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SUBJECT: Professional Services Agreement with Confluence Engineering Group. LLC for Iron and Manganese Evaluation and Control Study AGENDA BILL CITY OFBREMERTON CITY COUNCIL 5D Study Session Date: COUNCIL MEETING Date: Department: Presenter: February 20 2020 Maroh4 2020 Public Works & Utilities— Apfelbeck 5 SUMMARY: The City ofBremerton water utility has experienced periodic customer complaints and operational challenges related to discolored water from the accumulation of iron and manganese in the system. Though these metals are naturally -occurring and primarily a nuisance, causing staining and unpleasant odors and taste, excessive levels of these metals may be harmful. Further, regulated contaminants such as arsenic and lead, which are particularly harmful to human health, may attach toiron and manganese solids and naauop8ndinthe water during high flow conditions. The objective of this study is to quantify the occurrence of iron and manganese from source (surface and groundwater), through treatment and storage, and throughout the distribution system during both normal operations and high flow events such as avatenn flushing. This work will review existing data, develop and implement monitoring plan tofill data gape, and use resulting monitoring data to develop a set of recommended treatment and/or operational measures to minimize iron and manganese accumulation. ATTACHMENTS: 1\ Project Summary; and 2) Professional Services Agreement with Confluence Engineering Group, LLC FISCAL IMPACTS (include Budgeted An`munU: $1OO.00Ofrom the Water Utility Operations Budget; no budget additions or changes required. STUDY SESSION AGENDA: N Limited Presentation [] Full Presentation STUDY SESSION ACTION: X Consent Agenda 0 General Business El Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Confluence Engineering Group, LLC; and authorize the Mayor tofinalize and execute the agreement with substantially the same terms and conditions oypresented. COUNCIL ACTION: 4YApprove El Deny 0 Table El Continue F-1 No Action Form Updated 01/02/2018 PROFF,SSIONAL SERVICES AGREEMENT Iron and Manganese Evaluation and Control Study The City of Bremerton ("CityConfluence Engineering Group, LLC ("Consultant"h 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 January 28, 2020, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section 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 $100,000. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page i of 14 Bremerton/Confluence Engineering Group, LLC Iron &Manganese Evaluation and Control Study Rev. 1 I /2� 19 IV. Relationship of Parties; Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Ariy 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 INDEI4ZNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Page 2 of 14 Bremerton/Confluence Engineering Group, LLC Iron &Manganese Evaluation and Control Study Rev. 1 I J2019 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -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 Z. 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 Liabili insurance with limits no less than $1,000,000 limit per occurrence/claims and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self -insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 3 of 14 Bremerton/Confluence Engineering Group, LLC Iron &Manganese Evaluation and Control Study Rev. I 1 /2019 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 btn Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub -consultants or sub -contractors} as part of the work covered by this Agreement, it shall be the Consultant's responsibility to require and confirm that each sub -consultant or sub -contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports .and In�'�rmation: 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. Ownersh� 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 Page 4 of 14 Bremerton/Confluence Engineering Group, LLC Iron &Manganese Evaluation and Control Study Rev. 11 /2019 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 111ages. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington and at City facilities. 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 Ag_re�m�nt: 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. Severabilty: 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: Water Utility Manager City of Bremerton 100 Oyster Bay Ave N. Bremerton, WA 98312 Notices to be sent to: CONSULTANT: Attn: Melinda Friedman, President Confluence Engineering Group, LLC 517 NE 92" d Street Seattle, WA 98115 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. Page 5 of 14 Bremerton/Confluence Engineering Group, LLC Iron &Manganese Evaluation and Control Study Rev. i 1/2019 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, its obligations under this Agreement. and local laws in performing 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. tlatorne, sy '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. Assi ng_ment: 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 delays 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 Page 6 of 14 Bremerton/Confluence Engineering Group, LLC Iron &Manganese Evaluation and Control Study Rev. 1112019 of the delay, ]f, 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. [Zit.;hts Upon TcrminatiOn: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City, After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. 