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HomeMy WebLinkAboutCAG2020-328 - Original - Jacobs Engineering Group, Inc. - Green River Natural Resource Area (GRNRA) North Pump Station - 10/20/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Jacobs Engineering Group Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jacobs Engineering Group Inc. organized under the laws of the State of Delaware, located and doing business at 1100 112th Avenue NE, Suite 500, Bellevue, WA 98004, Phone: (425) 233-3102, Contact: Erik Brodahl (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide project evaluation and feasibilitiy study peer review services for the Green River Natural Resource Area North Stormwater Pump Station Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. The 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. The Consultant shall complete the work described in Section I by December 31, 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Thousand, Seven Hundred Twenty Eight Dollars and Eighty Two Cents ($30,728.82), 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. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) the Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. 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 the 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 the 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 the 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 the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI.FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. 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. The 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. VIII. INDEMNIFICATION. The 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 the 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 the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the 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 the 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. IX.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. CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. 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. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the 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. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII 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. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) 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 the 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 the 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. / / / / / / / / / / / / / / / / / / / / / / / / 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. CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) 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: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Erik Brodahl Jacobs Engineering Group Inc. 1100 112th Avenue NE, Suite 500 Bellevue, WA 98004 (425) 233-3102 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk Jacobs - GRNRA N Stormwater PS/Hallock David L. Allison Manager of Projects October 14, 2020 2020.10.14 17:08:47-07'00' 10/20/2020 EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ _________________________________ Jacobs Engineering Group, Inc. Manager of Projects October 14, 2020 EEO COMPLIANCE DOCUMENTS - 2 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 - 3 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: _________________________________________ September 2020 Page 1 of 7 Jacobs Engineering Group Inc. Exhibit A City of Kent SCOPE OF SERVICES GRNRA North Stormwater Pump Station Project Evaluation and Feasibility Study Peer Review ------------------------ Jacobs Engineering Group Inc. September 2020 1. PROJECT UNDERSTANDING Study Area Challenges: The Green River Natural Resource Area (GRNRA) within the City of Kent is a 304-acre stormwater treatment, flood control and wildlife habitat area located within the Kent Valley. The project converted previous sewage treatment facilities to the current use in 1996, and includes a 35-acre lagoon, 20-acre constructed wetland, and three smaller pre-settling ponds (5.6 acres total). The GRNRA contains extensive plantings and provides trails, significant habitat, wildlife diversity and multiple uses. Upstream flood flows in Mill Creek (a Class 2 salmonid stream and tributary to the Green River) are diverted through the GRNRA Diversion Channel to the GRNRA, and routed after treatment and detention by GRNRA through an on-site human-made discharge channel, across South 212th Street and to the Boeing Channel, draining east and north back to Mill Creek. The Boeing Channel was improved/mitigated (as a part of the ShoWare Center project) and is considered non fish-bearing due to a fish screen at its discharge to Mill Creek. The GRNRA ponds are currently operating higher than the design target elevation levels, resulting in a loss of roughly 25% of the active flood storage capacity. A pump station to maintain flood storage capacity, thereby reducing flooding in downtown Kent and nearby industrial areas, was part of the original concept for GRNRA permitted in 1993 but was not constructed due to funding shortages (based on Joint Aquatic Resources Permit Application [JARPA]). Preliminary engineering prepared previously by another consulting firm included a proposed pump station