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HomeMy WebLinkAboutPW09-259 - Original - Landau Associates - 72nd AVe Extension Project Geotechnical, Enviornmental & Natural Resource Services - 09/18/2009 le a em len1 KET1T Document I 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. i Vendor Name: Landau Associates Vendor Number: JD Edwards Number Contract Number: 1200 — i S1 This Is assigned by CityClerk's Office Project Name: 72nd Ave. Extension Description: 0 Interlocal Agreement 0 Change Order ❑Amendment ® Contract ❑ Other: 9-/�' Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/10 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nick Horn Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provideyeotechnical, environmental and natural resources services for the project. CM S,Pubilc\RecordsManagement\Forms\Gontractcover\adcc7032 11J00 t i KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Landau Associates THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Landau Associates organized under the laws of the State of Washington, located and doing business at 130 2nd Avenue S., Edmonds, Washington 98020, Phone: (425) 778-0907/Fax: (425) 778-6409, Contact: David Pischer (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 geotechnical, environmental, and natural resources services for the 72nd Avenue S. Extension Project, For a description, see the Consultant's August 17, 2009 Scope of Work, which is attached as Exhibit A and incorporated by this reference. I 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2010. i III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty Five Thousand, Six Hundred Dollars ($85,600.00) for the services described in this Agreement. This is the maximum amount to be pad 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. CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) 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 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 CONSULTANT SERVICES AGREEMENT- 2 (Over$10,000) i Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 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 performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. 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 i NEGOTIATED THIS WAIVER. 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. 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 CONSULTANT SERVICES AGREEMENT- 3 i (Over$10,000) 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. i 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 shalt 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 the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail I CONSULTANT SERVICES AGREEMENT- 4 (Over$10,000) i H. Compiance 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. 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: CITY OF KENT: y. y. � BAn2�J I .GJCd B nature t ure) Print Name: �D plst feyz Pri t Na uooke Its S;�o2 sacgtm It M (title) DATE: S. ,2oo0 DATE: G� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: David Pischer Larry R. Blanchard Landau Associates City of Kent 130 2nd Ave. S. 220 Fourth Avenue South Edmonds, WA 98020 Kent, WA 98032 (425) 778-0907 (telephone) (253) 856-5500 (telephone) (425) 778-6409 (facsimile) (253) 856-6500 (facsimile) A PROMVEDTO FORM: r Ken Law hpa ent Undau-72mpHam CONSULTANT SERVICES AGREEMENT- 5 (Over$10,000) DECLARATION i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i 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. Dated this z8 day of e4vausv 2001. By: For: N�AU JTsSy_ci�43 ��G Title: sE1�1102SS©C/A Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KEINT ADMIiNISTRATIVE POLICY I 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. �I i I i i i EEO COMPLIANCE DOCUMENTS - 2 i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT i 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 Landau Associates Company, hereby I acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as 72"d Avenue S. Extension that was entered into on the September 18, 2009 (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: CJGW�( �I tiClr For: Title: Date: %24 3'� i I i EEO COMPLIANCE DOCUMENTS - 1 I EXHIBIT A LANDAU [A ASSOCIATES August 17, 2009 City of Kent Public Works Engineering 400 West Gowe Street Kent, Washington 98032 Attn Ken Langholz,Engineering Supervisor RE: SCOPF AND BUDGET PROPOSAL FOR ENGINEERING AND CONSULTATION SERVICES 72"u AVENUE SOUTH EXTENSION PROJECT KENT,WASHINGTON Dear Ken Landau Associates is pleased to present this proposed scope of services and cost estimate for our geoteclmical, environmental, and natural resources support services associated with the proposed extension of 72id Avenue Soutli across the western portion of the Western Processing Superfund site located in Kent, Washington The proposed scope of services presented below is based on discussions with and information provided by the City of Kent(City), the information discussed at the U S Environmental Protection Agency (EPA)/Washington State Department of Ecology (Ecology) (ie, Governments) meeting held with the Western Processing Trust Fund II(Trust)and City representatives on June 18,2009, and our past experience at the site PROJECT BACKGROUND We understand that the City plans to expand and extend the 72nd Avenue South roadway from the southern boundary of the Western Processing site (South 2000' Street), cross over Mill Creek using an 18- foot (ft)-diameter culvert, and extend the roadway across the Bayside Automotive property to connect with the existing intersection of 72!"Avenue South and South 196"' Street The industrial collector roadway will have a curb-to-curb width of 44 ft, and widen out to 58 ft approaching the intersection with South 1960' I Street We understand that the planned culvert crossing of Mill Creek has a final roadway elevation of 29 48 ft mean sea level (MSL), with the top and bottom of the 18-ft-diameter culvert at elevation 26 ft and 8 ft MSL,respectively(note that elevations based on NAVD 88 are approx 3 53 feet higher) An initial portion of the 72"d Avenue South roadway was constructed over the southwestem corner of the Western Processing site cap in 2000 That project was designed and constructed to facilitate access to I commercial buildings constructed just west of the roadway extension, and included both relocation of ENVIRONMENTAL I GEOTECNNICAt I NATURALRTSOURCES 130 2nd Avenue South-Edmonds'/0 9802D-(425)773d907•tax(425)778.6409•w. Iondau iccom SEAIILE • SPOKANE • TACOMA ' PORTLAND i i i utilities and construction within and over a portion of the existing site cap That existing portion of the roadway extension wilt be widened and extended north to the Mill Creek culvert crossing location Additional details regarding the Western Processing site areas associated with the proposed roadway extension are available in a variety of documents available from the Trust and the Governments, and are not I sununarized further in this proposal PROPOSED SCOPE OF SERVICES As requested by the City, our proposed scope of services includes geotechnicai engineering needed for roadway and culvert design, natural resources and permitting support associated with the proposed culvert crossing of Mill Creek,and environmental engineering associated with protection and modification of existing remedial features at the Western Processing site The associated scope tasks are discussed further in the following sections We understand that the scope of certain tasks may need to be modified during the course of the project as site conditions and projeat design activities are further defined We intend to coordinate closely with the City and adjust our scope tasks and reallocate our authorized budget between our scope tasks as appropriate to meet the needs and constraints of the project Task 1.0 Geoteehnical Consultation Services Landau Associates will conduct a limited geotechnrcal investigation to help characterize existing subsurface conditions along the roadway alignment north of Mill Creek and to support design of the Mill Creek culvert and other project earthwork activities Because the current plans for the roadway extension call for construction primarily on fill materials versus cuts into existing soil,a culvert crossing of Milt Creek, and containment of excavated soil within the planned roadway