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. C[TY OF BREMERTON B4' Print Nam Greg, Wheeler lts: IMavor I?ate:�, 3e 1 Z, APPROVED AS TO FORM: Roger A, Lubovich, Bremerton City Attorney CONSUL"I'AN"I': CONFLUENCE ENGINEERING GROUP, LLC: � Print Namev. Melinda Friedman Its: :, I'rc�siclet�t Dater L20�— ATTEST: 13y: AnI ft:`I c�al�l.cgal�l�c>nnslfOrt�tS C)v CUIi1VI:L3\l'rafbssion;il Scrvicrs Agrccmcnl Itev ID ?gl9.dcirx P�lgc 7 of 14 Bremerton/Confluence Engineering Group, LL.0 tron & Manganese Gvalualian ancf Control Stucly Rev. 1 f /20 r 9 PROFESSIONAL SERVICES AGREEMENT FOR WATER QUALITY SERVICES EXHIBIT A -- SCOPE OF WORK BACKGROUND The City of Bremerton (City} has experienced customer complaints and operational challenges related to periodic discolored water. In 2012, the City contracted with Confluence Engineering Group (Confluence) to perform a desk -tap review of distribution system issues, specifically related to iron and manganese attributed to the Anderson Creek wellfield. Confluence completed a Technical Memorandum (TM) reporting observations based on available data, implications of identified monitoring and operational data, and recommended additional monitoring steps. The TM also outlined potential control strategies. This work will update and expand previous recommendations based on additional data, if available, identify information gaps, and provide guidance and assistance for additional field data collection. Collected data and information will be used to develop a set of recommended treatment and operational measures that will be collaboratively screened with the City for future implementation. This Scope of Work (Scope) presents Confluence's approach for the Iron and Manganese Evaluation and Control Study. SCOPE OF WORK —IRON AND MANGANESE EVALUATION AND CONTROL STUDY Task 1—Kick-off Workshop &Site Visit Objective The purpose of this task is for Confluence to meet with the Bremerton personnel responsible for water quality assurance and field operations to provide an overview ofthe study's objectives, anticipated impact to City personnel, to support cross -organizational awareness, and to solicit operational knowledge important to the successful completion of the project. Activities 1. Prepare Meeting plan, agenda and materials; confirm with the City. 2. Three key members of Confluence to participate in an onsite project kickoff meeting (2 hrs) to discuss project activities and objectives, transfer system knowledge, and tour key system facilities such as well sites, treatment facilities, and storage tanks (3 hrs). 3. Collect and summarize feedback, concerns, questions and topics covered and develop Workshop notes Bremerton/Confluence Engineering Group, LLC Iron &Manganese Evaluation and Control Study Rev. I I /2019 Deliverables 1. Kickoff Meeting Agenda and Plan (in advance) 2. Kickoff Meeting notes. City's Responsibilities 1. Coordinate, host, and participate in the Kickoff Meeting. 2. Provide staff to assist Confluence with tour of key facilities. Task 2 —Data, Monitoring and Operations Program Review &Analysis Objective Review water quality data collected since previous work (2012} for the Anderson Creek wellfield, and evaluate data available for Well 13, Well 14, the surface water sources, and available distribution system / customer data. Review in -place monitoring programs and practices. Ensure clear understanding of relevant system operational requirements and constraints. Identify trends and data gaps, and operational requirements and constraints that could affect mitigation strategies. Activities I 1. Considering information learned at kickoff meeting, prepare a detailed data request and provide a Request for Information to the City. At this time this is anticipated to be focused on water quality at the identified wells, any relevant data collected within the distribution system, within storage facilities, customer call information, and any available operational data collected through flushing and/or pigging activities since 2012. This request will include any procedures and processes developed and used by City personnel to conduct Unidirectional Flushing (UDF) and foam swabbing, or pigging, if available. 2. Synthesize up-to-date source water quality data for the Anderson Creek wellfield, Well 13, Well 14, particularly related to manganese and other inorganic constituents, and water chemistry. 