located on the west side of the GRNRA lagoon, accessed by an existing service road. The early pre-design included intake fish screening to exclude warm-water fish species (introduced) within the lagoon. Additionally, the previous planned outfall location to the Green River is now complicated by planned levee improvements being installed along Russell Road by King County. The City owns a driveway entrance to the hotel (Hawthorn Suites by Wyndham) east of the GRNRA discharge channel and south of South 212th Street, which would be used as an access point to the preferred site. The current preferred site for the proposed pump station is between the GRNRA discharge channel and the adjacent hotel driveway, although the feasibility of this September 2020 Page 2 of 7 Jacobs Engineering Group Inc. location needs to be confirmed, as the City wants to avoid wetland impacts. The City plans to obtain a wetland delineation from another consultant for the area east of the diversion channel. Understanding of Project Goals and Objectives: x The City wants the pump station to be forward-compatible to be able to discharge to either of the following two directions/locations in the future. o The City is interested in evaluating the feasibility of the pump station discharge being tight-lined north across South 212th Street to the Boeing Channel, tributary to Mill Creek. The City is not currently aware of any current downstream flooding issues in Mill Creek. o The City wants the future flexibility to also discharge west via a force main to a future new outfall in the Green River north of the bridge on South 212th Street. The force main and Green River outfall are anticipated be a future separate project (with the force main likely routed along the south side of South 212th Street, crossing to the north side of the street west of the Amazon property and ponds). x The proposed pump station and conveyance system will be capable of diverting a minimum of 50 cubic feet per second (CFS), or potentially more from the GRNRA lagoon / drainage channel. o Discussions between the City and permitting agencies relating to the previous outfall location suggested a discharge rate of up to 50 CFS to the Green River would be acceptable. o Discharge to the Boeing Channel (tributary to Mill Creek) may potentially allow for higher pumping rates. x The proposed pump station will be located on the preferred site without impacting wetlands, thereby avoiding requiring additional mitigation. x The City developed project evaluation and feasibility study (study) will establish the appropriate design capacity of the downstream Boeing Channel. x The City developed study will evaluate means of providing backflow prevention in the existing gravity culverts draining across South 212th Street to the Boeing Channel, to prevent upstream surcharging from the proposed force main discharge. x The approximate size of the pump station facility needed will be analyzed by the study. x Although not to be evaluated in detail in the study, other potential locations for the pump station will be identified and remain as options. x The overall project should provide lower, more consistent water levels in the GRNRA Lagoon to benefit emergent vegetation, expose mud flats for improved bird habitat and improve the overall habitat (based on previous JARPA process). The City will be developing the study and requests Jacobs Engineering Group Inc. (Jacobs) to perform a peer level reasonableness review of the City-prepared project evaluation and feasibility study of the most recent project concept, which will include the new conceptual level pump station location and the function, routing, and sizing for the potential to discharge to the Boeing Channel / Mill Creek and Green River in the future. Jacobs will provide a peer review level of reasonableness assessment of the study presented concept and project definition. Jacobs will also analyze the available capacity in the Boeing Channel, using the HEC-RAS software program and the City’s existing model of the channel. 2. ASSUMPTIONS This scope of work is based on the following assumptions: September 2020 Page 3 of 7 Jacobs Engineering Group Inc. a. The objectives, activities and deliverables described herein include peer review of the City prepared project evaluation and feasibility study only. Additionally, the Consult will use HEC-RAS to assist with determination of the available capacity in the Boeing Channel. b. The City has provided and will provide certain additional supporting documents including the following: x JARPA and related documents and figures x JARPA agency review comments x Previous initial design drawings for pump station and force main x Wetland delineation information and reports, including planned delineation east of the GRNRA drainage channel. x Water quality information and reports x Biological assessment report x GIS data for project area x The City’s current HEC-RAS model of the Boeing Channel. Background information and reports related to the Boeing Channel, including cross- sectional data of the improved channel. x Hydraulic modeling information for pump station, including City-prepared calculations for either discharging to the Boeing Channel or the Green River (assumed to be spreadsheet-based calculations to determine total dynamic head [TDH] using upstream and downstream water surface levels, pipe friction loss and minor losses). x Project evaluation and feasibility study prepared by the City, including proposed capacity, pump station siting, conveyance routing concepts, and environmental/permitting considerations. c. City-Furnished Data: City will provide to Consultant all data in City’s possession relating to Consultant's services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by City. Availability of records and data are beyond the Consultant’s control. Unanticipated delays in receipt of data or need to collect additional data for validation could impact the delivery schedule or level of effort. d. City will maintain responsibility for work prepared by the City, independent of Consultant’s reasonableness review. Jacobs will make a good faith effort in accordance with the standard of care in the industry to accomplish the review and evaluation of the study and related materials furnished by the City or other professionals retained by the City (the “work of others”). However, Jacobs shall bear no responsibility for deficiencies in the work of others, regardless of any allegations of negligence by Jacobs. City acknowledges that any liability for deficiencies in the work of others shall be attributable to the person or entity providing such work, irrespective of the review by Jacobs. 3. PROPOSED SCOPE OF WORK FOR PROJECT EVALUATION AND FEASIBILITY STUDY PEER REVIEW Task 100 – Project Management September 2020 Page 4 of 7 Jacobs Engineering Group Inc. The purpose of this task is to provide oversight and management of the work including contract administration, quality assurance, and periodic communication with the City. Activities: Obtain written or verbal notice to proceed from the City’s Project Manager prior to initiating work for this task. Project Plan. The Consultant will prepare a Project Plan that will describe project background and purpose, include the project scope, budget, and project communication and administrative protocols. Total level of effort by Consultant for this project initiation is estimated as eight (8) hours. Kickoff Meeting. The City will schedule and host a kickoff meeting at the outset of the feasibility study. Due to the ongoing COVID-19 conditions, the kickoff meeting is assumed to be a virtual meeting. x The kickoff meeting will establish the goals for the new facility and examine the expectations for the both the immediate study and potential future follow-on work required for completion of the new facility. x The meeting will also include a review of the available data upon which the study is to be based, identification of the analyses to be prepared as part of the study, and an outline of for the study documentation report to be provided by the City. x Consultant will plan to have two staff members participate in the meeting discussions. Total level of effort by Consultant for this meeting is estimated as eight (8) hours. Project Administration. The following activities are included for a project duration of up to four (4) months: x The Consultant will manage the project according to the Scope, Schedule, and Budget as defined in herein and as contracted. x The Consultant will prepare a monthly progress report to accompany each monthly invoice. Progress reports will include a narrative of work completed and budget status. x Total level of effort by Consultant for the continuing project administration is estimated as one (1) hour per month. Periodic Communication. The Consultant will maintain regular communication with the City’s Project Manager to discuss and review information and issues that may affect the progress of the work. Communication may include phone conversations, virtual meetings, and electronic communication. Total level of effort by Consultant for the duration of the project is estimated as one (1) hour per month. Deliverables: The following Deliverables are included in this Task: x Monthly progress reports and invoices. x Periodic communications documentation as requested. September 2020 Page 5 of 7 Jacobs Engineering Group Inc. Task 200 –Project Evaluation and Feasibility Study Peer Review The purpose of this task is to review data prepared by the City; to review the proposed project concept against stated objectives; review the feasibility of potential improvements to mitigate flooding issues; review the layout and location of the proposed pump station, force main, and discharge to Boeing Channel for reasonable identification of potential conflicts; and provide a review of the summarized potential environmental and permitting implications prepared by City. Assumptions: x The Consultant will use and rely on data, previous reports, and new reports provided by the City for evaluation of the project. x Consultant will provide a high-level review of the methodology provided by the City for determining the new location and size of the pump station. x Consultant will provide a high-level review of hydraulic calculations for the pump station sizing. x The City’s existing HEC-RAS model of the Boeing Channel will generally be suitable for the intended capacity analysis purposes and only will require relatively minor updates prior to introducing simulated pump station discharge. The existing model is assumed to include any other known tributary discharges to the Boeing Channel. City will provide existing data relating to gravity discharge from the GRNRA lagoon to the Boeing Channel. x Consultant will provide a high-level review of the overall discharge concept and routing for the proposed pump station. x The peer review will focus on the comprehensiveness of the feasibility study prepared by the City in documenting the proposed concept for advancement of the overall project objectives. The review will not include developing new alternatives for siting the pump station, force main, or outfall. Activities: Obtain written or verbal notice to proceed from the City’s Project Manager prior to initiating work for this task. Data Review. The City will provide copies of previous studies, information, and models for the project area referenced in the feasibility study. The Consultant will review the data and applicable reports for proper incorporation of the data into the City’s feasibility analyses. Project Evaluation and Feasibility Study Peer Review. The Consultant will provide peer review of the project concept based on engineering, permitting, and environmental considerations. A draft project evaluation and feasibility study (Technical Memorandum) prepared by the City will summarize this information for Consultant review and comment. This review will occur at the draft feasibility study level (roughly 80% completion level) and is anticipated to include the following specific areas of focus: x The Consultant will review the City’s existing HEC-RAS model and the GRNRA lagoon gravity discharge data provided by the City. Consultant will analyze the Boeing Channel using the City’s existing HEC-RAS model, and refine the model as needed. Analysis will include the addition of simulated pumped discharge from the future GRNRA North Pump September 2020 Page 6 of 7 Jacobs Engineering Group Inc. Station, to help determine the available capacity in the channel. Consultant will provide the capacity results in the form of a brief summary memo for inclusion with the City’s project evaluation and feasibility study. x The Consultant will review the City’s feasibility evaluation of installing a pump station that could discharge to the Boeing Channel or a new future outfall to the Green River. Consultant will prepare a memo summarizing comments and questions to the City relating to the draft project evaluation and feasibility study provided by the City. Upon resolution of comments to the draft report, the City will incorporate the comments as necessary to finalize the study, followed by a final review by the Consultant and memo summarizing peer review of the final City-prepared document. Consultant will plan to provide the peer review memos within two weeks of submittal by the City of the draft and final versions of the project evaluation / feasibility study. If the City submits pump station hydraulic calculations earlier and separately from the project evaluation / feasibility study documents, Consultant will plan to provide review comments on these calculations within two weeks of submittal by the City. Deliverables: x Peer review memo of City-provided draft and final project evaluation and feasibility study, digital (in PDF format). x Brief memo summarizing results of HEC-RAS capacity analysis of the existing Boeing Channel, draft and final. x Updated version of City’s HEC-RAS model used for capacity analysis of the Boeing Channel. Task 300 – City Discretionary Allowance for Technical Support Services Given the preliminary nature of the project development, the Consultant’s not-to-exceed level of effort includes a roughly eleven percent (11%) task allowance for City request of additional minor technical support services. Utilization of this task will be at the discretion of the City based on documented acknowledgement by Consultant of the requested additional services within the established task budget. This is essentially an “on-call” task; if additional technical support services are not requested by the City, this task will not be used. Activities: Obtain written or verbal notice to proceed from the City’s Project Manager prior to initiating work for this task. Deliverables: To be determined in City’s written request (and subsequent acknowledgement by Consultant), assumed to primarily consist of emailed responses or telephone discussions. 3. PROPOSED KEY CONSULTANT STAFF The following key staff members of the Consultant have been identified for this project: x Project Manager: Erik Brodahl September 2020 Page 7 of 7 Jacobs Engineering Group Inc. x Project Engineer: Ben Nelson x Stormwater Engineer: Azar Takeshi x Environmental / Permitting: Becki Kniveton 4. PROPOSED SCHEDULE Schedule to be determined by City, with review and input from Consultant for provided Consultant services. For time-based level of effort, such as overall project management and coordination, a four (4) month overall project schedule from NTP has been assumed. This schedule assumes initial coordination, the kickoff meeting, review of background materials, preparation of the Boeing Channel capacity analysis, additional technical input if needed, and time for the City to prepare the various identified items, assuming delivery to Consultant may be staggered. Consultant will not be performing significant amounts of work on this project throughout this period, just when needed and requested by the City. END OF SCOPE OF WORK GRNRA North Stormwater Pump Station - Project Evaluation and a E m o Feasibtl4y Study Pear Review a a ru c } E— September 2020 -a _o R u Y r P Y q LL � G � i1 'aqt a a x TASK I SUB TASK TkTLES m c v dr = m a N m — f tit � 100-Project Management Prejed NWsgem nem Plan. Schedule, and St up S 8 2 i S 1,66015 S 1,66015 ProJesl Adrninislr.tInn and Commuruca6on 6 6 6 $ 1,36843 S 1,368.43 Mtckeff Meemng and Preparalion 6 3 3 8 S 1,12180 5 1,12180 Subtotal 20 151 51 01 01 01 20 S 4,150.38 S' 4,150.38 200 - Feastbll Studx Peer Rcwlew Revrew 8aernq Channel HEC-RAS model and perform r paoty. analysis 65 5 4 6 _ 48 SS $ 7,96957 S 7,96957 Prepare draft and finalrname se mrnaruft HE6RAS results 22 3 4 2 12 22 S 2,98172 S 2,981 72 Renew PropGS Evalvaliorl ( Station Sde and SrsinQ) 23 4 6 8 23 S 3,461 73 S 3,461 73 Review FeBslblitly Study2B 5 6 10 V 26 S 3,90313 S 3,903.13 PrepareDMfI PeerRov[aw Memo22 .4 8 8 22 S 3,28532 S 3,28532 epara Ina eer ev�ew amo 1i 2 4 4 71 $ 1,64266 S 1,64266 Subtotal Ir.91 2il 36 81 Sol 12 7S9 s 23,244.12 S 23,244.12 300 - Ci Discretion Allowance for Technical Support Services Crty Req uaste6 Techmcat Support Serwoes 22 { 8 $ 2 ll $ 3,28532 $ 3,285.32 vbtotal Z2 Al8 0 8 2 22 S 3,285.32 S 3,285.32 TOTAL 1 2111 421 4SJ 81 J81 141 2111 30.879,82 30,679.82 TOTAL HOURS 211 SUBTOTAL BUDGET $30,679.82 Billing Rate : •223.U7 S 14 728,83 S. t .T& & i47 SUBTOTAL $30,67 A2 57.:47' '.43p.61 570: 'S2.i69:i3 Firth ODCs TOTAL COST S13 Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS FORCONSULTANT 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 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 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 $3,000,000 each occurrence, $3,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $3,000,000 per claim and $3,000,000 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 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 A:VII. 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 Consultant 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. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 3,000,000 Los Angeles, CA 90071 1,000,000 22667 1-212-948-1306 3,000,000 X CIRTS_Support@jacobs.com Marsh Risk & Insurance Services ACE AMER INS CO 07/01/21 10/15/2020 EON G21655065 011 220 Fourth Avenue South 500,000 DEFENSE INCLUDED 1-212-948-1306 AGGREGATE PER CLAIM/PER AGG A 633 W. Fifth Street 07/01/20 A 07/01/2107/01/20 07/01/21 X THIS CERTIFICATE OF INSURANCE WILL NOT EXCEED OR BROADEN IN ANY WAY THE TERMS, CONDITIONS, AND LIMITS AGREED TO UNDER interests/Cross Suits Liability provision in favor of the holder. *THE TERMS, CONDITIONS, AND LIMITS PROVIDED UNDER holder's insurance is excess and non-contributory. General Liability coverage includes the severability of performance of insured's services to cert holder under contract for captioned work. Coverage is primary and certificate an additional insured for general liability & auto liability as respects the negligence of the insured in the Station Project. CONTRACT END DATE: 12/31/2021. PROJECT NUMBER: W3X81305. SECTOR: Public. City of Kent is added as 3,000,000 PROJECT MGR: Erik Brodahl. CONTRACT MGR: Pauline Kellum. RE: Green River Natural Resource Area North Stormwater Pump 07/01/20 LIC #0437153 3,000,000 Kent, WA 98032 3,000,000 "CLAIMS MADE" PROFESSIONAL LIABILITY X 07/01/21 1,000,000 CONTRACTUAL LIABILITY 07/01/20 WLR C67460303 STOP-GAP COV. Los Angeles, CA 90017 60516387 60516387 ISA H25307306 1,000,000 X USA A A nyumdo_newgalexy N 5,000 X Jacobs Engineering Group Inc. City of Kent 1000 Wilshire Blvd., Suite 2100 C/O Global Risk Management HDO G71452694 X 1,000,000 CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT Named Insured Jacobs Engineering Group Inc. Endorsement Number 5 Policy Symbol Policy Number Policy Period Effective Date of Endorsement HDO G71452694 07/01/2020 TO 07/01/2021 Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Subject to and eroding the General Aggregate Limit shown in the Declarations, for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at your construction projects away from premises owned by or rented to you (such ongoing operations at such construction projects are hereinafter defined as "Your Projects"): 1. A separate Construction Project General Aggregate Limit applies to all of Your Projects, and that limit is equal to the amount required under written contract, but in no event greater than the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medical expenses under COVERAGE C, which damages and medical expenses can be attributed only to Your Projects, regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses that can be attributed to Your Projects shall reduce the Construction Project General Aggregate Limit and shall also reduce and erode the General Aggregate Limit shown in the Declarations. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, such limits will be subject to the Construction Project General Aggregate Limit, as well as the General Aggregate Limit shown in the Declarations. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed only to Your Projects: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce the Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. MS-22357 (07/17) ©Chubb. 2016. All rights reserved. Page 1 of 2 CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT D. If any one or more of Your Projects has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. MS-22357 (07/17) ©Chubb. 2016. All rights reserved. Page 2 of 2 ADDITIONAL INSURED - AUTOMATIC STATUS Named Insured Jacobs Engineering Group Inc. Endorsement Number 270 Policy Symbol Policy Number Policy Period Effective Date of Endorsement HDO G71452694 07/01/2020 TO 07/01/2021 Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHFDl1LF Name of Person or Organization: Any person or organization for whom any Named Insured is required by written contract or agreement entered into prior to the loss to provide insurance, where such written contract or agreement does not expressly identify a particular Insurance Service Organization Form to be applied to their additional insured status. Who Is An Insured (Section II) includes as an additional insured the person or organization shown in the Schedule, but the insurance shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided such additional insured exceed the scope of the coverage and/or limits required by said contract or agreement; and, if such additional insured's scope of coverage is not expressly stated in such contract or agreement, then such coverage is limited to the additional insured's vicarious liability to the extent directly caused by the Named Insured's negligence during the Named Insureds ongoing operations. This insurance shall be primary insurance to the extent required by said contract or agreement, and any other insurance or self-insurance maintained by such person or organization shall be noncontributory with the insurance provided hereunder to the extent specified in said contract agreement. Where the contract or agreement provides that the additional insured's scope of coverage is for the Named Insured's indemnity obligations under such contract or agreement, then such coverage shall be limited to the extent such indemnity obligations are enforceable under applicable law. Notwithstanding the foregoing sentence, in no event shall the insurance provided such additional insured exceed the scope of coverage required by said contract or agreement. Notwithstanding anything to the contrary, the coverage provided an additional insured under this endorsement shall be limited to the minimum coverage limits required to be provided by the Named Insured under the written contract or agreement. MS-32057 (07/19) ©Chubb. 2016. All rights reserved. Page 1 of 1 ADDITIONAL INSURED - DESIGNATED PERSONS OR ORGANIZATIONS Named Insured .Jacobs Engineering Group Inc. Endorsement Number 165 Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H25307306 07/01/2020 To 07/01/2021 Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. -Project and/or Contract: All projects and/or contracts where you perform work for such additional insured pursuant to any such written contract. A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of: 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. C. With respect to the insurance afforded to these additional insureds, the following applies: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. If such additional insured's scope of coverage is not expressly stated in a contract or agreement, then such coverage is limited to the additional insured's vicarious liability to the extent directly caused by the Named Insured's negligence during the Named Insureds ongoing operations. This insurance shall be primary insurance to the extent required by said contract or agreement, and any other insurance or self-insurance maintained by such person or organization shall be noncontributory with the insurance provided hereunder to the extent specified in said contract agreement. Where the contract or agreement provides that the additional insured's scope of coverage is for the named insured's indemnity obligations under such contract or agreement, then such coverage shall be limited to the extent such indemnity obligations are enforceable under applicable law. MS-60621 (07/18) ©Chubb. 2016. All rights reserved. Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT — SCHEDULE — EMAIL ONLY Named Insured Jacobs Engineering Group Inc. Endorsement Number 15 Policy Symbol Policy Number Policy Period Effective Date of Endorsement HDO G71452694 07/01/2020 To 07/01/2021 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic notification as we determine, to the persons or organizations listed in the schedule that you or your representative provide or have provided to us (the "Schedule"). You or your representative must provide us with the e-mail address of such persons or organizations, and we will utilize such e-mail address that you or your representative provided to us on such Schedule. B. The Schedule must be initially provided to us within 15 days after: i. The beginning of the Policy period, if this endorsement is effective as of such date; or ii. This endorsement has been added to the Policy, if this endorsement is effective after the Policy period commences. C. The Schedule must be in an electronic format that is acceptable to us; and must be accurate. D. Our delivery of the notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. We will endeavor to send such notice to the e-mail address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. F. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. G. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with a Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. H. We may arrange with your representative to send such notice in the event of any such cancellation. I. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. J. This endorsement does not apply in the event that you cancel the Policy. ALL-32685 (01/11) Page 1 of 2 All other terms and conditions of the Policy remain unchanged. Authorized Representative ALL-32685 (01/11) Page 2 of 2 NOTICE TO OTHERS ENDORSEMENT — SCHEDULE — EMAIL ONLY Named Insured Jacobs Engineering Group Inc. Endorsement Number 3 Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H25307306 07/01/2020 To 07/01/2021 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic notification as we determine, to the persons or organizations listed in the schedule that you or your representative provide or have provided to us (the "Schedule"). You or your representative must provide us with the e-mail address of such persons or organizations, and we will utilize such e-mail address that you or your representative provided to us on such Schedule. B. The Schedule must be initially provided to us within 15 days after: i. The beginning of the Policy period, if this endorsement is effective as of such date; or ii. This endorsement has been added to the Policy, if this endorsement is effective after the Policy period commences. C. The Schedule must be in an electronic format that is acceptable to us; and must be accurate. D. Our delivery of the notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. We will endeavor to send such notice to the e-mail address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. F. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. G. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with a Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. H. We may arrange with your representative to send such notice in the event of any such cancellation. I. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. J. This endorsement does not apply in the event that you cancel the Policy. ALL-32685 (01/11) Page 1 of 2 All other terms and conditions of the Policy remain unchanged. Authorized Representative ALL-32685 (01/11) Page 2 of 2 JACOBS ENGINEERING GROUP INC. 1000 WILSHIRE BOULEVARD, SUITE 1000 LOS ANGELES CA 90017 WLR C67460303 07-01-2020 07-01-2021 07-01-2020 ACE AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Jacobs Engineering Group Inc. Endorsement Number Policy Symbol EON Policy Number G21655065 0 Policy Period 07/01/20 to 07/01/20 Effective Date of Endorsement 07/01/20 Issued By (Name of Insurance Company) ACE American Insurance Company NOTICE TO OTHERS ENDORSEMENT – SCHEDULE . If We cancel or non-renew the Policy prior to its expiration date by notice to You for any reason other than nonpayment of premium, We will endeavor, as set out below, to send written notice of cancellation or non-renewal via such electronic or other form of notification as We determine, to the persons or organizations listed in the schedule that You or Your representative provide or have provided to Us (the Schedule). You or Your representative must provide Us with both the physical and e-mail address of such persons or organizations, and We will utilize such e-mail address and/or physical address that You or Your representative provided to Us on such Schedule. . The Schedule must be initially provided to Us within 30 days after: i. The beginning of the Policy Period, if this endorsement is effective as of such date; or ii. This endorsement has been added to the Policy, if this endorsement is effective after the Policy Period commences. . The Schedule must be in a format that is acceptable to Us and must be accurate. .Our delivery of the notification as described in Paragraph A of this endorsement will be based on the most recent Schedule in Our records as of the date the notice of cancellation or non-renewal is mailed or delivered to You. .We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation or non-renewal date applicable to the Policy. . The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation or non- renewal of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation or non-renewal to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon Us,Our agents or representatives, will not extend any Policy cancellation or non-renewal date and will not negate any cancellation or non-renewal of the Policy. .We are not responsible for verifying any information provided to Us in any Schedule, nor are We responsible for any incorrect information that You or Your representative provide to Us. If You or Your representative does not provide Us with a Schedule,We have no responsibility for taking any action under this endorsement. In addition, if neither You nor Your representative provides Us with e-mail address and/or physical address information with respect to a particular person or organization, then We shall have no responsibility for taking action with regard to such person or entity under this endorsement. . With respect to this endorsement Our,Us or We means the stock insurance company listed in the Declarations, and You or Your means the insured person or entity listed in Item 1 of the Declarations page. All other terms and conditions of this Policy remain unchanged. MS-36362 (04/19) Authorized Representative SUPP (10/00) SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE NAME OF INSURED: Jacobs Engineering Group Inc. 10/15/2020 THE APPLICABLE CONTRACT.*