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-441046,- F�.r is city �- - BREMER September 18, 2024 Consor North America, Inc. ATTN: Nathan Rostad 1102 Broadway Plaza, Suite 401 Tacoma, WA 98402 Re: Manganese Treatment Facility (Eastside) / Project No. 4580 CONTRACT EXTENSION TO CONTRACT NO. 6678 Dear Nathan: The City is extending the completion date of the aforementioned contract. Delays in completing tasks were caused by extended review times and additional City staff effort coordinating with Puget Sound Energy for possible acquisition of a portion of their property for which they have declined. The new contract end date is November 30, 2024. Kindly provide written confirmation of your agreement to Angela Hoover at the following address; City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 And via e-mail at David.Powell@bremertonwa.gov. If you have any questions, I can be reached by phone at (360) 473-5268 or by the abovementioned email. We look forward to continuing to work with you on this project. Sincer , David Powell Project Manager City of Bremerton — Engineering Division Cc: Project File William Davis, Managing Engineer Noreen Bolo, Project Assistant Melinda Monroe, Contracts Administrator Public Works&Utilities 1345 6th Street,Suite 100,Bremerton,WA 98337*Phone(360)473-5270*Fax(360)473-5398 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B PROFESSIONAL SERVICES AGREEMENT CONSOR North America, Inc. ALTERNATIVES EVALUATION EASTSIDE MANGANESE TREATMENT AND PUMP STATION UPGRADE - WELLS 13 & 14 AND PS 16 - 4580 The City of Bremerton ("City") and CONSOR ("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 March 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 B;provided however,that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement,the City shall pay Consultant in an amount not to exceed $97,351.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement,the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 1 of 13 CONSOR Manganese Treatment(Eastside) Rev. 09/2021 DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B 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 13 CONSOR Manganese Treatment(Eastside) Rev. 09/2021 DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 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. 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 13 CONSOR Manganese Treatment(Eastside) Rev. 09/2021 DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B 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 contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant's responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall,upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and 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 Silverdale, 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 13 CONSOR Manganese Treatment(Eastside) Rev. 09/2021 DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B 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 Tacoma, 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. Page 5 of 13 CONSOR Manganese Treatment(Eastside) Rev. 09/2021 DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: David Powell, PE Attn: Nathan Rostad, PE City of Bremerton CONSOR North America, Inc 345 6a' Street, Suite 100 1102 Broadway Plaza, Suite 401 Bremerton, WA 98337-1891 Tacoma, WA 98402 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor 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 subcontractors, 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 Page 6 of 13 CONSOR Manganese Treatment(Eastside) Rev. 09/2021 DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work,the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1)any acts of the federal government in controlling,restricting, or requisitioning materials, equipment,tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. Page 7 of 13 CONSOR Manganese Treatment(Eastside) Rev. 09/2021 DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON CONSOR NORTH AMERICA, INC DocuSigned by: DocuSigned by: N40, ris14 By: RAL46ng,E EZ47R By b800243 07,6642 7... Print Name: Greg Wheeler Print Name: Nathan Rostad Its: Mayor Its: Senior Engineer Date: 4/16/2024 Date: 4/16/2024 APPROVED AS TO FORM: ATTEST: DocuSigned by: DocuSigned by: BY. 52P.E&E8381D0462... Y' 24E E134E4.5E4-1-E-... Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev.09 2021.docx Page 8 of 13 CONSOR Manganese Treatment(Eastside) Rev. 09/2021 DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B Exhibit A — Scope of Work (See attached document) DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B EXHIBIT A SCOPE OF SERVICES ALTERNATIVES EVALUATION EASTSIDE MANGANESE TREATMENT AND PUMP STATION UPGRADE - WELLS 13 & 14 AND PS 16 CITY OF BREMERTON Project Overview and Understanding Consor (Consultant) has developed the following scope of services and accompanying engineering fee estimate for the City of Bremerton(City) Eastside Manganese Treatment and Pump Station Upgrade—Wells 13 & 14 and Pump Station 16 (PS 16) project. Wells 13 and 14 are located approximately 1,300 feet from each other along Central Valley Rd NE outside of the City limits within Kitsap County, and PS 16 and Well 13 are located on the same small 6,100 square foot parcel. PS 16 was constructed in 1975 and is scheduled for improvement to increase capacity, improve the station layout to be more operator friendly, replace aging equipment, and relocate chlorine storage to within a new pump station structure. After discovering manganese levels exceeding the secondary maximum contaminant level and its system wide manganese goals in its Eastside Wells 13 and 14, the City recently completed pilot testing for manganese treatment that showed a single treatment facility to treat both wells would be more cost effective than separate treatment facilities for each well. Given the proximity and interrelated nature between the wells and pump station, the City decided to execute one project to construct a new upgraded PS 16 and construct a manganese treatment facility for Wells 13 and 14. The initial phase of the project includes a siting alternatives evaluation to determine the preferred location for the new manganese treatment facility and improved PS 16. The siting alternatives to be considered include the following: o New treatment facility and new PS 16 at the Well 14 site; o New treatment facility at the Well 14 site, with the new PS 16 at its current site; o New treatment facility and new PS 16 at the Well 13/PS 16 site. In addition to siting of the facilities, the first phase will also determine the preferred solution of backwash water— either recycling via an onsite tank or by sanitary sewer disposal. The results of the initial phase evaluation and analyses will serve as the basis for preliminary and final design to be completed in a subsequent phase. Consor • March 2024 • City of Bremerton Eastside Manganese Treatment and Pump Station Upgrade—Wells 13, 14 and PS 16 • 1 DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B This Scope of Services and accompanying fee estimate have been developed based on discussions with the City and Consor's understanding of the project. Scope of Services The proposed Scope of Services is for engineering services for Phase 1 of the Eastside Manganese Treatment and PS 16 Improvements project and is divided into the following work tasks. D. Task 1 Project Management ➢ Task 2 Data Collection, Geotechnical Investigation, and Base Map Preparation ➢ Task 3 Pre-design Alternatives Evaluation D. Task 4 Management Reserve Detailed descriptions of each major work task follow. Task 1 - Project Management Objective Provide overall leadership and team strategic guidance aligned with City staff objectives. Coordinate, monitor, and control the project resources to meet the technical, communication, and contractual obligations required for developing and implementing the project scope. 1.1 Invoices and Status Reports Prepare and submit electronic monthly invoice for review and approval by the City. Each invoice shall include the following information. ➢ Billing period (start and end date) included in the invoice D. Description of work accomplished in each WBS/contract task for the billing period ➢ Name, billing rate and hours for each resource that worked on each task D. Percent spent vs. percent completed (by task if appropriate to the project) D. Potential out-of-scope work items 1.2 Project Schedule Prepare a project schedule and manage schedule through completion of this Scope of Services. 1.3 Project Coordination Coordinate with City Project Manager. Manage project staff and manage subconsultant contracts. Communicate scope and schedule expectations with subconsultants and staff. Coordinate and manage subconsultant and staff work to meet overall project goals. 1.4 Quality Management Review work products of staff and subconsultants. Verify analysis and concepts reflect thorough development of alternatives and options. Consor subconsultant Confluence Engineering will provide third party quality reviews of Alternatives Evaluation Technical Memorandum. Consor • March 2024•City of Bremerton Eastside Manganese Treatment and Pump Station Upgrade—Wells 13, 14 and PS 16 • 2 \\ad.msa-ep.00m\Portland\PDX_BD\Clients\Kirkland,WA\South Reservoir Pre-Design Study 12-22\Sooping\Kirkland South Reservoir Pre-Design Study EXHIBIT A.doox DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B 1.5 Kick-off Meeting Prepare for and attend a virtual kick-off meeting with City staff. Provided by the City D. Timely review and processing of consultant invoices D. Review of kick-off meeting agenda and meeting summary prepared by Consor Task Deliverables ➢ Project schedule ➢ Up to five(5) months of progress reports and invoices Assumptions ➢ Consultant assumes a Notice to Proceed date in late March 2024. ➢ The total length of this phase of the project is estimated to be up to five(5) months. D. The kickoff meeting will be virtual and attended by up to two (2) Consor staff. ➢ Project schedule will be developed and maintained using MS Project. Task 2 — Data Collection, Geotechnical Investigation, and Base Map Preparation Objective Work under this task includes collection and review of data for the project for use in subsequent tasks, geotechnical investigation and reporting for the Well 14 site to inform the siting analysis due to mapped seismic hazards at the site, and development of a base map for use in the subsequent design phase. 2.1 Data Collection and Review Prepare a list of data needed for the project, submit to the City, and coordinate with the City during the data collection process. Gather relevant GIS data from publicly available sources. Review data and information collected and extract relevant information for the project. Coordinate with utility companies, request utility as-built plans, review information received, and incorporate pertinent information into the survey base map. 2.2 Survey Coordination and Base Map Development Coordinate surveying tasks with surveying subconsultant, review draft survey information, and coordinate with surveyor on work required to complete survey to City standards and requirements of the project. Topographic and Boundary Survey of the Well 14 and Well 13 sites will be completed by Consor subconsultant, AES Consultants, Inc. (AES). Review and cleanup AutoCAD files of site survey provided by AES, develop base map suitable for design of the proposed improvements. Consor • March 2024 • City of Bremerton Eastside Manganese Treatment and Pump Station Upgrade—Wells 13, 14 and PS 16 • 3 \\ad.msa-ep.00m\Portland\PDX_BD\Clients\Kirkland,WA\South Reservoir Pre-Design Study 12-22\Sooping\Kirkland South Reservoir Pre-Design Study EXHIBIT A.doox DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B 2.3 Geotechnical Field Investigation and Reporting Consor's geotechnical engineering subconsultant, Robinson Noble, a Terraphase Company(Robinson Noble) will provide geotechnical engineering services consisting of subsurface exploration and analyses to assess seismic hazards and develop recommendations at the Well 14 site.The results of the subsurface investigations will be summarized in a report including slope stability, liquefaction potential, seismic design parameters, foundation recommendations, excavation and shoring recommendations, and groundwater considerations. Consor will coordinate with the geotechnical engineer on location and size of proposed improvements. Coordinate subsurface investigative tasks with geotechnical engineer, and review draft and final geotechnical reports. Provided by the City ➢ Timely responses to data requests ➢ Submission of One Call requests and field locating of utilities prior to field surveying. ➢ Access to the sites for completion of field work. Assumptions ➢ City will provide available data within two(2) weeks of request. D. One data request list will be developed and submitted to the City. D. Topographic survey of the Well 14 site will extend west from the road to the top of the steep slope down to Mosher Creek, and will include locating Mosher Creek for setbacks. Detailed survey and tree locating of the wooded steep slope down to the creek will not be performed. D. Survey of Central Valley Road between Well 13 site and Well 14 site is not included in this scope of services, and will be performed as a separate authorization only if the selected alternative includes a new pipeline between the two sites. ➢ Geotechnical investigation will be limited to the Well 14 site during this phase and will include one 80-foot deep boring to evaluate liquefaction potential and slope stability given the mapped fault line in the vicinity of the site and the steep slopes on the western half of the site. ➢ Geotechnical investigation of the Well 13 site and infiltration testing to support design will be performed in a subsequent phase, if needed. Consultant Deliverables ➢ Data request list(s) ➢ Base survey map ➢ Draft and final geotechnical reports for the Well 14 site, in PDF format. Task 3 - Pre-Design Alternatives Evaluation Objective Evaluate and develop conceptual layout of facility siting alternatives, lifecycle cost evaluation of backwash alternatives, hydraulic modeling, and completion of a Pre-design Technical Memorandum. Consor • March 2024•City of Bremerton Eastside Manganese Treatment and Pump Station Upgrade—Wells 13, 14 and PS 16 •4 \\ad.msa-ep.00m\Portland\PDX_BD\Clients\Kirkland,WA\South Reservoir Pre-Design Study 12-22\Sooping\Kirkland South Reservoir Pre-Design Study EXHIBIT A.doox DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B 3.1 Design Criteria Develop design criteria for the proposed improvements based on City standards, regulatory agency requirements, completed services by subconsultants, and coordination with the City on equipment preferences. 3.2. Preliminary Pump Station, Treatment Facility, and Site Layouts Develop up to three(3) preliminary floor plan alternatives for the pump station and treatment building(s). Develop up to three(3) preliminary site plan alternatives for City review and input Include at a preliminary level building layout and orientation, standby generator accommodations, access road, parking, valve and meter vaults, and preliminary piping layout for treatment and pump station inlet piping, outlet piping, distribution / transmission system modifications, backwash disposal, and other major site features. Alternatives at the Well 13 site will include evaluation of property acquisition needs from the neighboring Puget Sound Energy property. Waste disposal options for both sites will include both onsite and offsite disposal. Requirements for all or part of the waste stream being sent to Kitsap County including infrastructure requirements and costs will be included as an option. Prepare for and attend a virtual meeting with City staff to discuss the preliminary layouts and gather feedback. 3.3 Hydraulic Modeling and Analyses Using the City's updated hydraulic model, perform limited preliminary hydraulic analyses to determine hydraulic impacts of potentially relocating PS 16 or routing Well 13 flow through a treatment facility at the Well 14 site. The analyses will consist of model runs under static conditions to compare the flow of water into the 398 Zone reservoirs between existing conditions and up to two alternative conditions. 3.4 Backwash Lifecycle Cost Evaluation Perform a lifecycle cost evaluation of backwash recycle and backwash disposal to sanitary sewer including initial construction costs and long-term sewer disposal costs and system maintenance needs. 3.5 Alternatives Evaluation Evaluate facility siting alternatives based on the work completed in prior tasks. 3.5.1 Preliminary Cost Estimates Develop preliminary construction cost estimates for the alternatives, incorporating the costs developed under Task 3.4. 3.5.2 Evaluation Criteria Develop and document criteria that will be used to evaluate the alternatives, based on the Triple Bottom Line (TBL) decision model. Typical criteria for the TBL would consider criteria from financial, social, and environmental perspectives. Provide criteria to City for review and comment. 3.5.3 Alternatives Evaluation Evaluate the alternatives with the criteria developed above using the TBL decision approach and determine the preferred alternative to advance to the subsequent design phase. Consor • March 2024 • City of Bremerton Eastside Manganese Treatment and Pump Station Upgrade—Wells 13, 14 and PS 16 •5 \\ad.msa-ep.00m\Portland\PDX_BD\Clients\Kirkland,WA\South Reservoir Pre-Design Study 12-22\Sooping\Kirkland South Reservoir Pre-Design Study EXHIBIT A.doox DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B 3.5.4 Alternatives Evaluation Workshop Prepare for and attend virtual meeting with City staff to present the results of Tasks 3.1 through 3.5,gather input, and assist with the selection of preferred alternative. 3.6 Alternatives Evaluation Technical Memorandum Prepare a technical memorandum summarizing the results of Tasks 3.1 through 3.5. 3.6.1 Draft Technical Memorandum Prepare a draft technical memorandum that summarizes relevant information and data collected from records, and the results of the work in Tasks 3.1 through 3.5.The technical memorandum will also include the conceptual layout plans and presentation of the preferred improvement alternative to advance to preliminary design during the next phase of the project. 3.6.2 Final Technical Memorandum The draft technical memorandum will be revised based on comments and discussions with City and finalized. Provided by the City ➢ Attendance and participation at meetings and workshops. ➢ Input on preliminary building layout alternatives. D. Input on preliminary site layouts. ➢ Review TBL evaluation criteria and provide comments. Provide input on selection of preferred alternative. ➢ Review draft technical memorandum and provide comments. Assumptions D. The buildings will be constructed of split face concrete masonry units and up to three (3) building layout alternatives will be developed for City review and input. Building layout alternatives are anticipated to include the following: o Treatment facility and new PS 16 in two separate new buildings o Treatment facility and new PS 16 co-located in a single new building. o New PS 16 using the existing PS 16 building slab ➢ The three (3) site alternatives to be evaluated are anticipated to include: o New treatment facility and new PS 16 at the Well 14 site; o New treatment facility at the Well 14 site, with the new PS 16 at its current site; o New treatment facility and new PS 16 at the Well 13/PS 16 site. Consor • March 2024•City of Bremerton Eastside Manganese Treatment and Pump Station Upgrade—Wells 13, 14 and PS 16 • 6 \\ad.msa-ep.00m\Portland\PDX_BD\Clients\Kirkland,WA\South Reservoir Pre-Design Study 12-22\Sooping\Kirkland South Reservoir Pre-Design Study EXHIBIT A.doox DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B D. The conceptual plans will include one plan sheet each. ➢ Each of the two (2) virtual meetings included in Task 3 will be attended by up to two (2) Consor staff. D. Development of preliminary building layouts under Task 3.2 will occur in parallel with field survey. Development of preliminary site layouts under Task 3.2 will be developed using the base map developed under Task 2. ➢ City review period for the draft technical memorandum is assumed to be up to two (2) weeks. ➢ Hydraulic modeling and analyses will be limited to up to 20 hours of effort. It is assumed the hydraulic model will be received operational and will not require calibration for the purposes of this analysis. Consultant Deliverables ➢ Up to three(3) conceptual building layout plans in pdf format D. Up to three(3) conceptual site plans in pdf format ➢ Preliminary site layout TBL evaluation spreadsheet, in Excel format D. Meeting agendas and summaries for up to two(2) meetings D. Electronic copies of Technical Memorandum, draft (MS word) and final (pdf) Task 4 — Management Reserve This task provides a management reserve allowance that may be used to address unforeseen tasks necessary for any of the project components. This allowance may only be utilized based on written authorization from the City's project manager. Budget Work will be performed on a time and expense basis with a total not to exceed amount as shown on the attached Fee Estimate(Exhibit B). Project Schedule The estimated schedule for the Scope of Services is based on an assumed notice to proceed in late March 2024 and completion in August 2024. A detailed schedule will be prepared after notice to proceed is provided by the City. Consor • March 2024 • City of Bremerton Eastside Manganese Treatment and Pump Station Upgrade—Wells 13, 14 and PS 16 • 7 \\ad.msa-ep.00m\Portland\PDX_BD\Clients\Kirkland,WA\South Reservoir Pre-Design Study 12-22\Sooping\Kirkland South Reservoir Pre-Design Study EXHIBIT A.doox DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B Exhibit B - Schedule The Work in this Contract will be completed within 5 months of execution of the contract by both parties. DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B Exhibit C — Compensation Contract Total (refer to Exhibit A) $97,351 DocuSign Envelope ID: BC9ACA54-0351-4223-A6CB-8823E2A4A64B EXHIBIT C ALTERNATIVES EVALUATION EASTSIDE MANGANESE TREATMENT&PUMP STATION UGRADE-WELL 13&14 AND PS 16 CITY OF BREMERTON PROPOSED FEE ESTIMATE LABOR CLASSIFICATION(HOURS) Tech.Advisor PM PE EIT CAD 5ubconsultants 111111111 I IQAJQC- Subconsultant