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HomeMy WebLinkAbout6698 DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Northwest Grouting LLC ("Contractor"), whose mailing address is 7938 6th Avenue SE, Olympia, Washington. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Install 20-inch Snap-Tite pipe slipliner and grout the annular and void spacing between the slipliner and C °S existing9 foot of 24-inch corrugated metal pipe (CMP) culvert underneath SW Lake Flora Road. �� Work includes: defishing in the work area, installation and removal of a temporary fish exclusion netting with temporary erosion and sediment controls, excavation and restoration of the work area to be COB able to install the slipliner, building end seals, installing vent ports and pumping cellular concrete for ROI grouting, and all labor, equipment, and materials to complete the work. 2. TIME OF COMPLETION. Contractor shall complete the work by August 30, 2024. NWGR. Initial 3. COMPENSATION. The City shall pay the Contractor the total amount of $41,000.00, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor 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 Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to sub-contractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor 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. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on the bid opening date. The Kitsap County rates are available at the Department of Labor and Industries website. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor 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 Contractor'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 Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. 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 Contractor is asserting a schedule change or disruption. The Contractor 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 Contractor's records needed for evaluating the protest. 3. 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. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor 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 Contractor 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 Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). F. Liens. In the event that there are any liens on file against the City of Bremerton, the City of Bremerton shall be entitled to withhold final or progress payments to the extent deemed necessary by the City of Bremerton to properly protect the Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 outstanding lien claimants until proper releases have been filed with the City Clerk 8. CLAIMS. The Contractor 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 Contractor 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 Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.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 ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor 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. 9. WARRANTY. The Contractor 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 Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, 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 injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor'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 Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 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. 11. INSURANCE. The Contractor 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 Contractor, its agents, representatives, employees or sub-contractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined 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 from property damage; explosion, collapse and underground (XCU) if applicable; and C. 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 Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's 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 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 set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 this Agreement, it shall be the Contractor's responsibility to require and confirm that each sub- contractor meets the minimum insurance requirements specified above. The Contractor shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined 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 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); and C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and D. 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 Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's 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 Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor's responsibility to require and confirm that each sub- contractor meets the minimum insurance requirements specified above. The Contractor shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor 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. B. 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. C. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D. Work Performed at Contractor's Risk. Contractor 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 Contractor's own risk, and Contractor 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. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F. 