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_____________________________________________________________________________ Public Works & Utilities │ 100 Oyster Bay Ave. N., Bremerton, WA 98312 * Phone (360) 473-5315 * Fax (360) 473-5018 Executive Correspondence Routing Memo (For electronic routing only) Date: June 16, 2020 Description: Contract Agreement No. 1 amends the Professional Services Agreement with Anchor QEA executed on December 7, 2018 to provide technical services to support the City of Bremerton’s (City’s) compliance with the Washington State Department of Ecology (Ecology) National Pollutant Discharge Elimination System (NPDES) Waste Discharge Permit (Permit No. WA0029289) sediment sampling requirements for the West Plant Outfall (WPO). Fiscal Impact: Contract Agreement No. 1 increases the original contract amount of $89,000 by $25,502 to $114,502. This project is included in the 2020 Wastewater Utility Budget (General Operations). Action Requested: Review/Sign. This contract is being routed electronically only. Originator: Noreen Bolo, Project Assistant Approval / Recommendation: Managing Engineer: Recommended Initials/date _______________ City Engineer: Recommended Initials/date _______________ Contract Administrator: LASERFICHE/DOCUSIGN City Attorney: LASERFICHE/DOCUSIGN Public Works Director: LASERFICHE/DOCUSIGN City Clerk: LASERFICHE/DOCUSIGN Thank you! Noreen 6/16/20 Ned Lever Digitally signed by Ned Lever DN: C=US, E=ned.lever@ci.bremerton.wa.us, O=City of Bremerton, OU=Engineering, CN=Ned Lever Date: 2020.06.17 06:59:51-07'00' DocuSign Envelope ID: 1643E4D6-1C78-4266-9B6B-9097FD88CF9B Page 1 of 2 Contract Modification Rev. 10/2019 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND ANCHOR QEA, LLC PROJECT: Westside Wastewater Treatment Plant Outfall Sediment Sampling and Study Plan CONSULTANT: ANCHOR QEA, LLC DATE: June 4, 2020 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and Anchor QEA, LLC on December 7, 2018. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: See attached Exhibit A. Section II. Term , is modified as follows: The original contract expiration date of December 31, 2020 does not change. Section III. Compensation , is modified as follows: The original contract amount was $89,000. The City shall pay the Consultant for the additional work described in Exhibit A, based on time and materials, an amount not to exceed $25,502 for a total amended contract of $114,502, including this Contract Modification. See Exhibit B for breakdown of compensation. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. DocuSign Envelope ID: 1643E4D6-1C78-4266-9B6B-9097FD88CF9B Page 2 of 2 Contract Modification Rev. 10/2019 This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process _________________________ (Initials and Date) CONSULTANT THE CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Ryan Barth City Clerk ANCHOR QEA, LLC City of Bremerton 1201 3rd Avenue, Suite 2600 345 6th Street, Suite 100 Seattle, WA 98101 Bremerton, WA 98337-1891 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx Ryan Barth Shareholder June 16, 2020 DocuSign Envelope ID: 1643E4D6-1C78-4266-9B6B-9097FD88CF9B 6/19/2020 Greg Wheeler Mayor 6/18/2020 6/18/2020 6/19/2020 Exhibit A: Scope of Work for Contract Modification 1 page 1 of 2 Exhibit A Scope of Work for Anchor QEA Services Supporting the City of Bremerton West Plant Outfall National Pollutant Discharge Elimination System Permit Compliance This Scope of Work (SOW) dated May 7, 2020, summarizes Anchor QEA’s proposed technical services to support the City of Bremerton’s (City’s) compliance with the Washington State Department of Ecology (Ecology) National Pollutant Discharge Elimination System (NPDES) Waste Discharge Permit (Permit; No. WA0029289) sediment requirements for the West Plant Outfall (WPO). The City previously approved Anchor QEA’s SOW dated November 1, 2018. Following approval of the SOW, Anchor QEA collaborated with City staff and engaged with Ecology to determine next steps relative to characterizing sediments in the complex regulatory and environmental setting of Sinclair Inlet. A meeting in May 2019 with Ecology resulted in the implementation of a tiered sampling approach that allowed the City to extract and characterize suspended particulate from the WPO flow to determine if the discharge had potential to impact receiving water sediments adjacent to the WPO structure without the influence of the Puget Sound Naval Shipyard Superfund site or relatively large Washington State Department of Transportation stormwater outfalls. The approach developed marked a divergence from the work-flow presented in the original SOW. In collaboration with the City, Anchor QEA designed a particulate extraction system and conducted a pilot test and two full-scale sampling events in October and December 2019, respectively. The results of the second event did not fully undergo data quality control and validation checks. The City and Anchor QEA again met with Ecology on April 30, 2020. The meeting was conducted to discuss the extension of various Permit-required submittals, including particulate extraction reporting and a follow-on sediment sampling and analysis plan. Anchor QEA presented the preliminary pre-validated results of the particulate extraction to Ecology. The resulting discussion revealed that Ecology may consider reducing or eliminating the need for further sediment characterization under the Permit. This SOW includes the task required to produce a Particulate Extraction Data Report and Recommendations Memorandum and coordinate with Ecology to determine if any additional action is required. Task 1 – Particulate Extraction Data Report and Recommendations Memorandum/Ecology Coordination This task includes development of the Particulate Extraction Data Report and Recommendations Memorandum for submittal to Ecology following a single round of client review and revision. In addition to reporting the results, the memorandum will include the development of a conceptual site DocuSign Envelope ID: 1643E4D6-1C78-4266-9B6B-9097FD88CF9B Exhibit A: Scope of Work for Contract Modification 1 page 2 of 2 model that assesses the potential for WPO discharge to affect sediment quality relative to documented sediment quality impacts associated with the Puget Sound Naval Shipyard Superfund site and Washington State Department of Transportation discharge. The memorandum will make recommendations for any further action required by the City to characterize sediments adjacent to the WPO to achieve the NPDES Permit requirements. Following development of the memorandum, Anchor QEA and the City will meet with Ecology to discuss the results, interpretation, and recommendations, and to negotiate next steps required by the Permit. If further action or extensive negotiations are required by Ecology, an additional SOW amendment will be required. The total budgeted cost for Task 1 is identified in the following section in accordance with Anchor QEA’s current rate schedule (Exhibit B). The term and key milestones for the proposed services are identified in Exhibit C. Estimated Cost Table 1 presents the estimated cost for Task 1. A budget spreadsheet is provided in Exhibit B. If during the course of the work, Anchor QEA determines that the level of effort assumed for Task 1 is insufficient, we will contact the City to discuss prioritization of the work and determine what additional authorizations are required. Table 1 also includes a $3,000 retainer budget for Management Reserve for the performance of additional services that are requested by the City that are not discussed in this SOW. Anchor QEA will not access this reserved budget unless approved in writing by the City. Table 1 Estimated Costs Task Description Cost ($) Task 1 Particulate Extraction Data Report and Recommendations Memorandum/ Ecology Negotiations 22,502 Task 2 Management Reserve 3,000 Total 25,502 Services will be performed on a time-and-materials basis not to exceed the identified budget without prior written authorization. DocuSign Envelope ID: 1643E4D6-1C78-4266-9B6B-9097FD88CF9B Exhibit B: Compensation for Contract Modification 1 page 1 of 2 DocuSign Envelope ID: 1643E4D6-1C78-4266-9B6B-9097FD88CF9B Exhibit B: Compensation for Contract Modification 1 page 2 of 2 DocuSign Envelope ID: 1643E4D6-1C78-4266-9B6B-9097FD88CF9B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ 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) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/8/2019 (206) 216-4830 (206) 260-2903 25666 Anchor QEA, LLC 1201 3rd Avenue, Suite 2600 Seattle, WA 98101 25674 A 1,000,000 X X 680 - 006H488049 10/10/2019 10/10/2020 1,000,000 10,000 1,000,000 2,000,000 2,000,000 X GL POlicy (CA) #680-006H455473 1,000,000A BA5398L892 10/10/2019 10/10/2020 1,000,000B CUP006D978124 10/10/2019 10/10/2020 1,000,000 10,000 A UB006J847765 10/10/2019 10/10/2020 1,000,000 1,000,000 1,000,000 C Prof Liab w/CPL W11053191001 10/10/2019 Each Claim 1,000,000 C Prof Liability w/CPL W11053191001 10/10/2019 10/10/2020 Aggregate 1,000,000 Additional insured status extended for General Liability as required by written contract and subject to policy terms and conditions for the city. Coverage is provided on a primary and non-contributory basis where required by written contract and subject to policy terms and conditions, with respects to General Liability. Waiver of Subrogation applies to General Liability where required by written contract and subject to policy terms and conditions. City of Bremerton Attn: Risk Management 345 6th Street, Suite 100 Bremerton, WA 98337 ANCHQEA-01 REGINAC Brown & Brown of Washington, Inc. 800 Fifth Ave., Suite 2400 Seattle, WA 98104 Travelers Indemnity Company of America Travelers Property Casualty Company of America Lloyd's Syndicate 2623 X 10/10/2020 X X X X X X X X X DocuSign Envelope ID: 1643E4D6-1C78-4266-9B6B-9097FD88CF9B (&&* #i '*$i %! # ,2i ,BD\i;R9TW\;Q;R]iQT9D=D;\iDR\_W3R7;iUWTbD9;9i_R9;Wi]B;i>TKKTcERAi (&&* #i '*%i%! # .2i(0* i)*,i "-B;i =TKOTcDRAi D\i 399;9i]Ti """i " " Rei U;W\TRi TWi TWA3RDg3]DTRi ]B3]i eT_i 3AW;;i DRi 3 cWD]];Ri7TR]X37]i W;V_DWDRAi DR\_X3R7;i]TiDR7K_9;i3\ 3Ri399D]DTR3KiDR\_W;9iTRi]BD\i Tb;W3A;i )3W]i 5_] 4 (RKeicE^Bi W;\U;7]i]TiLD35DLD]ei=TWi 5T9EKei ERH`Ye UWTU;X]ei 93Q3A;iTXiU;X\TR3Ki ERH`Wei3R9 6 i =i 3R9iTRKei ]Ti ]B;i ;d];R]i ]B3]i ]B;i DSI_Wei TW 93Q3A;i D\i 73_\;9i 5ei 37]\i TWi TQE\\DTR\i T= eT_iTWieT_Xi \_57TR]W37]TWiDRi ]B;i U;ZTWQ3R7; T=i eTaWi cTWJi ]Ti cBD7Bi ]B;i cWD]];Ri 7TR]W37] X;V_DWERAiDR\_W3R7;i3UUKE;\i TWi DRi7TRR;7]DTR cD]Bi UW;QE\;\iTcR;9i5eiTWi X;R];9i]TieT_ -B;i U;X\TRiTWiTWA3REg3]DTRi9T;\i RT]iV`3KE@i3\i3Ri 399D]ETR3KiER\_W;9i 8 1D]Bi X;\U;7]i ]Ti ]B;i DR9;U;R9;R]i 37^\i TW TQD\\DTR\iT>i\_7Bi U;W\TRiTWiTWA3RDg3]DTRiTW : TWi 5T9EKei DRH_Wei UWTU;W]ei 93Q3A;i TW U;X\TR3Ki ERH_Wei >TWi cBD7Bi \_7Bi U;X\TRi TW TWA3REg3]DTRi B3\i 3\\_Q;9i KD35DLD]ei DRi 3 7TR]W37]iTWi3A W;;Q;R] -B;iDR\_W3R7;iUWTbD9;9i]Ti\_7Bi39 9D]DTR3Li DR\_X;9i D\iKEQD];9i3\i>TKKTc\i < .BE\i DR\_X3R7;i9T;\iRT]i 3UUKeiTRi3Rei53\E\i ]T 3Rei U;X\TRi TWi TWA3RE g3]DTRi =TWi cBD7B 7Tb;W3A;i3\i3Ri 399D]DTR3Ki ER\`W;9i \U;7D=E73LKe E\i 399;9i 5ei 3RT]B;Wi ;R9TW\;Q;R]i ]Ti ]BD\ Tb;W3A;i)3W] !.BE\i ER\aW3R7;i 9T;\i RT]i 3UUKei ]Ti ]B; 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i _]i]BD\i DR\_W3R7;i UWTbD9;9i ]Ti]B;i39 9D]DTR3Ki DR\_W;9i \]DKKiD\i;d7;\\iTb;Wi b3MD9i 3R9i 7TKL;7]D5K;i T^B;Wi ER\_W3R7;i cB;]B;Wi UWDQ3Wei ;d7;\\i 7TR]DRA;R]i TWi TRi3Rei T]B;Wi53\D\i ]B3]iD\i 3b3DK35K;i ]Ti ]B;i 399D]DTR3Ki DR\_W;9i cB;Ri ]B3]i U;W\TRi TWi TWA3RE g3]DTRi D\i 3Ri 399D]DTR3Ki DR\_X;9i _R9;Xi3Rei T]B;WiDR\_W3R7; i """ ")*** & "* #(* (* * #"* " &*)3A;iiT>ii %"*#* ( #*$ * * "% *!"* * *'#*#"* "" * 0OLICYº680-006H488049 #680-006H455473 DocuSign Envelope ID: 1643E4D6-1C78-4266-9B6B-9097FD88CF9B DocuSign Envelope ID: 1643E4D6-1C78-4266-9B6B-9097FD88CF9B AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5H SUBJECT: Professional Services Agreement with Anchor QEA, LLC for the Westside Wastewater Treatment Plant Outfall Sediment Sampling and Study Plan Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: November 28, 2018 December 5, 2018 PW&U/WWTP Pat Coxon (.360) 473-5448 SUMMARY: During our last NPDES Permit cycle, the City completed the required sediment sampling and submitted the City of Bremerton Sediment Study Monitoring Report to the Department of Ecology in May, 2018. Ecology's Toxics Cleanup Program/Aquatic Lands Cleanup Unit reviewed the report and commented in letter to the City dated July 24, 2018, that the City should submit a Sampling and Analysis Plan to collect additional data near the Westside Plant's outfall to further define the nature and extent of contamination reported in the 2015 sampling results. I requested a proposal