Principal Engineer Principal Engineer Professional Engineering Confluence Geotech- Survey- Multiplier Subconsultant Total VI III Engineer VII Designer II Technician IV Cost Estimator III Administrative III Hours Labor Engineering Robinson Noble AES 9d Markup with Markup Expenses $326 $283 $208 $127 $173 $270 $133 Staff Name OdellLee RostadNat BurnsFlea Colberg.lac HarjalaDav Gr(esingerRob DeHavenPat Task 1- Project Management Task 1.1- Invoices and Status Reports 2 5 9 12 $ 2,272 1.1 $ - $ - $ 2,272 Task 1.2- Project Schedule 3 3 $ 850 1.1 $ - $ - $ 850 Task 1.3- Project Coordination 5 2 7 $ 1,832 1.1 $ - $ - $ 1,832 Task 1.4- Quality Management 2 4 6 $ 1,784 $ 1,750 1.1 $ 1,925 $ - $ 3,709 Task 1.5- Kick-off Meeting 2 4 6 $ 1,398 1.1 $ - $ - $ 1,398 Task 1 Subtotal 2 16. 11 0 0 0 5 34 $ MEM 1 1,750 $ ®11- $ 1,925 $ - $ Task 2- Data Collection,Geotechnical Investigation,and Base Map Task 2.1- Data Collection and Review 1 3 4 8 $ 1,416 1.1 $ - $ - $ 1,416 Task 2.2- Survey Coordination and Base Map Development 4 8 12 $ 2,218 1.1 $ - $ - $ 2,218 Well 13 Site Survey $ 4,800 1.1 $ 5,280 $ - $ 5,280 Well 14 Site Survey $ 7,600 1.1 $ 8,360 $ - $ 8,360 Task 2.3- Geotechnical Field Investigation and Reporting 1 5 6 $ 1,323 1.1 $ - $ - $ 1,323 Geotechnical boring and laboratory analysis $ - $ 9,238 1.1 $ 10,162 $ - $ 10,162 Geotechnical report preparation $ - $ 7,762 1.1 $ 8,538 $ - $ 8,538 Task2Subtotal 0 2 12 1 0 j $ 17,000 $ 1.r $ 32,340 $ $ 37,295 Task 3- Pre-Design Alternatives Evaluation Task 3.1- Design Criteria 1 2 3 5 11 $ 2,152 1.1 $ - $ - $ 2,152 Task 3.2- Preliminary Pump Station,Treatment Facility,and Site Layouts 3 12 20 40 30 105 $ 18,821 1.1 $ - $ - $ 18,821 Task 3.3- Hydraulic Modeling Analysis 3 7 10 20 $ 3,577 1.1 $ - $ - $ 3,577 Task 3.4- Backwash Lifecycle Cost Evaluation 1 3 6 1 11 $ 1,941 1.1 $ - $ - $ 1,941 Task 3.5- Alternatives Evaluation 1.1$ - $ - $ - $ -Preliminary Cost Estimates 2 4 12 2 20 $ 3,466 1.1 $ - $ - $ 3,466 Evaluation Criteria 1 2 4 7 $ 1,208 1.1 $ - $ - $ 1,208 Alternatives Evaluation 3 8 10 21 $ 3,785 1.1 $ - $ - $ 3,785 Alternatives Evaluation Workshop 3 4 7 $ 1,681 1.1 $ - $ - $ 1,681 Task 3.5- Pre-Design Technical Memorandum $ - 1.1 $ - $ - $ - DraftTechnicalMemorandum - 4 9 18 33 $ 5,946 1.1 $ - $ - $ 5,946 Final Technical Memorandum 2 4 8 14 $ 2,416 1.1 $ - $ - $ 2,416 Task 3 Subtotal 6 33 ®I®I®II 3 0 249 $ 41111b iS - $ - $ -_I/1 - $ - $ .11 Task 4- Management Reserve Task 4.1- IvlanagementReserve 0 - 1.1 $ - $ 5,000 $ 5,000 Task 4 Subtotal 0 0 0 ®I1r. 0 0 0 $ - $ - $ Pr $ - $ 5,000 $ 5,r e of IIIII TOTAL-ALL TASKS 8 51 87 38 3 5 309 $ 58,086 $ 1,750 $ 17,000 $ 12,400 $ 34,265 $ 5,000 $ City of Bremerton Eastside ManganeseTreatment Pump Station 16 Improvements March 2024 Consor Page 1 Gi\Pov_BE,\Clients\Bremerton,City of\Eastside Manganese treatment Facility REP 11-23\sCoping\Bremerton Eastside Manganese_Fee Estimate 2G24 Rates_re ised DocuSign Envelope ID:BC9ACA54-0351-4223-A6CB-8823E2A4A64B A/--�® - DATE(MM/DD/YYYY) �. CERTIFICATE OF LIABILITY INSURANCE 12/31/2024 1/30/2024 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 Lockton Companies NAMEACT Three City Place Drive,Suite 900 PHONE FAX St.Louis MO 63141-7081 E MAID° $W INC No (314)432-0500 _ADDRESS: _ midwestcertificates@lockton.com INSURER(S)AFFORDING COVERAGE NAIC# _ _INSURER A:The Continental Casualty Company 20443 INSURED Consor North America Inc. INSURER B:Great American Insurance Company. 16691 1407115 155 North Wacker Dr,Ste 4150 INSURER C:National Fire Insurance Co of Hartford 20478 Chicago IL 60606 .INSURER D:AXIS Surplus Insurance Company 26620 INSURER E:Travelers Property Casualty Company of America 25674 INSURER F: COVERAGES CERTIFICATE NUMBER: 20252796 REVISION NUMBER: XXXXXXX 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. � R ADDL LTR TYPE OF INSURANCE MD WVO POLICY NUMBER IMM/DDY/YYYYI (MMID NYYYL LIMITS A X COMMERCIAL GENERAL LIABILITY Y N 7036360752 12/31/2023 12/31/2024 EACH OCCURRENCE $ 1,000,000DAMAGE TO RENTED I CLAIMS-MADE X OCCUR _PREMISES(Ea occurrence) $ 1,000,000 - MED EXP(Any oneperson) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y N 7036360766 12/31/2023 12/31/2024 COMBINED NGLE LIMIT $ (Ea accidentlSI 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED — SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY jeer accident _ $ XXXXXXX B X UMBRELLA LIAB X OCCUR N N TUE 3274463 04 12/31/2023 12/31/2024 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED (_RETENTION$ $ XXXXXXX _. WORKERS COMPENSATION PER OTH- C AND EMPLOYERS'LIABILITY N 7036465081(AOS) 12/31/2023 12/31/2024 X,STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 7036441749 CA) 12/31/2023 12/31/2024 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 $ 1.000.000 D Professional& N N EBZ634816/01/2023 12/31/2023 12/31/2024 $10,000,000 per Claim Environmental Liab. $10,000,000 Aggregate E Excess Liab. EX-6X767086-23-NF 12/31/2023 12/31/2024 Deductible:$500,000 $5M occ/aggr DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Consor Project No.W233612WA.00:Eastside Manganese Treatment Facility.