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HomeMy WebLinkAbout201809100027 CITY OF BREMERTON 201809100027 When recorded,return to: Easece t Rei Fee $ 174 00 Page 1 of '6 a110i2018 09 16 PM City of Bremerton p0l0res Gilmore KitsaP Co Auditor 1600 Oyster Bay Avenue South Bremerton, WA 98337 RECEIVED I` ,CD SEP 0 4 2018 CITY OF BREMERTON WASTEWATER TREATMENT PLANT 40•SHtNG 70: b D NFIF:: fi V cc air . a47 °`NATURP� HILARY S.FRANZ CO!/MISSsONE4 01 EUiLJ( LANDS AQUATIC LANDS OUTFALL EASEMENT EASEMENT NO. 51-077356 Grantor: Washington State Department of Natural Resources Grantee(s): City of Bremerton Legal Description: Govt. Lot 4 (NW1/4 SE1/4), Section 11, Township 24 North, Range 1 East, W.M. Assessor's Property Tax Parcel or Account Number: Not Applicable Assessor's Property Tax Parcel or Account Number for Upland parcel used in conjunction with this Easement: 112401-4-002-2004 THIS AGREEMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and City of Bremerton, a government agency ("Grantee"). BACKGROUND Grantee desires to use state-owned aquatic lands located in Kitsap County, Washington for the purpose of discharging effluent from an outfall pipeline. Grantee has obtained regulatory authorizations for this purpose including,but not limited to, a National Pollutant Discharge Elimination System("NPDES")Permit. Aquatic Lands Outfall Easement(1/17) Page 1 of 41 Easement No.51-077356 EXCISE TAX EXEMPT SEP 0 7 2018 State is willing to grant an easement for a term to Grantee in reliance upon Grantee's promises to operate the outfall in compliance with all laws and permits and in the manner as described in all regulatory authorizations. Nonetheless, State's goals are to promote water re-use and reduce reliance on in-water disposal of waste effluent, storm water and other discharges that affect the use and environmental conditions of state-owned aquatic lands and associated biological communities. Therefore, future grants of easement rights will depend on Grantee's satisfactory progress toward implementation of reasonably practical disposal alternatives. THEREFORE,the Parties agree as follows: SECTION 1 GRANT OF EASEMENT 1.1 Easement Defined. (a) State grants and conveys to Grantee a nonexclusive easement, subject to the terms and conditions of this agreement, over, upon, and under the real property described in Exhibit A and in Section 2 of Exhibit B. In this agreement,the term "Easement"means this agreement and the rights granted; the term "Easement Property"means the real property subject to the easement. (b) This Easement is subject to all valid interests of third parties noted in the records of Kitsap County, or on file in the Office of the Commissioner of Public Lands, Olympia,Washington; rights of the public under the Public Trust Doctrine or federal navigation servitude; and treaty rights of Indian Tribes. (c) This Easement does not include any right to harvest, collect or damage any natural resource, including aquatic life or living plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand, gravel, or other valuable materials. 1.2 Survey and Easement Property Descriptions. (a) Grantee represents that the unrecorded survey referenced in Exhibit A is a true and accurate description of the improvements existing on the portion of the Easement Property that will be used for the operation,use,reconstruction, replacement, installation, maintenance, repair, and removal of one Municipal Wastewater Treatment Plant Outfall Pipe. Grantee warrants that the legal description in Section 2 of Exhibit B is a true and accurate description of the temporary easement area needed for construction purposes. (b) Grantee shall not rely on any written legal descriptions, surveys,plats, or diagrams ("property description")provided by State. Grantee shall not rely on State's approval or acceptance of the legal description in Exhibit A,the legal description in Section 2 of Exhibit B, or any other Grantee-provided property description as affirmation or agreement that legal description in Exhibit A, Section 2 of Exhibit B, or other property description is true and accurate. (c) Grantee shall submit an updated record of survey for State's acceptance within 180 days of completing the Proposed Work described in Exhibit B,but no later Aquatic Lands Outfall Easement(1/17) Page 2 of 41 Easement No.51-077356 than June 28, 2020. Upon State's written acceptance of the updated record of survey,the legal description in the updated record of survey shall supersede and replace the legal description of the Easement Property within Exhibit A. (d) Grantee's submission of the updated record of survey shall constitute a warranty that the updated record of survey is a true and accurate description of the Easement Property boundaries and the "as built"location of all improvements constructed or installed by Grantee within the Easement Property. Grantee's obligation to provide a true and accurate description of the Easement Property boundaries and the as built location of the improvements constructed or installed by Grantee in the updated record of survey is a material term of this Lease. (e) At Grantee's expense, and no later than thirty(30) days after receiving State's written acceptance of the final record of survey, Grantee shall record the final record of survey in the County in which the Easement Property is located. Grantee shall provide State with recording information, including the date of recordation and the file number,within fifteen(15) days after recording the final record of survey. 1.3 Condition of Easement Property. State makes no representation regarding the condition of the Easement Property, improvements located on the Easement Property, the suitability of the Easement Property for Grantee's Permitted Use, compliance with governmental laws and regulations, availability of utility rights, access to the Easement Property, or the existence of hazardous substances on the Easement Property. SECTION 2 USE 2.1 Permitted Use. Grantee shall use the portion of the Easement Property described in Exhibit A for the operation,use, reconstruction,replacement, installation, maintenance,repair, and removal of one Municipal Wastewater Treatment Plant Outfall Pipe (the"Permitted Use"), and for no other purpose. The Permitted Use is described or shown in detail in Exhibit B. Grantee shall use the portion of the Easement Property described in Section 2 to Exhibit B for temporary construction purposes only. 2.2 Restrictions on Use. (a) Grantee shall not cause or permit any damage to natural resources on the Easement Property or adjacent state-owned aquatic lands,regardless of whether the damages are a direct or indirect result of the Permitted Use. (b) Unless approved by State in writing, Grantee shall not cause or permit any filling activity to occur on the Easement Property or adjacent state-owned aquatic land. This prohibition includes any deposit of rock, earth,ballast,wood waste, refuse, garbage, waste matter(including chemical,biological, or toxic wastes), hydrocarbons, any other pollutants, or other matter. Outfall discharges in full compliance with a valid NPDES Permit are not subject to this prohibition. (c) Grantee shall neither commit nor allow waste to be committed to or on the Easement Property or adjacent state-owned aquatic land. (d) Failure to Comply with Restrictions on Use. Aquatic Lands Outfall Easement(1/17) Page 3 of 41 Easement No.51-077356 (1) Grantee's failure to comply with the restrictions on use under this Subsection 2.2 is a breach subject to Subsection 14.1. Grantee shall cure the breach by taking all steps necessary to remedy the failure and restore the Easement Property and adjacent state-owned aquatic lands to the condition before the failure occurred within the time for cure provided in Subsection 14.1. Additionally, Grantee shall mitigate environmental damages in accordance with Paragraph 2.2(d)(3). (2) If Grantee fails to cure the default in the manner described in this Paragraph 2.2(d), State may terminate in accordance with Subsection 14.1. In addition,the State may(1)restore the Easement Property and adjacent state-owned aquatic lands and charge Grantee remedial costs and/or(2) charge Grantee environmental damages. Upon demand by State, Grantee shall pay all remedial costs and environmental damages. (3) Mitigation of Environmental Damages (i) Grantee shall prepare a written plan, subject to State's approval, incorporating measures to (1) eliminate or minimize future impacts to natural resources, (2)replace unavoidable lost or damaged natural resource values, and(3)monitor and report on plan implementation. Grantee shall implement the plan upon State's approval. (ii) Grantee shall compensate State in accordance with Subsection 5.4 for lost or damaged resource values that are not replaceable. (iii) If a regulatory authority requires Grantee to provide mitigation on state-owned aquatic lands, Grantee shall coordinate the proposed mitigation activities with state and obtain an appropriate use authorization prior to commencement of activities. (e) State's failure to notify Grantee of Grantee's failure to comply with all or any of the restrictions set out in this Subsection 2.2 does not constitute a waiver of any remedies available to State. (0 This Section 2.2 does not limit Grantee's liability under Section 8,below. 2.3 Conformance with Laws. Grantee shall keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use of the Easement Property. 2.4 Liens and Encumbrances. Grantee shall keep the Easement Property free and clear of any liens and encumbrances arising out of or relating to its use of the Easement Property, unless expressly authorized by State in writing. 2.5 Interference with Other Uses. (a) Grantee shall exercise Grantee's rights under this Easement in a manner that minimizes or avoids interference with the rights of State,the public or others with valid right to use or occupy the Easement Property or surrounding lands and water. Aquatic Lands Outfall Easement(1/17) Page 4 of 41 Easement No. 51-077356 (b) To the fullest extent reasonably possible, Grantee shall place and construct Improvements in a manner that allows unobstructed movement in and on the waters above and around the Easement Property. (c) Except in an emergency, Grantee shall provide State with written notice of construction or other significant activity on Easement Property at least thirty(30) days in advance. "Significant Activity"means any activity that may affect use or enjoyment by the State,public, or others with valid rights to use or occupy the Easement Property or surrounding lands and water. (d) Grantee shall mark the location of any hazards associated with the Permitted Use and any Improvements in a manner that ensures reasonable notice to the public. 2.6 Amendment Upon Change of Permit Status. State reserves the right to amend the terms and conditions of this Easement whenever any regulatory authority(1)modifies a permit in a manner affecting the provisions of this Easement or(2) allows for a change in the manner of outfall operation including,but not limited to, a change in the type, quality, or quantity of discharge. SECTION 3 TERM 3.1 Term Defined. The term of this Easement for the location described in Exhibit A is Thirty(30)years (the "Term"),beginning on the 1St day of July 2018 (the "Commencement Date"), and ending on the 30th day of June 2048 (the "Termination Date"), unless terminated sooner under the terms of this Easement. The temporary construction easement described in Section 2 of Exhibit B shall terminate upon completion of the Proposed Work described in Exhibit B or on the 31St day of December 2019,whichever date comes first. 3.2 Renewal of the Easement. (a) This Easement does not provide a right of renewal. Grantee may apply for a new Easement,which State has discretion to grant subject to requirements in Paragraph 3.2(b). Grantee must apply for a new Easement at least one (1) year prior to Termination Date and State will respond with denial or consent within ninety(90)days. 3.3 End of Term. (a) Upon the expiration or termination of this Easement, Grantee shall remove Improvements in accordance with Section 7, Improvements, and surrender the Easement Property to State restored to a condition substantially like its natural state before construction and operation of the outfall. (b) If the Easement Property does not meet the condition described in Paragraph 3.3(a), the following provisions apply. (1) State shall provide Grantee a reasonable time to take all steps necessary to remedy the condition of the Easement Property. State may require Grantee to enter into a right of entry or other use authorization prior to the Grantee entering the Easement Property to remedy any breach of this Subsection 3.3. Aquatic Lands Outfall Easement(1/17) Page 5 of 41 Easement No. 51-077356 (2) If Grantee fails to remedy the condition of the Easement Property in a timely manner, State may take any steps reasonably necessary to remedy Grantee's failure. Upon demand by State, Grantee shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Easement Property, lost revenue resulting from the condition of the Easement Property prior to and during remedial action, and any administrative costs associated with the remedial action. (c) The provisions in this Paragraph 3.3 shall apply to the portion of the Easement Property used for temporary construction purposes (legally described in Section 2 of Exhibit B)upon the expiration or termination of the temporary construction easement. SECTION 4 FEES 4.1 Fee. For the Term, Grantee shall pay to State an administrative fee calculated in accordance with RCW 79.110.230(1)payable on or before the Commencement Date. Any payment not paid by State's close of business on the date due is past due. 4.2 Payment Place. Grantee shall make payment to Financial Management Division, 1111 Washington St SE,PO Box 47041, Olympia,WA 98504-7041. SECTION 5 OTHER EXPENSES 5.1 Utilities. Grantee shall pay all fees charged for utilities in connection with the use of the Easement Property. 5.2 Taxes and Assessments. Grantee shall pay all taxes, assessments, and other governmental charges, of any kind whatsoever, applicable or attributable to the Easement and the Permitted Use. 5.3 Failure to Pay. If Grantee fails to pay any of the amounts due under this Easement, State may pay the amount due, and recover its cost in accordance with Section 6. 5.4 Environmental Damages. (a) If required to mitigate for environmental damage under Paragraph 2.2(d)(3)(ii), Grantee shall compensate State for lost or damaged resource values upon State's demand. The value of damages shall be determined in accordance with Paragraph 5.4(b). (b) Unless the Parties otherwise agree on the value, a three-member panel of appraisers will determine the measure of lost or damaged resource values. The appraisers shall be qualified to assess economic value of natural resources. State and Grantee each shall appoint and compensate one member of the panel. By consensus,the two appointed members shall select the third member,who will be Aquatic Lands Outfall Easement(1/17) Page 6 of 41 Easement No.51-077356 compensated by State and Grantee equally. The panel shall base the calculation of damages on generally accepted valuation principles. The written decision of the majority of the panel shall bind the Parties. SECTION 6 LATE PAYMENTS AND OTHER CHARGES 6.1 Late Charge. If State does not receive any payment within ten(10) days of the date due, Grantee shall pay to State a late charge equal to four percent(4%) of the amount of the payment or Fifty Dollars ($50),whichever is greater,to defray the overhead expenses of State incident to the delay. 6.2 Interest Penalty for Past Due Fees and Other Sums Owed. (a) Grantee shall pay interest on the past due fees at the rate of one percent (1%)per month until paid, in addition to paying the late charges determined under Subsection 6.1, above. (b) If State pays or advances any amounts for or on behalf of Grantee, Grantee shall reimburse State for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%)per month from the date State notifies Grantee of the payment or advance. This includes,but is not limited to taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials pursuant to Subsection 2.2 above, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due. 6.3 Referral to Collection Agency and Collection Agency Fees. If State does not receive payment within thirty(30) days of the due date, State may refer the unpaid amount to a collection agency as provided by RCW 19.16.500 or other applicable law. Upon referral, Grantee shall pay collection agency fees in addition to the unpaid amount. 