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HomeMy WebLinkAbout6716 DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 PROFESSIONAL SERVICES AGREEMENT Evergreen Rotary Park Boat Ramp Repair/ Project No. 59169 The City of Bremerton ("City") and Cultural Resource Consultants LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated April 22, 2024, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. IL Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit A; provided however,that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement,the City shall pay Consultant in an amount not to exceed $5,475. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit A. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit A. If a billing statement does not conform to this Agreement,the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 1 of 8 Bremerton/Cultural Resource Consultants Evergreen Rotary Park Boat Ramp Repair Rev. 04/2023 DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent,the City may withhold the delinquent amount,plus any additional charges arising from the delinquency,from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Page 2 of 8 Bremerton/Cultural Resource Consultants Evergreen Rotary Park Boat Ramp Repair Rev. 04/2023 DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 3 of 8 Bremerton/Cultural Resource Consultants Evergreen Rotary Park Boat Ramp Repair Rev. 04/2023 DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 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 also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or Consultants (sub-consultants or sub-Consultants) as part of the work covered by this Agreement, it shall be the Consultant's responsibility to require and confirm that each sub-consultant or sub-Consultant meets the minimum insurance requirements specified above. The Consultant shall,upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles ("GAAP")to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service Page 4 of 8 Bremerton/Cultural Resource Consultants Evergreen Rotary Park Boat Ramp Repair Rev. 04/2023 DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. L Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: David Dinkuhn Attn: Margaret Berger City of Bremerton Cultural Resource Consultants 345 6th Street, Suite 100 P.O. Box 4159 Bremerton, WA98337-1891 Seattle, WA 98194 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. Page 5 of 8 Bremerton/Cultural Resource Consultants Evergreen Rotary Park Boat Ramp Repair Rev. 04/2023 DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Consultant without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subConsultants, or any person acting on behalf of Consultant 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. IX. 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. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work,the City may summarily terminate this Agreement. Page 6 of 8 Bremerton/Cultural Resource Consultants Evergreen Rotary Park Boat Ramp Repair Rev. 04/2023 DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling,restricting,or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Washington State and Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON Cultural Resource Consultants DocuSigned by: DocuSigned by: 1-61146tS ‘-tAAAtkui Aurrti- fxry B : By: Y 43789A49 D... Print Name: Tom Knuckey Print Name: argaret Berger Its: Public Works Director Its: Principal 6/17/2024 6/14/2024 Date: Date: APPROVED AS TO FORM: ATTEST: Page 7 of 8 Bremerton/Cultural Resource Consultants Evergreen Rotary Park Boat Ramp Repair Rev. 04/2023 DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 DocuSigned by: DocuSigned by: B B Y 2AC[C1;3f 1604©2... Y 21€CPaE-84E15C11 F... Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev.04 2023.docx Page 8 of 8 Bremerton/Cultural Resource Consultants Evergreen Rotary Park Boat Ramp Repair Rev. 04/2023 DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 Exhibit A 4/19/2024 Cultural Resource Consultants Project Scope and Fee Proposal Client Information Company Project Manager/Contact Name Phone City of Bremerton David Dinlcuhn 360-471-3917 Mailing Address City,State,Zip Email 345 6th Street, Suite 100 Bremerton,WA 98337-1891 David.Dinkuhn@ci.bremerton. wa.us Project Information Project Title Regulatory Next:CRC Project Number Evergreen Rotary Park Boat Ramp Repair Section 106 2404M Project Location Project City 1500 Park Ave Bremerton, WA 98337 Section Township Range County Total Project Area 13 24 N 01 E Kitsap <1 acre Project Description City of Bremerton proposes to repair the boat ramp at Evergreen Rotary Park. Proposed work includes removing angular rock and armoring and installing ultrablock walls on either side of the boat ramp, and installing a cast-in- place concrete ramp panel and precast ramp planks. Exisitng ramp,planks, rails,pilings and floats will not be removed. Project Schedule CRC will prepare the MIDP by May 10,2024. Construction is