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HomeMy WebLinkAbout6651 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 PROFESSIONAL SERVICES AGREEMENT Puget Sound Navy Museum Mass Communications System The City of Bremerton ("City") and Wood Harbinger ("Consultant"), referred to collectively as the"Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated January 23, 2024, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B;provided however,that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement,the City shall pay Consultant in an amount not to exceed$39,286. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement,the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field Page 1 of 8 Bremerton/Wood Harbinger Puget Sound Navy Museum Mass Communication System Rev. 1/2024 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including,but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance,Business&Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent,the City may withhold the delinquent amount,plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall indemnify and hold the City, its officers, officials, and employees 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, but only to the extent they are actually caused by Consultant's negligence, except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. Consultant will have no obligation to defend, rather, Consultant will reimburse City, its officers, officials, and employees its reasonable defense costs caused by Consultant's negligence not to exceed its proportionate percentage of fault and as awarded by a court or arbitrator of competent jurisdiction. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER Page 2 of 8 Bremerton/Wood Harbinger Puget Sound Navy Museum Mass Communication System Rev. 1/2024 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual for non-professional services claims; products/completed operations/broad form property damage; explosion, collapse and underground(XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than$1,000,000 limit per claim and aggregate; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required),which may be provided on a"claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City,which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a redacted copy of all the required insurance policies and applicable endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 3 of 8 Bremerton/Wood Harbinger Puget Sound Navy Museum Mass Communication System Rev. 1/2024 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 The Consultant's insurance shall be primary and non-contributory insurance as respects the additional insured's and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail,return receipt requested to City of Bremerton,Attn: Risk Management, 345 6th Street, Suite 100,Bremerton, WA 98337 within two days of the cancellation or suspension of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason,proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant's responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall,upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles("GAAP")to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it,or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Portland, Oregon. Consultant shall make such data, documents,and files available to the City upon its request at all reasonable times for the purpose of editing,modifying, and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. Page 4 of 8 Bremerton/Wood Harbinger Puget Sound Navy Museum Mass Communication System Rev. 1/2024 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Portland, Oregon. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Attn: Matt Donleycott June Mechure City of Bremerton Wood Harbinger 100 Oyster Bay Ave N. 929 108th Ave NE, Suite 1000 Bremerton, WA 98312 Bellevue, WA 98004 Page 5 of 8 Bremerton/Wood Harbinger Puget Sound Navy Museum Mass Communication System Rev. 1/2024 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall use due professional care to comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. In the event of any dispute between the Parties related to this Agreement or this Project,the Parties agree to first negotiate in good faith toward a resolution with participation by representatives of each Party holding sufficient authority to resolve the dispute. If such dispute cannot be resolved in this manner, before any action or litigation is initiated other than as required to secure lien rights, the dispute shall be submitted to mediation using the American Arbitration Association or another mediator as mutually selected by the Parties. Such mediation shall be completed within a reasonable period of time following either Party's written demand with each Party to bear an equal share of the mediation fees and its own respective attorney and consultant fees and costs. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age(40+), sex,race,creed,color,national origin, sexual orientation/gender identity,marital status, military status, or the presence of any physical,mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Page 6 of 8 Bremerton/Wood Harbinger Puget Sound Navy Museum Mass Communication System Rev. 1/2024 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal,state,or other source for work described in Section I herein, and that funding is withdrawn, reduced, or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work,the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1)any acts of the federal government in controlling,restricting,or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER,that the Consultant must promptly notify the City within ten(10)calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable,the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm,Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. XII. Standard Terms and Conditions: In providing services under this Agreement, Consultant shall perform, consistent with but limited to, that degree of skill and care ordinarily used by other members of Consultants profession, practicing in the same or similar locality and under similar circumstances. Consultant makes no warranties, guarantees, express or implied, under this Agreement or otherwise in connection with consultants services. Page 7 of 8 Bremerton/Wood Harbinger Puget Sound Navy Museum Mass Communication System Rev. 1/2024 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY DEBA,L4ERTON Wood Q Harbinger e el In�nze,Q,eg. By: ,Sy' BY:— @7FFt-ee95E8E7479. Print Name: Greg Wheeler Print Name: Sean Bollen Its: Mayor Its: CEO/Principal Date: '/27/2024 Date:2/15/2024 APPROVED AS TO FORM: ATTEST: DocuSigned by: DocuSigned by: By: -yG�t at,�, a By: QU. ,a Akoovr Au�'ESso i Z4LUoLu4E45U41r.. Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk Page 8 of 8 Bremerton/Wood Harbineer Puget Sound Navy Museum Mass Communication System Rev. 1/2024 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 WOO u 929 io8th Ave NE, Suite moo Bellevue,WA 9800G Harbinger 425.628.6000 woodharbinger.com CONSULTING SERVICES PROPOSAL Client: City of Bremerton Attention: Chris Mottner Project: Puget Sound Navy Museum Mass Communication System Proposal #: P23.1 34 Date: February 9, 2024 1) PROJECT UNDERSTANDING A mass communication system for the 29,726 total square footage Puget Sound Naval Museum (PSNM) Building is needed to enhance the safety and security of staff, visitors, volunteers, and to increase communication throughout the three-story building (Levels 1 , 2, 3), basement and grounds. The communication system shall reach all areas of the museum including exhibits, offices, storage areas, and common spaces (lobby, landings, restrooms, gift shop, etc). Additionally, the system shall have outside speakers in the loading dock area behind the museum and the courtyard in front of the building. The system shall have separate circuits or zones to target specific areas of the building and/or exterior for use in the instance of lock downs and localized threats. The ability to make announcements from each floor of the museum, is required, so threats may be communicated as efficiently and safely as possible. The system must also have, the ability to play pre-recorded and scheduled messages to all public areas. The system shall allow routine public communications throughout the day. The system shall include connection to (1) set of exterior double doors and (1) set of interior double doors, to enable control of the doors for unlocking or locking on demand as needed. A. SCOPE. Wood Harbinger's scope will include the following: • Electrical design for power branch circuiting for system equipment panels and Local Operator Consoles (LOC's). Wood Harbinger#P23.134 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 Puget Sound Navy Museum Communication System February 9, 2024 Page 2 of 7 • Electrical power distribution panel circuit upgrades to accommodate and feed power circuiting to new system equipment panels, LOC's and door access control hardware. • Communication upgrades to accommodate and provide data/phone cable interface from building communications room to new system equipment panels, LOC's and door access control panel. • Fire alarm panel interface to new mass notification/ Public Address (PA) system announcements during fire alarm system alarm annunciation. Mass notification/PA speaker coordination, layout, and cable routing pathway. • Provide coordination and system interface connection of (1) set of exterior double doors and (1) set of interior double doors from the new system. System will be able to control doors for unlocking or locking on demand as needed. • All wiring in finished areas will be installed in wire mold raceway that is similar to wall color. All other unfinished areas will be open air cable above 7'. Below 7' will be in electrical conduit for physical damage protection. • Provide fire barriers/stopping for new conduits and cables. • System includes approximately (45) indoor speakers and (9) exterior speakers. Every single room will have at least (1) speaker. • System includes approximately (6) paging zones total. (4) Indoor zones, one per floor and (2) exterior zones north and south. • System will have (4) LOCs each having a microphone for real time live voice activation and a button module for activation of up to (16) pre-recorded messages. B. PROPOSAL BASIS. This proposal is based on the following: • Emails from Chris Mottner on November 1st, 2023, November 9th, 2023, follow up email on December 21 , 2023 and the included documents provided in those emails listed below: o Existing Building Floor Plans in AutoCad and PDF, with Room Names. o PSNM Mass Communication System Scope of Work. Wood Harbinger#P23.134 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 Puget Sound Navy Museum Communication System February 9, 2024 Page 3 of 7 o Navy Security Audit Communication System Funding Request. o Electrical Contractor Communication System Proposal. • Wood Harbinger will provide Electrical Engineering consulting services. • This proposal includes Design Development/Permit, Construction Document/Bid Set. Construction Administration (Optional Services). • Structural analysis and architectural analysis will not be provided. • This project is not pursuing any third-party sustainability verification or certification at this phase. • This project will not utilize 3D and Building Information Modeling (BIM). • If a service or deliverable is not included in this Proposal, it is expressly excluded from the scope of this Proposal. Services and deliverables beyond the scope of this Proposal will be negotiated and authorized in writing before services commence. • The Navy Museum is responsible for or already has: o Hazardous material abatement, if needed. o Doors and door hardware. o Door access control system design, equipment, and installation. o Replacement and upgrades of existing equipment, as needed. o Handle and support the project work on-site, provide access, coordinate work schedule, and on-site logistics as needed. • The City of Bremerton Public Works & Utilities is responsible for: o Construction Document Divisions 0 and 1 Specifications. o Prepare and advertise bid package, receive bids, review bids, award bid to contractor, and project construction management. C. SCHEDULE. This Proposal is based on the following estimated schedule: • Notice-to-Proceed Date: February 1 5, 2024 • Completion Date of Design Development/Permit Set: May 31 , 2024 Wood Harbinger#P23.134 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 Puget Sound Navy Museum Communication System February 9, 2024 Page 4 of 7 • Completion Date of Construction Documents/Bid Set: June 31 , 2024 • Date of Bid: July 2024 • Completion Date of Construction: January 31 , 2025 Any changes to Project scope or schedule from what is defined in this Proposal may be subject to additional services. 2) FEE. Fixed lump sum fee of $39,286 See below for break down by task: Phase Electrical Design Development/ Building Permit $16,874 Construction Documents / Bid Set $14,01 8 Bidding $4,132 Design Meetings $4,263 Design Subtotal $39,286 A. REIMBURSABLE EXPENSES: The following direct costs relative to this Project shall be reimbursed at a multiple of 1 .10 times the amount billed to Wood Harbinger, estimated at $300: • Automobile mileage. • Parking, road tolls, ferry. • Deliveries. • Prints/reproductions requested by the Owner. Wood Harbinger#P23.134 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 Puget Sound Navy Museum Communication System February 9, 2024 Page 5 of 7 3) DESIGN DELIVERABLES A. DESIGN: • Construction document drawings suitable for permit including system device and equipment floor plan layouts, power & communication floor plans, and system one-line diagrams, equipment schedules, equipment details, load calculations and panel schedules. • Coordination with Client Owner and Vendors. • Code Analysis. • Cost Estimate. • Attendance at virtual meetings during kickoff and design phases. • Design Development and Construction Document Design Phases. • Design Calculations for electrical load to show code compliance. • Cut sheets for mass notification/PA System. • Construction Document Divisions 26, 27, and 28 Specifications. • Design Deliverables will be limited to one submittal at each design milestone including: Design Development / Permit Set and Construction Documents / Bid Set. B. BIDDING/NEGOTIATIONS • Substitution Request Review • (1) Addendum and change narrative • Pre-Bid Site Walk and write-up. 4) DELIVERABLE FORMAT. Wood Harbinger will provide deliverables in AutoCad 2020 and digital PDF format for printing by Client. Wood Harbinger#P23.134 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 Puget Sound Navy Museum Communication System February 9, 2024 Page 6 of 7 5) OPTIONAL SERVICES. Wood Harbinger has identified optional services that may be required or desired for this Project. A. CONSTRUCTION ADMINISTRATION: • Request for Information (RFI) responses. • Submittal/Shop Drawing review, up to 2 iterations of each submittal. • Attendance at monthly virtual construction meetings and construction observations during a 6-month construction period. • (1) Site Observation and write-up. • (1) Punch list and write-up. • Prepare Record Drawings from Contractor Drawing Markups. • Review O&M Manuals. Optional Services Electrical Initials Construction Administration $6,983 Post Construction $4,111 CA Meetings $2,783 CA Subtotal $13,876 Expenses $300 Total $14,177 Please indicate acceptance by initialing next to the optional service that is to be included in this scope of work: Wood Harbinger#P23.134 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 Puget Sound Navy Museum Communication System February 9, 2024 Page 7 of 7 6) APPROVAL. If this proposal meets with your approval, please sign your acceptance, and send it back to us along with written notice to proceed. Please note that our proposal is valid for thirty (30) days. It is our primary goal that this project is of the highest success for the City Of Bremerton Public Works & Utilities and the Puget Sound Navy Museum. We appreciate your consideration of this proposal. We welcome the opportunity to discuss our proposed effort with you so that our proposed scope of work aligns with your expectations. Please do not hesitate to contact me at (425) 628-6062 or Matt Woo at (425) 628-6072 with any questions. Sincerely, WOOD HARBINGER, INC. By: February 9, 2024 June Mechure Date Principal, Electrical Engineering CITY OF BREMERTON PUBLIC WORKS & UTILITIES Accepted By: Partner or Corporate Officer Date Print Name and Title Attachment(s): WBS of Task Proposed Project Schedule Standard Terms and Conditions JM, MW, ME Wood Harbinger#P23.134 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 WOO929 io8th Ave NE, Suite moo u Bellevue,WA 9800G Harbinger G25.628.6000 woodharbinger.com STANDARD TERMS AND CONDITIONS Client Responsibilities. Client is responsible to Finance Charges. A finance charge at the rate of convey complete and accurate data to Wood 1% compounded monthly will be applied to Harbinger ("WH") upon which WH will base its outstanding invoices when Client has not met the services. WH has the right to use any plans and Payment Terms. If any payment is past due, WH related material provided to WH by Client. Client will provide five business days written notice to is responsible to perform design reviews and Client of intent to stop work and hold deliverables communicate decisions in a timely manner so that until payment of past due accounts is resolved. WH can deliver its services efficiently. Client is WH is not be responsible for any project delay if responsible for scheduling of personnel and WH stops work for Client's failure to pay timely. stakeholders for meetings. Client is responsible Insurance. WH maintains the following insurance for business administration of construction at the limits stated: contracts and vendor contracts. Client will provide access to facilities for WH's performance of its • PROFESSIONAL LIABILITY, $5M PER services including labor and safety equipment as CLAIM/$5M ANNUAL AGGREGATE required by WH. Client will provide tests of • GENERAL LIABILITY, $2,000,000 equipment, machinery, pipelines, and other • AUTO (OWNED, NON-OWNED & HIRED), components of the Project facilities as may be $1,000,000 required in connection with WH's services. • EMPLOYERS' LIABILITY, $1,000,000 Standard of Care. That level of care practiced by similarly situated designers practicing in the same • WORKERS' COMPENSATION, geographic location under similar circumstances. STATUTORY LIMITS Because professional services are based on Scope Changes and Project Delays. WH will professional judgment tempered by time accommodate Client-initiated scope changes constraints, a certain level of errors and through an agreed upon written contract omissions should be expected. Client must set amendment. WH will provide Client with an aside budget reserves to cover associated Additional Services Request ("ASR") outlining construction costs. additional scope of work and associated Payment Terms. By the 5th of the current month, professional fees. WH will only proceed with WH will submit invoices for all work performed additional scope after receiving written notice of during the preceding month. Client will pay acceptance of WH's ASR. invoices within 30 days of invoice date. Client Project Delays. If the project is put on hold for must take exception in writing to any invoice with more than sixty (60) days, WH will bill and shall specific reasons within ten business days of the be paid for its services incurred to the date of date of the invoice or pay the invoice in 30 days. notification. Client agrees that invoice disputes that are not Design Modifications. Modifications to the submitted to WH in writing within ten business program, proposed systems, or overall space days of the date of the invoice are waived and configurations that occur after 50% Design released. Development and that require additional design or redesign of previously agreed to building areas Wood Harbinger Consulting Services-Standard Terms and Conditions Version 4: Effective May 201 9 DocuSign Envelope ID:8D9CB19B-EFC9-4537-8CCA-C4868CEED796 or systems are Additional Services and are treated Copyright. WH grants to Client a nonexclusive as scope changes. copyright license to use WH's plans and Opinions of Cost, Financial Considerations, and specifications to construct, use, maintain, alter Schedules. In providing financial analyses or and add to the Project, provided that Client pays opinions of cost, economic feasibility, and WH in accordance with this Agreement. This scheduling for the Project, WH will use license is irrevocable upon project completion professional judgment. WH has no control over and payment in accordance with this Agreement. costs or prices of labor and materials; unknown Once irrevocable, Client may authorize other or latent conditions of existing equipment or similarly credentialed design professionals to structures that may affect operation or reproduce and make changes, corrections or maintenance costs; market conditions; time or additions to the plans and specifications for the quality of performance by third parties; quality, use, maintenance, alterations and additions to type, management, or direction of operating the Project. WH will obtain similar licenses from personnel; or other economic and operational its consultants. The licenses granted under this factors that may materially affect the ultimate section permit Client to authorize the Project cost or schedule. Therefore, WH makes no Contractor, Subcontractors, Sub-subcontractors, promise that the Client's actual Project costs or and material or equipment suppliers, as well as schedules will not vary from WH's projections. Client's consultants to reproduce the plans and specifications for use in performing services or Contaminants. WH will notify Client if it becomes construction for the Project. If WH rightfully aware of a possibility that contaminants exist in terminates this Agreement for cause, the the Project area. Client must hire others to licenses are terminated. If Client rightfully investigate and test suspect materials to terminates this Agreement for cause, the determine the extent and nature of the licenses become irrevocable and Client may contaminants and take appropriate measures for authorize other similarly credentialed design remediation. professionals to reproduce and make changes, Existing Conditions. The remodeling and/or corrections or additions to the plans and rehabilitation of existing systems requires that specifications to complete the Project. assumptions be made regarding existing Agreement. Any representation made to induce conditions. Some assumptions may not be the execution of this Agreement has been verifiable without expending additional money or included in the Agreement or is no longer being destroying otherwise adequate or serviceable relied upon. Any modification to this Agreement portions of the facility. WH is not responsible may only be made in writing, signed by both when actual conditions are later discovered to parties. deviate from assumed conditions. 3D and Building Information Modeling (BIM). All 3D and BIM provided by WH are for coordination and document production with Client and Client's contractors, are not a tool for the construction phase, and may not reflect all of the components required to be present in the Deliverables. 3D and BIM models provided by WH do not supplement, modify or replace the Contract Documents. Wood Harbinger Consulting Services Terms and Conditions Version 4: Effective August 2021 DATE(MM/DD/YYYY) AcisPR D CERTIFICATE OF LIABILITY INSURANCE 2/29/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jennifer Aguirre AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd Suite 230 (A/c,No,Ext): (51 0)465-3090 (A/C,No): Lafayette CA 94549 ADODRESS: DesignProCerts@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURER A:XL Specialty Insurance Co. 37885 INSURED WOODHARBI INSURER B: Travelers Property Casualty Company of America 25674 Wood HaINSURER C: The Travelers Indemnity Company of Connecticut 25682 108th AveNE, Suite 1000 A S 929 Bellevue WA 98004 INSURER D: The Charter Oak Fire Insurance Company 25615 INSURER E: Travelers Casualty and Surety Co of America 31194 INSURER F: COVERAGES CERTIFICATE NUMBER:833700274 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) D X COMMERCIAL GENERAL LIABILITY Y Y 6809H141060 3/25/2023 3/25/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X 'ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y Y BA4R981261 3/25/2023 3/25/2024 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR Y Y CUP7K167186 3/25/2023 3/25/2024 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$inpnn $ D WORKERS COMPENSATION Y 6809H141060 3/25/2023 3/25/2024 PER X OTH- E AND EMPLOYERS LIABILITY Y/N UB4X647751 11/6/2023 3/25/2024 STATUTE ER WA STOP GAP ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liability Y DPR5009327 3/25/2023 3/25/2024 $5,000,000 per Claim Claims Made $5,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) AM Best's Rating on all policies above:A/XII or greater. Umbrella Liability policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability. WH Project Number/Name: #24004/Puget Sound Navy Museum Mass Communications System-- CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Matt Donleycott 345 6th Street Suite 100 AUTHORIZED REPRESENTATIVE Bremerton WA 983374- 2i41-4.746." ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6809H141060 ISSUED DATE: 2/29/2024 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 Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or"property damage"occurs or the "personal injury" or"advertising injury" offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. (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 in- This insurance does not apply to "bodily injury" or dude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been com- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6809H141060 ISSUED DATE: 2/29/2024 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury" or"property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- location designated and described in the schedule of dude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for "bodily injury" or "property dam- tions hazard". age" caused, in whole or in part, by"your work" at the CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Policy# 6809H141060 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract >7, Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The "bodily injury" or"property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them.At our request, agreement by you. the insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only.At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send notice to the first Named Insured. The due date proof of notice. for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 O 2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy#6809H141060 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for"bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees"or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS— INCREASED LIMIT or"volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III— LIMITS OF INSURANCE: services" during their work hours for you will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION— PROFESSIONAL LIABILITY services" to any one person will be deemed The following is added to Paragraph 4.b., to be one "occurrence". Excess Insurance, of SECTION IV — 4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale off M. BLANKET WAIVER OF SUBROGATION — pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. 5. The following is added to the DEFINITIONS OR AGREEMENT Section: The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, "Incidental medical services" means: of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs; or CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy: BA4R981261 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. POLICY NUMBER: BA4R981261 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another "insured". CA T4 74 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy# BA4R981261 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission.