not functional at the desired time of RTU startup, there will be no penalty for 1-2. Bremerton/1-2 Systems, LLC Water System SCADA G&S 2018 Page 14 of 17 PLC Installation The City will install all PLCs and telemetry panels. L2 will provide a technician to assist in startup. Reasonable efforts will be made to accomplish multiple startups at the same time. Nameplates are to be black face, white core, 3/16" high engraving, and plastic laminate with beveled edges. TASK 9 START-UP The control system shall be placed into operation by L2. L2 shall revise, modify, adjust and reprogram the system as required during and following start-up to provide the operation required. L2 shall anticipate that the City may delay acceptance of work under the contract if, in the judgment of the City, malfunctions or failures in operation of the control system repeatedly occur after start-up. L2 shall not be entitled to an extension of time or to any claim for damages because of hindrances, delays or complications caused by or resulting from delay by the City in accepting the work because of malfunctions or failures in operation of the SCADA. The City will note changes to the drawings as appropriate to reflect actual field conditions. L2 will revise these drawings at the end of each group of installations and will forward final copies to the City. TASK 10 GUARANTEE L2 shall guarantee work and all components for a period of 1 year from date of acceptance of the installation for each site. Acceptance is determined as 30 consecutive days of satisfactory operation. Any defects in workmanship and repair or replacement of any faulty equipment which shall occur within the guarantee period shall be remedied without additional cost to the City. When defects are corrected, the guarantee for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. L2 shall make any and all repairs, replacements, modifications and adjustments required to eliminate any and all defects in design, materials and workmanship which are disclosed within the one year guarantee period. L2 shall begin all repairs, replacements, modifications and adjustments within twenty four (24) hours of notification by telephone by the City and shall complete such repairs, replacements, modifications and adjustments within forty eight (48) hours of notification. Should L2 fail to begin the work within 24 hours or complete the work within 48 hours, the City may proceed to complete the work. Any overtime accrued by the City after 48 hours will be reimbursed by L2. In such event, L2 and its surety shall be liable for all costs incurred by the City. Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 15 of 17 TASK 11 OPERATION AND MAINTENANCE MANUALS L2 shall prepare operation and maintenance manual materials to be submitted to the City prior acceptance of the task. Redundant information will be minimized. Provide PDF copies for all equipment provided, with the following, if available: • Brochures • Instruction manuals • Installation manuals Each PDF shall have a descriptive name, such as VIPR Radio Programming Manual, and the date the document was issued by the manufacturer. A PDF only has to be provided once for each type of equipment Provide drawings formatted for printing at 11" x 17", in a PDF format. TASK 12 RECORD KEEPING Vendor shall promptly furnish the City with such information related in the service as may be requested by the City. Until the expiration of 72 months after final payment of the compensation payable under this Agreement, vendor shall provide City access to (and City shall have the right to examine, audit, and copy) all of vendor's books, documents, papers and records which are related to the services or this Agreement. TASK 13 CONFIDENTIAL INFORMATION Vendor shall not, without the prior written consent of the City, disclose to third parties any information received in connection with the service unless: Information is known to vendor before receiving the same directly or indirectly in connection with the services; Information is in the public domain at the time of disclosure by vendor; or Information is received by vendor from third party who does not have an obligation to keep the same confidential. TASK 12 OTHER TECHNICAL ASSISTANCE Other work that may be requested from L2 includes: • Equipment selection assistance • Training • Software programming • Report and data management assistance • SCADA screen development Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 16 of 17 • Component Installation • Calibration services • Troubleshooting • Programming of RTUs, MTUs, and PLCs • Integration of system components into the SCADA system • Process control design • Remote modem access for quick diagnosis and customer support • Field service • Emergency response • Other similar work EXHIBIT B WATER SYSTEM SCADA LIFECYCLE UPGRADE SCHEDULE January 2018 Schedule for this contract will be from the date all signatures are received to December 31, 2020. EXHIBIT C WATER SYSTEM SCADA LIFECYCLE UPGRADE LABOR RATES AND BILLLING FEES January 2018 Work products will be considered on a time and materials basis and will be completed at the following values: 1) Project management: $ 155.00 2) Panel Configuration — System Engineering: $145.00 3) Programming: $ 135.00 4) Drafting: $ 95.00 5) O&M's: $ 85.00 6) Shop — Fabrication: $ 95.00 7) Field Service Scheduled $ 125.00 8) Emergency Service available 24-7-365 $ 180.00 Once a scope item is decided on between the City and 1-2, L2 will invoice the city for 2/3 of the cost. One the ORT has been completed, the city will be invoiced for the remaining 1/3. Bremerton/1-2 Systems, LLC Water System SCADA G&S 2018 Page 17 of 17 �.