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HomeMy WebLinkAboutCAG2019-438 - Original - Robinson Noble, Inc - Armstrong Well #2 Rehab - Hydrogeologic Services - 10/09/2019 Agreement Routing Form KEN T For Approvals,Signatures and Records Management WAS.HINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Bryan Bond Department: Public Works Date Sent: 10/7/19 Date Required: 10/11/19 �a > Authorized o Director or Designee Date of N/A �, to Sign: Council CC Mayor Approval: Budget W20089 Grant? ❑ Yes ❑✓ No Account Number: Type: N/A Vendor or Name: Robinson Noble, Inc. Cate 9 y: Contract C Vendor 147520 Sub-Category 0 Number: M Project Armstrong Well #2 Rehabilitation E Name: 0 C� Project Details: Provide hydrogeologic services for the project. c wAgreement 28 310 Basis for a Amount: Selection of Contractor: a rn9 � l 29/ Start Date: Mayor's signature Termination Date: Z� �l 20 Notice required prior to Yes No Contract Number: GA-&ap y' '130 disclosure? all � ,V Date Rec ' Er�y:/ED Comments: c 0 b.d SENT wlVVW DEPT. RECEIVED 0 Date Routed to the Mayor's Office: N a Date Routed to the City Clerk's Office: City Of Kent Office of the Mayor Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_1 9 KENT W n 5 H i I G T 0 1 CONSULTANT SERVICES AGREEMENT between the City of Kent and Robinson Noble, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Robinson Noble, Inc. organized under the laws of the State of Washington, located and doing business at 17625 130th Ave. NE, Suite 102, Woodinville, WA 98072, Phone: (425) 488- 0599, Contact: James Hay (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 hydrogeologic services for the Armstrong Well #2 Rehabilitation 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 February 29, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Eight Thousand, Three Hundred Ten Dollars ($28,310), 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 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: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 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. 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 negligent 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 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 upon payment to Consultant. 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: James E H a y Digitally signed by James E Hay Date:2019.10.02 15:31:58-07'00' By: By: (signature) (signatur Print Name: James E. Hay Print Name: Dana RaIDh Its Principal Its Mayor (title) DATE: 10/2/2019 DATE: l0/9 / 0m NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: James Hay Timothy J. LaPorte, P.E. Robinson Noble, Inc. City of Kent 17625 130th Ave. NE, Suite 102 220 Fourth Avenue South Woodinville, WA 98072 Kent, WA 98032 (425) 488-0599 (telephone) (253) 856-5500 (telephone) (425) 488-2330 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: ��-d"- Kent Law Department ATT T: Kent City Clerk Robinson Noble-Armstrong Well/Bond CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) 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. Digitally signed by James E Hay By: James E Hay Date:2019.10.02 15:32:19-07'00' For: Robinson Noble, Inc. Title: Principal Date: 10/2/2019 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 KENT 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 ROBINSON NOBLE s August 27, 2019(Revised September 23.2019) 3ryan Bond, Engineering Project Coordinator Utilities Section,Public Works OpHr W0r)s 5821 South 2400h Street Kent,WA 98032 Subject;Armstrong Springs Well A5 Redevelopment Ur.Bond, Robinson Noble is pleased to assist the City of Kent with the Arntstrong Springs Well AS redey verlOPment project.Fused on our discussions,I have prepared the following scope and cost es- timate tot hydrorgeotog c services as well as scheduling and liaicion with the City's selecterf con- Background Robinson Noblo supervised the drilling of the Arrrr tiong Sprinisi Well AS'to July 1982 The well was(frilled to a depth of 110 feet with t -inch diameter Casing After some difficulties with casing extraction.the well was ultimately completed with 14 feet of l4-inch dfametsr,pipe- sczc. I00-slot(0,100-inch opening)screen between 66 and$0 feet below ground.This well demonstrated a production capacity in excess of 200 gpm and indicated gt eater yields were available from a la:CJer-diameter produc;uort well, At the end of development..a Miler test was corwfucled that Ii di(ulted a specific capacity of ap- proximately 25 gpn)flt(gallons per minute per foot of-drawdowrn)at a production rate of 100 gpm.On August 17,1982,a 74-hour,constant-rate prrrnping lost was intrialod at 680 gper.The diawdowrl at the end of the test was 43 leet,indicating a specific capacity of 15 8 gprrrlf l Compared to the lost well A3,Well AS was deemed inefficient and the well was further devel- oped by n7oans of water-jetting in October,)882.1,A three-hour constant-rate test was then per- formed at 681 gprn to evaluate well performance.At the and of the test.the well had experi- enced roughly 36 feet of drawdown(compared to roughly 40.5'feet dui=ng the august test). suggesting an Improvement on the older of 34%,it is trnlirrov,,n whother any zither redevelop- ments of the veell have been accorniplished. We,understand that the pump and/or motor,installed in 1999,are no longer operational and the City's contracts has already ren-roved this equipment from the;well through the skylight on ale wr llhouse.The City has already determined tflat full replaceme yt of the liar;-shaft pump and This well has a so been refereed to as ho(1004e11 A2 and Well 2 1preasumably because Wells A4 and tlirs well.Wets A5,are the two tarodtii:tion e:ells ort site;Yveils A1,A2,and A3 ware exploratory lest weilsi. The l rolx=xt developrn�crrt in 1*982 caller(for me introduction of ItGWp,, Isrr(.fiunn hexarnetaphosphato; no lonrgef uses Clue to t,.e Potential to, phosphates to encourage bacterial grol,4t r)during eft ng,but our 000iner 3, t91W biter report,tat s tr:at this was riot accornviished 2,105 Sotrrh C Select 17625 tad"Aver:ue�F,Sui1c 102 Tacoma,Vv�aShinqu,r,984 2 www,robinaon noblexorn Nucoinvi�re,tNashmgion 9£-072 P:2SS.47 ,.77ll 1f:25P,,,•172.SWIF P:426.488,0599 1 F;425 ag8,2330 Bryan Bond City of Kent August 27, 2019(Revised September 23,2019) Page 2 motor is required;the City is taking the opportunity to evaluate the well's physical condition,and perform basic preventative well maintenance while no pump is installed. Contractor liaison activities Robinson Noble will participate in up to two site meetings(pre-bid and pre-construction), if held. Our personnel will subsequently facilitate the scheduling of project activities between the City and its selected contractors and our selected video inspection subcontractor. it is our current understanding that most local drilling contractors qualified to perform the well redevelopment work may be otherwise obligated for a month or more;as such, it is unknown when the esti- mated four week well redevelopment schedule will start.Our personnel will serve as the City's on-site representative during pre-and post-redevelopment video inspections;a Robinson Noble geologist will be also on-site as needed to guide and review well redevelopment activities. Deliverables:Norte Timeline: 14 work weeks(estimated)following the pre-bid meeting.This presumes the follow- ing:the well redevelopment:bid opening occurs within 2 weeks of the pre-bid meeting, if held, and that City contracting takes another 4 weeks to complete;the drilling contractor mobilizes to the site within 2 weeks of contracting and the pre-redevelopment video inspection occurs dur- ing this interval;well redevelopment is completed within 4 weeks and the post-redevelopment video inspection occurs during this interval;and 2 weeks for the pump contractor to reinstall the new pumping equipment. Technical specifications Pump replacement The City has determined that full replacement of the line-shaft pumping equipment recently re- moved from Armstrong Springs Well A5 is required. Due to the anticipated long lead times for this equipment,the City desires to solicit bids for replacement equipment as soon as possible and prior to the initiation of redevelopment activities;the inherent assumption is that the well's post-redevelopment production capacity will be similar to the historic capacity demonstrated by the 1982 pumping tests. Robinson Noble will prepare a technical specification document for the replacement equipment using the specifications and dimensions provided by the City. Well redevelopment After the pre-redevelopment video inspection is complete and site access restrictions have been evaluated, Robinson Noble will prepare technical specifications to facilitate the City's se- lection of a drilling contractor and to guide the well redevelopment process. Deliverables: Pump replacement and well redevelopment technical specification documents suitable for incorporation into the City's standard bid documents will each be delivered via email in an electronic file format(Adobe .pdf or Microsoft.docx). Timeline:The pump replacement technical specification document will be provided within 10 working days of Robinson Noble receiving all necessary specifications from the City.The well redevelopment technical specification documents will be provided within 10 working days of the successful completion of the pre-redevelopment video inspection. NG 1470(revised) Bryan Bond City of Kent August 27,2019(Revised September 23,2019) Page 3 Video inspections We propose to subcontract Well Scan Inc.of Tacoma,Washington to perform two video in- spections of the Armstrong Springs well,both pre-and post-redevelopment.These inspections are estimated at$2,280(combined), including sales tax and handling.As the owner/operator of Well Scan is a Principal Hydrogeologist with Robinson Noble, no additional Robinson Noble staff are anticipated to be present during video inspections. Deliverables:On-site discussions with City personnel and the City's selected drilling contractor. Both video inspections will be provided on DVD or flash drive with our final report. Timeline:The pre-redevelopment video inspection will be scheduled at a mutually agreeable time for both City personnel and Well Scan after a minimum of 8 hours of well flushing prior to the inspection.We anticipate being able to schedule the pre-redevelopment video inspection within 10 working days of Robinson Noble receiving a fully-executed contract and notice-to-pro- ceed.The post-redevelopment video inspection will be scheduled at a mutually agreeable time for City personnel,the City's drilling contractor,and Well Scan,anticipated to be within 5 work- ing days of the completion of well redevelopment activities. Well redevelopment A standard redevelopment effort would typically consist of wire-brushing of the casings, me- chanical surge development of the 14 feet of well screen with a cable-tool drilling rig in two- foot intervals,and additional surge development after the introduction of a phosphate-free, NSF-certified surfactant to facilitate the removal of fine-grained material.We understand that direct access to Well A5 is not possible,that all redevelopment activities will be conducted through the weilhouse skylight,and that well development activities may be more time-con- suming as a result. If a crane or hoist is used to accomplish redevelopment,for example,a standard two-foot surge stroke may not be practical or effective,and alternate techniques,such as long-pulls through the screen assembly,air-lift,or jetting may be proposed by the City's con- tractor. Robinson Noble personnel will not be on-site during the contractor's site mobilization, setup,or demobilization,but will be present on an as-needed basis to guide and evaluate rede- velopment activities. Development will begin with the wire-brushing of all well casings and the bailing of accumu- lated material from the well.After initial mechanical development of the well is accomplished to remove readily dislodged material,it may be appropriate to use an NSF-certified phosphate-free surfactant(such as Baroid Aqua-Clear PFDi to facilitate redevelopment.The surfactant would be prepared in a tank at surface and introduced into the well column through a tremie or other means,depending on the selected redevelopment method. Interim pumping at a low rate may be necessary to remove heavy/turbid water from the well column and facilitate the effective- ness of development activities. Deliverables None Ti in : Presuming the City's contractor generally works standard 40-hour work weeks and there are no substantial delays in obtaining materials,we anticipate the mechanical well rede- velopment phase could be completed within 15 working days of starting. HG1470(revised) Bryan Bond City of Kent August 27, 2019(Revised September 23,2019) Page a Analysis and interim technical memorandum As requested,no explicit testing of Well A5 at the conclusion of redevelopment activities is pro- posed and no new well rating will be accomplished.'We will,therefore,presume the aquifer characteristics and the well's post-redevelopment efficiency are consistent with that estab- lished by the August and October 1982 pumping tests. Using this historical information,we will provide a projection of the anticipated pumping water level after a specified duration of pump- ing atypically 100 days). Note that the City intends to request bids for equivalent replacement pump equipment prior to the start of any well redevelopment activities, so this technical memo- random will not be used to facilitate pump selection. Our technical memorandum will summarize the pre-and post-redevelopment video inspections, well redevelopment activities,and provide a projected long-term pumping water level based on the 1982 testing of Well A5.This tech memo will also include a well construction and lithology diagram,originally provided in 1982, updated with measurements obtained from the drilling contractor and video inspections. pal v _3ble_s: One hard copy and an electronic version of the technical memorandum. Timeline: Our technical memorandum will be delivered within 15 working days after the com- pletion of on-site redevelopment activities. Final report Our final project report will summarize all project activities by Robinson Noble,our video inspec- tion subcontractor,and the City's contractors.This report will include the interim technical memorandum and the video inspections on DVD or flash drive as appendices. Deliverables:Two hard copies and an electronic version(Adobe.pdf format)of a report summa- rizing all proiect activities. Timeline:Our final report will be delivered within 45 working days of notification of the success- ful completion of all contracted site activities(presumed to be the City-accepted installation of the permanent pump). Additional assumptions: • The City will separately engage other contractors for the following activities:removal of the existing pump equipment;inspection/evaluation of the existing pump equipment; performance of all well redevelopment activities;and(re)installation of the permanent pump(serviced/repaired/replaced). If the existing pump and/or equipment is not rein- stalled and a new pump design and specifications are required, the City will engage oth- ers for these services. • City personnel will conduct the bidding process for both pump replacement and well re- development services, including incorporating the provided technical specifications into a it will likely still be necessary for the City's contractor to pump the well with a small submersible or trash pump at the completion of redevelopment activities in order to improve visibility for the post-redevelop- mem video inspection. Robinson Noble personnel does not anticipate being on site for this pumping, HG470 trevised) Bryan Bond City of Kent August 27, 2019(Revised September 23,2019) Page 5 the City's standard bid documents,communications with potential bidders,and receiv- ing/evaluating bids. • City personnel will organize and lead any pre-bid or pre-construction meetings. Robinson Noble will attend both meetings, if held,to provide technical assistance,as needed. • City personnel will provide a complete list of the specifications and dimensions of the pumping equipment to be included in the pump replacement technical specification docu- ment. • City personnel will accomplish flushing of the well column with chlorinated,potable wa- ter(preferably overnight or longer)to improve visibility for the pre-redevelopment video inspection. Either City personnel or the City's selected drilling contractor will accomplish similar flushing prior to the post-redevelopment video inspection. • The pre-rehabilitation video inspection will not identify any indications of physical dam- age or obstructions that will postpone or preclude well redevelopment activities. • The Armstrong Springs Well A5 is anticipated to require a standard mechanical redevel- opment effort to address a potential decline in well efficiency and not due to excessive sand production or bio-fouling. • If surge development of the well cannot be accomplished with a cable-tool drilling rig due to site access restrictions,a crane or hoist will be required,impacting the available well redevelopment options. Site access and proposed redevelopment methods will be evaluated during the pre-redevelopment video inspection and incorporated into the well redevelopment technical specification document. • Water produced from the well, including turbid water and water containing phosphate- free sunactants, if used,can be discharged on site.Any permitting services required to accomplish these discharges will be handled by others. • The City or its contractors will be responsible for all required chlorination of the well and any water quality sampling and analysis costs. • Development spoils(scale, rust,sediment)removed from the well can be left on site adjacent to the wellhouse such that minimal handling time is required. • The post-rehabilitation video inspection of the cleaned well will not identify any condi- tions that suggest additional well redevelopment or maintenance prior to installation of the new pump. • Robinson Noble personnel will not be present for the installation of the replacement pump equipment.once obtained by the City's selected contractor. • City personnel will notify Robinson Noble when the replacement pump has been rein- stalled and all contractor work has been completed to the City's satisfaction. Cost Estimate Based on our understanding of the project and the conditions outlined in this scope,we esti- mate the cost of our services,as described above,at a value not to exceed$28,310. Robinson Noble works on a time-and-expense basis according to our current General Fee Schedule(at- tached).The following table summarizes the per-task labor hours by anticipated personnel and billing rate.This estimate will remain valid for 90 days from the date of this scope. HG1470(revised) | ^ . ' Bryan Bond City of Kent August 27. 2OlS(Revised September 23.2Ol9) Page MI�n P�echovvski.Joe Backe, Mike PiechowsKi Laura Piechows,i,David Weiler Drewe Warnock Asn cost-savings measure for Our clients,each Robinson Noble employee charges their time ona project according»o the level of expertise required for v given task(i.o,employees may have more than one billing mue).This allows uom make use u4 our more experienced staff without unduly impacting project costs,but also means that our clients only pay for the level of expertise applied. This project estimate includes costs for automobile liability,commercial general liability, profes- sionalimbUhyinourannoandwmrkom'oomponsatinnoovomne.nonte/oontsfnrou,standopd field equipment and any specialized equipment as detailed in this scope are included in the above estimate. Should additional equipment be deemed necessary or warranted in order to properly complete the project,=w will submit u change in scope request with estimated costs based on the equipment rental schedule momdodin the General Fee Schedule.Work will uoae comp|iohodvndo,00awioosonnt,acz, We hope this scope of work and cost estimate is adequate for your needs. Please contact us if we can provide additional information or modify the scope of work to better assist the City. |fat any time prior mo,during this project the City identifies a concern or problem with our work m pm �g,eauu`a�oenno� resolved bv the assigned Robinson Noble project manager, please con- tact J000pxBecko,'ou,cnmpanvP,eoidontandhnvvi|lmukeevervo/fo,t tn resolve the issue ! to your satisfaction. ! Thank you for the opportunity tchevfservice. Respectfully submitted, Robinson Noble,Inc. .. ' /—JameoE. Hay,LHz.CP8 Principal Hydmgeuogist Attachment:2013Qannnd Fee Schedule H81470(rnviowJ) | ! | acoo \ ; §62}2/§ \ - � k - &k !$ : ! :a } f ) »ff 2 ) a ))\\ : _ � f{ WE / \\ � } � } o � �\ ) ƒ\ i E -J2,62_ o !);f* . , ° ■}\ � ROBINSON NOBLE General Fee Schedule January 1,2019 Professional Positions Fee per Hour Principal Engineer,Hydrogeologist or Environmental Scientist $187 Associate Engineer,Hydrogeologist or Environmental Scientist $171 Senior Engineer,Hydrogeologist or Environmental Scientist $146 Senior Project Engineer,Hydrogeologist or Environmental Scientist $126 Project Engineer,Hydrogeologist or Environmental Scientist $113 Staff Engineer,Hydrogeologist or Environmental Scientist $102 Senior Field Staff $93 Field Staff $80 Legal Support/Expert Witness Services/Testimony 150%of above rates Support Positions Senior GIS/CAD Specialist $95 Senior Technician $95 C i Senior Administrator $83 GIS/CAD Specialist $83 Technician $83 Administrator $72 Clerical Support $72 Other Fees and Costs Subcontracts/ Professional services 15% Management Fee Outside laboratory services 15% Construction subcontracts 15% Other Costs Travel(auto) $0.64/mile Travel(other) Cost+10% Per diem Prevailing State rate+10% Other direct expenses Cost+10% Field and laboratory testing/equipment rental See following pages This fee schedule is subject to change according to contract or Professional Services Agreement conditions. Robinson Noble,Inc, rates effective January 1,2019 Hydrogeologic Equipment Rental Schedule January 1,2019 Equ_ ment Unit Rate Water Level Transducer and Data Logger Per day $25 Field Laptop Computer Per day $40 Electric Water Level Sounder(s) 0 to 300 ft Flat fee per project $30 over 300 ft Flat fee per project $60 DC Submersible Purge Pump(Single Stage) Per pump List price+ 10% DC Submersible Purge Pump(Dual Stage) Per pump List price+ 10% Double-Ring Infiltrometer Per day $50 Schonstedt Gradient Magnetometer Per day $75 Geonics EM-61 Metal Detector Per day $500 Downhole GammalResistivityfTemperature Logging Equipment Per day $500 ) 1 Downhole Caliper Logging Equipment Per day $350 Draw Works Per day $600 Mechanical Sieve Sample Equipment Flat fee per well $50 2-inch Gasoline-powered Centrifugal Pump (includes hoses) Per day $100 2-inch Submersible Pump+Controller Per day $180 Generator&Fuel Per day $70 I Hand Auger Per day $50 Survey Gear(laser level&rod) Per day $85 FlowTracker Acoustic Doppler Velocimeter per day $200 Stream Gaging Equipment pH Field Meter Per day $25 GPS Per day $20 Other Equipment Negotiated Negotiated Digital Camera Per day $10 This fee schedule is subject to change according to contract or Professional Services Agreement conditions. Robinson Noble, Inc. rates effective January 1,2019 Environmental Equipment Rental and Consumable Schedule January 1,2019 Equipment Unit Rate Water Level Transducer and Data Logger Per day $50 Field Laptop Computer Per day $40 Electronic Water Level Sounder Per day $30 Electronic Interface Probe Per day $75 DC Operated Peristaltic Pump Per day $45 2-inch Gasoline-powered Centrifugal Pump (includes hoses) Per day $100 2-inch Submersible Pump+Controller Per day $350 Generator&Fuel Per day $70 Low-Flow Bladder Pump Per day $175 Photoionization Detector Per day $75 Combustible Gas Indicator Per day $65 GPS Per day $20 Water Quality Meter Per day $200 Teflon Water Bailer Per day $30 Soil Sampling Equipment(manual) Per day $25 Mechanical Sieve Sample Equipment Flat fee per project $50 Survey Gear(laser level&rod) Per day S85 pH Field Meter(soils) Per day $50 Soil Vapor Extraction System Per month $750 Digital Camera Per day $10 Hand Auger Per day $50 Other Equipment Negotiated Negotiated Consumable Items: � � � Polyethylene Purge/Sampling Tubing Each 10 feet $2 50 DC Submersible Purge Pump(Single stage) Per pump List price+ 10% DC Submersible Purge Pump(Dual Stage) Per pump List price+ 10% Silicone Peristaltic Pump Head Tubing Each foot S4.00 Bladders for Low-Flow Bladder Pump Each $5.00 Water Sample Bailer Each $10 Bailer Rope/String Each 10 feet $1.00 Personal Protection Equipment Per day per person $50 This fee schedule is subject to change according to contractor Professional Services Agreement conditions. Robinson,Noble, Inc. rates effective January 1,2019 Geotechnical Field and Laboratory Testing Schedule January 1,2019 Test F Portable Nuclear Density Gauge Per Hour $5,00 Slope Inclinometer Per day $250 Direct Shear Point $200 Moisture-Density Relationship Curves: Each i pt$120 Each Multiple pts$225 Sieve Analyses(Gradations-Wet Sieve) Each $150 Bulk Sieve(if gravelly or>1101b) Add $70 200 Wash Each $80 Hydrometer Analysis Each $175 Falling Head Permeability Each $165 Atterberg Limits Each $220 (Liquid Limit and Plastic Limit) Moisture Content Each $12 Dynamic Cone Penetrometer Day $225 Points Each $20 Resistivity 4-point Gauge Day $300 Hand Auger Per day $50 Consolidation Test Incremental Loading $550 (9 loads,0.125 TSF to 32 TSF,4 unloads) $50/each additional load Shelby Tube Extrusion/Sample Description $40 Single-Ring Infiltrometer Per day $50 This fee schedule is subject to change according to contract or Professional Services Agreement conditions. Robinson Noble,Inc, rates effective January 1,2019 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant 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 City shall be named as an insured under the Consultant'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 Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 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 Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant'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 shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant 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 Consultant'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 Consultant 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. F. Subcontractors Consultant 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 Consultant. ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) ��, 10/3/2019 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,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Cathy Fleck Leavitt Group Northwest AIC NNo Ext: (800)726-8771 (A/CFAX NO (a66)72a-9168 PO Box 65770 E-MAIL cathy-fleck@leavitt.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# University Place WA 98464 INSURER A:AXIS Surplus Insurance Company 26620 INSURED INSURER B Robinson and Noble, Inc. INSURER C: dba: Robinson Noble, Inc. INSURER D: 2105 South C Street INSURER E: Tacoma WA 98402 INSURER F: COVERAGES CERTIFICATE NUMBER.18-19 MASTER CERT REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IEXP LTR TYPE OF INSURANCE R POLICY NUMBER MM DIDYIYYYY MM/DDEFFY/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS-MADE Fx_1 OCCUR DAMAGE PREMISES O RENTED 100,000 Ea occurrence $ X EMP3800010601 11/30/2018 11/30/2019 MED EXP(Any one person) $ 10,000 PERSONAL BADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO- ❑LOC 4,000,000 JECT PRODUCTS-COMP/OP AGG $ OTHER Poll Liab/Claims Made I EMP1800010601 11/30/2018 11/30/2019 Contractors Poll-Each Claim $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 2,000,000 A ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED EMP1800010601 11/30/2018 11/30/2019 BODILY INJURY Per acddent $ AUTOS AUTOS ( ) X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident) $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION PER X OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFId tort'in NH)EXCLUDED? ❑ N/A A (Mandatoryin BER EMP1800010601 11/30/2018 11/30/2019 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under waehin ton Stop p DESCRIPTION OF OPERATIONS below g p Gap E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liability EMP1800010601 11/30/2018 11/30/2019 Each Claim 2,000,000 Claims Made Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Armstrong Springs Well A5 Redevelopment Project. City of Kent is named as Additional insured per terms and conditions Of forms CG 20 10 07 04, CG 20 37 07 04, CG 25 03 03 97, PGI EL 020 0210, PGI EL 036 0210 attached. CERTIFICATE HOLDER CANCELLATION BBond@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Mark Hanks/CAFLEC � ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Additional Named Insureds Other Named Insureds Robinson Noble, Inc. Doing Business As OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC Policy Number EMP1800010601 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an Additional insured. However, this status exists only for the ro'ect specified in that contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Policy number: EMP1800010601 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization s : Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property damage" caused, in whole or in part, by"your work"at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Any project when the Named Insured agrees, in a written contract, to provide a separate Designated Construction Project General Aggregate Limit. However, this status exists only for the project specified in that contract. In no event shall the Aggregate Limit of Insurance provided by this endorsement exceed $5,000,000 in total. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally gate Limit for any other designated construc- tion obligated to pay as damages caused by project shown in the Schedule above. "occurrences" under COVERAGE A (SECTION 4. The limits shown in the Declarations for Each 1), and for all medical expenses caused by acci- Occurrence, Fire Damage and Medical Ex- dents under COVERAGE C (SECTION 1), which pense continue to apply. However, instead of can be attributed only to ongoing operations at a being subject to the General Aggregate Limit single designated construction project shown in shown in the Declarations, such limits will be the Schedule above: subject to the applicable Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit. General Aggregate Limit applies to each B. For all sums which the insured becomes legally designated construction project, and that limit obligated to pay as damages caused by is equal to the amount of the General Aggre- "occurrences" under COVERAGE A (SECTION gate Limit shown in the Declarations. 1), and for all medical expenses caused by acci- 2. The Designated Construction Project General dents under COVERAGE C (SECTION 1), which Aggregate Limit is the most we will pay for cannot be attributed only to ongoing operations the sum of all damages under COVERAGE at a single designated construction project shown A, except damages because of "bodily injury" in the Schedule above: or "property damage" included in the 1. Any payments made under COVERAGE A "products-completed operations hazard", and for damages or under COVERAGE C for for medical expenses under COVERAGE C medical expenses shall reduce the amount regardless of the number of: available under the General Aggregate Limit a. Insureds; or the Products-Completed Operations Ag- gregate Limit, whichever is applicable; and b. Claims made or"suits" brought; or 2. Such payments shall not reduce any Desig- c. Persons or organizations making claims nated Construction Project General Aggre- or bringing "suits". gate Limit. 3. Any payments made under COVERAGE A C. When coverage for liability arising out of the for damages or under COVERAGE C for "products-completed operations hazard" is pro- medical expenses shall reduce the Desig- vided, any payments for damages because of nated Construction Project General Aggre- "bodily injury" or "property damage" included in gate Limit for that designated construction the "products-completed operations hazard" will project. Such payments shall not reduce the reduce the Products-Completed Operations Ag- General Aggregate Limit shown in the Decla- gregate Limit, and not reduce the General Ag- rations nor shall they reduce any other Des- gregate Limit nor the Designated Construction ignated Construction Project General Aggre- Project General Aggregate Limit. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 D. If the applicable designated construction project E. The provisions of Limits Of Insurance (SECTION has been abandoned, delayed, or abandoned III) not otherwise modified by this endorsement and then restarted, or if the authorized contract- shall continue to apply as stipulated. ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction project. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CG 25 03 03 97 COMMON POLICY CONDITIONS ENDORSEMENT This endorsement changes the Policy. Please read it carefully. In consideration of the premium charged, and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that all coverage parts included in this policy are subject to the following conditions: A. CANCELLATION The named insured may cancel this policy by mailing to the Company written notice stating when thereafter such cancellation shall become effective. The Company may cancel this policy by mailing to the named insured, at the mailing address specified the Declarations,written notice stating when not less than thirty(30) days thereafter such cancellation shall become effective, except in the event of the named insured's nonpayment of premium, not less than ten (10) days advance notice of cancellation shall be given.The mailing of notice as aforesaid, shall be sufficient proof of either party's intent to cancel.The effective date of cancellation specified in such notice shall terminate this policy period. Delivery of such notice shall be equivalent to mailing. If the named insured cancels, the earned premium shall be computed in accordance with the customary short rate table. If the Company cancels, the earned premium shall be computed pro rata.The Company will tender any return premium subject to retaining a minimum earned premium equal to 25%of the amount specified in the Declarations. Premium adjustment may be made either at the time cancellation is effective or as soon as practicable thereafter, but tender of the unearned premium or return of this policy, shall not be conditions precedent to cancellation hereunder. B. CHANGES No provision of this policy may be amended,waived or otherwise changed, except by endorsement hereto. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three (3)years afterward. D. INSPECTIONS AND SURVEYS We have the right, but are not obliged to: 1. Make inspections and surveys at anytime; and PG EL 036 0210 Page 1 of 3 The first Named INSURED shall act on behalf of all INSUREDS for all purposes, including but not limited to the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this policy, complying with all applicable CLAIMS provision, giving and receiving notice of cancellation or nonrenewal, reimbursementto US of any Deductible advanced and the exercise of the rights provided in the Extended CLAIMS Reporting Period or Paragraph L. below. L. Subrogation In the event of any payment under this policy, WE shall be subrogated to all YOUR rights of recovery against any person or organization and YOU shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. YOU shall do nothing to prejudice such rights. WE shall not exercise any such right against any persons, firms or corporations included in the definition of an INSURED or against YOUR clients if prior to the CLAIM, a waiver of subrogation was so required and accepted under a specific contractual undertaking by YOU. All recoveries obtained through subrogation shall be applied equally towards YOUR Deductible and OUR costs with any remaining balance payable to US. M. Policy Territory The insurance afforded by this policy applies worldwide. Where suits are brought or CLAIMS are made outside of the United States of America and its territories and possessions, Puerto Rico, or Canada,the following additional provisions apply: 1. WE shall have the right but not the duty to investigate, defend or settle any such CLAIMS brought against an INSURED; 2. If WE elect not to investigate, defend or settle any such CLAIM, the INSURED shall, under OUR supervision, arrange for such investigation and defense thereof as is reasonably necessary and subject to OUR prior authorization, shall effect such settlement thereof as WE and an INSURED deem expedient; 3. WE will reimburse the INSURED for the reasonable cost of such investigation and defense and the amount of any settlement or judgment in excess of the Deductible amount stated in the Declarations, all subject to and within the Limits of Liability stated in the Declarations; and 4. Such reimbursement shall be made in United States currency at the rate of exchange prevailing on the date the judgment is rendered or the date that the amount of the settlement is agreed upon or the date expenditure is made. PGI EL 005 0210 Page 11 of 11 State of New York shall apply regardless of the choice of law or conflicts of law principles. In the event that YOU and WE agree to resolve the dispute by arbitration,the Commercial Arbitration rules of the American Arbitration Association shall apply. H. Other Insurance 1. The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and YOU have other insurance which is stated to be applicable to the loss on an excess basis, the amount of OUR liability under this policy shall not be reduced by the existence of such insurance. 2. When both this insurance and other insurance apply to the loss on the same basis, whether primary,excess,or contingent,WE shall not be liable under this policy for a greater proportion of the loss than that stated in the Declarations or the following contribution provision; whichever is lower: a. Contribution by Equal Shares - If all of such other valid and collectible insurance provides for contribution by equal shares,WE will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. b. Contribution by Limits- If any of the other insurance does not permit contribution by equal shares,WE will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. I. Representations By acceptance of this policy, YOU agree that the statements in the application and its attachments are YOUR agreements and representations,that this policy is issued in reliance upon the truth of such representations,and that this policy, its Declarations and endorsements embody all agreements existing between YOU and US relating to this insurance. J. Separation of Insureds Except with respect to the Limits of Liability, and any rights or duties specifically assigned to YOU,this insurance applies: 1. As if each Named INSURED were the only Named INSURED; and 2. Separately to each INSURED against whom a CLAIM is made. Misrepresentation, concealment, breach of contract or violation of any duty under this policy by one INSURED shall not prejudice the interest of coverage of another INSURED under this policy. K. Sole Agent PGI EL 005 0210 Page 10 of 11 E. Cancellation and Nonrenewal 1. Cancellation by YOU a. YOU may cancel this policy by surrender thereof to US or any of OUR authorized representatives or by mailing to US written notice stating when thereafter such cancellation shall be effective. b. If YOU cancel this policy, WE shall retain the customary short rate proportion of the premium. 2. Cancellation by US a. If this policy has been in effect less than sixty (60) days and is not a renewal of a policy issued by US, WE may cancel this policy for any reason. b. If this policy has been in effect for sixty(60) days or more or is a renewal of a policy issued by US,this policy may not be canceled except for one or more of the following reasons: (1) Nonpayment of premium or Deductible when due; (2) Fraud or material misrepresentation affecting the policy; (3) Violation of any of the terms or conditions of the policy; (4) Loss of reinsurance; or (5) Material change in the risk. C. Written notice of cancellation shall be mailed or delivered by US to YOU at least: (1) Fifteen (15) days prior to the effective date of cancellation, if this policy is canceled for nonpayment of premium;or (2) Sixty (60) days prior to the effective date of cancellation, if this policy is canceled for any other reason. d. Delivery shall be considered to be equivalent to mailing. Proof of mailing shall be considered to be proof of notice. e. If this policy is canceled by US,the earned premium shall be computed pro rata. 3. Nonrenewal If WE elect not to renew this policy WE will mail a written notice at least sixty (60) days prior to expiration, unless the reason for nonrenewal is nonpayment of premium or YOUR deductible obligations or if YOU failed to comply with any other term or condition. Proof of mailing shall be considered to be proof of notice. F. Changes The terms and conditions of this policy may only be altered by an endorsement issued by US. G. Choice of Law and Jurisdiction If a dispute arises over the meaning, interpretation or operation of any term, condition, definition or provision of this policy, YOU and WE agree that the substantive law of the PGI EL 005 0210 Page 9 of 11 by charging (1) 100%of the annual premium for twelve (12) months, (2) 150%for twenty-four(24) months, or (3) 200%for thirty-six (36) months. The purchase of an Optional Extended CLAIMS Reporting Period shall be endorsed herein. YOUR right to purchase the Optional Extended CLAIMS Reporting Period must be exercised by notice in writing not later than thirty(30) days after the cancellation or termination date of this policy. Effective notice must indicate the total Optional Extended CLAIMS Reporting Period desired AND MUST INCLUDE PAYMENT OF PREMIUM FOR SUCH PERIOD. If such notice and the premium are not mailed to US within thirty (30) days, then YOU shall not at a later date be entitled to purchase an Optional Extended CLAIMS Reporting Period. At the commencement of any Optional Extended CLAIMS Reporting Period, the entire premium therefore shall be deemed earned, and in the event YOU terminate the Optional Extended CLAIMS Reporting Period before its term for any reason, WE shall not be obligated to return to YOU any portion of the premium. Vill. CONDITIONS A. Action Against US No action shall lie against US unless, as a condition precedent thereto,there shall have been full compliance with all of the terms and conditions of this policy, and both YOUR liability and the amount of YOUR obligations to pay has been finally determined either by judgment against YOU after an actual trial or by YOUR written agreementwith the claimant or the claimant's legal representative with OUR approval. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join US as a party to any action against YOU to determine YOUR liability, nor shall WE be impleaded by YOU or YOUR legal representative. B. Assignment Assignment of interest under this policy shall not bind US without OUR express written consent. C. Audit And Inspection Solely for OUR benefit, WE may audit or inspect YOUR books, records and operations at any time during the POLICY PERIOD or within three years after the termination of this policy, as far as they relate to the subject matter of this policy. D. Bankruptcy or Insolvency YOUR bankruptcy or insolvency shall not relieve US of OUR obligations under this policy. PG EL 005 0210 Page 8 of 11 CLAIM. YOU may at anytime, by YOUR signed consent,freely and fully waive YOUR right to select independent counsel. VI. NOTICE OF CIRCUMSTANCE If during the POLICY PERIOD YOU become aware of a circumstance from which a CLAIM is reasonably anticipated, and if during the POLICY PERIOD YOU give notice to US of: 1. the alleged or actual WRONGFUL ACT; 2. how and when YOU first became aware of such WRONGFUL; then any CLAIM,for which coverage is provided by this policy, that may be made against YOU arising out of such WRONGFUL ACT shall be deemed for the purposes of this insurance to have been made on the date on which the notice was given to US. WE may elect to investigate any circumstance that is reported to US.Any costs associated with the investigation of a circumstance prior to a CLAIM being made will not be considered CLAIM EXPENSES.These costs shall not be applied towards reducing the applicable Deductible and are in addition to the Limits of Liability and shall be borne by US. VII. EXTENDED REPORTING PERIOD A. Automatic Extended CLAIMS Reporting Period If WE or YOU terminate or non-renew this insurance for any reason other than nonpayment of premium or Deductible, YOUR failure to comply with any term and condition, or fraud or material misrepresentation,YOU shall be entitled to a period of sixty (60) days from the date of policy termination to report CLAIMS which are made against YOU prior to such termination that took place on or after the RETROACTIVE DATE and before the expiration of the POLICY PERIOD. This Automatic Extended CLAIMS Reporting Period may not be canceled by US and does not require the payment of an additional premium. This automatic Extended CLAIMS Reporting Period does not increase or reinstate the Limits of Liability applicable under the policy and shall be included within the Optional Extended CLAIMS Reporting Period if such is purchased. B. Optional Extended CLAIMS Reporting Period If YOU do not renew or replace this insurance, or if WE cancel or refuse to renew this policy for reasons other than the nonpayment of premium or Deductible, noncompliance with the terms and conditions of this policy or fraud or material misrepresentation, upon the payment of an additional premium,YOU shall have the option to extend the period by which a CLAIM can be made against YOU and reported to US. This Optional Extended CLAIMS Reporting Period shall apply only to CLAIMS that took place on or after the RETROACTIVE DATE and before the expiration of the POLICY PERIOD. This Optional Extended CLAIMS Reporting Period does not increase or reinstate the Limits of Liability applicable under the policy. The premium for the Optional Extended CLAIMS Reporting Period shall be determined PGI EL 005 0210 Page 7 of 11 policy. YOUR knowledge of CLAIM shall be deemed to have occurred when a principal, partner, director, or executive officer first learned of the CLAIM. All CLAIMS are to be reported to: Premier Claims Management, LLC. 2020E North Tustin Avenue Santa Ana, CA 92705 Tel: 888-683-2266 Fax: 866-885-4047 Email: claims@premierclaimsllc.com www.premierclaimsII .com B. No costs, charges or related CLAIM EXPENSES shall be incurred without OUR written consent which shall not be unreasonably withheld. WE shall have the right and the duty to designate legal counsel for the investigation, defense or settlement of a CLAIM. WE will not settle or compromise any CLAIM without YOUR consent. YOU shall do nothing to prejudice OUR rights under this policy nor shall YOU admit liability or settle any CLAIM without OUR written consent. If YOU refuse to consent to any