6.4 No Accord and Satisfaction. If Grantee pays, or State otherwise receives, an amount less than the full amount then due, State may apply such payment as it elects. No endorsement or statement on any check, any payment, or any letter accompanying any check or payment constitutes accord and satisfaction. SECTION 7 IMPROVEMENTS 7.1 Improvements Defined. (a) "Improvements," consistent with RCW 79.105 through 79.145, are additions within, upon, or attached to the land. This includes,but is not limited to, structures and fixtures. (b) "Personal Property"means items that can be removed from the Easement Property without(1) injury to the Easement Property, adjacent state-owned lands or Improvements or(2) diminishing the value or utility of the Easement Property, adjacent state-owned lands or Improvements. Aquatic Lands Outfall Easement(1/17) Page 7 of 41 Easement No.51-077356 (c) "State-Owned Improvements"are Improvements made or owned by State. State- Owned Improvements includes any construction, alteration, or addition to State- Owned Improvements made by Grantee. (d) "Grantee-Owned Improvements"are Improvements made by Grantee with State's consent. (e) "Unauthorized Improvements" are Improvements made on the Easement Property without State's prior consent or Improvements made by Grantee that do not conform with plans submitted to and approved by the State. (f) "Improvements Owned by Others"are Improvements made by Others with a right to occupy or use the Easement Property or adjacent state-owned lands. 7.2 Existing Improvements. On the Commencement Date,the following Improvements are located on the Easement Property: 20-inch diameter cast iron pipe; 36-inch diameter reinforced concrete pipe with an 84-foot long diffuser with twenty-one, 5.75-inch diameter ports. The Improvements are Grantee-Owned Improvements. 7.3 Construction,Major Repair, Modification, and Demolition. (a) This Subsection 7.3 governs construction, alteration,replacement,major repair, modification alteration, demolition and deconstruction of Improvements ("Work"). (b) Except in an emergency, Grantee shall not conduct any Work without State's prior written consent, as follows: (1) State may deny consent if State determines that denial is in the best interests of the State. State may impose additional conditions reasonably intended to protect and preserve the Easement Property and/or adjacent state-owned aquatic lands. If Work is for removal of Improvements at End of Term, State may waive removal of any or all Improvements. (2) Except in an emergency, Grantee shall submit to State plans and specifications describing the proposed Work at least sixty(60) days before submitting permit applications to regulatory authorities unless Grantee and State otherwise agree to coordinate permit applications. At a minimum or if no permits are necessary, Grantee shall submit plans and specifications at least ninety(90) days before commencement of Work. (3) State waives the requirement for consent if State does not notify Grantee of its grant or denial of consent within sixty(60) days of submittal. (c) Grantee shall notify State of emergency Work within five (5)business days of the start of such Work. Upon State's request, Grantee shall provide State with plans and specifications or as-builts of emergency Work. (d) Grantee shall not commence or authorize Work until Grantee or Grantee's contractor has: (1) Obtained a performance and payment bond in an amount equal to one hundred twenty-five percent(125%) of the estimated cost of construction. Grantee shall maintain the performance and payment bond until Grantee pays in full the costs of the Work, including all laborers and material persons. (2) Obtained all required permits. Aquatic Lands Outfall Easement(1/17) Page 8 of 41 Easement No.51-077356 (3) Provided notice of Significant Activity in accordance with Paragraph 2.5(c). (e) Grantee shall preserve and protect Improvements Owned by Others, if any (f) Grantee shall preserve all legal land subdivision survey markers and witness objects ("Markers.") If disturbance of a Marker will be a necessary consequence of Grantee's construction, Grantee shall reference and/or replace the Marker in accordance with all applicable laws and regulations current at the time, including, but not limited to Chapter 58.24 RCW. At Grantee's expense, Grantee shall retain a registered professional engineer or licensed land surveyor to reestablish destroyed or disturbed Markers in accordance with U.S. General Land Office standards. (g) Before completing Work, Grantee shall remove all debris and restore the Easement Property, as nearly as possible,to its natural condition before the Work began. If Work is intended for removal of Improvements at End of Term, Grantee shall restore the Easement Property in accordance with Subsection 3.3, End of Term. (h) Upon completing work, Grantee shall promptly provide State with as-built plans and specifications. (i) State shall not charge rent for authorized Improvements installed by Grantee during this Term of this Easement,but State may charge rent for such Improvements when and if the Grantee or successor obtains a subsequent use authorization for the Easement Property and State has waived the requirement for Improvements to be removed as provided in Subsection 7.4. (j) State will not approve plans to construct new Improvements or expand existing Improvements in or over habitats designated by State as important habitat. Grantee shall confirm location of important habitat on Property, if any,with State before submitting plans and specifications. (k) Grantee shall only conduct in-water Work during time periods authorized for such work under WAC 220-660-330, Authorized Work Times in Saltwater Areas, as amended, or as otherwise directed by the Washington Department of Fish and Wildlife (WDFW). (1) Grantee shall bury any new pipeline installation below the sediment surface within nearshore areas. 7.4 Grantee-Owned Improvements at End of Easement. (a) Disposition (1) Grantee shall remove Grantee-Owned Improvements in accordance with Subsection 7.3 upon the expiration,termination, or cancellation of the Easement unless State waives the requirement for removal or State determines that abandonment of Improvements is in the best interests of State. (2) Grantee-Owned Improvements remaining on the Easement Property on the expiration, termination or cancellation date become State-Owned Improvements without payment by State, unless State elects otherwise. State may refuse or waive ownership. Aquatic Lands Outfall Easement(1/17) Page 9 of 41 Easement No. 51-077356 (3) If Grantee-Owned Improvements remain on the Easement Property after the expiration,termination, or cancellation date without State's consent, State may remove all Improvements and Grantee shall pay the costs of removal and disposal. (b) Determination of Removal or Abandonment. (1) State may waive removal of any or all Grantee-Owned Improvements whenever State determines that it is in the best interests of the State. State will consider it in the best interests of the State to waive removal where abandonment is less detrimental than removal to the long term use and management of state-owned lands and resources. (2) If Grantee renews the Easement or enters into a new Easement, State may waive requirement to remove Grantee-Owned Improvements. State also may consent to Grantee's continued ownership of Grantee-Owned Improvements. (3) If Grantee does not renew the Easement or enter into a new Easement, State and Grantee shall coordinate removal or abandonment as follows: (i) Grantee must notify State at least one (1)year before the Termination Date of its proposal to either leave or remove Grantee-Owned Improvements. (ii) State,within ninety(90) days, will notify Grantee whether State (1) does not waive removal or(2) consents to abandonment. (c) Grantee's Obligations if State Consents to Abandonment. (1) Grantee shall conduct Work necessary for abandonment in accordance with Subsection 7.3. (2) The submittal of plans and specifications shall identify means for plugging pipelines and notifying public of abandoned Improvements. (d) Grantee's Obligations if State Waives Removal. (1) Grantee shall not remove Improvements if State waives the requirement for removal of any or all Grantee-Owned Improvements. (2) Grantee shall maintain such Improvements in accordance with this Easement until the expiration, termination, or cancellation date. Grantee is liable to State for cost of repair if Grantee causes or allows damage to Improvements State has designated to remain. 7.5 Disposition of Unauthorized Improvements. (a) Unauthorized Improvements belong to State, unless State elects otherwise. (b) State may either: (1) Consent to Grantee ownership of the Improvements, or (2) Charge use and occupancy fee in accordance with RCW 79.105.200 of the Improvements from the time of installation or construction and (i) Require Grantee to remove the Improvements in accordance with Subsection 7.3, in which case Grantee shall pay use and occupancy fee for the Improvements until removal, (ii) Consent to Improvements remaining and Grantee shall pay use and occupancy fee for the use of the Improvements, or Aquatic Lands Outfall Easement(1/17) Page 10 of 41 Easement No. 51-077356 (iii) Remove Improvements and Grantee shall pay for the cost of removal and disposal, in which case Grantee shall pay use and occupancy fee for use of the Improvements until removal and disposal. 7.6 Disposition of Personal Property. (a) Grantee retains ownership of Personal Property unless Grantee and State agree otherwise in writing. (b) Grantee shall remove Personal Property from the Easement Property by the Termination Date. Grantee is liable for any damage to the Easement Property and to any Improvements that may result from removal of Personal Property. (c) State may sell or dispose of all Personal Property left on the Easement Property after the Termination Date. (1) If State conducts a sale of Personal Property, State shall apply proceeds first to the State's administrative costs in conducting the sale, second to payment of amount that then may be due from the Grantee to the State, and State shall pay the remainder, if any,to the Grantee. (2) If State disposes of Personal Property, Grantee shall pay for the cost of removal and disposal. SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATION 8.1 Definitions. (a) "Hazardous Substance"means any substance that now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance,rule, regulation, or other law relating to human health, environmental protection, contamination,pollution, or cleanup, including,but not limited to,the Resource Conservation and Recovery Act("RCRA"),42 U.S.C. 6901 et. seq., as amended; Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"),42 U.S.C. 9601 et seq., as amended; Washington's Model Toxics Control Act("MTCA"), Chapter 70.105D RCW, as amended; and Washington's Sediment Management Standards, WAC Chapter 173-204. (b) "Release or threatened release of Hazardous Substance"means a release or threatened release as defined under any law described in Paragraph 8.1(a) or any similar event defined under any such law. (c) "Utmost care"means such a degree of care as would be exercised by a very careful,prudent, and competent person under the same or similar circumstances; the standard of care established under MTCA, RCW 70.105D.040. 8.2 General Conditions. (a) Grantee's obligations under this Section 8 extend to the area in, on,under, or above: (1) The Easement Property and Aquatic Lands Outfall Easement(1/17) Page 11 of 41 Easement No.51-077356 (2) Adjacent state-owned aquatic lands where a release or the presence of Hazardous Substances may arise from Grantee's use of the Easement Property. (b) Standard of Care. (1) Grantee shall exercise the utmost care with respect to Hazardous Substances. (2) In relation to the Permitted Use, Grantee shall exercise utmost care for the foreseeable acts or omissions of third parties with respect to Hazardous Substances, and the foreseeable consequences of those acts or omissions, to the extent required to establish a viable,third-party defense under the law, including—but not limited to—RCW 70.105D.040. 8.3 Current Conditions and Duty to Investigate. (a) Hazardous Substances are known to exist in, on,under, or above the Easement Property or adjacent state-owned lands. These are identified in Exhibit C, which is attached for information only and is not incorporated in the Easement. State makes no representations or warranties of any kind or nature regarding the accuracy, completeness, or any other matter relating to Exhibit C. Hazardous Substances other than those identified in Exhibit C may exist in, on,under, or above the Easement Property. (b) This Easement does not impose a duty on State to conduct investigations or supply information to Grantee about Hazardous Substances. (c) Grantee is responsible for conducting all appropriate inquiry and gathering sufficient information concerning the Easement Property and the existence, scope, and location of any Hazardous Substances on the Easement Property or on adjacent lands that allows Grantee to meet Grantee's obligations under this Easement. 8.4 Use of Hazardous Substances. (a) Grantee, its, contractors, agents, employees, guests, invitees, or affiliates shall not use, store, generate,process,transport,handle,release, or dispose of Hazardous Substances, except in accordance with all applicable laws. (b) Grantee shall not undertake, or allow others to undertake by Grantee's permission, acquiescence, or failure to act, activities that: (1) Result in a release or threatened release of Hazardous Substances, or (2) Cause, contribute to, or exacerbate any contamination exceeding regulatory cleanup standards whether the regulatory authority requires cleanup before, during, or after Grantee's use of the Easement Property. (c) If use of Hazardous Substance related to the Permitted Use results in a violation of an applicable law: (1) Grantee shall submit to State any plans for remedying the violation, and (2) State may require remedial measures in addition to remedial measures required by regulatory authorities. 8.5 Management of Contamination. (a) Grantee shall not undertake activities that: Aquatic Lands Outfall Easement(1/17) Page 12 of 41 Easement No. 51-077356 (1) Damage or interfere with the operation of remedial or restoration activities; (2) Result in human or environmental exposure to contaminated sediments; (3) Result in the mechanical or chemical disturbance of on-site habitat mitigation. (b) Grantee shall not interfere with access by: (1) Employees and authorized agents of the Environmental Protection Agency, the Washington State Department of Ecology, health department, or other similar environmental agencies; and (2) Potentially liable or responsible parties who are the subject of an order or consent decree that requires access to the Easement Property. Grantee may negotiate an access agreement with such parties, but Grantee may not unreasonably withhold such agreement. 8.6 Notification and Reporting. (a) Grantee shall immediately notify State if Grantee becomes aware of any of the following: (1) A release or threatened release of Hazardous Substances; (2) Any new discovery of or new information about a problem or liability related to, or derived from,the presence of any Hazardous Substance; (3) Any lien or action arising from the foregoing; (4) Any actual or alleged violation of any federal, state, or local statute, ordinance, rule,regulation, or other law pertaining to Hazardous Substances; (5) Any notification from the US Environmental Protection Agency(EPA) or the Washington State Department of Ecology(DOE)that remediation or removal of Hazardous Substances is or may be required at the Easement Property. (b) Grantee's duty to report under Paragraph 8.6(a) extends to the Easement Property, adjacent state-owned aquatic lands where a release or the presence of Hazardous Substances could arise from the Grantee's use of the Easement Property, and any other property used by Grantee in conjunction with Grantee's use of the Easement Property where a release or the presence of Hazardous Substances on the other property would affect the Easement Property. (c) Grantee shall provide State with copies of all documents concerning environmental issues associated with the Easement Property, and submitted by Grantee to any federal, state or local authorities. Documents subject to this requirement include,but are not limited to, applications, reports, studies, or audits for National Pollution Discharge and Elimination System Permits (NPDES); Army Corps of Engineers permits; State Hydraulic Project Approvals (HPA); State Water Quality certification; Substantial Development permit; and any reporting necessary for the existence, location, and storage of Hazardous Substances on the Easement Property. Aquatic Lands Outfall Easement(1/17) Page 13 of 41 Easement No. 51-077356 8.7 Indemnification. (a) "Liabilities" as used in this Subsection 8.7 means any claims, demands, proceedings, lawsuits, damages, costs, expenses, fees (including attorneys' fees and disbursements),penalties, or judgments. (b) Grantee shall fully indemnify, defend, and hold State harmless from and against any Liabilities that arise out of, or relate to: (1) The use, storage, generation,processing, transportation,handling, or disposal of any Hazardous Substance by Grantee, its contractors, agents, invitees, guests, employees, affiliates, licensees, or permittees occurring anytime Grantee uses or has used the Easement Property; (2) The release or threatened release of any Hazardous Substance, or the exacerbation of any Hazardous Substance contamination resulting from any act or omission of Grantee, its contractors, agents, employees, guests, invitees, or affiliates occurring anytime Grantee uses or has used the Easement Property. (c) Grantee shall fully indemnify, defend, and hold State harmless for any Liabilities that arise out of or relate to Grantee's breach of obligations under Subsection 8.5. (d) Third Parties. (1) Grantee has no duty to indemnify State for acts or omissions of third parties unless Grantee fails to exercise the standard of care required by Paragraph 8.2(b)(2). Grantee's third-party indemnification duty arises under the conditions described in Subparagraph 8.7(d)(2). (2) If an administrative or legal proceeding arising from a release or threatened release of Hazardous Substances finds or holds that Grantee failed to exercise care as described in Subparagraph 8.7(d)(1), Grantee shall fully indemnify, defend, and hold State harmless from and against any liabilities arising from the acts or omissions of third parties in relation to the release or threatened release of Hazardous Substances. This includes any liabilities arising before the finding or holding in the proceeding. (e) Grantee is obligated to indemnify under the Subsection 8.7 regardless of whether a NPDES or other permit or license authorizes the discharge or release of Hazardous Substances. 