+■� Humble & Davenport Insurance Brokers Inc. 1 ® DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 10/28/2020 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 poiicy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditiotis 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 Humble R Davenport Insurance Brokers Inc. 3500 Maple Valley Hwy Renton INSURED L2 Systems LLC 3925 88th St NE, Ste F Marysville P►7 WA 98270 I ncn r�C�n AY= u1IRADC O. GLAUF_LUMPL Kathy Kane PHONE (425) 226-8221 I (A1C, No): th (425) 255-9342 C. No Extl' MAIL kak humbledeven ort.com nvcc nnc. Y �. p INSURERA: Western INSURER B INSURER C : INSURER D : RER E : INSU Mutual Ins Co REVISION NUMBER: 24465 v THIS IS TO CERTIFY THAT THE POLICIES OF,INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 LiR TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY ADDLISUHR INSD WVD POLICY NUMBER MM/DDY EFF MMIDDI POLICY EXP LIMITS EACH OCCURRENCE 1,000,000 $ DAMAGE T RENTED PREMISES Ea occurrence)$ 100,000 CLAIMS -MADE F OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,0009000 A Y CPP 1032664 11/15/2020 11/15/2021 GENERAL AGGREGATE $ 29000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY � PRO- LOC PRODUCTS-COMP/OP AGO $ 2,000,000 OTHER: AUTOMOBILE LIABILITY Ea acccideDfSINGLE LIMIT $ 1,000,000 ANYAUTO BODILYINJURY(Perperson)AOWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY I CPP 1032260 11/15/2020 11/15/2021 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ AEXCESS UMBRELLALIAB LIAR OCCUR CLAIMS -MADE UMB 1005317 11/15/2020 11/15/2021 EACH OCCURRENCE $1,000,000 AGGREGATE $ 13000,000 I I PERWORKERS STATUTE X ER $ WA STOP GAP DED X RETENTION $ 10,000 COMPENSATION A AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERWEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA CPP 1032664 11115/2020 11/15/2021 E.L. EACHACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYEE $ 130002000 E.L. DISEASE -POLICY LIMIT LIMIT 12000,000 $ 11000X0 A PROFESSIONAL LIABILITY CPP 1032664 11/15/2020 11/15/2021 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The certificate holder is named as additional insured with respects to the operations of the named insured. Coverage is primary and non-contributory perform WNGL49. Waiver of subrogation applies per form WNGL39. Completed operations apply per form WNGL84. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton, Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street AUTHORIZED REPRESENTATIVE Suite 600 Bremerton WA 98337j�c�ll�� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD WN OL 39 0715 THIS ENDORSEMENT CHANGES COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL OENEFtAt L.IAB1LiTY CUV1wl:AGE Fitts With respect to the coverage provided by this endorsement, the provisions of the Coverage Porrri apply unless modified by this endorsement* The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SEC'FIOtV I�-'Cfl1lERAC1=SAMENDMiNT COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft item 2. Exclusions, Paragraph go is replaced by the following. g, Aircraft, Auto Or Watercraft „Bodily injury" or "property :damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft awned or operated by or rented or oa lned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the. "bodily injury" or "property damage' involved in the ownership, maintenance, use or entrustment to others of any aircraft, '"auto" or watercraft that is owned or operated by or recited or loaned to any insured. This exclusion does not i4pply to: (1) A watercraft while ashore on premises you own or rent; {2) A watercraft you do not own that is: (a) Less than 50 feet long; and {b} Not .being used, to carry persons or property for a charge; This Subparagraph {2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft; {3): Parking an "auto" on, or on the ways next to, premises you own or resit, provided the ""auto": is not owned by or rented or -loaned to you or the insured; (4) Liability assumed under 'any nsuIv red contract" for the ownership, ,maintenance or use of aircraft or Watercraft; Or {5) :'Bodily injury„ or "property .damage" arising out of. {a) 7'le operation- of rrrach'irrery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of mobile. equipment" f I.T.fwere rsot subject to a compulsory or .financial responsibility .law or other motor vehicle 'insurance law where it; is licensed or principally garaged', or (b} The operation of.,ny of the machinery. or equipment listed in Paragraph C 0 or f. (3) of the definiition of "moi7ile. equipment". B. Darnage Ter Property Coverage >Wxtensians Item z. Exclusions; Paragraph j. is replaced by t�te. following: i, Damage To property "Property damage" to; (1) Property yo�l own, rent,. ot` occupy, including any costs or .expenses incurred by .you, or any other person, organization or entity; for repair, replacement; enhancement, restoration or malntenanc of such property for any reaaon, Including prevention of injury to a person or damage to another';s property.. (2) Premises you sell, give away or abandon, if the <'property damage" arises out of any part of those premises; {3) Property loaned "to yo {�t) Personal property in the care; custody or control of the insured; L 39 07 'I5 1nCiudes copyrighted material atlnsurai�ce Services Of#ice, Inc," with; its:t�er;rii�sion Page � of 1.0 Humble & bavenport Insurance �l•okers Inc. {5) That particular part of real property on which _you or any contactors ar subcontri�ctors working directly. ar indirectly ttn year .behalf -.ate performing operations, if the "property damage" arises out of thoso operations; or {6) That particular pars of any property that musi be restored, repaired or replaced `because. "your work" was incorrectly performed oti It Paragraphs {1}, (�) anc!'