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 Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 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 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, 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 on this agreement. L Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. 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 Contractor. K. Severability. If any one or more sections, sub-sections, 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. L. 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. M. Mutually Bound. Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner. N. Suspension & Debarment. For contracts involving Washington State and Federal funding, Contractor 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 State or Federal department or agency. Contractor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Contractor enter into a covered transaction with another firm, Contractor 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. O. Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTIVSjelpR THE Tuyg Q :BREMERTON ocu Igne by D u gn y 37 4 ?a c,s E 832 42 0... 13AI-46005E8E-47D... Print Name: Robyn Jensen Print Name: Greg Wheeler Title: Principal Title: Mayor DATE 5/24/2024 DATE 5/24/2024 Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Robyn Jensen David Dinkuhn 7938 6th Avenue SE 345 6th Street, Suite 100 Olympia, WA 98503 Bremerton, WA 98337 (360)870-1527 (360)473-5758 northwestgrouting@gmail.com gunnar.fridriksson@ci.bremerton.wa.us APPROVED AS TO FORM: DocuSigned by: AILGOAti, reUlb' 52ACBE8381B0162... Kylie J. Finnell Bremerton City Attorney ATTEST: DocuSigned by: gvit x AaNtr 24EDTED2E4ou4 I F... Angela Hoover, City Clerk R:ALegal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement(short form)Rev.04 2023.doc Public Works Agreement(short form) Rev. 04/2023 DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 EXHIBIT A NORTHWEST GRO JTING NORTHGL795MH 7938 6th Ave SE Olympia,WA 98503 northwestgrouting@gmail.com 04/01/2024 360-870-1527 Install Snap-Tite and Annular Space Grout Proposal City of Bremerton Description: Furnish and Install 20"Snap-Tite (approx. 96 ft) and Annular Space Grouting Between 20" Snap-Tite Liner Pipe and 24" CMP culvert. Total Cost not including sales tax(if applicable)=$41,000.00 This includes building end seals, installing grout and vent ports and pumping lightweight cellular grout with a 40 PCF (approximately 3.61 cubic yards) into the annulus. Acknowledgement of Prevailing Wages, and Certified Payroll. We estimate 1-2 days to complete the project. *Rates do not include any permitting or grout testing WOMEN'S 0usrexiEuptes CER pn DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 Exhibit B Public Works and Utilities Department in 345 6th Street, Suite 100 • Bremerton, WA 98337 • (360) 473-5270 • FAX(360)473-5398 DATE: April 26, 2024 TO: Procurement File FROM: David Dinkuhn, P.E. SUBJECT: Exhibit B -Sole Source Determination for SW Lake Flora Road Culvert Repair— NW Grouting, Inc. In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of this memorandum is to document the necessity of sole source procurement methodology for the purchase of services to install and grout an HDPE slip lined pipe from Northwest Grouting. Reasoning (check all supporting options below): ❑ Compatibility to existing City standard or to existing equipment, inventory, systems, data, programs or service. (Attach the business case for the standard and attach a copy of the standard if it is written). Z Licensed or patented product with only one dealer. (Include a statement explaining why this particular licensed or patented product the only one suitable for your purpose) ❑ Authorized service provider, repair and/or warranty services. The City requires service or repair support for products or equipment owned by the City, and the vendor is either a factory authorized warranty service provider or that particular vendor is required for warranty services according to the conditions of a current City contract. Z Unique design: Requires unique features that are essential aesthetic requirements, or not practical to match to existing design or equipment, such as artwork. Describe. ❑ Special bargain: This might include a surplus item, an auction sale, used equipment, returned "open box" purchase, or other similar one-time bargains. Describe. Z Delivery date: Only one supplier can meet required delivery date. Explain why this delivery date is essential. This can only be used in limited circumstances, for delivery deadlines that are the result of an unanticipated situation, and not a circumstance that could have been reasonably anticipated or averted by advance City planning. ❑ Project or research continuity: Product, systems, services or data must comply with an ongoing project, research, data, testing or analysis without a compromise in the integrity of the project. Also, this should be a situation that cannot be replicated by another company because there is a legal or physical obstruction to disclosing the project information to allow another company the opportunity to replicate. Examples include situations where a company has legal and/or Page 1 DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 tPublic Works and Utilities Department 345 6th Street, Suite 100 • Bremerton, WA 98337 • (360) 473-5270 • FAX(360)473-5398 proprietary rights to customization such as software code, or to data; or testing or data is collected through a unique measuring instrument that cannot be accurately