from Anchor QEA, LLC that would address Ecology's concerns while minimizing project costs and compliance risks. Anchor QEA, LLC responded with a tiered approach in their Scope of Work in the amount of $89,000. ATTACHMENTS: 1) Anchor QEA, LLC Scope of Work; and 2) PSA with Anchor QEA, LLC FISCAL IMPACTS (Include Budgeted Amount): This work is budgeted through 535.5435.54110 and has a budget of $250,000. STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement and Scope of Work with Anchor QEA, LLC in the amount of $89,000; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D9 Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 PROFESSIONAL SERVICES AGREEMENT Westside WWTP Outfall Sediment Sampling & Study Plan The City of Bremerton ("City") and Anchor QEA, LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated November 1, 2018, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed no later than December 31, 2020; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $89.000. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, Page 1 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and reasonable attorney fees, to the extent caused by Consultant's negligent performance of its services pursuant to this Agreement except for that portion of the injuries and damages caused by the City's negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects. Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Page 2 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability, insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self -insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative Page 3 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 61h Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles ("GAAP") to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in Page 4 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: CITY: Attn: Pat J Coxon City of Bremerton 1600 Oyster Bay Ave. Bremerton, WA 98312 Notices to be sent to: CONSULTANT: Attn: Ryan Barth, PE Anchor QEA, LLC 720 Olive Way, Suite 1900 Seattle. WA 98101 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Page 5 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non -performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rit!hts Ul)on Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to Page 6 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 perform shall be without liability or legal exposure to the Consultant. Consultant may retain a copy of all project materials in its files subject to the confidentiality restrictions of this Agreement, X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CITY OF BREMERTON By; Print Nam reg Wheeler Its: Mayor, City of Bremerton Date: t?�`Z n 16 _ APPROVED AS TO FORM: By: Roger A. Lubovich, Bremerton City Attorne CONSULTANT: Anchor QEA, LLC By: Prir Its: Dat ATTEST: By: a��0�ad Angela W s, City Clerk R:1Lega1\Lega1\Forms\FORMS ON COBWEBTrofessional Services Agreement Rev. 07 2018.docx Page 7 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 November 1, 2018 720 Olive Way, Suite 1900 Seattle, Washington 98101 206.287.9130 C:\Users\rbarth\Desktop\City of Bremerton\CityBremerton_Rev WPOufall NPDES SOW_110119.docx Patric Coxen Wastewater Manager City of Bremerton Wastewater Treatment Plant 1600 Oyster Bay Avenue South Bremerton, Washington 98312 Re: Scope of Work for City of Bremerton West Plant Outfall National Pollutant Discharge Elimination System Permit Compliance Dear Pat, This scope of work summarizes Anchor QEA’s proposed technical services to support the City of Bremerton (City) in maintaining compliance with the Washington State Department of Ecology Ecology) National Pollutant Discharge Elimination System (NPDES) Waste Discharge Permit (Permit; No. WA0029289) requirements for the West Plant Outfall. The NPDES Permit was issued June 21, 2013, modified October 1, 2015, and expired July 31, 2018. In accordance with public comment draft NPDES Permit Condition S8, the City must submit a Sampling and Analysis Plan (SAP) and subsequent data report for sediment and biological toxicity monitoring near the West Plant Outfall located in the Sinclair Inlet, by March 31, 2019. The City also must fulfill the requirements of the Ecology Toxics Cleanup Program/Aquatic Lands