8.8 Reservation of Rights. (a) For any environmental liabilities not covered by the indemnification provisions of Subsection 8.7, the Parties expressly reserve and do not waive or relinquish any rights, claims, immunities, causes of action, or defenses relating to the presence, release, or threatened release of Hazardous Substances that either Party may have against the other under law. (b) This Easement affects no right, claim, immunity, or defense either Party may have against third parties, and the Parties expressly reserve all such rights, claims, immunities, and defenses. (c) The provisions under this Section 8 do not benefit, or create rights for,third parties. Aquatic Lands Outfall Easement(1/17) Page 14 of 41 Easement No.51-077356 (d) The allocations of risks, liabilities, and responsibilities set forth above do not release either Party from, or affect the liability of either Party for, claims or actions by federal, state, or local regulatory agencies concerning Hazardous Substances. 8.9 Cleanup. (a) If Grantee's act, omission, or breach of obligation under Subsection 8.4 results in a release of Hazardous Substances, Grantee shall, at Grantee's sole expense, promptly take all actions necessary or advisable to clean up the Hazardous Substances in accordance with applicable law. Cleanup actions include,without limitation,removal, containment, and remedial actions. (b) Grantee's obligation to undertake a cleanup under Section 8 is limited to those instances where the Hazardous Substances exist in amounts that exceed the threshold limits of any applicable regulatory cleanup standards. (c) At the State's discretion, Grantee may undertake a cleanup of the Easement Property pursuant to the Washington State Department of Ecology's Voluntary Cleanup Program,provided that Grantee cooperates with the Department of Natural Resources in development of cleanup plans. Grantee shall not proceed with Voluntary Cleanup without Department of Natural Resources approval of final plans. Nothing in the operation of this provision is an agreement by Department of Natural Resources that the Voluntary Cleanup complies with any laws or with the provisions of this Easement. Grantee's completion of a Voluntary Cleanup is not a release from or waiver of any obligation for Hazardous Substances under this Easement. 8.10 Sampling by State,Reimbursement, and Split Samples. (a) Grantee shall conduct sediment sampling, if required, in accordance with Exhibit B. (b) State may conduct sampling,tests, audits, surveys, or investigations ("Tests") of the Easement Property at any time to determine the existence, scope, or effects of Hazardous Substances. (c) If such Tests, along with any other information, demonstrate the existence, release, or threatened release of Hazardous Substances arising out of any action, inaction, or event described or referred to in Subsection 8.4, above, Grantee shall promptly reimburse State for all costs associated with such Tests. (d) State shall not seek reimbursement for any Tests under this Subsection 8.10 unless State provides Grantee written notice of its intent to conduct any Tests at least thirty(30) calendar days prior to undertaking such Tests, except when such Tests are in response to an emergency. Grantee shall reimburse State for Tests performed in response to an emergency if State has provided such notice as is reasonably practical. (e) Grantee is entitled to obtain split samples of any Test samples obtained by State, but only if Grantee provides State with written notice requesting such samples within twenty(20) calendar days of the date of Grantee's receipt of notice of State's intent to conduct any non-emergency Tests. Grantee solely shall bear the additional cost, if any, of split samples. Grantee shall reimburse State for any Aquatic Lands Outfall Easement(1/17) Page 15 of 41 Easement No.51-077356 additional costs caused by split sampling within thirty(30) calendar days after State sends Grantee a bill with documentation for such costs. (f) Within sixty(60) calendar days of a written request (unless otherwise required pursuant to Paragraph 8.6(c), above), either Party to this Easement shall provide the other Party with validated final data, quality assurance/quality control information, and chain of custody information, associated with any Tests of the Easement Property performed by or on behalf of State or Grantee. There is no obligation to provide any analytical summaries or the work product of experts. 8.11 Closeout Assessment. (a) State has discretion to require Grantee to conduct a Closeout Environmental Assessment("Closeout Assessment")prior to Termination of the Easement. (b) The purpose of the Closeout Assessment is to determine the existence, scope, or effects of any Hazardous Substances on the Easement Property and any associated natural resources. The Closeout Assessment may include sediment sampling. Sediment sampling includes those sample locations and parameters reported in Exhibit C as well as any additional testing State may require. (c) State shall provide Grantee with written notice that a Closeout Assessment is required no later than one hundred eighty(180) calendar days prior to the Termination Date, or within ninety(90) days of any valid notice to terminate the Easement earlier than originally agreed. (d) Within sixty(60) days of State's notice that Closeout Assessment is required and before commencing assessment activities, Grantee shall submit a proposed plan for conducting the Closeout Assessment in writing for State's approval. (e) If State fails to approve or disapprove of the plan in writing within sixty(60) days of its receipt, State waives requirement for approval. (f) Grantee shall be responsible for all costs required to complete planning, sampling, analyzing, and reporting associated with the Closeout Assessment. (g) If the initial results of the Closeout Assessment disclose that Hazardous Substances may have migrated to other property, State may require additional Closeout Assessment work to determine the existence, scope, and effect of any Hazardous Substances on adjacent property, any other property subject to use by Grantee in conjunction with its use of the Easement Property, or on any associated natural resources. (h) Grantee shall submit Closeout Assessment to State upon completion. (i) As required by law, Grantee shall report to the appropriate regulatory authorities if the Closeout Assessment discloses a release or threatened release of Hazardous Substances. SECTION 9 ASSIGNMENT Grantee shall not assign any part of Grantee's interest in this Easement or the Easement Property or grant any rights or franchises to third parties without State's prior written consent. State reserves the right to reasonably change the terms and conditions of this Easement upon State's consent to assignment. Aquatic Lands Outfall Easement(1/17) Page 16 of 41 Easement No. 51-077356 SECTION 10 INDEMNITY,FINANCIAL SECURITY,INSURANCE 10.1 Indemnity. (a) Grantee shall indemnify, defend, and hold State, its employees, officers, and agents harmless from any Claims arising out of the Permitted Use or activities related to the Permitted Use by Grantee, its contractors, agents, invitees, guests, employees, affiliates, licensees, or permittees to the fullest extent permitted by law and subject to the limitations provided below. (b) "Claim"as used in this Subsection 10.1 means any financial loss, claim, suit, action, damages, expenses, costs, fees (including attorneys' fees), fines,penalties, or judgments attributable to bodily injury; sickness; disease; death; damages to tangible property, including,but not limited to, land, aquatic life, and other natural resources; and loss of natural resource values. "Damages to tangible property" includes,but is not limited to,physical injury to the Easement Property, diminution of value, and/or damages resulting from loss of use of the Easement Property. (c) Grantee is obligated to indemnify under this Subsection 10.1 regardless of whether any other provision of this Agreement or NPDES or other permit or license authorizes the discharge or release of a deleterious substance resulting in a claim. (d) No damages or fees paid by Grantee to State under other provisions of this Easement are a setoff against Grantee's obligation to indemnify under this Subsection 10.1 (e) State shall not require Grantee to indemnify, defend, and hold State harmless for claims caused solely by or resulting solely from the negligence or willful act of State or State's elected officials, employees, or agents. (f) Grantee specifically and expressly waives any immunity that may be granted under the Washington State Industrial Act, Title 51 RCW in connection with its obligation to indemnify, defend, and/or hold State and its agencies, officials, agents, or employees harmless. Further,the indemnification obligation under this Easement shall not be limited in any way by any limitation on amount or type of damages, compensation, or benefits payable to or for any third party under the worker's compensation acts. (g) Section 8, Environmental Liability/Risk Allocation, exclusively governs Grantee's liability to State for Hazardous Substances and its obligation to indemnify, defend, and hold State harmless for Hazardous Substances (h) Only to the extent RCW 4.24.115 applies and requires such a limitation, if a claim, suit, or action for injuries or damage is caused by or results from the concurrent negligence of(a)the State or State's agents or employees and(b)the Grantee or Grantee's agents or employees,these indemnity provisions shall be valid and enforceable only to the extent of the negligence of the Grantee and those acting on its behalf. 10.2 Insurance Terms. (a) Insurance Required. Aquatic Lands Outfall Easement(1/17) Page 17 of 41 Easement No. 51-077356 (1) Grantee certifies that it is self-insured for all the liability exposures, its self-insurance plan satisfies all State requirements, and its self-insurance plan provides coverage equal to that required in this Subsection 10.2 and by Subsection 10.3, Insurance Types and Limits. Grantee shall provide to State evidence of its status as a self-insured entity. Upon request by State, Grantee shall provide a written description of its financial condition and/or the self-insured funding mechanism. Grantee shall provide State with at least thirty(30) days' written notice prior to any material changes to Grantee's self-insured funding mechanism. (2) Unless State agrees to an exception, Grantee shall provide insurance issued by an insurance company or companies admitted to do business in the State of Washington and have a rating of A- or better by the most recently published edition of Best's Reports. Grantee may submit a request to the risk manager for the Department of Natural Resources for an exception to this requirement. If an insurer is not admitted,the insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. (3) The State of Washington, the Department of Natural Resources, its elected and appointed officials, agents, and employees must be named as an additional insured on all general liability, excess,umbrella,property, builder's risk, and pollution legal liability insurance policies. (4) All insurance provided in compliance with this Easement must be primary as to any other insurance or self-insurance programs afforded to or maintained by State. (b) Waiver. (1) Grantee waives all rights against State for recovery of damages to the extent insurance maintained pursuant to this Easement covers these damages. (2) Except as prohibited by law, Grantee waives all rights of subrogation against State for recovery of damages to the extent that they are covered by insurance maintained pursuant to this Easement. (c) Proof of Insurance. (1) Grantee shall provide State with a certificate(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with insurance requirements specified in this Easement and, if requested, copies of policies to State. (2) The certificate(s) of insurance must reference additional insureds and the Easement number. (3) Receipt of such certificates or policies by State does not constitute approval by State of the terms of such policies. (d) State must receive written notice before cancellation or non-renewal of any insurance required by this Easement, in accordance with the following: (1) Insurers subject to RCW 48.18 (admitted and regulated by the Insurance Commissioner): If cancellation is due to non-payment of premium, provide State ten(10) days' advance notice of cancellation; otherwise, Aquatic Lands Outfall Easement(1/17) Page 18 of 41 Easement No.51-077356 provide State forty-five (45) days' advance notice of cancellation or non- renewal. (2) Insurers subject to RCW 48.15 (surplus lines): If cancellation is due to non-payment of premium,provide State ten(10) days' advance notice of cancellation; otherwise,provide State thirty(30) days' advance notice of cancellation or non-renewal. (e) Adjustments in Insurance Coverage. (1) State may impose changes in the limits of liability for all types of insurance as State deems necessary. (2) Grantee shall secure new or modified insurance coverage within ninety (90) days after State requires changes in the limits of liability. (f) If Grantee fails to procure and maintain the insurance described above within fifteen(15) days after Grantee receives a notice to comply from State, State may either: (1) Deem the failure an Event of Default under Section 14, or (2) Procure and maintain comparable substitute insurance and pay the premiums. Upon demand, Grantee shall pay to State the full amount paid by State,together with interest at the rate provided in Subsection 6.2 from the date of State's notice of the expenditure until Grantee's repayment. (g) General Terms. (1) State does not represent that coverage and limits required under this Easement will be adequate to protect Grantee. (2) Coverage and limits do not limit Grantee's liability for indemnification and reimbursements granted to State under this Easement. (3) The Parties shall use any insurance proceeds payable by reason of damage or destruction to Easement Property first to restore the Easement Property, then to pay the cost of the reconstruction, then to pay the State any sums in arrears, and then to Grantee. 10.3 Insurance Types and Limits. (a) General Liability Insurance. (1) Grantee shall maintain commercial general liability insurance(CGL) or marine general liability(MGL) covering claims for bodily injury,personal injury, or property damage arising on the Easement Property and/or arising out of the Permitted Use and, if necessary, commercial umbrella insurance with a limit of not less than One Million Dollars ($1,000,000) per each occurrence. If such CGL or MGL insurance contains aggregate limits, the general aggregate limit must be at least twice the"each occurrence" limit. CGL or MGL insurance must have products-completed operations aggregate limit of at least two times the "each occurrence" limit. (2) CGL insurance must be written on Insurance Services Office(ISO) Occurrence Form CG 00 01 (or a substitute form providing equivalent coverage). All insurance must cover liability arising out of premises, operations, independent contractors,products completed operations, personal injury and advertising injury, and liability assumed under an Aquatic Lands Outfall Easement(1/17) Page 19 of 41 Easement No. 51-077356 insured contract(including the tort liability of another party assumed in a business contract) and contain separation of insured(cross-liability) condition. (3) MGL insurance must have no exclusions for non-owned watercraft. (b) Workers' Compensation. (1) State of Washington Workers' Compensation. (i) Grantee shall comply with all State of Washington workers' compensation statutes and regulations. Grantee shall provide workers' compensation coverage for all employees of Grantee. Coverage must include bodily injury(including death)by accident or disease, which arises out of or in connection with the Permitted Use or related activities. (ii) If Grantee fails to comply with all State of Washington workers' compensation statutes and regulations and State incurs fines or is required by law to provide benefits to or obtain coverage for such employees, Grantee shall indemnify State. Indemnity includes all fines; payment of benefits to Grantee, employees, or their heirs or legal representatives; and the cost of effecting coverage on behalf of such employees. (2) Longshore and Harbor Worker's Act. The Longshore and Harbor Worker's Compensation Act(33 U.S.C. Section 901 et. seq.)may require Grantee to provide insurance coverage for longshore and harbor workers other than seaman. Failure to obtain coverage in the amount required by law may result in civil and criminal liabilities. Grantee is fully responsible for ascertaining if such insurance is required and shall maintain insurance in compliance with this Act. Grantee is responsible for all civil and criminal liability arising from failure to maintain such coverage. (3) Jones Act. The Jones Act(46 U.S.C. Section 688)may require Grantee to provide insurance coverage for seamen injured during employment resulting from negligence of the owner,master, or fellow crew members. Failure to obtain coverage in the amount required by law may result in civil and criminal liabilities. Grantee is fully responsible for ascertaining if such insurance is required and shall maintain insurance in compliance with this Act. Grantee is responsible for all civil and criminal liability arising from failure to maintain such coverage. (c) Employer's Liability Insurance. Grantee shall procure employer's liability insurance, and, if necessary, commercial umbrella liability insurance with limits not less than One Million Dollars ($1,000,000)each accident for bodily injury by accident or One Million Dollars ($1,000,000) each employee for bodily injury by disease. (d) Pollution Legal Liability Insurance. (1) Grantee shall procure and maintain for the duration of this Easement pollution legal liability insurance, including investigation and defense costs, for bodily injury and property damage, including loss of use of damaged property or of property that has been physically damaged or destroyed. Such coverage must provide for both on-site and off-site Aquatic Lands Outfall Easement(1/17) Page 20 of 41 Easement No. 51-077356 cleanup costs and cover gradual and sudden pollution, and include in its scope of coverage natural resource damage claims. Grantee shall maintain coverage in an amount of at least: (i) Three million Dollars ($3,000,000) each occurrence for Grantee's operations at the site(s) identified above, and (ii) Six Million Dollars($6,000,000) general aggregate or policy limit, if any. (2) Such insurance may be provided on an occurrence or claims-made basis. If such coverage is obtained as an endorsement to the CGL and is provided on a claims-made basis, the following additional conditions must be met: (i) The Insurance Certificate must state that the insurer is covering Hazardous Substance removal. (ii) The policy must contain no retroactive date, or the retroactive date must precede abatement services. (iii) Coverage must be continuously maintained with the same insurance carrier through the official completion of any work on the Easement Property. (iv) The extended reporting period(tail)must be purchased to cover a minimum of thirty-six (36)months beyond completion of work. 10.4 Financial Security. (a) At its own expense, Grantee shall procure and maintain during the Term of this Easement a corporate security bond or provide other financial security that State may approve ("Security"). Grantee shall provide Security in an amount equal to Zero Dollars ($0.00),which is consistent with RCW 79.105.330, and secures Grantee's performance of its obligations under this Easement, with the exception of the obligations under Section 8, Environmental Liability/Risk Allocation. Grantee's failure to maintain the Security in the required amount during the Term constitutes a breach of this Easement. (b) All Security must be in a form acceptable to the State. (1) Bonds must be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VII or better, in the most recently published edition of Best's Reports, unless State approves an exception. Grantee may submit a request to risk manager for the Department of Natural Resources for an exception to this requirement. (2) Letters of credit, if approved by State, must be irrevocable, allow State to draw funds at will, provide for automatic renewal, and comply with RCW 62A.5-101, et. seq. (3) Savings account assignments, if approved by State,must allow State to draw funds at will. (c) Adjustment in Amount of Security. (1) State may require an adjustment in the Security amount: (i) At the same time as revaluation, if any, (ii) As a condition of approval of assignment of this Easement, Aquatic Lands Outfall Easement(1/17) Page 21 of 41 Easement No.51-077356 (iii) Upon a material change in the condition or disposition of any Improvements, or (iv) Upon a change in the Permitted Use. (2) Grantee shall deliver a new or modified form of Security to State within thirty(30) days after State has required adjustment of the amount of the Security. (d) Upon any default by Grantee in its obligations under this Easement, State may collect on the Security to offset the liability of Grantee to State. Collection on the Security does not(1)relieve Grantee of liability, (2) limit any of State's other remedies, (3)reinstate or cure the default or(4)prevent termination of the Easement because of the default. SECTION 11 MAINTENANCE AND REPAIR 11.1 State's Repairs. State shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Easement Property, or any part thereof, during the Term. 11.2 Grantee's Repairs and Maintenance. (a) Grantee shall, at its sole cost and expense, keep and maintain the Easement Property and all improvements (regardless of ownership) in good order and repair, in a clean, attractive, and safe condition. (b) Grantee shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Easement Property or to any improvements on the Easement Property which may be required by any public authority having jurisdiction over the Easement Property and requiring it for public health, safety and welfare purposes. (c) Except as provided in Section 11.2(d), all additions, repairs, alterations, replacements or changes to the Easement Property and to any improvements on the Easement Property shall be made in accordance with, and ownership shall be governed by, Section 7, above. (d) Routine maintenance and repair are acts intended to prevent a decline, lapse or, cessation of the Permitted Use and associated Improvements. Routine maintenance or repair that does not require regulatory permits does not require authorization from State pursuant to Section 7. (e) Upon completion of maintenance activities, Grantee shall remove all debris and restore the Easement Property, as nearly as possible,to the condition prior to the commencement of work. SECTION 12 DAMAGE OR DESTRUCTION 12.1 Notice and Repair. (a) In the event of any known damage to or destruction of the Easement Property or Aquatic Lands Outfall Easement(1/17) Page 22 of 41 Easement No.51-077356 any Improvements, Grantee shall promptly give written notice to State. State does not have actual knowledge of the damage or destruction of the Easement Property or any Improvements without Grantee's written notice. (b) Unless otherwise agreed in writing, Grantee shall promptly reconstruct,repair, or replace any Improvements in accordance with Subsection 7.3, Construction, Major Repair, Modification, and Demolition, as nearly as possible to its condition immediately prior to the damage or destruction. Where damage to state-owned aquatic land or natural resources is attributable to the Permitted Use or related activities, Grantee shall promptly restore the lands or resources to the condition preceding the damage in accordance with Subsection 7.3 unless otherwise agreed in writing. 12.2 State's Waiver of Claim. State does not waive any claims for damage or destruction of the Easement Property unless State provides written notice to Grantee of each specific claim waived. 12.3 Insurance Proceeds. Grantee's duty to reconstruct,repair, or replace any damage or destruction of the Easement Property or any Improvements on the Easement Property is not conditioned upon the availability of any insurance proceeds to Grantee from which the cost of repairs may be paid. The Parties shall use insurance proceeds in accordance with Subparagraph 10.2(g)(3). SECTION 13 CONDEMNATION In the event of condemnation, the Parties shall allocate the award between State and Grantee based upon the ratio of the fair market value of(1) Grantee's rights in the Easement Property and Grantee-Owned Improvements and(2) State's interest in the Easement Property; the reversionary interest in Grantee-Owned Improvements, if any; and State-Owned Improvements. In the event of a partial taking,the Parties shall compute the ratio based on the portion of Easement Property or Improvements taken. If Grantee and State are unable to agree on the allocation,the Parties shall submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. SECTION 14 TERMINATION 14.1 Termination by Breach. State may terminate this Easement upon Grantee's failure to cure a breach of the terms and conditions of this Easement. State shall provide Grantee written notice of breach. Grantee shall have sixty(60) days after receiving notice to cure. State may extend the cure period if breach is not reasonably capable of cure within sixty(60) days. 14.2 Termination by Nonuse. If Grantee does not use the Easement Property for a period of three(3) successive years,this Easement terminates without further action by State. Grantee's rights revert to State upon Termination by Nonuse. Aquatic Lands Outfall Easement(1/17) Page 23 of 41 Easement No. 51-077356 14.3 Termination by Grantee. Grantee may terminate this Easement upon providing State with sixty(60)days written notice of intent to terminate. SECTION 15 NOTICE AND SUBMITTALS 15.1 Notice. Following are the locations for delivery of notice and submittals required or permitted under this Easement. Any Party may change the place of delivery upon ten (10) days written notice to the other. State: DEPARTMENT OF NATURAL RESOURCES Shoreline District 950 Farman Avenue North Enumclaw, WA 98022 Grantee: CITY OF BREMERTON Public Works and Utilities; Wastewater Division 1600 Oyster Bay Avenue South Bremerton,WA 98312 The Parties may deliver any notice in person,by facsimile machine, or by certified mail. Depending on the method of delivery,notice is effective upon personal delivery,upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after mailing. All notices must identify the Easement number. On notices transmitted by facsimile machine,the Parties shall state the number of pages contained in the notice, including the transmittal page, if any. 15.2 Contact Persons. On the Commencement Date, the following persons are designated day-to-day contact persons. Any Party may change the Contact Person upon reasonable notice to the other. State: Kitsap County Aquatic Land Manager 360-825-1631 360-825-1672 Aquaticleasing.shoreline@dnr.wa.gov Grantee: Patric Coxon; Wastewater Manager 360-473-5448 360-473-5455 Patric.Coxon@Ci.Bremerton.WA.US SECTION 16 MISCELLANEOUS 16.1 Authority. Grantee and the person or persons executing this Easement on behalf of Grantee represent that Grantee is qualified to do business in the State of Washington,that Aquatic Lands Outfall Easement(1/17) Page 24 of 41 Easement No. 51-077356 Grantee has full right and authority to enter into this Easement, and that each and every person signing on behalf of Grantee is authorized to do so. Upon State's request, Grantee shall provide evidence satisfactory to State confirming these representations. This Easement is entered into by State pursuant to the authority granted it in Chapter 43.12 RCW, Chapter 43.30 RCW, and Title 79 RCW and the Constitution of the State of Washington. 16.2 Successors and Assigns. This Easement binds and inures to the benefit of the Parties, their successors, and assigns. 16.3 Headings. The headings used in this Easement are for convenience only and in no way define, limit, or extend the scope of this Easement or the intent of any provision. 16.4 Entire Agreement. This Easement, including the exhibits, attachments, and addenda, if any, contains the entire agreement of the Parties. This Easement merges all prior and contemporaneous agreements,promises, representations, and statements relating to this transaction or to the Easement Property. 16.5 Waiver. (a) The waiver of any breach or default of any term, covenant, or condition of this Easement is not a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Easement. State's acceptance of payment is not a waiver of any preceding or existing breach other than the failure to pay the particular payment that was accepted. (b) The renewal of the Easement, extension of the Easement, or the issuance of a new Easement to Grantee, does not waive State's ability to pursue any rights or remedies under the Easement. 16.6 Cumulative Remedies. The rights and remedies under this Easement are cumulative and in addition to all other rights and remedies afforded by law or equity or otherwise. 16.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Easement. 16.8 Language. The word"Grantee" as used in this Easement applies to one or more persons, as the case may be. The singular includes the plural, and the neuter includes the masculine and feminine. If there is more than one Grantee,their obligations are joint and several. The word "persons,"whenever used, includes individuals, firms, associations, and corporations. The word "Parties"means State and Grantee in the collective. The word"Party"means either or both State and Grantee, depending on context. 16.9 Invalidity. The invalidity, voidness, or illegality of any provision of this Easement does not affect, impair, or invalidate any other provision of this Easement. 16.10 Applicable Law and Venue. This Easement is to be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute means that Aquatic Lands Outfall Easement(1/17) Page 25 of 41 Easement No.51-077356 statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Easement is in the Superior Court for Thurston County, Washington. 16.11 Recordation. At Grantee's expense and no later than thirty(30)days after receiving the fully-executed Easement, Grantee shall record this Easement in the county in which the Property is located. Grantee shall include the parcel number of the upland property used in conjunction with the Easement Property, if any. Grantee shall provide State with recording information, including the date of recordation and file number. 16.12 Modification. No modification of this Easement is effective unless in writing and signed by the Parties. Oral representations or statements do not bind either Party. 16.13 Survival. Any obligations of Grantee not fully performed upon termination of this Easement do not cease,but continue as obligations of the Grantee until fully performed. Aquatic Lands Outfall Easement(1/17) Page 26 of 41 Easement No. 51-077356 16.14 Exhibits and Attachments. All referenced exhibits and attachments are incorporated in this Easement unless expressly identified as unincorporated. THIS AGREEMENT requires the signature of all Parties and is effective on the date of the last signature below. STATE OF WASHINGTON DEPARTMENT OF NA URAL RESOURCES Dated: , 204, •;, � ,: By: `KRISTIN S NDDAL ,1gSI0N Title: Acting Deputy Supervisor for Aquatics, �•''•"' OA, Geology and IT •.•oG : oss Address: 950 Farman Avenue North w: z� Enumclaw, WA 98022 o CITY OF BREMERTON Dated: Sud 3 0 , 20 V5W,�.,-,�Q�- By: G WHEELER Title: Mayor Address: 345 6'h Street- Suite 600 Bremerton, WA 98337 Phone: 360-473-5266 Approved as to form this 17th'day of May 2018 Jennifer Clements, Assistant Attorney General Aquatic Lands Outfall Easement(1/17) Page 27 of 41 Easement No.51-077356 4J5' 44/ REVIEWED AND APPROVED BY FOR THE CITY OF BREMERTON BY Dated: ----„ I �' 3 c� , 20 C9 By: ROG. : BOVIC Title: Ci ttomey of ity of Bremerton Dated:3--Vtl 3 0 ,20R? . t O'7 J By: Title: City Clerk for the City of Bremerton Aquatic Lands Outfall Easement(1/17) Page 28 of 41 Easement No.51-077356 REPRESENTATIVE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. County of i,/)`i 4 ) I certify that I know or have satisfactory evidence that GREG WHEELER is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Bremerton to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: SGL 5D , 201 5 A ` /a-AA 1 • (Signature) (Seal or stamp) ir-A ,4 A _ 10e (Print Name) _ 0ftAH A A. ,y%%I 44 •°a►OT +� Notary Public in and for the State of • ' �- 7a Wa •ington residin• at PUBLIC •IA •k Op "• •'• My appointment expires - ;91) V Aquatic Lands Outfall Easement(1/17) Page 29 of 41 Easement No. 51-077356 1 1 STATE ACKNOWLEDGMENT STATE OF WASHINGTON) ) ss. County of--\--.1/\� s k.15,,\) I certify that I know or have satisfactory evidence that KRISTIN SWENDDAL is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Acting Deputy Supervisor for Aquatics, Geology and Information Technology of the Department of Natural Resources of the State of Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: , 20\ s ture) (Seal or stamp) \2- , 10 (Print Name) N R;14. Notary Public in and for the State of Washington,residing at 4. OT ♦Oc vP1J J My appointment expires \ f l • c`. es IWA �. /f Aquatic Lands Outfall Easement(1/17) Page 30 of 41 Easement No.51-077356 2.� .r' 0r\ V. . . � _ � /;4. Q \' fa Me. �\ Jkq / w % . % t & i'• £ � tilt.,~ . #####' & £.4 • #.g��' EXHIBIT A Agreement Number: 51-077356 Legal description of the Easement Property: That portion of the Badlands fronting Government Lot 4, Section 11, Tovwsnsh6o 24 North. Range t First, IV:A4., (itsap County, Woshington. lying within the limits of Q 75 foot wide strip, hang 7,5 /eat on each side of the following described centerline: Commencing 01 the Northwest corner of Section 11. thence South 01 -45.35* West oh'rg the Cost lune thereof 2.551,9t feel to the l=ost quarter corner of soldSection; thence South 7t '48'55" West 2512,66 feat to the Government Afecnder Line Thence 506'4. ;36 W 146 7731 to the kris of Extreme Low ride and the Point of Beginning of this Centerline; Thence CantifluirT South 06443:364 West 95.26 feet. Thence South 00 47O3 Cost 247 74 feet to the Pont of Ter tnotfcn of this description. As shown on that unrecorded survey for the City of Bremerton Sanitary Sewer Outfall, DNR Application No. 51-077356, dated November 7, 2017,By Steven E. Ottmar, PLS, of AES Consultants, Inc. On file at the Washington State Department of Natural Resources Title and Records Office under DNR FILE 51-077356. Square footage of each of these Use classifications: Water-dependent 0.0 Nonwater-dependent 5,145.0 Public Access 0.0 Total square feet 5,145.0 Aquatic Lands Outfall Easement(1/17) Page 31 of 41 Easement No. 51-077356 PLAN OF OPERATIONS EXHIBIT B 1. DESCRIPTION OF PERMITTED USE A. Existing Facilities The existing Bremerton East Wastewater Treatment Plant(East Plant)was commissioned on January 1, 2002 and discharges disinfected primary treated effluent off the eastern shore of the Port Washington Narrows. The East Plant receives domestic sewage from residential and light commercial activities in the city of Bremerton. The treatment system consists of a High Rate Clarification(HRC) system that provides advanced primary treatment. Treatment components include a 100,000- gallon storage tank, a bar screen, a Parshall flume for influent flow measurement, a Ballasted Sand High Rate Clarification(HRC) system, and an ultraviolet(UV) light disinfection system. The discharge outfall is approximately 470 feet long. The shoreward portion of the East Plant outfall consists of a 223-foot, 20-inch diameter cast iron pipe installed in 1947 in association with the former Mannette Treatment Plant. Approximately 100 feet of the cast iron pipe occurs on State Owned Aquatic Land. The terminal portion of the outfall consists of a 244-foot, 36-inch reinforced concrete pipe (RCP) installed in 1972 and an 84-foot diffuser with 26, 5.75-inch ports. The existing outfall discharges at a depth of approximately-25 feet MLLW, and is buried between 2.5 feet and 7 feet to the point of discharge. Approximately one and a half years after the City put the plant in operation, WA State Department of Health(DOH), Shellfish Program, conducted a dye test to determine the fate and transport of the effluent from the East Plant. The study resulted in DOH conditionally opening previously closed shellfish beds in Dyes Inlet. The East Plant operates infrequently for short durations a few times per year. Operation always takes place under adverse weather conditions and with little advanced notice. The plant has discharged peak hour flows in excess of 15 MGD. The current NPDES permit expires in June 2018. The most recent underwater inspection of the outfall was completed in April 2017 and found the existing reinforced concrete pipe to be in good condition. However, inspections in 2008 and 2017 found that the existing diffuser ports were filled with sediment and visual inspection of the portion of the cast iron pipe on the uplands indicated that its capacity may be further reduced due to buildup of corrosion byproducts. Aquatic Lands Outfall Easement(1/17) Page 32 of 41 Easement No.51-077356 B. Proposed Work. Although the East Plant has a design capacity of 20 million gallons per day (mgd),the small diameter of the cast iron pipe and the sedimentation of the diffuser only allows a maximum discharge of 15 mgd. To improve flows Grantee proposes to do the following Proposed Work: • Remove approximately 223 feet of the existing 20-inch diameter cast iron pipe and the associated anchor blocks. o A shored trench will be excavated using excavators on the beach and barge based equipment. o Excavation will commence 20-feet from the bulkhead o A maximum of 1,720 cubic yards of material will be removed. o Excavated material will be stored along the bulkhead or on a barge for onsite reuse or offsite disposal. • Replace the 20-inch diameter cast iron pipe with a 36-inch diameter reinforced concrete pipe. • Open trench to remove 104-feet of the 36-inch diameter reinforced concrete pipe and diffuser. • Install a single port diffuser at the terminus with an elastometric diffuser valve set at a 15 degree vertical bend. Secure the diffuser with up to four helical anchors. • Backfill trenches with native material and large rock to grade. • All portions of the pipe and diffuser which are removed will be disposed of at an approved upland location. Any abandoned pipes which are exposed during excavation will also be removed and disposed of at an upland location. No changes in discharge quantity, quality, or frequency are proposed. Grantee anticipates completing the Proposed Work within the dry season(July-September 2018)to avoid service interruptions. Detailed plans and specifications for the above-described Proposed Work, are shown in Attachment B-1 to this Exhibit B. State grants its consent to the Proposed Work as provided under Paragraph 7.3 of the Lease. Grantee shall conform the Proposed Work to all requirements of this Easement, including Section 7 and the additional obligations of this Exhibit B. Grantee shall complete the Proposed Work by December 31, 2019. Within 30 days after completing the Proposed Work, Grantee shall send State a written notice that states the date Grantee completed the Proposed Work. Upon completion of the Proposed Work,the new outfall will be about 104 feet shorter than the existing outfall. As a result,the new footprint of Grantee's improvements will be smaller than the footprint of Grantee's improvements on the Commencement Date. State may reduce the square footage of the Easement Aquatic Lands Outfall Easement(1/17) Page 33 of 41 Easement No. 51-077356 Property and require Grantee to revise the legal description of the Easement Property to reflect the smaller footprint of the new outfall improvements. C. Permits. Grantee has secured the following permits for the Proposed Work: City of Bremerton,Mitigated Determination of Nonsignificance; BP 16 00081; Ecology SEPA#201700592 dated April 13, 2017 City of Bremerton Exemption from shoreline Substantial Development Permit; dated April 13, 2017 WA Department of Fish and Wildlife,Hydraulic Project Approval; Permit Number 2018-6-32+01 dated January 23, 2018 WA Department of Ecology,Approval of Engineering Report; (NPDES Permit No. WA0029289 dated March 15, 2018 USA Army Corps of Engineers,Nationwide Permit; Permit Number NWS-2017- 980 dated April 2, 2018 WA Department of Ecology, 401 Water Quality Certification and Coastal Zone Management Act Consistency; #NWS-2017-980 dated April 12, 2018 2. LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT That portion of the bedlands fronting Government Lot 4, Section 11, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, being within a strip of land 600 feet in width, 300 feet on each of the following described centerline: Commencing at the northeast corner of Section 11; thence S 01°45'35" W along the east line thereof 2651.91 feet to the east quarter corner of said Section 11; thence S 71°48'55" W 2512.66 feet to the Government Meander Line; thence S 06°43'36" W 148.73 feet to the line of Extreme Low Tide and the Point of Beginning of this centerline; thence continuing S 06°43'36" W 95.25 feet; thence S 00°47'03" E 547.74 feet to the Terminus of this center line description, and from which the east quarter corner bears N 56°49'46" E 2877.08 feet. From the terminus the southerly limit line bears S 75°58'25" E and N 75°58'25" W. The side lines are to extend or end at the southerly limit line and line of extreme low tide. Easement Area=400,460 square feet. Aquatic Lands Outfall Easement(1/17) Page 34 of 41 Easement No. 51-077356 A diagram showing the temporary construction easement area is at Attachment B-2 to this Exhibit B. 3. ADDITIONAL OBLIGATIONS Except for the Proposed Work authorized in Section 1.B. of this Exhibit B, State has not authorized Grantee to conduct any Work on the Property. Where Work will need to be conducted to meet the Additional Obligations below, Grantee shall obtain State's prior written consent in accordance with Section 7.3 of this Easement and obtain all necessary regulatory permits prior to commencing such Work. A. National Pollutant Discharge Elimination System (NPDES) permit i. The NPDES Permit start date is June 2013 and requires renewal at least every 5 years. ii. Grantee shall notify State when they contact the Department of Ecology to apply or renew a National Pollutant Discharge Elimination System (NPDES)permit. iii. Grantee shall notify State of any proposed changes/additions/deletions to the NPDES permit and allow State a reasonable period to comment. iv. Grantee shall submit to State a summary of all Outfall Evaluation Reports, Sediment Sampling Reports, and Overflow bypass information generated for compliance to the NPDES Outfall permit. The summary shall include core findings and sufficient detail to locate the original documents in the Department of Ecology records system. B. Grantee shall not allow Barges and other vessels used during project activities to ground at any time. C. Grantee shall avoid operating or anchoring within known beds of submerged aquatic vegetation. D. Grantee shall limit all excavation to the minimum footprint necessary to complete the Proposed Work. E. Grantee shall remove any derelict pipes or debris in the construction easement which are exposed during excavation. All derelict pipes or debris shall be disposed of at an upland location. Aquatic Lands Outfall Easement(1/17) Page 35 of 41 Easement No. 51-077356 ATTACHMENT B-1 N Y. LL N 6 LU s"r4.. 1 3 a .i = Q Wz WQ 0 a - Z C MZ Wm H W p. Q p O u Y may'.".=".^.LS..•.w:•" V ..- --_. Eno Z InQ OJO t i- - 0.. W FH- i i i -1.) 4 xZZ v max W W W F 00f/ce E x r 13 a m W LI. W 0 Q z 11- gi... .# J ,013 lii- 0. f= ,r .ti, __ W 11.1 el Ce V noa ; 3 dQ I (/) p b /. X yy W r1 rM �; , , o /` W :,xo Z w -.= It— N uO3, Q E Lr — — �—I Aquatic Lands Outfall Easement(1/17) Page 36 of 41 Easement No. 51-077356 r ,.y + A = qq e• •4,, tf7 tYh 1 'i R ' 1 ' hit- CC z. r w g, m -I : h a .e( F eFri a a = ®® ee io � 1 12.JN m W lu i M ; a 1,,,,,Q13.0" - F r u W,n 'FJO WFa car • FOy lar q• tau 0_,a n IL w / a/a'��j+ I/ r ../,•: a - s) 1 W b1 I s H k t 1,.. L in, J7.• f. ', I r} 1 lea. �w_y J --- --- -..J :. -- ----ti <>- \ I N4, yr r _¢t.../ 1 c r::.; i ;•'j. E • x 1 a ____,... ,_; a S � �I� \ M x-I s., s Ga ' ..1` R Is ' . 'p 1 - 1111_CAll ti!.CMh 1-7.F-17/1iI.1!1 W,O- -IFL.!TttwwiriCtt.mtiltl-!WM 1411011a:-1:5f 1Ct131(54-'1:,.. Aquatic Lands Outfall Easement(1/17) Page 37 of 41 Easement No.51-077356 114 ' ' Li -f-Div qbke 1` Ilist, N b4,,-. If. 14'F. 41 4 1,04 IS 05: : I '• - r — •.. ' . •:. I. ; ., a .! . I .... i ,. • . .. . ,, S. 111 1 sc70< ,. I-4-1 /': I 'I .;4111 ,1 2 eIl ,..n. - 4 .,t'• I• p .? ... , ,..,._ • .2 .1 1 F! o SSSI ..l , vg1L-i-nywarj : . II I•••ei 1'''''' ''') — z L • ' , ? , IC, •-4CIC . , 4 t a , • 1.4n Y,... . ' . • 0 : i;-.q [2'2'; .a . t§ I • er, : :. . 11.! 1-0,,,,- - e- — & , ' - ,/ 4 ' • t.. r4 ,,,, E - ' : • — ;;.,„4 ,', gzS • . 2 I / . • d. , ..,.. .. .. • / 6 ' 11J- , • .f. —1 q ••• .• -1 g';' 1 . i 5 ' ' C/5 :E, . •. i 1... FL I 4. Pt. .. - .t.1,0 v.,- • v ..... fl, .;-,t, • . • , , .... $ 0L- '• '- , , l' e - & -- i --"- .•-• ,......,9t, - 'i-74 e• . , i .0.1-N. , -1 0-14141 .. , ktIt44,47(1, I -i• 112 --. F"'-, 4 ;•4 'SP4S .... 4 . e t" , , *k. 22'• go 1 S.,..c. • ''' ,:-..s1 X I '":LI ''', • ,• • F• --!" Et•••:, '. 55 --.:-, -•.,,, ,.,,,, •-• ---., - / ..o 1 3 ' 1 --- .t.:' 9 I i •A 5 -:- "-- , ..," t.' ;Aa, . . I ; • V t . -• Aquatic Lands Outfall Easement(1/17) Page 38 of 41 Easement No.51-077356 u B k ac r a:, ....„,__. .a a ;1,3a J s g e — Is o ' a< z j H v O( z = I .% i 2 2 PVI u ',' K E. i :3 F S — I f FSO.-<m #.. M " I 1 l p K7r _c— --4..'S �i1i X q§ 1 X" WOW i N .......7 -. 1 Fan 1 i us K .2 sy ax /4 e y IF \ [. t.i 1 �I x • S 'i �1 $6 't r .�t d >r�• •a) cwt/, i .t f 3 KIS J A. • �'1 _ d +' ^1� ir-r- L.I ,z .1 C'UJ i ' '•7; ' re 1 I :'-.,?:: ,- n W aff j Z yJ ` 1 7- r s" '1 r V,,vo I j I III I 1 hN-'.0,!'a na.t Sc;2,1,1E1'5,ivy,e.,a'-cT91`.+1 .s,a 7q,•,•Y9 l at'+'`°_'01 suis a-,,nti9F>rI%,f-;,L, Aquatic Lands Outfall Easement(1/17) Page 39 of 41 Easement No.51-077356 ',, 0 aa,a ni : x • e1- Y = 7F,—.6 a _Y' N I 1;1 (12 �, a-u n ani yy Q N r I Fl@ i 4C I, o i PI i LLI \ i = ®i o` 1 ! I Q x 1 FF- 1 �' 1 ' I q Lai �r ; O V W U Q Z,'„ a� -LL5 1IL H ' w -1.--� — `p i',r' et tu B aa a / _ f _ • t 1 I a#S - O I I11-' Z �I 'i» I x5 4' w / '' /41/4. � ° . / n e . Q— , .. ,' I bp II a I "� `� a Ji arES � I 1._ 34:,-,5i1,-......i.,4' ,.�;> tomF +3 i ;7n, ,,� ; I r CJ L..1 �l. w ; .:off r 1 - li • a rI"- i_1 I. ' r 1 w w , , ., .... yw E W r r y FI » ai a_ 15 , I I ' �I , i s zx : it -. __ I a. I. 1 Ns a 1.V..YJ i.M.. NN�NItC_.ev e.)Gv.Y'.Y:M'i1n�f...F*Av tY...F.x.+uN9.ML•i1,F��•Y-ifn:'.•lfi�I�AYa:al:'i Aquatic Lands Outfall Easement(1/17) Page 40 of 41 Easement No.51-077356 ATTACHMENT B-2 \\ I TEMPORARY CONSTRUCTION EA SEMEN T \ co \ Balanced Govt e \Meander Line East Side Treatment Plant Cs�-0\ Concrete Bulkhead - omss.\ --'- 2 N. F \ Existing 8,55`W, o �\\ �� �,Yo\ MH c�71'4 6 ��.� `S� \ - -' 2512 6 o \ \ a .c t a ^ O -,...• 7s =3 to a Erg 0 h E 'PP ox X=1194439.59 Y=217444.66 X=J 195040.07 Y217413.50 n is n W . �Oi O r,� O trial n, P' a �+ Di, Pirrel300 , 300' ' 0 X=1194446.13 Y=216946.69 , it f�,G PORT S�SSBI TOS'N�gR , e szo 6z Situate in the, � .5` 4 Gov't Lot 4 G 4 11 TEMPORARY CONSTRUCTION Y=216796.28 TIM'. 2?4,4N.,. fiG,RC. 1E.,SEC.11 EASEMENT AREA EXHIBIT PREPARED BY CITY OF BREMERTON Aquatic Lands Outfall Easement(1/17) Page 41 of 41 Easement No.51-077356 EXHIBIT C City of Bremerton til Sediment Sampling and Analysis Plan Addendum : Round II Prepared for: City of Bremerton 1600 Oyster Bay Ave. S Bremerton, WA 98312 Prepared by: Cosmopolitan Marine Engineering PO Box 623 Gig Harbor, Washington 98335 October 2016 Exhibit C Page 1 of 35 Easement No.51-077356 CERTIFICATE OF ENGINEER The technical material and data contained in this document were prepared under the supervision and direction of the undersigned, whose seal as a professional engineer licensed to practice as such, is affixed below. Prepared by: \pM A William P. Fox, PE ' of W Asy '� ,� ,/ Cosmopolitan Marine Engineering P.O. Box 623 r v Gig Harbor, Washington 98335 . 23463 �� (253)265-2958 0,�� '�crs-m0 G � SSt0NAL � City of Bremerton October 2016 SSAP Addendum:Round II Exhibit C Page 2 of 35 Easement No.51-077356 TABLE OF CONTENTS Page SECTION 1: INTRODUCTION 4 1.1 Discussion 4 1.1.1 2014 Sampling Plan 4 1.1.2 Sediment Sampling and Report 4 1.1.3 Sampling Report Conclusions 5 1.1.4 Ecology Review 10 1.2 Purpose 11 1.3 Regulatory Guidance 12 SECTION 2: SAMPLING DESIGN 13 2.1 Project and Sampling Design 13 2.2 Sampling Schedule 13 2.3 Proposed Sampling Locations 13 2.3.1 Sand and Gravel Sites 13 2.3.2 West Plant Outfall 15 2.3.3 Supplementary Chemistry 17 2.3.4 Chemistry and Bioassay 17 SECTION 3: FIELD SAMPLING METHODS 21 3.1 Station Positioning 21 3.2 Decontamination Procedures 21 3.3 Sample Collection and Compositing 21 3.4 Field Documentation 22 3.5 Disposal of Contaminated Sediments 23 SECTION 4: SAMPLE HANDLING PROCEDURES 24 4.1 Sample Containers and Labels 24 4.2 Chain of Custody Procedures 24 4.3 Sample Storage Requirements 24 4.3.1 Chemical Testing 24 4.3.2 Biological Testing 25 SECTION 5: LABORATORY ANALYTICAL METHODS 26 5.1 Chemical Analysis 26 5.2 Quality Control 26 5.3 Biological Testing 26 5.3.1 Acute Effects Test,Amphipod 27 5.3.2 Acute Effects Test, Larval 27 5.3.3 Chronic Effects Test 28 5.3.4 Quality Control 29 SECTION 6: QUALITY ASSURANCE/QUALITY CONTROL 30 6.1 Laboratory QA/QC 30 6.2 Data Quality Assurance Review 30 City of Bremerton i October 2016 SSAP Addendum:Round H Exhibit C Page 3 of 35 Easement No.51-077356 TABLE OF CONTENTS Page SECTION 7: DATA ANALYSIS,RECORD KEEPING,AND REPORTING 31 7.1 Data Analysis 31 7.1.1 Sediment Chemistry and Bioassay 31 7.1.2 Data Interpretation 31 7.2 Record Keeping and Reporting 32 SECTION 8: REFERENCES 33 LIST OF TABLES Page Table 1 Sample Results Exceeding SQS/LAET Criteria 5 Table 2 Proposed Sampling Station Coordinates, Chemistry Only 17 Table 3 Proposed Sampling Station Coordinates, Chemistry and Bioassay 17 LIST OF FIGURES Page Figure 1 Photo of Sediment Grab Sample at Station EP-3 7 Figure 2 Hjulstrom Diagram Demonstrating Non-Depositional Environment in Port Washington Narrows Stations EP and 12-2 for Sand and Finer Grades 7 Figure 3 Photo of Sediment Grab Sample at Station WP-4 8 Figure 4 Mercury Concentrations at West Plant Outfall Sediment Stations Compared to USGS (2009) Sediment Mercury Data in Sinclair Inlet 9 Figure 5 Photos of Sediment Grab Samples with High Sand Content 10 Figure 6 Ecology Comments Regarding Additional Sediment Sampling 12 Figure 7 2015 Bremerton Sediment Sampling Outfall Locations 14 Figure 8 Location of PSNS Superfund Operable Units and Bremerton West Plant Outfall 16 Figure 9 OF 6 Sampling Locations 18 Figure 10 OF 12 Sampling Locations 19 Figure 11 OF 13 Sampling Locations 20 Figure 12 Decision Tree for Selecting Appropriate Amphipod Species for Marine/Estuarine Toxicity Tests 27 LIST OF APPENDICES Appendix A: 2015 Sediment Sampling Laboratory Results City of Bremerton ii October 2016 SSAP Addendum:Round H Exhibit C Page 4 of 35 Easement No.51-077356 LIST OF APPENDICES Appendix B: Tables 8-1 and 8-2 from Ecology's Sediment Cleanup User's Manual II Appendix C: Proposed Laboratory Analytes and Methods Appendix D: Tables 4-6 and 4-7 from Ecology's Sediment Cleanup User's Manual II Appendix E: Tables 5-3 —5-5 from Ecology's Sediment Cleanup User's Manual II LIST OF ACRONYMS CSO Combined Sewer Outfall DGPS Differential Global Positioning System EIM Environmental Information Management MDL Method Detection Limit NPDES National Pollutant Discharge Elimination System PQL Practical Quantitation Limit PSEP Puget Sound Estuary Program RI/FS Remedial Investigation/Feasibility Study SCUM II Sediment Cleanup Users Manual II SMS Sediment Management Standards SQS Sediment Quality Standards SSAP Sediment Sampling and Analysis Plan TOC Total Organic Carbon WAC Washington Administrative Code City of Bremerton iii October 2016 SSAP Addendum:Round H Exhibit C Page 5 of 35 Easement No.51-077356 SECTION 1: INTRODUCTION 1.1 DISCUSSION Ecology issued NPDES Permit No. WA0029289 to the City of Bremerton on June 21, 2013. Condition S10 of the permit requires the City to conduct sediment monitoring at the treatment plants and selected Combined Sewer Outfall (CSO) outfall locations. This monitoring is required in order to determine compliance with the SMS for both untreated CSO and treated East and West Plant discharges. The report documenting this monitoring is due February 1, 2018. 1.1.1 2014 Sampling Plan A Sediment Sampling and Analysis Plan(SSAP)was submitted in October 2014 and was approved in November 2014. The approved SSAP established sediment monitoring of the areas surrounding three CSO outfalls (OF-6, OF-7, and OF-13) and both treatment plant outfalls (West and East Plant). An addendum to the SSAP proposed additional sampling at a fourth CSO outfall discharge location(OF-12),which was incorporated into the sampling schedule in summer 2015. Three sampling stations were established at each of the CSO outfall sites, and five sampling stations were established at each of the treatment plant outfalls, for a total of 22 sample sites. The SSAP additionally recommended a tiered testing approach, wherein samples would be tested for sediment chemistry only. If any samples exceeded Sediment Quality Standards (SQS) criteria, a second round of sampling would be triggered for confirmatory chemistry and bioassay testing. 1.1.2 Sediment Sampling and Report Sediment sample collection was performed as described in the SSAP in July and August 2015. Samples were collected over two two-day periods, at intertidal or shallow subtidal stations at low tide on July 29 and 30 and at high slack at deeper stations from a sampling vessel on August 17 and 18. The stations sampled during these two sampling efforts were selected according to their accessibility at either high or low tide. The intertidal or shallow subtidal stations sampled in July were: OF6-1-3, 12-1, 12-3, and 13-1-3. The deeper stations sampled in August were: WP-1-5, EP-1-5, OF7-1-3, and 12-2. The samples were analyzed for the 47 SQS chemicals, conventionals, and dioxins and furans. The full lab results packets are included in Appendix A. Total volatile solids,though included in the SSAP for stations WP-1-5 per Ecology comments, City of Bremerton 4 October 2016 SSAP Addendum:Round H Exhibit C Page 6 of 35 Easement No.51-077356 were inadvertently omitted from the sediment chemistry. This omission will be addressed in the second round of sampling to be conducted. A draft Sediment Monitoring Study Report documenting the results of the sediment sampling was submitted to Ecology in January 2016. Data results were uploaded to Ecology's Environmental Information Management(EIM)Database under the study name BREMSED2015. The report was not approved by Ecology due to errors in the results tables and references to older versions of guidance documents. However,the bulk of the report's conclusions are unaffected by these errors and are summarized below. Corrected results tables are included in Appendix A. 1.1.3 Sampling Report Conclusions The sediment sampling stations and chemistry results can be split up into three distinct categories,which are discussed below. Table 1 Sample Results Exceeding SQS/LAET Criteria Sand Stations Parameter SQS SIZMax 13-1 13-2 6-2 NON-IONIZABLE ORGANIC COMPOUNDS(mg/kg,organic carbon) Dilution Factor 10 10 10 TOC 0.71 0.57 2.00 Chlorinated Benzenes 1,2-Dichlorobenzene 2.3 2.3 3.4 4.2 1,4-Dichlorobenzene 3.1 9 3.5 4.4 1,2,4-Trichlorobenzene 0.81 1.8 3.7 4.6 1.3 Hexachlorobenzene 0.38 2.3 4.6 5.8 1.7 Phthalate Esters Butyl benzyl phthalate 4.9 64 5.2 6.5 Bis[2-ethylhexyl]phthalate 47 78 150 Miscellaneous Hexachlorobutadiene 3.9 6.2 4.2 5.3 IONIZABLE ORGANIC COMPOUNDS(µg/kg,dry weight) 2,4-Dimethylphenol 29 29 63 63 63 Benzoic acid 650 650 960 960 960 City of Bremerton 5 October 2016 SSAP Addendum:Round H Exhibit C Page 7 of 35 Easement No.51-077356 Table 1 Sample Results Exceeding SQS/LAET Criteria Parameter SQS SIZMax Sand Stations 6-1 6-3 12-1 12-3 13-3 NON-IONIZABLE ORGANIC COMPOUNDS(mg/kg,organic carbon) Dilution Factor 5 5 10 10 5 TOC 0.24 0.23 0.33 0.41 0.22 Chlorinated Benzenes Hexachlorobenzene 22 70 33 33 Miscellaneous Hexachlorobutadiene 11 120 15 15 30 30 15 N-nitrosodiphenylamine 28 40 32 32 IONIZABLE ORGANIC COMPOUNDS(µ.g/kg,dry weight) 2,4-Dimethylphenol 29 29 63 63 32 32 32 Benzoic acid 650 650 960 960 --- Mud Stations Parameter SQS SIZMax WP-1 WP-2 WP-3 WP-4 WP-5 Dilution Factor 1 varies varies 1 1 TOC 4.49 8.43 3.87 5.57 3.85 METALS(mg/kg,dry weight) Mercury 0.41 0.59 0.784 0.882 1.04 1.04 0.742 Phthalate Esters Butyl benzyl phthalate 63 900 4500(2) (1) Bis[2-ethylhexyl]phthalate 1300 1900 8500(3) (2) -- Miscellaneous Total PCBs 130 1000 (1) 00) (1) Dilution factor of 1 (2) Dilution factor of 5 (3) Dilution factor of 10 Gravel Stations All of the East Plant sediment stations (EP-1, EP-2, EP-3, EP-4 and EP-5) and the offshore station at OF-12 (12-2) consisted of over 90 percent gravel content. A photo of the most successful grab sample at Station EP-3 is shown below in Figure 1. City of Bremerton 6 October 2016 SSAP Addendum:Round H Exhibit C Page 8 of 35 Easement No.51-077356 0 Ilitc . , ilp 4r a fi Al Figure 1 Photo of Sediment Grab Sample at Station EP-3 The EP stations and the offshore 12-2 station are located in very swift tidal currents,with average daily maximum current speeds exceeding 1.1 meter/second(NOAA Tidal Current Predictions, Port Washington Narrows). As shown in the Hjulstrom Diagram in Figure 2 below, the maximum current speed and observed grain size (pebbles) are wholly consistent. r.4, I VS S F.S !d SI CS bK7 S Crarx 1 ''PAMPA `.a,... � fi� �, F"t9CsN Arm LE'.rStSP`)RT 1,, ter sx,., 4- in t Etotoon of b'ik cnsoP aate1 rr+.. OFF411rr>t^,?, TRANSPORT,N SUSrENS Of. i o for fxrw depth oft.ns!rF The ark or?s,..rt 1te a cos vruy kr dl nrnc (Aaw*peps and afferent seoment character;zhcs I i t Figure 2 Hjulstrom Diagram Demonstrating Non-Depositional Environment in Port Washington Narrows Stations EP and 12-2 for Sand and Finer Grades City of Bremerton 7 October 2016 SSAP Addendum:Round H Exhibit C Page 9 of 35 Easement No. 51-077356 It is not feasible to sample chemistry for the stations consisting predominantly of gravel. These sites are clearly not depositional environments, and therefore no further sediment sampling should be required at these locations. Mud Stations All of the West Plant sediment sampling stations consisted predominantly of fine-grained particles (though WP-3 alone had some fine sand), and would commonly be categorized as typical bay mud. Total organic carbon content of 4-8% and total sulfides exceeding 500 mg/kg are consistent with this characterization. A typical photo of a WP sediment sample is shown in Figure 3. Per Table 1,the West Plant sediment samples met all SQS/LAET criteria with the exception of mercury and, in the case of WP-2 and 3,two phthalates and total PCBs. Phthalates and PCBs are not typically associated with WWTP discharges. However,they are commonly associated with stormwater or CSO discharges,which have occurred in the vicinity of the West Plant Outfall. Additional investigation may be required to confirm the high phthalate and PCB concentrations at WP-2 and 3 and assess potential sources. • .a} � J Y. • �,j�. ... t .slEW • w SW t 11111141( Figure 3 Photo of Sediment Grab Sample at Station WP-4 City of Bremerton 8 October 2016 SSAP Addendum:Round H Exhibit C Page 10 of 35 Easement No. 51-077356 Figure 4 shows the range of mercury concentrations observed at the five West Plant Outfall stations with other sediment data in Sinclair Inlet provided in a 2009 USGS investigation of mercury concentrations in Sinclair Inlet. The observed mercury concentrations are in the middle of the range of other sediment stations in Sinclair Inlet. Remediation of the sediments in Sinclair Inlet, including those around the West Plant Outfall,will come from the remedial investigation/feasibility study(RI/FS)being conducted by USGS. s Region t— O Off OU A,qualified 0 5 A OUB Marine lJl Outside of OU B Marine Outside of OU B Marine,Qualified 4 — 0 0 Ce O A J 3 A W Oa f A RRN E OF 2 ERC-LtR.1CaiVK. 0 0 cc cc OI=i5F2_VeD 4 Ak VY P 5 TATtOn}5 A A • AAA J • ` ..e.° At> a A t A • M • • i ♦ • A• 0 5.000 10,000 15,000 20,000 25,000 TOTAL ALUMINUM, IN MILLIGRAMS PER KILOGRAM, DRY WEIGHT Figure 4 Mercury Concentrations at West Plant Outfall Sediment Stations Compared to USGS (2009) Sediment Mercury Data in Sinclair Inlet Sand Stations The remaining stations (OF-6, OF-7, OF-13, and OF-12)were all predominantly sand or sand and gravel. All of these stations had percent fines below 10 percent. Typical photos of sediment samples are shown in Figure 5. City of Bremerton 9 October 2016 SSAP Addendum:Round H Exhibit C Page 11 of 35 Easement No.51-077356 .0A/4*- YID .IOW r ♦ 1 .� • Station 6-1 Station 12-3 Figure 5 Photos of Sediment Grab Samples with High Sand Content These stations all had very low concentrations of sulfides, ammonia and TOC compared to mud samples, and typically no odor. The TOC of all but three of these stations (0F13-1, 13-2, 6-2) fell below the 0.5 percent threshold for carbon normalization, and are thus compared to LAET dry weight criteria. The only detected compound at any sand station that exceeded SQS or LAET criteria was bis[2- ethylhexyl]phthalate at Station 6-2. Station 6-2 is located straight offshore of the CSO Outfall OF-6 and a municipal storm drain. Station 6-2 also had the highest TOC of all sand stations at 2.0 percent, approximately three times higher than the next highest sand station, suggesting there is some organic input from the CSO and/or stormwater outfalls. The only quality issue with the laboratory analysis was the aforementioned elevated reporting limits for the sand stations. As a result,there are a number of non-detected compounds at sand stations where the detection level exceeded SQS or LAET criteria, shown in blue type in Table 1. Although there is no reason to suspect that any of the sand stations would exceed criteria, Ecology may require resampling at all or some of these stations. Measures to reduce the detection levels by eliminating laboratory dilutions should be investigated and coordinated between the analytical laboratory and Ecology laboratory experts. 1.1.4 Ecology Review A letter from Ecology dated March 29, 2016 regarding the sediment study report contains comments which fall broadly under a few categories: City of Bremerton 10 October 2016 SSAP Addendum:Round II Exhibit C Page 12 of 35 Easement No.51-077356 • References to old or outdated guidance, analytical methods, and criteria. These references have been corrected in the updated results table and the following SSAP, and will be updated in the final data report due in 2018. • Errors and inconsistencies in data result reporting, such as incorrect station coordinates, comparison to SQS instead of LAETs for stations with high concentrations of organic carbon, and differing units between some results and criteria. These errors have been corrected in the following SSAP, in the updated results tables in Appendix A, and in the final data report. • Various formatting requirements for the results tables. These comments have also been addressed in the updated results tables in Appendix A. • Omission of various components of the data report, including a reference to the EIM study ID, a comparison of study results with historical sediment conditions, further discussion of lab quality control, and various figures. These omissions will be addressed in the final data report due in 2018. • Requirements for further chemical and bioassay analyses. The rest of this document will address these requirements. 1.2 PURPOSE This Round II SSAP is intended to address the two bullet points at the top of page 5 of the March 29, 2016 Ecology letter(Figure 6). These comments pertain to the additional sampling that must be performed due to chemical exceedances at several sampling stations. City of Bremerton 11 October 2016 SSAP Addendum:Round II Exhibit C Page 13 of 35 Easement No.51-077356 Lazaro Eleuterio,P_E_,NWRO/WQP City of Bremerton Sediment Monitoring March 29,2016 Page 5 of 6 o Based on the chemicals results from the 2015 sampling event,confirmatory designation of sediments using bioassays was required per WAC 173-204- 310(2Xa). • Please include a discussion in the data report outlining which stations should be included in bioassays. o Additionally,chemistry results presented in the data report are inconclusive due to detection limits above the SMS criteria provided in WAC 173-204-320. • The analytical results only show that the chemical is present and does not quantify at what concentration. • Therefore,samples will need to be recollected and analyzed for chemistry using better detection methods along with all conventionals. Figure 6 Ecology Comments Regarding Additional Sediment Sampling The rest of this document comprises an addendum to the 2014 SSAP for round two of sediment sampling. Its purpose is to: • Establish additional sampling to be conducted for confirmatory chemical and bioassay testing,per Ecology comments • Update the 2014 SSAP according to current guidance and sampling and analysis methods 1.3 REGULATORY GUIDANCE Washington State has enacted sediment management standards (SMS)to "reduce and ultimately eliminate adverse effects in biological resources and significant health threats to humans from surface sediment contamination..." (WAC 173-204-320(2)). The SMS include chemical concentration and biological effects criteria,known as the sediment quality standards(SQS). These criteria are available in Tables 8-1 and 8-2 of the 2015 Department of Ecology(Ecology) document entitled Sediment Cleanup Users Manual II, or SCUM II. Copies of the SQS are included in Appendix B. City of Bremerton 12 October 2016 SSAP Addendum:Round H Exhibit C Page 14 of 35 Easement No.51-077356 SECTION 2: SAMPLING DESIGN 2.1 PROJECT AND SAMPLING DESIGN Chemical analytes for this sediment study will include the 47 SQS chemicals and conventional sediment variables listed in Appendix C. The previous SSAP recommended using a tiered testing approach wherein biological assay testing(also known as bioassay or toxicity testing)would only be conducted if a sample exceeds one of the chemical SQS. Sediments will be collected for biological analysis at select sampling sites which failed chemical tests, and will follow the procedures described herein. 2.2 SAMPLING SCHEDULE Subject to DNR and Ecology approval of this SSAP Addendum,the sediment sampling described in herein will be conducted in Summer 2017. Prior to sampling, the sampling personnel will coordinate with the marine vessel contractor to check all provided sampling gear and confirm an appropriate sampling date. Laboratories will also be contacted to arrange delivery of the necessary sampling containers and schedule lab analyses of the samples. 2.3 PROPOSED SAMPLING LOCATIONS The 2014 SSAP proposed sampling at four CSO outfall locations and both treatment plant outfall locations (Figure 7). Three stations were proposed at each CSO outfall location, and five at each treatment plant outfall location, for a total of 22 sample stations. 16 of these sites were sampled for sediment chemistry and conventional parameters during the 2015 sampling study. 2.3.1 Sand and Gravel Sites Six of the sampling sites (EP-1-5, OF12-2) are in very high current speed locations and consist exclusively of coarse sand and gravel. These sites yielded very low amounts of sediment, and were analyzed for grain size only(with the exception of site EP-2,which was abandoned after eleven unsuccessful sampler casts). This SSAP Addendum proposes no further sampling at these sites, as they are clearly not depositional sites (see discussion in Section 1.1.3). This SSAP Addendum also proposes no additional sampling at OF7, as none of those samples exceeded chemical SQS and consisted largely of sand-sized particles. City of Bremerton 13 October 2016 SSAP Addendum:Round H Exhibit C Page 15 of 35 Easement No.51-077356 9S£LLO I S 'oN luawas>?g S£Jo 91 a$Ed �igigxg Sir ' 4 - .. '..:"4'. ,e,--*- '''' -4=-17 , ,i',4,"::: ' - ' ' 4:T1'-4—.1.. ' ii; f;„; ' '. ''' . ''' '''-'4‘1..• 4 ' . .- . '',!, , .: -;':- 2 „„.„,:•.:,P., IC ,_ iii )11 ,4., .4 . — . t -, . .:1_,,, . , , 4,,. m e -- . s zr • ''*w" it i.,. `Y1i ' 6- i41, L t . r , TA* • 7L :104`.5 xY - A. -` i1h �• ? .1* 1 L1 f-9 , .0t ,, � .1 4' ..- -, .",:"-*. - ' -. •., ,4*'"*- "0- '''. *---7-- Tr, ?, tre , a `,.. ..N. i . '�, ,,_{ ,_ x 1 I _ } iie,'t �y'i ""` ',* tat _. _ 40_7,it,,,,,;-, ' fPgrt' ...7" .,k4±,,,',-,e,'.,T,,4,' , ..-.4%,4,,,i, ....-;q41i - :-', .„ r '•'...'.-1.- .. N , _ Aa - `:' J 40 w� n, ma' 4a- . - .-.P . , #` mss: a t#-t,0' t ,- d ,,c; " , • 4A041....„4„.1.. ,�S� r I� iv,' .,,,,,,,i-,,. � wf' 14, "# 41%44- \ 7. .. 4t 1,i i —a�'a,.�, = ,tea "+ t ay r( -- s , ,r '✓ m R- an y • ••• CM CD p Sia .� F CQ +17 5 ;i a i O ro �� Mc a, ir � +f-,13) gyF ' J /�pp — �g al o Q �. DJ r ;fib 0 O , #;. 2.3.2 West Plant Outfall All five of the West Plant outfall sediment stations exceeded SQS for mercury. Two of the West Plant stations also had exceedances of phthalate SQSs. Under the SMS, these stations should include biological testing. However,this SSAP does not include biological sampling at these stations for the following reasons: • The West Plant outfall is located within Operable Unit B of the Puget Sound Naval Shipyard Superfund Site (see Figure 8). The Record of Decision(USEPA, 2000)has established remedial action for sediments that include the West Plant outfall site. • Mercury found in the sediments near the West Plant outfall is attributed to historic naval shipyard activities, and is not associated with the West Plant discharge. As was shown in Figure 4, the mercury concentrations observed at Stations WP-1 through WP-5 are all within the range of mercury concentrations elsewhere in Operable Unit B of the Superfund site. • Sediment investigations prior to and subsequent to the Record of Decision have already included biological sampling near the West Plant outfall. All remedial activities and decisions within the Superfund Site, including biological sampling, should be conducted under the CERCLA umbrella and the ENWEST project. City of Bremerton 15 October 2016 SSAP Addendum:Round H Exhibit C Page 17 of 35 Easement No.51-077356 a) r c o CD N Ma CD CO C/) t70 ""* I Z N ., CD C U T o `2 5 F .'. t ,e1x a `0 y (n Wz _ .... e88888d1 c c E 7 d •� ` IC1101:190009 - A RS ED 4- ----+ a e 8 I ; a V Q•a *'• 84 r a n - € K - II 11'. ra .. g5g "iA ill a0,3 d I L - Z 000000 O1 I s a Iw-I — ,Y i " LL • µ.,.i1 -.0'" i • LL- !. ' .•�' v :L „ G- to, s i, �jG. lit„.4 4 I5 i — 16 , . , „ ... .;- iiiirma • 9:C° • h. •',L ate:`�r .h . -' ,co iv - Y w r r Wg C I MSI • % •••: 2.3.3 Supplementary Chemistry Three stations are proposed for supplementary chemistry resampling, one at each CSO outfall site where detection levels exceeded SQS criteria. Parameters at these sites were all undetected, and exceedances were due to elevated MDLs resulting from sample dilutions. This SSAP proposes these sites only be retested for sediment chemistry and conventional parameters,with efforts made with the laboratory to ensure MDLs are below SMS criteria. Sediment characteristics were sufficiently similar at the sample sites for each CSO outfall location, and chemistry results were comparable; therefore only one sample is proposed for each CSO outfall location instead of three. The sites proposed for resampling are OF6-1, 12-1, and 13- 2 (Figures 9-11). Table 2 Proposed Sampling Station Coordinates, Chemistry Only Station N 47° W 122° Depth(ft) OF6-1 35.15' 38.777' 1 0F12-1 34.703' 38.273' 2 0F13-2 34.644' 37.812' 0 2.3.4 Chemistry and Bioassay Station OF6-2 had detected parameters at concentrations exceeding SMS criteria. Therefore, Station OF6-2 will be sampled for chemistry and bioassay testing(Figure 9). Reference sediments for this station must also be collected for the bioassay analysis. The reference site will be chosen based on sediment characteristics at OF6-2 and Ecology guidance. Table 3 Proposed Sampling Station Coordinates, Chemistry and Bioassay Station N 47° W 122° Depth(ft) OF6-2 35.14' 38.77' 3 City of Bremerton 17 October 2016 SSAP Addendum:Round H Exhibit C Page 19 of 35 Easement No.51-077356 ,... ., ,- - :•--1,;„,*,#l,;'-r;-", ;_1": 4'1-4' '''''m' ,,- 41 .. c _ , woe • O:' Esq ' ®co Y J CD JL 4.` ;y M , .nom .x+, (-I". R 4 . W q xr "C" z . 1} C D j _ _� .,, a faq x V ` U) ` ' ,t 0 CO /i (n r r 0 0 o''' it-- 40---...... Exhibit C Page 20 of 35 Easement No.51-077356 OF 12-2 r - m...4.: x I.' Chemistry Only.mat' Figure OF 12 Sampling Locations �oCmopouT�� Q1GIN{t11ING Chemistry and Bioassay Exhibit C Page 21 of 35 Easement No. 51-077356 r CD 0 G3 47:3 0.30) i,r. _ C 'p"1/4 ,� E Cn LL • � tir a,/ �= ` as cn , CO 0'Q� - x 1� - �' DO— O a- .,x .: t ani ani 1‘t ,r� 0 0 ; , ,,, .,,,,, liv,, ,. .\,.. 4_4 : , ,,A.i. 71 • ,,... . ° .,..„. 4' '''' ''''' 4 V a z z G''a " € — L—}a tr ''- ki € '` s'w' 3',� = .' ,�kb Abe Arid ,}. b F-�_'1 ,,,,,1'.-4 t 4, .:„, .,. „..,,of ,•ili•,,,_,.a.3- "+*'.,,'"-t.,./c-3X 4:1'. . '''''''', 1,;:: .• •,. ./',It : 11- L Exhibit C Page 22 of 35 Easement No. 51-077356 SECTION 3: FIELD SAMPLING METHODS 3.1 STATION POSITIONING The stations for sediment sampling will be located in the field and documented using WAAS differential global positioning system(DGPS)technology. Station locations will be reported in latitude and longitude. Water depth will also be recorded at the time of sampling. 3.2 DECONTAMINATION PROCEDURES The field sampling equipment, including the sampler and any stainless steel bowls and spoons used for compositing samples,will be decontaminated in the laboratory using the following procedure,per SCUM II recommendations: • Scrub equipment with phosphate free detergent such as Alconox® • Rinse with hot tap water or clean site water • Air dry equipment • Wrap equipment in plastic wrap In the field the equipment will be cleaned of all adhering sediment with site water. In addition, sediment will be removed from the sampler by collecting the sample without contacting any surfaces of the sampling device to minimize the risk of contamination. 3.3 SAMPLE COLLECTION AND COMPOSITING Sediment samples will be collected with a surface sediment sampler, either a van Veen or Ponar grab sampler, deployed from a research vessel with a power winch. Only the top 10 cm of any collected sample will be extracted from the sampler. Water will be carefully removed with a turkey baster to minimize loss of fines. Sediment samples will be inspected to meet acceptance criteria such as,the sampler is not overfilled,presence of overlying water, and depth of penetration into the sediment surface. Samples that do not satisfy the acceptance criteria will be rejected. City of Bremerton 21 October 2016 SSAP Addendum:Round II Exhibit C Page 23 of 35 Easement No.51-077356 Based on prior sampling conducted in 2015,very low productivity in sampling is anticipated at some stations. Multiple casts are expected to be needed to obtain the required sample volume, and many casts will be discarded. Therefore, multiple casts will be made as close to the original cast as possible to collect the required volume of sediment for all the laboratory analyses. Sediment from multiple casts at a single station will be homogenized using a decontaminated stainless steel bowl and stainless steel spoon prior to placing the sample in the appropriate laboratory testing container. Minimum sediment sample sizes required for the analytical tests are listed in Table 4-6 (copy provided in Appendix D) of SCUM II. If multiple casts are required, samples for the total sulfides and volatile organic compounds tests will be obtained directly from the sampler and placed in the appropriate laboratory container prior to homogenizing and sub-sampling sediment for the other analyses. These sample jars should have no headspace. 3.4 FIELD DOCUMENTATION A field notebook will document all field sampling activities, including: • General information, such as field personnel, start and end time, weather conditions, and other miscellaneous observations • Decontamination procedures for field sampling equipment, collection method, sample depth,number of casts, water depth to sediment surface, time and date of sample collection, sample identification name, and sampler name • Station coordinates for each sampler cast • General observations of sample makeup, including odor, color, and texture, and obvious signs of contamination • Type and quantity of material (woody debris,rocks, shells, etc)removed from a sample grab before homogenization Each set of samples will be documented and transported to the analytical laboratory using the Laboratory Analytical Request and Chain of Custody forms. City of Bremerton 22 October 2016 SSAP Addendum:Round H Exhibit C Page 24 of 35 Easement No.51-077356 3.5 DISPOSAL OF CONTAMINATED SEDIMENTS SCUM II notes that it is standard practice in most sediment studies to return excess sediments to the water near the sampling station if they show no obvious signs of contamination. However, if there is reason to believe that there is sufficient contamination to render this practice unsafe, excess sediment should be retained on board and safely disposed of on shore. City of Bremerton 23 October 2016 SSAP Addendum:Round H Exhibit C Page 25 of 35 Easement No. 51-077356 SECTION 4: SAMPLE HANDLING PROCEDURES 4.1 SAMPLE CONTAINERS AND LABELS The testing laboratory will provide the appropriate sample containers. The containers will have been cleaned and prepared by the laboratory according to the methods described in the PSEP protocols. The laboratory will provide any necessary preservatives according to the testing requirements. Each sample container will have a self-adhesive label, also provided by the testing laboratory. The following information will be recorded on the label at the time of sample collection: project name, sample station number, sampler name, date and time, laboratory test procedure, and preservative, if required. 4.2 CHAIN OF CUSTODY PROCEDURES A Laboratory Analytical Request and Chain of Custody form will be completed at the time of sampling. One copy of the form will be placed in a waterproof bag and attached to the inside of the cooler. This form will identify each sample by its individual identification number and the date and time collected, and will also identify the analyses requested for each sample. One copy will also be retained by the project manager. The cooler will be sealed and kept in a secure location until delivery to the laboratory. 4.3 SAMPLE STORAGE REQUIREMENTS 4.3.1 Chemical Testing Samples to be delivered to the laboratory will be kept on ice at 4°C until they are shipped, and will be delivered within 24 hours of shipping. Samples not scheduled for the initial analysis will be archived and stored at the laboratory in a secure area. Storage requirements for the archived chemistry samples will include freezing and storage of the samples at-18°C,with the exception of samples to be analyzed for grain size,ammonia,total sulfides, and volatile organic compounds. Sample preservation techniques and maximum holding time for each laboratory analysis is shown in SCUM II Table 4-7 (Appendix D). City of Bremerton 24 October 2016 SSAP Addendum:Round H Exhibit C Page 26 of 35 Easement No.51-077356 4.3.2 Biological Testing Samples will be transported to the toxicology lab on ice at 4°C. SCUM II states that once at the laboratory, samples should be stored in the dark at 4°C and should not be frozen, and all analyses should be conducted within two weeks of sampling. The laboratory will report holding times and conditions along with the results of the testing. City of Bremerton 25 October 2016 SSAP Addendum:Round H Exhibit C Page 27 of 35 Easement No. 51-077356 SECTION 5: LABORATORY ANALYTICAL METHODS 5.1 CHEMICAL ANALYSIS All analytical methods will follow the standard testing protocols outlined in SCUM II. An Ecology-accredited laboratory will analyze all sediment samples for the 47 SQS chemicals and conventional sediment variables. The table in Appendix C lists all the analytes to be monitored as well as the associated SQS criteria,recommended sample preparation, cleanup, and analytical methods. The most recent update of the EPA analytical methods shall be used. SCUM II Table D-1, listing target Practical Quantitation Limits (PQLs) and Method Detection Limits(MDLs), is also included in Appendix C. 5.2 QUALITY CONTROL The sampler will coordinate with the testing laboratory to take all practical measures to achieve lab MDLs that meet the PQLs and the SQS chemical criteria listed in Appendix C (WAC-173- 204-320[2][a]). The laboratory will provide written documentation of the procedures and results undertaken to achieve the recommended detection limits. Total organic carbon(TOC) levels will be analyzed before completing organic chemical analyses. This method is done to avoid MDL exceedances of the SQS when the data is organic carbon normalized. 5.3 BIOLOGICAL TESTING SCUM II requires that a reference sediment sample be collected from one of three approved reference stations (in Samish Bay, Holmes Harbor, or Carr Inlet) for bioassay comparisons (PTI, 1991). Reference sediments for the bioassay testing are utilized to compare the response of the test to sediments that are known to be unimpacted by chemical contamination. Bioassays will be run with reference sediment that is matched to the test sediment grain size using tables of reference sites furnished by Ecology. SCUM II requires that three bioassay tests be completed for each site exceeding the chemical SQS. Two of the tests are acute effects tests,using both an amphipod and a larval species. The third test is a chronic effects test using either juvenile polychaete or Microtox® 100 percent porewater extract. City of Bremerton 26 October 2016 SSAP Addendum:Round H Exhibit C Page 28 of 35 Easement No.51-077356 5.3.1 Acute Effects Test,Amphipod The amphipod test is a 10-day acute sediment toxicity test. Choices of amphipod species are Rhepoxynius abronius,Ampelisca abdita, or Eohaustorius estuaries. SCUM II provides guidance on selecting the appropriate amphipod species for the acute effects test based upon interstitial salinity and the percentage of sediment fines, as indicated by the decision tree in Figure 12. The test compares the mortality rates of the selected amphipod species exposed to the test and control sediments at the end of ten days. The test additionally notes the daily emergence and number of amphipods failing to rebury at the end of testing. Interstitial Salinity >_25 ppt? yes no Sediment Fines Sediment Fines <60 percent? >_60 percent? yes 4 no l yes no 4 4 Rhepoxynius abronius Ampelisca abdita Eohaustorius estuarius Figure 12 Decision Tree for Selecting Appropriate Amphipod Species for Marine/Estuarine Toxicity Tests 5.3.2 Acute Effects Test,Larval For the larval acute effects test, adults must be collected in spawning conditions or induced to spawn in the laboratory. As a result,the season in which the analysis takes place often dictates the choice of species for this test. Potential species are: • Crassostrea gigas (Pacific oyster)—Summer • Mytilus galloprovincialis (Blue mussel)—Late Spring through early Summer • Strongylocentrotus purpuratus (Purple sea urchin)—December through April Strongylocentrotus droebachiensis (Green sea urchin) City of Bremerton 27 October 2016 SSAP Addendum:Round H Exhibit C Page 29 of 35 Easement No.51-077356 • Dendraster excentricus (Sand dollar)—April through October The larval bioassay is a test of the selected organism's mortality and abnormality rates after exposure to the test sediments. The test is run until the appropriate stage of development is achieved in the seawater control. Ten milliliters aliquots are then taken from each of the five replicates for each sample and preserved in 5 percent buffered solution. The larvae are counted to determine the number of larvae and the number failing to develop a complete shell. This data is used to calculate the percent abnormality,percent mortality, and percent combined abnormality and mortality. 