anticipated during the fish window in July-August 2024. CRC will require a minimum of 2-weeks notice prior to the April-August beginning of monitoring. CRC will conduct on-site monitoring during construction excavation 2024 and, as requested,with 72 hours notice. If project schedules change, CRC requests 48 hours notice for scheduling modifications. CRC's monitoring report will be completed within one month following the conclusion of monitoring. P.O.Box 4159 Cullural Resource Crnsullanls 5eall le,WA 98194 206 855-9020 www.crcwa.com DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 4/1 9/2 02 4 Project Assumptions * If human remains are found within the project area, all CRC field investigations will cease immediately, proper authorities will be notified and CRC will not resume field investigations until applicable state laws are addressed. * Budget assumes no archaeological sites will be identified during monitoring. If a site or sites are found, an adjustment to the project scope and budget would be necessary to accommodate site recordation, evaluation, and compliance with state/federal guidelines and regulations. * Budget assumes three (3) days of archaeological monitoring will occur. * This scope assumes that no night or weekend monitoring will occur. * This scope and budget are based upon the assumption that CRC's current levels of insurance liabilities are sufficient for this project * This scope assumes that no meetings with clients and/or stakeholders will be required. * Prior to the beginning of archaeological monitoring, final construction plans must be provided to CRC. * No cultural resources study can wholly eliminate uncertainty regarding the potential for prehistoric sites, historic properties or traditional cultural properties to be associated with a project The information we will present within our reports is based on our years of experience and professional opinions derived from the analysis and interpretation of the documents, records, literature, and information we are able to identify and use within our report and during our field investigation and observations to be conducted in the process of preparing our technical report The conclusions and recommendations we present will apply to the project conditions existing at the time of our study and those reasonably foreseeable. Project Deliverables for Archaeological Monitoring CRC will provide the following project components as part of this cultural resources assessment Task 1 - Archaeological Monitoring Plan CRC will prepare an Archaeological Monitoring and Inadvertent Discovery Plan for the project Task 2 - On-Site Archaeological Monitoring CRC will provide archaeological monitoring, with 2-weeks notice of preliminary schedule and 72-hours notice of actual schedule, during construction excavation for identification of archaeological and historical resources. Excavation for construction is anticipated to last about three days in July-August 2024. Task 3 -Archaeological Monitoring Report CRC will prepare a technical memorandum describing the methods and results of archaeological monitoring. P.O. Box 4159 Cultural Resource Consultants Seattle,WA 98194 206 855-9020—www.crcwa.com DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 4/1 9/2 02 4 Project Fee The fee for services described above is anticipated to be less than $ 5,475.00 * If more than three (3) days of monitoring is requested, an additional rate of$995/day will be charged. * The time frame and fee for services quote is valid for ten (10) days. * Monthly invoices will be provided to the client electronically. CRC will retain project records for three years after expiration of the agreement P.O. Box 4159 Cultural Resource Consultants Seattle,WA 98194 206 855-9020—www.crcwa.com DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 Public Works and Utilities Department c r r OF 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360)473-5920 • FAX(360) 473-5360 BREMERTON DATE: 05/09/2024 TO: Procurement File FROM: David Dinkuhn, PE SUBJECT: Sole Source Determination for Archaeological services for the Evergreen Rotary Park Boat Ramp Repair project 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: Professional services from Cultural Resource Consultants (CRC). Reasoning (check all supporting options below and remove unnecessary items): ❑ 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). ❑ Licensed or patented product with only one dealer. (Include a vendor signed statement/Affidavit explaining why this particular licensed or patented product is 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. (Include a vendor signed statement/Affidavit explaining and certifying to the relationship between the vendor and service provider). ❑ 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. ❑ 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. • Page 1 CRC May 9, 2024 Rev. 09/2022 DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 Public Works and Utilities Department c r r OF 