Cleanup Unit (TCP/ALCU). Scope of Work This scope of work documents our proposed services and associated cost estimates discussed with you and Larry Willman on October 15, 2018, regarding NPDES Permit compliance support for the West Plant Outfall. We understand that the City performed surface sediment baseline monitoring in August 2015 and the monitoring results were submitted to Ecology in the City of Bremerton Sediment Study Monitoring Report prepared by Cosmopolitan Marine Engineering and dated May 2018. Ecology’s TCP/ALCU reviewed the report and commented in a letter dated July 24, 2018, that the City should submit a SAP to collect additional data near the West Plant Outfall to further define the nature and extent of contamination reported in the 2015 sampling results. The letter also commented that the City should identify effluent discharge rates that may produce continued and additive impacts to waters of the state. The requirement to submit a SAP is consistent with Condition S.8 of the current draft public comment NPDES Permit. We have reviewed the City of Bremerton Sediment Study Monitoring Report results and the Ecology TCP/ALCU comment letter requirements and recommend a tiered compliance approach to minimize project costs and compliance risks. This tiered approach will account for the well-documented November 1, 2018 Page 2 regional sources of contamination in Sinclair Inlet and enable application of NPDES Permit compliance tools (e.g., sediment impact zone[SIZ]) by the Ecology Water Quality Program (WQP). The first tier of our proposed compliance approach includes additional coordination with both the Ecology WQP and TCP/ALCU to establish a SIZ for the West Plant Outfall in the NPDES Permit. The process for Ecology permitting, authorization, renewal, maintenance, and closure requirements for an SIZ is described in Chapter 9 of the Water Quality Program Permit Writers Manual prepared by Ecology and dated July 2018 (Publication No. 92-109). The SIZ allows for limited elevated chemical concentrations and biological effects to exist within the Ecology-defined SIZ dimensions surrounding an outfall as long as the permittee outfall is operating under All Known, Available, and Reasonable Methods of Treatment (AKART). Based on our experiences at other NPDES Permit compliance projects in the Puget Sound for similar types of outfall discharges, we believe Ecology may consider incorporating an SIZ into the City’s NPDES Permit. The first tier will also include the performance of additional focused surface sediment sampling for chemical analysis in the top 2-centimeters to assess the recent sediment deposition. Ecology may require additional information be obtained to inform the delineation of the SIZ or to inform other compliance aspects of the NPDES Permit. For the purposes of this scope of work, the second tier for the compliance approach would be performed only if required based on consultation with Ecology and in consideration of the first-tier results. The scope of work for the second tier is not described herein but could include the performance of additional surface sediment and biological testing, modeling and sampling to assess the nature and extent of chemicals discharging from the West Plant Outfall, and an evaluation of chemical sources to sediments in the vicinity of the West Plant Outfall from off-site sources (e.g., the Washington State Department of Transportation outfall and Puget Sound Naval Base Operable Unit Superfund Site [PSNB]). We will submit a scope of work addendum if second-tier services become required. The remainder of this scope of work summarizes the proposed services and associated costs for the following first-tier tasks: project integration and management, Ecology coordination, preparation of a SAP Addendum, field sampling and analysis, and associated reporting. Task 1 – Project Integration and Management This task identifies project integration activities that will allow Anchor QEA to cost-effectively obtain and review existing information that will support NPDES compliance and associated strategy development. Based on our initial review of limited project documents, we would like to obtain and review the following project documentation from your team, if available: Available documentation identifying potential off-site sources of sediment contamination (e.g. outfalls, PSNB) West Plant Outfall discharge coordinates November 1, 2018 Page 3 Information on Washington State Department of Transportation and other outfalls Baseline sediment monitoring data in electronic format Summaries of influent, effluent, biosolid, and whole effluent toxicity testing results (preferably in Excel format or similar database format so the data can be queried) Substantive communications with Ecology on the current public comment draft NPDES Permit, baseline monitoring, and path forward NPDES compliance for the West Plant Outfall This task also includes time associated with querying Ecology’s Environmental Information Management (EIM) system database for chemicals of concerns in sediments identified at elevated concentrations during the baseline monitoring (i.e., mercury, butylbenzylphthlate [BBP], bis(2)ethylhexylphthlate [BEHP], and polychlorinated biphenyls [PCBs]) and development of figures showing historical and current regional Sinclair Inlet chemical concentrations, consistent with the figure we presented during our October 15 meeting. This task also includes limited coordination with Cosmopolitan Marine Engineering to obtain and review relevant documents. Lastly, this task includes limited written and teleconference coordination with you and your team to develop and efficiently implement compliance strategies, ensure deliverable expectations are met, and maintain project schedules. We will also develop and submit monthly invoices that summarize the work completed each month and associated costs. For the purposes of this cost estimate, we have made assumptions about the level of effort required to complete the necessary review of the information provided by your team and Cosmopolitan Marine Engineering. The total budgeted cost for Task 2 is identified in Table 1. If the level of effort assumed in Table 1 is insufficient, we will contact you to discuss prioritization of the work and determine whether additional authorizations are required. Task 2 – Ecology Coordination This task includes coordination with Ecology WQP and TCP/ALCU representatives to discuss incorporation of an SIZ into the draft public comment NPDES Permit. Chapter 9 of the Water Quality Program Permit Writers Manual identifies the specific necessary steps that Ecology and the permittee must take to apply for an SIZ. These steps will require information exchange between Ecology and the City followed by an evaluation and determination made by Ecology. Based on our experience with Ecology in similar matters, in-person meetings are an effective means to foster collaboration towards shared goals, in this case obtaining an SIZ. For the purposes of this cost estimate, we have made assumptions about the level of effort required to discuss and finalize a tiered path forward compliance strategy with your team, develop a presentation to Ecology proposing incorporation of an SIZ into the draft public comment NPDES Permit, and attend a single meeting with Ecology. This cost estimate does not include budget for us to prepare comments on the draft public comment NPDES Permit or develop an amendment to the November 1, 2018 Page 4 Permit. We can submit an additional scope of work addendum upon your request following additional coordination with your team or Ecology. The total budgeted cost for Task 2 is identified in Table 1. If the level of effort assumed in Table 1 is insufficient, we will contact you to discuss prioritization of the work and determine whether additional authorizations are required. Task 3 – Sampling and Analysis Plan Addendum This task includes development of a SAP Addendum for surface sediment at the same locations occupied during the baseline monitoring. We propose to use the Ecology-approved surface sediment sampling methodologies identified in the City of Bremerton Sediment Sampling and Analysis Plan, which is Appendix A to the City of Bremerton Post Construction Monitoring Plan prepared by Cosmopolitan Marine Engineering and dated October 2014. Therefore, the budget for this task assumes the SAP Addendum will be a memorandum that summarizes the results of the baseline monitoring surface sediment sampling