5.3.3 Chronic Effects Test This SSAP recommends the selection of the Microtox® 100 percent porewater extract test for the chronic effects test. An alternative to this test is a 20-day sublethal toxicity test using the juvenile polychaete Neanthes sp. This plan does not recommend the benthic macroinvertebrate community analysis due to the increased expense and time required to collect and prepare the samples. The Microtox®test is "a rapid method of assessing toxicity in marine and freshwater sediment by using the bioluminescent properties of the marine bacteria Vibrio fischeri. The bacteria are exposed to field sediment and the light emitted by the bacteria is used to assess the overall biological condition of the bacteria by comparing to a control. The difference in luminescence is an indication of relative toxicity." (Ecology, 2015)To analyze the sediment quality, 500m1 of sediment is first extracted in order to collect approximately 50 ml of pore water from both the reference and test sediment. This pore water is then adjusted for the proper pH, salinity, and dissolved oxygen concentrations. The freeze-dried bacterial suspension is reconstituted and allowed to equilibrate before adding to the test,reference, and control sample. After 15 minutes, the samples luminesce and are measured. The test assumes that the light emitted by the bacteria can be used to make a correlation of the overall biological health of the bacteria exposed to chemical compounds and mixtures. Statistical comparisons are made between the reference and test sediment data. The final analysis includes the testing environment,testing conditions, and positive and negative controls. City of Bremerton 28 October 2016 SSAP Addendum:Round H Exhibit C Page 30 of 35 Easement No.51-077356 If the juvenile polychaete test is selected,the polychaete species Neanthes sp. is used in a 20-day test comparing the growth rates of organisms exposed to the test and reference sediments. 5.3.4 Quality Control Each bioassay analysis must be conducted using both positive(toxic) and negative controls. A reference toxicant such as cadmium chloride, silver chloride,phenol, or sodium lauryl sulfate is used to establish the relative sensitivity/mortalities of the test organisms. Negative controls are used to measure laboratory performance for the bioassay analyses. Clean reference sediments are expected to produce low mortalities and are used as a negative control for the amphipod and polychaete tests. The negative control for Microtox is distilled or deionized water. If the larval bioassay test is used, seawater will be used as a negative control rather than sediment. For the marine toxicity tests,there are control limits on the water quality in order to ensure the survival of the organisms and to avoid any stress on the organisms that is not test-related. Daily measurements of the water temperature, salinity, dissolved oxygen, and pH must be taken for the acute effects tests and sulfide and ammonia measurements must be taken at the beginning and end of the test. These same measurements are made every three days if Neanthes bioassays are completed. For Microtox, SCUM II requires a pH between 7.9<pH< 8.2, and monitoring of the temperature, salinity, and dissolved oxygen. City of Bremerton 29 October 2016 SSAP Addendum:Round H Exhibit C Page 31 of 35 Easement No.51-077356 SECTION 6: QUALITY ASSURANCE/QUALITY CONTROL 6.1 LABORATORY QA/QC The chemical samples will be analyzed at an analytical laboratory that is accredited by the State of Washington Department of Ecology. The analytical laboratory will follow quality control requirements for the selected analytical methods using the quality control procedures outlined in SCUM II and PSEP protocols for each type of test. The laboratory analyst is responsible for identifying analytical problems and taking corrective actions, and should communicate any problems with the project manager. Quality control procedures for organic analyses are listed in SCUM II Table 5-3, and for metals and conventionals analyses in Tables 5-4 and 5-5, respectively. All procedures are outlined in greater detail in their corresponding chapters in the PSEP protocols,which can be found online at: https://fortress.wa.gov/ecy/publications/documents/1509046.pdf Tables 5-3-5-5 are included in Appendix E. 6.2 DATA QUALITY ASSURANCE REVIEW After testing has been completed,the project quality assurance manager will review the field documentation and laboratory data packet, including: • Compliance with the planning document • Proper sample collection and handling procedures • Holding times within those outlined in protocols • Completeness and acceptability of data • Review of data qualifiers/flags based on laboratory quality control tests The quality assurance review will follow guidance provided in PTI (1989a), and will be documented in the final report. City of Bremerton 30 October 2016 SSAP Addendum:Round H Exhibit C Page 32 of 35 Easement No.51-077356 SECTION 7: DATA ANALYSIS, RECORD KEEPING, AND REPORTING 7.1 DATA ANALYSIS 7.1.1 Sediment Chemistry and Bioassay Sediment chemistry will be tabulated in a spreadsheet with the conventional values at the top of the table for easy reference. Separate tables will be prepared for dry-weight and TOC-normalized concentrations. If the TOC is below 0.5 percent and the analyte has a non-detect concentration with the MDL below the dry weight criteria,the analyte will be in compliance with the numeric standard. The tabulated data will also include the sample station identification number, date of sample collection, sediment sampling depth interval, and the SMS criteria. All test, reference, negative control and positive control data for the bioassay testing will be included in the final report. Positive control data will also be submitted showing the last 12 months of positive control data or the last 15 control tests,whichever is greater. Results of the chemical and bioassay testing will be analyzed using the MyEIM tool,which can be found online at: http://www.ecy.wa.gov/eim/myEIM.htm Chemical/bioassay analysis results obtained using the MyEIM tool will be cross-checked, and any unexpected differences will be noted and explained in the Data Report. 7.1.2 Data Interpretation The final report will compare test results to the relevant chemical or biological effects identified in the SMS. Results will also be compared to the sediment quality established by previous monitoring at the sample sites to determine the impact the discharge has had on the surrounding sediments. City of Bremerton 31 October 2016 SSAP Addendum:Round H Exhibit C Page 33 of 35 Easement No.51-077356 7.2 RECORD KEEPING AND REPORTING All sediment sampling and testing records will be maintained in a project file for no less than 10 years in accordance with the requirements of Section 610 of the SMS. The records will be provided upon request, or made available at reasonable times for inspection,to authorized personnel. The results of the sediment sampling and analysis will be presented in a report for submittal to Ecology that follows the guidance in Section A.7 of the SCUM II. The report will include graphics for sampling stations, sample collection methods and coordinates, sample receiving, compositing, shipping and archiving, and quality assurance and quality control for the sample collection and analysis. Results will be compared to the SQS criteria. Hard copy data reports will be given to Ecology. The sediment data will also be provided electronically in Ecology's EIM template format for inclusion in the EIM database. That data will be entered into the required EIM data entry templates to ensure for proper and error-free formatting prior to submittal to Ecology. Any data exceeding the SQS criteria levels will be highlighted in the data tables using bold text. City of Bremerton 32 October 2016 SSAP Addendum:Round H Exhibit C Page 34 of 35 Easement No.51-077356 SECTION 8: REFERENCES PTI Environmental Services. 1989a. Data quality evaluation for proposed dredged material disposal projects. Prepared for Washington Department of Ecology, Sediment Management Unit. PTI Environmental Services. 1991. Reference Area Performance Standards for Puget Sound. EPA Contract 68-D8-0085. Puget Sound Estuary Program. 1997.Recommended Guidelines for Sampling Marine Sediment, Water Column, and Tissue in Puget Sound. U.S. Environmental Protection Agency(EPA), 2000.EPA Superfund Record of Decision—Puget Sound Naval Shipyard Complex, Bremerton, Washington. United States Geological Survey(USGS), 2009.Mercury in Sediment, Water and Biota of Sinclair Inlet, Puget Sound, Washington, 1989-2007. Open-File Report 2009-1285. http://pubs.usgs.gov/of/2009/1285/. Washington Administrative Code 173-204. Sediment Management Standards. Washington State Department of Ecology. 2015. Sediment Cleanup Users Manual II. Ecology Publication No. 12-09-057. City of Bremerton 33 October 2016 SSAP Addendum:Round II Exhibit C Page 35 of 35 Easement No.51-077356 -Tog_ Fi u 1e— PGES c-:;\)ELc- Gt.)cc= 5c is P-400Th PeP lir ce )7 r-H L C�� 9S£LLO lS 'oNluauzas>?g S£3°91 a�Ed 3 11(11113'a r . y. te 410001"— I= j 1 ' a itr. ' ' --; . v. CD ~ , — 4. c--. I=. *"0., risT ' ...t,;...,, :4:..li ' , ,. '8' :::- '% . 0 ' .., . 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O o f-, I, Cl) r OF 12-2 0 OF 12-11 OF 12-3 0 0 .,.. ."" . 69 ft r O Chemistry Only Figure OF 12 Sampling Locations 10: (OSmapo«j�n GIl NINWNC11111," O Chemistryand Bioassay Exhibit C Page 21 of 35 Easement No. 51-077356 44 95£LLO i S ��luauias8g S£3u ZZ a2Ed a 11q?gxg i tCTI; m,s e ,.n a 4-1 �� It i L1 ti—7 ititilltop;s 1.0 / - It / / OO l J l/ 3 cii in- 1:13 s. *` O a) cnv O W i o0 0 r T M Nsi C 0 O -n W w co W W 3 3 Cl)co CPO W o cQj z N OASe�--� nc -t- O(� rO0\ OLT ilaQl 0 '1-D._1 0 DATE(MM/DD/YYYY) A�R�' CERTIFICATE OF LIABILITY INSURANCE os/14/zol9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Willis of Seattle, Inc. c/o 26 Century Blvd PHONE 1-877-945-7378 FAX 1-888-467-2378 A/C.No.Est): E-MAIL certificates@willis.com P.O. Box 305191 ECEIVED ADDRESS: Nashville, TN 372305191 USA INSURER (A/C,No): S)AFFORDING COVERAGE NAIC# INSURERA: Allied World Insurance Company 22730 INSURED MAY 1 4 2019 INSURER B: Hartford Fire Insurance Company 19682 City of Bremerton Attn: Melisa Folmer INSURERC: Illinois Union Insurance Company 27960 345 Sixth Street CitYOfBremerto,. INSURERD: Indian Harbor Insurance Company 36940 Suite 100 Risk Management INSURER E: Bremerton, WA 983371873 INSURER F: COVERAGES CERTIFICATE NUMBER:W11227900 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE RETED CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 100,000 A MED EXP(Any one person) _ $ Y 5110-0088-01 02/01/2019 02/01/2020 PERSONAL&ADV INJURY _ $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY PRO JECT LOC PRODUCTS-COMP/OPAGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) _ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESSLIAB CLAIMS-MADE Y 5110-0088-01 02/01/2019 02/01/2020 AGGREGATE $ 3,000,000 DED X RETENTION$ 500,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatoryin NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Property Y 52 UFJ HC7428 12/31/2018 12/31/2019 Limit of Liability $100,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) SEE ATTACHED 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. State of Washington Department of Natural Resources Aquatics Resources Division AUTHORIZED REPRESENTATIVE PO Box 47027 __ Olympia, WA 98504 G'" '------- ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 17960670 BATCH 1197149 AGENCY CUSTOMER ID: LOC#: AcoRD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis of Seattle, Inc. City of Bremerton Attn: Melisa Folmer POLICY NUMBER 345 Sixth Street See Page 1 Suite 100 Bremerton, WA 983371873 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The State of Washington, the Department of Natural Resources, its elected and appointed officials, agents, and employees are included as Additional Insureds per written agreement or contract. - Easement # 51-077356 - Aquatic Lands Outfall Easement - Easement # 51-077352 - Aquatic Lands Outfall Easement INSURER AFFORDING COVERAGE: Illinois Union Insurance Company NAIC#: 27960 POLICY NUMBER: PPL G272700130 02 EFF DATE: 05/16/2016 EXP DATE: 05/16/2019 ADDITIONAL INSURED: Y TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Pollution Per Incident 1,000,000 Aggregate 1,000,000 INSURER AFFORDING COVERAGE: Indian Harbor Insurance Company NAIC#: 36940 POLICY NUMBER: XEC0051388 EFF DATE: 01/30/2018 EXP DATE: 05/16/2019 ADDITIONAL INSURED: Y TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Excess Pollution Per Incident $2,000,000 Aggregate $5,000,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 17960670 BATCH: 1197149 CERT: W11227900 SCHEDULE OF ADDITIONAL INSUREDS ENDORSEMENT Named Insured Endorsement Number City of Bremerton 10 Policy Symbol Policy Number Policy Period Effective Date of Endorsement PPL G27270013 002 05/16/2016 to 05/16/2019 03/16/2018 Issued By(Name of Insurance Company) Illinois Union Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The"insured" and the Insurer hereby agree to the following changes to this Policy: The persons or entities identified in the Schedule of Additional Insureds, below, are "additional insureds" pursuant to this Policy, but solely with respect to their vicarious liability arising out of any "named insured's" direct liability for a "pollution condition" on, at under or migrating from, or an "indoor environmental condition" at, a "covered location"to which this insurance applies Schedule of Additional Insureds 1. The State of Washington, the Department of Natural Resources, its elected and appointed officials, agents, and employees, as respects the Aquatic Lands Outfall Easement—51-077352 between the City of Bremerton and Washington State Department of Natural Resources All other terms and conditions of this Policy remain unchanged. 411111Frerf JOHN J. LIJPICA. President Authorized Representative PF-44892(09/14) Page 1 of 1 ease-rrye n-v- # O C7 1 O oo of 2 f 1DATE(MM/DD/YYYY) !ems' CERTIFICATE OF LIABILITY INSURANCE 12/23/2019 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 Willis Towers Watson Certificate Center NAME: Willis of Seattle, Inc. PHONE c/o 26 Century Blvd (A/C.No.Eat): 1 877-945-7378 FAX No): 1-888-467-2378 P.O. Box 305191 +','', ADDRE certificates@will is.com ccs^ ADDRESS: Nashville, TN 372305191 USA , iam „ � INSURER(S)AFFORDING COVERAGE NAIC# �%` �,+* INSURERA: Allied World Insurance Company 22730 INSUREDn 2-‘1 1e INSURERB: Hartford Fire Insurance Company 19682 City of Bremerton DE Attn: Melisa Folmer C jj u INSURER Illinois Union Insurance Company 27960 345 Sixth Street INSURER D: Suite 100 BC+wm� '4 Bremerton, WA 983371873titY L�f emn INSURER E r 1z, INSURER F: COVERAGES CERTIFICATE NUMBER:W14874746 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS INSD WVD IMM/DD/YYYY) (MM/DD/YYYY) X'COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) $ 100,000 A MED EXP(Any one person) $ Y 5110-0088-01 02/01/2019 02/01/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) - ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESSLIAB CLAIMS-MADE Y 5110-0088-01 02/01/2019 02/01/2020 AGGREGATE $ 3,000,000 DED X RETENTION$ 500,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Property 52UFJHC7428 12/31/2019 12/31/2020 Limit of Liability $100,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) SEE ATTACHED 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. State of Washington Department of Natural Resources AUTHORIZED REPRESENTATIVE Aquatics Resources Division PO Box 47027 Olympia, WA 98504 C �. ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 19008067 BATCH: 1503557 • AGENCY CUSTOMER ID: LOC#: ARL ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis of Seattle, Inc. City of Bremerton Attn: Melisa Folmer POLICY NUMBER 345 Sixth Street See Page 1 Suite 100 Bremerton, WA 983371873 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The State of Washington, the Department of Natural Resources, its elected and appointed officials, agents, and employees are included as Additional Insureds per written agreement or contract. - Easement # 51-077356 - Aquatic Lands Outfall Easement - Easement # 51-077352 - Aquatic Lands Outfall Easement INSURER AFFORDING COVERAGE: Illinois Union Insurance Company NAIC#: 27960 POLICY NUMBER: PPL G27270013 003 EFF DATE: 05/16/2019 EXP DATE: 05/16/2021 ADDITIONAL INSURED: Y TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Environmental Pollution Liability Each Occurrence $5,000,000 Aggregate $10,000,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 19008067 HATCH: 1503557 CERT: W14874746 SCHEDULE OF ADDITIONAL INSUREDS ENDORSEMENT Named Insured Endorsement Number City of Bremerton 001 Policy Symbol Policy Number Policy Period Effective Date of Endorsement PPL G27270013 003 05/16/2019 to 05/16/2021 05/16/2019 Issued By(Name of Insurance Company) Illinois Union Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The"insured" and the Insurer hereby agree to the following changes to this Policy: The persons or entities identified in the Schedule of Additional Insureds, below, are "additional insureds" pursuant to this Policy, but solely with respect to their vicarious liability arising out of any "named insured's" direct liability for a "pollution condition" on, at under or migrating from, or an "indoor environmental condition" at, a "covered location"to which this insurance applies Schedule of Additional Insureds 1. The State of Washington, the Department of Natural Resources, its elected and appointed officials, agents, and employees, as respects the Aquatic Lands Outfall Easement-51-077352 between the City of Bremerton and Washington State Department of Natural Resources. 2. State of Washington; Department of Natural Resources;Aquatics Resources Division; PO Box 47027; Olympia WA 98504. 3. The State of Washington, the Department of Natural Resources, its elected and appointed officials, agents, and employees are included as additional insureds per written agreement or contract. -Easement#51-077356-Aquatic Lands Outfall Easement -Easement#51-077352-Aquatic Lands Outfall Easement All other terms and conditions of this Policy remain unchanged. Authorized Representative PF-44892(09/14) Page 1 of 1