(�Y) of this exclusion dr> Trot apply to "property damage" (other than damage k;y fii'zr; lightning, .explosion or sprinkler leakage} fa premises, including tkie contents of such prerrtises, rented to you 'fora .period of seven or fewer' consecutive days= A separate limit 'of insurance applies to Damage To Premises Rented �'o You as described in SirCilC7N .III � taIM175 �i= INaURAIVCE: However, the provisions of this paragraph do net apply if taverage for Damage To Prerrrises Rented To You is excluded by endorsement, Paragraph {2) of this exelusioii does not apply if the premises are ``your work" and were never occupied, rented ar held :for rental `by you. Paragraphs (�) and {4j of ti5 exclusion da not :.apply to the use of elevijtors. Paragraphs {3)„ {4}, {5) and {t"i} of this exclusion da not apply tr, liability assumed under a sicletraci: agreement, Paragraph {4) of this exclusion? does not. apply to „property damage" to borrowed equipment while :trot being used to perform operations at the jobsite. subject to Paragraph 2. of SEC710N 11t-�'LIMi'CS Op I[d5t1RANCE, the rules below fix the most we will pay for''`property damage" underthis provision:. {1) $�5,000 any one "occurrence", regardless of the' number of parsons ar organizations who sustain darkrages because. of that:"occurrence" {2) $5p,00f1 annual aggregate; anif (3) vVe wail pay only for damages in excess of $2,5rJ(i as a result of ..any one "occurrence"; regardless of the number of :persons or organizations who sustain damages because of that "occurrence". We may, or if required by lave, pay all or any part of any deductible arr�our�t, if.:appiicable, to effect settlement of any clairri or "suit"; Upon notice pf our payment of a deductible amount, you -shall promptly reimburse us for the part. of the .deductible arriountwepaid. Paragraph {6) o� thin exclusion does not apply to "property damage,' included. in the "products -completed operations hazard". 'The insurance provided for "property damage'' from the use of elevators ;and for "property damage., tb borrowed equipment is excess aver any ether valitl and collectible property .insurance. (including any deductible -.portion thereof} available to the insured whether primary, excess; contingent ar an an. y other' basis.. ;r; C�arrtage i`o Premises Rented To You :Item �; lxclusion.s, the last paragraph is 'replaced by the followirgi f=xclu5ions +~, thraugV n. do riot apply to damage by fire, lightning; explosion or sprinkler leakage to promises while rented to you or temporarily occupied by you with permission of the owner.. A. separate limit of insurance applies tp thrs covers„ge as described in Paragraph �.. ref 5��'t`IO:N lil -- LIMITS OP 1NSURAiVCE; �OVf=RASE B -- Pi✓RSON;i4l, AND ,iADV�it71�SING IIU.lURY LIABILtTIt t7. personal Acid Adverfising Injury item Z; Exclusiorts is amended by replacing Sub -paragraphs b. and c. with the fcillov,+ingr , la. Material l�ubished 11Uith Knowledge. ±Df 1=aisity "fersonal and advertising rnjury" ansn.g out afi .oral, written, teloviserl, videotaped or electronic publication, in ally manner` of :materiel., if done by or at the directiiiri of lire insured with knowledge of its falsity. c. Material I?ubishecl prior �`ti policy C�eriod ' > arising :out of "Personal and advertising rn�ury' :oral, written, televised,, videotaped cir electrariic publication, in any manner; rf material whose first publication `teak p4acebefore the boginrting of the: policy period, WN GL �9 07 'i 5 Includes gopyrigrited t�iaterial of Insurance Services Of#)cs, lire., with :its �ermssinti, Page � t�f 'I0 Humble &Davenport Insurance Brokers Inc. gUPPLENiEIJTARY I�AYM�NTS W C4VERA�� The fcailowing are added:: AND �3 �:, iar�ket Additional Insured � Vendars � As ��ecfuired By �antract io, Su�pterrrentary Payanerzts �- �ol,�,��,�,e� �,, ars�i s f section ii -Who is Ars Insured .is amer�dedto item 1. is amer�rded by replacing ��uY�para ;'�itv,i�5 i': include as an additional insured. any person{�) .and d, with the following;: or orgarii�ation{s) {referred to throughout this endorsement as vendor} with whom yo,u have b. Up to $5,000 #or cost of 'bail bonds required agreed in a written contract, executed prior to because. of accidents or traffic law viplatinns loss, to name as an additional insured, :)hut only. arising out of the use of any vehicle to which with respect to "bodily injury" or "p+'ope�Y the f3adily .Injury Liability GoVerage applies: We damage" :arising out of "your producfs" whiirl da not have to furnish these bonds. are distributed or sold in the regular course of the"vendor's business.. d. Ali reasarrable expenses incurred by the However, insured at our request