and associated Ecology requirements to perform additional testing, the proposed scope of sampling and analysis, and the proposed deviations from the City of Bremerton Sediment Sampling and Analysis Plan. The SAP Addendum will include a project-specific health and safety plan for Anchor QEA field personnel. It is assumed that we will develop a draft and final version of the SAP Addendum and the City and Ecology will have minimal review comments due to the Task 1 and Task 2 coordination efforts. The SAP Addendum will be transmitted electronically (PDF) to Ecology, along with two printed copies, if requested. The total budgeted cost for Task 3 is identified in Table 1. Task 4 – Field Sampling and Analysis The scope of the field sampling and analysis is difficult to determine at this early stage until we complete the Task 2 coordination with Ecology. For the purposes of this cost estimate, we have assumed the sampling and analysis consistent with our proposed first tier of sampling following approval of an SIZ. We will collect surface sediment samples from the same sampling stations occupied during the baseline surface sediment sampling (i.e., WP-1 through WP-5) near the West Plant Outfall. Sediment collection will be limited to the 0- to 2-centimeter (cm) depth interval and chemical analysis will only be performed for chemicals that exceeded the SQS criteria during the baseline monitoring (i.e., total solids, total organic carbon, grain size, mercury, BEHP, and BBP). This depth differs from the 0- to 10-cm depth interval sampled during the baseline monitoring because Chapter 9 of the Water Quality Program Permit Writers Manual states that outfalls with an SIZ should only sample “the uppermost horizon (i.e.,0-2 cm), reflecting the most recently deposited sediments, should be collected.” Given the large range in surface sediment concentrations identified during the baseline monitoring in a relatively small area, we recommend collecting and analyzing two slightly offset samples from November 1, 2018 Page 5 WP-1 through WP-5 (10 samples total). Please note that if the shallower 0- to 2-cm sediment chemical concentrations located outside of the Ecology-identified SIZ dimensions exceed the SIZMax criteria, we would then recommend performing the second tier of testing that would include benthic toxicity testing both near the West Plant Outfall and at background locations within Sinclair Inlet. This testing would be performed at a later date and require an additional equipment mobilization. Samples will be collected using a grab sampler (e.g., Van Veen or power grab sampler) deployed from a vessel. Sediment samples will be forwarded to the appropriate laboratories for analysis. Adequate sediment volume will be collected for testing of the target analyte list. Additional volume will also be collected for archival purposes if needed for additional sediment chemical analysis following receipt of the initial results. This task includes time to coordinate with the analytical laboratory, data management, and data validation. Key assumptions for the field sampling and analysis are as follows: Anchor QEA will use a subcontractor to provide the sampling vessel and grab sampler. Anchor QEA will provide field staff to collect sediment samples and prepare samples for dispatch to the laboratory. It is assumed that the field program for the sampling will require 1 day for sample collection, sample processing, and delivery of samples to the analytical laboratory. Anchor QEA will not schedule the weather during potentially adverse weather conditions so costs associated with weather-related sampling delays are not included in this scope of work. The City of Bremerton has identified that permits will not be required for sampling so the costs to obtain permits are not included in this scope of work. The cost for conducting bioassay testing or the collection of bioassay reference sediment is not included in this scope. An amendment to this scope will be prepared if it is determined that bioassay testing is needed. The total budgeted cost for Task 4 is identified in Table 1. Task 5 – Sediment Monitoring Study Report Addendum Anchor QEA will prepare a brief draft and final Sediment Monitoring Study Report Addendum. The addendum will summarize the field sampling activities, discuss the quality assurance/quality control aspects of the data, and present and discuss the results of all sample analyses. Specific information included in the report will be the data validation report; summary data tables; tables and maps of sampling locations and coordinates; description of methods for sample collection, processing, handling, and transport; copies of chain-of-custody forms; and a description of any deviations from the SAP. Two printed copies of the final addendum will be submitted to Ecology, as well as an electronic (PDF) copy. The sediment chemical data will also be submitted to Ecology's EIM database. The total budgeted cost for Task 5 is identified in Table 1. November 1, 2018 Page 6 Estimated Cost Table 1 presents the estimated cost for each task. Table 1 Estimated Costs Task Description Cost ($) Task 1 Project Integration and Management 14,000 Task 2 Ecology Coordination 12,000 Task 3 Sampling and Analysis Plan Addendum 9,000 Task 4 Field Sampling and Analysis 37,000 Task 5 Sediment Monitoring Study Report Addendum 17,000 Total $89,000 Services will be performed on a time-and-materials basis not to exceed the identified budget without prior written authorization. If you need any additional information, please feel free to contact me at 206) 903-3346 or rbarth@anchorqea.com. I look forward to working with you on this project. Sincerely, Ryan Barth, PE Principal Engineer Anchor QEA, LLC cc: Amanda Shellenberger, PE, and Nathan Soccorsy, Anchor QEA, LLC Larry Willman, City of Bremerton ANCHQEA-01 _ PENNYP ,acoRO CERTIFICATE OF LIABILITY INSURANCE DATE 11/14/201 YY) 11114/2018 _ 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 Regina Caindoy Servco Pacific Insurance 800 Fifth Ave., Suite 2400 PHONE FAX (A/C, No, Ext): (206) 216-4123 (A/C, No):(206) 260-2903 Seattle, WA 98104 nI )F Ess: rcaindoy@bbseattle.com INSURER(S) AFFORDING COVERAGE NAIC # _ INSURER A: Travelers Indemn iy Company of America 25666 INSURED INSURER B: Lloyd's Syndicate 2623 Anchor QEA, LLC 720 Olive Way INSURER C Suite 1900 INSURER D : Seattle, WA 98101 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR _ _TYPE OF INSURANCE IHSo WVD POLICY NUMBER fMM7DD/YYY_]'1._.�hl)ALSi.4::1`_YYYI.. LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0 CLAIMS -MADE C OCCUR 680-6H488049 10/10/2018 10,10/2019 DAMAGE TO RENTED 1,000,0 X X PREMISES (Ea occurrence)_ $ I MED EXP_ fAny one persorfl $ 10,0 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑X JECT LOG X OTHER: GL Policy (CA) #680-6H455473 AUTOMOBILE LIABILITY X ANY AUTO _ BA5398L892 10/10/2018 10/10/2019 OWNED I� SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -AWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X_ OCCUR I EXCESS LIAB CLAIMS -MADE DED X RETENTION $ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? I N /A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below B Prof Liab w/CPL B Prof Liability wICPL CUP6D978124 10/10/2018 10/10/2019 UBOOSJ847765 10/10/2018 10/10/2019 W11053170801 W11053170801 & ADV PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT 1,000,00I Ea accigent) $ BODILY INJURY GPer.person) $ BODILY INJURY (Peraccident) _ $ PROPERTY DAMAGE Per a..dent}. $ EACH OCCURRENCE $ AGGREGATE $ I X PER STAIUTE _ OTH - ER E.L. EACH ACCIDENT $ uxnx - 10/10/2018 10/10/2019 Each Claim 10/10/2018 10/10/2019 Aggregate 1 1 1 1 1 1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional insured status extended for General Liability as required by written contract and subject to policy terms and conditions for the city. Coverage is provided on a primary and non-contributory basis where required by written contract and subject to policy terms and conditions, with respects to General Liability. Waiver of Subrogation applies to General Liability where required by written contract and subject to policy terms and conditions. CERTIFICATE HOLDER City of Bremerton Attn: Risk Management 345 6th Street, Suite 100 Bremerton, WA 98337 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD rUnLy +rvoU-vn•tooU-t7 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury' for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the 'Written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission