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HomeMy WebLinkAbout1 - Original Submission_ 220118_876_GSA_CTL - Legal editsPage 1 of 8 Goods and Services Agreement Rev. 09/2021 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Construction Testing Laboratories ("Vendor"), whose mailing address is: 400 Valley Avenue Suite 102; Puyallup, WA 98372. The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Inspection & Testing Services for the Ostrich Bay Creek Stormwater Project #876 II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within ____ calendar days from the date all parties have signed this Agreement. III. COMPENSATION. The City shall pay the Vendor the total amount of $ 9,430.80 including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: See Attachment A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A 318 Page 2 of 8 Goods and Services Agreement Rev. 09/2021 V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A Page 3 of 8 Goods and Services Agreement Rev. 09/2021 c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A Page 4 of 8 Goods and Services Agreement Rev. 09/2021 ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. VIII. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION. Vendor 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. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that 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 Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A Page 5 of 8 Goods and Services Agreement Rev. 09/2021 single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 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; and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. E. 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 Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall 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 Vendor and a copy of the endorsement naming the City as 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. The Vendor'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 Vendor'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 Vendor to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required 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. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A Page 6 of 8 Goods and Services Agreement Rev. 09/2021 XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor’s Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. F. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wages. Vendor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A Page 7 of 8 Goods and Services Agreement Rev. 09/2021 Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. I. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor 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. J. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: Gunnar Fridriksson Attn: Chris Pedersen City of Bremerton Construction Testing Laboratories 345 6th Street, Suite 100 400 Valley Avenue NE, Suite 102 Bremerton, WA 98337-1891 Puyallup, WA 98372 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A Page 8 of 8 Goods and Services Agreement Rev. 09/2021 P. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: City of Bremerton Construction Testing Laboratories By: By: Print Name: Thomas Knuckey Print Name: Its: Public Works & Utilities Director Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Goods and Services Agreement Rev 09 2021.docx DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A 2/15/2022 Operations Manager Chris Pederson 2/15/2022 Page 1 of 7 CLIENT: City of Bremerton PROJECT: Ostrich Bay Creek Stormwater Retrofit Project - #876 PROPOSAL: 2021 FEE SCHEDULE DATE PROCESSED: 01/17/2022 January 17, 2022 City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 Attn: Gunnar Fridrikksson, P.L.S., P.E, RE: Ostrich Bay Creek Stormwater Retrofit Project - #876 Special Inspection & Testing Services Dear Mr. Fridrikksson, I am pleased to submit our proposal to provide special inspection and testing services for the above project. CERTIFICATIONS: Our firm is registered with WABO and accredited by AASTHO (R-18), in accordance with the requirements of ASTM E329, D3740 and D3666. We are routinely inspected by, and participate in proficiency testing with CCRL and AMRL. This includes the fields of soils, aggregate, masonry, concrete, and bituminous mixtures. We are also validated by the U.S. Army Corps of Engineers. Our inspectors are certified by ACI, ICC and WABO and many of them have been with us for ten to twenty years. All equipment is calibrated at regular intervals, as required by ASTM and AASHTO. Copies of all calibrations are on file. ADMINISTRATIVE: All project management, report preparation, clerical, engineer review of reports, final inspection report and mail distribution costs are included in the hourly/unit rates. There are no hidden charges. BASIS OF CHARGES: Two-hour minimum for inspection and field-testing. One-hour minimum for sampling and cylinder pick-up. Time and one half (1.5) for work in excess of eight hours per day and Saturdays. All work performed outside normal working hours (07:00 hr. to 16:00 hr.) Monday through Friday will be charge at 1.5 times the standard rate. Double time for Sundays and holidays. Hourly rates and mileage are portal to portal. Terms are thirty (30) days. Prices are subject to change without notice. Twenty-four (24) hour notice is required to schedule technician(s). Rush Laboratory Testing will be billed at 1½ times the applicable standard rate. Our estimated cost does not include overtime. All parties are aware we are T&M, so you control the actual budget. The actual cost will vary, as our costs are directly dependent upon the contractor and the sub-contractor’s schedule. Our highly trained staff would be delighted to assist you in the successful completion of this project. If you have any questions regarding this proposal or if we may be of service, please call or visit our website at www.ctlwa.com. Sincerely, Construction Testing Laboratories, Inc. (CTL) Chris Pedersen Jon Price Operations Manager Technical Director e-mail: chrisp@ctlwa.com e-mail: jonp@ctlwa.com phone # 253-383-8778 DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A Page 2 of 7 CLIENT: City of Bremerton PROJECT: Ostrich Bay Creek Stormwater Retrofit Project - #876 PROPOSAL: 2021 FEE SCHEDULE DATE PROCESSED: 01/17/2022 Estimate of Project Costs Type of Inspection & Testing Approximate # of hours/tests Price per test Estimated Cost SOILS Soils Technician 115 $ 61.00 $ 7,015.00 Maximum Density Optimum Moisture-Density Curve (Proctor) 3 $ 185.00 $ 555.00 Sieve Analysis 3 $ 165.00 $ 495.00 Round Trip Mileage (80 miles/trip) 800 $ 0.56 $ 448.00 SUBTOTAL $ 8,513.00 ASPHALT Asphalt Testing Technician 8 $ 61.00 $ 488.00 Rice Maximum Theoretical Density 1 $ 130.00 $ 130.00 Extraction/Gradation 1 $ 255.00 $ 255.00 Round Trip Mileage (80 miles/trip) 80 $ 0.56 $ 44.80 SUBTOTAL $ 917.80 ESTIMATED TOTAL COST $ 9,430.80 Our estimated cost does not include overtime. All parties are aware we are T&M, so you control the actual budget. The actual cost will vary, as our costs are directly dependent upon the contractor and the sub-contractor’s schedule. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A Page 3 of 7 CLIENT: City of Bremerton PROJECT: Ostrich Bay Creek Stormwater Retrofit Project - #876 PROPOSAL: 2021 FEE SCHEDULE DATE PROCESSED: 01/17/2022 Fee Schedule Item # Description Price Technician/Engineering Personnel 1 Acoustic Ceiling Inspection $ 59.00 2 Anchor Pull Testing $ 85.00 3 Badges/Safety Classes/Time $ 61.00 4 CESCL $ 78.00 5 Coring Support Technician $ 55.00 6 Coring Technician $ 97.00 7 Emergency Lighting Inspection $ 60.00 8 Epoxy Bolt/Anchor Bolting/Dowel Inspection $ 60.00 9 Fire-Resistant Penetrations and Joints Inspection $ 85.00 10 Floor Flatness $ 130.00 11 Hazmat Technician $ 97.00 12 High Strength Bolt Inspection $ 70.00 13 Infiltration Testing $ 63.00 14 Laboratory Technician $ 75.00 15 Lateral Framing/Nailing Inspection $ 60.00 16 Magnetic Particle or Dye Penetrant $ 91.00 17 Moisture Vapor Through Floor/Slab $ 70.00  Calcium Test Kits $ 24.00 18 Pachometer Technician $ 90.00 19 Piling Inspection $ 65.00 20 Post Tension Inspection $ 65.00 21 Rebound Number of Hardened Concrete (C-805) (Schmidt Hammer) $ 69.00 22 Reinforcing Concrete & Masonry Technician $ 60.00 23 Reinforcing Steel Inspection $ 60.00 24 Relative Humidity – Concrete Floors $ 70.00  RH Test Tubes $ 45.00 25 Roofing Inspection $ 60.00 26 Shotcrete Inspection $ 63.00 27 Soils & Asphalt Technician $ 61.00 28 Spray- Applied Fire-Resistive Materials Inspection $ 63.00 29 Ultrasonic Test (UT) $ 91.00 30 Visual Welding Inspection $ 70.00 31 Wood Moisture Testing (In-Field) $ 63.00 DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A Page 4 of 7 CLIENT: City of Bremerton PROJECT: Ostrich Bay Creek Stormwater Retrofit Project - #876 PROPOSAL: 2021 FEE SCHEDULE DATE PROCESSED: 01/17/2022 Fee Schedule Item # Description Price Concrete 32 Cast by Client/Contractor Core Specimens $ 61.00 33 Cast by Client/Contractor Cylinder Specimens *if sawing or extra handling is required a minimum rate of $61.00 each will be charged. $ 45.00 34 Clay Lumps & Friable Particles $ 115.00 35 Compressive Strength Tests (C-39) $ 25.00 36 Flexural Strength, 6”x6”x22” Concrete Beam (C-293) $ 73.00 37 Light Weight Pieces (C-123) $ 180.00 38 Organic Impurities (C-40) $ 90.00 39 Shotcrete Panels: 3 Cores with Compressive Strength $ 275.00  Additional Cores from Panel $ 90.00 40 Sulfate Soundness (C-88) Magnesium, per sample $ 360.00 41 Sulfate Soundness (C-88) Sodium, per sample $ 395.00 42 Unit Weight of Aggregate (C-29) $ 100.00 Masonry 43 Compressive Strength, Masonry Composite Prisms (UBC-2405) $ 76.00 44 Compressive Tests, Masonry Unit (C-140) $ 66.00 45 Compressive Tests, Mortar Cubes (C-109) $ 25.00 46 Compressive Tests, Mortar or Grout Specimens (UBC-24/23) $ 25.00 Soils Mechanics Laboratory Tests 47 % Organics By Weight (D-2974) $ 150.00 48 Aggregate Durability Index (AASHTO T-210) $ 200.00 49 Atterberg Limits (D-424), Liquid Limit, Plastic Limit, Plasticity Index $ 210.00 50 Flat & Elongated Pieces in Aggregate (ASTM D-4791) $ 140.00 51 Fracture Face Count $ 85.00 52 Laboratory Determination of Moisture Content (D-2216) $ 80.00 53 Maximum Density Optimum Moisture-Density Curve [Proctor] (D-698, D-1557) $ 205.00 54 Particle Size Analysis (D-422) Hydrometer (with D-854) $ 390.00 55 Particle Size Analysis (D-422) Hydrometer (without D-854) $ 290.00 56 pH of Soils/Aggregates (D-4972) $ 75.00 57 Resistance to Abrasion, Los Angeles Machine (C-131, C-535) $ 260.00 58 Sand Equivalent (D-2419) $ 105.00 59 Sieve Analysis (Add #270, C-136, C-117 [Wet Sieve]) $ 215.00 60 Sieve Analysis (C-136, C-117 [Wet Sieve]) $ 185.00 61 Specific Gravity of Soils (D-854) $ 145.00 62 Specific Gravity/Absorption of Coarse Aggregate (C-127) $ 105.00 63 Specific Gravity/Absorption of Fine Aggregate (C-128) $ 160.00 64 Uncompacted Void Content of Fine Aggregate T-304, Specific Gravity Not Included $ 125.00 65 Wood Waste (WSDOT) $ 75.00 66 WSDOT Degradation $ 200.00 DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A Page 5 of 7 CLIENT: City of Bremerton PROJECT: Ostrich Bay Creek Stormwater Retrofit Project - #876 PROPOSAL: 2021 FEE SCHEDULE DATE PROCESSED: 01/17/2022 Fee Schedule Item # Description Price Asphaltic Concrete Mixes 67 Anti-Strip evaluation TSR (D-4867) when performing mix design $1,250.00 68 Anti-Strip evaluation TSR (D-4867) without performing mix design Quote Upon Request 69 Mix Design of Bituminous Mixture by Marshall Method (Does not include anti-strip testing) $5,000.00 70 Mix Design by Gyratory Method (SHRP/Superpave) (Does not include anti-strip testing) $5,000.00 71 Extraction and Gradation % Bitumen (T-308) (C-136 [West]) Sieve (C-117) $ 255.00 72 Gyratory Tests (Superpave) (312) $ 285.00 73 Hamburg, performed with Mix Design, CTL makes 2 or 4 specimens $ 900.00 74 Hamburg, performed without Mix Design, CTL makes 2 or 4 specimens Quote Upon Request 75 Hamburg, production sample $ 700.00 76 Hamburg, test only, supplier provides 2 or 4 specimens $ 500.00 77 IDT, performed with Mix Design, CTL makes 3 specimens $ 360.00 78 IDT, performed without Mix Design, CTL makes 3 specimens Quote Upon Request 79 IDT, test only, supplier provides 3 specimens $ 160.00 80 Marshall Test, per Molded Specimen ([D-1559] Includes Stability, Flow, and Unit Wt.) per set of 3 $ 450.00 81 Permeability of Asphaltic Concrete $ 350.00 82 Rice Maximum Theoretical Density (D-2041) $ 130.00 83 Specific Gravity of Compacted Field Sample (D-2726) WSDOT 704 (Pavement Core) $ 70.00 Miscellaneous: 84 Dry Density of Fireproofing Material $ 150.00 85 Ferry Charges Quote Upon Request 86 Mileage $ 0.56 87 Per Diem (Lodging, Meals, and Etc.) Quote Upon Request Basis of Charges (Rate Charges & Notification) Two-hour minimum for inspection, sampling, and field testing. One-hour minimum for cylinder pick-up. Time and one half (1.5) for work in excess of eight hours per day and Saturdays. All work performed outside normal working hours (0700 hr. to 1600 hr.) Monday through Friday will be charged at 1.5 times the standard rate. Double time will be charged for Sundays and holidays. Four-hour minimum for weekend and holidays. Hourly rates and mileage are portal to portal. Terms are thirty (30) days. Prices are subject to change without notice. Twenty-four (24) hour notice is required to schedule technician(s). Six-hour notification required for cancellations for night and weekend work (a four-hour minimum charge would apply without proper notification). A 3% escalation for hourly and unit prices for multi-year contracts will apply. Mail Distribution (Reports) All overhead, engineer review of reports, final inspection report, and mail distribution costs are included in the hourly/unit rates. Terms of Sale (Payment Due Date/Past Due): All invoices are “NET” and pavement is due on the 30th day following the invoice date, unless otherwise stated on the application invoice. An account is considered past due on the 31st day following the date of invoice. All accounts not paid by due date may be subject to suspension. A late charge of 1.5% per month annual will be imposed on past due accounts. Customers/Clients agree to pay all attorney’s fees and costs of collection. Dispatch Notification Also, it is the responsibility of the client or designated representative to schedule and/or cancel field work with our office only, not through field personnel. CTL cannot be held responsible for scheduling and/or cancellation of services made through field inspector(s). In addition, twenty-four hour notices are required to schedule or dispatch inspector(s) for inspection and testing services. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A Page 6 of 7 CLIENT: City of Bremerton PROJECT: Ostrich Bay Creek Stormwater Retrofit Project - #876 PROPOSAL: 2021 FEE SCHEDULE DATE PROCESSED: 01/17/2022 Fee Schedule Terms, Definitions, & General Conditions Parties & Scope of Work: Construction Testing Laboratories, Inc. (herein “CTL”) is performing the specific inspection, testing, or other services performed by CTL as described in its proposal accepted by the Client, (herein the “Work”), which shall be subject to these Terms, Definitions, and General Conditions. The Client accepts sole responsibility for determining whether the quantity and nature of the Work ordered by the Client is adequate and sufficient for the Client’s needs. Access to Site/Notifications: Client shall arrange and provide access to the site as required for CTL to perform work. Advance notification for inspection and testing services is the responsibility of the client and/or its representative. Inspection or testing services should be requested as far in advance as practical (preferably a minimum of two business days notification). CTL, Inc. has not included in its fee and is not responsible for the cost of restitution of damage that may occur due to work performed. Client agrees to indemnify and save CTL harmless from all claims, suits, losses, costs and expenses, including reasonable attorney’s fees, as a result of personal injury, death, or proper damage occurring with respect to CTL’s work or arising from subsurface or latent conditions or damage to subsurface, lines or conduits. Client, landowner, and its agents shall accept sole responsibility to notify appropriate agencies in regard to any hazardous substances discovered by CTL on the project site. CTL is expressly relieved from any obligations to report the presence of hazardous substances to any and all regulatory agencies. Schedule of Work: CTL’s work will be accomplished in a timely, workmanlike manner by CTL or its sub-contractor at the prices of fees quoted. If CTL is required to delay commencement of the work or if it is required to stop or interrupt the progress of its work as a result of changes in scope required for any reason by the Client, interruptions in the progress of construction, or causes beyond the control of CTL, additional charges will be applicable and payable by the Client. CTL will provide its professional services to the Client, as defined by its scope of work with that degree of care and will ordinarily exercise under similar circumstances by members of its profession. This representation is in lieu of any warranties or other representations, either expressed or implied. It is also understood and agreed that statements made in CTL reports are opinions-based observations, and should not be construed to be conclusive representatives of fact. If conditions different from what are indicated in the repots come to the Client’s attention after receipt of the reports, it is recommended that the Client contact CTL immediately to authorize further appropriate evaluation. Payment: Client shall be invoiced twice each month for work performed during the preceding month. Client agrees to pay each invoice within 30 days of its receipt. A service charge of 1.5% per month is added to all delinquent accounts. Where legal action, including assertion of lien rights, becomes necessary to obtain payment for services provided, Client agrees to pay all collection costs, including reasonable attorney’s fees. CTL’s final report will not be submitted until all invoices are paid. Indemnity: CTL, Inc. agrees to indemnify and hold Client harmless from any and all claims, suits, costs, and expenses subject the foregoing limitations, including reasonable attorney’s fees and court costs, but only to the extent of CTL’s negligence. Client shall provide same protection to CTL to the extent of its negligence. In the event that Client or its principals shall bring suit, cause of action, claim, or counterclaim against CTL, the party initiating such action shall pay to CTL the costs and expenses incurred by CTL to investigate, answer, and define itself, including reasonable attorney’s fees, witness fees, and court costs to the extent that CTL shall prevail in such suit. Notwithstanding in performing services of work, Client and all parties claiming as a result thereof agree that the maximum aggregate amount of liability of CTL and its officers, employees, and agents shall be limited to the total of the fee paid to CTL for its work. CTL may engage the services of other contracts/consultants on behalf of the Client to provide professional services. CTL shall be held harmless, and assumes no liability, for the services of said contractor/consultant. As such, CTL shall be held harmless from any claim which may arise out of the actions of the contractor/consultant. Provisions: all quotations are based upon standard non-overtime hourly rates. If unforeseen circumstances cause CTL to work on Saturdays, Sundays, or after 16:00 hr. and in excess of eight hours Monday through Friday, the non-overtime rates quoted will be multiplied by 1.5 to establish the correct overtime rate. Unless otherwise agreed, this proposal terminates in 60 calendar days from the date of issue unless accepted in writing within said 60 days. CTL may dispose of project inspection files after a period of seven years. Client may request in writing of extend the file retention period to obtain custody in lieu of disposal, subject to mutual agreement upon a retention/custody agreement, including fees to be paid to CTL. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A 2/15/2022 2/15/2022 Page 7 of 7 CLIENT: City of Bremerton PROJECT: Ostrich Bay Creek Stormwater Retrofit Project - #876 PROPOSAL: 2021 FEE SCHEDULE DATE PROCESSED: 01/17/2022 Fee Schedule Entire Agreement: This agreement constitutes the entire understanding or the parties and there are no representations, warranties, or understandings made other than those set forth herein. This agreement may be modified only in writing, signed by each of the parties. No work can be performed prior to written acceptance of this proposal. Any controversy of claim arising out of or relating to Terms and General Conditions or breach thereof shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgement upon the award rendered by the arbitration(s) may be entered in any court having jurisdiction hereof. Any such arbitration shall take place in Tacoma, Washington. The prevailing party, as determined by the Arbitrator, shall be awarded its costs and reasonable attorney’s fees. Subcontractors: CTL subcontracts to Certified Inspection Services for the magnetic particle and ultrasonic testing of welds. CTL subcontracts to Spectra Laboratories for analytical testing. CTL reviews subcontractors report for content only. Term of Sale Payment Due Date All invoices are “NET” and payment is due on the 30th day following the invoice date, unless otherwise stated on the application invoice. An account is considered past due on the 31st day following the date of invoice. Past Due Account All accounts not paid by due date may be subject to suspension. A late charge of 1.5% (18% per month annual) will be imported on past due accounts. Customers agree to pay all attorney’s fees and costs of collection. I/We understand and agree to the foregoing terms of sale and authorize you to obtain such information as you may require concerning this application. Acknowledgement/Acceptance of Fee Schedule, Terms, Definitions, Term of Sales, and General Conditions Upon acceptance, please sign and return at your earliest convenience. Also, our office will e-mail you a mail distribution list so copies of reports can be sent to your Engineers/Owners if you so desire. Reports for projects can also be found on our website, www.ctlwa.com, and can be accessed at your convenience. Agreed on this ____________________________ day of __________________________________ Accepted by __________________________________________________________ Please Print Name and Title Signature __________________________________________________________ Firm Name __________________________________________________________ Company Name Firm Address __________________________________________________________ Billing/Mailing Address Email Address __________________________________________________________ Project Name __________________________________________________________ Jobsite Address__________________________________________________________ Contact No. _________________________________________________________________ Cell Phone No. Office Phone No. Office Fax No. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A d 345 6th Street, STE 100, Bremerton, WA 98337 Director of Public Works & Utilities 2/15/2022 Thomas Knuckey INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Alaska National Insurance Company Sirius International Insurance Corp 1/19/2022 Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 Sharnel Di Vona 800 499-0933 866 577-1326 sharnel.divona@propelinsurance.com Construction Testing Laboratories, Inc 400 Valley Ave NE Puyallup, WA 98372 38733 A X X X PD Ded: $1,000 X WA Stop Gap X 21DLS11734 04/01/2021 04/01/2022 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A X X X 21DAT11734 04/01/2021 04/01/2022 1,000,000 A X X $10,000 21DLU11734 04/01/2021 04/01/2022 5,000,000 5,000,000 A 21DLS11734 (WA Stop Gap only) 04/01/2021 04/01/2022 1,000,000 1,000,000 1,000,000 B Pollution w/mold CPL00011322 04/01/2021 04/01/2022 $3,000,000 imit $25,000 deductible RE: Ostrich Bay Creek Stormwater Retrofit Project - #876. Additional Insured Status applies per attached form(s). City of Bremerton 345 6th St, Ste 100 Bremerton, WA 98337-1891 1 of 1 #S4975635/M4911493 MILESANDClient#: 17793 KTR00 1 of 1 #S4975635/M4911493 DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A ANIC GL 1218 05 18 Page 1 of 3 BLANKET ADDITIONAL INSURED – AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Additional Premium: included 1. The following is added to SECTION II – WHO IS AN INSURED: Any person or organization that: a. You agree in a “written contract requiring insurance” to include as an additional insured on this Coverage Part; and b. Has not been added to this policy as an additional insured for the same project by the attachment of an endorsement under this Coverage Part which includes such person or organization in the endorsement’s schedule; is an insured, but: c. Only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury”; and d. Only as described in Paragraph (1), (2) or (3) below, whichever applies: (1) If the “written contract requiring insurance” specifically requires you to provide additional insured coverage to that person for injury or damage that arises out of “your work”, that person or organization is an additional insured only if the injury or damage arises out of “your work” to which the “written contract requiring insurance” applies; (2) If the “written contract requiring insurance” specifically requires you to provide additional insured coverage to that person for injury or damage that is caused, in whole or in part, by the acts or omissions of you or your subcontractor, that person or organization is an additional insured only if the injury or damage is caused, in whole or in part, by the acts or omissions of you or your subcontractor in the performance of “your work” to which the “written contract requiring insurance” applies” or `(3) If neither Paragraph (1) nor (2) above applies that person or organization is only an additional insured if, and only to the extent that, the injury or damage is caused by negligent acts or omissions of you or your subcontractor in the performance of “your work” to which the “written contract requiring insurance” applies. The person or organization does not qualify as an additional insured with respect to injury or damage caused in whole or in part by independent negligent acts or omissions of such person or organization. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A ANIC GL 1218 05 18 Page 2 of 3 2. If the “written contract requiring insurance” contains a specific requirement that you procure completed operations coverage or coverage within the "products-completed operations hazard" for the additional insured, then the insurance provided to the additional insured covers "bodily injury" or "property damage” that occurs within the "products- completed operations hazard" at the level specified in Paragraph 1.d.(1), 1.d.(2), or 1.d.(3), whichever applies. However, even if completed operations coverage or coverage within the "products- completed operations hazard" is required by the “written contract requiring insurance”, such coverage is available to the additional insured only if the "bodily injury" or "property damage" occurs prior to the end of the time period during which you are required by the “written contract requiring insurance” to provide such coverage or the expiration date of the policy, whichever comes first. 3. The insurance provided to the additional insured by this endorsement is limited as follows: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits of liability required by the “written contract requiring insurance”, the insurance provided to the additional insured will be limited to such minimum required limits of liability. For the purposes of determining whether this limitation applies, the minimum limits of liability required by the “written contract requiring insurance” will be considered to include the minimum limits of liability of any Umbrella or Excess liability coverage required for the additional insured by that “written contract requiring insurance”. This endorsement will not increase the limits of insurance described in Section III – Limits Of Insurance. b. The insurance provided to the additional insured does not apply to “bodily injury”, “property damage”, or “personal and advertising injury” arising out of an architect’s, engineer’s, or surveyor’s rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. 4. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured. However, if the “written contract requiring insurance” specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured under which that person or organization qualifies as a named insured, and we will not share with that other insurance. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. 5. As a condition of coverage provided to the additional insured by this endorsement: a. The additional insured must give us written notice as soon as practicable of an “occurrence” or an offense which may result in a claim. To the extent possible, such notice should include: (1) How, when and where the “occurrence” or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the “occurrence” or offense. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 4-1-2020 Policy No. 20D LS 11734 Insured Miles Sand & Gravel Endorsement No. Countersigned By Includes copyrighted material of the Insurance Services Office, Inc., with its permission. ANIC GL 1218 05 18 Page 3 of 3 b. If a claim is made or “suit” is brought against the additional insured, the additional insured must: (1) Immediately record the specifics of the claim or “suit” and the date received; and (2) Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or “suit” as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in connection with the claim or “suit”, cooperate with us in the investigation or settlement of the claim or defense against the “suit”, and otherwise comply with all policy conditions. d. The additional insured must tender the defense and indemnity of any claim or “suit” to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to other insurance available to the additional insured which covers that person or organization as a named insured as described in Paragraph 3. above. 6. The following is added to the DEFINITIONS Section: “Written contract requiring insurance” means that part of any written contract or agreement for construction services under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the “bodily injury” and “property damage” occurs, and the “personal and advertising injury” is caused by an offense committed, during the policy period and: a. After the signing and execution of the contract or agreement by you; and b. While that part of the contract or agreement is in effect. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A ANIC GL 1187 07 16 Page 1 of 6 CONTRACTORS’ GENERAL LIABILITY ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE OF COVERAGES ARE SUMMARIZED BELOW 1. Miscellaneous Additional Insureds 8 additional insured extensions. Primary and Noncontributory Insurance 2. Damage To Premises Rented to You Limit increased to $500,000. 3. Medical Payments Limits increased to $15,000. Reporting period increased to three years from the date of accident. 4. Non-owned Watercraft Increased to 50 feet. 5. Supplementary Payments Cost of bail bonds increased to $10,000. Daily loss of earnings increased to $500. 6. Newly Formed Or Acquired Organizations Coverage extended to the end of the policy period or the next anniversary of this policy’s effective date. 7. Liberalization Clause 8. Unintentional Failure To Disclose Hazards 9. Notice of Occurrence 10. Broad Knowledge of Occurrence 11. Bodily Injury - Extension of Coverage 12. Expected Or Intended Injury Reasonable force - bodily injury or property damage. 13. Blanket Waiver of Subrogation Waiver of subrogation where required by written contract or written agreement. 14. In Rem Actions 1. MISCELLANEOUS ADDITIONAL INSUREDS Section II Who Is An Insured is amended to include as an additional Insured any person or organization described in Paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or written agreement. However, the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the “bodily injury”, “property damage” or “personal injury and advertising injury”, but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. State or Governmental Agency or Subdivision or Political Subdivi- sions Any state or governmental agency or subdivision or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required by any ordinance, law or building code to include as an additional insured on this coverage part is an additional insured, but only with respect to liability for “bodily injury”, “property damage”, “personal and advertising injury” arising out of such operations. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A ANIC GL 1187 07 16 Page 2 of 6 The insurance provided to such state or political subdivision does not apply to any “bodily injury”, “property damage” or “personal and advertising injury” arising out of operations performed for that state or political subdivision. b. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you, or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construc- tion and demolition operations performed by or for such additional insured. c. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured. d. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construc- tion or demolition operations performed by or for such additional insured. e. Owners or Other Interests From Whom Land Has Been Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to lease that land; or (2) Structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured. f. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability as co-owner of such premises. g. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization is an additional insured only with respect to their liability for “bodily injury”, “property damage” or “personal and Advertising injury” caused, in whole or in part, by your maintenance, oper- ation or use of equipment leased to you by such person or organization. A person’s or organization’s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any “occurrence” which takes place after the equipment lease expires; or DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A ANIC GL 1187 07 16 Page 3 of 6 (2) To “bodily injury”, “property damage”, or “personal and advertising injury” arising out of the sole negligence of such additional insured. h. Owners, Lessees or Contractors (1) Such person or organization is an additional insured for “bodily injury”, “property damage” and “personal and advertising injury” if, and only to the extent that, the injury or damage is caused by negligent acts or omissions of you or your subcontractor in the performance of “your work” to which the written contract applies. This person or organi- zation does not qualify as an additional insured with respect to injury or damage caused in whole or in part by independent negligent acts or omissions of such person or organization. (2) However, this insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury” arising out of an architect’s, engineer’s, or surveyor’s rendering of or failure to render any professional services including: i. the preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and ii. supervisory, inspection, or engineering services. (3) The insurance provided to this additional insured, does not cover "bodily injury" or "property damage” caused by your negligent acts and omissions in the performance of "your work" that occurs within the "products- completed operations hazard", unless the written contract contains a specific requirement that you procure completed operations coverage or coverage within the "products-completed operations hazard" for the additional insured. However, even if coverage within the "products-completed operations hazard" is required by the written contract, such coverage is available to the additional insured only if the "bodily injury" or "property damage" occurs prior to the end of the time period during which you are required by the written contract to provide such coverage or the expiration date of the policy, whichever comes first. Any insurance provided to an additional insured designated under Paragraphs 2.a. through 2.g. above does not apply to “bodily injury” or “property damage” included within the products-completed operations hazard.” Primary And Noncontributory Insurance The following is added to the Other Insurance Condition and supersedes any provision to the contrary: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Section III - Limits of Insurance, the following is added: With respect to the insurance afforded to the additional insureds described in Paragraphs a. through h. above, the most we will pay on behalf of such additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A ANIC GL 1187 07 16 Page 4 of 6 This provision shall not increase the applicable Limits of Insurance shown in the Declaration. 2. Damage To Premises Rented to You SECTION III – LIMITS OF INSURANCE, Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of “property damage” to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. If a limit is shown for Damage to Premises Rented to You the most we will pay under Coverage A for damages because or “property damage” to any one premises is the Limit shown in the Declarations or $500,000, whichever is greater. 3. MEDICAL PAYMENTS A. Section lll – Limits of Insurance, Paragraph 7. is replaced by the following: 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of “bodily injury” sustained by any one person. If a limit is shown for Medical Expense in the Declarations the most we will pay under Coverage C for all medical expenses because of “bodily injury” sustained by any one person is the Limit shown in the Declarations or $15,000, whichever is greater. B. This provision 5. (Medical Payments) does not apply if Section I - Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. C. Paragraph 1.a.(3)(b) of Section I - Coverage C - Medical Payments, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and 4. NON-OWNED WATERCRAFT A. If endorsement CG 21 09, CG 21 10, CG 24 50, or CG 24 51 is attached to the policy, Paragraph A. 2. g. (2) (b) is replaced by the following: (b) A watercraft that you do not own that is: (i) Less than 50 feet long: and (ii) Not being used to carry persons or property for a charge. B. If Paragraph A. does not apply, Paragraph g. (2) of 2. EXCLUSION under SECTION l – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: (2) A watercraft that you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge. 5. SUPPLEMENTARY PAYMENTS A. Under Section I - Supplementary Payments - Coverage A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $10,000; B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $500. 6. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section II - Who Is An Insured is deleted and replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy’s effective date after you acquire or form the organization, whichever is earlier. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A ANIC GL 1187 07 16 Page 5 of 6 7. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. 8. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS – Paragraph 6. – Representations is replaced by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information you provided to us which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable laws and regulations. 9. NOTICE OF OCCURRENCE The following is added to Paragraph 2. of Section IV - Commercial General Liability Conditions - Duties In The Event of Occurrence, Offense, Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an “occurrence”, offense, claim or “suit” and that failure is solely due to your reasonable belief that the “bodily injury” or “property damage” is not covered under this Coverage Part. However, you shall give written notice of this “occurrence”, offense, claim or “suit” to us as soon as you are aware that this insurance may apply to such “occurrence”, offense, claim or “suit.” 10. BROAD KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. of Section IV - Commercial General Liability Conditions - Duties in The Event of Occurrence, Offense, Claim or Suit: You must give us or our authorized representative notice of an “occurrence”, offense, claim, or “suit” only when the “occurrence”, offense, claim or “suit’ is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. 11. EXPANDED BODILY INJURY Section V - Definitions, the definition of “bodily injury” is changed to read: “Bodily injury” means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 12. EXPECTED OR INTENDED INJURY Exclusion a. of Section I - Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: a. “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1187 07 16 Page 6 of 6 13. BLANKET WAIVER OF SUBROGATION The Transfer Of Rights Of Recovery Against Others To Us Condition (Section IV - Commercial General Liability Conditions) is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. “Your work” included in the “products- completed operations hazard.” However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. 14. IN REM ACTIONS Any action in rem against any vessel owned, operated by or for, or chartered by or for you will be treated in the same manner as though the action were in personam against you. DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Landmark American Insurance Company 1/19/2022 Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 Sharnel Di Vona 800 499-0933 866 577-1326 sharnel.divona@propelinsurance.com Construction Testing Laboratories Inc 400 Valley Avenue NE, Suite 102 Puyallup, WA 98372 33138 A Professional Liability (E&O) LHR842645 04/01/2021 04/01/2022 $2,000,000 ea claim $2,000,000 aggregate $10,000 deductible RE: Ostrich Bay Creek Stormwater Retrofit Project - #876. City of Bremerton 345 6th Street, Ste 100 Bremerton, WA 98337-1891 1 of 1 #S4975636/M4534947 CONSTESTClient#: 133353 KTR00 1 of 1 #S4975636/M4534947 DocuSign Envelope ID: 04D56304-E964-4C60-A60C-67A3F497974A