to assist us `in the invesfigatian or defense of the claim ar "suit', a. The insurance afforded to such vendor only including actual loss of earnings up to $S60 a applies to the extent. permitted by l�tiv; end day because of time off from work, b; if coverage provided to fhe vendor is required by a contract or :agreement, the insurance offorded to such vendor will ndt SECTION it--1friNC? i� AN lNSU12EC� AM�Ni7�i��1T� be broader than #hat which you are: required by the contract dr agreeitrent to A, tnptoyee Bodily injury To A �o-n"iPi417ee provide for such vendor; Paragraph Z. a. {'I) is replaced by the f��l?ct�:ir�i� Z. With respect to the insurance affordec! to these {�1) "Bodily injury" or "'personal and advertising a�npd�ars; the following additional e�cciusions injury": (a} To you, to your partners ar members {if you a:, The insurance afforded the Vendor 'does are a partnership or joint venture), to your no# apply ta: members {if you are a limited liability (1) "i�odily injury" r?r "property damage" for company), or to .your other "volunteer -which the vendor is obligated to pay workers" while perfon�ring duties related to .damages by reason_'of the assumption the conduct of your business; of liai�iiity in � contrast sir agreemen{� to i{abrii {b} :For which there is any obligation to share This exdiusron does not apply. damages with nr repay someone else who for damages That the vendor would must pay damages; because of the injury have in the absence of the contract. pr described in i'aragrapii ('i} (a) above; or agreement; {c) Arising out of his or Ter providing or failing {x) Any express warranty >�rnauthorized by to pravide professional health care you; services:, (3} Any physical or chemical ch.artge in'the product made intentionally by the B. 'Netntty Atquirecl C3rganizatlons Vendor, Paragraph 3; a> is replaced'by the follawing° {�) Repackaging, except when. unpacked a. Coverage under this pravisian is afforded only solely for file purpose of '.inspect'ion; until the 18b`h day after you acquire or form the .demonstration, testing; or "tkae organization or the end of the. policy period, ::substitution rif' ports under ;instructions whichever is earlier;. from the manufacturer, :and then repackaged in the original container; Wt�l ��., 39 �% 'i �J Inc{udes Copyngti�ecs materr,3{ of 1n�utance Services Office, h�G': wiitt its P�rmlSsitiil, P��e � of 1:17 i�uir�bie �� �a<<v ,�:�<� si ui��irrcra rckers Inc. (5j Any failure to make such inspections, 4. With respect to the insurance afforded to these adjustments.;. tests or servicing- as the vendors, the fallowing is .added. to 5ectir�n Ilf vendor has agreed to make or normally Limits Uf Insurance: undertakes to make in the. usual course of business, in connection with the If coverage pravit]ed to the vendor is :required. distribution or sale ofthe products;. by a contract or agreement, the most we will. pay on behalf of the vendor rss {6j bemonstration, in5ta11atiari, servicing oi` repair operations, except such. a. The minimrarr amount required .by ttie operations .performed at the vendor's contract or agreement;.or premises in connection with the save of b, The Limits of Insurance shown. in file the product; Declarations; {7) Products which, after distribution ar sale by you, have been labeled or whichever is less. relabeled or used as a container; part Tins endorsement shall not: increase the or ingredient of any other ihinq or applicable: Limits. of lrisurance shov�rn rn, th:e substance by or for':the vendor; ar Declarations. {$j "Bodily injury or "property darna,ge" arising aut of the sole negligence of the 5. V�iih respect to the insurance afforded to these vendor for its own -acts or ornissians or additional insureds, the fallowing additional those: ofi its employees or anyone else exclusion i�pplies:- acting on its behalf, However, this Thjs insurance does not, apply to: exclusion does not apply to: a, "Bodily injury„ "property damage" or {i) The exceptions contained. in „personal and advertising injury" arising t��it Subparagraphs {�.) or {sj; or of the rendering af, or the failure to' render; {ii? 5uch inspections, adjustments, any pi'afes5ional architectural engineering tests or servicing as the vendor or surveying services; including. fias agreed to make or normally {'i) The preparing, approving, or farlrng.'to undertal�es to make `in the usual prepare or approve; maps, shop. .course of business, in connection drawings, opinions, reports, surveys; with tte distribution or sale of the field orders; change orders or drawings product. and specifications; fir 3: Thin Provision G; does :not apply: {�} Supervisory, irispectiori; arehitectrxral or a, T'o any. insured: person or organizatiari fr-an� engineering attivities. whom you have acquired such .products,, or This exclusion applies even if th. e. :;any ingredient, part ar container, entering claims :against an .additional insured into, accompanying or containing 5ucii allege. negligence or Tither wrongdoing pradutts in the supervision, hiring, empiaymerrt training ar monitoring of others by that la: Ta any vendor for which coverage as an insured. if the "occurrence" which additional insured specifically is scheduled :caused the " bodily injury" or " propeity by endorsement; or damage„ or the offense which caused c, When liabiiiry iiiciuded within the tha "personal and