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HomeMy WebLinkAbout6673 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 AGENDA BILL CITY OF BREMERTON 4 G CITY COUNCIL SUBJECT: Study Session Date: February 14, 2024 Professional Services Agreement with COUNCIL MEETING Date: February 21, 2024 Consor North America, Inc. for Construction Department: Public Works Management and Inspection Services for the Presenter: K. Ketterer Quincy Square Project Phone: (360) 473-5334 SUMMARY: The City will be soliciting bids in Spring 2024 for the construction of Quincy Square. The project will reconstruct 4th Street from Washington to Pacific Avenue. This agreement with Consor will provide construction management, inspection, and material testing services for the project. The scope of work includes full-time inspection, construction management, documentation, administrative support, and public outreach support. The contract value is $372,195.23. ATTACHMENTS: (1) Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): The project is included in the Transportation Capital Fund, and this contract is within the budget for the project. The overall budget for Quincy Square is $5,500,000. STUDY SESSION AGENDA: x❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: x❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the contract with Consor North America, Inc., for construction management and inspection services for Quincy Square and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ® Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/09/2021 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 PROFESSIONAL SERVICES AGREEMENT Quincy Square Construction Management& Inspection Services Project#315012 The City of Bremerton ("City") and Consor North America, 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 January 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 $372,195.23. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B 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 B. 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 B. 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. Page 1 of 10 Bremerton/Consor Quincy Square Rev. 04/2023 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 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, 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 Page 2 of 10 Bremerton/Consor Quincy Square Rev. 04/2023 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 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-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 3 of 10 Bremerton/Consor Quincy Square Rev. 04/2023 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 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 Consultants (sub-consultants or sub-Consultants) 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-Consultant meets the minimum insurance requirements specified above. The Consultant shall,upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles ("GAAP")to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Tacoma, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service Page 4 of 10 Bremerton/Consor Quincy Square Rev. 04/2023 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 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 Tacoma, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. 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: City Clerk Attn: Mike Hagerty City of Bremerton Consor North America, Inc. 345 6a' Street, Suite 100 1102 Broadway Plaza, Suite 401 Bremerton, WA 98337-1891 Tacoma, Washington 98402 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. Page 5 of 10 Bremerton/Consor Quincy Square Rev. 04/2023 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 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 including the 2 CFR part 200 subpart F. 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 Consultant 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 subConsultants, 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. A. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The Consultant will send each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applications for employment. Page 6 of 10 Bremerton/Consor Quincy Square Rev. 04/2023 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 D. The Consultant will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to the books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the Consultant's noncompliance with nondiscrimination clauses of the contract or with any such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. G. The Consultant will include the provisions of paragraphs (1) through (7) in every subcontract of purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction , the contractor may request the United States to enter into such litigation to protect the interests of the United States. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is Page 7 of 10 Bremerton/Consor Quincy Square Rev. 04/2023 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 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 Washington State and 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 State or 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. Conflict of Interest. The Consultant covenants that no person, who presently exercises any functions or responsibilities in connection with the City of Bremerton Quincy Square Project, will obtain a personal or financial interest from the assisted activity. The Consultant further covenants that he/she presently has no interest in, nor shall he/she acquire any interest, direct or indirect, either for themselves or those with whom they have business, or family which would conflict in any manner or degree with the performance of his/her services hereunder. The Consultant further covenants that in the performance of this Agreement any potential conflict, on the part of the Consultant or his/her employees, will be disclosed to the City. XIII. Section 3. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 U (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered by section 3, shall, Page 8 of 10 Bremerton/Consor Quincy Square Rev. 04/2023 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 to the greatest extent feasible, and be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. A. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. B. The Consultant agrees to send each labor organization or representative of workers with which the Consultant has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers; representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles to hire, availability of apprenticeship and training positions, the qualifications for each; and the anticipated date the work shall begin. C. The Consultant agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon the finding that the subcontractor is in violation of the regulations in 24 part 135. The Consultant will not subcontract with any subcontractor where the Consultant has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. D. The Consultant will certify that any vacant employment positions, including training positions that are filled (1) after the Consultant is selected but before the contract is executed, and (2) with persons other than those whom the regulations of 24 CFR part 135 require employment opportunities be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. E. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of the contract for default, and debarment or suspension from future HUD assisted contracts. XIII. Prohibition on the Use of Funds for Lobbying Activities. The Byrd Anti-Lobbying Amendment,31 U.S.C. 1352 prohibits recipients of federal contracts, awards, cooperative agreements, and loans from using appropriated funds to influence the Executive or Legislative Branches of the federal government in connection with a specific contract, award, cooperative agreement, loan, or any other award covered by §1352. 18 U.S.C. 1913 makes it a crime to use funds appropriated by Congress to influence members of Congress regarding congressional legislation or appropriations. Finally, the following are unallowable charges to award funds or cost sharing: certain electioneering activities, financial support for political parties, attempts to influence federal or state legislation either directly or through grass-roots lobbying, and some legislative liaison activities. Consultant shall execute the certification included herein as Exhibit "C" and include the certification in all subcontracts. IN WITNESS WHEREOF, the parties below have executed this Agreement. Page 9 of 10 Bremerton/Consor Quincy Square Rev. 04/2023 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 CITY: CONSULTANT: CITY OF BREMERTON Consor North America, Inc. DocuSigned by: DocuSigned by: 11/utt, Nt-rhl By: By: 0716DC61 B7F5450... BAr4evy� g 'Wheel e r Mike Hagerty Print Name: Print Name: Mayor Its: Its: District Mana e r 4/4/2U24 4/4/2024 Date: Date: APPROVED AS TO FORM: ATTEST: DocuSigned by: DocuSigned by: By: �; �� By: Liy ' bbu,C-V' Y CBE83 B+�.2. 24EL75 ... Kylie J. innell, :remerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev.04 2023.docx Page 10 of 10 Bremerton/Consor Quincy Square Rev. 04/2023 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 SCOPE OF WORK Project No. 315012: Quincy Square CONSTRUCTION MANAGEMENT & INSPECTION SERVICES CITY OF BREMERTON Project Background The 4th Street Project from Pacific Avenue to Washington Avenue was developed over the past several years by a grass roots consortium of active and interested citizens, professional groups, and developers. The vision for the block, honoring Quincy Jones, is to revitalize a long-neglected street into an active, housing-based, day-to-night urban center with focused arts, entertainment, and evening-centric retail spaces. The concept compliments and builds on the revitalization of downtown that has been happening block by block over the last two decades and will encourage increased density and housing in the downtown area. Key work includes new storm systems; new illumination, installation of numerous architectural features, removal of existing sidewalk and roadway, and installation of new concrete roadway and sidewalk including ADA-compliant curb ramps. The 4th street project has received funding through a Housing and Uban Development (HUD) grant and the construction contract will be administered in accordance with HUD requirements. The project design is complete and the City is working on securing a construction contractor with field construction expected to start in the spring of 2024. The City is contracting with Consor North America, Inc. (Consultant) to provide construction management and inspection services for the construction phase of the project. Project Summary Consultant will perform project management, contract administration, construction management, construction inspection, community engagement, and testing and special inspection for the Quincy Square Project. Project Assumptions The construction contract is anticipated to be executed in 2024 for project kick-off and critical submittal phase. Once illumination system components and bollard submittals are approved, a work suspension is anticipated until illumination components and other manufactured products are fabricated. For budgeting purposes, a project suspension period of 90 calendar days (approximately 12 weeks) and an active construction duration of 70 working days (approximately 14 weeks) has been assumed. Contract term for this scope of work shall extend to June 30, 2025. City of Bremerton CONSOR Construction Management and Inspection January 2024 Project No. 315012: Quincy Square DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 Scope of Services Consultant is proposing to perform the following services in relation to the City's Quincy Square Project. Task 1 - Project Management and Contract Administration Objective Provide overall leadership and team strategic guidance aligned with City staff objectives. Coordinate, monitor, and control the project resources to meet the technical, communication, and contractual obligations required for developing and implementing the project scope. Subtask 1.1 Project Coordination ■ Perform general administration and project management throughout the construction phase to ensure successful completion of all tasks and elements of the Project within the established scope, schedule, and budget. ■ Proactively track progress of project work completed against schedule & budget. ■ Inform the City of any anticipated challenges during the construction phase as they may arise and develop solutions together. Subtask 1.21nvoices/Status Reporting ■ Prepare monthly invoices, including expenditures by task, hours worked by project personnel, and other direct expenses with the associated backup documentation. ■ Monthly status reports to accompany each invoice and include comparisons of monthly expenditures and cumulative charges to budget by Task. Subtask 1.2 Assumptions ■ Assume ten (10) monthly invoices and status reports. Subtask 1.2 Deliverables ■ Consultant will deliver to the City a monthly invoice and status report covering: o Work on the project performed during the previous month o Issues encountered, and actions taken for their resolution o Potential impacts to submittal dates, budget shortfalls, or optional services o Construction schedule updates o Issues requiring project team action City of Bremerton CONSOR Construction Management and Inspection January 2024 Project No. 315012: Quincy Square DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 Subtask 1.3 Project Safety Plan Prepare a project specific safety plan for Consultant employees, to be used in conjunction with safety plans provided by the construction contractor. Subtask 1.3 Deliverables ■ Copy of project specific safety plan Task 2 — Construction Contract Administration and Closeout Objective Oversee construction phase activities as first point of contact for construction contractor. Coordinate with City staff and design team. Lead all project meetings and monitor project budget and schedule, quantities and quality of materials, and verify conformance with contract documents. Subtask 2.1 Pre-Construction Meeting Attend and participate in the Pre-Construction Meeting with up to Five (5) consultant team members in attendance. Prepare meeting agenda, run meeting, and issue meeting summary. Subtask 2.1 Assumptions ■ Five (5) consultant staff to attend Pre-Construction Meeting, four (4) in person and one (1) by video conference. Subtask 2.1 Deliverables ■ Meeting agenda and meeting minutes Subtask 2.2 Project and Weekly Construction Meetings Attend and lead project, weekly construction, and utility coordination meetings with up to two (2) consultant team members in attendance. Prepare meeting agenda for City's review and approval, run meeting, and issue meeting summary. Subtask 2.2 Assumptions ■ Two (2) consultant staff to attend. Construction Inspector attendance is covered in Task 3 and not included in this subtask. Assume 2 project meetings during the suspension period, 14 weekly meetings during active construction, and 2 utility coordination meetings. City of Bremerton CONSOR Construction Management and Inspection January 2024 Project No. 315012: Quincy Square DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 Subtask 2.2 Deliverables ■ Meeting agendas and meeting minutes Subtask 2.3 Construction Contract Administration Provide construction management and administration services to monitor that the project is completed according to the Contract Documents. Perform the following tasks. 1. Coordinate and communicate with City and construction contractor on a regular basis to discuss project issues and status. Develop and maintain an issue log to be reviewed at weekly meetings. 2. Issue change orders, including independent cost justifications, review force account tickets, minor change documentation, and maintain a change order log. 3. Issue field work directives and non-conformance reports. 4. Issue weekly statement of workdays (WSWDs) summarizing the work performed by the contractor and any unworkable days. 5. Assess contractor-submitted baseline schedule, schedule updates, and 3-week look ahead schedules for feasibility and conformance with the Contract. 6. Monitor overall project construction budget. 7. Maintain and manage material quantity and quality documentation, including setting up and maintenance of the Record of Materials (ROM), review of materials submittals, facilitating submittal and resubmittals with the contractor, review of material testing reports, and facilitating final approval of materials submittals with the City. 8. Facilitate technical interpretations of the plans, specifications, and Contract Documents, and evaluate requested deviations from the approved design and/or specifications. Coordinate with the City for resolution of issues involving scope, schedule, and/or budget changes. Subtask 2.3 Assumptions ■ Development of ROM anticipated at 40 hours. ■ Assume twenty-eight (28) WSWDs. ■ Assume five (5) change orders taking ten (10) hours per change orders to coordinate with City, FOR and contractor and draft change orders. ■ City will approve field work directives prior to execution City of Bremerton CONSOR Construction Management and Inspection January 2024 Project No. 315012: Quincy Square DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 Subtask 2.3 Deliverables ■ Change order documents for City review and approval. ■ Field work directives and non-conformance reports ■ Quality and quantity documentation ■ Record of Materials (ROM) ■ WSWDs ■ Change Order Log ■ Record of Force Account Analysis and Minor Changes Subtask 2.4 Monthly Progress Estimates Track quantities of materials installed monthly on pay note documents and draft progress estimates. Review estimates with the construction contractor prior to finalizing and submitting to the City for payment. Subtask 2.4 Assumptions ■ Six (6) monthly estimates are assumed. It is anticipated that two (2) monthly estimates will be required during the suspension period for material on hand (MOH) requests and that four (4) monthly estimates will be required during active construction and project closeout. Subtask 2.4 Deliverables ■ Quantity tracking spreadsheet ■ Monthly progress estimates with recommendation to pay Subtask 2.5 Shop Drawings, Submittals and RFls Prepare and maintain submittal log for approximately 75 submittals and/or shop drawings. Receive, log, distribute, and track submittal reviews and responses for project submittals. Prepare a submittal and documentation matrix for reference by contractor, FOR and construction management team. Prepare and maintain RFI log for 25 RFIs. Receive, log, distribute, and track RFIs and respond to construction contractor. Subtask 2.5 Assumptions ■ 75 shop drawings and submittals are assumed, with an average of two (2) hours per submittal. Assume 10 additional re-submittals. ■ 25 RFIs are assumed, with an average of two (2) hours per RFI. City of Bremerton CONSOR Construction Management and Inspection January 2024 Project No. 315012: Quincy Square DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 Subtask 2.5 Deliverables ■ Updated Submittal Log ■ Reviewed submittals and shop drawings returned to construction contractor ■ Updated RFI Log ■ Reviewed RFI responses to construction contractor Subtask 2.6 Labor Compliance Lead all labor compliance monitoring including the following tasks. 1. Track and file statements of intent to pay prevailing wages (Intent) and affidavit of paid wages (Affidavit). 2. Review and approve Request to Sublets (RTS). 3. Collect and review certified payroll and work with contractor and subcontractors to resolve deficiencies. 4. Coordinate wage rate interviews with construction inspector and contractors. 5. Oversee contractor Section 3 compliance and reporting, including subcontract review, utilization reports. Subtask 2.6 Assumptions ■ 15 Request to Sublets are assumed, with an average of one and half (1.5) hours per request. Subtask 2.6 Deliverables ■ Requests to Sublet filed ■ Intents and Affidavits filed ■ Certified payroll filed ■ Wage rate interviews filed ■ Section 3 Documentation filed Subtask 2.7 Project Closeout Consultant will lead the close-out phase to document completion of the project and adherence to City requirements. Consultant will provide complete project files to the City and perform the following duties to assist with project close-out. Substantial Completion/Punch List: Upon substantial completion of work, Construction Management team will coordination with the City and Contractor will develop and provide a punch list of any outstanding items and coordinate completion with contractor. City of Bremerton CONSOR Construction Management and Inspection January 2024 Project No. 315012: Quincy Square DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 As-Built Drawings: Construction Inspector will confirm that the contractor is maintaining a set of "Record Drawings" Project Closeout: Transfer project documentation to the City for permanent storage. Provide a thumb drive or other electronic transfer method with all electronic documents and pictures. Subtask 2.7 Assumptions ■ Project Closeout Documentation will be done electronically. Paper copies will not be required. Subtask 2.7 Deliverables ■ Punch list ■ Project Closeout Documents (Project documentation files including Electronic documents and pictures on a thumb drive). Task 3 — Construction Inspection Objective Provide full-time construction inspection to observe construction, monitor the work by the construction contractor, and document that the work is in general compliance with the requirements of the Contract Documents.The Construction Inspector is to act as the City's on-site representative, is responsible for routine interfacing with the construction contractor and stakeholders, and is to observe the construction contractor's operations and work. Subtask 3.1 Construction Inspection The Construction Inspector's activities, in general, will include the following tasks. 1. Attend pre-construction conference, project, and weekly progress meetings. 2. Establish pre-construction site conditions using photo and video log of sites. 3. Observe/inspect the contractor's activities, operations, and work and document the contractor's work is in general compliance with the requirements of the contract documents. Observations will be completed on the standard WSDOT daily report form unless specified differently by the City, include recording the contractor's operations as observed by Consultant, contractor's equipment and crews, daily photographs (with locations), and other pertinent information. 4. Monitor the contractor's progress with respect to planned/scheduled work. 5. Document contractors and subcontractors working onsite and conduct wage rate interviews for all contractors, contractor and sub-contractors. City of Bremerton CONSOR Construction Management and Inspection January 2024 Project No. 315012: Quincy Square DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 6. Document the contractor's construction activities (preparation of daily reports, photographs, etc.). 7. Create field note records of bid item work performed. 8. Verify and document that traffic control is per accepted traffic control plans when on-site. 9. Verify and document business and apartment access during construction per accepted construction staging plan. 10. Keep Construction Manager and City informed of project progress, issues, and developments. 11. Review minor change requests by the contractor. 12. Coordinate, observe, and document material testing and special inspection 13. Utility coordination with stakeholders 14. Monitor contractor compliance with the City's NPDES permit on the Project. Including generating City erosion control reports and uploading to GIS. 15. Track force account labor and equipment/materials; issue force account sheets for additional payment when required. 16. Maintain field construction records. 17. Maintain photo log Subtask 3.1 Assumptions ■ Inspection hours estimated at 40 hours per week for 14 weeks (70 working days), which includes attendance at all project meetings, and 70 hours of overtime, as needed, to match contractor work hours or provide additional public outreach/coordination. ■ Contractor will work normal 40-hour work weeks. For this project, the "normal" work week may occur at night. ■ 3 site visits at 8 hours per visit will be required for MOH requests during the suspension period. Subtask 3.1 Deliverables ■ Daily progress reports, photos, force account documentation ■ Monthly Field Quantity Notes ■ Contractor and sub-contractors wage rate interviews ■ Daily on-site contractor and sub-contractors list City of Bremerton CONSOR Construction Management and Inspection January 2024 Project No. 315012: Quincy Square DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 Task 4—Construction Communications and Outreach Objective Provide construction communications and outreach support to ensure the community is informed and to minimize impacts to local businesses, residents and stakeholders. Subtask 4.1 Construction Communications and Outreach Perform the following tasks. 1. Prepare a construction communications and outreach plan. 2. Prepare fact sheets, flyers and other materials. 3. Prepare custom construction signage and graphics. 4. Draft social media posts. 5. Support city's attendance at local events with materials and graphics. 6. Support development of onsite kiosk. 7. Support door-to-door outreach with materials. 8. Provide construction schedule and sequencing content to project website. 9. Set up and maintain database to track all interactions with the public. Subtask 4.1 Assumptions ■ The city will staff events, the kiosk, and door-to-door outreach. ■ Assume one (1) original fact sheet and two (2) updates. ■ Assume seven (7) flyers. ■ Assume fifteen (15) social media posts. ■ Assume five (5) website updates. Subtask 4.1 Deliverables ■ Communications and outreach plan ■ Fact sheets ■ Flyers ■ Signage and graphics ■ Website updates ■ Database reports City of Bremerton CONSOR Construction Management and Inspection January 2024 Project No. 315012: Quincy Square DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 Task 5 —Testing and Special Inspection Services During Construction Objective Work under this task includes material testing and special inspection services in accordance with Project requirements. Subtask 5.1 Material Testing and Special Inspections Consultant will assist the City in developing a quality assurance program. Consultant will provide material testing and special inspection. Subtask 5.1 Assumptions ■ Testing level of effort based on assumptions included in Materials Testing and Consulting Inc. (MTC) quote (attached). Subtask 5.1 Deliverables ■ Material test and special inspection test reports Proposed Material Testing and Special Inspection Firm ■ Materials Testing and Consulting— Material Testing and Special Inspection Proposed Project Fee Estimate Consultant proposes to perform this work on a time and expenses basis with a total not to exceed amount of $ 372,195.23.The proposed fee estimate is provided as "Exhibit B." Fee estimates are based upon Consultant's approved indirect overhead rates.This includes a Management Reserve of $25,000 and additional expenses billed as other direct costs for printing, mailers, etc. City of Bremerton CONSOR Construction Management and Inspection January 2024 Project No. 315012: Quincy Square DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 Exhibit "B" Consultant Fee Determination -Summary Sheet Negotiated Fee City of Bremerton Project No.4538: CM -Quincy Square Task Description: Consultant Fee Determination Consultant: Consor Code Classification Man Hours LABOR Hours Rate Dollars Construction Manager VIII (Hagerty) 11 x $99.96 = 1,099.56 Construction Manager V (M Warren) 539 x $62.75 = 33,822.25 Construction Manager VI (A Randolph) 4 x $72.11 = 288.44 Inspector IV(Hawkins) 674 x $44.00 = 29,656.00 Technician III (Ramos) 208 x $41.25 = 8,580.00 Technician III (S Raman) 219 x $38.00 = 8,322.00 Principal I (C Hoffman) 55 x $88.94 = 4,891.70 Project Manager I (N Thai) 55 x $56.25 = 3,093.75 Coordinator IV(M Porter) 35 x $43.09 = 1,508.15 Project Coordinator III (Z Wang) 75 x $38.46 = 2,884.50 Administrative III (Gillis) 14 x $36.06 = 504.84 Total Hours 1,889 Total DSC = 94,651.19 Overhead (OH Cost-- including Salary Additives) OH Rate x DSC of 194.22% x $ 94,651.19 = 183,831.54 Negotiated Fee (NF): NF Rate x DSC of 31.25% x $ 94,651.19 = 29,578.50 Rei mbu rsab les Itemized Quantity Units Rate In Scope Mileage 7,000 each @ $0.655 = 4,585.00 Management Reserve 25,000.00 Reimbursables Total 29,585.00 Consor Subtotal 337,646.23 Material Testing and Special Inspection Costs(Direct Expense) MTC 34,549.00 Grand Total 372,195.23 Prepared By: Mike Hagerty Date: December 11, 2023 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 Project No.4538:CM-Quincy Square City of Bremerton PROPOSED FEE ESTIMATE LABOR CLASSIFICATION HOURS 1- Subsonsukams Construction Construction Construction Project Project Coordinator Subconsultant Total with Expenses and Manager VIII Manager V Manager VI Inspector IV Technician Ill Technician III Principal I Project Manager I Coordinator IV III Administrative „ Profit MTC Markup Mileage Total $62.75 $72.11 $44.00 $41 $38 $89 $56 $43 Average Billing Rate Estimated per Classification/Staff 