settlement or compromise recommended by US involving any part of OUR limits of liability and acceptable to the claimant, and YOU elect to contest the CLAIM, suit or proceeding,then OUR liability shall not exceed the amount which WE would have paid for LOSSES and CLAIM EXPENSES at the time the CLAIM or suit or proceeding could have been settled or compromised. C. YOU shall assist and cooperate with US in the investigation, settlement and defense of all CLAIMS made against YOU and upon OUR request shall authorize the release of records and other information, secure and give evidence, attend hearings and trials and obtain the location of and cooperation of witnesses. Any expenses YOU incur resulting from such cooperation are not considered CLAIMS EXPENSES, and are thus not recoverable under this policy or chargeable against YOUR Deductible. D. In the event that YOU are entitled by law to select independent counsel to defend YOU at the Company's expense and YOU elect to select such counsel, the attorney's fees and all other litigation expenses WE must pay to that counsel are limited to the rates WE actually pay to counsel WE retain in the ordinary course of business in the defense of similar CLAIMS in the community where the CLAIM arose or is being defended. Additionally, WE may exercise the right to require that such counsel have certain minimum qualifications with respect to their legal competency including experience in defending CLAIMS similar to the one pending against YOU and to require such counsel to have errors and omissions insurance coverage. As respects any such counsel, YOU agree to require YOUR counsel to, in a timely manner, provide US with information regarding the CLAIM and to respond to OUR request for information regarding the PGI EL 005 0210 Page 6 of 11 C. EACH CLAIM EXPENSE LIMIT OF LIABILITY Our liability for Each Claim for CLAIM EXPENSES shall not exceed the amount stated in the Declarations as the Each Claim Expense Limit of Liability. D. AGGREGATE CLAIMS EXPENSE LIMIT OF LIABILITY OUR liability as a result of all CLAIM EXPENSES shall not exceed the amount stated in the Declarations as the Aggregate Claims Expense Limit of Liability Each POLICY PERIOD and Optional Extended CLAIMS Reporting Period, if purchased. E. DEDUCTIBLE As a condition to OUR liability under this policy, the Deductible amount stated in the Declarations shall be paid by YOU and shall be applicable to each CLAIM and shall include all DAMAGES and CLAIM EXPENSES up to the Deductible amount for each CLAIM. YOUR total Deductible payments, in respectto each CLAIM, shall not exceed the Deductible amount stated in the Declarations. We may from time to time advance payments for DAMAGES, LOSSES or CLAIM EXPENSES within the Deductible. ANY amounts first paid by US with the Deductible shall, upon written demand by US, be paid by YOU to US within thirty (30) days. F. MULTIPLE INSUREDS, CLAIMS AND CLAIMANTS The Limits of Liability stated in the Declarations and described herein are the most WE will pay, regardless of the number of INSUREDS, CLAIMS, or individuals or entities making CLAIMS. One or more CLAIMS arising out of a single WRONGFUL ACT or out of a series of related WRONGFULACTS shall be treated as a single CLAIM, and shall be subject to the Each CLAIM Limit of Liability and only one Deductible. All such CLAIMS, whenever made,shall be considered first made on the date on which the earliest CLAIM was first made. G. MEDIATION If YOU agree with US to use MEDIATION to resolve a CLAIM brought against YOU and if such CLAIM is resolved thereby,the Deductible stated in the Declarations shall be reduced by 50%for such CLAIM subject to a maximum reduction of$25,000. V. CLAIM PROVISIONS A. Notice of CLAIM In the event of a CLAIM,YOU shall provide to US prompt written notice containing particulars sufficient to identify YOU or any INSURED involved and reasonably obtainable information with respect to time, place and circumstances, and the names and addresses of any injured parties and of available witnesses. YOU further agree to send US copies of all demands or legal documents as soon as possible. Written notice must be provided to US no later than 60 days after the expiration or termination of the PG EL 005 0210 Page 5 of 11 E. any obligation for which YOU or any carrier as YOUR Insurer may be liable under any workers' compensation, unemployment compensation, employers liability, disability benefits law or under any similar law; F. conduct by an individual, corporation, or partnership of which YOU are a partner, director, officer, member or employee,that is not designated in the Declarations or by Endorsement as a NAMED INSURED; G. the advising, requiring, obtaining or maintaining of any form of insurance, suretyship or bond, or the failure to do so; H. any express warranty or guarantee, except that this exclusion shall not apply to a CLAIM where legal liability exists in the absence of such warranty or guarantee and arises from YOUR WRONGFUL ACT or the WRONGFUL ACT of YOUR subconsultants in the rendering of or failure to render PROFESSIONAL SERVICES; I. liability of others assumed by YOU under any oral or written contract or agreement, including but not limited to hold harmless and indemnity agreements,agreements to defend others, and liquidated damages clauses, except that this exclusion shall not apply to a CLAIM where legal liability exists in the absence of such contract or agreement and arises from YOUR WRONGFUL ACT or the WRONGFUL ACT of YOUR subconsultants in the rendering of or failure to render PROFESSIONAL SERVICES; J. any project that is or has been insured under a project specific insurance policy whether or not such policy remains in force, except that this exclusion shall not apply where excess coverage has been specifically endorsed onto this policy for such project and YOUR liability is found to be excess of the limits of liability available under the project specific policy; K. an actual or alleged WRONGFULACTwith respectto PROFESSIONAL SERVICES which occurred prior to the inception date of the policy known to any INSURED'S principal, partner, director, officer, agent or employee with responsibility for environmental affairs, legal affairs or risk management and which could reasonably be expected to give rise to a CLAIM. IV. LIMITS OF LIABILITY AND DEDUCTIBLE A. EACH CLAIM LIMIT OF LIABILITY Our liability for Each Claim for DAMAGES shall not exceed the amount stated in the Declarations as the Each Claim Limit of Liability. B. AGGREGATE LIMIT OF LIABILITY OUR liability as a result of all CLAIMS for DAMAGES shall not exceed the amount stated in the Declarations as the Aggregate Limit of Liability Each POLICY PERIOD and Optional Extended CLAIMS Reporting Period, if purchased. PGI EL 005 0918 Page 4 of 11