3. Review the most current system analysis (from Water System Plan, or other available sources) to ensure understanding of how the system operates hydraulically, and what constraints exist with respect to source selection, pumping regimes, transmission and distribution alternatives, treatment and storage system operation. 4. Interview identified City staff with expertise and knowledge of system operations to "truth" understanding of system operation, specifically with focus on how operational constraints and priorities may affect recommended strategies for iron and manganese control. 5. Prepare a Technical Memorandum synthesizing available data and monitoring practices, identifying gaps and information needs important to control strategy development, and identifying operational processes and procedures that potentially bear on iron and manganese management in the distribution system. Deliverables 1. Request for Information. 2. Data review summarized in DRAFT and FINAL Technical Memoranda. Page 9 of 14 Bremerton/Confluence Engineering Group, LLC Iron &Manganese Evaluation and Control Study Rev. 11/2019 City's Responsibilities 1. Provide Confluence with identified quality data for specified wells 12012 — 20191 in Excel format file. 2. Provide Confluence with Customer calls/complaints regarding discolored water or related concerns, preferably in a GIS format, if available. 3. Provide available data collected from field investigations, reservoir cleaning, flushing/pigging and similar activities in Excel format file. 4. Provide any established monitoring plans or established formal or informal monitoring practices specific to metals, microbials, or other parameters, at the source or from within the system. Provide the most current system analysis available. 5. Provide City experts for an interview to confirm and better inform operational understanding. 6. Provide review of the DRAFT Technical Memorandum and provide a consolidated set of review comments. Assumptions 1. Customer call data is available in a GIS format compatible with ESRI software. 2. Review periods for technical memoranda will generally be within a two week turn -around period. This will be the consistent operating expectation throughout. City's Responsibilities 1. Provide the most current system analysis available. 2. Provide City experts for an interview to confirm and better inform operational understanding. 3. Complete a review of the DRAFT Technical Memorandum and provide a consolidated set of review comments. Task 3— Water Quality Monitoring Plan Development Objective Based on the information developed in Tasks 2 and 3, together with input from the City, Confluence will prepare a detailed and implementable Water Quality Monitoring Plan (WQMP). Activities The WQMP is anticipated to have multiple sections, as outlined in the items listed below. Review of current monitoring practices and data will inform the degree to which any of these sections require further development: 1. Develop a source specific WQMP section for evaluation of inorganic and microbial contributions from identified sources. At this time this is expected to include Wells 13, 14, and the Anderson Creek Wells. If data {or a lack of data} indicates that Into summer or fall conditions warrant further evaluation of the primary surface water source, the Union River supply may be included. 2. Develop a WQMP section for event -based activities, including planned flushing and/or pigging operations, major operational changes {examples may include: source of supply startup or shutdown, pump station operations, major transmission flow changes}, or other anticipatable Page 10 of 14 Bremerton/Confluence Engineering Group, LLC Iron &Manganese Evaluation and Control Study Rev. 11 /2019 events suspected of contributing to discolored water issues. This will include recommendations for monitoring during unplanned activities (customer calls, discolored water events due to fireflow, etc.). Deliverables 3. A DRAFT and FINAL Water Quality Monitoring Plan, including proposed schedules, anticipated resource requirements, and outcome objectives. It is anticipated that the WQMP will include recommendations for key metals of interest, as well as microbiological and physical parameters, including turbidity and total suspended solids. The plan will be tailored to bulk water samples or event-based/main cleaning activities that will generate solids, as appropriate. City's Responsibilities 1. Complete a review of the DRAFTTechnical Memorandum and provide a consolidated set of review comments. 2. Implement monitoring plan and provide results to Confluence in Excel format. Task 4 —Pilot UDF and foam swabbing in an identified problem area of the distribution system to support optimized practices. Objective Complete well -planned cleaning trials to better understand legacy accumulation and relative cleaning performance, and to inform recommended alternatives for ongoing system operations and maintenance. Activities 1. Review data and information from Tasks 1-3 to identify a candidate pilot area for main cleaning trials. Review candidate areas with the City to select a pilot test area. 2. Conduct 2-hr Webex with City staff to review equipment needs, protocols, site selection options. 3. Develop main cleaning trial plans, including estimates of operational duration. 4. On -site tests: Two Confluence staff members to travel to Bremerton for two days to implement the distribution system unidirectional flushing (UDF) and foam swabbing plan. Confluence staff will guide the operation of field activities, in coordination with City needs, and guide the collection of samples during the test period. 5. Confluence will confirm or offer recommendations for City practices with respect to the planning and execution of UDF and swabbing activities. 6. Organize, review and develop a technical memorandum presenting findings from field trials. Deliverables 4. Bullet summary of key equipment and resource needs (to be provided by the City, unless otherwise specified) for the UDF and swabbing trials. 5. Planning Webex 6. A DRAFT and FINAL Technical Memorandum of findings from flushing & swabbing trials. Pagel 1 of 14 Bremerton/Confluence Engineering Group, LLC Iron &Manganese Evaluation and Control Study Rev. 11 /2019 City's Responsibilities 1. Participate in Planning Webex. 2. Provide staff/crew support for the distribution system flushing and swabbing trials. Procure additional resources, consumables, etc. as needed. 3. Coordinate with Confluence on selection of location of the problem area for UDF and swabbing trials. Develop and document flushing loops, pre -inspect areas to confirm assets are operable and water disposal can be accommodated; and procure necessary equipment. 4. Pay all laboratory -related fees and/or analytical costs. 5. Complete a reviewofthe DRAFT Technical Memorandum and provide a consolidated set of review comments. Task 5 —Treatment &Operational Alternatives Analysis Ubjectrve Complete aplanning-level analysis of selected treatment and operational options to prevent on- going accumulation of iron and manganese in the system to support City decision -making. Should the City determine to pursue treatment options, additional bench and pilot studies will be needed for sizing and selection. Actrvit�es 1. Based on the information and data collected in Tasks 1-4, complete an evaluation of candidate treatment options to determine sources that may warrant treatment, recommended treatment process options, and recommended facility locations) such as wellhead or centralized locations. Cand'++date treatment recommendations will outline prudent and necessary addition field or pilot studies to demonstrate efficacy of treatment and allow improved cost estimation. This evaluation will consider aesthetic, health, and potential regulatory perspectives. 2. Complete an evaluation of operational alternatives based on the data and information collected, and field trial results. 3. Prepare a technical memorandum to summarize information in Tasks 5.1 and 5.2 and create a matrix of potential treatment and operational alternatives. Matrix to include description of alternative, relative pros/cons, and planning -level capital and 0&M costs. Delive��r�bles 7. A DRAFT and FINAL Technical Memorandum of treatment and operational alternatives, including a matrix of those alternatives and associated, planning level costs. City's Responsibilities 1. Complete a review ofthe DRAFTTechnical Memorandum and provide a consolidated set of review comments. Page 12 of 14 Bremerton/Confluence Engineering Group, LLC Iron &Manganese Evaluation and Control Study Rev. 11 /2419 Task U- Proiect Management Objective Organize and manage the project to fulfill the project objectives described in this Scope of Work. Activities 1. Manage project team, budget and schedule. 2. Prepare monthly progress reports and invoices. 3. Conduct quality control (QC) reviews of project deliverables. Deliverables l . Monthly progress reports and invoices. City's Responsibilities l . Review invoices and submit payment per the terms provided with the invoice. Page 13 of 14 Bremerton/Confluence Engineering Group, LLC Iron &Manganese Evaluation and Control Study Rev. 1 I /2019 EXHIBIT B - SCHEDULE The work described under this Scope of Work will be complete by October 30, 2020. This is based on the following timeline plan: Notice to Proceed by March 6, 2020 Task 1 — Complete by March 20, 2020 Task 2 — Data Request provided to City by March 23, 2019 Task 2 — Data Request — data received by April 6, 2020 Task 3 — WQMP complete by April 15rh Task 4 — April 15Ih — June 1 (City continues event -based monitoring through September) Task 5 — September 18, 2020 Draft, October 30, 2020 Final EXHIBIT C -RATE SCHEDULE Confluence Engineering Group, LLC 2020 Rate Schedule Employee Title Standard Rate Stephen Booth, P.Eng., Ph.D Sr. Project Manager 206 Melinda Friedman, P.E. President 260 Michael Hallett COO/Field Scientist 164 Andrew Hill, P.E. Sr. Project Manager 210 Chris McMeen, R.E. Sr. Project Manager 240 Alex Mofidi, P.E. Sr. Project Manager 233 Virpi