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CAG2022-042 - Original - Tetra Tech, Inc. - Lake Fenwick Alum Treatment - 02/02/2022
Nancy Y for Rowena Valencia-Gica Public Works 02/01/2022 02/08/2022 N/A D20097 N/A Tetra Tech, Inc.Contract Other Lake Fenwick Alum Treatment Provide design and treatment support services for Lake Fenwick. $64,859 Other 2/1/22 CAG2022-042 2/1/22 2/2/22 _____Original CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Tetra Tech, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tetra Tech, Inc. organized under the laws of the State of Delaware, located and doing business at 1212 N. Washington Street, Suite 120, Spokane, WA 99201, Phone: (509) 979-9672, Contact: Shannon Brattebo (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 alum treatment design and treatment support services for Lake Fenwick. 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, 2022. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Four Thousand, Eight Hundred Fifty Nine Dollars ($64,859), 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 the CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) 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. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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. 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. CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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. 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. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) 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. 02/02/2022 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. � l ar: '--' -7'h-A --T;t. i I h L Title: fKj � A)O Date: EEO COMPLIANCE DOCUMENTS - 1 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: _________________________________________ EXHIBIT A Task 2b: Sediment Sampling and Analysis Tetra Tech will collect three sediment cores in Lake Fenwick and have them analyzed to a depth of 30 to 50 centimeters (cm) for phosphorus fractions and other parameters of interest (iron, aluminum, calcium, % solids, and % water). One sediment core will be collected at the deepest point in the lake near the hypolimnetic aerator at a depth of around 9 m. The second core will be collected mid -lake from the boat launch in about 6 m of water and a third core will be collected in the southern end of the lake in about 3 m of water. Sediment core data will be used to calculate an aluminum dose to inactivate sediment mobile phosphorus. Sediment cores will be collected using a piston corer deployed from a boat. Sediment cores will be delivered to IEH Analytical Laboratory in Seattle, WA and sectioned by the laboratory into sections. Cores will be sectioned into 8 sample intervals: 0-2 cm, 2-4 cm, 4-6 cm, 6-10 cm, 10-15 cm, 15-20 cm, 20-30 cm, and 30- 50 cm. All sample intervals will be analyzed for total solids and water content, total phosphorus, total aluminum, total calcium, total iron, and the following phosphorus fractions: loosely -bound P, iron -bound P, organic P, biogenic P, aluminum -bound P, and calcium -bound P. IEH Analytical Laboratories will analyze the sediment cores for the specified parameters using appropriate methodology defined in a chain -of -custody record. IEH Analytical Laboratories will complete the analyses and submit a data report to Tetra Tech within 8 weeks of receipt of sediment cores. Tetra Tech will conduct a quality assurance review of the sediment data. The reviewed data will be tabulated in a spreadsheet database and presented graphically with comparisons to sediment data from other WA lakes. Deliverables; • Electronic copies of lap reports • Sediment core data and QA/QC review of core data for usability (will be included in Technical Memorandum as part of Task 2c) Assumptions: • The City of Kent and Tetra Tech mutually agree on the number and location of sediment cores. • Tetra Tech will provide 2 field staff as well as equipment to collect sediment cores. • IEH Analytical Laboratories will provide sediment data and lab reports within 8 weeks of receipt of cores. If the lab turn around time is longer, this may delay the project schedule. Task 2c: Technical Memorandum Tetra Tech will prepare a technical memorandum summarizing the findings of Task 2a and Task 2b. The technical memorandum will include tables and graphs of Lake Fenwick water quality data as well as analysis and findings of the water quality data review. The memo will also present the sediment core collection and analysis methods, results of the quality assurance review, and comparison of the sediment data to other WA lakes. The technical memorandum will also include the aluminum dose determined to inactive mobile sediment phosphorus (Task 3) and a description of the methods and assumptions used to calculate the dose. Deliverables: 0 Draft and Final Technical Memorandum Task 3: Alum Treatment Planning & Design Tetra Tech will determine the aluminum dose needed to inactivate mobile sediment phosphorus in Lake Fenwick based on the evaluation of water quality data and sediment data collected as part of Task 2. Tetra Tech will calculate the quantities required of aluminum sulfate (alum) and sodium aluminate (buffer) to meet the estimated aluminum dose. Tetra Tech will develop alum treatment technical specifications for contracting documents based upon the calculated aluminum dose and treatment strategy recommended. These specifications will serve as a technical resource on which to base bid documents for contractor procurement. The technical specifications will define the application approach, schedule, time of year for the application, alum and sodium aluminate specification, quantities, and dose. The technical specifications will also detail the required application equipment. Deliverables: • Estimated aluminum dose to inactivate mobile sediment phosphorus (included in Technical Memorandum as part of Task 2C) • Alum and sodium aluminate quantities for determined dose • Draft and Final treatment specifications Task 4: Alum Treatment Cost Estimate Tetra Tech will provide estimates of costs for the designed alum treatment. The cost estimate will be based on a cost per gallon applied for each, alum and sodium aluminate, as well as an assumed mobilization and demobilization percentage. Tetra Tech will include sales tax as well as a contingency in the cost estimate. Tetra Tech will base the cost per gallon applied for each chemical on recent treatments conducted in Washington. Deliverables: • Alum treatment cost estimate Assumptions: • In providing opinions of costs, Tetra Tech has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect application; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate Project cost. Task 5: Permitting Assistance The City will need to obtain an Aquatic Plant and Algae Management General Permit for an alum treatment at Lake Fenwick. Tetra Tech will assist the City with the preparation of the permit application by supplying necessary technical information, however the City will ultimately be responsible for completion and submittal of the permit to the Washington Department of Ecology. Deliverables: 0 Technical expertise and support with preparation of the permit application Assumptions: • The City of Kent is responsible for applying for and obtaining permit coverage under the Aquatic Plant and Algae Management General Permit. • The City of Kent will be responsible for sending out all required public notices, mailings, and announcements. Tetra Tech will provide assistance with the language and narrative included in the public notices, mailings, and announcements. • The City of Kent will be responsible for required postings and public notices during the treatment. The City of Kent may choose to have the contractor provide all postings and signage during the treatment. Task 6: Bid Evaluation Assistance Tetra Tech will provide technical and overall assistance to the City during the bid process for an alum treatment of Lake Fenwick. This will include addressing questions from potential bidders and from City staff as they may occur. Deliverables: • Responses via electronic format (email) to any bid questions the City send to Tetra Tech. Assumptions: • Bid question responses will be returned to the City within 3 working days from receipt of questions by Tetra Tech. • If Tetra Tech determines that any bid question requires more time to respond, Tetra Tech will coordinate request for additional time with the City. Task 7: Alum Treatment Construction Support and Monitoring Tetra Tech will provide applied, technical, engineering and scientific services during the Lake Fenwick alum treatment. This will include technical oversight of the alum contractor to ensure correct implementation of the technical specifications to maximize the alum treatment effectiveness and environmental safety. Tetra Tech will report any issues or concerns and recommend corrective actions to the City Project Manager as needed. Tetra Tech field staff will be in contact with the Tetra Tech PM and Principal Limnologist during the application to discuss field observations and monitoring data. The Tetra Tech PM will prepare brief daily reports of treatment observations and corrective actions (if required). The Tetra Tech PM will also review all documents (i.e. bill of ladings and chemical specifications) provided by the application contractor. Tetra Tech will conduct water quality monitoring pre-, during, and post -treatment. Treatment monitoring conducted by Tetra Tech will include the following elements: Monitoring before and after the alum application to evaluate short-term impacts of the treatment on water quality. This treatment will be conducted at the historical water quality monitoring station near the aerator in the deepest portion of the lake. Daily monitoring (in the morning before treatment begins, mid -day during the application, and in the afternoon or evening when treatment ends for the day) to verify that the lake pH is not less than 6.0 or higher than 8.5 at established monitoring stations (3 total) Random monitoring of pH during the alum application Pre- and post -treatment monitoring will consist of measuring field parameters throughout the water column and collecting water samples from 1 meter below the water surface and 1 meter above the lake bottom at one location. Field parameters will be measured, and samples collected by Tetra Tech on three occasions: 1) the day before the first day of treatment, 2) the day following completion of the treatment, and 3) two weeks following the last day of treatment. The collected samples will be analyzed for the following parameters: • Secchi disk (field measurement) • Temperature (field measurement at 1-meter intervals) • Dissolved oxygen (field measurement at 1-meter intervals) • pH (field measurement at 1-meter intervals) • Conductivity (field measurement at 1-meter intervals) • Total alkalinity • Total hardness • Dissolved organic carbon (DOC) • Total aluminum • Dissolved aluminum • Total phosphorus • Soluble reactive phosphorus • Total nitrogen • Nitrate+nitrite nitrogen • Chlorophyll a (only at 1 meter below the surface) The alum treatment will be suspended if the pH is consistently less than 6.0 at the treatment site or at the monitoring stations. Additional monitoring will be conducted as necessary to determine when the lake pH and alkalinity have adequately recovered. Treatment may resume if the pH is greater than 6.2 and the alkalinity is greater than 5 mg/L at all monitoring locations. Observations of the alum treatment activities, floc formations, and potential fish and wildlife impacts will be made during hourly monitoring. All data and observations will be recorded. If treatment monitoring data do not comply with the permit terms and conditions, Ecology's Northwest Regional Office will be notified immediately. In addition, observations of fish or wildlife impacts will be immediately reported to the Washington Department of Fish and Wildlife. Deliverables: • Daily reports of treatment observations (via email from PM) • Daily water quality monitoring data • Pre and post treatment monitoring data • Electronic copies of all lab reports and COCs • Scanned copies of field notebooks and/or field data sheets Brief technical memo summarizing pre-, during and post -treatment monitoring data. Assumptions: • The alum treatment is expected to take no more than 2 days to complete including contractor staging and demobilization. • Tetra Tech will provide 2 field staff with alum treatment experience to observe the alum contractor and conduct treatment monitoring. Assumed 10-hour days for each field staff for the 2 days of treatment, plus an additional 24 hours per field staff to conduct the pre- and post -treatment monitoring over 3 sampling events. Time includes preparing sampling equipment and sample bottles as well as mob and demobilization. • The additional time spent by Tetra Tech staff if the treatment takes longer than the assumed 2 days or if Tetra Tech staff are required to be on -site longer than 10 hours per day to observe the contractor is not included in this scope and will require a contract amendment as needed. • The alum contractor will be responsible for developing a health and safety plan for the site. The alum contractor will be responsible for the safety of their staff and all chemical management. • The alum contractor will be responsible for the required jar test prior to the start of treatment. The jar test will be conducted using chemicals delivered to the site and using the specified dose of alum and buffer to ensure correct buffering under current treatment conditions. • Tetra Tech will notify City staff immediately if there are concerns or issues that arise during treatment that the City needs to be aware of. • The City will be responsible for additional required post treatment monitoring of total aluminum, pH, DOC and hardness once per month for two months following the completion of the treatment (per permit requirements). • The City will be responsible for the additional required quarterly post treatment monitoring of total aluminum, pH, DOC, and hardness for one year after completion of the treatment (per permit requirements). Project Schedule Tetra Tech's proposed project schedule is shown below in Table 1. This scheduled start date is contingent upon execution of the contract between the City and Tetra Tech. Changes to this schedule shall be agreed upon by both parties. Table 1. Propose Project Schedule. I�. Project NTP/Start Date January 15, 2022 City provides Tetra Tech with all 2021 WQ Data February 1, 2022 Collect Sediment Cores Mid -Late February 2022 Receive Sediment Data from IEH Analytical Laboratories No later than April 13, 2022 Draft Technical Memo June 3, 2022 Alum and Sodium Aluminate Quantities June 3, 2022 Alum Treatment Cost Estimate June 17, 2022 City provides comments on Draft Technical Memo June 17, 2022 Begin Permit Application Process and Notice of Intent 90 days prior to treatment around July 1, 2022 Final Technical Memo Jul 1, 2022 Draft Treatment Technical Specifications July 1, 2022 City provides comments on Draft Treatment Technical Specifications July 15, 2022 Final Treatment Technical Specifications July 22, 2022 City of Kent Request for Bids July 29,2022 Alum Treatment Early to Mid -October, 2022 Post -Treatment Monitoring (by Tetra Tech) Day following completion of treatment and 2 week post treatment Treatment Monitoring Summary Technical Memo 45 days from receipt ofpost-treatment monitoring lab report Project Costs Estimated detailed labor hours for Tetra Tech personnel to compete this scope of work are shown in Table 2. Table 3 summarizes anticipated project costs for the labor hours detailed in the SOW and Table 2. Table 4 lists current rates for Tetra Tech personnel and their respective roles for this project through December 31, 2022. w o w w N U U � Qm>> mom2nm>KM o E c ] m/]] m A s- k E& m q&� m: 0 a a g W w a 7 c n lu� 90 ƒ 7 ƒ/ n e -. K m 0Kq�ƒ33/2Cr #��� 2.\ £ g q a a ® \ r iƒ 2 0 ƒ a o ƒ @.# n k n = § o S§ 7+ _ n 3-n o a n k § A CC CD ]§ cc k > E 0 k CD ƒ w �% § # c ] e cn � P &%»»»kkoG k . . t : : co » & » o, PQ » » a 4� a o a . k k » 2 . co co ; ; : ; ; : : ; Table 3. Detailed Proiect Costs. 1 Project Coordination and Management — Contract Administration $5,450 2 Evaluation of Lake Fenwick Conditions Pertainingto Alum Treatment 2a Evaluate Lake Fenwick Water Quality Data $5,120 2b Sediment Sampling and Analysis $7,450 2c Technical Memorandum $7,060 3 Alum Treatment Planning & Design $5,820 4 Alum Treatment Costs $1,940 5 Permitting Assistance $1,900 6 Bid Evaluation Assistance $2,250 7 Alum Treatment Construction Support & Monitoring $17,750 Total Labor Costs $54,740 Sediment Core Analysis see Table 5 for breakdown $7,230 Sediment Corer Rental and Tubes $250 H drolab Rental, $85 per day, 7 days $595 Water Quality Sample Analysis see Table 6 for breakdown $1,596 Mileage 800 miles @ $0.56 per mile $448 Total ODCs Cost $10,119 Total Project Cost $64,859 Table 4. Tetra Tech Rate Schedule for 2022. LaborJU ..Labor Project Manager/ $155.00 Environmental En ineer Civil -Environmental Engineer $155.00 Principal Limnolo ist $175.00 Senior Limnologist & QA/QC $175.00 Review Field Engineer $110.00 Admin Support $115.00 Project Controls $135.00 *Rates Expire December 31, 2022 Table 5. Sediment Core Analysis Costs L .. % solids, % water 24 $20 $480 Phosphorus Fractions (TP, loosely -bound P, Fe -bound P, 24 $225 $5,400 Organic-P, Biogenic-P, AI -bound P, and Ca -bound P Total Aluminum, Total Calcium, Total 24 $50 $1,200 Iron Sectioning Fee 3 $50 $150 Total $7,230 Table 6. Water Quality Sample Analysis Costs Parameter MIN'umber Total Alkalinity of Samples* 6 Cost per Sample $20 Total Cost $120 Total Hardness 6 $20 $120 Dissolved Organic Carbon DOC 6 $50 $300 Total Aluminum 6 $22 $132 Dissolved Aluminum 6 $30 $180 Total Phosphorus 6 $18 $108 Soluble Reactive Phosphorus 6 $23 $138 Total Nitrogen 6 $30 $180 Nitrate+Nitrite-Nitrogen 6 $18 $108 Chlorophyll a 6 $35 $210 Total $1,596 *Number of samples based on sampling at 2 depths at 1 sampling location over 3 sampling events. Number of samples does not include any samples collected for QA/QC purposes such as field duplicates. If the City of Kent requests field duplicates, then the number of samples will increase to 9 for each parameter and require additional funding not included in this scope. 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 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 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 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. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non -renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non -renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non -renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non -renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non -renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non -renewal date; b. Negate the cancellation or non -renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Policy No. Endorsement No. WC 2540616-03 Premium $ Insurance Company ZURICH AMERICAN INSURANCE COMPANY WC 99 06 43 Page 1 of 1 (Ed. 01-13) Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. © 2012 Copyright National Council on Compensation Insurance, Inc. All Rights Reserved. 0 Additional Insured— Owners, Lessees Or Contractors— ZURICH Ongoing Operations — Scheduled Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add]. Prem Return Prem. GLO 1817406-03 10/01 /2021 10/01 /2022 10/01 /2021 75272000 N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part I.*1N:14 Bill no Name of Person or Organization: Location and Description of Ongoing Operations: Additional Premium: Any person or organization to whom or to which you Any location or project, other than a wrap-up or other NIA are required to provide additional insured status in a written contract or written agreement executed prior consolidated insurance program location or project to the loss, except where such contract or agreement for which insurance is otherwise separately provided is prohibited by law. to you by a wrap-up or other consolidate insurance program. A. Section II — Who Is An Insured is amended to include as an insured any person or organization shown in the Schedule of this endorsement, but only with respect to liability arising out of your ongoing operations performed for that insured at or from the corresponding location designated and described in the Schedule. However, if you have entered into a construction contract with an additional insured person or organization shown in the Schedule of this endorsement, the insurance afforded to such additional insured only applies to the extent permitted by law. B. With respect to the insurance afforded to any additional insured shown in the Schedule of this endorsement, the following additional exclusion applies: 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 site 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. All other terms and conditions of this policy remain unchanged. U-GL-1465-D CW (12-13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 0 Additional Insured— Owners, Lessees Or Contractors — ZURICH Completed Operations — Scheduled Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add]. Prem Return Prem. GLO 1817406-03 10/01 /2021 10/01 /2022 10/01 /2021 75272000 N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name of Person or Organization: Location and Description of Completed Operations: Additional Premium: Any person or organization to whom or to which you are required to provide additional insured status in a Any location or project, other than a wrap-up or other N/A written contract or written agreement executed prior consolidated insurance program location or project to the loss, except where such contract or agreement for which insurance is otherwise separately provided is prohibited by law. to you by a wrap-up or other consolidate insurance program. Section II — Who Is An Insured is amended to include as an insured any person or organization shown in the Schedule of this endorsement, but only with respect to liability arising out of "your work" at or from the corresponding location designated and described in the Schedule performed for that insured and included in the "products -completed operations hazard". However, if you have entered into a construction contract with an additional insured person or organization shown in the Schedule of this endorsement, the insurance afforded to such additional insured only applies to the extent permitted by law. All other terms and conditions of this policy remain unchanged. U-GL-1466-D CW (12-13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: GLO 1817406-03 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 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 V VJyH•VM VVJMV•VV�VV•�J�• A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER, A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I —Coverage A, and for all medical expenses caused by accidents under Section I —Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated 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 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 shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I —Coverage A, and for all medical expenses caused by accidents under Section I —Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 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 any Designated 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 Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project 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 Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ POLICY NUMBER: GLO 1817406-03 COMMERCIAL GENERAL LIABILITY CG 25 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): EACH LOCATION, OTHER THAN CONSTRUCTION PROJECTS, OCCUPIED BY THE NAMED INSURED Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or "suits" brought; or obligated to pay as damages caused by c. Persons or organizations making claims or occurrences under Section I —Coverage A, and bringing "suits". for all medical expenses caused by accidents under Section I —Coverage C, which can be 3. Any payments made under Coverage A for attributed only to operations at a single damages or under Coverage C for medical designated "location" shown in the Schedule expenses shall reduce the Designated above: Location General Aggregate Limit for that 1. A separate Designated Location General designated "location". Such payments shall not reduce the General Aggregate Limit Aggregate Limit applies to each designated "location", shown in the Declarations nor shall they and that limit is equal to the amount reduce any other Designated Location of the General Aggregate Limit shown in the General Aggregate Limit for any other Declarations. designated "location" shown in the Schedule 2. The Designated Location General Aggregate above. Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each damages under Coverage A, except damages Occurrence, Damage To Premises Rented To because of "bodily injury" or "property You and Medical Expense continue to apply. damage" included in the "products -completed However, instead of being subject to the operations hazard", and for medical expenses General Aggregate Limit shown in the under Coverage C regardless of the number Declarations, such limits will be subject to the of: applicable Designated Location General a. Insureds; Aggregate Limit. CG 25 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I —Coverage A, and for all medical expenses caused by accidents under Section I —Coverage C, which cannot be attributed only to operations at a single designated 'location" shown in the Schedule above: 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 any Designated Location 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 Designated Location General Aggregate Limit. D. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III —Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 04 05 09 ❑ Other Insurance Amendment — Primary And Non - Contributory 0 ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddT Prem Return Prem. GLO1817406-03 10/01/2021 10/01/2022 10/01/2021 75272000 N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1. The following paragraph is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. U-GL-1327-B CW (04/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: GLO 1817406-03 COMMERCIAL GENERAL LIABILITY CG24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Scheduled Railroad: ALL CONTRACTS RAILROADS, AS CONTRACT SCHEDULE FOR WORK DONE FOR REQUIRED BY WRITTEN Designated Job Site: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or affecting, Paragraph f. does not include that part of any a Scheduled Railroad at a Designated Job Site, the contract or agreement: definition of "insured contract" in the Definitions sec- (1) That indemnifies an architect, engineer or tion is replaced by the following: surveyor for injury or damage arising out 9. "Insured Contract" means: of: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or or- ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. (a) Preparing, approving or failing to pre- pare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in Paragraph (1) above and supervisory, in- spection, architectural or engineering activi- ties. CG 24 17 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 ❑ POLICY NUMBER: BAP 1857085-03 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: BAP 1857085-03 COMMERCIAL AUTO CA20701013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM With respect to coverage provided under this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Scheduled Railroad Designated Job Site ALL CONTRACTORS FOR WORK DONE FOR RAILROADS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to the use of a covered "auto" in operations for or affecting a railroad designated in the Schedule at a Designated Job Site, the two exceptions contained in the definition of "insured contract" relating to construction or demolition operations performed within 50 feet of a railroad do not apply. CA 20 70 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 0 Blanket Notification to Others of Cancellation ZURICH or Non -Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddT Pre. Return Prem. GLO 1817406-03 10/01 /2021 10/01 /2022 75272000 I NCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-GL-1521-A CW (10/12) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 0 Blanket Notification to Others of Cancellation 1 or Non -Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. AP 1857085-03 10/01/2021 10/01/2022 75272000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW (01 / 13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ENDORSEMENT This endorsement, effective 12:01 AM 10/01/2021 Forms a part of policy no.: 028182375 Issued to: TETRA TECH, INC., ET AL By: LEXINGTON INSURANCE COMPANY ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED LIMITED TO E-MAIL NOTIFICATION This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non payment of premium, and 1. The cancellation effective date is prior to this policy's expiration date; 2. The First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled [hereinafter, the "Certificate Holders)"); and has provided to the Insurer, either directly or through its broker of record, the email address of the contact at such entity, and the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to such Certificate Holders. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations Page of this policy. All other terms, conditions and exclusions shall remain the same. LX8960 (05/13I Page 1 of 1