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Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 CONTRACT MODIFICATION AGREEMENT NO. 01 BETWEEN THE CITY OF BREMERTON AND HELIX DESIGN GROUP PROJECT: Mezzanine Addition and Streets office improvements CONSULTANT: Helix Design Group CONTRACT#6750 DATE: 9/6/2024 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and Helix Design Group on August 20, 2024 All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: No Change Section II. Term , is modified as follows: No Change Section III. Compensation , is modified as follows: The original contract amount was $61,925 Dollars. The City shall pay the Consultant for the work described in original Exhibit A,based on time and materials,an amount not to exceed an additional $5,280 Dollars for a total amended contract amount of $67.205 Dollars, including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs Page 1 of 2 Contract Modification Rev. 09/2021 Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change,and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. CONSULTANT THE CITY Q1 a 2EMERTON c—DocuSigned by.. � 4 Li6Wa CA, Y �23D157AA3E6 11 Cate y Greg CW4h7 eel er Print Name: Print Name: Its: Principal Its: Mayor 10/9/2024 10/9/2024 Date: Date: APPROVED AS TO FORM: ATTEST: ned by: Signed by: Sig Gu ad rear, Qin�t(a (�bbvtLV By• EBCII3II1D0402.. By: 4 KYLIE J. FINNELL, Bremerton City Attorney ANGELA2 1 0 VVA,City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Helix Design Group City of Bremerton Lowell Cate Matt Donleycott 6021 12th Street East, Suite 201 345 6th Street Suite 100 Tacoma,WA 98424 Bremerton, WA 98337 (253) 922-9037 (360) 473-2316 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev.09 2021.docx Page 2 of 2 Contract Modification Rev.09/2021 Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 Old Proposal with incorrect math Bill Acker Consulting Services Cost Estimating. Gig Harbor,WA Attachment'D' III. TASKS AND FEES The following proposal will quote fees for the Design Phase, while subsequent phases(Permitting, Bidding and Construction Support)will be quoted as"hourly",pending City's decision on required level of support from the consultant team, A. DESIGN 1. Architecture Please see Attachment'A' FEE: HOURLY/NTE 2. M/E/P Engineering Please see Attachment'B'. MINIM FEE: Hultz/BHU: $12,600 Helix Mark-up @ 10%: 1,260 3. Structural Engineering Please see Attachment'C' FEE: AMP PCS: $13,300 Helix Mark-up @ 10%: 1,330 4. Cost Estimating Per verbal quote: FEE: $ 5,742 Bill Acker: $5,220 $ 34,2.32 Helix Mark-up @ 10%: 522 SUB-TOTAL,LABOR: $28,952 5. Reimbursable Expenses Reimbursable expenses(eg. prints,copies,postage,etc.)will be invoiced at cost+10%; personal auto mileage at$0.67/mile. Reimbursable expenses are additional to quoted fees. Allowance: $ 561 TOTAL,DESIGN PHASE: $61,925 B. PERMITTING Please see Attachment'A' • Coordinate with the City of Bremerton to obtain permits for the project. FEE: HOURLY/NTE $2,214 ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East. Suite 201.Tacoma.WA 98424-1308 (253)922-9037 www.he!ixoles;pgroup.net Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 EXHIBIT AI—Ic!ix � design group A DIVIS!O N OF SHIVE-HATTERY September 9, 2024 Matt Donleycott Internal Services Manager City of Bremerton 100 Oyster Bay Ave. N. Bremerton, WA 98312 RE: PW Maintenance Operations Center,Tenant Improvement,City of Bremerton (Revised) Dear Mr. Donleycott: Thank you very much for inviting us to propose our services for the referenced project.The opportunity to work with you on yet another project is sincerely appreciated, and we look forward to a successful and interesting assignment. We are pleased to submit the following proposal for your consideration. SCOPE OF WORK The project area in the Maintenance Building is shown in the attached sketches and photos. Specific project components include: Architecture&Structural Engineering: • Demo drawings • Remove(2) rollup doors (#11 ), infill exterior wall to match existing wall type. Install metal siding and windows to match existing; (8) new windows total. • Existing wood stair to remain as is. • Extend mezzanine floor structure to exterior wall over new Conference Room location, approximately 26'+/- x 20'+/-. • At mezzanine level, remove existing 2x4 guardrail gate, infill and install new gate for mezzanine access. • New ACT ceiling, light fixtures and sprinklers under mezzanine extension. • Revise existing lighting at mezzanine level extension. Mechanical/Electrical/Plumbing Engineering: Please refer to proposal from Hultz/BHU Engineers, Inc.Attachment'B'. • Provide option for consolidating existing Electrical Dept HVAC system into new system to include new office space configuration created by project. II. PROPOSED PROJECT TEAM We propose the following consultant team for your project(individual proposals attached, as indicated): Helix Design Group, Inc. Prime Consultant. Architecture and Project Tacoma, WA Management. Attachment'A' Hultz/BHU Engineers, Inc. Mechanical, Electrical and Plumbing(M/E/P) Tacoma,WA Engineering. Attachment'B' PCS Structural Solutions, Inc. Structural Engineering. Tacoma,WA Attachment'C' G,Office\03-Fee Proposals-Contracts\2024\024-24 Bremerton PW Ops Bldg Tl\02-Fee Proposals\Working\A3 Maint.Bldg.&Ops.Center TI Fee Revised.docx ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East.Suite 201.Tacoma.WA 98424-1308 (253)922-9037 www.helixdesigngroup-net Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 Bill Acker Consulting Services Cost Estimating. Gig Harbor, WA Attachment'D' III. TASKS AND FEES The following proposal will quote fees for the Design Phase, while subsequent phases(Permitting, Bidding and Construction Support)will be quoted as "hourly", pending City's decision on required level of support from the consultant team. A. DESIGN 1. Architecture Please see Attachment'A'. FEE: HOURLY/NTE $32,412 2. M/E/P Engineering Please see Attachment'B'. FEE: $ 13,860 Hultz/BHU: $12,600 Helix Mark-up @ 10%: 1,260 3. Structural Engineering Please see Attachment'C'. FEE: $ 14,630 PCS: $13,300 Helix Mark-up @ 10%: 1,330 4. Cost Estimating Per verbal quote: FEE: $ 5,742 Bill Acker: $5,220 Helix Mark-up @ 10%: 522 SUB-TOTAL, LABOR: $34,232 5. Reimbursable Expenses Reimbursable expenses (eg. prints, copies, postage, etc.)will be invoiced at cost+10%; personal auto mileage at $0.67/mile. Reimbursable expenses are additional to quoted fees. Allowance: $ 561 TOTAL, DESIGN PHASE: $67,205 B. PERMITTING Please see Attachment'A' • Coordinate with the City of Bremerton to obtain permits for the project. FEE: HOURLY/NTE $2,214 ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East.Suite 201,Tacoma,WA 98424-1308 (253)922-9037 www.helixdesigngroup.net Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 1. Structural Engineering Please see Attachment'C'. FEE: $ 3,520 PCS: $3,200 Helix Mark-up @ 10%: 320 TOTAL, PERMITTING: $5,734 C. BIDDING Services during bidding may include, but not necessarily be limited to the following: • Bidding support, respond to bidder questions and comments. • Review prebid substitution requests. • Issue addenda as necessary. FEE: HOURLY/NTE $1,200 1. M/E/P Engineering Please see Attachment'B'. FEE: $550 Hultz/BHU: $500 Helix Mark-up @ 10%: 50 2. Structural Engineering Please see Attachment'C'. FEE: $1,760 PCS: $1,600 Helix Mark-up @ 10%: 160 TOTAL, BIDDING PHASE: $3,510 D. CONSTRUCTION SUPPORT Services during construction may include, but not necessarily be limited to the following: • Site visits as requested or necessary(assume 4 visits)to provide direction and verify that construction meets design intent. • Respond to construction questions, RFI's, schedules, etc. • Review submittals and shop drawings. • Review and respond to change order requests. • Prepare punch lists and manage close-out documents. FEE: HOURLY/NTE $10,000 1. M/E/P Engineering Please see Attachment'B'. FEE: $ 6,710 Hultz/BHU: $6,100 Helix Mark-up @ 10%: 610 ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East,Suite 201,Tacoma,WA 98424-1308 (253)922-9037 www.heIixdesigngrcup.net Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 2. Structural Engineering Please see Attachment'C'. FEE: $ 8,800 PCS: $8,000 Helix Mark-up @ 10%: 800 TOTAL,CONSTRUCTION SUPPORT PHASE: $25,510 IV. ASSUMPTIONS Our proposal has been based on the following assumptions: 1. Hourly services will be provided per attached rates. 2. Specifications will be included as notes on the drawings, "front end"and documentation will be provided by the City of Bremerton. 3. Helix will provide electronic copies.The City of Bremerton will be responsible for reproduction and distribution. 4. The Bidding phase will be managed by the City of Bremerton. We hope this proposal is acceptable. If you have any questions, please let us know. Thank you! Sincerely yours, HELIX DESIGN GROUP A DIVISION OF SHIVE-HATrERY • Lowell Cate Principal Attachments ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East,Suite 201,Tacoma,WA 98424-1308 (253)922-9037 www.hehxdesigngroup.net Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 ATTACHMENT'A' !, II r/ City of Bremerton-Maintenance Operations Center T.I. Helix Architectural Design Tasks 3r?.' cr „p onnci pa Archltect/PM Interior Designer Permit Specieliet Arch itnnt/Oeagner I Grade 9 Grade 6 Grade 3 Grade 1 Grade 5 Professional Administrative Architectural Tasks Professional Staff Professional Staff Professional Professional Staff Support Staff Staff S 247.00 $ 192.00 $ 14340 $ 1.07.00 $ 178.00 $ 73.0E total 1 Site Visit I $ - i.Kick-Off Meeting;Verify SOW(on-site) 4 4 $ 1,560 ii.Verify Existing Conditions 6 $ 858 2 Update/Prepare As-Built Drawings 20 8 $ 4,284 3 Prepare Drawings&Specifications(Notes) 82 26 $ 16,354 4 30%&90%Submittals 8 8 $ 1,728 5 Review Meetings(2 ea.)virtual 2 8 $ 1,638 6 Permit Coordination 8 10 $ 2,214 I 7 Coordination with City 2 12 $ 2,210 8 Coordination with Design Team 12 $ 1,716 9 Cost Estimating Review and Coordination 2 4 $ 1,066 10 Quality Control 4 $ 988 total hours 14 0 164 10 34 8 230 Total Architectural Service $ 3,458.00 $ - $ 23,452.00 $ 1,070,00 $ 6,052,00 $ 584.00 $ 34,616.00 Expenses Travel Costs trips miles Mileage 6 80 ]$ 0.670 per mile $ 322 Bridge Toll 6 @$6.50 $ 39 Total Travel Costs :$ 361 Reproduction 1 Prints,copies,etc.,Misc. Allowance $ 200 Sub-total Expenses $ 561 L Total Expenses 561 Total Architectural 5,177 Page 1 6/24/2024 Helix Design Group Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 Attachment 'B' HULTZ BHU engineers ine June 21,2024 Helix Design Group, Inc. 6021 12th Street East,Suite 201 Tacoma,WA 98424 Attention: Lowell Cate Subject: City of Bremerton—PW Operations Building TI Engineering Services Proposal, Revised Dear Lowell: Thank you for this opportunity to submit our proposal to furnish mechanical and electrical engineering services for this project. Project Description Tenant improvements for the City of Bremerton Public Works. Work consists of a new partial mezzanine area and revised main floor plan (below the mezzanine). Lighting,electrical power, HVAC,fire sprinkler, fire alarm, and data/communications systems will need to be revised. No plumbing work in project. Scope of Services General: Our scope of work is for systems covered under Division 21 (fire sprinkler), Division 23 (HVAC), Division 26(electrical power, lighting), Division 27 (low voltage), and Division 28 (fire alarm) of the Construction Specification Institute (CSI) Manual of Practice. Design Phase: Our work consists of providing mechanical and electrical engineering, design, construction drawings, and technical specifications for the project. A site visit is included to review existing conditions Bid Phase: Review substitution requests, respond to questions, prepare addenda for items in our scope. Construction/Closeout Phase: Review submittals,answer contractor requests for information, provide one punchlist review, and review closeout documents for items in our scope. Proposed Fee We propose to provide our services on an hourly charge basis, not to exceed the following without your prior permission: Site Visit $ 1,600 Design Phase $ 12,600 Bid Phase $ 500 Construction Phase $ 6,100 Total $ 20,800 1111 Fawcett Avenue, Suite 100 • Tacoma,Washington 98402 T 253.383.3257 • F 253.383.3283 • general@hultzbhu.com Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 June 21, 2024 Helix Design Group, Inc. City of Bremerton—PW Operations Building TI Engineering Services Proposal, Revised Page 2 Added fee HVAC: To consolidate HVAC for the adjacent Electrical Department with new system: $5,000 Added fee electrical: To meter electrical loads to accommodate added loads: $ 1,500 for the first metering;$500 for each subsequent. Hourly Rates: Principal$225/hr;Associate Principal$185/hr; Senior Engineer$160/hr;Senior Project Manager$155/hr; Project Engineer$150/hr; Project Manager$135/hr;Senior Designer$120/hr; Project Designer$110/hr; CAD Technician $100/hr;Clerical $70/hr. Assumptions/Qualifiers 1. We assume we will be provided AutoCAD compatible backgrounds of the building. 2. We assume that mechanical and electrical as-builts will be provided to us,and that they are reasonably accurate. 3. Fire sprinkler systems will be covered by a performance specification with design by the installing contractor. 4. Fire alarm systems will be covered by a performance specifications with design by the installing contractor. 5. No utility locates are included in our scope. 6. Our work is limited to systems inside the building footprint. 7. We assume that any design phase meetings will be the virtual type. 8. No unusual or detrimental conditions exist at the area of work requiring any analysis or design consideration by us (e.g. existing code violations, power quality issues,existing failed components, etc.). 9. Cost estimating is not included (but review of estimates by others is included). 10. Data/communications work is for pathway only. 11. Security,camera, access control and other low voltage systems are not included. 12. No structural engineering or design of seismic anchorage for MEP systems is included in our scope (these can be specified as bidder designed where not covered by the structural engineer or others). 13. Commissioning specifications and services are not included in our scope. 14. Attendance at any pre-bid or pre-construction meetings is not included. 15. Preparation of as-builts is not included. 16. If we are not retained for construction phase services or submittal reviews, claims shall be waived that might have been prevented had we provided such services. 17. Hazardous materials work(survey,evaluation, reports,abatement,etc.) is not included in our scope. 18. If there are Owner or tenant standards we are to adhere to,we will be provided those in writing prior to us starting our design. 19. We assume that the Owner(and other interested parties)will review our progress submittals and final design documents to confirm their design intent is being met. We appreciate this opportunity to work with you. Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 June 21, 2024 Helix Design Group, Inc. City of Bremerton—PW Operations Building TI Engineering Services Proposal, Revised Page 3 Sincerely, HultzIBHU Engineers Inc. Michael Tagles, PE Associate Principal Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 Attachment ' C' pcs_ Structural Solutions Seattle 1011 Western Avenue,Suite 810 I Seattle,WA 98104 1206.292.5076 Tacoma 1250 Pacific Avenue,Suite 701 I Tacoma,WA 98402 1253.383.2797 Portland 101 SW Main Street,Suite 280 I Portland,OR 97204I 503.232.3746 www.pcs-structural.com June 18, 2024 Helix Design Group 6021 12th St. E Tacoma, WA 98484 ATTN: Erik Prestegaard RE: Bremerton Public Works Maintenance Building— Mezzanine Addition Bremerton, Washington Dear Erik: Thank you for this opportunity to propose our Structural Engineering services for the mezzanine addition for the Bremerton Public Works Maintenance Building in Bremerton, Washington. SCOPE OF SERVICES We will provide all structural design, calculations, and 2-D drafted drawings as required toward obtaining the Building Permit for the structural portion of this project. Concept design, bidding, permitting, and Construction Phase services can be provided at additional cost on an hourly basis. Our scope of services and resulting fee are based on the following tasks/assumptions: • Provide the design for a new mezzanine supporting light storage. This will require new bearing/shear walls and footings. The mezzanine is approximately 20'x30' in size. • The existing wood framed stair will be utilized for this new mezzanine. • There will be an infill of two (2) exterior garage doors with new wood framing. • A site visit will be required to review the existing mezzanine structure. • Our deliverables will include a Bluebeam mark-up set for coordination and one drafted permit/construction set of documents. Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 al PCS Structural Solutions Connected Teams. Bold Solutions. Helix Design Group Erik Prestegaard Bremerton Public Works Maintenance Building— Mezzanine Addition Bremerton, Washington FEES Billing will be on an hourly basis. The fee amount may be modified only with prior written approval if the scope of services is changed. • Structural Design —Hourly estimated $ 8,500 • Concept Design (up to 24 hrs) - HNTE $ 4,800 • Bidding (up to 8 hrs) - HNTE $ 1,600 • Permitting (up to 16hrs) - HNTE $ 3,200 • Construction Phase (2 site visits max, up to 40 hrs total) - HNTE $ 8,000 Thank you for this opportunity to be of continued service. If there are any questions regarding this proposal, please feel free to call. We look forward to hearing from you. Very truly yours, PCS STRUCTURAL SOLUTIONS 1)12 /0filij Accepted by: Wes Neeley, S.E. Signature Date Associate Principal Printed Name/Title WJNkrp Bremerton Maint Mezz Add pro 2024-06-18 wjn Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 Attachment 'D' Acker Consulting Services Information Generated from Practical Experience in the Current Market Place PHONE (360)895-1756 • FAX (360)8742062 P.O.BOX 1213 GIG HARBOR,WA 98335 LICENSE I.D.#601 251 567 June 16, 2024 Helix Design Group 6021 12th Street East, Suite 201 Tacoma, WA 98424 Dear Dear Katie Stilpen: Thank you for considering the use of my services to provide estimates and reviews for building improvements at the Bremerton Public Works Operation Center. Based on the latest anticipated scope,my proposed fees are as follows: Initial estimate&review, 18 ho.urs x$145 per hour=$2,610. Final estimate &review, 18 hours x$145 per hour=$2,610. The proposed fees would be billed on an hourly not-to-exceed basis,where the actual invoices could come in less than depending on how smooth things go, but not exceed a total budget cap of$5,220. Thank you again for the consideration. Please do not hesitate to call if you have any questions. Sincerely, L..., Bill Acker Docusign Envelope ID: BA4BD74E-B149-4A02-82ED-2006AADF9363 hel ix design group A DIVISION OF SHIVE-HATTERY Standard Billing Rates 2024 Category Position Hourly Rate Principal Grade 9 Professional Staff Architect/PM $ 247.00 Grade 8 Professional Staff Architect/PM $ 228.00 Grade 7 Professional Staff Architect/PM $ 209.00 Grade 6 Professional Staff Architect/PM $ 192.00 Job Captain Grade 5 Professional Staff Architect/Designer $ 178.00 Job Captain Architect/Designer Grade 4 Professional Staff Interior Designer $ 160.00 Interior Designer Grade 3 Professional Staff Administration $ 143.00 Architect/Designer Grade 2 Professional Staff Administration $ 128.00 Interior Designer Permit Specialist Grade 1 Professional Staff Graphic Designer $ 107.00 Administrative Support $ 73.00 NOTE: Rates are subject to annual adjustments at the beginning of each new fiscal year,01 January. ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East,Suite 201,Tacoma,WA 98424-1308 (253)922-9037 www.helixdes;gngroup.net Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 PROFESSIONAL SERVICES AGREEMENT Mezzanine Addition/Streets Office Remodel The City of Bremerton ("City") and Helix Design Group ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work,dated June 24,2024,including any attachments thereto,attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B;provided however,that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed$61,925. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement,the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field Page 1 of 8 Bremerton/Helix Design Group Mezzanine addition/Streets office remodel Rev. 04/2023 Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 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 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Page 2 of 8 Bremerton/Helix Design Group Mezzanine addition/Streets office remodel Rev.04/2023 Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 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. 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 Page 3 of 8 Bremerton/Helix Design Group Mezzanine addition/Streets office remodel Rev.04/2023 Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 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 , Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. Page 4 of 8 Bremerton/Helix Design Group Mezzanine addition/Streets office remodel Rev. 04/2023 Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 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 , 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. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Matt Donleycott Attn: Lowell Cate City of Bremerton Helix Design Group, A Div of 345 6th Street, Suite 100 Shive-Hattery, Inc. 6021 12th St. E. , STE 201 Bremerton, WA 98337-1891 Tacoma, WA 984.2a-1308 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 8 Bremerton/Helix Design Group Mezzanine addition/Streets office remodel Rev. 04/2023 Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the 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. 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 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. Page 6 of 8 Bremerton/Helix Design Group Mezzanine addition/Streets office remodel Rev. 04/2023 Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 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. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON HELIX GROUP Signed by: DocuSigned by: By &k E8E747B.. By. BF.. Print Name: Greg Wheeler Print Name: Lowe Cate Its: Mayor Its: Principal Date: 8/20/2024 Date: 8/19/2024 APPROVED AS TO FORM: ATTEST: Page 7 of 8 Bremerton/Helix Design Group Mezzanine addition/Streets office remodel Rev.04/2023 Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 Signed by: p-®Signed by: tl l a y ' Nov ,V' By. `5'2 e 83b1BU4 B" "-24E`S ¢b4SC, Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev.04 2023.docx Page 8 of 8 Bremerton/Helix Design Group Mezzanine addition/Streets office remodel Rev. 04/2023 Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 EXHIBIT A ne � ..x. design group o,vlx,rat.` June 24, 2024 Matt Donleycott Internal Services Manager City of Bremerton 100 Oyster Bay Ave. N. Bremerton, WA 98312 RE: PW Maintenance Operations Center,Tenant Improvement,City of Bremerton (Revised) Dear Mr. Donleycott: {hank you very much for inviting us to propose our services for the referenced project.The opportunity to work with you on yet another project is sincerely appreciated,and we look forward to a successful and interesting assignment. We are pleased to submit the following proposal for your consideration. SCOPE OF WORK The project area in the Maintenance Building is shown in the attached sketches and photos.Specific project components include: Architecture&Structural Engineering: • Demo drawings • Remove(2) rollup doors(#11),infill exterior wall to match existing wall type. Install metal siding and windows to match existing; (8) new windows total. • Existing wood stair to remain as is. • Extend mezzanine floor structure to exterior wall over new Conference Room location, approximately 26'+/-x 20'+/-. • At mezzanine level, remove existing 2x4 guardrail gate, infill and install new gate for mezzanine access. • New ACT ceiling, light fixtures and sprinklers under mezzanine extension. • Revise existing lighting at mezzanine level extension. Mechanical/Electrical/Plumbing Engineering: Please refer to proposal from Hultz/BHU Engineers, Inc.Attachment'B'_ • Provide option for consolidating existing Electrical Dept HVAC system into new system to include new office space configuration created by project. II. PROPOSED PROJECT TEAM We propose the following consultant team for your project(individual proposals attached,as indicated): Helix Design Group,Inc. Prime Consultant.Architecture and Project Tacoma,WA Management. Attachment'A' Hultz/BHU Engineers,Inc. Mechanical, Electrical and Plumbing(M/E/P) Tacoma,WA Engineering. Attachment'B' PCS Structural Solutions,Inc. Structural Engineering. Tacoma,WA Attachment'C' G:\OfCre\O&Fee Pronnsols-Contracts\2024\024.24 14remerton I'W Ops t41dg TI\02-Fee Proposals\Working\A2_Maint.LIIdg.&O,,.Center 11 Reviscd.docx ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East.Suite 2.01,Tacoma.WA 98424-1308 253)922-9037 ww .rrelixdesigngrouu ne Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 Bill Acker Consulting Services Cost Estimating. Gig Harbor,WA Attachment'D' III. TASKS AND FEES The following proposal will quote fees for the Design Phase, while subsequent phases(Permitting, Bidding and Construction Support) will be quoted as"hourly", pending City's decision on required level of support from the consultant team. A. DESIGN 1. Architecture Please see Attachment'A' FEE: HOURLY/NTE $32,412 2. M/E/P Engineering Please see Attachment'B'. FEE: $ 13,860 H u ltz/BH U: $12,600 Helix Mark-up @ 10%: 1,260 3. Structural Engineering Please see Attachment'C' FEE: $ 14,630 PCS: $13,300 Helix Mark-up @ 10%: 1,330 4. Cost Estimating Per verbal quote: FEE: $ 5,742 Bill Acker: $5,220 Helix Mark-up @ 10%: 522 SUB-TOTAL,LABOR: $28,952 5. Reimbursable Expenses Reimbursable expenses(eg. prints, copies, postage,etc.)will be invoiced at cost+10%; personal auto mileage at$0.67/mile. Reimbursable expenses are additional to quoted fees. Allowance: $ 561 TOTAL,DESIGN PHASE: $61,925 B. PERMITTING Please see Attachment'A' • Coordinate with the City of Bremerton to obtain permits for the project. FEE: HOURLY/NTE $2,214 ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East.Suite 201.Tacoma.WA 98424-130a (253)922-9037 www.hegixdesigngroup.net Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 1. Structural Engineering Please see Attachment'C'. FEE: $3,520 PCS: $3,200 Helix Mark-up @ 10%: 320 TOTAL, PERMITTING: $5,734 C. BIDDING Services during bidding may include, but not necessarily be limited to the following: • Bidding support, respond to bidder questions and comments. • Review prebid substitution requests. • Issue addenda as necessary. FEE: HOURLY/NTE $1,200 1. M/E/P Engineering Please see Attachment'IT. FEE: $550 Hultz/BHU: $500 Helix Mark-up @ 10%: 50 2. Structural Engineering Please see Attachment'C' FEE: $1,760 PCS: $1,600 Helix Mark-up @ 10%: 160 TOTAL, BIDDING PHASE: $3,510 D. CONSTRUCTION SUPPORT Services during construction may include, but not necessarily be limited to the following: • Site visits as requested or necessary(assume 4 visits)to provide direction and verify that construction meets design intent. • Respond to construction questions, RFI's, schedules,etc. • Review submittals and shop drawings. • Review and respond to change order requests. • Prepare punch lists and manage close-out documents. FEE: HOURLY/NTE $10,000 1. M/E/P Engineering Please see Attachment'B'. FEE: $6,710 Hultz/BHU: $6,100 Helix Mark-up @ 10%: 610 ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12tt•Street Ent,Suite 201.Tacoma,WA 98424.1308 253)922-9037 www rteiixdesigngruup r,e: Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 2. Structural Engineering Please see Attachment'C'. FEE: $8,800 PCS: $8,000 Helix Mark-up @ 1.0%; 800 TOTAL,CONSTRUCTION SUPPORT PHASE: $25,510 IV. ASSUMPTIONS Our proposal has been based on the following assumptions: 1. Hourly services will be provided per attached rates. 2. Specifications will be included as notes on the drawings, "front end"and documentation will be provided by the City of Bremerton. 3. Helix will provide electronic copies.The City of Bremerton will be responsible for reproduction and distribution. 4. The Bidding phase will be managed by the City of Bremerton. We hope this proposal is acceptable. If you have any questions, please let us know. Thank you! Sincerely yours, HELIX DESIGN GROUP A DIVISION OF SHIVE-HATTERY r / 1 jr! Lowell Cate Principal Attachments ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East.Suite 201.Tacoma,WA 98424-1308 (253)922-9037 www.he;'ixdesign3roua.rer. Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 ATTACHMENT'A' E N City of Bremerton-Maintenance Operations Center T.I. Helix Architectural Design Tasks Principal Architect/PM Interior Designer Permit Specialist Architect/Designer sly:,; Grade 1 !Grade 5 Professional Admuust,•ative lade 9 Grade 6 P.:'-ad, f ,''r`,l Pretetis Dual I ArDruteCttirDi 7HSKS �, G Pi„i(3,oc,a�Stan 'Protes..ion.rl Stan di Support I= ref ;tan $ 247.00 $ 192.00 1 143.00 5 107 00 $ 178.00 $ 73.00 ,total - 1 Site Visit i $ 1,560, I.Kick-Off Meeting;Verify SOW(on-site) i 4 4 $ ii.Verify Existing Conditions 6 $ 858, 2 ;Update/Prepare As-Built Drawings 20 8. , $ 4,284 3 i Prepare Drawings&Specifications(Notes) j 82 26 ' $ 16.354 — 4 j30%&90%Submittals j 8 8 $ 1,728 5 !Review Meetings(2 ea.)virtual 2 8 $ 1,638 6 .Permit Coordination 8 10 $ 2,214 7 Coordination with City 2 12 $ 2,210 8 'Coordination with Design Team 12 1 4 1,716 9 1 Cost Estimating Review and Coordination 2 4 i $ 1,066 I 10 Quality Control 4 I j $ 9881 $ -1 %tar hours 14 0 164 10 34 8 230 Total Architectural Service $ 3,458.00 $ - $ 23,452.00 $ 1,070.00 $ 6,052.00 $ 584.00 MIMI Expense; Travel Costs �— trips miles Mileage 6 80 i$ 0.670 per mile i —_ $ 322 Bridge Toll 6 Cd$6.50 i , $ 39 i Total Travel Costs -1 I $. 361 Reproduction —r_„ Prints,copies,etc.,Misc. Allowance — T —V $ _ 200 NSub-total Expense $ 561 i Total Expenses , Page 1 6/24/2024 Helix Design Group Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 Attachment 'B' HULTZ _r BHU engineers inc June 21,2024 Helix Design Group, Inc. 6021 12th Street East,Suite 201 Tacoma, WA 98424 Attention: Lowell Cate Subject: City of Bremerton—PW Operations Building TI Engineering Services Proposal, Revised Dear Lowell: Thank you for this opportunity to submit our proposal to furnish mechanical and electrical engineering services for this project. Proiect Description Tenant improvements for the City of Bremerton Public Works. Work consists of a new partial mezzanine area and revised main floor plan (below the mezzanine). Lighting,electrical power,HVAC,fire sprinkler, fire alarm,and data/communications systems will need to be revised. No plumbing work in project. Scope of Services General: Our scope of work is for systems covered under Division 21(fire sprinkler),Division 23 (FIVAC), Division 26(electrical power, lighting), Division 27(low voltage),and Division 28(fire alarm)of the Construction Specification Institute(CSI) Manual of Practice. Design Phase: Our work consists of providing mechanical and electrical engineering,design, construction drawings, and technical specifications for the project. A site visit is included to review existing conditions Bid Phase: Review substitution requests,respond to questions, prepare addenda for items in our scope. Construction/Closeout Phase: Review submittals,answer contractor requests for information, provide one punchlist review, and review closeout documents for items in our scope. Proposed Fee We propose to provide our services on an hourly charge basis, not to exceed the following without your prior permission: Site Visit $ 1,600 Design Phase $12,600 Bid Phase $ 500 Construction Phase $ 6,100 Total $20,800 1111 Fawcett Avenue,Suite 100 • Tacoma,Washington 98402 T 253.383,3257 • F 253.383.3283 • general@hultzbhu.com Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 June 21, 2024 Helix Design Group, Inc. City of Bremerton—PW Operations Building TI Engineering Services Proposal, Revised Page 2 Added fee HVAC: To consolidate HVAC for the adjacent Electrical Department with new system: $ 5,000 Added fee electrical: To meter electrical loads to accommodate added loads: $ 1,500 for the first metering;$500 for each subsequent. Hourly Rates: Principal$225/hr;Associate Principal$185/hr;Senior Engineer$160/hr;Senior Project Manager$155/hr; Project Engineer$150/hr; Project Manager$135/hr;Senior Designer$120/hr; Project Designer$110/hr; CAD Technician$100/hr;Clerical$70/hr. Assumptions/Qualifiers 1. We assume we will be provided AutoCAD compatible backgrounds of the building. 2. We assume that mechanical and electrical as-builts will be provided to us,and that they are reasonably accurate. 3. Fire sprinkler systems will be covered by a performance specification with design by the installing contractor. 4. Fire alarm systems will be covered by a performance specifications with design by the installing contractor. 5. No utility locates are included in our scope. 6. Our work is limited to systems inside the building footprint. 7. We assume that any design phase meetings will be the virtual type. 8. No unusual or detrimental conditions exist at the area of work requiring any analysis or design consideration by us(e.g.existing code violations, power quality issues,existing failed components, etc.). 9. Cost estimating is not included (but review of estimates by others is included). 10. Data/communications work is for pathway only. 11. Security,camera, access control and other low voltage systems are not included. 12. No structural engineering or design of seismic anchorage for MEP systems is included in our scope (these can be specified as bidder designed where not covered by the structural engineer or others). 13. Commissioning specifications and services are not included in our scope. 14. Attendance at any pre-bid or pre-construction meetings is not included. 15. Preparation of as-builts is not included. 16. If we are not retained for construction phase services or submittal reviews,claims shall be waived that might have been prevented had we provided such services. 17. Hazardous materials work(survey,evaluation, reports,abatement,etc.)is not included in our scope. 18. If there are Owner or tenant standards we are to adhere to,we will be provided those in writing prior to us starting our design. 19. We assume that the Owner(and other interested parties)will review our progress submittals and final design documents to confirm their design intent is being met. We appreciate this opportunity to work with you. Docusign Envelope ID:A4E15178-5C46-4343-BB20-B1AF08AA3557 June 21,2024 Helix Design Group, Inc. City of Bremerton—PW Operations Building TI Engineering Services Proposal, Revised Page 3 Sincerely, Hultz I BHU Engineers Inc. Michael Tagles,PE Associate Principal DATE(MM/DD/YYYY) A�o° CERTIFICATE OF LIABILITY INSURANCE 8/21/2024 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 Kelli DeVries Holmes Murphy&Associates PHONE FAX 2727 Grand Prairie Parkway (A/C,No,Ext): 319-896-7661 (A/C,No): Waukee IA 50263 ADODRESS: kdevries@holmesmurphy.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Zurich American Insurance Company of IL 27855 INSURED SHIHATPC INSURER B: Travelers Property Casualty Co.America 25674 Helix Design Group, a Division of Shive-Hattery, Inc INSURER C:XL Specialty Insurance 37885 6021 12th St E, Ste 201 INSURERD: Tacoma WA 98424-1376 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:847786134 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y GL0020392908 10/1/2023 10/1/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP020393008 10/1/2023 10/1/2024 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR CUP9S85276423NF 10/1/2023 10/1/2024 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$inpnn $ A WORKERS COMPENSATION WCO20392808 10/1/2023 10/1/2024 X PER OTH- AND EMPLOYERS LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE 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 C Professional Liability DPR5018314 10/1/2023 10/1/2024 Per Claim 5,000,000 (Claims Made Coverage) Aggregate 10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Bremerton is Additional Insured on General Liability as required by written contract with the insured,per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton 345 6th Street, Suite 100 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE 0 Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. G L0020392908 10/01/2023 10/01/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Helix Design Group, a Address (including ZIP Code): Division of Shive-Hattery, Inc 6021 12th St E, Ste 201 Tacoma,WA 98424-1376 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. 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 or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. 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 written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage"or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. 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. U-GL-1175-F CW(04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, 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 written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW(04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 0 Blanket Notification to Others of Cancellation ZURICH` or Non-Renewal Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer No. Add'I.Prem Return Prem. GL0020392908 10/01/2023 10/01/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B.of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A.and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-GL-1521-A CW(10/12) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. General Liability Extended Coverages ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I.Prem Return Prem. GL0020392908 10/01/2023 10/01/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following changes apply to this Coverage Part. A. Fellow Employee And Incidental Medical Malpractice Coverage Paragraph 2.a.(1) of Section II—Who Is An Insured is replaced by the following: 2. Each of the following is also an insured: a Your "volunteer workers"only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these"employees"or 'volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company); (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) above; or (c) Arising out of his or her providing or failing to provide professional health care services, except any "bodily injury"or "personal and advertising injury"arising out of: (1) Medical or paramedical services to persons performed by any physician, dentist, nurse, emergency medical technician, paramedic or other licensed medical care person employed by you to provide such services; or (2) Emergency cardiopulmonary resuscitation (CPR) or first aid services performed by any other employee of yours who is not a licensed medical professional. B. Additional Insureds—Lessees Of Premises 1. Section II —Who Is An Insured is amended to include as an additional insured any person or organization who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. However, the insurance afforded to such additional insured: a Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and U-GL-1477-B CW(04/13) Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc.with its permission. c. Ends when the person or organization ceases to lease or rent premises from you. 2. With respect to the insurance afforded to the additional insureds under this endorsement, 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: a. Required by the written contract or written agreement referenced in Subparagraph B.1. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph B. shall not increase the applicable Limits of Insurance shown in the Declarations. C. Additional Insured —Vendors 1. The following change applies if this Coverage Part provides insurance to you for "bodily injury"and "property damage" included in the "products-completed operations hazard": Section II —Who Is An Insured is amended to include as an additional insured any person or organization (referred to throughout this Paragraph C.as vendor) who you have agreed in a written contract or written agreement, prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage"arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, the insurance afforded to such vendor: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs (4) or (6) above; or U-GL-1477-B CW(04/13) Page 2 of 9 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This insurance does not apply to any of "your products" for which coverage is excluded under this Coverage Part. 3. With respect to the insurance afforded to these vendors under this Paragraph C., the following is added to Section III —Limits Of Insurance The most we will pay on behalf of the vendor is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph C.1. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph C. shall not increase the applicable Limits of Insurance shown in the Declarations. D. Damage to Premises Rented or Occupied by You 1. The last paragraph under Paragraph 2.,Exclusions of Section I —Coverage A—Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by fire; lightning; explosion;windstorm or hail; smoke; aircraft or vehicles;vandalism;weight of snow, ice or sleet; leakage from fire extinguishing equipment, including sprinklers; or accidental discharge or leakage of water or steam from any part of a system or appliance containing water or steam to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Section III —Limits Of Insurance. 2. Paragraph 6. of Section III —Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit 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 one or more covered perils to any one premises, while rented to you or temporarily occupied by you with permission of the owner. E. Limited Contractual Liability Coverage—Personal and Advertising Injury 1. Exclusion e. of Section I —Coverage B— Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for "personal and advertising injury" if: (a) The "personal and advertising injury"arises out of the offenses of false arrest, detention or imprisonment; U-GL-1477-B CW(04/13) Page 3 of 9 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. (b) The liability pertains to your business and is assumed in a written contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; and (c) The "personal and advertising injury" occurs subsequent to the execution of the written contract or written agreement. Solely for purposes of liability so assumed in such written contract or written agreement, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury" described in Paragraph (a)above, provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same written contract or written agreement; and (ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of Section I —Supplementary Payments—Coverages A and B is replaced by the following: d. The allegations in the "suit"and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee. 3. The following is added to the paragraph directly following Paragraph 2.f. of Section I —Supplementary Payments—Coverages A and B: Notwithstanding the provisions of Paragraph 2.e.(2) of Section I —Coverage B--Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "personal and advertising injury" and will not reduce the limits of insurance. F. Medical Payments—Increased Reporting Period Paragraph 1. a of Section I - Coverage C —Medical Payments is replaced by the following; a. We will pay medical expenses as described below for "bodily injury"caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within three years of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. G. Supplementary Payments The following changes apply to Supplementary Payments—Coverages A and B: Paragraphs 1.b. and 1.d. are replaced by the following: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. H. Broadened Property Damage 1. Elevator Property Damage U-GL-1477-B CW(04/13) Page 4 of 9 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. a The following is added to Exclusion j. of Section I —CoverageA—Bodily Injury And Property Damage Liability: Paragraphs (3)and (4) of this exclusion do not apply to "property damage"arising out of the use of an elevator at premises you own, rent or occupy. b. The following is added to Section III —Limits Of Insurance: Subject to Paragraphs 2., 3.and 5. above, the most we will pay under Coverage A for damages because of "property damage" to property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy is$25,000 any one "occurrence". 2. Property Damage To Borrowed Equipment a The following is added to Exclusion j. of Section I —Coverage A — Bodily Injury And Property Damage Liability: Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others at a jobsite. b. The following is added to Section III —Limits Of Insurance: Subject to Paragraphs 2., 3.and 5. above, the most we will pay under Coverage A for damages because of "property damage" to equipment you borrow from others at a jobsite is $25,000 any one "occurrence". I. Expected or Intended Injury or Damage Exclusion a of Section I —Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. J. Definition —Bodily Injury Definition 3. in Section V—Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death sustained by a person which results from that bodily injury, sickness or disease. K. Insured Status—Amateur Athletic Participants Section II —Who Is An Insured is amended to include as an insured any person you sponsor while participating in amateur athletic activities. However, no such person is an insured for: a. "Bodily injury" to: (1) Your "employee", 'Volunteer worker" or any person you sponsor while participating in such amateur athletic activities; or (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company) while participating in such amateur athletic activities; or b. "Property damage" to property owned by, occupied or used by, rented to, in the care, custody or control of, or over which the physical control is being exercised for any purpose by: (1) Your "employee", 'Volunteer worker" or any person you sponsor; or (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). L. Aircraft, Auto Or Watercraft U-GL-1477-B CW(04/13) Page 5 of 9 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Exclusion g. of Section I —Coverage A—Bodily Injury And Property Damage Liability is replaced by the following: g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage"arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long;and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto"is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract"for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage"arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". M. Definitions—Leased Worker, Temporary Worker and Labor Leasing Firm 1. Definitions 10. and 19. in Section V-- Definitions are replaced by the following: 10. "Leased worker" means a person leased to you by a "labor leasing firm" under a written agreement between you and the "labor leasing firm", to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 19. "Temporary worker" means a person who is furnished to you to support or supplement your work force during "employee"absences, temporary skill shortages, upturns or downturns in business or to meet seasonal or short-term workload conditions. "Temporary worker" does not include a "leased worker". 2. The following definition is added to Section V—Definitions: "Labor leasing firm" means any person or organization who hires out workers to others, including any: a Employment agency, contractor or services; b. Professional employer organization; or c. Temporary help service. N. Definitions—Your Product and Your Work Definitions 21. and 22. in Section V—Definitions are replaced by the following: 21. 'Your product": a Means: U-GL-1477-B CW(04/13) Page 6 of 9 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired;and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. 'Your work": a. Means: (1) Work, services or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work, services or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your work"; and (2) The providing of or failure to provide warnings or instructions. O. Priority Of Limits The following paragraph is added to Section III —Limits Of Insurance In the event a claim is made or "suit" is brought against more than one insured seeking damages because of "bodily injury" or "property damage" caused by the same "occurrence" or "personal and advertising injury" caused by the same offense, we will apply the Limits of Insurance in the following order: (a) You; (b) Your "executive officers", partners, directors, stockholders, members, managers (if you are a limited liability company) or "employees"; and (c) Any other insured in any order that we choose. P. Duties in the Event of Occurrence, Offense, Claim or Suit Condition The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to any insured listed under Paragraph 1. of Section II — Who Is An Insured or an "employee" authorized by you to give or receive such notice. Knowledge by other "employees" of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge. In the event that an insured reports an "occurrence" to the workers compensation carrier of the Named Insured and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. U-GL-1477-B CW(04/13) Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Q. Other Insurance Condition Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV—Commercial General Liability Conditions are replaced by the following: 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, this insurance is also primary to and will not seek contribution from any other insurance available to an additional insured provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is property insurance, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is property insurance purchased by you (including any deductible or self insurance portion thereof) to cover premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you (including any deductible or self insurance portion thereof) to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I —Coverage A —Bodily Injury And Property Damage Liability; or (v) That is property insurance (including any deductible or self insurance portion thereof) purchased by you to cover damage to: (i) Equipment you borrow from others at a jobsite; or (ii) Property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy. (b) Any other primary insurance (including any deductible or self insurance portion thereof) available to the insured covering liability for damages arising out of the premises, operations, products, work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. (c) Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an U-GL-1477-B CW(04/13) Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. additional insured on another policy providing coverage for the same "occurrence", claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. R. Unintentional Failure to Disclose All Hazards Condition 6. Representations of Section IV—Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy, you agree: a The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: i. Fail to disclose all hazards existing at the inception of this policy; or ii. Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. S. Transfer Of Rights Of Recovery Against Others To Us / Waiver of Right of Subrogation Condition 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Commercial General Liability Conditions is renamed and replaced by the following: 8. Transfer Of Rights Of Recovery Against Others To Us / Waiver of Right of Subrogation a If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss, we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured's performance begins or when it is signed, whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. T. Liberalization Condition The following condition is added to Section IV—Commercial General Liability Conditions: Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy. All other terms and conditions of this policy remain unchanged. U-GL-1477-B CW(04/13) Page 9 of 9 Includes copyrighted material of Insurance Services Office, Inc.,with its permission.