advertising injury',, "products�completed operations hazard" involved the rendenn. g of or failure to. `has been excluded far such product either render any professirsnal services by by the provisions of -.the coverage; part pr by you with respect fn' your providing endorsement. engineering, architectural or surve�+iig :services in your capacity as an :engineer, architect or;surveyar. r, hted Wisteria! of insuraWce Services Office, Irt�:, with'ts:parmissii�ri, pi�g� � �� �� WN GL 39 �� 15 Includes copy .y Humble & Davenport Insurance Brokers Inc. p, Blanket Additional Insured — Lessor Of Leased Equipment 1. Section 11 Who is An insured is amended to include as an additional insured any parsnni;1 or organization(s) from whom you li ase ;equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss; that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury" "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, Operation Or use Of equipment leased to you by such persons) or organization(s). However,. the 'insurance afforded to such additional insured: a* only applies to the. extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to. proyide:for such additional insured. A person's or beganization's status as an :additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends: 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place afterthe equipment lease expires:. 3. With respect to the :insurance afforded to these additional in the following is added to Section it] Limits Of Insurance if coverage. provided to the additional insured is required by a contract or :agreement, the most, we will pay on behalf :of the additional ,insured a, The minimum amount required by the contract or agreement; or b: The L ehits of Insurance shown in the peclarat'rons; whichever ris less. This endorsement shall not increase the appiicabie Limits of Insurance shown in the beclarations. 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to;. Cal "Bodily injury", „property damage" or "personal and advertising injury" arising out of the rendering of, or the fallure to render, any professional architectural; engineering or surveying services;includinga (1) The preparing, :approving, or failing: to prepare or .approve maps,. shop drawings, opinions, reports, surveys; field orders, change orders or drawings and specifications; or () ;supervls iry; inspection; architeeturdl of engineering activities. This exclusion applies even If the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, empioyehent training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury, or "property damage' or the offense which caused the "personal . od advertising injury At Involved the rendering ot or fallum to render any professional services -by you with respect to your providing engineering; architectural or surveying servioe.s in your capacity as an engineer, architect or surveyor. > Blanket Additional Insured ,� ManOgers Or Lessors Of premises 1. Section it —Who Is Ali lnslured Is amended:to include as an.:additional Insured anypersons) or organizations} with whom yoq.0 have agreed: in a written contract, executed prior to lass;. to name as an additional insured7 but only with respect to liability arising out of the ownership, maintenance or use of:that part of the ;premises leased to YOU subject to the following additional exclusions. This insurance does not apply to; a. Any "occurrence'' which takes place after you :cease t0 be':a:tenarlt ih that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured: �� rsL. �g b� '� �. Incrudes aopyrlrjhta� n�ateriat of Insurance 5eivices affioe, Inc:; wiih.its;permissioi,. T�age 6 of 1(i HumbIe & uav( iq)t: '_ .t iI>Hr <nro Brokers Inc. However: F, Blanket Additional insured State Or a. The insurance afforded to such additional Governmental Agency or Subdivision Or insured only applies to the extent permitted political Subdivision — permits Or by law; and Authorizations b. if coverage provided to the additional section ii � Who is An Insured is amended to insured is required by a contract or include as an additional insured .any state or agreement, the insurance afforded to such governmental agency or subdivision or political additional insured will not be broader than subdivision with whom;you have agreed in a: Written that which you. are required by the contract contract; executed prior to loss;: to name as an or agreement to provide for such additional additional insured, so jedt to the following insured; provisionsu With respect to the insurance afforded to these 1. This insurance applies only with respect to additional insureds, the following is added to operations performed by:you be or on your t3. Section IIi — U ,—its. Of insurance : for which the state or governmental agency or subdivision or political. subdivlsiori has issued a if coverage provided to the additional insured is permit or authorization. required by 'a contract or agreement, the most we will pay on behalf of the additional insured However: Is: a. The insurance afforded to such additional a, i he minimum amount required by the insured only pplies'to the extent permitted contract or agreement; or by law; and b. The Limits of Insurance shown in the b; if coverage provided to the additional. beclarafions; insured is `required by a contract or agreement;.. the insurance afforded `to such whichever is less, additional insured will not be broader that! This endorsement shall not increase the that which you are required :by the contract applicable Limits of Insurance 'shown in the or agreement to pro\ide..for such additional Declarations. insured. :3. With respect to the insurance afforded to these 2, This insurancoes not apply to . additional ine. sl insureds the following additional a "Bodily injury„ "property damage" or exclusion appliesi "personal acid advertising injury" arising .but This 'insurance does not apply to: of operations performed. for the federal „ damn e" or government; state or municipality; or a. Bodily injury'; property or property damage" ;'personal and advertising injury" arising out b. 