duplicated and offered by another vendor. ❑ Requirement by funding source: Lender, grantor (such as federal government) or other provider of funds requires the specific product, service or system. Attach a copy of the document that clearly shows such a requirement is imposed by the funding source. ❑ Legal monopoly: Only one supplier, such as electricity, water, or sewage. ❑ Trial and evaluation projects: A limited duration, limited scope pilot, trial or evaluation of a product, range of products or services. A trial or evaluation project would typically be part of establishing a standard for a City department, or to pilot a particular product or services for a City need. Describe the pilot, specify the scope of the pilot, and attach information to confirm that the pilot is part of a purposeful department pilot initiative. ❑X Other. Describe why is this the only company that can provide the sole source product or service? See justification attached Cost/Quote support: Per quote dated April 1, 2024, at a total cost of: $41,000.00, our staff believes this is a fair and reasonable price. Therefore, it is my determination that it is in the City's best interests to purchase the consultant services through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that sole source purchase of NW Grouting is justified for this procurement. Recommended by:67"00444 David Dinkuhn, PE Stormwater Project Manager Approved by: Tom Knuckey Digitally signed by Tom Knuckey Date:2024.05.22 12:47:55-07'00' Thomas Knuckey, PE Director of Public Works and Utilities Page 2 DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 Public Works and Utilities Department CITY OF 345 6th Street, Suite 100 • Bremerton, WA 98337 • (360) 473-5270 • FAX(360)473-5398 BREMERTON JUSTIFICATION FOR SOLE SOURCE PURCHASE OF SERVICES TO INSTALL SNAPTITE HDPE SLIPLINER PIPE FROM NORTHWEST GROUTING FOR THE SW LAKE FLORA ROAD CULVERT REPAIR The SW Lake Flora Road Culvert Repair project is significantly challenging. Access is limited for construction as the culvert inlet and outlet are located in wooded areas on private property. The pipe cannot be replaced by pipe jacking due to impacts to private property cause by the jacking pit. Cure-in-place pipe is not feasible due to the limited access and doesn't address grouting of the existing culvert. There are significant voids in the soil around the pipe which must be grouted to protect against collapse of the roadway. Sliplining is the best approach and staff have selected Snap-Tite pipe as the best product. Snap-Tite comes in short lengths, is solid wall DR32.5 HDPE, does not flare at the gasketed bell connections, does not require a welding machine, and is typically grouted in place using a cellular concrete grout. Northwest Grouting is uniquely equipped to provide this service due to: Experience: Northwest Grouting solely concentrates on sliplining and grouting pipes and abandoning pipes utilizing Snap-Tite and cellular concrete and have been doing so since 2008. Grouting the annular space is the portion of this construction that is most susceptible to errors, as it is not a common practice for most general contractor's (GC's). An inexperienced contractor can easily overpressure the grout and cause the new slipliner to collapse and fail. The City has experienced this on a smaller scale in the past. See picture below. This type of installation failure would result in an exorbitantly expensive repair. if 14 yiY g t. 3. Equipment: Northwest Grouting owns their own cellular concrete grouting equipment, which is highly specialized and not common. They do not rely on a subcontractor meeting Page 3 DocuSign Envelope ID:46FA36FF-DD38-4101-9E3C-F84F41 EA5D44 Public Works and Utilities Department 345 6th Street, Suite 100 • Bremerton, WA 98337 • (360) 473-5270 • FAX(360)473-5398 their schedule. Grouting will begin and be completed as soon as the new slipliner pipe is installed. Cellular Concrete: Due to the length of the culvert, the annular space between the existing culvert and slipliner pipe is estimated to require approximately 2.5 cubic yards of concrete. This does not include the significant void spaces on the outside of the existing culvert which will likely double the amount of concrete needed to complete this repair. This is a significant amount of weight being placed onto the slipliner with a high potential for collapse. Discussions with suppliers has suggested the use of cellular concrete for grouting which is a mixture of cement, water, and pre-formed foam. This weighs about 37 pounds per cubic foot versus traditional grout at 130 pounds per cubic foot. Timing: The Culvert is in poor condition and at risk of failure (see photo below). The culvert continues to deteriorate, and repairs need to be completed as soon as possible. 