Salo-Zieman, P.E. Project Engineer 150 Danbi Wan, EIT Engineer 110 • Professional fees are billed on a time basis. All charges are portal to portal. • Expenses paid on client's behalf are billed with 5% overhead. • Charges include, but are not limited to, the following: o Travel Expenses o Off -site Lodging and Meals o Communications costs o Library Charges o Outside Messenger Services o Laboratory Fees o Sample Collection & Preparation costs Page 14 of 14 Bremerton/Confluence Engineering Group, LLC Iron &Manganese Evaluation and Control Study Rev. I I/20I9 CERTIFICATE OF LIABILITY INSURANCE 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 Omega Financial Investments &Insurance 10827 NE 68th St Suite B KIRKLAND, WA 98033 INSURED INSURER B CONFLUENCE ENGINEERING GROUP LLC INSURERC: 517 North East 92nd INSURER D Seattle, WA 98115 INSURERE: COVERAGES CERTIFICATE NUMBER: 00000000-815509 Chris Kelly-Storbeck is c_ (4251827-0889 Nel AFFORDING REVISION NUMBER: 147 NAIC # 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 ADD SUB POLICY £FF POLICY EXP LIMITS LTR POLICY NUMBER MIDD/YYYY MMIDDIYYY A X COMMERCIAL GENERAL LIABILITY Y Y EPK-126224 '03/1912019 03/19/2020 EACH OCCURRENCE s 2000000 CLAIMS -MADE ® OCCUR , AMAGE TO RENTED PREM PREMISES Ea S 50 000 occurrence) MED EXP (Any one person) S 50000 PERSONAL & ADV INJURY $ ?J 0001000 2000000 GEMLAGGRE_GA_TE LIMIT APPLIES PER: GENERAL AGGREGATE $ X POLICY 'PRO• LOC JECT PRODUCTS _COMP/OP AGG s 2 000 000 — _-1 $ OTHER: B AUTOMOBILE LIABILITY 06354632-7 03128/2019 03/28/2020 COMBINED SINGLE LIMIT (�a„���adant. $ _11000 000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED I BODILY INJURY (Par accident) $ AUTOS ONLY AUTOS HIRED NON -OWNED PROPERTY DAMAGE: AUTOS ONLY AUTOS ONLY (Per accident) is UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE S DED RETENTION $ S A WORKERS COMPENSATION EPK-126224 03/19/2019 03/19/2020 PER STATUTE X Ol ER StopGap AND EMPLOYERS LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE E L EACH ACCIDENT $ 1,000,000 N J A OFFICER/MEMBER EXCLUDED9v"' 1,000,000 (Mandatory in NH) E L DISEASE - EA EMPLOYE S If describe under DESCRIPTION OF OPERATIONS below E L- DISEASE - POLICY LIMIT S 1,000 000 A Professional Liab EPK426224 03/19/2019 03/19/2020 Per Occ 230000000 A Professional Liabill EPK426224 03M9/2019 03/19/2020 Aggregate 2,0009000 DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: City of Bremerton Technical Assistance Water Quality SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 100 Oyster Bay Ave N Bremerton, WA 98312 AUTHORIZED REPRESENTATIVE (CK! i�il If pi'l All IN 11 ill Printed by CKS on May 01, 2019 at 03:25PM Aff MEMO, AGENCY CUSTOMER ID: 00000000 LOC #: ADDITIONAL REMARKS SCHEDULE AGENCY Omega Financial Investments & Insurance POLICY NUMBER NIA CARRIER NAIC CODE Multiple Carriers NAMED INSURED CONFLUENCE ENGINEERING GROUP LLC Page 2 of 2 Printed by CKS on May 01, 2019 at 03:25PM e oMCkaA f i n a n c i a l investments & insurance 10827 NE 68�' St Suite 200; Kirkland WA 98033-4000 T 425/822/5722 F 425/827/0889 Omega Financial Investments &Insurance, will issue certificates of insurance in accordance with statutory laws. We will only issue the most current edition of the ACORD certificates of insurance - a revised edition of the Acord 25 was published in October 2009. The issuance or modifica#ion of a certificate of insurance that in any way misrepresents any material term, condition, coverage or other provision as set forth in the policy, or deliberately or falsely amends or alters the insurance policy or assists in such issuance or modification violated the state law and subjects the violator to civil and criminal penalties. The only information allowed to be entered in the Description of Operations area of the ACORD certificates of insurance is the description of operations, the locations and/or vehicles covered by the in -force policy. Wording referencing forms or status must be added in the Remarks section. The certificate holder is not owed a duty to be notified in the event the insurance policy is cancelled. There is no longer a "30 day notice" provision in the certificate and it cannot be added. Only a policy can obligate an insurer to provide notice of cancellation. Unless a policy's provisions explicitly provide for notice to a party also listed as the certificate holder on the certificate of insurance, the insurer is not obliged to notify that party. Please note a certificate of insurance is simply a summary of the designated insurance policy and does not /cannot modify or amend the reference insurance policy or confer any right upon the certificate holder. For purposes of this notice, "certificate" or "certificate of insurance" means any ACORD certificate of insurance, which is prepared or issued by an insurer or insurance agent as evidence of property or casualty insurance coverage but does not include an actual copy of the insurance policy or insurance binder. Please contact the Washington State Office of the Insurance Commissioner for further explanation. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART erne of Person�sj or c�rganizatian(sy anket when specifically required in a written contract with the named insured. SECTION VI -COMMON CONDITIONS, item 17. Transfer Of Rights of Recovery Against Others To Us within the Common Provisions is amended by the addition of the following: Solely as respects the person(s) or organization(s) indicated in the Schedule shown above, we waive any right of recovery we may have against the persons) or organizations) indicated in the Schedule shown above because of payments we make for "damages" arising out of your ongoing operations or It work" performed under a written contract with that person(s) or organization(s) and included in the of operations hazard". However, this waiver shall not apply to "damages" resulting from the sole negligence of the person(s) or organizations} indicated in the Schedule shown above. ALL OTHER TERMS ANQ CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0109-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsemen# modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE ame Of Additional Ensured Persons) or 4rganization�s} ket when specifically required in a written contract with the named insured. SECTION 111 —WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the persons) or organizations) indicated in the Schedule shown above, but only with respect to liabM v caused, in whole or in part, by "your work" for that insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0111-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. III 11111i!' I 1 11 11 1FJ 11111111110T This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART Name Of Additional Insured Rerson(sj or Organization(s� Blanket when specifically required in a written contract with the named insured. A. SECTION 111 —WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the persons) or organizations) indicated in the Schedule shown above, [JUL solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages"arising out of "your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118-0211 Page 1 of 1 OMEGA FINANCIAL 10827 NE 68TH ST€ B KIRKLAND, WA 98033 CITY OF BRMERTON 345 6TH STREET BREMERTON, WA 98607 RECEIVED MAR 2 3 2020 City of Bremerton Risk Management Additional insured endorsement Name of Person or Organization CITY ®F 6RMERT©N 345 6TH STREET RRE°MLR'f()N, WA 98607 PR0GREll/l/E` COMMERCIAL Policy number: 06354632-8 Underwritten by: United Financial Casualty Company Insured: CONFLUENCE ENGINEERING March 18, 2020 Policy Period: Mar 28, 2020 - Mar 28, 2021 Mailing Address United Financial Casualty Company PO Box 94739 Cleveland, OH 44101 1-800-444-4487 For customer service, 24 hours a day, 7 days a week he person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page, Limit of Liability Bodily Injury Not applicable Property Damage Not applicable Combined Liability $2,000,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 06354632-8 Issued to (Name of Insured): CONFLUENCE ENGINEERING GROUP, LLC f(ective date of endorsement: 03/28/2020 Policy expiration date: 03/28/2021 rnnn i 199 (01/04) KEY INSURANCE LLC 4800 S 188TH ST #220 SEATAC, WA 98188 CITY OF BREMERTON 345 6TH STREET BREMERTON, WA 98311 RECEIVED MAR 2 3 2020 City of Bremerton Risk Management P 79aPREW11F0 COMMERCIAL Policy number: 066691854 Underwritten by: United Financial Casualty Company Insured: JAMES D GRAY March 18, 2020 Policy Period: Apr 20, 2020 - Oct 201 2020 Mailing Address United Financial Casualty Company PO Box 94739 Additional insured endorsement Cleveland, OH44101 Name of Person or Organization CITY OF BREMERTON 345 6TH STREET BREMERTON, WA 98311 1-800-444-4487 For customer service , 24 hours a tiny, 7 days a week The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury $100,000 each person/$300,000 each accident Property Damage $50,000 each accident Combined Liability Not applicable All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 06669185-4 Issued to (Name of Insured): JAMES D GRAY AAA TAXI Effective date of endorsement: 04/20/2020 Policy expiration date: 1012012020 Fonn 1 198 (01/04) OMEGA FINANCIAL 10827 NE 68TVI STE B KIRKLAND, WA 98033 CITY OF BRMERTON 345 6TH STREET BREMERTON, WA 98607 CITY OF BRMERTON 345 6TH STREET BREMERTON, WA 98607 Policy number: 06354632-7 Underwritten by: United Financial Casualty Company Insured: CONFLUENCEENGINEERING March 16, 2023 Policy Period: Mar 28, 2023 - Mar 28, 2024 r »rl it it». or customer service F, Z4 hours a day, 7 days a week The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page, Limit of Liability Bodily Injury Property Damage Combined Liability Not applicable Not applicable $2,000,000 each accident ,411 other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 06354632-7 Issued to (Name of Insured): CONFLUENCE ENGINEERING GROUP, LLC Effective date of endorsement: 03/28/2023 Fonn I198101iO4) Policy expiration date: 03/28/2024