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360)473-5920 • FAX(360) 473-5360 BREMERTON ❑ 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 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. ❑ Other: Describe why this is the only company that can provide the sole source product or service. Provide the support document that explains why a particular product, manufacturer, or service is necessary and provide support for why the company you requested is the only available company. The project is on a very tight schedule in order to permit and construct repair during the summer of 2024 (before next winter's storms). CRC was selected on a sole source basis in order to meet schedule needs. An Archaeological Monitoring Plan (AMP) was required by the USAGE for the Nationwide 3-Maintenance permit. The City needed the AMP within 2 weeks of the USACE's request in order to receive the permit by the end of May. CRC provided the HMP within 2 weeks of Notice to Proceed. CRC's scope of services includes field monitoring during construction. Cost/Quote support: Per CRC's proposal dated 04/19/2024, budget for services is $5475. 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 Archaeological services through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that sole source purchase of these services is justified for this procurement. • Page 2 CRC May 9, 2024 Rev. 09/2022 DocuSign Envelope ID:C765AC16-4AAE-4B8C-9CA4-DEB1264CO265 Public Works and Utilities Department c T r OF 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360)473-5920 • FAX(360) 473-5360 BREMERTON Recommended by: G40441 David Dinkuhn, PE Stormwater Project Manager Approved by: Tom Digitally signed by Tom Knuckey KnuckeyDate:2024.06.11 12:06:47-07'00' Thomas Knucky, PE Director of Public Works and Utilities • Page 3 CRC May 9, 2024 Rev. 09/2022 This Endorsement Modifies Your Policy (Effective At Inception Unless Another Date Shown Below) ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The insurance afforded by this policy for"bodily injury,""property dama e"and/or"personal and advertising injury" shall also apply to the "additional insured" listed below for claims, suits, and/or damages made against the "additional insured," but only to the extent the "additional insured" is being held responsible for the acts, omissions and/or negligence of the"named insured." This insurance afforded shall not apply to claims, suits and/or damages arising out of the acts, omissions and/or negligence of the "additional insured(s)." The inclusion of the"additional insured(s)"shall not operate to increase the Limits of Insurance. To the extent, if any, that this policy affords coverage to an "additional insured," the "additional insured" is subject to all of the terms of the policy. Our obligation to provide coverage to an "additional insured" is further limited by the interest of the "additional insured"as defined below. Interest of the Additional Insured(s) Defined: AS REQUIRED BY WRITTEN CONTRACT PREMIUM DUE S1,500.00(FLAT AND FULLY EARNED) For the purpose of this endorsement, the "named insured"is the person(s)and/or party(ies)designated on the Declarations Page of the policy or on any endorsement. The"additional insured"is the person(s)and/or party(ies)identified below. Identity of Additional Insured(s): OWNERS OR CONTRACTORS,WHERE REQUIRED BY WRITTEN CONTRACT, NAMING SUCH PERSON(S)AS ADDITIONAL INSURED(S).CERTIFICATES ON FILE WITH COMPANY. (Complete this section if endorsement is added after policy is issued.) NPP6002981 Policy Number Endorsement Number Endorsement Effective Date • Signature of Authorized Representative Producer Number Page 2 of 23 WW180(03/10) INSURED COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEAgE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You lave agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 CG 20 01 04 13 Copyright, Insurance Services Office, Inc.,2012 Page 1 of 1 NWHER-1 OP ID: CT .4�o� 06/03 zv • CERTIFICATE OF LIABILITY INSURANCE D /OD/YYYY) 6/03/2024 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 206-842-7692 CONTACT Carol S.Thornburgh Thornburgh Insurance Agency PHONE 206-842-7692 FAX 206-780-1503 188 Erickson Avenue NE (NC,No,EM): (NC,No): P O Box 10370 E-MAIL s:carol@thornburgh-insurance.com Bainbridge Island,WA 98110 Carol S.Thomburgh INSURER(S)AFFORDING COVERAGE NAIC It INSURER A:Western World Insurance Co INSURED INSURER B:Arch Specialty Insurance NW Heritage Consultants LLC PO Box 4159 INSURER C: Seattle,WA 98194 - INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EXP I TYPE OF INSURANCE ANSD DDL WVD POLICY NUMBER tMR M/ODY/YYYY1 IMM/DD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR NPP6002981 01/18/2024 01/18/2025 DAMAGE TO RENTED 000,100 PREMISES(Ea occurrence) $ _ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000.000 X POLICY '8t LOC PRODUCTS-COMP/OP AGG $ Not covered OTHER: AUTOMOBILE LIABILITY (Es acc deIlQ SINGLE LIMIT $ — OWNED ANY AUTO BODILY INJURY(Per person) $ AWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY SCCpHHNEODW AUTOS ONLY AUTO % (Per PROPERTY DAMAGE $ . $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE FR ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N NPP6002981 01/18/2024 01/18/2025 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Arch Insurance SPL0062442-05 01/18/2024 01/18/2025 Prof Liab 2,000,000 Retention 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Project:Evergreen Rotary Park Board Ramp Repair Project#85376,Bremerton WA 2404M SEE ATTACHED ADDENDUM FOR ADDITIONAL REMARKS SCHEDULEcity CERTIFICATE HOLDER CANCELLATION CITYBRE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Public Works&Utilities Ryan Nash/David Dinkuhn AU ORIZED PRESENTATIVE 345 6th er Street e 100 rol S. ornburgh Bremerton,on,WA98377 n,_rgg 1 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACc'RLP® CERTIFICATE OF LIABILITY INSURANCE DATEDD/YYYY) 06/04/2024 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 CONTACT Kheite Custodio NAME: StateFarm Jeffrey Taylor ONExt: 206 725 8008 FAX No: 206 725 5360 OOo 4850 Rainier Ave S E-MAPDRESS: kheitejeffreytaylorinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Seattle WA 98118 INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B Berger, Margaret INSURER C DBA NORTHWEST HERITAGE CONSULTANTS LLC INSURER D PO BOX 4159 INSURER E Seattle WA 98194 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD SUB POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICYPRODUCTS-COMP/OP AGG JECT LOC $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO 557 4094-D14-47A 04/14/2024 10/14/2024 BODILY INJURY(Per person) $ 1,000,000 OWNED Nt SCHEDULED AUTOS ONLY ^ AUTOS BODILY INJURY(Per accident) $ 1,000,000 HIRED NON-OWNED PROPERTY DAMAGE 100,000 AUTOS ONLY AUTOS ONLY (Per accident) $ UNOC $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY STATUTE ER $ ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 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) for the Evergreen Rotary Park Boat Ramp Repair Project#85376 in Bremerton,WA,2404M CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton, Public Works&Utilities ACCORDANCE WITH THE POLICY PROVISIONS. Ryan Nash/David Dinkuhn AUTHORIZED REPRESENTATIVE 345 6th Street,Suite 100 Bremerton WA 98337 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.14 04-13-2022 This Endorsement Modifies Your Policy (Effective At Inception Unless Another Date Shown Below) ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The insurance afforded by this policy for"bodily injury,""property dama e"and/or"personal and advertising injury" shall also apply to the "additional insured" listed below for claims, suits, and/or damages made against the "additional insured," but only to the extent the "additional insured" is being held responsible for the acts, omissions and/or negligence of the"named insured." This insurance afforded shall not apply to claims, suits and/or damages arising out of the acts, omissions and/or negligence of the "additional insured(s)." The inclusion of the"additional insured(s)"shall not operate to increase the Limits of Insurance. To the extent, if any, that this policy affords coverage to an "additional insured," the "additional insured" is subject to all of the terms of the policy. Our obligation to provide coverage to an "additional insured" is further limited by the interest of the "additional insured"as defined below. Interest of the Additional Insured(s) Defined: AS REQUIRED BY WRITTEN CONTRACT PREMIUM DUE S1,500.00(FLAT AND FULLY EARNED) For the purpose of this endorsement, the "named insured"is the person(s)and/or party(ies)designated on the Declarations Page of the policy or on any endorsement. The"additional insured"is the person(s)and/or party(ies)identified below. Identity of Additional Insured(s): OWNERS OR CONTRACTORS,WHERE REQUIRED BY WRITTEN CONTRACT, NAMING SUCH PERSON(S)AS ADDITIONAL INSURED(S).CERTIFICATES ON FILE WITH COMPANY. (Complete this section if endorsement is added after policy is issued.) NPP6002981 Policy Number Endorsement Number Endorsement Effective Date • Signature of Authorized Representative Producer Number Page 2 of 23 WW180(03/10) INSURED COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEAgE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You lave agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 CG 20 01 04 13 Copyright, Insurance Services Office, Inc.,2012 Page 1 of 1 ADDENDUM ADDITIONAL REMARKS SCHEDULE ATTACHMENT MN Heritage Consultants LLC Cultural Resources Consultants LLC PO Box 4159 Seattle, Washington 98194 January 18, 2024 Commercial General Liability Policy No. NPP6002981 The CGL policy includes a blanket automatic endorsement that providles additional insured status to the certificate holder only when there 's a written contract between the named insured and the certificate holder that requires such status. The CGL policy contains a special endorsement with "Primary and Noncontributory" wording.