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HomeMy WebLinkAbout5595AGENDA BILL 7J CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with Parametrix for the Ostrich Bay Creek Retrofit Plan Design Project Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: July 13, 2016 July 20, 2016 PWBU Kathleen Cahall 360473-2315 SUMMARY: The City of Bremerton accepted a Stormwater Financial Assistance Program (SFAP) Grant from the Department of Ecology to fund the design of the Ostrich Bay Creek Retrofit Plan Design project. The benefits of this project will be a 100% ready to construct design that will reduce runoff and improve stormwater quality entering Ostrich Bay Creek and Oyster Bay. Parametrix has been selected as the engineering firm best qualified to design this project according to the requirements and schedule of the grant. ATTACHMENTS: 1) Professional Services Agreement with Parametrix FISCAL IMPACTS (Include Budgeted Amount): The Stormwater Utility has received a $67,500 grant from the Department of Ecology for design of stormwater capital improvements with $22,500 match for a total project cost of $90,000. Matching funds have been programmed and are available in the Stormwater capital fund. STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Parametrix for the Ostrich Bay Creek Retrofit Plan Design project in the amount not to exceed $90,000; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [Approve Form Updated 01107115 ❑ Deny ❑ Table ❑ Continue ❑ No Action PROFESSIONAL SERVICES AGREEMENT Ostrich Bay Creek LID Retrofit Plan Design /Parametrix Inc. 1489 The City of Bremerton ("City") and Parametrix, Inc. ("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 May 25`h, 2016, 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 IKA 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 $90,000. 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. 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 Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Page 1 of 15 Rev 02-16 expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL -INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 2 of 15 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, or sub -consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 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 obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 3 of 15 certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6`h Street, Suite 600, 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 Bremerton, 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 the performance of the work hereunder and shall utilize all protection necessary for that purpose. Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Page 4 of 15 Rev 02-16 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 Bremerton, 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 1 st 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. City Address Public Works and Utilities 100 Oyster Bay Avenue N Bremerton, WA 98312 Consultant Address Parametrix, Inc. 60 Washington Avenue, Ste. 390 Bremerton, WA 98337 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. 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. Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 5 of 15 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. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. 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 Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 6 of 15 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. CITY OF BREMERTON By: Patty its: M Date:% . X116 CONSULTANT, (Parametrix, Inc.) its: U Date: J-1 Approved as to form: Attest: , jl,,,� pc-"� Bremerton City Attorney City Clerk U:\PSO\Shared\Divistons\OfliceSupportSvs\Confid\from-BREM\Contracts\00-2016 Contracts\2016 Client Agreements\City of Bremerton\Ostrich Bay Creek\Ostrich Bay Creek LID design PMX_PSA16_06_29.docx EXHIBIT A - SCOPE OF WORK May, 25,2016 PROJECT DESCRIPTION The City of Bremerton received funding from the Department of Ecology Water Quality Combined Financial Assistance Program to design a stormwater low impact Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Page 7 of 15 Rev 02-16 development (LID) project. Project criteria and completion deadlines are specified by the grant. The City's Project Manager for this will be the Stormwater Permit Coordinator under the direction of the Water Resources Manager. The City of Bremerton will complete a 90% low impact development retrofit plan for the Ostrich Creek drainage basin that resides within the City's limits. The goal is to improve water quality and attenuate