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HomeMy WebLinkAbout6787 Docusign Envelope ID:7066C980-4C56-4D5E-9249-831A76FF237D PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Vertex Contracting LLC ("Contractor"), whose mailing address is 24503 NE 162nd Ave, Battleground, WA 98604. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: The Work consists of fabricating and installing Wayfinding signage in the City of Bremerton pursuant to the attached scope of work(Exhibit "A") 2. TIME OF COMPLETION. Contractor shall complete the work within 120 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $97,308.00. Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458- 20-171 and its related rules for the work contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of ten percent (10%)of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal City of Bremerton September 2024 Wayfinding Signage Project Contract Documents Docusign Envelope ID:7066C980-4C56-4D5E-9249-831A76FF237D costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to sub- contractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on the bid opening date. The Kitsap County rates are available at the Department of Labor and Industries website. City of Bremerton September 2024 Wayfinding Signage Project Contract Documents Docusign Envelope ID:7066C980-4C56-4D5E-9249-831A76FF237D 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines,for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2)business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. City of Bremerton September 2024 Wayfinding Signage Project Contract Documents Docusign Envelope ID:7066C980-4C56-4D5E-9249-831A76FF237D B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3)not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (Including directions, instructions, interpretations, and determination). F. Liens. In the event that there are any liens on file against the City of Bremerton, the City of Bremerton shall be entitled to withhold final or progress payments to the extent deemed necessary by the City of Bremerton to properly protect the outstanding lien claimants until proper releases have been filed with the City Clerk 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if(and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven(7)calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLE 1E, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. City of Bremerton September 2024 Wayfinding Signage Project Contract Documents Docusign Envelope ID:7066C980-4C56-4D5E-9249-831A76FF237D 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, 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 injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and City of Bremerton September 2024 Wayfinding Signage Project Contract Documents Docusign Envelope ID:7066C980-4C56-4D5E-9249-831A76FF237D B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 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); and C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and B. 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 Contractor. The City,its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's 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 reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor's responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. The Contractor 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. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement,the Contractor,its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age City of Bremerton September 2024 Wayfinding Signage Project Contract Documents Docusign Envelope ID:7066C980-4C56-4D5E-9249-831A76FF237D (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. B. 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. C. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor 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. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. F. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement,unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. City of Bremerton September 2024 Wayfinding Signage Project Contract Documents Docusign Envelope ID:7066C980-4C56-4D5E-9249-831A76FF237D J. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. M. Mutually Bound. Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner. N. Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Signed by: Signed by: AUVIC. CLASOIA, okm,thA, 9844 0.40C424A3... bAF4w9bEEEf4lb... Print Name: Mark Charlson Print Name: Greg Wheeler Title:Owner Title: Mayor DATE 11/12/2024 DATE 11/12/2024 City of Bremerton September 2024 Wayfinding Signage Project Contract Documents Docusign Envelope ID:7066C980-4C56-4D5E-9249-831A76FF237D Exhibit "A" SCOPE OF WORK AND PROJECT REQUIREMENTS This section describes the work,quality control requirements,measurement and payment,schedule requirements,project constraints,administrative requirements, and coordination required to complete this project. 1) SUMMARY OF WORK. The Work consists of fabricating and installing Wayfinding signage in the City of Bremerton. The Wayfinding signage is to be installed in various locations in the Downtown,Manette,and Charleston neighborhoods. Signs are to be installed on existing fixtures or new posts as detailed in the contract plans. Work includes sign fabrication, coring concrete and/or HMA,setting posts and sleeves, installation of the signs,clearing tree limbs for visibility of the new signage,and temporary traffic control all in accordance with these Contract Provisions and the latest edition of the WSDOT/APWA Standard Specifications as noted. 2) PROIECT DESCRIPTION BY TASK: Minor Change: Payments or credits for changes may be made under the task item"Minor Change". At the discretion of the Contracting Agency,this procedure may be used in lieu of the more formal procedure as outlined in Section 1-04.4, Changes, of the 2023 WSDOT/APWA Standard Specifications. All"Minor Change"will be within the scope of the Contract Work and will not change Contract Time. Mobilization: Will be in accordance with the Washington State Department of Transportation (WSDOT) Standard Specifications Section 1-09.7, "Mobilization". Project Temporary Traffic Control: Development of a Temporary Traffic Control Plan shall be the responsibility of the Contractor. Costs for the Temporary Traffic Control Plan shall be included in the lump sum costs for"Project Temporary Traffic Control".Applicable WSDOT Standard Plans are acceptable for the Contractors use in developing this Plan.The Project Temporary Traffic Control Plan shall meet all applicable requirements of the City of Bremerton's Municipal Code 11.02.200, Engineering Design and Construction Standards for roadways,bicycle and pedestrian facilities,including curb ramps,signalization,signage and other means necessary to maintain safety and access around and through the work area.The Contractor shall submit a project-specific Temporary Traffic Control Plan for the Engineer's review five working days prior to the Preconstruction Meeting. The Engineer shall review the Plan and at the Preconstruction Meeting give written approval or discuss the revisions required.Subsequent reviews or revisions,if required,shall be accomplished by the Engineer within 5 working days after submittal. No work shall be undertaken until the Contractor has written approval of the Temporary Traffic Control Plan. Clearing and Grubbing: The existing and new sign installation locations are to be as visible as possible. This bid item includes trimming and removing all vegetation limiting that visibility. A sight triangle using 150 feet approaching the sign will be utilized to aid in determining the limits of trimming. Trimming will be up to a minimum of 5 feet directly around the signage. All vegetation trimmed will be removed and disposed of by the Contractor. City of Bremerton September 2024 Wayfinding Signage Project Contract Documents Docusign Envelope ID:7066C980-4C56-4D5E-9249-831A76FF237D Permanent Signingi Signs shall be manufactured and installed in accordance with the plans,the current edition of the Washington State Sign Fabrication Manual of the Department of Transportation,and the Manual on Uniform Traffic Control Devices,and all provisions of Section 9-28 (Signing Materials and Fabrication). Typical sign installation shall be as shown on the contract plans and City of Bremerton Design and Construction Standards and Specifications Detail 3251. In all sign installations,the heavy-duty anchor is to be used. 3) MEASUREMENT AND PAYMENT. Following is a description of the measurement and payment for each task. For all items,the Contractor shall provide all labor, equipment,and materials to provide a complete work as described in these Contract Documents. a) Minor Change: Force Account is included in the bid to pay for extra work as determined by the CITY or due to differing site conditions that result in extra work. The CITY is the final determiner of whether an item of work is extra work above and beyond the contractual work. All determinations must be made in writing;verbal authorization will not be accepted. Force Account will be determined on a case-by-case basis. b) Mobilization (lump sum): The lump sum Contract price for this task shall be in accordance with the Washington State Department of Transportation (WSDOT) Standard Specifications Section 1-09.7, "Mobilization".. c) Project Temporary Traffic Control (Lump Sum): The lump sum Contract unit price for this task shall be full pay to perform the work,including but not limited to preparation and submitting the temporary traffic control plan and implementing that plan. d) Clearing and Grubbing (lump sum): The lump sum Contract unit price for this task shall be full pay to perform the work,including but not limited to trimming vegetation including limbing trees,and removing and disposing of those trimmings and limbs to the satisfaction of the Engineer. e) Signage-various types (each): The Contract unit price for these items shall be full pay to perform the work,including but not limited to fabrication of the signage,mock-ups and test panels as detailed in the plans,blanks/spares,fasteners,hardware,and installation of the signs. f) 3" Diameter Posts (each): The contract unit price for this item shall be full pay to perform the work,including but not limited to the post,post cap, painting and/or preparation of the post per the contract plans, coring the pavement,installation of the anchor in concrete,setting the sleeve and installation of the posts. 4) SCHEDULE. CONSTRAINTS.AND COORDINATION a) The Work must be substantially completed within 120 calendar days of issuance of the Notice to Proceed for the Work with 90 days for the procurement and fabrication of the sign and 30 days for the installation of the signage. However,should unsuitable weather prevent satisfactory and timely completion of the Work,the Engineer shall suspend Work until the weather permits the Work to continue. City of Bremerton September 2024 Wayfinding Signage Project Contract Documents Docusign Envelope ID:7066C980-4C56-4D5E-9249-831A76FF237D b) The Contractor is solely responsible for site safety in accordance with local,state,and federal safety requirements. c) Clean the sites of all construction debris and restore the work area upon completion. d) Hours of work shall be within 7 a.m.to 5 p.m., Monday through Friday, unless a different schedule is agreed upon in writing with the CITY. e) Provide technical submittals and SDS for all products to be used for the Work. f) The following submittals are required for the project: i) Schedule of completion using Microsoft Excel or Microsoft Project. ii) Contact list for project team including email, cell #,and office#. iii) Contractor's Labor and Classification Rates based on the