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HomeMy WebLinkAbout6774 Docusign Envelope ID: D97318DF-23F4-4A3E-B5BC-D86E948310B8 PROFESSIONAL SERVICES AGREEMENT AES Watershed and Utility Land Survey Work 2024 The City of Bremerton ("City") and AES Consultants Inc ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated Sept 30,2024 , 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. IL 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 A; 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 $10,000.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit A 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 A. 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 A. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of 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, Page 1 of 12 Bremerton/AES Consultants,INC COB Watershed and Utility Land Survey Work 2024 Rev. 08/2024 Docusign Envelope ID: D97318DF-23F4-4A3E-B5BC-D86E948310B8 representatives, and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency,from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: Page 2 of 12 Bremerton/AES Consultants,INC COB Watershed and Utility Land Survey Work 2024 Rev. 08/2024 Docusign Envelope ID: D97318DF-23F4-4A3E-B5BC-D86E948310B8 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury,bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than$1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an"occurrence"basis except professional liability insurance (if required), which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub- contractors) as part of the work covered by this Agreement, it shall be the Consultant's responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. Page 3 of 12 Bremerton/AES Consultants,INC COB Watershed and Utility Land Survey Work 2024 Rev. 08/2024 Docusign Envelope ID: D97318DF-23F4-4A3E-B5BC-D86E948310B8 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 Silverdale, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying, and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or 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 Silverdale Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void,the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. Page 4 of 12 Bremerton/AES Consultants,INC COB Watershed and Utility Land Survey Work 2024 Rev. 08/2024 Docusign Envelope ID: D97318DF-23F4-4A3E-B5BC-D86E948310B8 L Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Sean Walsh Attn: Gary Chapman, PLS City of Bremerton AES Consultants 100 Oyster Bay Ave N. P.O Box 930 3472 NW Lowell St Bremerton, WA 98312 Silverdale, WA 98383 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 comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. Page 5 of 12 Bremerton/AES Consultants,INC COB Watershed and Utility Land Survey Work 2024 Rev. 08/2024 Docusign Envelope ID: D97318DF-23F4-4A3E-B5BC-D86E948310B8 X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced, or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination,the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination,the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON AES Consultants Signed by: DocuSigned by: t& M '�n� ..� 4pWV4A, By• 437 A49B3874BD By E9'F29GF�8433... Print Name: Thomas Knuckey Print Name: Gary Chapman, PLS Its: Public Works Director Its: President Date: 9/30/2024 Date:10/4/2024 Page 6 of 12 Bremerton/AES Consultants,INC COB Watershed and Utility Land Survey Work 2024 Rev. 08/2024 Docusign Envelope ID: D97318DF-23F4-4A3E-B5BC-D86E948310B8 APPRO TO FORM: ATTEST: Signed by: 14166til rttbri 1Mtlot• tkoNty BY• 52ACIRE8381 BO162... By: 24ED5ED4E45C41 F... Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev.09 2021.docx Page 7 of 12 Bremerton/AES Consultants,INC COB Watershed and Utility Land Survey Work 2024 Rev. 08/2024 Docusign Envelope ID: D97318DF-23F4-4A3E-B5BC-D86E948310B8 EXHIBIT A SCOPE OF WORK Land Surveying for Section 13, Township 24 North, Range 1 West,W.M. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Using standard, approved surveying methods, Consultant shall provide the following deliverables described below and depicted on attached map: Establish Property Line and set or recover Property Line Survey Markers 1. Establish and mark approximately 4,000 feet of the North property line of Bremerton Water Utility land marked in yellow on the attached map. Property line will be flagged with pink flagging and orange carsonite posts placed approximately every 100 feet. Carsonite posts will be provided by the City. 2. Set or recover three Property Corners marked with red circles on the attached map. Corners should be re-established with orange carsonite posts and clearly marked to meet surveying standards. Carsonite posts will be provided by the City. Page 8 of 12 Bremerton!AES Consultants,INC COB Watershed and Utility Land Survey Work 2024 Rev. 0812024 Docusign Envelope ID: D9731 8DF-23 F4-4A3E-B5BC-D86E94831 0B8 AES �� CONSULTANTS,INC. PROFESSIONAL LAND SURVEYORS P.O.BOX 930 • 3472 N.W.LOWELL"OLD TOWNE" 360692•6400•FAX 306928927 August 30, 2024 Sean Walsh City of Bremerton RE: Survey estimate for T24N1WS13 Thank you for the opportunity to provide you a cost estimate to survey the above project. As we discussed I anticipate we will mark the property lines identified in yellow with stakes approximately every 100 feet and set or recover the corners marked by a solid circle inside a red circle. The property lines will be flagged and a carsonite poste placed every 100 feet, carsonite posts provided by the City. The attached map shows these items. Our cost to complete this survey and record a survey drawing with Kitsap County is $9,700. I anticipate we can complete this survey before December 31, 2024. If you have any questions please let me know. Thank you. Gary Chapman, PLS President Page 9 of 12 Bremerton!AES Consultants,INC COB Watershed and Utility Land Survey Work 2024 Rev. 0812024 Docusign Envelope ID:D97318D F-23F4-4A3E-B5BC-D86E94831068 .pie . e " " T24 0 " " T24 OIV L " R1-0W atg3 • SC) 1 T24-0 -OE Q T•14120 G4§tX:l *1-0'` a Legend T24N1WS13 Roads •-. City of Bremerton O Property Corner D Gates Property Line to recover or set Property line to survey 0 500 1,000 2,000 3,000 Feet Page 10 of 12 Bremerton/AES Consultants,INC COB Watershed and Utility Land Survey Work 2024 Rev. 08/2024 Docusign Envelope ID: D97318DF-23F4-4A3E-B5BC-D86E948310B8 Exhibit B- Schedule The work described in Exhibit A will be completed by December 30,2024 Page 11 of 12 Bremerton/AES Consultants,INC COB Watershed and Utility Land Survey Work 2024 Rev. 08/2024 Docusign Envelope ID: D97318DF-23F4-4A3E-B5BC-D86E948310B8 Exhibit C- Compensation Contract Total $10,000 Survey Work and Survey Drawing to Kitsap County T24N1WS13 $9,700 Page 12 of 12 Bremerton/AES Consultants,INC COB Watershed and Utility Land Survey Work 2024 Rev. 08/2024 Docusign Envelope ID:D97318DF-23F4-4A3E-B5BC-D86E948310B8 DATE(MM/DDIYYYY) ACC o® CERTIFICATE OF LIABILITY INSURANCE 09/20/2024 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). CONTACT Jeff Reed PRODUCER NAME! StateFarm JEFF REED INSURANCE AGENCY INC PHONE 360-698-8029 FAX (A/C,No,Ext): (A/C.No): O 8890 PACIFIC AVE NW E-MAIL eff effreedinsurance.biz 0.� ADDRESS. @� INSURER(S)AFFORDING COVERAGE I_ NAIC# Silverdale WA 98383 INSURER A: `J INSURED INSURER B_ State Farm Fire and Casualty Company 25143 AESCS INC INSURERC: W PO BOX 930 INSURER D: INSURER E: 0 Silverdale WA 98383-0930 INSURER F: M COVERAGES CERTIFICATE NUMBER: 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 ADD SUB POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 �/ DAMAGE TO RENTED 1,000,000 CLAIMS-MADE Xi OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 A 'X Employers Liability-Stop Gap X X 98-CD-W066-6 08/05/2024 08/05/2025 PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I JECT LOC PRODUCTS-COMP/OP AGG g 2,000,000 5 OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 98-CD-W066-6 08/05/2024 08/05/2025 (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED X BODILY INJURY(Per accident) $ H ONLY AUTOS PROPERTY DAMAGE HIRED �s NON-OWNEDUTSONLY (Per accident) $ AUTOS ONLY /� AUTOS ONLY X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ A EXCESS LIAB CLAIMS-MADE 98-CU-3980-1 03/02/2024 03/02/2025 AGGREGATE $ 1,000,000 ICED RETENTION $ $ WORKERS COMPENSATION /( H- pER PERTtITF OT 0T $ AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 X I OFFICER/MEMBER EXCLUDED? N 1 A 98-CD-W066-6 08/05/2024 08/05/2025 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Bremerton is added as an additional insured with the following endorsements:Primary and Non Contributory and with the Waiver of Subrogation as our insureds interest may apply. All other terms and conditions remain unchanged. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton ATTN:Sean Walsh AUTHORIZED REPRESENTATIVE 100 Oyster Bay AVe Nv. Bremerton WA 98312 GZIA p v/- I S&V<,e 4.•e 1988-2015 AGO CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.14 04-13-2022 Docusign Envelope ID: D97318DF-23F4-4A3E-B5BC-D86E948310B8 A`cPR o DATE(MM/DD/YYYY)° CERTIFICATE OF LIABILITY INSURANCE 9/10/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jim Ledbetter AssuredPartners Design Professionals Insurance Services, LLC PHONE (vc,No):360-626-2019 19689 7th Ave NE, Ste 183, PMB#369 (A/C,No,Ext): 360-626-2019 Poulsbo WA 98370 ADODRESS: jim.ledbetter@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA: RLI INSURANCE COMPANY 13056 INSURED 2191 INSURER B: AES Consultants Inc P.O. Box 930 INSURER C: Silverdale WA 98383 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:258902878 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) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability: RDP0049481 1/10/2023 1/10/2025 Per Claim $1,000,000 Claims Made Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured Status is not available on Professional Liability Policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street Suite 100 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID:D97318DF-23F4-4A3E-B5BC-D86E948310B8 JA PolicyNo. 98—CD—W066-6 2761—FBBC 7 Paagege 1 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 98—CD—W066-6 Named Insured: AESCS INC PO BOX 930 SILVERDALE WA 98383-0930 Name And Address Of Person Or Organization: CITY OF BREMERTON 345 6TH ST STE 100 BREMERTON WA 98337 1891 The following is added to Paragraph 1Q.b. of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP-4787 1006225 137715.1 11-19-2013 0,Copyright,State Farm Mutual Automobile Insurance Company,2008 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Docusign Envelope ID:D97318DF-23F4-4A3E-B5BC-D86E948310B8 JA PolicyNo. 98—CD—WO66-6 2761—FBBC 6 Paagege 1 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4786 ADDITIONAL INSURED—OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 98—CD—W066-6 Named Insured: AESCS INC PO BOX 930 SILVERDALE WA 98383-0930 Name And Address Of Additional Insured Person Or Organization: CITY OF BREMERTON 345 6TH ST STE 100 BREMERTON WA 98337 1891 1. SECTION II — WHO IS AN INSURED of b. Products-Completed Operations SECTION II — LIABILITY is amended to in- "Your work" performed for that additional elude, as an additional insured, any person insured and included in the "products- or organization shown in the Schedule, but completed operations hazard". only with respect to liability for "bodily in- 2. Any insurance provided to the additional in- jury", "property damage", or "personal and sured shall only apply with respect to a claim advertising injury" caused, in whole or in made or a "suit" brought for damages for part, by: which you are provided coverage. a. Ongoing Operations 3. Primary Insurance. The insurance afforded the additional insured shall be primary insur- (1) Your acts or omissions; or ance. Any insurance carried by the additional insured shall be noncontributory with respect (2) The acts or omissions of those acting to coverage provided by you. on your behalf; There will be no refund of premium in the event in the performance of your ongoing opera- this endorsement is cancelled. tions for that additional insured; or All other policy provisions apply. CMP-4786 1006104 137713.1 10-23-2013 0,Copyright,State Farm Mutual Automobile Insurance Company,2008 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. STATE FARM FIRE AND CASUALTY COMPANY COVERAGE SUMMARY SEP 23 2024 a .STnCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS DECLARATIONS StateFarm A Po Box 2915 Bloomington IL 61702-2915 Addl Insured -Section II Only M-15-2761-FBE1 F N 001315 3123 CITY OF BREMERTON 345 6TH ST STE 100 BREMERTON WA 98337-1891 Illlll'I'lllll'll'lllllll'll'llllllllIII' IT' 1111lllIll11lllllll 0 0 Ws Policy Number 98-CD-W066-6 Policy Period Effective Data Expiration Data 12 Months AUG 5 2024 AUG 5 2025 The poll y period bets and ends at 12:01 am standard time Nib premises ocation. Named Insured AESCS INC !' _ ��ji__ _ OCT 0 4 2024 City of Brsmeron Risk Management Businessowners Policy Autornatic Renewal - If the policy period is shown as 12 months, this policy will be renewed automatically subjectto the premiums, rules and forms in effectfor each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Entity: Corporation Policy Premium Discounts Applied: Renewal Year Years in Business Claim Record $ 5,188.00 Prepared nP 23 2024 Copyright, State Farm Mutual Automohile Insurance Company, 2006 SE SE P23 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 010623 290 Al Continued on Reverse Side of Page N Page 1 of 6 San W � 9 M 31 ?[III miIWI, DECLARATIONS (CONTINUED) Wtusinessowners Policy for CITY OF BREMERTON Policy Number 98-CD-W066-6 3472NVVLDVVELL S|LVERDALEVVA 98383'9120 ve date ot this policy, the SECTION I - DEDUCTIBLES Basic Deductible $1,000 Earthquake Equipment Breakdown Ts—urance as sFo—w—ni—nc—lud—es 'any —in—cr—ease in the —Iia�it due to 10% Money and Securities $1'OUO Other deductibles may apply - refor to policy, Prepared SEP232O24 Copyright, State Farm Mutual Automobile Insurance Company, mn CMP_4000 |oo|«Wo'v"wriohmdmaterial of|nmmn:eServices Office, |o",with its yornis,ivn. 010e23 Continued onNext Page on ' Paoa �(� S � - | | I StateFarm i DECLARATIONS (CONTINUED) Policy N mberrs Policygfor D WO66-66REMERTON 0 C T 0 4 202 11, Ci.i 01 Gromorct Risk M«na5Ument SECTION I - EXTENSIONS OF COVERAGE - LIMIT OF INSURANCE - EACH DESCRIBED PREMISES I s The coverages and corresponding limits shown below apply separately to each described premises shown in these "See if does not have a corresponding limit shown below, Declarations, unless indicated by Schedule." a coverage but has "Included" indicated, please refer to that policy provision for an explanation of that coverage. �N LIMIT OF INSURANCE COVERAGE Accounts Receivable $10,000 On Premises $5,000 Off Premises $5,000 Arson Reward Included Collapse Damage To Non -Owned Buildings From Theft, Burglary Or Robbery Coverage B Limit 25% of covered loss Debris Removal Included Equipment Breakdown $2,500 Fire Department Service Charge $5,000 Fire Extinguisher Systems Recharge Expense $10,000 Forgery Or Alteration Included Glass Expenses lies only when buildings are Increased Cost Of Construction And Demolition Costs (applies Y g 10% insured on a replacement cost basis) $2,000 Money And Securities (Off Premises) $5,000 Money And Securities (On Premises) $1,000 Money Orders And Counterfeit Money Newly Acquired Business Personal Property (applies only if this policy provides $100,000 Coverage B - Business Personal Property) g lies only if this policy provides Newly Acquired Or Constructed Buildings (applies Y p Y $250,000 Coverage A - Buildings) Prepared SEP 23 2024 CMP-4000 010624 290 N © Copyright, State Farm Whial Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Continued on Reverse Side of Page Page 3 of 6 DECLARATIONS (CONTINUED) Busine s,, R r CITY OF BREMERTON Policy Number ,8 Ordinance Or Law - Equipment Coverage Included Outdoor Property $5,000 Personal Effects (applies only to those premises provided Coverage B - Business Personal Property) $2,500 Personal Property Off Premises $15,000 Pollutant Clean Up And Removal $10,000 Preservation Of Property 30 bays Property Of Others (applies only to those premises provided Coverage B - Business Personal Property) $2,500 Signs $2,500 Valuable Papers And Records On Premises Off Premises $10,000 $5,000 Water Damage, Other Liquids, Powder Or Molten Material Damage Included Loss Of Income And Extra Expense Actual Loss Sustained - 12 Months REGION II � LIABILIiY COVERAGE LIMIT OF INSURANCE Coverage L - Business Liability Prepared SEP 23 2024 © Copyright, State Farm Mutual Automobile Insurance Company, 2000 CMP-4000 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 010624 Continued on Next Page •- • St,,,teFarrn ,= Businessowners Policy for CITY OF BREMERTON Policy Number 98-CD-WO66-6 Coverage M - Medical Expenses (Any One Person) $10,000 Damage To Premises Rented To You $300,000 LIMIT OF AGGREGATE LIMITS INSURANCE Products/Completed Operations Aggregate $2,000,000 General Aggregate $2,000,000 Each paid claim for Liability Coverage reduces the amount of insurance we provide during the applicable annual period. Please refer to Section II - Liability in the Coverage Form and any attached endorsements. Your policy consists of these Declarations, the BUSINESSOWNERS COVERAGE FORM shown below, and any other forms and endorsements that apply, including those shown below as well as those issued subsequent to the issuance of this policy. FORMSri r•; CMP-4102 Businessowners Coverage Form CMP-4247.2 Amendatory Endorsement FE-3661 Actual Cash Value Endorsement CMP-4705.2 Loss of Income & Extra Expnse CMP-4561.4 Policy Endorsement CMP-4779 Employers Liability CMP-4720.1 Earthquake Volcanic Eruption CMP-4785 Addl Ins Owners Lessee Blkt CMP-4709 Money and Securities CMP-4572 Amendment of Premium Cond FE-6999.3 Terrorism Insurance Cov Notice CMP-4859 Al Engineer Architect Survey CMP-4787 Waiver of Trans Rgt of Recov CMP-4786 Addl Insd Owners Lessee Sched CMP-4870 Addl Insd Primary Non Contrib CMP-4860 Al Design Person Org CMP-4610 General Agg Limit Per Proj FD-6007 Inland Marine Attach Dec Prepared © P 23 2024 Copyright, State Farm Mutual Automobile Insurance Company, 2008 SE SE P23 20 Includes copyrighted material of Insurance Services office, Inc., with its permission. 010625 290 Continued on Reverse Side of Page N Page 5 of 6 DECLARATIONS (CONTINUED) This policy iaissued by the State Farm Fire and Casualty Company. Participating Policy You are entitled to participate in a distribution of the earnings of the company as determined by Our Board of Directors in accordance with the Cornpany's Articles of Incorporation, as amended, |nWitness Whereof, the State Farm Fire and CaouaUv�monpanyhanoeuoedth|apohuvhob�a' UedbvibPn*a�entand Secretary sd0uoOningb)n. Illinois, ' policy `, ' Secretary President Prepared BEP232O24 00 Copyright, State FonnMuma|Aomm"N|oInsurance Cvnmooxz00o CMP-4000 Includes copyrighted rriateriii of Insurance Services Off ice, 111c., with its permission. 0100o5e80 IN Page 6O( 6 STATE FARM FIRE AND CASUALTY COMPANY A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS INLAND MARINE ATTACHING DECLARATIONS W, s Po Bo,, 2915 Bloomington IL 61702-2915 Named Insured AESCS INC ATTACHING INLAND MARINE Policy Number 98-CD-W066-6 Policy Period Effective Date Expiration Date M-15-2761-FBE1 F N 12 Months AUG 5 2024 AUG 5 2025 The policy period begins and ends at 12:01 am standard time at premises location. OCT 04 2024 City of Brcrtc�;gt 1 Risk Management Automatic Renewal - If the policy period is shown as 12 months , this policy will be renewed automatically subjectto the premiums, rules and forms in effectfor each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Annual Policy Premium $ 1,540.00 The above Premium Amount is included in the Policy Premium shown on the Declarations. Your policy consists of these Declarations, the INLAND MARINE CONDITIONS shown below, and any other forms and endorsements that apply, including those shown below as well as those issued subsequentto the issuance of this policy. Forms, Options, and Endorsements FE-8744.1 Inland Marine Computer Prop FE-8760 Mobile Equipment Form FE-8724 Inland Marine Conditions See Reverse for Schedule Page with Limits Prepared SEP 23 2024 O Copyright, State Farm Mutual Automobile Insurance Company, 2008 FD-6007 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 010626 530-608 0 05 31 2011 1011323 AWACHING INLAND MARINE SCHEDULE PAG! ATTACHING INLAND MARINE ENDORSEMENT NUMBER COVERAGE FE-8744.1 Inland Marine Computer Prop Loss o(Income on Expense FE-8760 Mobile Equipment Form Prepared 8EP232O24 FD-G0O7 010626 LIMIT OF DEDUCTIBLE ANNUAL INSURANCE AMOUNT PREMIUM * 25'000 600 Included � 25^000 Included � I44^000 * l'OOO * 1,540,00 OTHER LIMITS AND EXCLUSIONS MAY APPLY ' REFER TOYOUR POLICY @ Copyright, State Farm Mutual Automobile |x,omoow CnmporKmn 98-CD-WO66-6 010627 (AM THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. CMP-4786 Page 1 of I CMP-4786 ADDITIONAL INSURED OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 98.CD-W066.6 (6 Named Insured: r-INZ&M,11 I A *_ i 1i i 2 MIMI= 131111 1. SECTION 11 ® WHO IS AN INSURED of SECTION 11 ® LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily inju- ry", "property damage", or "personal and ad- vertising injury" caused, in whole or in part, by: a. Ongoing Operations (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for that additional insured; or 'Y011TITTV9150 M, "Your work" performed for that additional insured and included in the "products - completed operations hazard". 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. 3. Primary Insurance, The insurance afforded the additional insured shall be primary insur- ance. Any insurance carried by the additional insured shall be noncontributory with respect to coverage provided by you. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. CMP-4786 @), Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 'Nr It t, i"re 98-CD-WO66-6 010628 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. CMP-4787 Page I of I CMP-4787 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 98-CD-WO66-6 Named Insured: AESCS INC MIN Zlivi 1:113110 1 ic The following is added to Paragraph 10.b. of SECTION I AND SECTION 11 ® COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP-4787 0, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Vti®t;u®VV666-6 MUM