*see page 2* CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20252796 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton 345 6th Street Bremerton WA 98337 AUTHORIZED REPRESENTATI op ©1988-2 CORD CORPORATI N. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD c DocuSign Envelope ID:BC9ACA54-0351-4223-A6CB-8823E2A4A64B yY ENDORSEMENT/SPECIAL PROVISIONS(Use only if more space Is required) City of Bremerton are included as additional insureds on a Primary and Non-contributory basis if required by written contract with respect to General Liability and Automobile Liability per the terms and conditions of the policy.A 30-day notice of cancellation is included if required by written contract with respect to General Liability and Automobile Liability per the terms and conditions of the policy. ACORD 25(2016/03) Certificate Holder ID:20252796 DocuSign Envelope ID:BC9ACA54-0351-4223-A6CB-8823E2A4A64B Attachment Code:D545910 Master ID: 1407115,Certificate ID:20252796 LOCKTON City of Bremerton 345 6th Street Bremerton WA 98337 To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 20252796. 'Email: STL-edelivery@lockton.com 'Phone: (866) 728-5657 (toll-free) If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox is for providing e-Delivery email addresses for next year's renewal certificates ONLY. Your information will be input within 90 days. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Companies Lockton Companies Three CityPlace Dr, Suite 900 St. Louis. MO 63141-7088 314-432-0500/ lockton.com DocuSign Envelope ID:BC9ACA54-0351-4223-A6CB-8823E2A4A64B Attar. 17673 Ccitilit. tc ID.20252790 CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsemen I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010,or under the 1001 edition of CG2037; or B. additional insured coverage with "arising out of'language;or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not • • provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. • IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A.the rendering of, or the failure to render,any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities;or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part CNA75079XX(10-16) Policy No: 7036360752 Page 1 of 2 CONTINENTAL CASUALTY COMPANY Effective Date: 12/31/2023 Insured Name: Consor Holdings, LLC Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. DocuSign Envelope ID:BC9ACA54-0351-4223-A6CB-8823E2A4A64B Attach 1/673 C.eritllctfe Ill:20752/96 CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Endorsement No. CNA75079XX (10-16) Policy No: 7036360752 Page 2 of 2 CONTINENTAL CASUALTY COMPANY Effective Date: 12/31/2023 Insured Name: Consor Holdings, LLC Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. DocuSign Envelope ID:BC9ACA54-0351-4223-A6CB-8823E2A4A64B A achnarA17134 Certificate ID:20252796 CNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary,this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. the additional insured is a named insured under such other insurance; and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy CNA74987XX(1-15) Policy No:7036360752 Page 1 of 1 Endorsement No: 13 CONTINENTAL CASUALTY COMPANY Effective Date:12/31/2023 Insured Name: CONSOR HOLDINGS LLC Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. DocuSign Envelope ID:BC9ACA54-0351-4223-A6CB-8823E2A4A64B Attachment Code:D617132 Certificate ID:20252796 CNA Business Auto Policy Policy Endorsement ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amenas the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization Per schedule on file with company. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Endorsement No: CNA71527XX(10-2012) Policy No.7036360766 Endorsement Effective Date: 12/31/2023 Endorsement Expiration Date: 12/31/2024 Policy Effective Date: 12/31/2023 Insured Name: Consor Holdings,LLC Underwriting Company: Continental Casualty Company ®Copyright CNA All Rights Reserved.