99.96 $62.75 $72.11 $44.00 $41 $38 $89 $56 $43 Staff Name WarrenMar Randal.hAnd Hawki nsRic RamosHei RamanSuc HoffmanChr ThaiNan PorterMel - -'& Task 1- Protect Management and Contract Administration Task 1.1- Proiect Coordination $ 3,669 $ 590 $ - $ - $ 6,148 Tact 1.2- Invoices/Status Reporting $ 2,199 $ 354 $ - $ - $ 3,685 Task 1.3- Prolect Safety Plan $ 316 $ 51 $ - $ - $ 530 Task l Subtotal --_� $ 6,184 $ 995 $ - $ - $ - $ ria l Task 2- Construction Contract Administration and closeout Task 2.1- Pre-Construction Meeting 16 4 4 4 2 30 $ 1,811 $ 3,518 $ 566 $ - $ - $ 5,895 Task 2.2- Project and Weekly Construction Meetings $ 13,387 $ 2,154 $ - $ 917 $ 23,351 Task 2.3- Construction Contract Administration $ 26,816 $ 4,315 $ - $ - $ 44,938 Task2.4- Monthly ProgressEdlmates 26 24 24 74 $ 3,534 $ 6,863 $ 1,104 $ - $ - $ 11,500 Task 2.5- Shop Drawings,Submittals and RFIs $ 30,871 $ 4,967 $ - $ - $ 51,733 Tack 2.6- Labor Compliance $ 8,355 $ 1,344 $ - $ - $ 14,002 Task 2.7- Project Closeout 40 40 40 120 $ 5,680 $ 11,032 $ 1,775 $ - $ - $ 18,487 Task Subtotal 0 S.23 4 4 208 Mil $ 100,842 $ 16,225 $ - $ - $ 917 $ 169,906 Tacit 3- Construction Inspection Task 3.1- Construction Inspection 670 I 670 $ 29,480 $ 57,256 $ 9,213 $ - $ 3,668 $ 99,617 Task Subtotal 0 0 0 676 0 11 0 0 11 0 i i i tr I: $ 57,256 $ 9,213 $ - $ - $ 3,668 $ 99" I Tacit 4- Construction Communications and Outreach Task 4.1- Materials(flyers,fact sheets) 3 30 15 as $ 2,601 $ 5,051 $ 813 $ - $ - $ 8,464 Task 4.2- Sign age $ 2,521 $ 406 $ - $ - $ 4,224 Ts*4.3- Social Media $ 2,403 $ 387 $ - $ - $ 4,026 Task4.4- Kiosk/Office hours 5 15 20 $ 1,288 $ 2,502 $ 403 $ - $ - $ 4,194 Task4.5- Events $ 2,703 $ 435 $ - $ - $ 4,530 Task 4.6- Webete content $ 1,934 $ 319 $ - $ - $ 3,325 Task4.7- Contact database 3 25 28 $ 1,228 $ 2,38E $ 384 $ - $ - $ 3,998 Task Subtotal 0 0 0 0 0 0 29 55 ,d,, $ 19,556 $ 3,146 $ - $ - $ - $ nC<,I Task 5- Testing and Special Inspection Serrlces During Construction Task 5.1- Material Testing and Special Inspections - - $ 34,549 $ 34,549 $ - $ 34,549 Task5 Subtotal $ - $ - $ 34,543 $ 34,549 $ - $ 34,549 Task 6- Mana gem ent Reserve Test 6.1- Management Reserve - - - $ - $ 25.000 Task 6 Subtotal r $ - $ - $ - $ - $ - $ 25000 MirTOTAL-ALL TASKS 11 539 4 674 208 -•- • I 1389 $ 94 651 $ 34549 $ 34549 $ 4585 $ 372 2.95 City of are-nett n, Project No.4538:Quincy Squaw Septernber 232_, Canaor Page 1 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 1111111e �,' Il,il.Iii ■dill MATERIALS TESTING&CONSULTING, INC. Date: December 28, 2023 Client Name: Bremerton Public Works& Utilities Contact: Mike Hagerty, PE Address: 100 Oyster Bay Avenue North, Bremerton, WA 98312 Phone: 925.200.9898 Email: Mike Hagerty<Mike.Hagerty@consoreng.com> Geotech of Record: NA Architect: Rice Fergus Miller Based on Plans Dated: review set 100% (reduced) Project Name: QUINCY SQUARE-PACIFICAVENUE TO WASHINGTON AVENUE, BREMERTON, WA Materials Testing&Consulting,Inc. (MTC)thanks you for the opportunity,and respectfully submits the following proposal to provide materials testing and special inspection services during construction of the above-referenced project. Combined with our past experience with projects of similar size and scope,we estimate the total cost of our services for this project to be: Special& Construction Inspection Bill Code Item/Description Unit Quantity Rate Total Utility Trench Compaction includes structures and will overlap Hour 40 $ 90.00 $ 3,600.00 with hours below IPDS Site Subgrade&Rock Course Compaction for all Hardscaped Hour 80 $ 90.00 $ 7,200.00 IPDS Areas-includes T-probes,Proof rolls etc. IPDA Asphalt Paving Hour 10 $ 90.00 $ 900.00 SAMPU Sample Pickup if Required(Allowance) Hour 12 $ 90.00 $ 1,080.00 Concrete Sampling and Testing-includes all CIP concrete, Hour 120 $ 95.00 $ 11,400.00 RC driveways,walkways, etc estimating 20+placements PA Epoxy&Expansion Anchors Allowance Hour 12 $ 95.00 $ 1,140.00 Subtotal - Special & Construction Inspection: $ 25,320.00 Laboratory Testing Allik Bill Code Item/Description Unit Quantity Rate Total PROC Moisture Density Relationship/Proctor with Sieve Each 6 $358.00 $ 2,148.00 Sieve Analysis with#200 Wash/Combined Gradation(concrete Each 2 $ 171.00 $ 342.00 COMB agg) SE Sand Equivalent Each 3 $ 132.00 $ 396.00 FRAC Fracture Percentage Each 2 $ 92.00 $ 184.00 UVC Uncompacted Void Content Each 1 $ 198.00 $ 198.00 EXT Asphalt Extraction with Gradation Each 1 $376.00 $ 376.00 RICE Rice Density Each 1 $ 125.00 $ 125.00 Concrete Compression Test Cylinders-4"x 8"-includes field Each 125 $ 30.00 $ 3,750.00 CONC cures and early breaks Subtotal - Laboratory Testing: $ 7,519.00 Project Management& Consulting Services Bill Code Item/Description Unit Quantity Rate Total PM- STR Project Management Hour 18 $ 95.00 $ 1,710.00 Subtotal-Project Management& Consulting Services: $ 1,710.00 Budget Estimate for Services -Total: $ 34,549.00 Environmental •Geotechnical Engineering • Special Inspection •Non-Destructive Testing •Materials Testing Burlington • Olympia • Bellingham • Silverdale • Tukwila p: 360.755.1990 • f:360.755.1980 • www.mtc-inc.net Page 1 of 2 DocuSign Envelope ID:9C609F28-DODE-4D8&9005-F21172185905 an MATERIALS TESTING&CONSULTING,INC. Date: December 28, 2023 Client Name: Bremerton Public Works& Utilities Contact: Mike Hagerty,PE Address: 100 Oyster Bay Avenue North,Bremerton, WA 98312 Phone: 925.200.9898 Email: Mike Hagerty <Mike.Hagerty@consoreng.com> Geotech of Record: NA Architect: Rice Fergus Miller Based on Plans Dated: review set 100% (reduced) Project Name: QUINCY SQUARE-PACIFICAVENUE TO WASHINGTON AVENUE, BREMERTON, WA • Soils inspection and testing services are proposed to measure compliance with project documents,including drawings, specifications and the recommendation of the soils report.In the event that a test or tests fail to meet the soils report's recommendations or if project conditions differ from approved project documents,it shall be referred to the Geotechnical Engineer of Record for resolution. • Prices are subject to change if this agreement is not executed within 90 days from the date of the bid. • All services will be provided on a time and materials basis. The total is an estimate and the actual construction cost will be based on the project schedule and sequencing.The estimate is not a guaranteed price. A four hour minimum charge applies to all work perfonned,billing is also based on a portal to portal basis.A premium rate of 1.5 times the regular rate will be charge for overtime which is over 8 hours daily,any Saturday work and 2 times the regular charge for Sundays and holidays. • MTC will utilize the laboratory based closest to the project site.MTC offers additional services upon request which will be billed at our regular fee schedule. Acceptance of this proposal will constitute agreement to MTC standard general terms and conditions. • Invoices are due and payable upon receipt. Any invoice not paid within thirty(30)days of the date rendered may be assessed a finance charge of one-and-one-half (1%%)percent per month,for each month beyond thirty(30)days past due. Invoices not paid within sixty(60)days of the date rendered may result in MTC stopping work until such invoices are paid in full. Invoices not paid within ninety(90)days of the date rendered may be referred to an independent company for collection. Client will be responsible for all expenses incurred by MTC for the collection of any unpaid invoice(s),including collection fees, actual attorneys'fees,and costs for legal counsel as stated in RCW 19.16.250.21. Furthermore,Client acknowledges that MTC may elect to withhold a Final Letter of Compliance for the project,and/or place a lien on any real property until all outstanding invoices and/or fees have been paid in full. • As a mutual protection to clients,the public and ourselves, all reports are submitted as the confidential property of clients,and authorization for publication of statements, conclusions or extracts from or regarding our reports is reserved pending our written approval. • In closing,our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our local staff and vast experience on projects of similar size and scope make MTC the clear team member of choice for this project. We look forward to working with you. L.) oocuSigned�,by: Respectfully Submitted, 0u RQCMnQsvPsprsi Client Authorized Signature Pie Greg Wheeler Mayor 4/4/2024 Deane Ramsdeell 360-508-6336 Printed Name& Title Date dhn1 mtc-inc.net Environmental • Geotechnical Engineering • Special Inspection• Non-Destructive Testing • Materials Testing Burlington • Olympia • Bellingham • Silverdale • Tukwila p: 360.755.1990 • f: 360.755.1980 • www.mtc-inc.net Page 2 of 2 DocuSign Envelope ID:9C609F28-DODE-4D8B-9005-F21172185905 Exhibit "C" Anti-Lobbying Certification Mike Hagerty Consor North America, Inc. hereby certify on behalf of that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress of an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for make or entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails to file the required certifications shall be subject to a civil penalty of not less than $10,000 for each such failure. ©ocuSigned by:ik A-Matti District Manager 4/4/2024 0716E}GS-B-7-R 0... Signature, Title, Date ,AC D CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `....--"" 12/31/2024 3/5/2024 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). CONT PRODUCER Lockton Companies NAMEACT Three City Place Drive,Suite 900 PHONE I FAX St.Louis MO 63141-7081 E-MAIL° I)' (ac.No): (314)432-0500 ADDRESS: midwestcertificates@lockton.com INSURERS)AFFORDING COVERAGE NAIC# INSURER A:The Continental Casualty Company 20443 INSURED Consor North America Inc. INSURER B:Great American Insurance Company 16691 1407115 155 North Wacker Dr,Ste 4150 ,INSURER C:National Fire Insurance Co of Hartford 20478 Chicago IL 60606 I INSURER D:AXIS Surplus Insurance Company_ 26620 I INSURER E:Travelers Property Casualty Company of America 25674 - INSURER F: COVERAGES CERTIFICATE NUMBER: 20347702 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDL SUBRI ' POLICY EFF POLICY EXP LIMITS LTR INOO.MD POLICY NUMBER I'MM/DD/YYYYL IMMIDDIYYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1.000,000 A .X Y Y 7036360752 12/31/2023 12/31/2024 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ma occurrence) $ 1,000.000 .. _ MED EXP(Any one person) $ 15.000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X :POLICY PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY y y 7036360766 12/31/2023 12/31/2024 COMBINED SINGLE LIMIT $ (Ea accident) 2.000.000 x ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED - SCHEDULED BODILY INJURY(Per accident) $ _,AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY „AUTOS ONLY (Per accident) I $ XXXX�C�X B UMBRELLA LIAB X OCCUR N N TUE 3274463 04 12/31/2023 12/31/2024 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I RETENTION$ $ XXXXXXX WORKERS COMPENSATION N 7036465081(AOS) 12/31/2023 12/31/2024 X i STATUTE ERPER H C AND EMPLOYERS'LIABILITY C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 7036441749 CA) 12/31/2023 12/31/2024 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N 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 D Professional& N N EBZ634816/01/2023 12/31/2023 12/31/2024 $10,000,000 per Claim Environmental Liab. $10,000,000 Aggregate E Excess Liab. EX-6X767086-23-NF 12/31/2023 112/31/2024 Deductible:$500,000 $5M occ/aggr DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE:Quincy Square on Fourth Street Construction Management Services Project No.C232060WA.00.*See page 2* CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20347702 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street,Suite 600 Bremerton WA 98337 AUTHORIZED REPRESENTATI ow ©1988-2 CORD CORPORATI N. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS(Use only if more space is required) City of Bremerton is included as additional insured on a Primary and Non-contributory basis if required by written contract with respect to General Liability and Automobile Liability per the terms and conditions of the policy.A waiver of subrogation applies in favor of City of Bremerton if required by written contract with respect to General Liability and Automobile Liability per the terms and conditions of the policy where permitted by state law.A 30-day notice of cancellation is included if required by written contract with respect to General Liability and Automobile Liability per the terms and conditions of the policy. ACORD 25(2016/03) Certificate Holder ID:20347702 Attachment Code:D545910 Master ID: 1407115,Certificate ID:20347702 LOCKTON City of Bremerton 345 6th Street, Suite 600 Bremerton WA 98337 To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 20347702. 'Email: STL-edelivery@lockton.com 'Phone: (866) 728-5657 (toll-free) If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox is for providing e-Delivery email addresses for next year's renewal certificates ONLY. Your information will be input within 90 days. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Companies Lockton Companies Three C'ityPlace Dr. Suite 900/St. Louis. MO 63141-7088 314-432-0500/lockton.com AttaLlat 17673( itifiL ttc 1D.20347702 CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 1001 edition of CG2037; or B. additional insured coverage with"arising out of"language;or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. Ill. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. • IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part CNA75079XX(10-16) Policy No: 7036360752 Page 1 of 2 CONTINENTAL CASUALTY COMPANY Effective Date: 12/31/2023 Insured Name: Consor Holdings, LLC Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. AttarFICARIA 76/3 C'ertiiic 31e ill:20347/ill. CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsemen Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Endorsement No. CNA75079XX(10-16) Policy No: 7036360752 Page 2 of 2 CONTINENTAL CASUALTY COMPANY Effective Date: 12/31/2023 Insured Name: Consor Holdings, LLC Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Attachment Code:D617132 Certificate ID:20347702 CNA Business Auto Policy Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization Per schedule on file with company. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Endorsement No: CNA71527XX(10-2012) Policy No.7036360766 Endorsement Effective Date: 12/31/2023 Endorsement Expiration Date: 12/31/2024 Policy Effective Date: 12/31/2023 Insured Name: Consor Holdings,LLC Underwriting Company: Continental Casualty Company ®Copyright CNA All Rights Reserved. AiachtrC 17134 Certificate ID:20347702 CNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary,this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. the additional insured is a named insured under such other insurance;and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74987XX(1-15) Policy No: 7036360752 Page 1 of 1 Endorsement No: 13 CONTINENTAL CASUALTY COMPANY Effective Date:12/31/2023 Insured Name: CONSOR HOLDINGS LLC Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Attacfu i 17 163 Cr! MU sic ID.20347702 CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION FOR WHO OF WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. (Information required to complete this Schedule, if not shown above,will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above,the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX(10-16) Policy No: 7036360752 Page 1 of 1 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 12/31/2023 Insured Name: CONSOR HOLDINGS LLC Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Attachment Code:D617675 Certificate ID:20347702 CNA CNA PARAMOUNT Policy Holder Notice - Countrywide It is understood and agreed that: If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed,then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 0 0 2 0 0 0 1 6 0 0 1 6 4 6 Endorsement No.CNA750140(1-15) Policy No: 7036360752 Page 1 of 1 CONTINENTAL CASUALTY COMPANY Effective Date: 12/31/2023 Insured Name: CONSOR HOLDINGS LLC Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Attachment Code:D617164 Certificate ID:20347702 CNA Business Auto Policy Policy Endorsement IWAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROG ' - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CONSOR HOLDINGS LLC. Endorsement Effective Date: 12/31/2023 FS-CHEDULE Name(s)Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OF WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s)or organization(s)shown in the Schedule, but only to the extent that subrogation is waived prior to the"accident" or the"loss" under a contract with that person or organization. Form No:CA 04 44 10 13 Policy No: 7036360766 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2023 Endorsement No:24;Page:1 of 1 Policy Page: of Underwriting Company: Continental Casualty Company, 151 N Franklin St,Chicago,IL 60606 Attachment Code:D621091 Certificate ID:20347702 CNA Business Auto Policy Policy Endorsement NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: o + If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium,then notice'of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed,then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged This endorsement,which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date)is shown below, and expires concurrently with said policy. Endorsement No:CNA68021XX(02-2013) Policy No:7036360766 Endorsement Expiration Date: 12/31/2024 Endorsement Effective Date:12/31/2023 Endorsement No:Page: 1 of 1 Insured name:Consor Holdings,LLC Underwriting Company:Continental Casualty Company,151 N Franklin St,Chicago,IL 60606 ©Copyright CNA All Rights Reserved.