stormwater runoff to reduce peak flows. Ostrich Bay Creek has fecal contamination and peak volume problems that impact Ostrich and Oyster Bays, both of which have a fecal coliform TMDL. Control and treatment of stormwater runoff will reduce stormwater impacts on the creek and Ostrich Bay. Project Description: Ostrich Bay Creek is one of the most polluted streams in Kitsap County. Multiple sources of pollution impact the creek and Ostrich Bay. Kitsap Health District has posted Ostrich Bay Creek for "No Contact" due to pollution from failing or poorly performing septic systems and Ecology has issued a fecal coliform TMDL for Ostrich Bay. Fecal contamination is predominately from failing septic systems in this drainage; however, stormwater is a significant contributor. The Kitsap Health District is actively monitoring water quality of the creek. Large impervious surfaces of SR 303, Kitsap Way, roads and large commercial asphalt lots drain into the stormwater system and to the creek. Significant storm events cause instantaneous peak flows and scour the stream bed due to the lack of detention in the system. Installation of detention and/or infiltration systems will reduce peak runoff and help address this problem. Water quality and quantity problems will be significantly reduced with LID stormwater treatment and volume control systems. Bremerton will develop a retrofit plan based on site-specific evaluation of soil type, treatment potential/capacity, potential impact to local hydrogeology, and potential to effectively reduce runoff volume and improve water quality of discharges to the creek. A LID retrofit design plan and specifications bid package will be developed with the goal of addressing stormwater runoff water quality and quantity concerns for Ostrich Bay Creek. The design plan will use the most appropriate stormwater treatment and detention systems for the sites identified. Overall Goal: The goal of this project is to improve water quality using LID treatment systems and restoring natural runoff volumes to Ostrich Bay Creek by attenuating flow with infiltration and detention systems. This project will develop construction ready design plans and bid specifications for Ostrich Bay Creek LID Retrofit to service areas within the City of Bremerton limits. Previous Design Work: Parametrix prepared a preliminary (30%) design for the Ostrich Bay Creek LID Retrofit in 2015. The assumptions and approaches developed for this preliminary design will be verified and all applicable previous work will be incorporated into the new design. Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 8 of 15 SPECIAL REQUIREMENTS Project design will reference Water Quality Combined Financial Assistance Agreement No. WQC-2016-BremPW-00224, Department of Ecology (DOE) Grant Program Guidelines August 2013 (Publication no. 13-10-032), and the Stormwater Management Manual for Western Washington (August 2012). PROJECT TASKS TASK 1 PROJECT MANAGEMENT AND MEETINGS Parametrix Activities Manage budget and schedule Hold face to face meetings and progress calls with City Project Manager as needed and at key milestones Prepare monthly progress reports and invoices City Responsibilities • Participate in progress calls and meetings • Payment of submitted invoices within 30 days Deliverables Minutes from progress calls summarizing key action items Monthly progress report and invoice Assumptions • Up to four face to face meetings will be held with City staff including design submittal review meetings and a presentation of the final design to Bremerton Public Works and Utilities Department staff. • Project duration will be 14 months (August 15, 2016 through September 29, 2017). TASK 2 DESIGN Parametrix Activities • Submit data requests to City • Provide quality control reviews • Update the existing Basin Maps developed during the work with Right of Way (ROW), stormwater infrastructure, and soil type overlays using existing GIS layers. • Perform a brief alternatives analysis for the LID retrofit considering applicable LID techniques, sub basin size, available room within the existing ROW to fit LID facilities, and potential for infiltration. The outcome of the analysis will be the selection of LID facilities for the design moving forward. The analysis will Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 9 of 15 also consider the approach developed during the previous design work and incorporate the design features as appropriate. To fit within the available budget, it is assumed that a total of four topographic base maps and four Paving and Drainage plan and profile sheets will be produced at a scale of 1 inch equals 20 feet. The plan sheets may contain designs for individual LID facilities or groups of facilities if they fit within the limits of the mapped area. This approach may be revised following the alternatives analysis. Design project components that may include: Filterras Modular Wetland Systems Bioretention swales Manholes with flow splitting weirs Sediment and trash filtration pre-treatment structures • Prepare plan sheets as listed in Exhibit C City Activities • Furnish available data requests, drawings, records,, etc. in a timely manner • Provide timely review of deliverables • Provide a loaner copy of pertinent stormwater planning documents Deliverables Submit 4 copies of a Design Report (including 30% design plans and construction cost estimate) by January 15, 2017 Submit 4 copies of the 90% design (plans, specifications, and estimate) by May 29, 2017 Submit 4 copies of the final design (100% plans, specifications, and estimate) by August 15, 2017. The final design shall incorporate changes pursuant to comments received on the preliminary and 90% designs. Assumptions • Notice to proceed will be received on August 15, 2016. • All permits will be obtained by the City with limited support by Parametrix (16 hrs total). • Design will include a total of 4 Paving and Drainage plan and profile sheets. • PIT tests will be completed at four locations by City staff to support infiltration design at sites where soils have the potential to infiltrate. • Preliminary designs may be adjusted with input from the City and Ecology prior to completion of Final Design. • City review for each submittal will be completed within 2 weeks. Ecology review for 30% and 90% submittals will be completed within 45 days. • For each submittal, 4 hard copies will be submitted, plus electronic copies with reports in MS Word and PDF formats, with spreadsheets in Excel format. Plans will be provided in half size (11 x17) hard copies. Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Page 10 of 15 Rev 02-16 TASK 3 FINAL BID PACKAGE Parametrix Activities • Prepare Final Bid Package plans, specifications, contract documents, and engineers estimate incorporating City review comments to the final design. Deliverables • Submit 4 copies of the Final Bid Package (Bid Set plans, specifications, and estimate) by September 15, 2017. • Digital CAD files Assumptions • The City will provide the most current version of contract documents for use by Parametrix. • Four hard copies will be submitted, plus electronic copies with reports in MS Word and PDF formats, with spreadsheets in Excel format. Plans will be provided in half size (11 x17) and full size (22x34) hard copies. TASK 4 SURVEY Parametrix Activities . Perform a topographical survey of up to four LID implementation areas sufficient for design and develop a base map of each area. Deliverables • Final topographical base maps (four) for use in design plans. • Digital survey files Assumptions • Survey of approximately 300 to 400 lineal of roadway in each project area will be performed, extending from approximately right of way line to right of way line. • Survey will include boundary lines, topography, break lines, surface features, and all utility locations including pipe inverts. TASK 6 DIRECTED SERVICES Parametrix Activities • Perform additional services at the direction of the City including retaining a geotechnical sub -consultant. Deliverables As directed by the City. Assumptions Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 11 of 15 • Work under this task will require prior written direction from the City. EXHIBIT B SCHEDULE Notice to proceed Basin Maps and Alternatives Analysis 30% Design Plans/Design Report Response to Design Report comments 90% Design ready for Ecology review Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Page 12 of 15 August 15, 2016 October 14, 2016 January 16, 2017 March 16, 2017 May 29, 2017 Rev 02-16 Final Design incl. Ecology comment response August 15, 2017 Proposed Construction Schedule August 17, 2017 Final Bid Package September 15, 2017 Project Closeout June 30, 2018 Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 13 of 15 EXHIBIT C - BUDGET ®M M@Mmmmmmmm, 6;". m -_ -_ I �_111-11111.__11111.11111._111�`Jl+i -_ '.Its,. ' '.1_,"__•II_ sf+l �_�©_111-111-_IIIII-111-® 41'iti 111■_ . '. �lfl.l, �_�_______© t. __ __________11111111 !i•.II I-1- 1•. ._. �:. _____1_1-1-1_1__ •:. I Ir. •i�7 � ' � .