prevailing wage rate. iv) Safety and Spill prevention control plan v) Additional submittals as needed for any minor change work. g) An initial meeting (pre-construction) will be scheduled to talk through the work and go over the schedule. The City will schedule this meeting at City offices. Additional meetings will likely be at the project site. h) The Contractor is responsible for securing all equipment and materials at each site to prevent theft and vandalism. END OF SCOPE OF WORK AND PROJECT REQUIREMENTS (__pages) City of Bremerton September 2024 Wayfinding Signage Project Contract Documents Docusign Envelope ID:7066C980-4C56-4D5E-9249-831A76FF237D ® DATE(MM/DD/YYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE � --� 10/28/2024 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: Dillon Knaff Washington First Insurance (AO NNo,Ext): (360)723-0812 FAX No): E-MAIL 109 SW 1st Street,Suite 168 ADDRESS: dillon@walst.com INSURER(S)AFFORDING COVERAGE NAIC# Battle Ground WA 98604 INSURER A: Scottsdale Insurance Company 41297 INSURED INSURER B: UNITED FNCL CAS CO 11770 Vertex Contracting,LLC INSURER C: 24503 NE 162nd Ave INSURER D: INSURER E: Battle Ground WA 98604 INSURER F: 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 AUUL DUCK POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 UHMHIit I U KtN I tU CLAIMS-MADE 7OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 — A Y Y CPS7966908 03/27/2024 03/27/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 KPOLICY n jECT n LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 _ (Ea accident) x ANY AUTO BODILY INJURY(Per person) $ B OWNED -SCHEDULED AUTOS ONLY AUTOS 00401955-0 03/16/2024 03/16/2025 BODILY INJURY(Per accident) $ -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 x STATUTE ER A AY/N NYIPROPRIETOR/PARTNER/EXECUTIVE ROPRIEtOER/PARTNER E ECUTIVE -i N/A E.L.EACH ACCIDENT $ 1,000,000 I I WA Stop Gap-CPS7966908 09/12/2024 03/27/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 Rented and Leased Equipment Coverage CPS7966908 03/27/2024 03/27/2025 $90,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Coverage is per policy language. The City of Bremerton,its officials,employees,agents and volunteers are named additional insured as respects work performed by or on behalf of the Contractor per the written contract.Insurance is primary and non-contributory and waiver of subrogation applies.See attached endorsement GLS-571. 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 St.,Ste.100 AUTHORIZED REPRESENTATIVE aut.-k K.,..ff I 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: 7066C980-4C56-4D5E-9249-831A76FF237D Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF ENDORSEMENT A.M.STANDARD TIME) NAMED INSURED AGENT NO. (12:01POLICY NUMBER CPS7966908 03/27/2024 VERTEX CONTRACTING LLC 46006 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following coverage extensions are added to this policy: SCHEDULE Coverage Limits of Insurance Lost Key Coverage $25,000 Each Occurrence $25,000 Aggregate Construction Project Or Location Aggregate Limit When Required By $5,000,000 Maximum Per Contract Subject To A Maximum Per Policy General Aggregate Limit Policy General Aggregate Limit Property Damage Extension $5,000 Each Occurrence $25,000 Aggregate Primary And Non-Contributory—Other Insurance Condition Included Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Included of Subrogation) Increased Limit of Insurance for Medical Expense $10,000 Any One Person $300,000 Increased Limit of Insurance for Damage to Premises Rented to You Premises Any One Premises Additional Insureds: • Owners, Lessees Or Contractors—Automatic Status When Required In A Written Construction Agreement With You (Ongoing Operations) • Lessor Of Leased Equipment—Automatic Status When Required In Included A Written Lease Agreement With You • Managers Or Lessors Of Premises—Automatic Status When Required In A Written Contract Or Agreement With You • Mortgagee, Assignee Or Receiver—Automatic Status When Required In A Written Contract Or Agreement With You The Limits of Insurance shown above may be subject to limitations as described in this endorsement. Refer to the individual coverage wording. Nationwide" GLS-571 (11-23) Page 1 of 7 Docusign Envelope ID: 7066C980-4C56-4D5E-9249-831A76FF237D A. LOST KEY COVERAGE 1. The following is added to SECTION I—COVERAGES, COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. Exclusions, subparagraphs j.(3) and j.(4): This exclusion does not apply to "property damage" arising out of the loss, damage or mysterious disappearance of keys entrusted to you or your "employees" or in your or your "employees" possession, care, custody or control, subject to the following provisions: (a) The amount we will pay for all damages because of loss to which this endorsement applies shall be limited to the actual cost of keys, adjustment of locks to accept new keys or, if required, new locks including cost of their installation. (b) This insurance does not apply to "property damage" caused by misappropriation, secretion, conversion, infidelity or any act of dishonesty on the part of any insured, "employee"or agent. 2. Subject to SECTION III—LIMITS OF INSURANCE, paragraphs 2., 3., and 5. the most we will pay for insurance provided by A.1. above is $25,000 each "occurrence" subject to the $25,000 aggregate. This Each Occurrence Limit applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of the "occurrence." This Aggregate Limit is the most we will pay for the sum of all damages under paragraph A.1. The Aggregate Limit of Insurance is part of, and not in addition to, the General Aggregate Limit of In- surance shown in the Declarations. 3. The insurance under this Lost Key Coverage is excess over any other insurance providing cover- age for the same loss or damages to which this coverage applies. 4. It is our stated intention that the various coverage parts or policies issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage for any loss or damage covered by this endorsement. Should the circumstances of any claim or"suit"give rise to such duplication or overlap of coverage then, notwithstanding the other insurance provision, if this policy and any other coverage part or policy issued to you by us, or any company affiliated with us, apply to the same loss or damage the maximum limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit of insurance under any one cov- erage part or policy. B. CONSTRUCTION PROJECT OR LOCATION GENERAL AGGREGATE LIMIT WHEN REQUIRED BY CONTRACT SUBJECT TO A MAXIMUM PER POLICY GENERAL AGGREGATE LIMIT For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under SECTION I—COVERAGES, COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I—COVERAGES, COVERAGE C—MEDICAL PAYMENTS,which can be attributed only to ongoing operations at a single construction project or"location": 1. A separate Construction Project or Location General Aggregate Limit applies to each construction project or"location"when required in a written construction contract or agreement, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project or Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits." The Construction Project or Location General Aggregate Limit does not include damages because of"bodily injury"or"property damage" included in the "products-completed operations hazard." Nationwide` GLS-571 (11-23) Page 2 of 7 Docusign Envelope ID: 7066C980-4C56-4D5E-9249-831A76FF237D 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project or Location General Aggregate Limit for that designated con- struction project or`location."Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project or Location General Ag- gregate Limit for any other construction project or"location." 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations,such limits will be subject to the applicable Construction Project or Location General Aggregate Limit. 5. A Maximum Per Policy General Aggregate Limit of$5,000,000 is the most we will pay for the sum of all Construction Project or Location General Aggregate Limits and the General Aggregate Limit shown in the Declarations regardless of the number of: a. Insureds; b. Claims made or"suits" brought; c. Persons or organizations making claims or bringing "suits"; or d. Construction projects or"locations." 6. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under SECTION I—COVERAGES, COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY,and for all medical expenses caused by accidents under SECTION (—COV- ERAGES, COVERAGE C—MEDICAL PAYMENTS, which cannot be attributed only to ongoing operations at a single construction project or"location": a. Any payments made under Coverage A for damages or under Coverage C for medical ex- penses shall reduce the amount available under the General Aggregate Limit shown in the Declarations or the Products-completed Operations Aggregate Limit shown in the Declarations, whichever is applicable; and b. Such payments shall not reduce any Construction Project or Location General Aggregate Limit. 7. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of"bodily injury" or"property damage" included in the "prod- ucts-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, and not reduce the General Aggregate Limit shown in the Decla- rations nor the Construction Project or Location General Aggregate Limit. 8. If the applicable construction project or "location" has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project or"location"will still be deemed to be the same construction project or"location." 9. The provisions of SECTION III—LIMITS OF INSURANCE not otherwise modified by this endorse- ment shall continue to apply as stipulated. 10. For the purposes of this coverage extension: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. C. PROPERTY DAMAGE EXTENSION For the purposes of this Property Damage Extension only: 1. SECTION I—COVERAGES, COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY, paragraph 2. Exclusions, subparagraphs j.(4),j.(5) and j.(6) do not apply to "property damage"occurring as a result of your operations. Nationwide` GLS-571 (11-23) Page 3 of 7 Docusign Envelope ID: 7066C980-4C56-4D5E-9249-831A76FF237D 2. Subject to SECTION III—LIMITS OF INSURANCE, paragraphs 2., 3., and 5. the most we will pay for insurance provided by paragraph C.1. above is $5,000 each "occurrence" subject to $25,000 aggregate. This Each Occurrence Limit applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of the "occurrence." This Aggregate Limit is the most we will pay for the sum of all damages under paragraph C.1. The Aggregate Limit of insurance is part of, and not in addition to, the General Aggregate Limit of In- surance shown on the Declarations. 3. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. Other Insur- ance is deleted in its entirety and replaced with the following: 4. Other Insurance If other valid and collectible insurance is available to you for"property damage"covered under this coverage extension, then this insurance is excess over such other insurance. 4. It is our stated intention that the various coverage parts or policies issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage for any loss or damage covered by this endorsement. Should the circumstances of any claim or"suit"give rise to such duplication or overlap of coverage then, notwithstanding the other insurance provision, if this policy and any other coverage part or policy issued to you by us, or any company affiliated with us, apply to the same loss or damage the maximum limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit of insurance under any one cov- erage part or policy. D. PRIMARY AND NONCONTRIBUTORY—OTHER INSURANCE CONDITION The following is added to SECTION V—COMMERCIAL GENERAL LIABILITY CONDITIONS,subsec- tion 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You have 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. E. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) The following is added to SECTION IV—CONDITIONS, subsection 8. Transfer Of Rights Of Recov- ery Against Others To Us: We waive any right of recovery against any person(s)or organization(s)because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This waiver applies only when you and that person or organization have agreed to such waiver in writing in a contract or agreement. F. INCREASED LIMIT OF INSURANCE FOR MEDICAL EXPENSE SECTION III—LIMITS OF INSURANCE paragraph 7. is deleted and replaced by the following: 7. Subject to paragraph 5. above, the Medical Expense Limit, if not otherwise excluded, is the higher of: a. $10,000; or b. The amount shown in the Declarations as the Medical Expense Limit. Regardless of whether a. or b. above applies, it is the most we will pay under Coverage C for all medical expenses because of"bodily injury"sustained by any one person. Nationwide` GLS-571 (11-23) Page 4 of 7 Docusign Envelope ID: 7066C980-4C56-4D5E-9249-831A76FF237D G. INCREASED LIMIT OF INSURANCE FOR DAMAGE TO PREMISES RENTED TO YOU SECTION III—LIMITS OF INSURANCE paragraph 6. is deleted and replaced by the following: 6. Subject to paragraph 5. above, the Damage to Premises Rented To You Limit, if not otherwise excluded, is the higher of: a. $300,000; or b. The amount shown in the Declarations as the Damage to Premises Rented To You Limit. Regardless of whether a. or b. above applies, it is the most we will pay under Coverage A for damages because of"property damage" to any one premises, while rented to you, or in the case of damage by fire,while rented to you or temporarily occupied by you with permission of the owner. H. ADDITIONAL INSUREDS 1. Owners, Lessees Or Contractors—Automatic Status When Required In A Written Construction Agreement With You (Ongoing Operations) a. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any per- son(s) or organization(s)for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organi- zation be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury,""property damage"or"personal and advertising injury"caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; and (b) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this coverage extension ends when your operations for that additional insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or survey- ing services, including: (1) The preparing, approving,or failing to prepare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage," or the offense which caused the"personal and advertising injury,"involved the rendering of or the failure to render any professional architectural, engineering or surveying services. c. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III—LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: Nationwide` GLS-571 (11-23) Page 5 of 7 Docusign Envelope ID: 7066C980-4C56-4D5E-9249-831A76FF237D (1) Required by the contract or agreement you have entered into with the additional in- sured; or (2) Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. 2. Lessor Of Leased Equipment—Automatic Status When Required In A Written Lease Agreement With You a. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any per- son(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s)or organi- zation(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for"bodily injury,""property damage"or"personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equip- ment leased to you by such person(s)or organization(s). However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. c. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III—LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement you have entered into with the additional in- sured; or (2) Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. 3. Managers Or Lessors Of Premises—Automatic Status When Required In A Written Contract Or Agreement With You a. SECTION II—WHO IS AN INSURED is amended to include as an additional insured the per- son(s)or organization(s)with whom you have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy, but only with respect to liability for"bodily injury,""property damage"or"personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the own- ership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: (1) Any"occurrence"which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person(s)or organization(s). Nationwide` GLS-571 (11-23) Page 6 of 7 Docusign Envelope ID: 7066C980-4C56-4D5E-9249-831A76FF237D However: (a) The insurance afforded to such additional insured only applies to the extent permitted by law; and (b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III—LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement you have entered into with the additional insured; or (2) Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. 4. Mortgagee, Assignee Or Receiver—Automatic Status When Required In A Written Contract Or Agreement With You a. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any per- son(s)or organization(s)with whom you have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy, but only with respect to their liability as mortgagee, assignee or receiver and arising out of the owner- ship, maintenance or use of the premises by you. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. This insurance does not apply to structural alterations, new construction and demolition oper- ations performed by or for that person or organization. c. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III—LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement you have entered into with the additional insured; or (2) Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. All other terms and conditions of this policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Nationwide' GLS-571 (11-23) Page 7 of 7