'Bodily injury` of the rendering of, or the failure to render, included within the "proiiucts completed any professional architectural, engineering operations hazard":.. 11 or surveying services, including: g. With respect to the insurance: afforded, to these. (1) The preparing, approving, or failing to additional insureds, the following is .added to prepare or approve, maps, shop Section III Lii»its pf :insurance drawings, opinions, reports, surveys, if coverage provided. to the additional :'insured is field orders. change orders or drawings required by a.;tontract or agreement, the most and specificat'sons or we will pay on :behalf o.. the additional insured (1) Supervisory, lnspection. architectural or engineering activities. a, The: minimum amount required by the This exclusion applies even if the claims contractor agreement, :or against an additional insured allege b The Limits of Insurance si�own it the negligence or other wrongdoing in the Declarations; supervision, hiring, employment, training or Monitoring of others by that insured, if the whichever is less: occurrence" which caused the "bodily idamage", or the offense njury" or `"property This endorsement shall 'riot increase the which caused the °'personal and advertising applicable Omits of insurance shown inth. e injury involved the rendering of ;or failure Declarations: to render any professional Services by you with .respect to your providing engineering, architectural' or surveying services in your& capacity as an engineer, architect oi surveyor. Pa e 7 `of t.t} ance Services Office, inc rtiit ` N GL 39 07 15 includes, copyrighted material of insurh 'sts ssion, permi, Humble & Davenport Insurance Brokers Inc. +�: With ri~speti to the insurance afforded to these additional insureds; the fdllowing additional exclusion applies; This insurance does not applvto: a. "Bodily- injury,,. "property daniayti" or "personal -:and advertising injury„ arising out of the rendering'of, or the failure to render: arty professiorta! architectural, engineering yr surveying services, including: {�) The preparing, approving; 6r failing to ,prepare or approve, maps, strop drawings, opinions; reports, surveys;, field orders, :change orders or drawings: and specifications; or %2} Supervisory, .inspection, architectural or engineering :activities. This exclusion applies. even if the claims :against �n additional insured allecde negligence or other Wrongdoing in the supervision, hiring, employment, training or i;ionitoring of :others by that insured;. if the "occurrence" which caused the "}Jodily injury„ or "property damage'; or the offense which caused'the "personal and advertisir�i injury',. involved the rendering of or failure to render any professional services by you .with respect to your providing engineering, architectural or surveying services ir7 your �apaeify as an engineer; architect or surveyor. G. Blanket Addit}©nal insured — State Or Govereimenta{ Agency (7r Subd}v}sion Or Pniitical Subdiwsian - .Permits ter ,4uthnrizations Retatirrg 'fo Premises. Se+:tior} tl �- Whn 15 An Insured '}s amended to include. as ail additional insured any state or governrrrental :agency or subdivision or political subdivision wiih whom you have agreed in a written Contract, executed prior io lass, to name as an additions} insured; subject to the fi�llowing :provision; �, This insurance applies only with respect to the fd}lowing hazards. for which :the State or ;governmental, agef�icy of subdivision or political subdivision has issued a.permitor authorization in connection with premises you own, .rent or control and to Wh}Ch this'insurance applies::. a< The �existet7ce, rpainteliance; repair, construction; erect}on or removal of. advert}sing signs, awnings; canopies, cellar entrances, coal holes, driveways, manholes, tnsrquees, hoist. away .openings; sideWalic vaults; Street banners: or decorations;and similar exposures; or WN Gi: 3� 07 '15 b. The- .construction, erection or removal of elevators; dr c. The ownership, maintenance or use of any elevators covered by this insurance: NovreveY; a, The insurance affdrded to :such a�drtior�al insured only applies: to thy: extent permitted by law; and �: if coverage provided to `tile additlo ia1 insured is requited by a contract or' agreement, the insurance �ffordetl o sudi additional insured w}Il. not tie broad. er 'than that which volt are: required kiy the ;contract. or agreenleitit'to provide for such additrorri�i .insured: 2, With respect to the insurance afforded to these .additional :insureds the: following is tided 'to, Sectior7 IIl Lrrniis Of insurance . If :coverage provided to the additional insured is required toy a contract or agreei•rretrt; :the Ji7rst. We wiR :pay on behalf of the addltiona! insured is: a. The minimum amount required by the contract or agreerrtent; or ii. The Limits of Insurance shown }ri ttie Declarations; whichever is less. This endorsement sha}! nof: increase .the. app}icable Limits of Irisur'sn�e shown rn the Declarations; 3. With respect to the insurance afforded to these additional insureds. the #o}lowing .additional exclusion appliies. ` This insurance+does not.appiy to; a: "bodily injury„ "property damage" or personal acid advertrsin� rn�ury,' ansrng �oi:t: of tie rendering of, or t}ie #arlure `to render, any professional architectural, engineex}fig or surveyiirtg seryices; including: (1) The. preparing, approving, :or failing to prepare or :approve, maps shop drawings, opinions, repots; surveys;. field cinders. change orders:or drawings. :and speclftcations; tir {�) :Supervisory; :inspection, arctiiteciiu.ral or engineering :activrtres:. liicludes Gapyrigl7tei ma3erial of Insiranee Services Office, rnc., with :its permission. P;�Je :S. ai '1:i7 R - Humble & Daveripoi L I€O�4i U.e. Brokers Inc. This exclusion applies even if the ciain's against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment; training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage', or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or Surveying services in your capacity as an engineer, architect or surveyor. sECTiorl ;lI) LIMITS: 0!+ ih1Sill�t`IPIC� AMEINOMENT$ A: Damage To Premises Rented To You Paragraph 6, is replaced by the following: �. 5utiject to Paragraph 5. above. the most we Will pay under. Coverage A for damages because of `property damage" to any one Premises, while rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage; while rented to you or temporarily occupied by you with permission of the owner is the greater of. b, The :amount shown next to the. Damage Ta Premises Recited To You Limit lei the L' darat ons However, the provisions of this paragraph do not. apply if Damage To Premises tented To 1'bo _Coverage is excluded by endorsement, B: Medical Expense Limit paragraph 7, is replaced with the following:. F . subject to Paragraph 5: above, -the most we -wilt pay under Coverage C for all medical expenses ;because of "bodily injury" sustained by ;any one person is the greater cif; a. $10;u0u; or b: The amount shown next to the Medical Expense Limit in the C?eclarations. Thin insurance does not apply `if coverage for Medical. Expenses is excluded either by the provislons of the coverage part or by endorsement; ECTION IV COMMERCIAL GENERAL LIABILITY CC�NDITiONS AMENDMENTS A. Knowledge of Occurrence (tern 2. Duties In The Event Of vecurrence; Cif tense, Ciaim or Suit is arnended by adding the following. e. You must give us dr our authorized representative prompt, notice ,of ab "occurrence' claim. or loss. only when the "occurrence", claim oi' IOSS is krit)wn to (i) YU1.1s if you are an :individual; (2) A partner, if you are a partnership; (3) An executive officer :or insurance nTan ger,- if you are a corpoeatlon : or (4) A member or manager, if you are. a limited liability "company, S. Other Insurance Item 4: Other lnsurattce, b.. Excess Ins irairce (1) (a) (ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leakage insurance Tor premises rented to yogic or temporarily occupied by you-vrith perrnissio of the owner; C; Unintentia.nal Failure TO,,`Disclose H;�zards Item .6. Represe yiatio.rig is replaced .by :ftie following: 6. Representations And Unintenvonal Failure To Disclose Hazards a: By accepting this policy, yt a agree:, 0) The statements in the -`Declarations are accurate and complete; (2) 'Those. staterrrents are based upon representations you rnadeto us, arcl (3) We have issued this policy in reliaince. upon.your representations. b. If you unj ntentionally fail to disclose any hazards existing at the IriCept'ion elate :of your policy, we will not deF. ny 'Coverage under this Coverage Part because of :such. failure: Howevera. this provision does not affect our rig +ht to collect add fib A] premium or exercisE' our riIF F`ght: of Cancellation Or ion.4enewat WN GL "3$ t?7 `(5" lnctutles :copyrighted matenai of Uisursnee 5erviaes office, Inc., wrfl its permission: gage � Of. 1 Hutn6 i e � Ciavenpor� Insurance brokers Inc. �. Waiver ©f 5ubrcrgat'ron (tern 8. "transfer �f Fights of Recovery Against t7ihers to tJs is hereby amended by the addition of the following; We waive any right of recovery we ri�ay have IaeGause of payments we retake for injury or darrrage arising out. of goal- ongoing operations. nr ",your work" done under a written eonti-act, executed pear to loss; requiring .such waiver with that: ;person or tir•ganization and included in the. "products -completed opera#ions hazard". Hovdever; qur rights niay only be waived prior to 'the "occurrence`` givir7g rise to the injury or damage'for which we `ixrake payment under fills r✓overage part. `Che insured must do nothing after a kiss to irttpair our rights. At our request, thee: insured will bring "suit" or transfer fl•rose rights to us and help us enforce��those right, ���TtgN V—,b�IrINITIt�N5 AM�Nra1VlENTS A. lnsurr~d CnniractAmertded Paragraph 9. a. is replaced by tYie foNowing. a. % contraci: far a lease of premise. �#owever, chat portion a# the contract for a leaso of premises 'that irden•rnifies any person ar oeganizatioi`i for damage by 'fre> lightnrng,. explosion or sprinkler lockage to premises_ while rented to you 'or temporarily :occupied �y you with permission of the owner is .not. an "insured contract''; B. persanal Anc1 Advertising iinjury.il?eaefin+�d Paragraph �4: d, aricl e: are replaced::by tie; following: d. Oral,. written; televised; videotaped or eleiviroriic publication: of material that slanders or libels :a_ person: or orgonlzation. or disparages �' person's or organiz;ation's. goods;. products: �r service; e. Oral, written, te)evised, videotaped.cir electronic publication of material filet violates :a person.'.s right of ;privacy; �� �l. ;�$. �i'% 'i 5 irtciudes copyrighted material of l�isurancs 5eivices .o#frce, Inc;, with its permission; Page �O:uf `7#? Numi,le lea,!=vri E u i viz ii,o Brokers Inc. oMMERGIAL GENERAL.. LIABILITY WNGL496115 THIS ENDORSEiYiENT CHANGES THE POLICY., PLEASE READ IT CAREFULLY. This endorserment modifies insurance provided under the following: iwOMtvt>=l��iAL GENERAk, LIA�tL4TY �:OVCRAt�E Pf��T A. Set#idn:ll � V11ho 15 An Insured is amended to in- clude as an additional insured any person or orw ganization for whom you are performing :opera tions when you and such person or organization have agreed in writing in a contract or agreement that. such person or organization be added as an additional insured on your policy, Such person or organ. ization is .an additional 'insured only with re". spect to liability for '"bodily injury," '"property darn- age or "personal and advertising injury" caused in while or In part,. Y4. j,. Your acts cr omissions; or 2 : :The acts or omissions elf those acting on your behalf', in the: performance of your ongoing operations for the additional insured. ation's status as an additional A person"s or t�rgariz instated uI. nder this endorsement ends when your operations for that additional insured are corn- pleted. However; �, 7#�e insurance afforded'to such additional in-. sured only applies to the extent permitted by law; and Z. if coverage provided to the additional insured. Is eqIF by a contract or agreement; the i 1 surance afforded to such additional insured will not.be broader than that which you are re- quired by the contract or agreement to provide for such additional insured; S. With respect to the insurance afforded to these ad- ditional insureds, the foliowir g additional.exclusion applies: This insurance does not apply t6':. 1, "Bodily injury" "prroperty: damage" or "persIF onal and advertising InJury" `arising out of the ten- dgririg of; or the failure to render; any ;profes- sional architectural engineering or stirveyi0+9 services; ;includjng: a. The preparing, approving; or failing to pre- pare or approve.; mall'ps, shop drawings, opinions, :reports; surveys; field orders,. change .ostlers or drawings and.. ecifica.� Lions; or b. Supervisory, inspection;. .architectural :or engineering activities, This exclusion applies even if the claims against an additional insured Mlege negligehc6. or other wrongdoing in the supervision. hinno, employment: traininIa g or monitoring .1 others by that insured; if the occurrence" which caused the "bodily injury" or property dam age" or fhe offense which caused .tIhFI "person_ al and advertising injury involved the render= ing of or failure to. render any professional services by you with :respect to yding our provi engineering, architectural ar surveying serv- ices in your .capacity as an erigrneer, :architect. or .surveyor. VVN GL.4�'0� 'i 5 includes co�yrrgiited material of Insurance SE;r�ic�s Otfice, fric:; with its petm;ssion. � Humble & Davenport Insurance Brokers Inc. "Bodily injury" or "property damage" occurring D. The following is added to the Other insurance Condition and supersedes any provision to the after: contrary: a: All work, including materials, parts or equipment furnished in connection with such work, on the project (other than serv- ice, maintenance or repairs) to be per- formed. by or on behalf of the additional in- sured{§} at the location of the covered op- eratior s has 'been completed; or b. That portion of ,your work" out of which the injury or damage arises has been Out to its intended use by any person or or- ganization other than. another contractor or subcontractor engaged in performing open ations for a principal as a part of the same. project: G. With respect to. the insurance afforded to these ad- ditional:insured$, the following is added to Section iii — Lir its Of insurance if coverage provided to the additional insured is re quired :by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or t, The Limits of Insurance shown in the Declaila- tions; rirhichever'rs less: ' This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, e rimary And Noncontributory Insurance This insurance is primary to and will .not seek any contribution from any other insurance avaliable to an additional. insured under your policy provided that:. (1) The additional insured is a Narned Insured under such other insurance; and (} iri You have agreed in writing <a contract or agreement that this insurance would. be primary and would riot seek contribution from any. other .insurance available: to tiie addifionai insured. WN �[, ti.g (i7 °i � triciucies copyr'i jiiteil material. of I�isiirance Services Of('ice, lnc:, with its perziii5'sion: �a9a � �'