� I 11'1 Pmpled led 5F oedd 0. - - . PE Fey k. &:Wdon 34 PE M -9m) fs-kir,4 OddM Bap Creek RebW1 Pm oeOgn Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Page 14 of 15 Pagel Rev 02-16 Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 15 of 15 Client#: 632807 Page 2 of 3 11 MASSACONr ,� ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/16/2016 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 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 BB&T Insurance Services, Inc. P.O. Box 2190 RECEIVED Alpharetta, GA 30023 DEC 2 3 24 NAAOME:NTACT "C"E,_ ,.n0 664-6818 (AIC, N,): 888-827-9870 A E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAICs INSURER A: Phoenix Insurance Company 25623 INSURED J Massana Construction IncCharter 115 Howell Road City of Bremerton Tyrone, GA 30290-2724 Risk Management INSURER IB: Travelers Property Casualty Co 25674 Oak Fire Insurance Com 25615 INSURER c : p INSURER D: Federal Insurance Company 20281 INSURER E: Steadfast Insurance Company 26387 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 CONTRACTOR 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. LTRR TYPE OF INSURANCE NSRL WVD POLICY NUMBER MMND YYYFY MM/LDYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY C091342811 80 01/01/2017 01/01/2018 EACH OCCURRENCE $11,000,000 CLAIMS -MADE I Al OCCUR PREMISES EaEoNaunence $300,000_ X PD Ded: $2,500 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY �I JECT 0 LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 8109G428180 1/01/2017 01/01/201 Eaaccident)DSINGLELIMIT 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X NON -OWNED X HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per adent cci $ B J( UMBRELLA LIAB I OCCUR CUPOJ098634 1/01/2017 01/01/201 EACH OCCURRENCE $13000000 _ EXCESS LIAB X CLAIMS -MADE AGGREGATE 03,000,000 $ DED I XI RETENTION $10,000 `+ WORKERS COMPENSATIONU1391-1039354 1/01/2017 01/01/2018 X PER Os TUTE TH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) N / A E.L. DISEASE - EA EMPLOYEE $1,000,000 H yes, describe under DESCRIPTION OF OPERATIONS below _ 6706910 01/01/210117101/011/2011 E.L. DISEASE -POLICY LIMIT $1,000,000 D Equipment $600,000 Leased/Rented D Install Floater 6706910 0l/01;2017101/01/201 $3,000,000 Any ane Loc E Pollution CPLO18021801 07115120161071151201 $5,000,000410,000 dED DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additlonal Remarks Schedule, may be attached It more space Is required) ** Workers Comp Information ** States Excluded; OH, WA, WV, WY, NV Project: Crosswalk Improvements - Federal Aid Project # STPUS-9918(015) City Bremerton and its officers, elected officials, employees, agents and volunteers are included as Additional Insured with respect to the General Liability, Auto Liability and the Umbrella follows form. Coverage provided is primary and non-contributory. Policy endorsements attached. CANCE Cit of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th Street, Suite 600 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE r '+ © 98 1 1 CORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S17256739/M17256593 AVP Client#: 319834 PARAMINC ACORM CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DDNYYY) 7/01/2016 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 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 USI Kibble & Prentice 601 Union Street, Suite 1000 Seattle, WA 98101 206441-6300INSURERS) NAME: Cr Please send all requests by aIc°NN :fax or email F^X 610-362-8518 ac, Ne : EMAIL ADDRESS: CLCertRequest@usl.biZ AFFORDING COVERAGE MAIC # INSURER A: Massachusetts Bay Insurance CO I f U1 N 22306 INSURED INSURER B: Hanover Insurance Company 22292 Parametria, Inc. INSURER C: Employers Ins Co of Wausau 21458 1019 39th Ave. SE, Suite 100 Puyallup, WA 98374-6502 INSURER D: XL Specialty Insurance Company r 37885 INSURER E: Alimerica Financial Benefit Ins 41840 INSURER F: COVERAGES CERTIFICATE NUMBER: K1 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 CONTRACTOR 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. LTRR TYPE OF INSURANCE ADDLSUBR NSR WVD POLICY NUMBER MMIDDO EFF MMIODDY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY X X ZD2893486905 1/01/2015 11/0112016 $1000000 CLAIMS -MADE OCCUR pEACHOCCCURRENCE PREMISES EaEooa ance $1,000,000 X WA Stop Gap/EL MED EXP (Any one person) $10,000 O PERSONAL & ADV INJURY $1,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 � C POLICY E LOC PRODUCTS - COMP/OP AGG $ Included OTHER: WA Stop Ga $1,000,000 E AUTOMOBILE LIABILITY X X AW2889472705 1/01/2015 11/01/201 Ea.oINED dd.nISINGLELlMIT 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNEDSCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X X NON -OWNED PROPERTYDAMAGE $ HIRED AUTOS AUTOS Per.00tdent B X UMBRELLA LIAB X OCCUR X X UH2891561605 1110112015 11/01/2016 EACH OCCURRENCE $10,000,000 1 - EXCESS LIAB CLAIMS -MADE XS of GL, Auto & AGGREGATE $10,000,000 DED I X RETENTION $None Employers Liab. $ C WORKERS COMPENSATION X. WCCZ91447422015 11/01/2015 TH- 11101/2016 X ISPTEA0TUTE AND EMPLOYERS' LIABILITY / N ANY PROPRIETOR/PARTNER/EXECUTIVE �Y States: CA CO ID E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? JU NIA (Mandatory In NH) IL NM OR UT E.L. DISEASE - EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below be under USL&H included or above StateS+Wfi E.L. DISEASE - POLICY LIMIT 1 $1,000,000 D Professional DPR9725656 1110112015 11/01/2016 $1,000,000 Per Claim Liability Pollution Legal Liability included $1,000,000 Aggregate Claims -Made Retro Date: 1/01/1969 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) 999-1896-999 - Ostrich Bay Creek LID Retrofit Plan Design; Client Project #1489. City of Bremerton is Additional Insured and coverage is primary and non-contributory as respects General Liability if required by written contract per attached endorsements. Waiver of subrogation applies as respects General Liability if required by written contract per attached endorsement. City of Bremerton Public Works & Utilities 100 Oyster Bay Avenue N. Bremerton, WA 98312 ACORD 25 (2014/01) 1 of 1 #S18181748/M17186013 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 ION ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i.� �� .. .4 i` � � � � � .. ._ f .. -. t — :. t .' O 1. , '. . � . — � � � ... � j�. � � � _ i• D t .. .� 1. ..;t +. ,. .. � .. is j:� � � 4 , r, ,I ZD2 8934869 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT -CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured — Primary and Non -Contributory Included 3: Blanket Waiver of Subrogation Included 4. lBodily Injury Redefined Included 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods & Use of Elevators Included 6. Knowledge of Occurrence Included 7. Liberalization Clause Included 8. Medical Payments `' Included 9. Newly Acquired or Formed Organizations - Covered until end of policy period Included 10. Non -owned Watercraft 51 ft. 11. Supplementary Payments Increased Limits 421-2915 12 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 - Bail Bonds $2,500 - Loss of Earnings:. $1000 12. Unintentional Failure to Disclose Hazards Included 13. Unintentional Failure,to Notify Included This endorsement amends coverages provided under the Commercial General` Liability Coverage Part through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or (1) "Your work" for the additional insured(s) Permit designated in the contract, agreement or The following is. added -to SECTION II _ WHO IS permit;. AN INSURED: (2) Premises you own, rent, lease or occupy; Additional Insured by Contract, Agreement or or . Permit (3) Your. maintenance, operation or use of a. Any person or organization with whom you equipment leased to you. agreed in a written contract, written agreement b. The insurance afforded to such additional or permit that such person or organization to insured described above - add an additional insured on your policy is an (1) Only -applies to the extent permitted by additional insured only with respect to liability law; and for "bodily injury", "property damage", or "personal and advertising injury" caused, in (2) Will not be broader than the insurance whole or in part, by your acts or omissions, or which you are required .by. the contract, the acts or omissions of those acting on your agreement or, permit to provide for such behalf, but only with respect to:,, additional insured. 421-2915 12 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 4` (3) Applies' on a primary basis if that is required by the written contract, written agreement or. permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal injury and advertising injury". " ' (2) To any person or organization included as an insured by another endorsement issued by us and made part- of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage", "personal and advertising injury" arises out of sole negligence of the lessor (4) To any: (a) Owners or other interests from. whom land has been leased which takes place after the lease for the land ex- pires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be .a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new con- struction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the . rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising. injuryinvolved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: The most we will pay -'on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the contract, agreement. or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 2. Additional Insured — Primary and Non - Contributory The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.Other insurance: Additional Insured — Primary and Non - Contributory . If you agree in a written contract, written agreement or. permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II — WHO IS AN INSURED, is primary and non-contributory, the following applies: * - If other valid and collectible insurance is available to the Additional Insured for a loss covered under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (1) For the sole negligence of the Additional Insured; (2) When the Additional Insured is an Additional Insured under another primary liability policy; or. - (3) when b. below applies.' If this insurance is primary, our obligations are not affected unless any, of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. 421-2915 12 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of.4 b. Excess Insurance'., (1) This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the` � Additional Insured or temporarily occupied by the Additional with permission of the owner; or (d) If , the loss arises out of the maintenance or Use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I — COVERAGE A BODILY, INURY AND " PROPERTY DAMAGE LIABILITY. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit" *If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against -all those other.insurers. •(3) When this insurance is excess over other Insurance, we will pay only our share of the amount of. the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self insured amounts under, all .that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. insurer contributes equal -.amounts until it has paid .its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance ' does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers 3. Blanket Waiver of Subrogation The following is added to SECTION IV — COMMERCIAL GENERAC, LIABILITY CONDITIONS, Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damage under this coverage form. The damage must arise out of your activities under a written contract with that person or organization. This waiver applies only to the extent that subrogation is waived under a written contract executed prior to the, "occurrence" or offense giving rise to such payments. 4. Bodily Injury Redefined SECTION V — DEFINITIONS, Definition 3. "bodily injury" is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these at any, time. "Bodily injury" includes. mental anguish or other mental injury resulting from "bodily injury". 5. Broad . Form . Property Damage Borrowed Equipment, Customers Goods, Use of Elevators a. SECTION I — COVERAGES, COVERAGE A — BODILIY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions subparagraph j: is- amended as follows: Paragraph (4) does *not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraphs (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor.do they apply to the use of elevators at premises you own, . rent, lease or occupy. b. The following is added to SECTION V — DEFINTIONS: c. Method Of Sharing 24.' "Customers goods" means property of If all of the other insurance permits your customer on your premises for the contribution by equal shares, we will follow this purpose of being: method also. Under this approach each 421-2915 12 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 4� a. worked on; or b. used in your`manufacturing process. c. The insurance afforded under this provision is excess over, any other valid and collectible property insurance (including deductible) available to the insured whether. primary, excess, contingent 6. Knowledge of Occurrence The following is added to SECTION IV — COMMERCIAL . GENERAL . LIABILITY CONDITIONS, Paragraph 2. Duties in the Event of Occurrence; Offense, Claim or Suit: e. Notice of an 'occurrence", offense, claim or "suit" will be considered . knowledge of the insured if reported to an individual named insured, . partner, executive officer. or an "employee" designated by you to give us such a notice. 7. Liberalization Clause The following is added to' SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS`. Liberalization Clause If we adopt any revision that would broaden the coverage under this Coverage Form ' without additional premium, within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. 8. Medical Payments a. SECTION 1— COVERAGES, COVERAGE C — MEDICAL PAYMENTS, Paragraph 1. Insuring 'Agreement, subparagraph a.(3)(b) is replaced by the following: (b) The,,expenses are incurred and ,reported to us within three years of the date of the accident; and b. This coverage does not apply. if COVERAGE C — MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Part or by endorsement. 9. Newly Acquired Or Formed Organizations SECTION II — WHO IS AN INSURED, Paragraph 3.a. is replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 10. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, subparagraph g.(2) is replaced by the following: g. Aircraft, Auto Or Watercraft (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a' charge; This provision applies to. any person who, with your consent, either uses or is responsible for the use of a watercraft. 11. Supplementary Payments Increased Limits SECTION I SUPPLEMENTARY PAYMENTS COVERAGES A AND B, Paragraphs 1.b. and 1.d. are replaced by the following: 1.b.Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d.All 'reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $1000 a day because.of time off from work. 12. Unintentional Failure to Disclose Hazards The following is added to. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph &.Representations: We will not disclaim coverage under this Coverage Part if you fail'to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 13. Unintentional Failure to Notify The following is added to SECTION IV — COMMERCIAL :GENERAL LIABILITY CONDITIONS, Paragraph 1. Duties in the Event of Occurrence, Offense, Claim or Suit: Your rights afforded under this policy shall not be prejudiced if you fail. to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily. injury" or "property damage" is not covered under this policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 421-2915 12 14 Includes copyrighted material'of Insurance Services Office, Inc., with its permission. Page 4 of 4 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND PARAMETRIX PROJECT Ostrich Bay Creek LID Retrofit Plan Design CONSULTANT Parametrix, Inc. DATE December 1. 2017 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE OSTRICH BAY CREEK LID RETROFIT PLAN DESIGN AGREEMENT (the "Contract") entered into between the City of Bremerton and Parametrix on July 23, 2016 All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable considerat'i'on and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section II. Term , is modified as follows: The Consultant shall complete the work per Exhibit B by March 3L2018. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agu-ees 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. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process (�/�7 Initials and Date APPROVED AS TO FORM: Bremerton City Att tn y NOTICES TO BE SENT TO: David Dinkuhn Senior Engineer Parametrix 60 Washington Ave., Suite 390 Bremerton, WA 98337 360-377-0014 THE CITY OF BREMERTON By Patt e t Its Ma DATE: /9 — le. 2017 ATTEST: City Clerk NOTICES TO BE SENT TO: Chance Berthiaume Project Manager City of Bremerton Public Works 100 Oyster Bay Ave Bremerton WA, 98312 360-473-5929 CONTRACT MODIFICATION AGREEMENT NO.2 BETWEEN THE CITY OF BREMERTON AND PARAMETRIX PROJECT Ostrich Bay Creek LID Retrofit Plan Design CONSULTANT Parametrix, Inc. DATE March 20, 2018 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE OSTRICH BAY CREEK LID RETROFIT PLAN DESIGN AGREEMENT (the "Contract") entered into between the City of Bremerton and Parametrix on July 23, 2016 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 II. Term , is modified as follows: The Consultant shall complete the work per Exhibit B by June 30, 2018. 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. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. Chal Martin, Public Works Director approved to process l (10, Initials and Date DATE: 3 - ZO - / r APPROVED AS TO FORM: THE CITY OF BREMERTON '�" W� By Geg Wheeler Its Mayor Q DATE: qy l8 ATTEST: -hWrnerton City Attorney City Clerk NOTICES TO BE SENT TO: David Dinkuhn Senior Engineer Parametrix 60 Washington Ave., Suite 390 Bremerton, WA 98337 360-377-0014 NOTICES TO BE SENT TO: Chance Berthiaume Project Manager City of Bremerton Public Works 100 Oyster Bay Ave Bremerton WA, 98312 360-473-5929 ,a�oRo® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/10/2018 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 Dealey, Renton &Associates P. O. Box 12675 Y �CEYVE[� Oakland, CA 94604-2675 CONTACT NAME: Alison OlsenPHONE FAX A/c E Ext : 510-465-3090 A/c No): 510-452-2193 ADDRESS: lnsurance.Certificates@Dealeyrenton.com INSURER(S) AFFORDING COVERAGE NAIC # License #0020739 OCT 16 2018 INSURERA: National Fire Insurance Co of Hartford % 20478 6050531366 INSURED PARAMETRIINSURER Parametrix, Inc. City of Bremerton 1019 39th Ave. SE Suite 100 City Attorney's Offic B: Valle Forge Insurance Company 20508 INSURER Continental Insurance Company 35289 — INSURER D: American Casualty Company of Reading PA 20427 Puyallup, WA 98374 (253) 604-6600 INSURER E: XL Specialty Insurance Co. 37885 INSURER F : COVERAGES CERTIFICATE NUMBER: 24336100 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN SUBR V POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6050531366 11/1/2018 11/1/2019 EACH OCCURRENCE $1,OOp,000 DAMAGE( RENTED CLAIMS -MADE , OCCUR PREMISESSEa occurrence) $ 1,000.000 MED EXP (Any one person) $ 10,D00 X WA Stop Gap/EL PERSONAL & ADV INJURY $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000, PRO - POLICY [7 LOC LJ PRODUCTS - COMP/OP AGG $ 2,00 0 WA Stop Gap $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY Y Y 6050531352 11/1/2018 11/1/2019 CEOMaBINrEDtSINGLE LIMIT $ 1,0C)n BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY PROP ERTYDAMAGE $ Per accident C X UMBRELLA LIAB X OCCUR 6050531433 11/1/2018 11/1/2019 EACH OCCURRENCE $ 10,0Q0,000 AGGREGATE $ 10,000,000 EXCESS LAB CLAIMS -MADE DED X RETENTION $ 0 $ D D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N Y 6050531383 6050531402 11/1/2018 11/1/2018 11/1/2019 11/1/2019 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N/A E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000.000 E Professional Liability Claims Made Pollution Liability Included DPR9932956 11/1/2018 11/1/2019 $1,000,000 per Claim $1,000,000"' Annual Aggregate Retroactive Date. 01/01/1969 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy is a follow -form to underlying General Liability/Auto Liability/Employers Liability. Project Number: 233-1896-133 - Ostrich Bay Creek LID Retrofit Plan Design, City Project #1489 City of Bremerton is Additjonal Insured, coverage is prifrlary and non-contributory, and waiver of subrogation applies as respects General Liability if required by written contract per attached endorsements. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. Public Works & Utilities AUTHORIZED REPRESENTATIVE 100 Oyster Bay Ave N Bremerton WA 98312 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ^ Cm-Nac4- p) �t d . s S 4/5 / 1 ® DATE(MM/DD/YYYY) Aci CERTIFICATE OF LIABILITY INSURANCE 10/16/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dealey, Renton &Associates PHONE FAX P. O. Box 12675 (A/C.No.Ext): 510-465-3090 (A/C,No):510-452-2193 E-MOakland, CA 94604-2675 CEIVE[,� ADDRESS: certificates@dealeyrenton.com License#0020739 INSURER(S)AFFORDING COVERAGE NAIC# _t10154,04,9'2010 INSURER A:National Fire Insurance Co of Hartford 20478 INSURED PARAINC-01 INSURER B:Continental Insurance Company 35289 Parametrix, Inc. G� INSURERC:American Casualty Company of Reading PA 20427 1019 39th Ave. SE Suite 100 (y Of Bremerton Puyallup,WA 98374 �IA�Management INSURER D:XL Specialty Insurance Co. 37885 _ (253)604-6600 INSURER E:Valley Forge Insurance Company 20508 INSURER F: COVERAGES CERTIFICATE NUMBER:1431094358 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y 6050531366 11/1/2019 11/1/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 X XCU Included PERSONAL 8 ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X ' LOC PRODUCTS-COMP/OP AGG $2,000,000 X I OTHER: WA Stop Gap/EL WA Stop Gap $1,000,000 E AUTOMOBILE LIABILITY Y Y 6050531352 11/1/2019 11/1/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED r-- SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED y NON-OWNED PROPERTY DAMAGE $ __ AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB OCCUR 6050531433 11/1/2019 11/1/2020 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED X RETENTION$n $ C WORKERS COMPENSATION Y 6050531383 11/1/2019 11/1/2020 X C AND EMPLOYERS'LIABILITY Y/N 6050531402 11/1/2019 11/1/2020 STATUTE OTH- ER WA STOP GAP ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below , E.L.DISEASE-POLICY LIMIT $1,000.000 D Professional Liability DPR9932956 11/1/2019 11/1/2020 Per Claim $1,000,000 Claims Made Annual Aggregate $1,000,000 Pollution Liability Included Retroactive Date: 01/01/1969 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Umbrella Liability policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability. Project Number:233-1896-133-Ostrich Bay Creek LID Retrofit Plan Design,City Project#1489 City of Bremerton is Additional Insured,coverage is primary and non-contributory,and waiver of subrogation applies as respects General Liability if required by written contract per attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. Public Works& Utilities 100Oyster Bay Ave N AUTHORIZED REPRESENTATIVE Bremerton WA 98312 s�1 t/ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD