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PW14-066 - Original - GEI, Consultants, Inc. - Briscoe-Desimone Levee Reach 1-4 - 03/25/2014
s Records aeet ICEN'F Document WASHINGTON .'t.'... CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: GEI Consultants, Inc. Vendor Number: JD Edwards Number Contract Number: I V i $,1 06—C' This is assigned by City Clerk's Office Project Name: Briscoe-Desimone Levee Reach 1 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 3/1/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide engineeri� services for the project. S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KETIT CONSULTANT SERVICES AGREEMENT between the City of Kent and GEI Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GEI Consultants, Inc. organized under the laws of the State of California, located and doing business at 180 Grand Ave., Suite 1410, Oakland, CA 94612, Phone: (510) 350-2900/Fax: (350) 2901, Contact: Alberto Pujol (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide engineering services for the Briscoe-Desimone Levee Reach 1 Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by March 1, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Hundred Ninety Nine Thousand, One Hundred Twenty Four Dollars ($399,124.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. 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. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) VII. INDEMNIFICATION. 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 Consultant's willfully wrongful acts of negligent performance of this Agreement. The City's inspection or acceptance of any of Consultant'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 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 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work 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. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business 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 or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. 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 Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT. S * d ,. , CITY OF KENT: I ! By: A : By (slgnature)m� i` (signature) Print Name: t r 0b j00 r Priin N �: uzette Cooke Its W Its'-- -,, Mayor (title) _ f DATE:�' J DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Alberto Pujol Timothy J. LaPorte, P.E. GEI Consultants, Inc. City of Kent 180 Grand Ave., Suite 1410 220 Fourth Avenue South Oakland, CA 94612 Kent, WA 98032 (510) 350-2900 (telephone) (253) 856-5500 (telephone) (510) 350-2901 (facsimile) (253) 856-6500 (facsimile) APPRQVED AS TO FORM: Jj 7N W f, K ht LaW`D-ep en- .- l � Ga-3nscoe-Desimone Levee 5/Langhnlz CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: I dIlit? Title: Ifs 6 e" Dater EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF (LENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A October 24, 2013 G E I Mr.Ken Langholz City of Kent Public Works Department 220 Fourth Avenue South Kent,WA 98032 I Re: Proposal for Engineering Services Briscoe-Desimone Levee Setback Floodrwall Design,Reach 1 City of Kent, Washington Dear Mr. Langholz: We are pleased to submit this proposal to provide engineering services for Reach 1 of the Briscoe-Desimone Setback Floodwal) Design Project on the right bank Green River levee, The Briscoe-Desimone levee extends between the South 18e Street bridge (downstream end at River Mile 14.3)and the South 200 th Street bridge(upstream end at River Mile 17.0), Our proposed scope of work is based on our conversations and correspondence with you in August and September 2013. The proposed scope and budget for Reach I are described below. The proposed scope and budget also includes additional design effort require to complete the design for Reaches 2, 3, and 4 under our existing contract. PROJECT UNDERSTANDING The City of Kent(City)has initiated an engineering evaluation and certification process for the levees along the right bank of the Green River,with the overall objective of obtaining Federal Emergency Management Agency(FEMA) accreditation of the levee in its Flood Insurance Rate Maps(FIRMs) for the area. The City has divided the levees along the right bank into six levee reaches, and accreditation packages have already been prepared and submitted to FEMA. The Briscoo-Desimone Levee has a length of approximately 2.7 miles, of which about 1.2 i miles are within the City of Tukwila and 1,5 miles are within the City of Kent, The levee has never been accredited by FEMA. The levee protects land uses mainly consisting of large-scale industrial and commercial properties. A FEMA accreditation package for the Briscoe-Desimone Levee was prepared by GeoEngineers Inc, of Tacoma, WA. Because of the high asset value and critical nature of the facilities protected by this levee, the City retained GEI to prepare an independent evaluation and stand-alone FEMA Accreditation report. Both GeoEngineers and GET identified four reaches of the levee that should be modified to meet the minimum freeboard requirement and stability factor of safety under rapid drawdown www.geiconsultwte.cont GPI consiiltants,Inc, 180 Grnnd Avenue,Suitc 1410,Oakland,California 94612 5t0.350.2900 fax 510,350.2901 i Mr.Ken Langholz October 24, 2013 conditions. The reaches are identified as follows: • Reach 1 (Sta. 764+25 to Sta. 772+50) • Reach 2 (Sta. 815+50 to Sta. 822+00) • Reach 3 (Sta, 844+00 to Sta. 864+00) • Reach 4 (Sta. 895+00 to Sta. 897 100) Both reports recommended that levee modifications for these reaches involve installing a setback sheet pile wall along the landward toe of the existing levee. The space between the sheet pile wall and the existing embankment would be filled, and the Green River pedestrian and bike trail would be relocated on top of the fill. This approach does not address instability along the existing riverbank. Rather, it is designed to hold back the flood even after a considerable amount of soil is lost riverward of the wall due to sloughing. After significant sloughs, the riverbank would still need to be repaired to prevent future additional sloughing and instability. This approach is consistent with regional objectives of minimizing environmental impacts on the Green River and maintaining the pedestrian and bike trail as a key recreational amenity and access route. In March 2013,the City of Kent awarded a contract to GEI to design setback sheet pile floodwalls for Reaches 2, 3, and 4. At the time of this proposal, GEI and their subconsultant Shearer Design had completed design of a setback sheet pile floodwall for Reach 3 and performed preliminary design of a sheet pile setback wall for Reach 2. During the design of the Reach 2 and 3 floodwalls,the design concept for Reach 4 was changed to a setback cantilevered concrete floodwall, and at the time of this proposal,GEI and Shearer Design were designing a concrete floodwall and vehicle access ramp for Reach 4. As part of the FEVIA accreditation effort described above,the City and GEI prepared a 35% design of the setback sheet pile wall for Reach 1, and the 35%design drawings were included with the accreditation report prepared by GEI. Based on our conversations with City staff,we understand the following: • Reach 1 is located entirely within the City of Tukwila, and the City of Kent is negotiating an interlocal agreement between the cities. • The final alignment of the floodwall has not been finalized, but will be established as part of the interlocal agreement between Kent and Tukwila. We understand that the floodwall is expected to be setback at least 10 feet farther from the river than shown in the 35%design. • For the levee accreditation report, an approximately 1,000-foot-long reach of the West Valley Highway embankment was considered to be part of the levee. West Valley Highway is a state highway. It is our understanding that FEMA will not accept the highway embanlanent as part of the levee system unless the City of Kent and Washington Department of Transportation(WashDOT)reach an agreement that the 2 Mr.Ken Langholz October 24,2013 subject reach of highway embankment will be maintained as a levee. We understand that the City is working on a franchise agreement with WashDOT,but at the time of this proposal, an agreement has not been concluded. Based on our conversations with the City,we understand that the Reach 1 design will be prepared assuming that the subject reach of West Valley Highway embankment will act as a levee,and the design will include a transition from the setback sheet pile floodwall to the highway embankment possibly consisting of a short extension of the sheet pile watt into the highway embankment. SCOPE OF WORK Based on our understanding of the project objectives, we have structured the proposed scope of work into the following tasks: 1. Site Visit and Kickoff Meeting 2. Review of Existing Information 3. Supplemental Subsurface Explorations 4. Geotechnical Evaluations S. Corrosion Evaluation 6, Floodwall Structural Analyses 7. Floodwall-Levee Transition Zones 8. Ramps and Stairways Design 9. Design Memorandum 10. Floodwall Drawings 11. Specifications 12. Project Management and Coordination The task scope, deliverables, and major assumptions are summarized below. i 1. Site Visit and Kickoff Meeting--We propose to perform a one-day site visit to observe the existing conditions along the proposed floodwall alignment and to attend a project kickoff meeting with the City. The purpose of our site visit and meeting with the City includes the following activities: • Identify buildings or other structures that may be impacted by sheet pile installation vibrations. • Identify overhead utilities or other structures along the proposed sheet pile alignment that could interfere with sheet pile installation or other aspects of floodwall construction. • Identify vegetation and landscaping features that could complicate floodwall installation or other construction activities. • Review proposed vehicle access ramp location to identify potential design or construction constraints. 3 Mr.Ken Langholz October 24,2013 • Review planned locations for transition zones between levee and highway embankments and floodwall sections to identify possible design or construction constraints. • Review and identify locations and site access for additional subsurface explorations, • Meet with the City to discuss our observations, gather data from the City relevant to the project and identify additional information that inay be required to complete the design. During the kickoff meeting we also intend to: • Re-introduce key project personnel and re-establish connections between GEI and City personnel. • Review the scope in detail and confirm or refine the overall project schedule and deliverable expectations, Deliverable: Meeting minutes. 2. Review of Existing Information—Based on the results of our site visit,additional information may be required to develop the floodwall design and construction documents, such as as-built drawings for nearby buildings,utilities, and other structures or information from adjacent commercial building owners regarding equipment or processes that may be sensitive to construction vibrations or noise. As a cost saving measure,we assume that GEI will provide a list of the required information to the City and that the City will collect the information and provide it to GEI for review. We have not included scope or budget for collecting additional information or contacting building owners. We understand that the buildings along the floodwall alignment are likely to be founded on structural mat foundations and not on individual spread footings or pile foundations. Based on our previous site visits,we understand that the buildings along the alignment are in relatively good condition. We have prepared our scope and budget assuming that structural assessment of individual buildings is not required. If our site visit or review of information for individual buildings indicates that building foundation types or conditions are significantly different than anticipated,we will prepare a scope and budget for further building evaluations if required. Deliverable: List of documents reviewed and relevant findings to be included in the Design Memorandum prepared under Task 9 below. 3. Supplemental Subsurface Explorations—We will perform a supplemental subsurface exploration program to refine the characterization of the levee and foundation materials and groundwater conditions to aid in the engineering evaluations. In the preparation of our scope, we have assumed that the City will facilitate the work by performing the following activities: • Facilitate timely entry to all areas of the project for site visit and exploration purposes. Our current scope does not include establishing right-of-entry agreements or other right- of-way services. • Obtain City and/or County permits (if any are needed)for explorations. • Obtain all necessary environmental clearances (if any are needed)for the proposed exploration sites and activities. 4 Mr. Ken Lungholz October 24, 2013 Soil Borings USACE Engineering Circular(EC) 1110-2-6066,Design of7--Walls prescribes a number of closely spaced borings with an extensive laboratory testing program to provide a high level of confidence in the geotechnical parameters for design and constructability of I-walls. To date, the borings performed along the levee alignment were performed for the purposes of evaluating the existing levee embankment for accreditation. For typical sheet pite design projects,the data collected from these borings may be considered suitable for design, but the sampling and laboratory testing performed for accreditation do not meet the minimum requirements established by USACE specifically for I-wall design. Given the prescribed boring depths and the extensive laboratory testing requirements in the EC,the borings performed to date would be used primarily for defining the soil stratigraphy, and additional borings are required to collect the minimum data required specifically for I-wall design. The spacing and depth requirements are provided in Table 5-1 (Chapter 5)of the EC. To satisfy the boring spacing requirements in Table 5-1, we propose a maximum spacing between the new borings of 500 feet or less, and we propose locating the new borings so that the average spacing between all borings, including the previously drilled borings, is about 300 feet or less. As result,we propose drilling three borings to satisfy the spacing requirements. This task will begin with the preparation of a Field Exploration Work Plan which will outline exploration locations, depths,types of samples,methods for geotechnical test borings, and laboratory index testing of collected soil samples, A draft work plan will be issued to the City for review. Review comments will be incorporated into a final work plan. We assume we will drill up to three conventional borings at depths up to 70 feet to supplement the existing information. We have assumed that drill cuttings can be dispersed over the ground next to the drill hole and raked in with the surficial soil. Off-site disposal of cuttings is not included. We will transport soil samples to a laboratory for testing on selected samples. i We anticipate that one of our test borings will be on or adjacent to West Valley Highway. Additional coordination with WSDOT may be required to obtain permission to perform the boring. Also, the work may require additional traffic control and or a lane closure. We assume the City will provide coordination and permits with WSDOT and the City of Tukwila as necessary to perform the boring. Our subcontract driller will provide traffic control. The number, depths, and technique for the borings may change based on observations made during our site visit and in the course of the drilling program. Laboratory Testing fmd In-situ Testing Table 5-2 of the EC includes mandatory requirements for soil strength, consolidation, permeability, and index testing. Our proposed program will comply with the laboratory testing requirements in the EC except for the requirement for laboratory permeability testing of granular soils. In our opinion, in-situ permeability testing using borehole permeability testing is more appropriate for determining the soil permeability for design in the variable alluvial deposits that exist along the floodwall alignment. Laboratory permeability testing only represents the permeability of the discrete sample collected and may not be representative of the soil layer being considered for design. In-situ testing of granular materials is supported by 5 I Mr.Ken Langholz October 24, 2013 the text in Chapter 5 of the EC. The EC acknowledges that"because of the difficulty in obtaining undisturbed samples of coarse-grained soils"permeability is difficult to accurately determine in the laboratory and states"in situ tests such as pump tests or lag tests can give more accurate estimates of the permeability of granular soils." The number and type of required laboratory tests to be performed varies depending on the type and thickness of soil layers encountered in each boring. For budgeting proposes, we assumed the following laboratory tests will be performed on samples collected from each boring: I • Two consolidated iwdrained (CU)triaxial tests • Two unconsolidated undraincd(UU)triaxial tests. • Four specific gravity tests. • Four Atterberg limits. • Two consolidation tests. • Four sieve analyses. In addition,we assumed that the laboratory permeability tests would be replaced with two borehole permeability tests or slug tests per boring. Geotechnical Data Report Addendum Upon completion of the subsurface explorations and laboratory testing, we will prepare a memorandum summarizing the data collected during the subsurface investigation program. The memorandum will be prepared as an addendum to the Geotechnical Data Report previously prepared by GEI in support of the levee accreditation. Information in this memorandum will include: • Updated geotechnical exploration location plans and profiles, • Newboringlogs • Field testing results, and • Laboratory testing results. Deliverables: Field Exploration Work Plan Geotechnical Data Report Addendum 4. Geotechnical Evaluations—We will perform the following geotechnical evaluations: • Global stability, seepage, and settlement analyses on up to two cross sections at the proposed floodwall location. • Global stability and settlement analyses on one cross section for a vehicle access ramp to be constructed landward of the floodwall. Our evaluation will include the use of tiebacks or deadman and anchors if necessary to provide additional lateral support to the proposed wall. • Sheet pile embedment analyses using soil-structure interaction models on up to three cross sections to refine the sheet pile embedment depths from the 35%design. The sheet pile analyses will be performed using the commercial software program 6 I� Mr.Ken Langholz October 24,2013 WAL LAP by GeoSolve. The analyses will be used to estimate the required sheet pile embedment and stiffness for stability. • Floodwall deflections at the cross-sections evaluated to estimate the required embedment. • Pile drivability evaluation using published correlations with SPT N-values to determine the minimum stiffness needed for sheet pile installation. In addition we will contact a sheet pile contractor to assess the sheet pile drivability. We will prepare documentation that will explain our methodology,document selection of geotechnical parameters, document calculations performed, and summarize the results of our evaluations. Deliverable: The documentation for this task will be part of the overall Design Memorandum prepared under Task 9. 5. Corrosivity Evaluation—Based on conversations with the City, observations of soil conditions in the borings performed for FEMA Accreditation, and corrosivity evaluation performed for Reaches 2 and 3,we understand the soils and groundwater at the site are not likely to be highly corrosive. However,we understand the City of Kent is looking for a minimum design life of 75 years but prefers a design life of 100 years. We propose to retain a corrosion expert to perform tests on soils samples collected during our drilling program, estimate corrosion rates, and provide corrosion protection design recommendations for the floodwall structure to achieve the minimum design life. We anticipate corrosivity testing will consist of: • Resistivity(ASTM G 57) • pH(ASTM G 51) • Sulfates (ASTM D 516) • Chlorides (ASTM D 512) Based on our corrosion evaluation at Reaches 2 and 3,we anticipate that corrosion protection for the sheet piles will likely consist of sacrificial steel added to the sheet pile cross section. Prior to final design, we will provide our corrosion protection recommendations to the City for review and approval. Deliverables: Corrosion Evaluation and Recommendations Memorandum 6. Floodwall Structural Analyses—We propose to perform structural analysis and design for the following structural floodwall elements: • Sheet Pile: We will confirm or refine the overall floodwall dimensions (beginning and end stations, and bottom and top elevations). We will estimate the sheet pile size required to resist the estimated loads from our geotechnical analyses, and if required,we will select and evaluate appropriate corner and transition pieces. • Sheet Pile Cap Beam: We understand that the cap beam detail used for Reaches 2 and 3 will be used for Reach 1. We will evaluate the Reach 2/3 cap beam design 7 Mr.Ken Langholz October 24,2013 for the estimated loading from our Reach 1 geotechnical analyses to confirm that the cap beam has adequate reinforcing to resist the [leach 1 loading. If required, we will add reinforcing to the Reach 2/3 cap beam design for use in Reach 1. • Sheet Pile Wall Concrete Facing: We understand that the concrete facing detail used for Reaches 2 and 3 will be used for Reach 1. We will evaluate the Reach 2/3 facing design for the estimated loading from our Reach 1 geotechnical analyses to confirm that the facing has adequate reinforcing to resist the Reach I loading. If required, we will add reinforcing to the Reach 2/3 facing design for use in Reach 1. • Railines: We understand that the railing design for Reaches 2 and 3 will be reused for Reach 1, and no additional evaluation of the railing is included in our proposal. • Water Storrs and Construction Joints: We understand that the water stop and construction joint details used for Reaches 2 and 3 will be used for Reach 1. We will provide locations for water stops and construction joints as required in the sheet pile cap and the wall facing. Deliverable: The results of the structural evaluations will be documented in the Design Memorandum prepared under Task 9 below. 7. Sheet Pile Wall—Levee Embankment Transition Zones—We assume that the sheet piles at the downstream end of Reach 1 terminate within the highway embankment and the highway embankment is protected from erosion by the highway paving. We will evaluate erosion potential at the transition area between the setback floodwall and the upstream levee embankment section assuming the levee embankment is overtopped, and we will design erosion protection for the levee embankment as required. We assume that erosion protection will consist of either buried riprap or vegetated articulated concrete blocks. Prior to final design, we will provide our recommended erosion protection option to the City for review and approval. Deliverable: The results of the transition zone evaluations will be documented in the Design Memorandum prepared under Task 9 below. 8. Ramps and Stairway Design—We understand that the City plans to construct a vehicle access ramp near West Valley Highway near the current vehicle access point and one pedestrian stairway near Sta. 769+20. We understand the top of the vehicle access ramp will be at the 100-year flood elevation plus 3 feet similar to the vehicle'aecess ramp designed for Reach 3. As such,we anticipate that little or no grade change will be required to construct the access ramp, but a closure structure will be required at the ramp to raise the level of protection to the 500-year plus 3 foot level. We prepared our proposal assuming that at the access ramp the sheet pile floodwall will need to be tied back using ground anchors, similar to the ramp design for Reach 3, and we have included the costs for designing an anchor system in our proposal. We have assumed that the - vehicle access ramp will require a closure structure similar to the closure structure designed for Reach 3, and we have included costs for the design of the closure structure in our proposal 8 Mr.Ken Langholz October 24, 2013 We assume that the pedestrian stairway will be constructed with reinforced concrete and will not significantly load the floodwall, We assume that pedestrian stairway will be design similar the stairway designed for Reach 3. For our proposal we have assumed that the City will prepare the geometric design and drawings for the access ramp, with GEI and our subconsultant Shearer Design providing structural details for the ramp, closure structure, and stairway. The scope and budget from Shearer Design are attached. Deliverable: The access ramp, closure structure and stairway design will be documented in the Design Memorandum prepared under Task 9 below. 9. Design Memorandum—We will prepare a design memorandum providing a brief overview of the floodwall design and documenting our design criteria, assumptions and decisions. The design memorandum will be initially issued with the 60% design submittal to present the floodwall design criteria(water surface elevations, scour assumptions, loading cases,methods of analysis and required safety factors, soil profiles and engineering properties for analysis, etc.). Our design calculations will be included as attachments to the 90%design submittal. Comments will be incorporated into our Issued-fox-Approval submission. Deliverables; 60%Design Memorandum; 90%Design Memorandum; Issued-for-Approval Design Memorandum. 10. Floodwall Drawings —Similar to Reaches 2,3, and 4,we understand that the City will use its design and CAD resources to develop layouts,profiles and cross-sections and perform a portion of the drafting. We propose that GEI prepare drawings showing design details and that the City prepares title sheets,note sheets,plan and elevation drawings, geometric arrangement drawings, and other drawings as required. GEI will work with the City to provide input to the City's drawings. We propose that drawings prepared by GEI include: • Sheet Piling-Typical Sections&Details • Concrete Cap-Typical Sections &Details • Concrete Facing-Typical Sections&Details • Joint&Waterstop Details • Tiebacks and Wales—Typical Sections and Details, and Other Structural Steel Details for Setback Floodwall • Closure Structure Details • Transition Erosion Protection-Typical Sections &Details A portion of the project will be constructed adjacent to West Valley Highway. This will limit available work areas and require additional planning,sequencing and coordination. We will assist the City's coordination efforts by evaluating the potential construction techniques and sequencing as necessary. Deliverable: 60%Design Drawings; 90%Design Drawings;Issued-fox-Approval Design Drawings. 9 i Mr. Ken Langholz October 24,2013 11, Specifications—We understand that the City intends to base the project specifications on the Washington State Department of Transportation(WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction. We anticipate that the Special Provisions will be similar to the Special Provisions prepared for Reaches 2 and 3. We propose to review the Special Provisions for Reaches 2 and 3 and propose modifications related to the floodwall, ramp, and closure structure construction and to building protection if needed for Reach 1. We will review Special Provisions related to: • Preconstruction and post-construction building surveys • Steel sheet piling • Pile driving equipment • Construction induced vibrations and monitoring • Building settlement monitoring • Structural concrete and concrete for wall facing • Structural steel • Closure structure construction We will also provide input to other Special Provisions prepared by the City as necessary. Deliverable: Proposed modifications to 90%and Issued-for-Approval Special Provisions. 12. Reach 3 and 4 Design Modifications—This task encompasses scope modifications undertaken under the City's direction on our existing contract for Reaches 2, 3,and 4 that could not be completely accommodated under the approved budget authorization. Changes in scope from our original contract include: • Reach 3 Design Modifications. The Reach 3 design evolved firm providing a simple ADA access ramp at the parking lot access point to providing a larger parking lot and vehicle access ramp. Design changes included designing a reinforced concrete wall, deadman and wall anchorage system to support the increased loading, and flood closure structure. The design was further refined in August 2013 to provide an additional closure wall associated with the trailhead modifications required by the City's parks department. • Reach 4 Design Modifications. Our original contract assumed Reach 4 would be constructed by using a shout pile wall similar to those designed for Reaches 2 and 3. As the project progressed the design has evolved to include two independent reinforced concrete retaining walls and flood closure structure which require additional design and details. • Extended project duration. Our original contract assumed Reach 3 would be finalized in July 2013 with Reaches 2 and 4 being finalized in September 2013. The project duration has been extended for several months due to extended negotiations with the county,permitting, and right-of-way considerations, Reaches 2 and 3 are anticipated to be bid in November. Bid date for Reach 4 has not yet been finalized. The extended duration has entailed additional rounds of review and revisions to the design drawings and increased project management effort. 10 Mr. Ken Langholz October 24,2013 13. Proiect Management and Coordination -Project management and coordination are essential to ensure the successful preparation of the Reach I floodwall design. Successful implementation will require effective oral and written communications and coordination. The project management task will include the following activities: • Coordination of project activities with City staff • Management and supervision of the engineering team • Management, coordination, and evaluation of subconsultant services • Project progress and coordination meetings • Documentation of key meetings • Meetings and reviews with Ding County if appropriate • Preparation of monthly summaries of current financial information and schedule We expect that several meetings will be required during design development to discuss and address City and County comments on design. We have budgeted two face-to-face meetings after the initial kick off meeting, and we have budgeted weekly conference cal Is. Management of Quality Control (QC) activities will also be included in this task; including the review, coordination and checking of work products at each step of their development. Work products include the key deliverables and support documentation, such as work plans,technical memoranda, drawings, and special provisions. Our QC team will review technical approaches and verify that deliverables and supporting documents prepared for the City are complete, conform to standards, and meet or exceed the expectations of the City and GEI's management. The project manager will be responsible for the assurance that our QC procedures are being implemented. Deliverables: Monthly progress reports ASSUMPTIONS We made the following assumptions in preparing the scope and cost estimate: 1. Design Submittals -We assume that design of the floodwall will include three design submittals which will include:, • 60%Design • 90%Design • Issue for Approval We assume that the City and King County will review the drawings, specifications, and design memorandum developed at each phase of design. As a result of these reviews, we assume that one round of comments will be provided to us from the City and from the County at each phase of design, and we will provide formal responses as required to address these comments. 2. Topographic information to be provided by the City-For preparation of the design, accurate topographic information will be necessary for the existing levee and adjacent land surfaces (river bank and land east of the levee).We understand that survey data will be 11 Mr. Ken Lang holz October 24, 2013 provided to us by the City, Accordingly, our scope does not include mapping and survey services. We anticipate the following information will be used in the design and will be provided by the City in a timely manner: • "Ibpographic map with 1-foot contours of the Green River channel,levee and ground surface in the area behind the levee. • Representative cross-sections showing river channel(including below water bathymetry),river bank,levee, and land surface landside of the levee to a distance of at least 100 feet beyond the landside levee toe. • Selected additional cross-sections as needed to identify critical(steepest) slopes of river bank and levee. • Surveyed levee crest elevations at a spacing of 100 feet or closer. • As-drilled locations of all subsurface explorations completed by GET. 3. Hydrologic and Hydraulic(H&H)Information to Be Provided by the City -Preparation of the design will require confirmation or updating of information on water surface profiles, velocities, scour depths, and appropriate bank protection for the floodwall reaches: • Green River water surface profiles for final design (to include 100-year, 500- year,and mean water profiles). • General,local,and bend scour evaluation-thalweg profiles and cross-sections over time including recent bathymetrie data, stability of thalweg location and channel shape, calculation of estimated bend scour depths at approach and exit sections, and scour recommendations. • Distribution of water velocities along the right bank for use in design. We assume the City will work with NJ C to assemble available data and provide it to us. Our scope does not include H&H services. We assume our review will be limited to documents provided to us by the City. 4. Right of Way Support-In the preparation of our scope,we have assumed that the City will facilitate the field work and our evaluation of adjacent structures by performing the, following activities: • Facilitating timely entry to all areas of the project for site visit and exploration purposes. Our current scope does not include right-of-way services. • Obtaining City and/or County permits for explorations. • Obtaining all necessary environmental clearances (if any are needed)for the proposed exploration sites and activities. • Coordinating with owners of adjacent structures and obtaining as-built drawings and other building and foundation information needed for the design. 5. Existing Buildings and Improvements-We assume that the City will collect any required information such as drawings, details,documentation of existing buildings and improvements for our review. We assume that structural assessment of individual buildings is not required. C I 6. Interior Drainage-We have assumed that installation of the floodwalls will not significantly impact the interior drainage conditions landward of the levee. Our scope and budget do not include interior drainage evaluations. 12 Mr. Ken LanghoIz October 24,2013 7. Corrosion Potential -We have assumed that the soil and groundwater conditions at the locations of the proposed floodwalls are not aggressively corrosive. A nominal evaluation of these conditions is proposed, 8. Ramp - We have assumed that the City will prepare the geometric design, drawings and basic special provisions for the access ramp,with GEl providing foundation recommendations, structural details, and special provisions as required. 9. For cost estimating purposes,the project schedule assumes a duration of approximately eight months for this project. COST ESTIMATE We will perform the above scope of services on a time and materials basis based on the terns of our current agreement with the City of Kent for the Briscoe-Desimone levee, Based on the information known to us,we estimate that the cost of performing the services outlined above will be approximately$399,124. A breakdown of the estimated costs is included in the attached table. Invoices will be submitted monthly based on the services performed as of the end of each billing period. Payment will be due within 45 days per the terms of the City of Kent agreement as negotiated by the City of Kent and GEI Consultants. This estimate does not include any contingency.We understand that additional budget to address changes and unforeseen complications that require additional effort would be added by contract modification subject to our presentation of written justification. SCHEDULE We are prepared to begin work upon receiving a Notice to Proceed (NFP), Based on the approach outlined above and assuming a NPP in early January 2014, we anticipate completing the scope described above within the following schedule: Task Anticipated Schedule,Reach 1 Project Kickoff Meeting and Site Visit January 2014 Subsurface Explorations February -March Engineering Evaluations March-April 60%Design Submission Aril 90%Design Submission June Issued-for-Approval Submission August Project Management I January -August Note: Design submissions assume a 30-day review period by the City,Flood Control District,and other review agencies. C We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please call me at 510-350-2908 or Jim Nickerson at 781-721-4023 with questions. 13 i Mlr.Ken Langholz October 24,2013 Sincerely, GEI CONSULTANTS, 1NC. Alberto Pujol,P.E. Vice President,Project Manager Attachments: Cost Estimate Shearer Design Letter of Scope i 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ------------------ _ : : 1 » = ) j\) s - - , _: { \ »; b9\ oe aG9; /»/a; \55Q _ » ` ul 0 - ) \{ // § 5 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scrape of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85, The City, King County and the King County Flood Control District shall be named as an Additional Insureds under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City, the District and the County. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. + 4. Professional Liability (Errors & Omissions) insurance appropriate to the Consultant's profession. EXHIBIT B (Continued) 6 Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $5,000,000 per occurrence and in the aggregate for each I year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of at least $2,000,000 per accident. 3. Professional Liability (Errors & Omissions) insurance shall be written with limits no less than $5,000,000 per claim and $5,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent, King County Flood District and King County shall be named as an additional insureds on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also 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. EXHIBIT B (Continued) D� Contractar's Insurance for OAher Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. GEICONS-01 KPAWLOWSKI TE CERTIFICATE F LIABILITY INSURANCE !311 N1201YVY) 1132014 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 be endorsed. If SUBROGATION IS WAIVED,subjectto the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ames&Gough PHONE 617 328-6555 FAx 859 Willard Street .lac rvo Fxt:( ) Nc No: (617)328-6888 Suite 320 ADDRIESS: Quincy,MA 02169 INSURERS)AFFORDING COVERAGE NAIC# INSURER A:National Fire Insurance Company of Hartford A(XV) 20478 INSURED INSURER g:Charter Oak Fire Insurance Company A+(XV) 25615 GEI Consultants,Inc. INSURER c:Transportation Insurance Company.A(XV) 20494 180 Grand Ave INSURER D:Valley Forge Ins urance Company A(XV) 20508 Oakland, CA 94612 INSURERE:AIG S_pecialty Insurance Company A(XV) 26883 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUEDTOTHE INSURED NAMEDABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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, LT R TYPE OF INSURANCE AINSIR DOL S D POLICY POLICY NUMBER MMIDOIYEFF YYY MMfUDTYYXVI' LIMITS R GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X 4034941519 05/01/2013 05/01/2014 PREMIISE�a o..nusma 300,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY �!$ 1,000,00C GENERAL AGGREGATE �$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-CONIPlOP AGO $ 2,000,00 POLICY FX JECT PRO- , X LOG $ AUTOMOBILE LIABILITY $ COMBINED SINGLE LIMIT 1,000,000 Ea a-citlent B JX ANY AUTO X X 810.1D708633 05101/2013 0510112014-. BODILY INJURY(Per person) $ ALL OWNED ! SCHEDULED BODILY INJURY(Peracadenl) $ AUTOS (AUTOS NON-CWNED PROPERTY DAMAGE $ HIRED AUTOS X AUTOS PER ACCIDENT 8 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,00 C EXCESS LIAR CLAIMS-MADE X X 4034941567 05/0112013 05/0112014 AGGREGATE $ 4,000,00 DED I X I RETENTIONS 0 $ WORKERS COMPENSATION X DID STATU, CTH- AND EMPLOYERS'LIABILITY TORY LIMII'S ER D ANY PROPRIETOR/PARTNER/EXECUTNE YIN NIA X 4034941410 05101/2013 /5101/2014 E.L.EACH ACCIDENT S 1,000,00 OFFICER/MEMBER EXCLUDED? - (MandatorylnNH) E.L..DISEASE-EAEMPLOYEE S 1,000,00 If yes,describe under DE SCRIPTION OF OPERATIONS bonoI E.L.DISEASE-POLICY LIMIT S 1,000,000 E Prof.Liability 17788026 05101/2/113 1510112014 Per Claim 5,000,00 E &Pollution Liab. 17788026 05/01/2013 05/01/2014 Aggregate 5,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project:Kent Briscoe-Desimone Levee Reach 1,City of Kent The City of Kent,King County and the King County Flood Control District are named as Additional Insured on a primary and non-contributory basis with respect to general liability for ongoing and completed operations,auto,and umbrella liability as required by written contract,for liability arising out of the operations of the named insured while performing work for the City,the District,and the County.General Liability policy includes severability of interest/ cross liability provisions.Umbrella policy sits in excess of the general liability,auto and employer's liability.All policies include a waiver of subrogation in SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Mr.Ken Langholz 20 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:GEICONS-01 KPAWLOWSKI LOC#: 1 AC ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Ames &Gough GEI Consultants,Inc. 180 Grand Ave POLICY NUMBER Oakland,CA 94612 '.. SEE PAGE 1 _ CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: favor of The City of Kent, King County and the King County Flood Control District.30-day notice of cancellation will he issued in accordance with policy terms and conditions. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD G-140331-C GEI Consultants, Inc . (Ed. 10110) CNA Package Policy #g034941519 , EFF. 5/1/13-5/l/14 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURE® - GUNNERS, LESSEES OR CONTRACTORS ORS WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract"per Paragraph A. below.) Locations of Covered Operations (As per the"written contract," provided the location is within the"coverage territory"of this Coverage Part.) A. Section II - Who Is An Insured is amended to 2. We will not provide the additional insured any include as an additional insured: broader coverage or any higher limit of 1. Any person or organization whom you are insurance than the least that is: required by "written contract" to add as an a. Required by the"written contract"; additional insured on this Coverage Part; and b. Described in 13.1. above; or 2. The particular person or organization, if any, c. Afforded to you under this policy. scheduled above. B. The insurance provided to the additional insured is 3. This insurance is excess of all other insurance limited as follows: available to the additional insured whether on a primary, excess, contingent or any other basis. 1. The person or organization is an additional But if required by the "written contract," this insured only with respect to liability for "bodily insurance will be primary and non-contributory injury," "property damage," or "personal and relative to insurance on which the additional advertising injury"caused in whole or in part by: insured is a Named Insured. a. Your acts or omissions, or 4. The insurance provided to the additional insured b. The acts or omissions of those acting on does not apply to "bodily injury," "property our behalf damage,' or personal and advertising injury y arising out of: in the performance of your ongoing operations a. The rendering of, or the failure to render, specified in the"written contract'; or any professional architectural, engineering, c. "Your work" that is specified in the "written or surveying services, including: contract" but only for "bodily injury" or (1) The preparing, approving, or failing to "property damage" included in the prepare or approve maps, shop "products-completed operations hazard," drawings, opinions, reports, surveys, and only if: field orders, change orders or drawings (1) The "written contract" requires you to and specifications; and provide the additional insured such (2) Supervisory, inspection, architectural or coverage; and engineering activities; or (2) This Coverage Part provides such coverage. G-140331-C Includes copyrighted material of Insurance Services Office, Inc.,with Its permission Page 1 of 2 (Ed. 10/10) G-140331-C CNA (Ed. 10/10) b. Any premises or work for which the We have no duty to defend or indemnify an additional insured is specifically listed as an additional insured under this endorsement until additional insured on another endorsement we receive from the additional insured written attached to this Coverage Part. notice of a claim or"suit." C. SECTION IV — COMMERCIAL GENERAL 2. With respect only to the insurance provided by LIABILITY CONDITIONS is amended as follows: this endorsement, the first sentence of 1. The Duties In The Event of Occurrence, Paragraph 4.a. of the Other Insurance Condition Offense, Claim or Suit condition is amended to is deleted and replaced with the following: add the following additional conditions 4. Other Insurance applicable to the additional insured: a. Primary Insurance An additional insured under this endorsement This insurance is primary and non- will as soon as practicable: contributory except when rendered (1) Give us written notice of an "occurrence" or excess by endorsement G-140331-C, an offense which may result in a claim or or when Paragraph b. below applies. "suit" under this insurance, and of any claim D. Only for the purpose of the insurance provided by or"suit"that does result; this endorsement, SECTION V — DEFINITIONS is (2) Except as provided in Paragraph B.3 of this amended to add the following definition: endorsement, agree to make available any "Written contract" means a written contract or other insurance the additional insured has written agreement that requires you to make a for a loss we cover under this Coverage person or organization an additional insured on this Part; Coverage Part, provided the contract or agreement: (3) Send us copies of all legal papers received, 1. Is currently in effect or becomes effective during and otherwise cooperate with us in the the term of this policy; and investigation, defense, or settlement of the claim or"suit"; and 2. Was executed prior to: (4) Tender the defense and indemnity of any a. The"bodily injury"or"property damage"; or claim or "suit" to any other insurer or self b The offense that caused the "personal and insurer whose policy or program applies to a loss we cover under this Coverage Part. advertising injury" But if the "written contract" requires this for which the additional insured seeks coverage insurance to be primary and non- under this Coverage Part. contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. G-140331-C Includes copyrighted material of Insurance Services Office, Inc.,with its permission Page 2 of 2 (Ed. 10/10) GEI Consultants, Inc . Policy # 810-1D708633 Effective 5/01/13-5/01/14 COMMERCIAL AUTO THIS EI OORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BUSINESS AUTO EXTENSION R T This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE--This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties,and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS " PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1.,Who Is "property damage" occurs and that is in effect An Insured, of SECTION II — LIABILITY COV- during the policy period, be named as an i- tional insured is an "insured" for Liability Caddover- ERAGE: age, but only for damages to which this Insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganizalion qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. 11, Coverage under this provision Is afforded only un- C. EMPLOYEE HIRED AUTO til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: An "employee" of yours is an "insured" while The following is added to Paragraph c. in A.1., operating an "auto" hired or rented under a Who Is An Insured, of SECTION tl — LIABILITY contract or agreement In that "employee's" COVERAGE: name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 02010 The Travelers indomnity Company. Page 1 of 4 Includes copyrfgtrted material of Insurance Services Office,Inc.vAth its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in 6.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent or borrow from ered "autos"you own: any of your "employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, liability company) or members of their house- rent or borrow.,and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. auto" that is leased, hired, (i) You must arrange t defend the "in- However, any° sured" against, and investigate or set- rented or borrowed with a driver Is not a tle any such claim or "suit" and keep covered "auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1., Who Is (if) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any "employee" of yours is an "insured"while us- (iii)We may, at our discretion, participate Ing a covered "auto"you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit". LIMITS (Iv)We will reimburse the "Insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION II—LIABILITY COVERAGE: pay as damages because of "bodily njury" or"property damage" to which (2) Up to $3,000 for cost of ball bonds (in- this Insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but lions) required because of an "accident' only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds, TION II—LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION 11—LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your Investiga- "insured" at our request, including actual ton of such claims and your defense loss of earnings up to $$500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included Para- F. HIRED AUTO — LIMITED WORLDWIDE COV- within the limit described in ERAGE—INDEMNITY BASIS graph C., Limit Of Insurancee,, f o of SECTION It — LIABILITY COVER- The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 02010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyOghlsd material or Insurance Services Office,Inc.wllh its permission. COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph AA., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III - PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter- Personal Effects diodes and possessions, Puerto Rico and Canada. We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory Insurance in any such coun- (1) Owned by an"insured"; and try up to the minimum limits required by (2) In or on your covered"auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory Insurance requirements will theft of your covered"auto". not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you compiled with the compulsory in- K. AIRBAGS surance requirements, The following is added to Paragraph B.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION III - PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- more airbags In a covered "auto"you own that in- ado. We assume no responsibility for the flate due to a cause other than a cause of "loss" for compliance in any wayy with the laws furnishing of certificates insurance, or set forth in Paragraphs A.1.b. and A.1,c., but of other countries relating to insurance. only: G. WAIVER OF DEDUCTIBLE-GLASS a. If that"auto" is a covered "auto" for Compre- hensive Coverage under this policy; The following is added to Paragraph D., Deducti- b. The airbags are not covered under any war- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: ranty;and No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage If the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced, one"loss". H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE-INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a„ of graph AA.b., Loss Of Use Expenses, of SEC- SECTION IV-BUSINESS AUTO CONDITIONS; TION III-PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or "IOSe" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or "lass" is known $750 for any one"accident", to: 1. PHYSICAL DAMAGE - TRANSPORTATION (a) You (if you are an individual); EXPENSES-INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence In Para- (c) A member (if you are a limited liability com- graph A,4.a., Transportation Expenses, Of pany); SECTION III - PHYSICAL DAMAGE COVER- (d) An executive officer, director or insurance AGE: manager(if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization); or $1,600 for temporary transportation expense in- (a) Any"employee"authorized by you to give no- curred by you because of the total theft of a cov- tice of the"accdent'or"loss". ered "auto"of the private passenger type. CA T3 53 03 10 0200 Thu Travelers Indemnity Company, Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.S., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con. 5. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident" ever this provision does not affect our right to col- or"loss", provided that the"accident' or"loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. Page 4 of 4 ©2010 The Travelers Indemnily Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office,Inc.vnlh its permission. GEI Consultants, Inc . Policy # 4034941567 G-15057-C CNA Eff .. 5/O1/13-5/01/14 (Ed. 06105) COMMERCIAL UMBRELLA PLUS COVERAGE PART Various provisions in this policy restrict coverage. Read termination of this policy period; and (b) no the entire policy carefully to determine rights, duties and "authorized insured"first knows of this "bodily what is and is not covered. injury" or "property damage" until after the termination of this policy period, then such Throughout this policy the words "you" and "your" refer to first knowledge will be deemed to be during the Named Insured identified under SECTION II —WHO IS this policy period. AN INSURED of this policy. b. "Bodily injury" or "property damage" which occurs The word "insured" means any person or organization during the policy period and was not, prior to the qualifying as such under SECTION II — WHO IS AN policy period, known to have occurred by any INSURED. "authorized insured" includes any continuation, The words "we," "us" and "our" refer to the Company change or resumption of that "bodily injury" or providing this insurance. "property damage" after the end of the policy period. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V — c. "Bodily injury" or"property damage"will be deemed DEFINITIONS. to have been known to have occurred at the earliest time when any"authorized insured": SECTION I—COVERAGES 1) Reports all, or an art, of the "bodily injury" ( P Y P or 1. Insuring Agreement "property damage"to us or any other insurer; We will pay on behalf of the insured those sums in (2) Receives a written or verbal demand, claim or excess of "scheduled underlying insurance," "suit" for damages because of the "bodily "unscheduled underlying insurance" or the "retained injury"or"property damage"; or limit" that the insured becomes legally obligated to pay as "ultimate net loss" because of "bodily injury," (3) Becomes aware by any other means that "property damage" or "personal and advertising injury" "bodily injury" or "property damage" has to which this insurance applies. occurred or has begun to occur. a. This insurance applies to "bodily injury" and d. This insurance applies to "personal and advertising "property damage"only if: injury" caused by an "incident" committed anywhere in the world during the policy period. (1) The "bodily injury" or "property damage" is f we are prevented by law, statute or otherwise from caused by an incident" anywhere in the paying on behalf of the insured, then we will indemnify world; the insured for those sums that the insured is legally (2) The "bodily injury" or "property damage" obligated to pay as "ultimate net loss" because of occurs during the policy period; and "bodily injury," "property damage" or "personal and 3 With respect to "bodily injury" or "property advertising injury"to which this insurance applies. O P Y 1 y damage" that continues, changes or resumes 2. Exclusions so as to occur during more than one policy period, both of the following conditions are This Insurance does not apply to: met: a. Expected or Intended Injury (i) Prior to the policy period, no "authorized "Bodily injury" or "property damage" expected or insured" knew that the "bodily injury" or intended from the standpoint of the insured. This "property damage" had occurred, in whole exclusion does not apply to "bodily injury" or in part; and resulting from the use of reasonable force to (ii) During the policy period, an "authorized protect persons or property. This exclusion does insured" first knew that the "bodily injury" not apply to Employers Liability claims for "bodily or "property damage" had occurred, in injury" covered by "scheduled underlying whole or in part. insurance." For purposes of this Paragraph (1) a.(3) only, b. Contractual Liability if(a) "bodily injury" or"property damage"that "Bodily injury," "property damage" or "personal occurs during this policy period does not and advertising injury" for which the insured is continue, change or resume after the obligated to pay damages by reason of the G-15057-C Page 1 of 17 (Ed. 06/05) G-15057-C (Ed. 06/05) assumption of liability in a contract or agreement. However, this exclusion does not apply to This exclusion does not apply to liability for paragraphs 10. a., b. and c. of "personal and "ultimate net loss": advertising injury" under SECTION V — (1) That the insured would have in the absence of DEFINITIONS; the contract or agreement; or For the purposes of this exclusion, the placing (2) Because of "bodily injury" or "property of frames, borders or links, or advertising, for you or it others anywhere on the Internet, is not damage" assumed in a contract or agreement by it that is an "insured contract," provided the self, considered the business of advertising, broadcasting, publishing or "bodily injury" or "property damage" occurs subsequent to the execution of the contract or telecasting. agreement. (10) Arising out of an electronic chatroom or G. "Personal and advertising injury" Exclusions bulletin board the insured hosts, owns, or aver which the insured exercises control; or "Personal and advertising injury": (11) Arising out of the unauthorized use of (1) Caused by or at the direction of the insured another's name or product in your e-mail with the knowledge that the act would violate address, domain name or metatag, or any the rights of another and would inflict other similar tactics to mislead another's "personal and advertising injury"; potential customers. (2) Arising out of oral or written publication of d. Workers'Compensation and Similar Laws material, if done by or at the direction of the Any obligation of the insured under a: insured with knowledge of its falsity; (3) Arising out of oral or written publication of (1) Workers' compensation; material whose first publication took place (2) Disability benefits; or before the beginning of the policy period; (3) Unemployment compensation (4) Arising out of a criminal act committed by or at law or any similar law. the direction of the insured; (5) Arising out of a breach of contract, except an e. Employers Liability implied contract to use another's advertising "Bodily injury"to: idea in your"advertisement'; (1) An employee of the insured arising out of and (6) Arising out of the failure of goods, products or in the course of: services to conform with any statement of quality or performance made in your (a) Employment by the insured; or "advertisement"; (b) Performing duties related to the conduct (7) Arising out of the wrong description of the of the insured's business; or price of goods, products or services stated in (2) The spouse, child, parent, brother or sister of your"advertisement"; that employee as a consequence of (1) (8) Arising out of the infringement of copyright, above, patent, trademark, trade secret or other This exclusion applies: intellectual property rights; (1) Whether the insured may be liable as an However, this exclusion does not apply to employer or in any other capacity; and infringement, in your "advertisement," of copyright,trade dress or slogan: (2) To any obligation to share damages with or repay someone else who must pay damages (9) Committed by an insured whose business is: because of the injury. (a) Advertising, broadcasting, publishing or This exclusion does not apply: telecasting; b Designing or determining content of (1) To liability assumed by the insured under an ( ) 9 9 9 "insured contract"; or websites for others; or (2) Only to the extent that coverage is provided (c) An Internet search, access, content or by"scheduled underlying insurance." service provider; G-15057-C Page 2 of 17 (Ed. 06/05) G-15057-C (Ed. 06105) f. Pollution from the covered "automobile" to the 1 "Bodily injury" or "property dama e" arising place where they are finally: O Y 1 �'� 9 9 out of the actual, alleged or threatened (i) Delivered, discharge, dispersal, seepage, migration, release or escape of"pollutants": (ii} Disposed of; or (a) At or from any premises, site or location (iii) Abandoned which is or was at any time owned or by the insured. occupied by, or rented or loaned to, any insured; Subparagraphs (a) and (d)(i) do not apply to "bodily injury" or "property damage" arising (b) At or from any premises, site or location out of heat, smoke or fumes from a hostile which is or was at anytime used by or for fire. any insured or others for the handling, storage, disposal, processing or treatment As used in this exclusion, a hostile fire means of waste; one which becomes uncontrollable or breaks out from where it was intended to be. (c) Which are or were at any time transported, handled, stored, treated, Subparagraph (d)(i) does not apply to "bodily disposed of, or processed as waste by or injury" or"property damage" arising out of the for any insured or any person or escape of fuels, lubricants, or other operating organization for whom you may be legally fluids which are needed to perform the normal responsible; or electrical, hydraulic or mechanical functions necessary for operation of"mobile equipment" (d) At or from any premises, site or location or its parts, if such fuels, lubricants or other on which any insured or any contractors operating fluids escape from a vehicle part or subcontractors working directly or designed to hold, store or receive them. This indirectly on any insured's behalf are exception does not apply if the "bodily injury' performing operations: or "property damage" arises out of the (i) If the"pollutants"are brought on or to intentional discharge, dispersal or release of the premises, site or location in the fuels, lubricants or other operating fluids, connection with such operations by or if such fuels, lubricants or other operating such insured, contractor or fluids are brought on or to the premises, site subcontractor; or or location with the intent that they be discharged, dispersed or released as part of (ii) If the operations are to test for, the operations being performed by such monitor, clean up, remove, contain, insured,contractor or subcontractor. treat, detoxify or neutralize, or in any ra Sub ara e iii does not a to fuels, way respond to, or assess the effects Subparagraph ph ( )( ) apply of"pollutants." lubricants, fluids, exhaust, gases or other similar "pollutants" that are needed for or (e) That are, or that are contained in property result from the normal electrical, hydraulic or that is: mechanical functioning of the covered (i) Being transported or towed by, or "automobile" or its parts if the "pollutants" handled for movement into, onto or escape or are discharged, dispersed or from a covered"automobile"; released directly from an "automobile" part designed by its manufacturer to hold, store, (ii) Otherwise in the course of transit; receive or dispose of such"pollutants" (iii)Being stored, disposed of, treated or Subparagraphs (f) and (g) do not apply if the processed in or upon the covered "pollutants" or property in which the "automobile"; "pollutants" are contained are upset, overturned or damaged as a result of the (f) Before the "pollutants" or property in maintenance or use of a covered "automobile" which the "pollutants" are contained are and the discharge, dispersal, release or moved from the place where they are escape of the "pollutants" is caused directly accepted by the insured for movement by such upset, overturn or damage. into or onto the covered "automobile"; or After the "pollutants" or property in which (2) "Personal and advertising injury" arising out of o (g) p p P Y the actual, alleged or threatened discharge, the "pollutants" are contained are moved dispersal, seepage, migration, release or escape of"pollutants" at any time. G-15057-C Page 3 of 17 (Ed. 06105) G-15057-C (Ed. 06/05) (3) Any loss, cost or expense arising out of any: This exclusion applies even if the claims against (a) Request, demand or order that any any insured allege negligence or other wrongdoing insured or others test far, monitor, clean in the supervision, hiring, employment, training, or insns remove, contain, treat, detoxify or monitoring of others by that insured, if the any way respond to, or "incident" which caused the "bodily injury" or neutralize, or in assess the effects of"pollutants"; "property damage" involved the ownership, maintenance, use or entrustment to others of any (b) Claim or "suit" by or on behalf of a "aircraff' that is owned or operated by or rented or governmental authority for damages loaned to any insured. because of testing for, monitoring, i. War cleaning up, removing, containing, treating, detoxifying or neutralizing, or in Any liability arising out of: any way responding to, or assessing the effects of"pollutants." (1) War, including undeclared or civil war, g. Watercraft (2) Warlike action by a military force, including action in hindering or defending against an "Bodily injury" or "property damage" arising out of actual or expected attack, by any the: government, sovereign or other authority (1) Ownership; using military personnel or other agents, or (3) Insurrection, rebellion, revolution, usurped (2) Maintenance; power, or action taken by governmental (3) Use; or authority in hindering or defending against (4) Entrustment to others any of these. of a"watercraft" awned or operated by or rented or j. Damage to Property loaned to an insured. Use includes operation or "Property damage"to: "loading or unloading." O Property ert you own, rent, or occupy, p y y including This exclusion applies even if the claims against any costs or expenses incurred by you, or any any insured allege negligence or other wrongdoing other person, organization or entity, for repair, in the supervision, hiring, employment, training, or replacement, enhancement, restoration or monitoring of others by that insured, if the maintenance of such property for any reason, "incident" which caused the "bodily injury" or including prevention of injury to a person or "property damage" involved the ownership, damage to another's property, maintenance, use or entrustment to others of any watercraft that is owned or operated by or rented (2) Premises you sell, give away or abandon, if or loaned to any insured. the "property damage" arises out of any part of those premises; This exclusion does not apply to: (3) Property loaned to you, (1) A "watercraft" while ashore on premises you (4) Personal property in the care, custody or own or rent; control of the insured; (2) A"watercraft"you do not own that is: (5) That particular part of real property on which (a) Less than 55 feet long; and you or any contractors or subcontractors working directly or indirectly on your behalf (b) Not being used to carry persons or are performing operations, if the "property property for a charge; or damage"arises out of those operations; or (3) Liability assumed under an "insured contract" (6) That particular part of any property that must for the ownership, maintenance or use of be restored, repaired or replaced because "watercraft." "your work"was incorrectly performed on it. In. Aircraft Paragraph (2) of this exclusion does not apply if The ownership, maintenance, operation, use, the premises are "your work" and were never entrustment to others or "loading or unloading" of occupied, rented or held for rental by you. any"aircraft": Paragraphs (3), (4), (5) and (6) of this exclusion do (1) Owned by an insured; or not apply to liability assumed under a sidetrack agreement. (2) Chartered without crew by an insured or on an insured's behalf. G-15057-C Page 4 of 17 (Ed. 06/05) G-15057-C (Ed. 06/05) Paragraph (6) of this exclusion does not apply to q. UninsuredlUnderinsured Motorist and Similar "property damage" included in the "products- Laws completed operations hazard." Liability imposed on the insured under an k. Damage to your Product uninsured/underinsured motorist law, a personal "Property damage"to "your product" arising out of injury protection law, a reparations benefit law or it or any part of it. other similar law. I. Damage to you Work r. Electronic Data " Any liability arising out of the loss of, loss of use "Property damage" to "your work arising out of it any part of it and included "in the "products- of, damage to, corruption of, inability to access, or or nobility to manipulate "electronic data." completed operations hazard." This exclusion does not apply if the damaged s. Nonemployment Related Discrimination work or the work out of which the damage arises To any alleged or actual nonemployment related was performed on your behalf by a subcontractor. discrimination committed intentionally against a m. Damage to Impaired Property or Property Not person. Physically Injured t. Asbestos "Property damage" to "impaired property" or (1) "Bodily Injury," "property damage" or property that has not been physically injured, "personal and advertising injury" arising out of arising out of: the actual, alleged or threatened exposure at (1) A defect, deficiency, inadequacy or dangerous any time to"asbestos"; or condition in "your product"or"your work", or (2) Any loss, cost or expense that may be (2) A delay or failure by you or anyone acting on awarded or incurred: your behalf to perform a contract or (a) By reason of a claim or"suit"for any such agreement in accordance with its terms. injury or damage; or This exclusion does not apply to the loss of use of (b) In complying with a governmental other property arising out of sudden and direction or request to test for, monitor, accidental physical injury to "your product" or clean up, remove, contain or dispose of "your work" after it has been put to its intended "asbestos." use. u. Fungi and Microbes n. Recall of Products,Work Or Impaired Property 1 "Bodily in ur "property damage" or l ) Y J Y�� p P Y 9 Damages claimed for any loss, cost or expense "personal and advertising injury," which would incurred by you or others for the loss of use, not have occurred, in whole or in part, but for withdrawal, recall, inspection, repair, replacement, the actual, alleged or threatened inhalation of, adjustment, removal or disposal of: ingestion of, contact with, exposure to, (1) "Your product"; existence of, or presence of any "fungi or microbes" or (2) "Your work" or (2) Any loss, cost, or expense arising out of the (3) "Impaired property"; testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, if such product, work, or property is withdrawn or remediating, or disposing of, or in any way recalled from the market or from use by any responding to or assessing the effects of person or organization because of a known or "fungi or microbes" by any insured or by suspected defect, deficiency, inadequacy or anyone else. dangerous condition in it. This exclusion applies regardless of any other o. E.R.LS.A• cause or event that contributes concurrently or in Liability for alleged or actual violations of the any sequence to such injury or damage, loss, cost Employees Retirement Income Security Act of orexpense. 1974 or any amendments or additions thereto. v. Silica p. Directors and Officers (1) "Bodily injury" arising in whole or in part out of Liability for a wrongful act, error, omission or the actual, alleged or threatened respiration or breach of duty by an insured in the performance of ingestion at any time of"silica;" or the office of director or officer of an organization. G-15057-C Page 5 of 17 (Ed. 06/05) G-15057-C (Ed. 06105) (2) "Personal and advertising injury" or "property To the extent that this insurance applies to an damage" arising in whole or in part out of the "automobile" or "mobile equipment" it is further actual, alleged or threatened presence of subject to the pollution exclusion, exclusion f. of "silica." this policy, w. Named Insured vs. Named Insured Use includes operation or"loading or unloading." Any liability arising out of claims or "suits" by a bb. Do Not Call named insured against another named insured. Any liability arising directly or indirectly out of any x. Employment Related Practices action or omission that violates or is alleged to Any liability arising out of: violate: (1) A refusal to employ; (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or (2) Termination of employment, addition to such law, or (3) Demotion, evaluation, reassignment, (2) The CAN-SPAM Act of 2003, including any discipline; amendment of or addition to such law; or (4) Coercion, defamation, discrimination, (3) Any statute, ordinance or regulation, other harassment or humiliation;or than the TCPA or the CAN-SPAM Act of 2003. that prohibits or limits the sending, any other employment related practices, policies, transmitting, communicating or distribution of acts or omissions. material or information. y. Terrorism Limitation SECTION II—WHO IS AN INSURED "Bodily injury" or "property damage" arising out of 1. Named Insured means any individual or organization any act of terrorism: unless, and then only to the stated in the Declarations of this policy and if you are extent that coverage is provided by "scheduled designated in the Declarations of this policy as: underlying insurance." a. An individual, you and your spouse, but only with z. Liquor Liability Limitation respect to the conduct of a business of which you "Bodily injury" or "property damage" for which an are the sole owner, insured may be held liable by reason of: If you are designated in the Declarations of this (1) Causing or contributing to the intoxication of policy as an individual, this policy shall not apply any person; to liability arising out of your domestic or non- business activities. This does not apply to the (2) The furnishing of alcoholic beverages to a ownership, maintenance, use or "loading or person under the legal drinking age or under unloading" of any "automobile," or to the Personal the influence of alcohol; or Umbrella Liability Coverage Part. (3) Any statute, ordinance or regulation relating to b. A partnership or joint venture, you and your the sale, gift, distribution or use of alcoholic members, your partners, and their spouses, but beverages, only with respect to the conduct of your business. unless, and then only to the extent that coverage No person or organization is an insured with is provided by"scheduled underlying insurance." respect to the conduct of any current or past aa. Auto and Mobile Equipment Limitation partnership or joint venture that is not shown as a Named Insured in the Declarations. Any liability arising out of the: c. An organization other than a partnership or joint (1) Ownership; venture, you and your executive officers and directors, but only with respect to their duties as (2) Maintenance, your officers or directors. Your stockholders are (3) Use, or also named insureds, but only with respect to their (4) Entrustment to others liability as stockholders. d. A limited liability company, you and your of an "automobile" or "mobile equipment" owned members, but only with respect to the conduct of or operated by or rented or loaned to an insured your business. Your managers are also named unless, and then only to the extent that coverage insureds but only with respect to their duties as is provided by"scheduled underlying insurance.' your managers. G-15057-C Page 6 of 17 (Ed. 06/05) G-15057-C (Ed. 06105) No person or organization is an insured with you, any of your employees, "volunteer respect to the conduct of any current or past workers" any partner or member (if you are a limited liability company that is not shown as a partnership or joint venture) or any member(if Named Insured in the Declarations. you are a limited liability company). e. A corporation or organization, other than b. A person or organization for whom you are partnerships, joint ventures or limited liability required, by virtue of a written contract entered companies, that you form, acquire or gain control into prior to the "bodily injury," "property damage" of during the policy period, but only with respect to or "personal and advertising injury" occurring or "bodily injury,""property damage" or"personal and being committed, to provide the insurance that is advertising injury" taking place after you form, afforded by this policy.This insurance applies only acquire or gain control of such corporation or with respect to operations by you or on your behalf organization. or to facilities you own or use, but only to the 2. Insured means the Named Insured and: extent of the limits of insurance required by such contract, not to exceed the limits of insurance in a. Your "volunteer workers" only while performing this policy. duties related to the conduct of your business, or c. Any other persons or organizations included as an your employees, other than your executive officers insured under the provisions of the "scheduled and directors (if you are an organization other than underlying insurance" shown in the Declarations a partnership, joint venture or limited liability of this policy and then only for the same coverage, company) or your members (if you are a limited except for limits of insurance, afforded under such liability company ) but only for acts within the "scheduled underlying insurance." scope of their employment by you or while performing duties related to the conduct or your However, If a blanket additional insured business. However, none of these employees or endorsement is attached to the general liability "volunteer workers" is an insured for: "scheduled underlying insurance" pursuant to a ( written or oral contract or agreement between you 1) "Bodily injury" or "personal and advertising and another person or organization (called injury': additional insured), this insurance is excess over (a) To you; to your partners or members (if such insurance provided to the additional insured you are a partnership or joint venture) to subject to the following conditions: your members (if you are a limited liability (1) If the limits specified in the written contract or company) or to a co-employee while in agreement are less than the limits provided by the course of his or her employment or the"scheduled underlying insurance,"then no performing duties related to the conduct coverage is provided to the additional insured of your business, or to your other under this policy. "volunteer workers" while performing duties related to the conduct of your (2) If the limits specified in the written contract or business; agreement are greater than the limits provided (b) To the spouse, child, parent, brother or by the "scheduled underlying insurance;' then sister of that co-employee or "volunteer this insurance is excess over the insurance worker" as a consequence of Paragraph provided by the "scheduled underlying insurance." The limits of insurance for the " (1)(a)above; additional insured are the lesser of: (c) For which there is any obligation to share (i) The limits specified in the written contract; damages with or repay someone else or who must pay damages because of the injury described in Paragraphs (1)(a) or (ii) The limits of the "scheduled underlying (b) above, or insurance" plus the limits of this policy. (d) Arising out of his or her providing or SECTION III—LIMITS OF INSURANCE failing to provide professional health care 1. The Limits of Insurance shown in the Declarations and services. the rules below fix the most we will pay regardless of (2) "Property damage"to property: the number of: (a) Owned, occupied or used by; _ a. Insureds; (b) Rented to, in the care, custody or control b. Claims made or"suits" brought; or, or over which physical control is being c. Persons or organizations making claims or exercised for any purpose by bringing"suits" G-15057-C Page 7 of 17 (Ed. 06I05) G-15057-C (Ed. 06/05) d. "Automobiles," "aircraft" or "watercraft" to which than 12 months. In that case, the additional period will this policy applies; or be deemed part of the last preceding period for e. Coverages under which loss is insured in this purposes of determining the limits of insurance. policy. SECTION IV—CONDITIONS 2. The limit of insurance shown in the Declarations as the 1. Financial Impairment Aggregate Limit is the most we will pay for the sum of Bankruptcy, rehabilitation, receivership, liquidation or all "ultimate net loss,' to which this insurance applies other financial impairment of you or an "underlying and applies separately to all"ultimate net loss": insurer' shall neither relieve nor increase any of our a. Included in the "products-completed operations obligations underthis policy. hazard", In the event there is diminished recovery or no b. To which, and in the same manner, an aggregate recovery available to you as a result of such financial limit applies under "scheduled underlying impairment of an insurer providing "scheduled insurance" other than "ultimate net loss" included underlying insurance," the coverage under this policy in the "products-competed operations hazard"; shall apply only in excess of the limits of insurance and stated in the "scheduled underlying insurance." Under C. To which no "scheduled underlying insurance" no circumstances shall we be required to drop down and replace the limits of insurance, or assume the applies. obligations of a financially impaired insurer. The Aggregate Limit does not apply to "ultimate net 2. Duties of the Insured loss" for which no aggregate limit applies in the "scheduled underlying insurance." a. In the event of an"incident"which has not resulted 3. Subject to 2. above, the limit of insurance shown in the in a claim or suit. Declarations as the Each Incident limit is the most we Whenever you have information of an "incident" will pay for the sum of all "ultimate net loss" to which which involves injuries or damages likely to this insurance applies arising arising out of any one involve this policy, written notice shall be given by "incident." or for you to us or to our authorized agent as soon 4. In the event of reduction or exhaustion of the as practicable. The notice shall contain: aggregate limits of insurance under "scheduled (1) Particular information sufficient to identify the underlying insurance" solely by reason of payments of insured:, a combination of covered: (2) Such information as can be reasonably a. Expenses; obtained with respect to time, place and circumstances of the occurrence or offense: b. Settlements; or and c. Judgments (3) Names and addresses of the insured and of paid thereunder as a result of "bodily injury," property available witnesses. damage" or "personal and advertising injury" taking b. In the Event of Claims or Suit place during this policy period, this policy shall, subject to this limit of insurance provision and to the remaining You shall provide us with written notice as soon as terms and provisions and conditions of this policy: practicable whenever: a. Apply in excess of such reduction of "scheduled (1) A claim is made or "suit" is brought against underlying insurance"; or you; b. Apply in place of the exhausted amount of (2) You receive notice that a right to bring claim "scheduled underlying insurance." or"suit" against you will be asserted; or Nothing in a. or b. above shall serve to increase the (3) You obtain information that the obligation of limits of insurance shown in the Declarations. "underlying insurers"to: 5. The limits of this policy shall apply separately to: (a) Investigate; a. Each consecutive annual period; and (b) Defend; b. Remaining periods of less than 12 months; (c) Pay on behalf of; or starting with the beginning of the policy period shown (d) Indemnify in the Declarations, unless the policy period is you has ceased. extended after issuance for an additional period of less G-15057-C Page 8 of 17 (Ed. 06/05) G-15057-C (Ed. 06/05) Every demand, notice, summons, amended brought. However, the inclusion of more than one complaint or other process received by you or insured shall not operate to increase the limits of your representative shall be forwarded with each insurance. notice. 8. Annual Rating 3. Legal Action Against Us If this policy is issued for a period in excess of one No legal action shall be brought against us unless you year, the premium may be revised on each annual have fully complied with all the terms of this policy and anniversary in accordance with our rates and rules in the amount of your obligation to pay has been finally effect at that time. determined either by: 9. "Scheduled Underlying Insurance" a. Judgment against you after actual trial; or Material change in premium for "scheduled underlying b. Written agreement between us, you and the insurance" shall be promptly reported to us. Premium claimant. for this policy may be adjusted to reflect changes in 4. Other Insurance underlying insurance in accordance with our manuals n effect at the time of the change. This insurance is excess over and will not contribute 10. Maintenance of"Scheduled Underlying Insurance" with any other insurance available to the insured whether such other insurance is stated to be primary, While this policy is in force you agree that the policies contributory, excess, contingent or otherwise. This listed in the Declarations as "scheduled underlying condition does not apply to insurance purchased insurance" and their renewals and replacements shall specifically to apply in excess of this insurance. be maintained, without alterations of terms or 5. Premium Audit conditions, in full effect during the term of this policy, except for reduction or exhaustion of the aggregate a. We will compute all premiums for this policy in limits of insurance in the "scheduled underlying accordance with our rules and rates. insurance," provided that such reduction or exhaustion is solely the result of "incidents" taking place during b. If the premium is shown in the Declarations as flat, this policy period, and not before. If you fail to maintain the premium for this policy is not subject to "scheduled underlying insurance," this condition shall adjustment. not invalidate this policy. However, in the event of c. If the premium is shown in the Declarations as such failure, we will only be liable to the same extent adjustable, the premium shown as the advance as if you had complied with this condition. premium is a deposit premium only.At the close of 11. Appeals each audit period we will compute the earned premium for that period. Audit premiums are due If you or your"underlying insurers" elect not to appeal and payable on notice to the first Named Insured a judgment in excess of the limits of insurance shown in the Declarations. If the sum of the afforded by the: advance and audit premiums paid for the policy a. "Scheduled underlying insurance"; term are greater than the earned premium, we will return the excess, subject to the minimum b. "Unscheduled underlying insurance"; or premium, to the first Named Insured shown in the Declarations. G. "Retained limit"; d. The first Named Insured shown in the we may elect to appeal. Our limit of liability shall not Declarations must keep records of the information be increased because of such appeal. We will, we need for premium computation, and send us however, pay the following costs and expenses: _ copies at such times as we request. a. All premium bonds to release attachments for an 6. Nonrenewal amount not in excess of the applicable limit of liability of this policy; If we decide not to renew this policy, we will mail or b. All premiums on appeal bonds required in such deliver to the first Named Insured shown in the defended "suit," but without obligation to apply for Declarations written notice of the nonrenewal not less or furnish such bonds; than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient c. Court fees; proof of notice. d. Costs and expenses taxed against you by the 7. Severability of Interests appellate court and interest accruing after entry of a judgment against you and before we have: The insurance afforded applies separately to each insured against whom claim is made or "suit" is (1) Paid; G-15057-C Page 9 of 17 (Ed. 06/05) G-15057-C (Ed. 06/05) (2) Offered to pay; or such payments in full if the insured first named fails to (3) Deposited in court pay the amount due within 30 days after we give written notice or demand. the part of the judgment that is within the 15. Trade Sanctions applicable limit of insurance. Where the "underlying insurers" terminate their liability to pay In accordance with laws and regulations of the United interest on the judgment by an offer to pay their States concerning economic and trade embargoes, limits, you shall demand that such limits be paid. If this policy is void ab initio (void from its inception) with the appeal is successful, such amounts not respect to any term or condition of this policy that obligated to be paid shall be returned to such violates any laws or regulations of the United States "underlying insurer." concerning economic and trade embargoes including, 12. Subrogation but not limited to the following: n the case of any payments by us under the a. Any insured, or any person or entity claiming the benefits of an coverages of this policy, we shall be subrogated to all rights of recovery against any other party which you Specially Designated National or Blocked Person insured, who is or becomes a may have and will cooperate with you and all other or who is otherwise subject to U.S. economic or trade sanctions; interests. Amounts recovered shall be apportioned in the following order: b. Any claim or "suit" that is brought in a Sanctioned a. Amounts paid in excess of the payments under Country or by a Sanctioned Country Government, this policy shall first be reimbursed to the where any action in connection with such claim or amount paid by those, including you, who made "suit" is prohibited by U.S. economic or trade sanctions; such payments; c. Any claim or"suit" that is brought by any Specially b. We are then to be reimbursed up to the amount Designated National or Blocked Person or any we paid; person or entity who is otherwise subject to U.S. c. Any remainder shall be available to the interests of economic or trade sanctions, those over whom this coverage is in excess and d. Property that is located in a Sanctioned Country or who are entitled to claim such remainder. that is owned by, rented to or in the care, custody Expenses necessary to the recovery of such amounts or control of a Sanctioned Country Government, shall be divided between the interests concerned, where any activities related to such property are including you, in the ratio of their respective recoveries prohibited by U.S. economic or trade sanctions; or as finally settled. e. Property that is owned by, rented to or in the care, 13. Settlement of Claims or Suit custody or control of a Specially Designated National or Blocked Person, or any person or We may pay, but are not obligated to pay, any part or entity who is otherwise subject to U.S. economic all of the amount of the "retained limit" to effect or trade sanctions. settlement of a claim or "suit." Upon notification of the action taken you shall promptly reimburse us for such As used in this policy a Specially Designated National part of the "retained limit" that we had paid. All named or Blocked Person is any person or entity that is on the insureds are jointly and severally responsible for our list of Specially Designated Nationals and Blocked reimbursement and agree to make such Persons issued by the U.S. Treasury Department's reimbursement within 30 days after we give you Office of Foreign Asset Control (O.F.A.C.) as it may be written notice or demand for payment. from time to time amended. 14. Sole Agent As used in this policy a Sanctioned Country is any country that is the subject of trade or economic The insured first named in the Declarations is embargoes imposed by the laws or regulations of the authorized to act on behalf of all named insureds and United States of America. other insureds with respect to: SECTION V— DEFINITIONS a. The giving and receiving of notice of cancellation; and 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market b. Receiving return premium that may be payable segments about your goods, products or services for under this policy. the purpose of attracting customers or supporters. For The insured first named in the Declarations is the purposes of this definition responsible for the payment of premiums, but the other named Insureds jointly and severally agree to make G-15057-C Page 10 of 17 (Ed. 06/05) G-15057-C (Ed. 06105) a. Notices that are published include material placed indemnification of a municipality in connection with on the Internet or on similar electronic means of work performed for a municipality) under which communication; and you assume the tort liability to pay damages 4 b. Regarding websites, only that part of a website because of"bodily injury" or "property damage" to that about your goods at services for the a third person or organization, if the contracts or agreements are made prior to the "bodily injury" or purposes of attracting customers or supporters is "property damage." considered an advertisement. 2. "Automobile" means Tort liability means liability that would be imposed by late in the absence of contracts or agreements. a. A land motor vehicle, trailer or semitrailer An "insured contract" does not include that part of a designed for travel on public roads; including any contract or agreement: attached machinery or equipment; or a. That indemnifies an architect, engineer or b. Any other land vehicle that is subject to a surveyor for an injury or damages arising out of: compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is (1) Preparing, approving or failing to prepare or licensed or principally garaged. approve: However, "automobile" does not include "mobile (a) Maps; equipment." (b) Drawings; 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, (c) Opinions; humiliation, shack, mental anguish or mental injury by (d) Reports; that person at any time which results as a consequence of the bodily injury;sickness or disease, (e) Surveys; 4. "Aircraft" means a vehicle designed to transport (f) Change orders; persons or property in the air. (g) Designs; or S. "Impaired property" means tangible property, other (h) Specifications; or than"your product" or"your work,"that cannot be used or is less useful because: (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the a. It incorporates"your product"or"your work"that is injury or damage; known or thought to be defective, deficient, inadequate or dangerous; or It. Under which the insured, if an architect, engineer or surveyor, assumes liability for injury or damage b. You have failed to fulfill the terms of a contract or arising out of the insured's rendering or failure to agreement; render professional services, including those listed if such property can be restored to use by: in a.(1) above and supervisory, inspection or engineering services; or a. The repair, replacement, adjustment or removal of s "your product" or"your work';or c. That indemnifies a person or organization for damage by fire to premises rented or loaned to an b. Your fulfilling the terms of the contract or insured. agreement. 7, "Loading or unloading" means the handling of 6. "Insured contract" means: property: a. A lease of premises; a. After it is moved from the place where it is b. A sidetrack agreement; accepted for movement into or onto an "aircraft," "watercraft"or"automobile'; c. An easement or license agreement, except in b. While it is in or on an "aircraft," "watercraft" or connection with construction or demolition "automobile"; or operations on or within 50 feet of a railroad; d. An indemnification of a municipality as required by c. While it is being moved from an "aircraft," ordinance, except in connection with work fora "watercraft" or"automobile"to the place where it is municipality; finally delivered; o e. An elevator maintenance agreement; or but "loading or unloading" does not include the movement of property by means of a mechanical f. The part of other contracts or agreements device, other than a hand truck, that is not attached to pertaining to your business (including an the"aircraft,""watercraft"or"automobile." G-15057-C Page 11 of 17 (Ed. 06/05) G-15057-C (Ed.06/05) S. "Mobile equipment" means any of the following types compulsory or financial responsibility law or other of land vehicles, including any attached machinery or motor vehicle insurance law are considered equipment: "automobiles" a. Bulldozers, farm machinery, forklifts and other 9. "Incident" vehicles designed for use principally off public a. With respect to "bodily injury" and "property roads; damage," "incident" means an occurrence. An b. Vehicles that travel on crawler treads, occurrence means an accident, including C. Vehicles maintained for use solely on or next to continuous or repeated exposure to substantially the same general harmful conditions. premises you own or rent; d. Vehicles, whether self-propelled or not, b. With respect to "personal and advertising injury," "incident" means an offense arising out of your maintained primarily to provide mobility to business. permanently mounted: 10. "Personal and Advertising Injury" means injury, (1) Power cranes, shovels, loaders, diggers or including consequential "bodily injury," arising out of drills; or one or more of the following offenses: (2) Road construction or resurfacing equipment a. False arrest, detention or imprisonment; such as graders, scrapers or rollers, e. Vehicles not described in a., b., c. or d, above that b. Malicious prosecution or abuse of process, are not self-propelled and are maintained primarily c. Wrongful eviction from, wrongful entry into, or the to provide mobility to permanently attached invasion of the right of private occupancy of a equipment of the following types: room, dwelling or premises that a person occupies 1 Air compressors, pumps, and committed by or on behalf of its owner, landlord or O p p p , generators, lessor; including spraying, welding, building cleaning, geophysical exploration, lighting and well d. Discrimination, unless such insurance is servicing equipment, or prohibited by law; (2) Cherry pickers and similar devices used to e. Oral or written publication, in any manner, of raise or lower workers; material that slanders or libels a person or f. Vehicles not described in a., b., c. or d. above organization or disparages a persons or maintained primarily for purposes other than the organization's goods, products or services; transportation of persons or cargo. f. Oral or written publication, in any manner, of However, self-propelled vehicles with the fallowing material that violates a person's right of privacy; type of permanently attached equipment are not g. The use of another's advertising idea in your "mobile equipment" but will be considered "advertisement;" "automobiles": h. Infringing upon another's copyright, trade dress or (1) Equipment designed primarily for: slogan in your"advertisement." (a) Snow removal ; 11. a. "Products-completed operations hazard" (b) Road maintenance, but not construction includes "bodily injury" and "property damage" or resurfacing; or occurring away from premises an insured owns or rents and arising out of "your product" or "your (c) Street cleaning; work"except: (2) Cherry pickers and similar devices mounted (1) Products in your physical possession; or on "automobiles" or truck chassis and used to (2) Work not yet completed or abandoned. raise or lower workers; and (3) Air compressors, pumps and generators, b. "Your work" will be deemed completed at the including spraying, welding, building cleaning, earliest of the following: geophysical exploration, lighting and well (1) When all work called for in the "insured servicing equipment. contract" has been completed; However, "mobile equipment" does not include any (2) When all of the work to be done at the site land vehicles that are subject to a compulsory or has been completed if the "insured's contract" financial responsibility law or other motor vehicle calls for work at more than one site; or insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a G-15057-C Page 12 of 17 (Ed. 06/05) G-15057-C (Ed. 06105) (3) When that part of the work done at a job site 14. "Your product"means: has been put to its intended use by a person or organization other than another contractor a. Any goods or products, other than real property, manufactured, sold, handled, distributed or or subcontractor working on the same project, disposed of by: Work that may need: (a) Service; (1) You; (b) Maintenance; (2) Others trading under your name; or (c) Correction; (3) A person or organization whose business or assets you have acquired;and (d) Repair; or b. Containers (other than vehicles), materials, parts (e) Replacement, or equipment furnished in connection with such but which is otherwise complete, will be treated as goods or products. completed. "Your product" includes warranties or representations C. This hazard does not include "bodily injury" or made with respect to the fitness, quality, durability, property damage" arising out of: performance or use of"your product" and the providing of or failure to provide warnings or instructions. (1) The transportation of property, unless the "Your product" does not include vending machines or injury or damage arises out of a condition in or other property rented to or located for the use of others on a vehicle created by the "loading or but not sold. unloading" of it; or (2) The existence of: 16. "Your work" means: (a) Tools; a. Work or operations performed by you or on your behalf; and (b) Uninstalled equipment; or b. Materials, parts or equipment furnished in (c) Abandoned or unused materials. connection with such work or operations. 12. "Property damage"means: "Your work" includes warranties or representations made with respect to the fitness, quality, durability, a. Physical injury to tangible property, including all performance or use of"your work"and the providing of resulting loss of use of that property. All such loss or failure to provide warnings or instructions. of use shall be deemed to occur at the time of the physical injury that caused it; or 16. "Retained limit" means the amount stated as such in the Declarations. The 'retained limit" is retained and b. Loss of use of tangible property that is not payable by the insured as respects all "incidents" not physically injured. All such loss shall be deemed covered by "scheduled underlying insurance" or by to occur at the time of the occurrence that caused "unscheduled underlying insurance" t. 17. "Scheduled underlying insurance" means the For the purposes of this insurance, "electronic data" is insurance policies listed in the Schedule of Underlying not tangible property. Insurance including renewal or replacement of such " 13. "Suit" means a civil proceeding in which damages contracts which are not more restrictive than those because of: listed in the aforementioned Schedule of Underlying Insurance. a. "Bodily injury" 18. "Ultimate net loss" b. "Property damage"; or a. "Ultimate net loss" means the actual damages the c. "Personal and advertising injury", insured is legally obligated to pay, eitherthrough: to which this insurance applies are alleged. "Suit" (1) Final adjudication on the merits; or includes: (2) Through compromise settlement with our o a. An arbitration proceeding alleging such damages written consent or direction; to which you must submit with our consent; or because of"incident(s)" covered by this policy. b. Any other alternative dispute resolution proceeding in which such damages are claimed However, it includes the above mentioned sums and to which you submit with our consent. only after deducting all other recoveries and salvages. G-15057-C Page 13 of 17 (Ed. 06/05) G-15057-C (Ed. 06/05) b. "Ultimate net loss"does not include the following: systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing (1) Costs or expenses related to: devices or any other media which are used with (a) Litigation, electronically controlled equipment. (b) Settlement; 24, "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, (c) Adjustment; or vapor, soot, fumes, acids, alkalis, chemicals and (d) Appeals; waste. Waste includes materials to be recycled, reconditioned or reclaimed. nor costs or expenses incident to the same which an "underlying insurer" has paid, 25. "Fungi or microbes" means: incurred or is obligated to pay to or on behalf a. Any form of fungus, yeast, mold, mildew, or of the insured; mushroom, including mycotoxins, spores, scents, (2) Pre-judgment interest; byproducts or other substances produced or released by fungi; and (3) Office costs and expenses and salaries and expenses of the employees of an insured, b. Any bacteria., virus, or any other non-fungal, single celled or colony-form organism, including any (4) Our office costs and expenses and salaries of toxins, scents, byproducts or other substances it our employees; or produces or releases, whose injurious source is in (5) General retainer and/or monitoring fees of or on a building or its contents. counsel retained by the insured. But "fungi and microbes" does not include fungi that 19. "Underlying insurer" means an insurer whose policy were deliberately grown for human consumption, covers "bodily injury," "property damage' or "personal microbes that were transmitted directly from person to and advertising injury" also covered by this policy but person, or microbes that caused food poisoning, if does not include insurers whose policies were your business is food processing, sales, or serving. purchased specifically to be in excess of this policy. It 26. "Silica" means the chemical compound silicon dioxide includes all insurers providing: (SiO2) in any form, including dust which contains a. "Unscheduled underlying insurance"; and "silica." b. "Scheduled underlying insurance." 27. "Asbestos" means the mineral in any form whether or not the asbestos was at any time: 20. "Unscheduled underlying insurance" a. Airborne as a fiber, particle or dust, a. "Unscheduled underlying insurance" means insurance policies available to an insured, b. Contained in or formed a part of a product, whether: structure or other real or personal property; (1) Primary; c. Carried on clothing; (2) Excess; d. Inhaled or ingested; or (3) Excess-contingent; or e. Transmitted by any other means. (4) Otherwise; 28. "Volunteer worker" means a person who is not your employee, and who donates his or her work and acts except the policies listed in the Schedule of at the direction of and within the scope of duties Underlying Insurance. determined by you, and is not paid a fee, salary or b. "Unscheduled underlying insurance" does not other compensation by you or anyone else for their include insurance purchased specifically to be work performed for you. excess of this policy. SECTION VI — DEFENSE PAYMENT AND RELATED 21. "Watercraft" means a vehicle designed to transport DUTIES persons or property in or on water. 1. If a claim or "suit" alleges damages covered by 22. "Authorized Insured" means any named insured or underlying policies and the obligation of all "underlying any employee authorized by a named insured to give usurers"either to: or receive notice of a claim or"suit." a. Investigate and defend the insured; or 23. "Electronic data" means information, facts or b. Pay the cost of such investigation and defense; programs stored as or on, created or used on, or transmitted to or from computer software, including ceases solely through exhaustion of all underlying limits of insurance through payment of a combination G-15057-C Page 14 of 17 (Ed. 06/05) G-15057-C (Ed. 06/05) of covered expenses, settlements or judgments for not pay prejudgment interest on that period of time "bodily injury," "property damage" or "personal and after we offer to pay: advertising injury" taking place during our policy a. Our limit of insurance; or period, then we will either: a. Assume the investigation and defense of the b. That portion of our limit of insurance which equals insured against"suits" seeking damages;or the amount of a settlement demand when combined with the limits of"underlying insurers." b. If we elect not to assume the investigation and 8. We will pay interest on a judgment that accrues after defense in 1.a. above, we will reimburse the entry of that judgment, but before we have: insured for reasonable defense costs and expenses incurred with our written consent. a. Paid; However, such reimbursement excludes: b. Offered to pay; or (1) Office expenses of the insured; c. Deposited in court (2) Salaries and expenses of employees; and that part of the judgment that is within the limit of (3) General retainer fees of counsel retained by insurance of this policy.The amount of interest we pay the insured. will be in direct proportion that amount we pay as 2. We will investigate and defend an insured or damages bears to the total amount of judgment. We reimburse an insured for "suits" brought against an will not pay additional interest that accrues after we insured for a claim or "suit" that alleges damages have: because of "bodily injury," "property damage" or a. Paid; "personal and advertising injury" not covered under: b. Offered to pay; a. "Scheduled underlying insurance"; and c. Deposited in court It. "Unscheduled underlying insurance"; that part of the judgment that is within the limit of but which seeks damages because of "bodily injury," insurance of this policy. "property damage" or"personal and advertising injury" otherwise covered under this policy. Costs and 9• We will pay all reasonable expenses incurred by the expanses of such investigation and defense are not insured at our request to assist us in the investigation subject to the"retained limit." or defense of the claim or "suit." This includes actual loss of earnings up to liability $250. a day because of 3. We will investigate and defend an insured or time off from work. reimburse an insured for such costs of investigation and defense described in either 1. or 2. above, even if NUCLEAR ENERGY LIABILITY EXCLUSION the allegations of a"suit"are: ENDORSEMENT a. Groundless; (BROAD FORM) It. False; or It is agreed that: I. This policy does not apply: c. Fraudulent; r but only until we make payment or offer to pay or A. Under Liability Coverage to "bodily injury" deposit in court that part of judgment(s) not exceeding "personal and advertising injury" or "property our limit of insurance. damage" 4. We shall also have the sole right to make settlement of 1. With respect to which an insured under this a "suit"as we deem expedient. policy, is also an insured under a nuclear energy liability policy issued by the: 5. If not penmilted by law or otherwise to perform these duties, we will pay an insured for defense costs and a. Nuclear Energy Liability Insurance expenses incurred with our prior written consent. Association; 6. Amounts we pay or incur pursuant to the obligation to b. Mutual Atomic Energy Liability defend or pay the costs and expenses of defense are Underwriters; or in addition to, and not subject to, the limits of c. Nuclear Insurance Association of insurance stated in the Declarations. Canada; 7. In addition to our limits of insurance, we will pay or any of their successors, or would be an prejudgment interest awarded against an insured on insured under any such policy but for its that part of a judgment covered by this policy. We will G-15057-C Page 15 of 17 (Ed. 06/05) G-15057-C (Ed. 06/05) termination upon exhaustion of its limit of II. As used in this endorsement: liability, or A. "Hazardous properties" include radioactive, toxic 2. Resulting from the "hazardous properties" of or explosive properties. "nuclear material" and with respect to which: B. "Nuclear material" means "source material," a. Any person or organization is required to "special nuclear material" or"byproduct material." maintain financial protection pursuant to C. "Source material," "special nuclear material" and the Atomic Energy Act of 1954, or any law "by-product material" have the meanings given or amendment thereof; or them in the Atomic Energy Act of 1954 or in any b. The insured is, or had this policy not been law amendatory thereof. issued would be, entitled to indemnity D. "Spent fuel" means any fuel element or fuel from the United States of America, or any component, solid or liquid, which has been used agency thereof, under any agreement or exposed to radiation in a"nuclear reactor." entered into by the United States of America, or any agency thereof, with any E. "Waste" means waste material: person or organization. 1. Containing "by-product material" other than B. Under any Supplementary Payments provision the tailings or waste produced by the relating to first aid, to expenses incurred with extraction or concentration of uranium or respect to "bodily injury" resulting from the thorium from ore processed primarily for its "hazardous properties" of "nuclear material," and "source material" content; and arising out of the operation of a "nuclear facility" by any person or organization. 2. Resulting from the operation by any person or organization, of a "nuclear facility" included C. Under any Liability Coverage, to "bodily injury" within paragraphs 1. and 2. of the definition of "personal and advertising injury" or "property "nuclear facility." damage" resulting from the "hazardous properties" of"nuclear material," if: F. "Nuclear facility" means: 1. The"nuclear material": 1. Any"nuclear reactor"; a. Is at any "nuclear facility" owned by, or 2. Any equipment or device designed or used operated by or on behalf of, an insured, or for: b. Has been discharged or dispersed a. Separating the isotopes of uranium or therefrom; plutonium, 2. The "nuclear material" is contained in "spent b. Processing or utilizing "spent fuel"; or fuel" or "waste" at any time possessed, c. handling, processing or packaging handled, used. processed, stored, transported "waste"; or disposed of by or on behalf of an insured, or 3. Any equipment or device used for the processing, fabricating or alloying of special 3. The "bodily injury," "personal and advertising "nuclear material" if at any time the total injury," or "property damage" arises out of the amount of such material in the custody of the furnishing by an insured of services, insured at the premises where such materials, parts or equipment in connection equipment is located consists of or contains with the: more than: a. Planning; a. 25 grams of plutonium or uranium 233 or b. Construction; any combination thereof; or c. Maintenance; b. 250 grams of uranium 235, d. Operation; or 4. Any structure, basin, excavation, premises or place prepared or used for the storage or e. Use of disposal of"waste"; any "nuclear facility," but if such facility is and includes the site on which any of the located within the United States of America, foregoing is located, all operations conducted on its territories or possessions or Canada, this such site and all premises used for such exclusion (C.3.) applies only to "property operations. damage" to such "nuclear facility" and any property threat. G-15057-C Page 16 of 17 (Ed. 06/05) G-15057-C (Ed. 06/05) G. "Nuclear reactor" means an apparatus designed H. "Property damage' includes all for of or used to sustain nuclear fission in a self- radioactive contamination of property. supporting chain reaction or to contain a critical mass of fissionable material. G-15057-C Page 17 of 17 (Ed. 06/05) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED TO OBTAIN THIS WAIVER OF OUR RIGHT TO RECOVER FROM UNDER A WRITTEN CONTRACT OR AGREEMENT. "—HIS ENDORSEMENT DOES NOT APPLY IN KENTUCKY, NEW HAMPSHIRE, AND NEW JERSEY. " "NOT APPLICABLE IN WISCONSIN" This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of Inc policy.) Endorsement Effective 05/01/2013 Policy No. 4o3494.1410 Endorsement No. Insured GRI Consultants, Inc. Premium Insurance Company Continental Casualty Company Countersigned by WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. G-20472-A CIVA (Ed. 10/93) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30* 2. Notice will be mailed to: ANY PERS014 OR ORGANIZATION YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO MAIL PRIOR WRITTEN NOTICE OF CANCELLATION. ADDRESS: PER CERTIFICATES ON FILE WITH BROKER. * 10 DAYS NOTICE. WILI, APPLY TO NON-PAYMEN OF PREMIUM. G-20472-A Page 1 of 1 (Ed. 10/93) GEI Consultants, Inc . Policy 4 4034941519 G-15115-A Effective 5/01/13-5/01/14 (Ed. 10189) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION OR MATERIAL COVERAGE CHANGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part(other than the reduction of aggregate limits through payment of claims), we agree to mall prior written notice of cancellation or material change to: SCHEDULE 1. Number of days advance notice: s o* * 10 DAYS NOTICE FOR NON-PAYMENT ADDRESS: PER CERTIFICATES ON FILE WITH BROKER. 2, Name: ANY PERSON OR ORGANIZATION YOU ARE 3. Address: REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO MAIL PRIOR WRITTEN NOTICE OF CANCELLATION. A 8 cs�rrs G-15115-A Page 1 of 1 (Ed. 10189) GEI COnsultants, Inc . G-140428-A OVA Policy # 4034941567 (Ed. 10101) Effective 5/01/13-5/01/14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA PLUS COVERAGE PART In the event of cancellation of this coverage,we agree to mail prior written notice of cancellation to: SCHEDULE 1. Name: ANY PERSON OR ORGANIZATION YOU ARE REQUIRED BY WRITTEN CONTRACT OR ADDRESS: PER CERTIFICATES ON FILE 2. Address: AGREEMENT TO MAIL PRIOR WRITTEN WITH BROKER. NOTICE OF CANCELLATION. 3. Number of days advance notice: 3 0* * 10 DAYS NOTICEWILL APPLY TO NON-PAYMENT OF PREMIUM. X G-140428-A Page 1 of 1 (Ed. 10/01) POLICY NUMBER: DTAO-810-1D708633-COF-13 ISSUE PATE: 05/14/13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CAN CELLATIONMONRENEWAL PROVIDED BY US This endorsement modifies Insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonranewal: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE GIVEN. BUT ONLY IF; 1) YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND 2) WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWS IN THIS SCHEDULE, ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. If we cancel this policy for any statutorily permit- H. If we decide to not renew this policy for any statu- led reason other than nonpayment of premium, torily permitted reason, and a number of days is and a number of days is shown for cancellation in shown for nonrenewal in the schedule above,we the schedule above,we will mall notice of cancel- will mail notice of the nonrenewal to the person or lation to the person or organizaton shown in the organization shown in the schedule above. We schedule above. We will mail such notice to the will mail such notice to the address shown in the address shown in the schedule above at least the schedule above at least the number of days number of days shown for cancellation In the shown for nonrenewal in the schedule above be- schedule above before the effective date of can- fore the expiration date. collation. IL T4 00 12 09 ©2009 The Travelers Indemnity Company Page 1 of 1 REQUEST FOR MAYOR'S SIGNATURE [&�N`I" Please Fill in All Applicable Boxes WA;wed by Director i _ Date Sent �� me: Ken Langholz Dept/Div, Engineering Extension: 5516 _ Originators Nay d� d Date Required �� � , p 4 Return to: Nancy Yoshitake CONTRACT TERMINATION DATE; 3/1/15 �1EI�DORo GEI Consultants, Inc. DATE t?F C�I1�fCIL APRR®9lAL 12/10/i3 — - - - -- ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for GEI Consultants to provide engineering services for Reach 1 of the Briscoe-Desirnone Levee, For additional information, see the attached Council motion sheet. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) � Received: ��k g aA Approval of Law Dept.: Law Dept. Comments: t l Date Forwarded to Mayor: T Shaded Areas To Be Completed By Administration Staff Received: } y Recommendations and Comm R4,1.TIECEEIVED Disposition: Date Returned: CITY OF F5F �' dt f 3f; „ } T Agenda Item: Consent Calendar - 7C TO: City Council DATE: December 10, 2013 SUBJECT: GEI Consultants, Inc. Agreement for Briscoe-Desimone Levee Reach 1 - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with GEI Consultants, Inc. in an amount not to exceed $399,124 to provide engineering services for the Briscoe-Desimone Levee Reach 1 project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Briscoe-Desimone Levee is located along the Green River between S. 180th St. and S. 200th St. Reach 1 of this levee is located within the city limits of Tukwila and provides flood protection for the Cities of Kent, Tukwila and Renton. In 2011, the City, in conjunction with the King County Flood Control District (KCFCD), was successful in obtaining a $7 million grant from the Washington State Legislature to fund reconstruction of the Briscoe-Desimone Levee. In June 2013, the City entered into an Interlocal Agreement with the KCFCD which allocated an additional $11 million of KCFCD funds and assigned responsibility for design and construction of the project to the City of Kent. The City is continuing to pursue accreditation of the Briscoe-Desimone Levee from the Federal Emergency Management Agency (FEMA). As part of this accreditation effort, the City prepared a Conditional Letter of Map Revision (CLOMR) which identified 4 areas, or reaches, of the levee that do not meet current FEMA standards. These areas will be repaired utilizing sheet piles to construct a secondary floodwall. Under this Consultant Services Agreement, GEI will provide additional geotechnical evaluations, structural analysis, and prepare plans and specifications for Reach 1. This Agreement will only be executed after the Interlocal Agreement with the City of Tukwila is executed for the City of Kent to provide design and construction work in Tukwila boundaries. That agreement should come to Council in early 2014. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee YEA: Ralph - Higgins - Albertson NAY: BUDGET IMPACTS: This contract will be funded out of the $18 million which was allocated to the Briscoe-Desimone Levee project through an Interlocal Agreement with the KCFCD.