4 gig. 4 4, WBE/DBE: Northwest Grouting is a registered and certified company with the Washington State Office of Minority and Women's Business Enterprises. Northwest Grouting was found to be the most experienced provider for completing repairs to the culvert. Staff recommends contracting with them directly to have the culvert repairs completed. Page 4 DATE(MM/DD/YYYY) ACOREP CERTIFICATE OF LIABILITY INSURANCE 05/29/2024 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 NgME CT Gail M Mowrey ACSR,CMSR,CRIS Nicholson &Associates Ins LLC PHO(A/C,"No,Ext): (360)352-8444 FAX No): (360)943-9712 1802 Black Lake Blvd SW#301 E-MAIL ADDRESS: gait@nichinsure.com Olympia,WA 98512 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Palms Insurance Company, Limited INSURED INSURER B: United Financial Casualty Company 11770 Northwest Grouting, LLC INSURERC: Kinsale Ins Company 7938 6th Ave SE INSURER D: Olympia,WA 98503 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00109009-615395 REVISION NUMBER: 37 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 INSD DDL S w UBR POLICY EFF POLICY EXP NSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y DENV0000785-00 07/06/2023 07/06/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $ 50,000 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 X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y 02821087-1 07/06/2023 07/06/2024 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) C X UMBRELLA LIAB X OCCUR Y 0100249105-0 07/06/2023 07/06/2024 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ $ A WORKERS ANDEMPLOYOERSELABILOITY DENV0000785-00 07/06/2023 07/06/2024 X STATUTE OTH- ER WAStopGp ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N 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 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: SW Lake Flora Road Culvert Repair The City of Bremerton, its officials,employees, agents and volunteers are included as Additional Insureds, as respects to work performed by the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Attn. Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street. Ste. 100 Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE (NGW) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by NGW on 05/29/2024 at 09:35AM AGENCY CUSTOMER ID: 00109009 LOC#: 8 A`oRo ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY NAMED INSURED Nicholson &Associates Ins LLC Northwest Grouting, LLC POLICY NUMBER N/A CARRIER NAIC CODE Multiple Carriers EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Vehicles Summary # Year Make Model VIN Fleet ID Co Vehicle# 1 2006 Ford Econo/Club Wgn 1FTNE24LX6DA90153 1 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by NGW on May 29,2024 at 09:35AM POLICY NUMBER: DE NV0000785-00 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organizations) Locations) Of Covered Operations Any person or organization for whom you are performing In respect to any location where the named insured is operations when you and such person or organization have performing "your work". agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III - Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: DENV0000785-00 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization for whom you are performing In respect to any location where the named insured is operations when you and such person or organization have performing "your work". agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE NAMED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY— If required by written contract or agreement, effective prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds under this policy shall be primary insurance,and any insurance or self-insurance maintained by such additional insured(s) shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations,but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. DENV 02 09 07 22 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission POLICY NUMBER: DENV0000785-00 COMMERCIAL GENERAL LIABILITY DENV 25 03 10 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT WITH CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Each project for which you have agreed, in a written contract which is in effect during the policy period, to provide a separate general aggregate limit, provided that the contract is signed and executed prior to any loss for which coverage is sought. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally 4. The limits shown in the Declarations for Each obligated to pay as damages caused by Occurrence and Medical Expense continue to "occurrences"under COVERAGE A (SECTION I), apply. However, instead of being subject to the and for all medical expenses caused by acci- Aggregate Limit (Coverages A,B,C) shown in dents under COVERAGE C (SECTION I), which the Declarations, such limits will be subject to can be attributed only to ongoing operations at a the applicable Designated Construction single designated construction project shown in Project General Aggregate Limit. the Schedule above: 5. The most we will pay for the sum of all 1. A separate Designated Construction Project Designated Construction Project General General Aggregate Limit applies to each Aggregate Limits combined to which this designated construction project, and that limit insurance applies is $5,000,000. is equal to the amount of the Aggregate Limit B. For all sums which the insured becomes legally (Coverages A,B,C) shown in the Declarations. obligated to pay as damages caused by 2. The Designated Construction Project General "occurrences"under COVERAGE A (SECTION I), Aggregate Limit is the most we will pay for the and for all medical expenses caused by acci- sum of all damages under COVERAGE A, dents under COVERAGE C (SECTION I), which except damages because of "bodily injury" or cannot be attributed only to ongoing operations at "property damage" included in the "products- a single designated construction project shown in completed operations hazard", and for medical the Schedule above: expenses under COVERAGE C