fill, our proposed geotechnrcal exploration scope is limited to review of existing data and implementation of a shallow test pit exploration program 1.1 Existing Data Review I We will collect and review readily available information related to geotechnrcal conditions along the roadway alignment that will likely affect planning and design of the roadway extension and the culvert crossing of Mill Creek i 1.2 Geoteehnicallnvestigation We propose to advance approximately five to six hand-excavated test pits to a depth of about 3-to O- ft below ground surface (BGS) along the roadway alignment adjacent to and north of Mill Creek to help estimate the depth of vegetation and organic matter to be cleared as part of roadway subgrade preparation The explorations will be coordinated and monitored by a Landau Associates geotechnrcal engineer or %tl'Jl09!tEmnd taiprolccisUJ4!Q92-]MdAve 9RxtVE�grSav�as-Awlyeod,te LANDAU AssOCIATEe 2 I i engineering geologist Relatively disturbed soil samples will be collected from the test pits at selected depth intervals, and a detailed field log will be prepared of the subsurface conditions encountered at each exploration location The soil samples will be returned to our laboratory for further exammation, classification, and testing We have assumed that excavated materials can be used to backfitl the test pits, and that restoration of the ground surface at each test pit location will be limited to that typically achieved by an experienced backhoe operator Laboratory testing is expected to consist of natural moisture content determination and grain-size classifications or Atterberg Limits determinations on selected representative soil samples 1.3 Geotectutical Evalriarioii rout Reporting The above geotechnical data and observations,supplemented with our review of previous subsurface data, will be used to develop our geotechnical engineering recommendations for the roadway extension project. Our findings and geotechnical engineering recommendations will be summarized in a written report that will contain the following mforinauon • A site plan showing pertinent existing site features and the approximate locations of the subsurface explorations relied on for the project, we will use the site base map and topographic inf'onmiion provided by the City to prepare this site plan • Logs of the available soil explorations • A summary of soil and groundwater conditions anticipated along the roadway alignment • Recommendations for general site preparation and carthwork, roadway subgrade preparation, grading and drainage,and reuse of site soil as fill materials • Recommendations for the foundation support and backfilling of the Mill Creek culvert,as well as for temporary diversion of creek flows during culvert installation • Seismic considerations, including an initial evaluation of the liquefaction potential of soils along the alignment • Utility trench excavation and backfilling considerations. • Recommendations for support of light poles on shallow spread footings • Procedures for excavation,material handling, and restoration of areas where intrusive earthwork over the existing site cap is required. • Recommendations for monitoring of certain earthwork activities during construction We will provide a draft of our geotechnical report to the City for review prior to submittal of our final report 6/1 t109\\erLnd�tayrro�ttuV3aN92-'12nfl Arc SPxttPngr Serous Rsviyro doc LANDAU AssoctATEs 3 I i Task 10 Natural Resources and Permitting Support Services This task includes providing natural resources and permitting support services associated with the I proposed culvert crossing of Mill Creek We understand that the City will take the lead to project permuting activities, including preparation of the State Environmental Policy Act(SEPA) checklist and a Joint Aquatic it Resources Permit Application(JARPA) for the project along with documentation associated with obtaining a U S Army Corps of Engineers (USAGE) Section 10/404 perrmt, a Hydraulic Project Approval (HPA) from the Washington Department of Fish and Wildlife (WDFW), and a Section 401 Water Quality Certification from Ecology for in-water construction activities m Mill Creek I 2.1 Biological Assessment and Essential Fish Habitat Evaluation Landau Associates will initially review the existing Biological Assessment (BA) and Essential Fish Habitat(EFH) evaluation report prepared for the existing South 196`I' Street crossing of Mill Creek,a copy of which we understand will be provided by the City Landau Associates will then prepare a project-specific BA for selected species listed as threatened or endangered in the project area under the Endangered Species Act (ESA) and an EFH evaluation required as part of the USAGE Section 10/404 permit We will obtain updated species lists from agency websnes and also request site-specific species and habitat information from the WDFW priority habitats and species database Evaluation of specific project details (such as construction techniques and equipment used,timurg of construction, temporary sediment and erosion control measures, and best management practices) will be based on information provided by the City Information on the amount of new impervious surfaces, stormwater detention, and stomiwater quality treatment will also be based on information provided by the City However,we currently understand that existing stormwater management facilities located on either end of the project area have been sized to accommodate stormwater runoff from the new roadway segment We also understand that portions of the protect area could potentially be considered wrthm the 100-year floodplain, depending upon the results of floodplani maps that are currently being updated Landau Associates will prepare a draft BA and EFH report for review by the City, address review comments, and then issue a final document for use by the City In developing our estnuated budget for this task,we have assumed the following • The project will have"no effect"on or"may affect,not likely to adversely affect"fisted species j or their designated critical habitat, and a formal Biological Opinion will not be required The project will have no unpact to F,FH 0 Meetings with agency staff from the US Fish and Wildlife Service (USFWS) or National Oceanic and Atmospheric Administration(NOAA)Fisheries are not included in this task AlIA09 SpbnNoa�prgx�sVf45402-7Dd AvaS ExtlCngrSm,<esReviymdx t-ANDAu AssoCIATES 4 - i The Mill Creels culvert will be designed in accordance with WDFW guidance for fish passage, as necessary • In-water construction within Mill Creek will occur during appropriate work windows • Necessary design and construction details will be provided by the City Such elements include, but are not limited to, grading plans and details, limits of clearing and grading, sediment and erosion control plan and features, proposed construction timing, sequencing, and duration, and primary types of construction equipment to be used • This task does not include efforts to perform a 6-month update of species listings,if necessary 2.2 SEPA Checklist Landau Associates will assist the City, as requested, during preparation of the SEPA Checklist for the project Because the City will be the lead agency for project permitting, our budget for this task assumes a relatively hunted level of effort to support the City during preparation of the SEPA Checklist and summarizing theproject's effects on elements of the environment 2.3 Permitting Support We currently understand that work associated with installation of the proposed culvert in Mill Creek will require a Section 161404 permit from the USACE, an HPA from WDFW, and a Section 401 Water Quality Certification from Ecology Landau Associates will assist the City, as requested, during preparation of the JARPA form and supporting documentation required to obtain the necessary project permits Because the City will be the lead agency for project permitting, our budget for this task assumes a relatively limited level of effort to support the City's project permitting activities We have assumed that Landau Associates will participate in a pre- application ineetnrg with OSACE,WDFW, Ecology,and other agency representatives to discuss planned in- water construction activities We have also assumed that we will assist the City in justifying use of a culvert versus a bridge crossing of Mill Creek We understand that the City will submit the notice of intent to obtain a Construction Stormwater General Permit from Ecology for discharge of construction stonnwater Task 3.0 Remedial Engineering Support Services Landau Associates will assist the City in coordinating with the Trust and the Governments regarding design of the roadway extension across the Western Processing site,and determining appropriate methods to proteeVniodify/relocate existing remediatron features that could be affected by the roadway project, as generally summarized below BIYJ9 hldnMaia�prq<ak��ig100t-42nd AveS rxQAngr Savwea-ftevtym doe LANDAU Asso CIATE6 5 i 3.1 Existing Site Features Evaluation Landau Associates will coordinate with the Trust and review the location and elevation of existing i Western Processing site features within the roadway alignment This information will be used to help evaluate the requirements for protecting,modifying,or relocating existing remediation features 3.2 E.xistingEnvirownental Data Review Landau Associates will review readily available data regarding the level of chemical constituents that may be present in site soil that is likely to be disturbed by project construction This includes obtaining available reports from Ecology regarding existing environmental conditions at the Bayside Automotive property located between Mill Creek and South 196"Street 3.3 RoadivayExtensiou Work Platt Landau Associates will prepare the project work plan that is required to be submitted to the Trust and the Governments for review and approval The plan will generally describe the work associated with design and construction of the roadway extension, and will summarize the measures to be taken to protectlinodifylrelocate existing remediation features that could be affected by the roadway project It has been assumed that only one project work plan that summarizes design and construction of the roadway extension across the Western Processing site will need to be prepared because the project design plans and specifications will also be submitted to the Trust and the Governments for their review and concurrence A draft work plan will be submitted to the`Crust and the Governments for review and comment, and a final work plan will be prepared and submitted after review comments are addressed 3.4 Design Engineering,Drawings,and Specifications The City will lead the project design effort and prepare the project contract documents and drawings i and specification package We understand that the City will conduct all hydraulic evaluations associated with the proposed culvert crossing of Mill Creek, evaluate stormwater management provisions for the roadway protect, and prepare the project construction stomnvater pollution prevention plan (SSirrPPl>) Landau Associates will assist the City during preparation of selected drawings and specifications and associated plans related to protecting, modifying, or relocating certain site remediation features, as well as for maintaining adequate health and safety, quality assurance/quality control (QAiQC), and environmental protection measures during construction This task includes assistance in correlating the City's horizontal coordinate system with the existing Western Processing local coordinate system. We understand that the City will likely agree to have the Trust implement certain modifications to selected site remediation features rather than having the selected construction contractor conduct such i 1 &I'It09\1FAmdeia ucCtt3kNO2-'t dAYcSP.xl y tp.i 7n tFS�grScmns-Reel rodx LANDAU.ASSOCIATES I 6 I i i activities We will assist the City in coordinating such project work activities outside of the City's roadway construction contract 3.5 Project 1liettling and Constrnetiou Monttoring Siipport This proposal does not include a scope or budget for any project bidding support or construction monitoring services. Those services can be provided, if desired, as a supplemental scope of services and budget Task 4.0 Project Meetings,Coordination,and Project Management Landau Associates will attend project meetings, coordinate with the City, the Trust, and the Governments(as appropriate),and provide project management activities as summarized below 4.1 Design Meetings We have assumed that we will participate in up to five 2-hour project team coordination meetings at the City's offices in Kent We anticipate that these meetings will be held to discuss the status of our authorized tasks,project design alternatives/options,and issues and constraints that may affect planning and design for the project 4.2 Trust and'Governments Meetings We have assumed that we will participate in up to three 3-hour project meetings at the Trust's office at the Western Processing site It is anticipated that such meetings will include site walks to review the location of the roadway and Mill Creek culvert alignment relative to existing remedial features at the site 4.3 Coordination This task includes ongoing communications and coordination with the City and Trust representatives, and participation in project conference calls 4.4 Project Management This task includes our project management and invoice review activities, as well as staff scheduling and coordination associated I SCIIEDULE C'.ONSIDERNHONS We understand that the City intends to design the project in late 2009tearly 2010 with a goal of project construction in 2010 The project schedule will likely be subject to any delays associated with ..='i�ia0�iaVmi &33 002-and Ave 5 Cx6iWSmmo-Revl_Xmdw LANDAD AssociATES I i obtaining the necessary project permits. We propose to work closely with the City and will strive to meet the City's overall project design and construction schedule ESTMATED COST I We propose to provide our proposed services on a time and expense basis according to the estimated budget set forth below and our attached 2009 compensation schedule and equipment/supply rate schedule It is somewhat difficult to anticipate the level of effort that might be required to complete certain scope tasks However, as project requirements change or unexpected conditions are disclosed that appear to require further field effort, study, or analysis, we will contact you and seek your approval for modification to our authorized scope of services and budget, as appropriate We will coordinate closely with the City and will adjust our scope of services and reallocate our authorized budget amounts between certain scope items as appropriate to help meet the needs and constraints of the project We currently estimate the cost for our proposed scope of services will be approximately 885,600 in general accordance with the followmg breakdown for Tasks 10 through 4 0, based on the assumed level of effort and costs presented in the attached budget spreadsheet Task 10 Geotechmcal Consultation Services 1 1—Existing Data Review $1,900 1 2—Gootechnical Investigation $2,900 1 3—Geotechmcal Evaluation and Reporting $9,200 Task 10 Cost Estimate $14,000 Task 2 0 Natural Resources and Permitting Support 2 1—Biological Assessment and Essential Fish Habitat Evaluation $12,500 2 2—SEPA Checklist $1,300 2 3—Permitting Support $4,200 Task 2 0 Cost Estimate. $18,000 i Task 3 0, Remedial Engineering Support Services 3 1—Existing Site Features Evaluation $3,600 32—Existing Environmental Data Review $2,200 3 3—Roadway Extension Work Plan $18,900 34—Design Engineering,Drawings,and Specifications $11,500 I 3 6—Protect Bidding and Construction Mondonng Support -- Task 3.0 Cost Estimate $36,200 V17/(9 PYgmdwaVMr:uVMU2-72o Ave SrixLi ge SeMCa-xari,pmda LANDAn JissocrATEs 8 i i i I Task 4.0: Meetings,Coordination,and Protect Management 4 1-Design Meetings $4,700 4 2-Trust and Governments Meetings $2.900 4,3-Coordination $5,500 ICI 4 4-Protect Management $4,300 Task 4A Cost Estimate: $17,400 III Tasks 1.0 through Task 4,0-Total Cost Estimate: $85,600 I AUTHORIZATION We anticipate that a Consultant Agreement between the City and Landau Associates will be prepared to formalize our working relationship on this project. Please let us know how we can assist you in that process We appreciate the opportunity to work with the City of Kent on this project Please contact us at 425-778-0907 or email us at ci tscherrrlandauiaccom and dstettleiailandaume.com if you have any questions regarding our proposed scope of services and budget for this phase of the pi oject. LANDAU ASSOCIATES,INC C� ' David A.Pischer. P E Senior Associate �r Demos R Stealer,P E Principal DAP/SJQ/DRS/kes 334002 Attachments, 2009 Compensation Schedule Equipment/Supply Rate Schedule-2009 Budget Spreadsheet I 811W IdnJmplcxa,ii4 Wn,rM All S ru LnV Ienlla-Revsp &C t.ANnAu ASSOCIATES � I I� LANDAU COMPENSATION SCHEDULE — 2009 AssochATEs Personnel Laborhourly Rate Principal 190 Semor Associate 172 Associate 155 Semor 140 GIS Specialist 130 Semor Project 127 I Project 117 GIS Analyst Ito Senior Staff 104 Semor CAD 93 Staff I Semor Technician II 92 Assistant/Senior Technician 1 $2 Project Coordinator so CAD/GIS Technician 75 Technician 71 Support Staff 60 Expert professional testimony in court, deposition, declaration, arbitration, or public testimony is charged at 15 times the hourly rate Rates apply to all labor,including overtime Technical disciplines include Biologist, Chemist, Engineer, Environmental Planner, Geochemist, Geologist, Hydrogeologist,Hydrologist,Risk Analyst,Scientist Equipment Field, laboratory and office equipment used in the direct performance of authorized work is charged at unit rates A rate schedule will be provided on request ) Subcontractor Services and Other Expenses Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services will normally be charged at a rate of cost plus a twelve percent(12%) handling charge A higher handling charge loi technical subconsultants and for high-risk field operations may be negotiated on an I individual project basis, similarly, a lower handling charge may be negotiated on projects requiring disproporhonally high subconsultant involvement Invoices Invoices for Landau Associates'services will be issued monthly Interest of 1'h percent per month(but not exceeding the rnaxniium rate allowable bylaw)will be payable on any amounts not p,ud within 30 days Term Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our compensation rates over time(e g,long-term continuing projects) 7117109 AEdMdaiffipreiet19101R002-72nd Ave a Ex=09COMPEN$A7ION SCHEDULE dm LANDAU AsSOCfATES LANDAU EQUIPMENT & SUPPLIES RATE SCHEDULE —2009 AssociArEs F - Traffic Cones 2 00 Day Daily Reid Equipment Charges 2000 Day Traffic Signs(Shoulder Road Work) 5000 Day Au Compressor 4000 Day Vane Shear Equipment 40 OD Day Arc Velocity Meter 5000 Day Water Infiltration Testing Equipment 20 00. Day Anderson Sampler 7000 Day Water Level Indicator 25 00 Day Archaeology Field Kits 1000 Day Weed Whacked Brush Cutter 20 00 Day Archaeology Subsurface Kit 2500 Day Wetland Field Kit 30 00 Each Autolevel wiTnpod and Rod 1500 Day Bailer-Stainless Steel PVC 1000 DayBeach Seine 7500 Day Absorbent Pads(i 6"x 18") 0 75 Each Benthic Seving Equipment 4540 Day Bailer-Rope 010 Fool Camera-Video 3500 Day Brass Lock _ 1o00 Each Videocassette 1000 Each Buckets with Lids �500 Each Camels 35 rum 1000 Day Cloth Sample Bag-Small 070 Each Film(35 mm) 500 Each Cloth Sample Bag-Large 300 Each Camera-Digital 1000 Day Disposable Bader-Regular 800 j Each Computer,Portable 3500 Day Leeks 10 CO I Each Density Equipment-Nuclear Donsometer 5000 Day Locking Well Seal(2-inch) 13 CO Each Density Equipment-Sand Cone 2000 Day Free Product Sampler 300 Each Ekman Grab 4500 Day Groundwater Filter(40 micron) 1700 Each_ Ensys Field Test Kit-PCB(TPH 100 00 Day Peristaltic-Tubing Union Fittings 230 Each Fathometer 2000 Day Peristaltic-Master Flex Tubing 500 Foot Flow Cell-Low Flow 500 Day Peristaltic-Poly Tubing%inch 035 Foot Flow Restrictor _ 1500 Day Peristaltic-Poly Tubing%inch 045 Foot Generator-Honda EZ3500 5000 Day Peristaltic-Poly Tubing%inch 025 Foot CPS-Trimble ProXRS/GeoXT 11000 Day Peristaltic-Poly Tubing%inch 020 Foot Groundwater Datalogger 4000 Day Shelby Tube Soil Seals 1000 Each Hand Level 500 Day Spray Marking Paint 500 Each Kemmerer Sampler 4000 Day Soil Sample Chip Trays 4 00 Each Magnemmic Gauge Set 3000 Day Survey Flagging 3 00 Each Meter-Dissolved Oxygen 4000 Day Survey Stakes 060 Each Meter-HAM Aerosol Monitor 6000 Day Tedlar Bags 1600 Each Meter-YSI Multi GW Sensor 7500 Day Watlem Foot Valve 2500 Each Meter-LEUH2S/O2-MUIhGas 7500 Day Wetland Stakes 10 Each Meter-pH/Cond(Temp Cole Parmer-10 3000 Day Won Spore Trap Media 1000 Each Meter-PIDs 6000 Day Easy Draw Syringe 225 Each (deter-ORP 1 Turbidity 3000 Day Encore Sampler 950 Each "No Park"Signs 2 OD Day Free Product Sampler 300 Each Oil-Water Interface Indicator 6000 Day Peat Probe 600 Day Poly Tank or Drum 1000 Day Gloves-Nitrite -_- 020 Each Pump-Bladder 4000 Day Gloves-Scorpio 650 Pair Bladder Pump Controller 6000 Day Gloves-Solvex,Elbow 1000 Pair Pump-Praeger or Sensidyne 1000 Day Gloves-Solana,Standard 360 Pair Pump-Honda 3500 Day Protective Suit-Saranex 1900 1 Each Pump-Pensfalbc 3500 Day Protective Suit-Tyvek 750 Each Pump-Purge 12 Volt 1600 Day Protective Boot Cover-Tyvek 050 Pau Pump-Redi Flow 2 10000 Day Protective Boot Cover-PVC _ 600 Pair Pump-Redi Flow Controller 3000 Day Respirator Cartridge 1000 Each Respirator 5 00 Day Scale--Field Gram and Pound 500 Day Shop Vac 2500 Day Mileage I_R_S Rafe Mile Snit Hand-Auger Equipment 1500 Day Vehicle Use 4000 1 Day Soil Split-Barrel Sampler Kit(Dames$Moore) 2500 Day Soil Samples(Rings)-each 600 Each Stream Dip Net 600 Day Moisture Content 1a 00 Each Surber Benthic Sampler 5000 Day Unit Weight 20 00 Each Surge Blocks 300 Day 7/11199 QEdmdanAar0je45i3a hW2-72nd Aye 8 ExO2009 Equipment&Supplies Rate Schedule dac LANOAU ASSOCIATES i LANDAU ,', EQUIPMENT & SUPPLIES RATE SCHEDULE — 2009 nssc>cLa cs 7—cEo—mPaction mits 95 00 i Each Computer Use CAD DesignlGIS 15 00 Hour lysis 80 00 Each Advanced Engineering Sollware 20 00 Hour lysis—Large Sample 120 00 Each Copies 0 12 Page Sieve 4500 Each Copses—Color 050 Page r 11000 Each Plotter Copies—BEW 125 Sq Ft Analysis 180 00 Each Plotter Copies—Color 250 Sq Ft n Test 17500 Each CDsfDVOs 200 Each Report Combs/Covers 400 1 Set Weekly/monthly rates can be established upon request for extended uses Charges for other special equipment and supplies are to be determined on an as-needed basis I I I i i 7117109 sEdn)*AaiprgectsW4=2.72nd Ava 5 EM12049 EgWpmeM&Supplies Rate ScheGWa doc LANDAU ASSOCIATES i EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS i 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 Scope of Insurance Contractor shall obtain insurance of the types described below: 1. 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. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following Insurance limits: j 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. i I XHIBIT B (continued) 2. Commercial General Liability Insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. I 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 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 Insurance: 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 mad, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured 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. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. 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 insurance requirements of the Contractor before commencement of the work. i EXHIBIT 6 (Continued) I F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or j 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. i I �I II LAN38241 AC®RD,' CERTIFICATE OF LIABILITY INSURA!"i DDDIYY ATEt 6/ 6/20092811 M PRODUCER THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION Commercial Lines-(206)701-5000-CALft OS31007 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wells Fargo Insurance Services Northwest Inc HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR PO Box 91143 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Seattle,WA 98111-9243 INSURERS AFFORDING COVERAGE NAIL N INSURED Landau Associates,Inc INSURERA Phoenix Insurance Company 25623 Mr Dennis Hobbs INSURERB Lexington Insurance Company 19437 INSURER C 1302nd Avenue S ' INSURER D Edmonds,WA 98020-9129 -_ - INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER OCCULTER 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFECTIVE POLICY EXPIRATION LTft NSR TYPE OF INSURANCE PODCV NUMBER M DATE IMMro0IYYt LIMITS A BENERALLIABIUTY 6802587L716 07101/09 07101/10 EACH OCCURRENCE $ 1,000 wo DAMAGE TO RENTED TXWA MMERCIAL GENERAL LIABILITY P $ 1,ODU,000 CLAIMS MADE El OCCURMEO EXP ony one parser) $ -0000 Step Gep PERSONAL S ADV INJURY $ 1,000,000 GENERA.AGGREGATE $ 21000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ 2000000 POLICY X JPECT Lon A AUTOMOUILELIAS1UFY BA259OL352 D7/01109 07/01110 COMBINEDSINGLE LIMIT X ANYAUTO (Ea aaldent) $ i,00Lear) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Perperacn) S X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accWeoi) PROPERTY DAMAGE $ {Per acWanil GARAGE LIABILITY AUTOONLY FAACCIDENT $ ANY AUTO OTHER THAN FA ACC $ AUTO ONLY AGO S EXCESSIUMB BELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE S S DEDUCTIBLE $ RETENTION If If WORKERS COMPENSATION AND TWO STATU- OTH, EMPLOYERS'LIABILITY EL EACH ACCIDENT $ ANY PROPRIETO WPARTNER/EXECUTIVE OFFICOWRABER EXCLUDED? EL DISEASE-EA EMPLOYEE $ If Yes,descnbe under SPECIAL PROVISIONS bebw FL DISEASE POLICY LIMIT $ OTHER B Professional Liability 007880214 12/31/08 12MI109 $i 000000 Per CE..1$2,00.000 ASgrcQate DESCRIPTION OF OPERATIONS f LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT r SPECIAL PROVISIONS CG 03 79 09 07,CGD381 09 06 City of Kent Is an additional Insured for work performed by Landau Associates Under the agreement for engineering Consultant services on the 72nd Ave South Extension Pro/ect CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non-Payment I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILLENDEAVOR TO MAIL 4$ DAYSWRITTEN City of Kent NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO OD So SHALL Alm Nancy YoshKake IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,TSAGENTS OR 400 West Gowe REPRESENTATIVES Kent, WA 98032 AUTHORIZED REPRESENTATIVE jJ Q ACORD 25(2001/08)1 of 2 760471 0 ACORD CORPORATION 1988 i IMPORTANT If the certificate holder is an ADDITIONAL. INSURED,the policy(tes)must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) i If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate j holder in lieu of such andorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing msurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon i II ACORN 25-s(2001108) 2 of 2 #50152601M015043 i cvMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECT'S, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART I 1. WHO IS AN INSURED(Section 11)is amended to However, if you specifically agree in a"contract or include any person or organization that you agree agreement requiring Insurance"that the Insurance in a "contract or agreement requiring Insurance" provided to an additional insured under this Cov- to Include as an additional insured on this Cover- erage Part must apply on a primary basis, or a age Part, but primary and non-contributory basis,this insurance a. Only with respect to liability for"bodily injury", is pnmary to other insurance that Is available to "properly damage"or"personal injury",and such additional insured which covers such addt- tional Insured as a named insured, and we will not b. If the injury or damage arises out of the per- share with the other Insurance, provided that formance, by you or your subcontractor, of "your work" to which the "contract or agree- (1) The "bodily injury" or "property damage" for ment requiring Insurance" applies Such per- which coverage is sought occurs, and son or organization does not quality as an (2) The "personal injury" for which coverage is additional insured with respect to their Inde- sought arises out of an offense committed; pendent acts or for "bodily injury", "property offer you have entered into that "contract or damage" or "personal injury" for which that agreement requiring insurance" But this Insur- person or organization has assumed liability ante still is excess over valid and collectible other in a contract or agreement insurance, whether primary, excess, contingent or 2. The insurance provided to the additional insured on any other basis,that is available to the insured by this endorsement is limited as follows when the insured is an additional insured under a. This insurance does not apply on any basis to any other insurance ° any person or organization for which cover- 4. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part DITIONS(Section IV)- b. This insurance does not apply to the render- We waive any rights of recovery we may have m� Ing of or failure to render any "professional against any person or organization because of services" payments we make for "bodily injury", "property °= C. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your _—_ tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed to provide in that "contract or agree- a"contract or agreement requiring insurance"with P" ment requiring insurance", or the limits shown that person or organization We waive these in the Declarations for this Coverage Part, rights only where you have agreed to do so as whichever are less This endorsement does part of the "contract or agreement requiringmsur- °� not increase the limits of insurance stated in once" with such person or organization entered the LIMITS OF INSURANCE (Section IN)for into by you before, and in effect when, the "bodily -� this Coverage Part injury" or "properly damage" occurs, or the "per- sonal injury"offense is committed u 3 The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL 6. As respects the insurance provided to the addl- LIABILITY CONDITIONS (Section IV) banal insured by this endorsement, the following definition is added to DEFINITIONS(Section V) CO D3 8109 06 is,2006,The lit Paul Travelers insurance Companies,Inc Page 1 of 2 lmludes eopynghted matenal of Insurance Serves Office,Inv,with its Permission ooeai r COMMERCIAL GENERAL LIA6,-tTY i "contract or agreement requiring insurance" a. After you have entered into that contract or means that part of any contract or agreement un- agreement; der which you are required to include a person or b. While that part of the contract or agreement Is organization as an additional Insured on this Cov- in effect, and erage Part, provided that the "bodily injury" and c. Before the end of the policy period "property damage" occurs, and the "personal in- jury"Is caused by an offense committed. All other terms of your policy remain the same. sill i i I Page 2 of 2 02006,The St Paul Travelers Insurance Companies,Inc CIS 03 8109 06 � Includes copyrighted material of Insurance Services office,Inc,with its permission. i L COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A.—T. and V. of this endorsement broaden coverage. Provisions U, and W. of this endorsement may limit coverage. The following listing Is a general coverage description only. Limitations and exieluslons may apply to these coverages, Read all the PROVISIONS of this endorsement carefully to determine rights,duties, and what is and is not covered. A Broadened Named Insured N. Additional Insured — Architect, Engineer Or S. incidental Medical Malpractice Surveyor C. Reasonable Force — Bodily Injury Or Property O. Who Is An Insured—Newly Acquired Or Formed Damage Organizations D. Non-Owned Watercraft— Increased To Up To 78 P. Who is An Insured — Unnamed Partnership Or feet Joint Venture—Excess E. Aircraft Chartered With Crew Q. Per Project General Aggregate Limit F. Extension Of Coverage — Damage To Premises R, Knowledge And Notice Of Occurrence Or Rentod To You Offense 0. Malicious Prosecution — Exception To Knowing S. Unintentional Omission Violation Of Rights Of Another Exclusion T, Waiver Of Transfer Of Rights Of Recovery H. Medical Payments Limit Against Others To Us When Required By Con. 1. Increased Supplementary Payments tract Or Agreement U. Amended Bodily Injury Deflndlon Of Pre , J. Pre al Insured — Owner, Manager Or Lessor V. Amended Insured Contract Definition — Railroad OF Premises Easement K. Additional Insured—Lessor Of Leased Equipment W' Amended Property Damage Definition—Tangible L. Additional insured — State Or Political Subdivl- Property slop—Permits Relating To Premises X. Additional Definition — Contract or Agreement M. Additional Insured — State Or Political Subdivl• Requiring Insurance scans—Permits Relating To Operations i PROVISIONS coverage for any such additional organization A. BROADENED NAMED INSURED will cease as of the dale, if any, during the policy period, that you no longer are the sole 1. The Named Insured in Item 1. of the Com• owner at, or maintain the majority ownership mon Policy Declarations Is amended as to]- Interest in,such organization. lows' 2. This Provision A, does not apply to any per. The person or organization named In Item 1, son or organization for which coverage Is ex. of the Common Policy Declarations and any eluded by another endorsement to this Cov. organization, other than a partnership, joint erage Pan venture, limited liability company or trust, of B. INCIDENTAL MEDICAL MALPRACTICE which you are the sole owner or in which you maintain the majority ownership interest on 1. The following Is added to Paragraph 1.Insur- the effective date of the policy However, ing Agreement of COVERAGE A BODILY i CO 03 79 0 07 0 24D7 The Travelers Companles,he, Page 1 of a i r• I COMMERCIAL GENERAL LIASILI i'Y INJURY AND PROPERTY DAMAGE LI- C. REASONABLE FORCE— BODILY INJURY OR ABILITY In COVERAGES(Section 1): PROPERTY DAMAGE "Bodily injury" ansng out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render, "first aid" or"Good Sa- Paragraph 2. Exclusions of COVERAGE A martian eatvtces" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE co.'employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section I) Is de- deemed to be caused by an "occurrence", leted and replaced by the following For the purposes of determining the appbca- Expected Or Intended Injury Or Damage bte limits of Insurance, any act or omission "Bodily injury" or "property damage" expected or together with all related acts or omissions in nlended from the standpoint of the Insured. This the furnishing of the services to any one per. exclusion does not apply to "bodily injury" or son will be deemed one 'occurrence 2. As used in this Provision B. "property damage"resulting from rho use of rea- 8enabie force to protect any person or property. a. "First aid" means medical or nursing set- D. NON-OWNED WATERCRAFT — INCREASED vice,treatment, advice or instruction;the TO UP TO 75 FEET related furnishing of food or beverages, 1, The exception contained in Subparagraph(2) the furnishing or dispensing of drugs or of the Aircraft, Auto or Watercraft Exclu- medical supplies or appliances; sion in 2, Exclusions of COVERAGE A b. °Good samaritan services" means those BODILY INJURY AND PROPERTY DAM. medical services tendered or provided in AGE LIABILITY In COVERAGES (Section I) an emergency and for which no remu- is deleted and replaced by the following neration Is demanded or received. (2) A watercraft you do not own that is: 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- (a) Less than 75 feet long;and SURED (Section II)does not apply to any of your "employees", who are not employed as (b) Not being used to carry persons or a doctor or nurse by you, but only while per- property for a charge; forming the services described in Paragraph 2. Only as respects the insurance provided by .9� 1. above and while acting within the scope of this Provision D., WHO IS AN INSURED their employment by you, Any such"employ- (section II) Is amended to inGudo as an ro- ees" rendering "Goad Samaritan services" sured any person who, with your expressed will be deemed to be acting within the scope or Implied consent, either uses or Is respoh- <� of their employment by you, sible for the use of the watercraft. 4. The fallowing exclusion is added to Para- 3, The insurance provided by this Provision D, graph 2. Exclusions of COVERAGE A SOD- shall be excess over any valid and collectible ILY INJURY AND PROPERTY DAMAGE other Insurance available to the Insured, ,Mala LIABILITY in COVERAGES (Section 1): whether primary, excess, contingent or on -gig Safe of Pharmaceuticals any other basis, except for insurance pur- "Bodily injury" or"property damage" ads chased specifically by you to apply In excess trig out of the willful violation of a penal of the Limits of Insurance shown in the Dacia- statute or ordinance relating to the sate of rationsfor this Coverage Part pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED WITH CREW knowledge or consent of the insured, i. The following is added to the exceptions con- orr 6, The insurance provided by this Provision B. tamed in the Aircraft, Auto Or Watercraft M shall be excess over any valid and collectible Exclusion in Paragraph 2, Exclusions of "9� other insurance available to the Insured, COVERAGE A BODILY INJURY AND m whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY in COV- any other basis, except for insurance pur- ERAGES(section p: = chased specifically by you to apply in excess Alrcraft chartered with crew, including a pilot, of the Limns of Insurance shown in the Dacia- to any insured. rations for this Coverage Part. Page 2 of 5 0 20D7 The Travelers Compahias,Ino. CG D3 79 09 07 aoacxa I II I , I I COMMERCIAL GENERAL LIABILITY i 2. This Provision E. does not apply If the char- any one premises while rented to you. or tered aircraft is owned by any insured, temporarily occupied by you with permission 3. The Insurance provided by this Provision E. of the owner, caused by fire,explosion;light- shall be excess over any valid and collectible ning, smoke resulting from such fire, explo- other Insurance available to the insured, sion, or lightning; or water, The Damage To whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other bests, except for insurance pur- all "property damage" proximately caused by chased specifically by you to apply in excess the same 'occurrence", whether such dam- of the Limits of insurance shown in the Deals. age results from fire; explosion; lightning; smoke resulting from such fire, explosion, or rations for this Coverage Part. lightning; or water; or any combination of any F. EXTENSION OF COVERAGE — DAMAGE TO of these causes, PREMISES RENTED TO YOU The Damage To Premises Rented To You 1. The last paragraph of COVERAGE A BOD- Limit will be the higher of: ILY INJURY AND PROPERTY DAMAGE a, $1,000,000;or LIABILITY In COVERAGES (Section 1) is deleted and replaced by the following; b. The amount shown for the Damage To Exclusions c.through n.do not apply to dam- Premises Rented To You Limit in the age to premises while rented to you, or tem- Declarations for this Coverage part, porarily occupied by you with permission of A. Paragraph a.of the definition of"Insured van- the owner,caused by tract"in DEFINITIONS (Section V)is deleted a. Fire; and replaced by the following; b. Explosion; a. A contract for a lease of premises, How- ever, that portion of the contract for a c. Lightning; lease of premises that Indemnifies any d. Smoke resulting from such fire, explo- person or organization for damage to slot),or lightning;or premises while rented to you, or tempo- s, Water, ranly occupied by you with permission of orate limit of insurance applies to this the owner, caused by: fire; explosion; A separate pp lightning, smoke resulting from such fire, coverage as described In LIMITS OF IN- explosion, or lightning, or water is not an SURANCE(Section NI), "insured contract"; 2. The insurance under this Provision F. does S. This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you with COVERAGE A BODILY INJURY AND permission of the owner,caused by. PROPERTY DAMAGE LIABILITY In COV- a. Rupture, bursting, or operation of prea- ERAGES (Section 1)Is excluded by another sure relief devices; endorsement to this Coverage Part. b. Rupture or bursting due to expansion or G. MALICIOUS PROSECUTION—EXCEPTION TO swelling of the contents of any building Or KNOWING VIOLATION OF RIGHTS OF AN- structure,caused by or resulting from wa• OTHER EXCLUSION ter,or The following is added to the Knowing Violation c. Explosion of steam boilers, steam pipes, Of Rights Of Another Exclusion In 2. Excfu- steam engines,or steam turbines, sions of COVERAGE B PERSONAL INJURY, 3. Paragraph 6, of LIMITS OF INSURANCE ADVERTISING INJURY AND WEB SITE IN- (Section 111) Is deleted and replaced by the JURY LIABILITY of the WEB XTEND LIABILITY following: Endorsement: Subject to 6. above, the Damage To Pram- This exclusion does not apply to"personal injury" ises Rented To You Limit Is the most we will caused by malicious prosecution, pay under Coverage A for the sum of all damages because of "property damage" to i CG D3 79 09 07 0 2007 The Travolers Comnanlae,Inc, Page 3 of 8 i i a COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LiMIT (2) Any structural alterations, new con- T'he Medical Expanse Limit shown In the Deolara- struction or demolition operations tions for this Coverage Part Is increased to performed by or on behalf aP such $10,000, additional insured;or 1. INCREASED SUPPLEMENTARY PAYMENTS (3) Any premises for which coverage is excluded by another endorsement to Paragraphs 1.b. and 14. of SUPPLEMENTARY this Coverage Part, PAYMENTS — COVERAGES A AND B In COV- 3. This Provision J. does not apply on any ERAGES(Section 1)are amended as follows: bases to any person or organization for 1. In Paragraph Ch.,the amount we will pay for which coverage as an additional insured the cost of bats bonds Is Increased to$2500_ specifically is added by another en- 2. In Paragraph i,d„ the amount we Will pay for dorsement to this coverage Part• loss of earnings is Increased to$500 a day K, ADDITIONAL INSURED — LESSOR OF J. ADDITIONAL INSURED —OWNER, MANAGER LEASED EQUIPMENT OR LESSOR OF PREMISES 1. WHO 15 AN INSURED (Section 3) Is 1, WHO 1s AN INSURED (Section 11) is amended to include as an insured amended to include as an insured• Any person or organization that you have Any person or organization that you have agreed in a contract or agreement to include agreed In a contract or agreement to include as an additional insured on this Coverage as an additional Insured on this Coverage Part,but: Part, but: a. Only with respect to liability for"bodily In- a. Only with respect to liability for"bodily In- jury"or"property damage"that occurs,or Ivry' or"property damage"that occurs, or "personal Injury" caused by an offense "personal injury" caused by art offense committed, after you have entered into committed, after you have entered Into that contract or agreement,and that contract or agreement;and b, Only if the"bodily injury","property dam- le. Only if the"bodily injury', "property dam- age" or "personal injury" is caused, in age" or "personal Injury" is caused, In whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any person or organization per. you or any person or organization per- forming operations on your behalf, in the forming operations on your behalf, and maintenance, operation or use of equip- arises out of the ownership, maintenance ment leased to you by such additional In- or use of that part of any premises leased sured. a� to you undorthat contract or agreement. 2. The insurance provided to such additional _ 2, The insurance provided to such additional insured under this Provision K, Is subject to insured under this Provision J. Is subject to the following provisions: the following previsions: a. The limits of insurance afforded to such a. The limits of Insurance afforded to such additional Insured shall be the limits additional insured shall be the limits which you agreed to provide in the con- which you agreed to provide In the con- tract or agreement, or the limits shown In " tract or agreement, or the limits shown In the Declarations for this Coverage Part, h the Declarations for this Coverage Part, whichever are less;and whichever are less,and le. The insurance afforded to such additional a b. The insurance afforded to such additional insured does not apply: Insured does not apply to (1) To any "bodily injury" or "property " (1) Any "bodily injury"or"property dam- damage" that occurs, or"personal In- age" that occurs, or "personal Injury" jury" caused by an offense commit. caused by an offense committed, af- ted, after the equipment lease ex- ter you cease to be a tenant In that pires;or Premises; Page A of 8 0 2007 The Travelets companies,Im CG DS 79 00 07 DOdDPd ) CVMMERCIAL GENERAL LIABILITY (2) If the equipment is leased with an N. ADDITIONAL INSURED — ARCHITECT, ENGI- operator. NEER OR SURVEYOR 3. This Provision K.does not apply on any basis 1. The following is added to Paragraph 2. of to any person or organization for which cov- WHO IS AN INSURED(Section 11)to include erage as an additional insured specifically Is as an insured: added by another endorsement to this Cov- Any architect, engineer or surveyor engaged erage Pert. by or for you that you agree in a "contract or L. ADDITIONAL INSURED — STATE OR POLITI- agreement requiring insurance" to Include as CAL SUBDIVISIONS — PERMITS RELATING an additional insured on this Coverage Part, TO PREMISES but only with respect to liability for"bodily In- The following is added to Paragraph 2. of WHO jury", "property damage" or "personal Injury" IS AN INSURED (Section 11) to Include as an that Is caused, in whole or In part, by acts or insured: omissions of you or any person or organiza- tion acting on your behalf In connection with Any state or j p your premises or work". permit m connection with premises owned or oo- cupled by, or rented or loaned to, you, but only 2. This Provision N.does not apply on any basis with respectf to any person or organization for which cov- "bodily injury","property damage", erage as an additional insured specifically Is "personal atinjury"0r"advertising Injury"arising out of the existence, ownership, use, maintenance, added by another endorsement to this Cov- repair,construction,erection or removal of adver- erage Part tising signs, awnings, canopies, cellar entrances, O. WHO IS AN INSURED—NEWLY ACQUIRED coal holes,driveways, manholes,marquees,hoist OR FORMED ORGAN17ATIONS away openings, sidewalk vaults, elevators, street 1, Paragraph Ca. of WHO IS AN INSURED banners or decorations for whlcb that state or (Section 11) Is deleted and replaced by the political subdivision has issued such permit, following: M. ADDITIONAL INSURED — STATE OR POLITI. a. Coverage under this provision is afforded { CAL SUBDIVISIONS — PERMITS RELATING only until the 180th day after you acquire TO OPERATIONS or form the organization or the end of the The following is added to Paragraph 2, of WHO policy period, whichever is earlier Any iS AN INSURED (Section 11) to Include as an such newly acquired or formed organiza- Insured Lon that you report in writing to us within Any state or political subdivision that has Issued a 180 days after you acquire or form the permit, but only with respect to "bodily Injury", organization will be covered under this "property damage", "personal Injury" or"adverlis- provision until the end of the policy pe- Ing Injury" arising out of operations performed by dod, even if there are more than 180 you or on your behalf for which that state or po. days romalning until the end of the policy litical subdivision has issued such permit. How- period, ever, no such state or political subdivision is an 2• This Provision O. does not apply to any or- insured for ganization for which coverage is excluded by 1. "Bodily injury", "property damage", "personal another endorsement to this Coverage Part, Injury" or "advertising injury' arising out of P. WHO IS AN INSURED—UNNAMED PART. operations performed for that state or political NERSHIP OR JOINT VENTURE—EXCESS subdivision, or 1. The last paragraph of WHO IS AN INSURED 2. "Bodily Injury" or"property damage" included (Section 11) Is deleted and replaced by the within the "products — completed operations following hazard", No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured in the Common Policy Declarations. CG D3 79 09 07 0 2007 The Travelers companies,Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY j I However, this exclusion does not apply to Any payments made under Coverage A for your liability with respect to your conduct of damages and under Coverage C for medical the business of any current or past partner- expenses shall reduce the Per Project Gen- ship or joint venture. eral Aggregate Limit for that "project", but a. That is not shown as a Named Insured in shall not reduce: the Common Policy Declarations,and a. Any other Per Project General Aggregate b. In which you are a member or partner Limit for any other"project"; where each and every one of your co- b. The General Aggregate Limit, or ventures In that joint venture Is an archl- c. The Products-Completed Operations Ag- teetural, enginceting,or surveying firm gregate Limit 2, This Provision P. does not apply to any per- The limits shown In the Declarations for this son or organization for which coverage Is ex- Coverage Part for Each Occurrence, Dam- cluded by another endorsement to this Cov- age To Premises Rented To You and Medical erage Part. Expense are also subject to the Per Project 3. The Insurance provided by this Provision P. General Aggregate Limit when the Per Pro- shall be excess over any valid and collectible ject General Aggregate Limit applies other insurance, whether primary, axcess, 3. As used in the Provision Q., contingent or on any other basis, which is available covering your liability with respect "Project" means an area away from pramises to your conduct of the business of any current owned by or rented to you at which you are or past partnership or joint venture that is not performing operations pursuant to a contrail shown as a Named Insured in the Common or agreement For the purposes of determin- Pobcy Declarations and which Is issued to Ing the applicable aggregate limit of msur- such partnership or Joint venture. ance. each "project that Includes premises Involving the sumo or connecting ne In Tots, or Q. PER PROJECT GENERAL AGGREGATE LIMIT premises whose connection s interrupted 1. Paragraph 2. of LIMITS OF INSURANCE only by a street, roadway, waterway or right- (Section ill) is deleted and replaced by the of-way of a railroad shall be considered a sin- following: gle"project". The General Aggregate Limit is the most we R, KNOWLEDGE AND NOTICE OF OCCUR- will pay for the sum of: RENCE OR OFFENSE o� a, Damages under Coverage B;and The following is added to Paragraph 2, Duties M The Event of Occurrence, Offense, Claim Or b. Damages from or all rmedic under Cov- Suit of COMMERCIAL GENERAL LIABILITY 4 Braga A and far all medical expanses caused by accidents under Coverage C CONDITIONS(Section IV): n which cannot be attributed only to opera- Notice of an "occurrence" or of an offense which Lions at a single"project" may result in a claim must be given as soon as 2. The following Is added to LIMITS OF IN- practicable after knowledge of the "occurrence" j SURANCE(Section III): or offense has been reported to you, one of your "executive officers" (if you are a corporation),one A separate Per Project General Aggregate of your partners who is an individual (if you are a - Limit applies to each "project" for all sums partnership), one of your managers (if you are a which the Insured becomes legally obligated limited liability company), one of your trustees to pay as damages caused by "occurnmeas" who is an individual (if you are a trust), or an under Coverage A and for all medical ex- "employee"(such as an insurance, loss control or penses caused by accidents under Coverage risk manager or administrator)designated by you " C which can be attributed only to operations to give such notice, at a single "project",and that limit is equal to the amount of the General Aggregate Limit Knowledge by any other"employee"of an"occur• shown in the Declarations for this Coverage rence" or offense does not imply that you also Part have such knowledge. i Page 6 of 8 ®2007 The Travelers Campanles,Inc CG D3 79 09 07 a01G25 COMMERCIAL GENERAL LIABILITY i Notice of an "occurrence" or of an offense which 4, "Your products". may result In a claim will he doomed to be given practicable la us if It is given In good We waive these rights only where you have as soon as P agreed to do so as part of a contract or agree= faith as soon as practicable to your workers'cam- ment entered Into by you before, and in effect pensalton, accident, or health insurer. This so- when, the "bodily injury" or "properly damage" piles only If you subsequently give notice of the occurs, or the"personal injury"offense or"adver- "occurrence" or offense to us as soon as practi- using injury"offense is committed, cable after you, one of your "executive officers" U. AMENDED BODILY INJURY DEFINITION (if you are a corporation), one of your partners who Is an Individual (if you are a partnership), The definition of "bodily Injury' in DEFINITIONS one of your managers(if you are a limited liability (Section V)Is deleted and replaced by the follow- company), one of your trostees who is an indivld- ing: ual (if you are a trust), or an"employee"(such as "Bodily injury" means: an Insurance, loss control or risk manager or ad- ministrator)designated by you to give such notice a. Physical harm, Including sickness or disease, discovers that the "occurrence" or offense may sustained by a person; Involve this policy, b, Mental anguish, injury or illness, or emotional S. UNINTENTIONAL OMISSION distress, resulting at any time from such 1. The following is added to Paragraph B, Rep- physical harm,sickness or disease;or resentations of COMMERCIAL GENERAL c. Care, loss of services or death resulting at LIABILITY CONDITIONS (Section IV): any time from such physiool harm, sickness The unintentional omission of, or uninien- or disease, tionai error In, any Information provided by V. AMENDED INSURED CONTRACT DEFINITION you which we relled upon In Issuing this pol- —RAILROAD EASEMENT Icy shall not prejudice your rights under this 1. Subparagraph c, of the definition of"Insured insurance. contract" in DEFINITIONS ($action V)is de- 2, This Provision S.does not affect our fight to leted and replaced by the following: collect additional premium or to exercise our c. Any easement or license agreement; tight of cancellation or nonrenewat in occur 2. Subparagraph ll of the definition of "in- dance with applicable Insurance laws or regu- sured contract" in DEFINITIONS (Section V) lotions. is deleted. T. WAIVER OF TRANSFER OF RIGHTS OF W. AMENDED PROPERTY DAMAGE DEFINITION RECOVERY AGAINST OTHERS TO US WHEN —TANGIBLE PROPERTY REQUIRED BY CONTRACT OR AGREEMENT The following is added to Paragraph 8.Transfer The definition of "property demand" In acedDEF by Rights of Recovery Against Others to Us of TIONS foll (Secowing, Vj Is deleted and replaced by COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): "Property damage"means: We waive any rights of recovery we may have a. Physical injury to tangible property,Including against any person or organization because of all resulting loss of use of that property All payments we make for"bodily Injury", "property such loss of use shall be deemed to occur at damage", "personal injury" or"advertising injury" the time of the physical injury that caused It; arising out of: or 1. Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not pied by you with permission of the owner, or physically Injured. All such lass of use shall leased or rented to you, be deemed to occur at the time of the"occur- 2. Ongoing operations performed by you, or on rence"that caused it. your behalf, under a contract or agreement For the purposes of this Insurance,tangible prop- with that person or organization, any does not include data. 3. "Your work";or CG D3 79 09 07 Pit 7007 The Travelers Cbmpeines,Ina. Page 7 of 8 I I I i F COMMERCIAL GENERAL LIABILITY X. The following definition Is added to SECTION V— and "property damage" occurs, and the"personal DEFINITIONS' injury"Is caused by an offense committed "Contract or agreement requiring Insurance" a. After you have entered Into that contract or means that part of any contract or agreement agreement; under which you are required to include a person b. While that part of the contract or agreement or orgamzati0n as an additional insured on this is in effect;and Coverage Part, provided that the "bodily Injury" c. Before the end of the policy y penod, I e�- o� n� � I I Page a of 9 0 2007 The Travelers eompsnles,Inc. CO D3 79 09 97 aoaesa I i REQUEST FOR MAYOR'S SIGNATURE ® Please Fill in All Applicable Boxes K�AIT This form must be printed on cherry paper s„ ,�� Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Nick Hom Phone (Originator)• 5529 Date Sent. 9t16r09 Dale Required 9/23/09 Return Signed Document to NaneyYoshdake CONTRACT TERMINATION DATE: 12/31/10 VENDOR NAME: Landau Associates DATE OF COUNCIL APPROVAL: 9I151o9 Brief Explanation of Document f The attached agreement is for Landau Associates to provide geotechnlcal,environmental and natural resources services for the 72nd Avenue S Extension Project All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received. Approval of Law Dept.: RECEIVED Law Dept. Comments SEP 1 $ 2009 DENT LAIN DEPT. Date Forwarded to Mayor I Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments. :�1 �CG;I ![J SEF 1 S 20030 Disposition: W-pf "-1 CI7 or fiERT G? :LERK Date Returned: 1 ) C lage5870_templatebase • 2/07 5