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HomeMy WebLinkAbout7010 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 AGENDA BILL CITY OF BREMERTON 31 CITY COUNCIL SUBJECT: Study Session Date: April 8, 2026 Goods and Services Agreement with COUNCIL MEETING Date: April 15, 2026 AquaTechnex LLC for Phosphorus Department: Public Works & Utilities Treatment and Aquatic Vegetation Presenter: Will Riley Harvesting of Kitsap Lake Phone: (360) 473-5207 SUMMARY: The contract funds work to improve Kitsap Lake water quality through EutroSorb-G application, submerged aquatic vegetation harvesting, and invasive vegetation control on the shoreline by AquaTechnex LLC., through December 31, 2028. EutroSorb-G reduces available phosphorus to reduce or eliminate blue-green algae blooms and restores water quality to an acceptable condition for use by human, animal, and fish. Harvesting removes excess aquatic vegetation biomass to reduce phosphorus released during decomposition.AquaTechnex will treat the lake with EutroSorb-G in the spring and begin harvesting in summer, with a second partial EutroSorb-G treatment in late summer. ATTACHMENTS: 1)AquaTechnex LLC. Goods and Services Agreement; 2) Kitsap Lake Algae Control and Vegetation Control Summary FISCAL IMPACTS (Include Budgeted Amount): 2026 project cost is$226,912 from the Stormwater Capital Fund. The 2027 and 2028 project cost is$185,000 per year from the Stormwater Capital Fund. Total Cost for all three years is $596,912.20. STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Goods and Services Agreement with AquaTechnex LLC in the amount not to exceed $596,912.20, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: X Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 04/19/2024 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Aquatechnex LLC ("Vendor"), whose mailing address is:1801 Van Wormer, Suite 1,Centralia, WA 98531. The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Scope of Work The Vendor will apply EutroSORB G, a 10% Lanthanum Modified Bentonite (LMB), to the entire 243-acre area of Kitsap Lake annually between May 15th and June 30th and approximately 32 acres of the lake that are deeper than 20 feet in August of each year. LMB is used to sequester free reactive phosphorus (FRP) in the water column to reduce blue-green algae blooms. The dose of LMB per microgram of FRP will be based on most current lake sample collected by City staff and analyzed by SePro Laboratories. LMB application rate will be adjusted as needed to strip FRP from the water column but not to less than 50 pounds of LMB per pound of phosphorus. Aquatic vegetation harvesting will be completed in the littoral zone of the lake by the end of July as directed and within the approved budget. A second Eutrosorb G application shall be completed upon completion of the aquatic vegetation harvesting to minimize risk of algal blooms caused by FRP release from harvested vegetation. Lake monitoring will be provided by city staff between May and September each year to support the project. Ecology has issued the Permit needed to implement this program; it is renewed annually by the Vendor.Notice to proceed with work will be given in May of each year barring any unforeseen circumstances. The Vendor will provide notice to all residents and businesses located on the lake shoreline at least 10 days prior to LMB application as required by the Permit. II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services by December 31, 2028. IIl. COMPENSATION. The City shall pay the Vendor the total amount, not to exceed, of $596,912, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement over a 3-year period. The City shall pay the Vendor up to $226,912.20 for 2026 and $185,000 for 2027 and 2028. The City shall pay the Vendor these amounts according to the annual work schedule as agreed based on LMB used and harvesting completed, not to exceed the amounts described per Exhibit B. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party,and Vendor shall be liable to the City for any additional Page 1 of 9 Goods and Services Agreement Rev.04/2023 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal,state or local laws,rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City's choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary,Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Page 2 of 9 Goods and Services Agreement Rev.04/2023 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any,of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods,materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (I) endorsing it, (2) writing a separate acceptance, or(3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). Page 3 of 9 Goods and Services Agreement Rev.04/2023 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 VII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen(14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if(and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. VIII. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement. Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City,its officers,officials,employees,agents and volunteers,the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY Page 4 of 9 Goods and Services Agreement Rev.04/2023 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than$1,000,000 combined single limit per occurrence and$2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. E. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required),which shall be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. • Page 5 of 9 Goods and Services Agreement Rev.04/2023 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 The Vendor's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Vendor to advise the City's Risk Manager by fax at(360)473-5161,or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments /Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor's Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials,personnel,property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Eaual Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. Page 6 of 9 Goods and Services Agreement Rev.04/2023 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 F. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990,and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wanes. Labor and Industries has determined that prevailing wages do not apply to work being completed under this Goods and Services Agreement. That determination is attached as Exhibit"C". The original email is in the project file. I. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. J. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attomev's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: Attn: Terry McNabb City of Bremerton AquaTechnex, LLC 345 6t'' Street, Suite 100 1801 Van Wormer, Suite 1 Bremerton, WA 98337-1891 Centralia, WA 98531 Page 7 of 9 Goods and Services Agreement Rev.04/2023 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. P. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: CITY OF BREMERTON Aquatechnex LLC Signed by: By: U� Fa6S9.5- E-a-,L By: Print Name: Grea Wheeler Prin a : errence McNabb Its: nno,,,r Its: Co an Prl Ipal Date: 5/8/2026 Date: 3 7(6 20 APPROVED AS TO FORM: ATTEST: Signed by: ��o,A,,,,, Signed by: By: �(A/ 1 Ail rate.. By: Q thou t,V' 2ACSD3381S940L. vtub u tvo�v r KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Goods and Services Agreement Rev.04 2023.docx Page 8 of 9 Goods and Services Agreement Rev.04/2023 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 Exhibit B: Annual Cost Schedule `I Task Description Cost* Eutrosorb G Application Spring application of FRP $117,772.20 control media Summer Harvest Aquatic vegetation harvesting $49,140.00 and removal Shoreline Emergent Control sp ray weed and vegetation $10,000 Eutrosorb G Application Late Summer application of $50,000 FRP control media Year 1 Total $226,912.20 Two Eutrosorb G applications Year 2 and summer aquatic $185,000 vegetation harvesting and removal Two Eutrosorb G applications Year 3 and summer aquatic $185,000 vegetation harvesting and removal I Contract Total $596,912.20 1 *All costs include Washington Sales Tax. Page 9 of 9 Goods and Services Agreement Rev.04/2023 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 A`o DATE(MM/DD/YYYY)RD CERTIFICATE OF LIABILITY INSURANCE 3/10/2026 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 ICONTACT Hub International Northwest LLC PHONE FAX 3125 Howe PI, Suite 201 I(A/C.No.Ext): 360-647-9000 (A/C.No):360-734-8496 Bellingham WA 98226 I ADODRESS: now.bellinghaminfo@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Admiral Insurance Company 24856 INSURED AQUALLC-03 INSURER B: Ohio Security Insurance Company 24082 AquaTechnex LLC DBA H2O Technex Terry McNabb INSURERC: PO Box 30824 I INSURERD: Bellingham WA 98228 I INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:492605541 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y FEIECC1651212 7/15/2025 7/15/2026 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $50,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $4,000,000 POLICY X 'ECT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER Deductible $5,000 B AUTOMOBILE LIABILITY Y Y BAS67988809 7/15/2025 7/15/2026 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ q WORKERS COMPENSATION Y FEIECC1651212 7/15/2025 7/15/2026 PER STATUTE X OERH WA Stop Gap AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? 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 A Professional FEIECC1651212 7/15/2025 7/15/2026 Ea Occ/Agg 1 mill/2 mill Pollution Ea Occ/Agg 2 mill/5 mill Deductible 5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Per policy forms and conditions.Automatic Additional Insured Owners Lessees,or Contractors form ECC-319-0712;Automatic Waiver of Subrogation form ECC-320-0712; Blanket Primary and Non-Contributory Endorsement form ECC-548-0317; Blanket Additional Insured Owners Lessees or Contractors form CG 20 37 12 19; Designated Construction Project General Aggregate Limit form CG 25 03 05 09; Business Auto Coverage Enhancement Endorsement form AC 85 01 06 18. RE: GSA-Kitsap Lake Treatment. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton Public Works& Utilities 345 6th Street, Suite 100 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID 3D873DE5-F9B6-8AE3-82E7-B832D1DD8CE8 Aquatechnex LLC Endorsement Number: 14 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS BLANKET This endorsement, effective 07/15/2025, attaches to and forms a part of Policy Number FEI-ECC-16512-12. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s) Operations Any person(s) or organization(s) whom the Named Those project locations where this Insured agrees, in a written contract, to name as an endorsement is required by contract additional insured However, this status exists only for the project specified in that contract I Information required to complete this Schedule, if not shown above, will be shown in the Declarations I A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to include as an additional insured the person(s)or these additional insureds, the following is organization(s) shown in the Schedule, but only added to Section III—Limits Of Insurance: with respect to liability for"bodily injury"or If coverage provided to the additional Insured "property damage"caused, in whole or in part, is required by a contract or agreement, the by'your work"at the location designated and most we will pay on behalf of the additional described in the Schedule of this endorsement insured is the amount of insurance performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement, or hazard" 2. Available under the applicable limits of However insurance, 1. The insurance afforded to such additional whichever is less insured only applies to the extent permitted This endorsement shall not increase the by law, and applicable limits of insurance 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Docusign Envelope ID 3D873DE5-F9B6-8AE3-82E7-B832D1DD8CE8 Aquatechnex LLC Endorsement Number: 16 DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement, effective 07/15/2025, attaches to and forms a part of Policy Number FEI-ECC-16512-12. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY SCHEDULE Designated Construction Project(s): Those construction projects of the Named Insured when agreed to and required under written contract However, this coverage only applies for the project specified in that contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. For all sums which the insured becomes 3. Any payments made under Coverage A for legally obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I —Coverage A, expenses shall reduce the Designated and for all medical expenses caused by Construction Project General Aggregate accidents under Section I—Coverage C,which Limit for that designated construction project can be attributed only to ongoing operations at Such payments shall not reduce the General a single designated construction project shown Aggregate Limit shown in the Declarations in the Schedule above nor shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate General Aggregate Limit applies to each Limit for any other designated construction designated construction project, and that project shown in the Schedule above limit is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations Occurrence, Damage To Premises Rented 2. The Designated Construction Project To You and Medical Expense continue to General Aggregate Limit is the most we will apply However instead of being subject to pay for the sum of all damages under the General Aggregate Limit shown in the Coverage A, except damages because of Declarations, such limits will be subject to "bodily injury"or"property damage" the applicable Designated Construction included in the "products-completed Project General Aggregate Limit operations hazard', and for medical expenses under Coverage C regardless of the number of a. Insureds, b. Claims made or"suits" brought, or c. Persons or organizations making claims or bringing "suits" CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 Docusign Envelope ID 3D873DE5-F9B6-8AE3-82E7-B832D1DD8CE8 Aquatechnex LLC B. For all sums which the Insured becomes C. When coverage for liability arising out of the legally obligated to pay as damages caused by "products-completed operations hazard"is "occurrences" under Section I —Coverage A, provided, any payments for damages because and for all medical expenses caused by of"bodily injury"or"property damage" accidents under Section I—Coverage C,which included in the "products-completed cannot be attributed only to ongoing operations hazard"will reduce the Products- operations at a single designated construction completed Operations Aggregate Limit, and project shown in the Schedule above not reduce the General Aggregate Limit nor 1. Any payments made under Coverage A for the Designated Construction Project General damages or under Coverage C for medical Aggregate Limit expenses shall reduce the amount D. If the applicable designated construction available under the General Aggregate project has been abandoned, delayed, or Limit or the Products-completed Operations abandoned and then restarted, or if the Aggregate Limit, whichever is applicable, authorized contracting parties deviate from and plans, blueprints, designs, specifications or 2. Such payments shall not reduce any timetables, the project will still be deemed to Designated Construction Project General be the same construction project Aggregate Limit E. The provisions of Section III—Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 2 of 2 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGE INDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 3 EXTRA EXPENSE- BROADENED COVERAGE 11 GLASS REPAIR-WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 7 LOAN / LEASE GAP (Coverage Not Available In New York) 16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTS COVERAGE 12 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS - INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 22 SECTION I -COVERED AUTOS is amended as follows: 1. TRAILERS-INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I -COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 Docusign Envelope ID 3D873DE5-F9B6-8AE3-82E7-B832D1DD8CE8 SECTION II -LIABILITY COVERAGE Is amended as follows 2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.1. - Who Is An Insured is amended to Include the following as an "Insured" d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period Coverage is afforded only for 90 days from the date of acquisition or formation However, "insured" does not include any organization that (1) Is a partnership or joint venture, or (2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy, or (3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured" e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you Insurance provided by this endorsement is excess over any other insurance available to any "employee" f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment Insurance provided by this endorsement is excess over any other insurance available to the "employee" 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured" g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured" However, such person or organization is an "insured" (1) Only with respect to the operation, maintenance or use of a covered "auto", (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you, and (3) Only for the duration of that contract, agreement or permit The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance 5. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover We do not have to furnish these bonds (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc,with its Permission Page 2 of 7 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 6. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 7. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVVV) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVVV) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 Docusign Envelope ID 3D873DE5-F9B6-8AE3-82E7-B832D1DD8CE8 9. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, Is amended to provide a limit of $50 per day and a maximum limit of $1,500 10. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto " b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto" This limit is excess over any other collectible insurance d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage g. The insurance provided under this extension is excess over any other collectible insurance If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.B. 11. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you The maximum amount we will pay is $1,000 12. PERSONAL EFFECTS COVERAGE A. SECTION III -PHYSICAL DAMAGE COVERAGE,A. Coverage, is amended by adding the following If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto" The insurance provided under this provision is excess over any other collectible insurance B. SECTION V -DEFINITIONS is amended by adding the following For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured " "Personal effects" does not include tools, equipment, jewelry, money or securi- ties 13. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III -PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty However, we agree to pay any deductible applicable to the other coverage or warranty © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc,with its Permission Page 4 of 7 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 14. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 16. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan"; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 Docusign Envelope ID 3D873DE5-F9B6-8AE3-82E7-B832D1DD8CE8 C. SECTION V -DEFINITIONS Is changed by adding the following As used in this endorsement provision, the following definitions apply "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment 17. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following No deductible applies to glass damage if the glass is repaired rather than replaced 18. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is a. In the charge of an "insured", b. Legally parked, and c. Unoccupied The "loss" must be reported to the police authorities within 24 hours of known damage The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business 19. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived, or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible, or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc,with its Permission Page 6 of 7 Docusign Envelope ID:3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insureds" name and address; and (c) The names and addresses of any injured persons and witnesses. " = 22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V -DEFINITIONS is amended as follows: 25. BODILY INJURY REDEFINED M Under SECTION V -DEFINITIONS, Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 Docusign Envelope ID 3D873DE5-F9B6-8AE3-82E7-B832D1DD8CE8 Aquatechnex LLC Endorsement Number: 5 Automatic Additional Insured — Owners, Lessees or Contractors This endorsement, effective 07/15/2025, attaches to and forms a part of Policy Number FEI-ECC-16512-12. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of$Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. ECC-319-0712 © 2018, Freberg Environmental, Inc. Page 1 of 1 Docusign Envelope ID 3D873DE5-F9B6-8AE3-82E7-B832D1DD8CE8 Aquatechnex LLC Endorsement Number: 6 Automatic Waiver of Subrogation Endorsement This endorsement, effective 07/15/2025, attaches to and forms a part of Policy Number FEI-ECG-16512-12. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the following coverage part(s): COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s)or organization(s)to whom the Named Insured agrees, in a written contract,to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. ECC-320-0712 © 2018, Freberg Environmental, Inc. Page 1 of 1 Docusign Envelope ID 3D873DE5-F9B6-8AE3-82E7-B832D1DD8CE8 Aquatechnex LLC Endorsement Number: 21 Automatic Primary and Non-Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 07/15/2025, attaches to and forms a part of Policy Number FEI-ECC-16512-12. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Coverage Part(s) indicated below: COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY PROFESSIONAL LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of an additional premium of$Applied, and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. ECC-548-0317 © 2018, Freberg Environmental, Inc. Page 1 of 1 Docusign Envelope ID 3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 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: 2/9/2026 TO: Procurement File FROM: Will Riley SUBJECT: Sole Source Determination 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 Eutrosorb G Water Quality Management Services via AquaTechnex, LLC. Reasoning (check all supporting options below and remove unnecessary items): Z 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). AquaTechnex LLC. was awarded the contract to treat Kitsap Lake and provide aquatic vegetation harvesting on May 20th, 2020 as the only responsive bidder. For the past three years they have provided excellent service at or under budget in support of the City's goals to clean up the lake and control blue-green algae blooms during peak use periods. Lake Management is a specialized service with extremely limited in state vendors able to provide this service, thus it is beneficial for the City to retain AquaTechnex LLC. for the Kitsap Lake cleanup program. Z 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. Cost/Quote support: Per quote dated 1/17/2026 at a total cost of:$596,912.20, 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 Kitsap Lake Algae Treatment, NPDES Permit Renewal, Aquatic Vegetation Harvesting, and water quality • Page 1 VENDOR NAME March 23, 2026 Rev. 09/2022 Docusign Envelope ID 3D873DE5-F9B6-8AE3-82E7-B832D1 DD8CE8 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 testing through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that sole source purchase of these goods and services is justified for this procurement. Recommended by: WillRiley Digitally Datee202603d23y09513l9y rt Will Riley, Stormwater Program Manager Approved by: Chance Digitally signed by Chance Berthiaume Berthiaume Date „ 2026 40 55-070003023 Chance Berthiaume, Director of Public Works & Utilities • Page 2 VENDOR NAME March 23, 2026 Rev. 09/2022