regardless of 1. Any payments made under COVERAGE A for the number of: damages or under COVERAGE C for medical a. Insureds; expenses shall reduce the amount available b. Claims made or"suits" brought; or under the Aggregate Limit (Coverages A,B,C) or the Products-Completed Operations c. Persons or organizations making claims or Aggregate Limit, whichever is applicable; and bringing "suits". Anypayments made under COVERAGE A for 2. Such payments shall not reduce any Desig- 3. P Y nated Construction Project General Aggre- damages or under COVERAGE C for medical gate Limit. expenses shall reduce the Designated C. When coverage for liability arising out of the Construction Project General Aggregate Limit for that designated construction project. Such "products-completed operations hazard" is pro- payments shall not reduce the Aggregate Limit vided, any payments for damages because of (Coverages A,B,C) shown in the Declarations "bodily injury"or"property damage"included in the nor shall they reduce any other Designated "products-completed operations hazard" will Construction Project General Aggregate Limit reduce the Products-Completed Operations Ag- for any other designated construction project gregate Limit, and not reduce the Aggregate Limit shown in the Schedule above. (Coverages A,B,C) nor the Designated Construction Project General Aggregate Limit. DENV 25 03 10 22 Includes copyrighted material of Insurance Services Office, Page 1 of 2 Inc.with its permission D. If the applicable designated construction project E. The provisions of Limits Of Insurance (SECTION has been abandoned, delayed, or abandoned and III) not otherwise modified by this endorsement then restarted, or if the authorized contracting shall continue to apply as stipulated. parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. Page 2 of 2 Includes copyrighted material of Insurance Services DENV 25 03 10 22 Office, Inc.with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE NAMED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY— If required by written contract or agreement, effective prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds under this policy shall be primary insurance,and any insurance or self-insurance maintained by such additional insured(s) shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations,but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. DENV 02 09 07 22 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission POLICY NUMBER: DENV0000785-00 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Persons)Or Organization(s): ny person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or rganization commenced, that such person or organization be added as an additional insured on your policy. In respect to any location where the named insured is performing "your work . Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV- Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Form 2366 (02/11)M_CL Blanket Additional Insured Endorsement This endorsement modifies insurance provided by the Commercial Auto Policy,Motor Truck Cargo Legal Liability Coverage Endorsement,and/or Commercial General Liability Coverage Endorsement, as appears on the declarations page.All terms and conditions of the policy apply unless modified by this endorsement. If you pay the fee for this Blanket Additional Insured Endorsement,we agree with you that any person or organization with whom you have executed a written agreement prior to any loss is added as an additional insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to such additional insured only as a person or organization liable for your operations and then only to the extent of that liability.This endorsement does not apply to acts,omissions, products,work, or operations of the additional insured. Regardless of the provisions of paragraph a.and b.of the "Other Insurance" clause of this policy, if the person or organization with whom you have executed a written agreement has other insurance under which it is the first named insured and that insurance also applies,then this insurance is primary to and non-contributory with that other insurance when the written contract or agreement between you and that person or organization,signed and executed by you before the bodily injury or property damage occurs and in effect during the policy period, requires this insurance to be primary and non- contributory. In no way does this endorsement waive the"Other Insurance"clause of the policy, nor make this policy primary to third parties hired by the insured to perform work for the insured or on the insured's behalf. ALL OTHER TERMS, LIMITS,AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. Form 2367 (06/10)M_CL Blanket Waiver of Subrogation Endorsement This endorsement modifies insurance provided by the Commercial Auto Policy,Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial General Liability Coverage Endorsement, as appears on the declarations page. All terms and conditions of the policy apply unless modified by this endorsement. If you pay the fee for this Blanket Waiver of Subrogation Endorsement, we agree to waive any and all subrogation claims against any person or organization with whom a written waiver agreement has been executed by the named insured, as required by written contract, prior to the occurrence of any loss. ALL OTHER TERMS, LIMITS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED.