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Landfill Engineering Services (3/1/2016 - 2/28/2019) AGREEMENT BETWEEN THE CITY OF SALINA,KANSAS and SCS ENGINEERS for LANDFILL ENGINEERING SERVICES This Agreement is entered into March 1, 2016 by and between the City of Salina, Kansas, (the"City")and Stearns, Conrad and Schmidt,Consulting Engineers,Inc. dba SCS Engineers,a Virginia Corporation(the"Consultant"). Recitals A. The City desires to contract for environmental engineering services for the purpose of assuring the proper design and operation of the Salina Municipal Solid Waste Landfill in compliance with federal,state,and local regulations. B. The Consultant has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties,in consideration of the mutual promises set forth in this Agreement,agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement" means this Agreement for landfill engineering services, as amended and supplemented from time to time. "City"means the City of Salina,Kansas. "Consultant" means Stearns, Conrad and Schmidt, Consulting Engineers, Inc. dba SCS Engineers and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement(Mark with"X" if applicable): Exhibit A: Responsibilities of the Parties X Exhibit B:Term; Schedule XI Exhibit C: Basis of Payment X Exhibit D:Insurance Requirements 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term; Schedule. The Consultant agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B, subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The City shall pay the Consultant for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage.The Consultant agrees to obtain insurance coverage as specified in Exhibit D, attached hereto, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Consultant subcontracts any of its obligations under this Agreement,the Consultant shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Consultant or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and Consultant Services(2014-06-I8) shall not relieve the Consultant of liability. 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A-VII in the most recent "Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in Exhibit D, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Consultant has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Consultant pursuant to this Agreement,including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Consultant acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or damage to property. 8. Indemnification.To the fullest extent permitted by law,the Consultant shall indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims, damages, losses, and expenses are caused by the wrongful acts, negligent acts, errors, or omissions arising out of or related to the services of the Consultant, its employees,agents,or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon thirty (30) days advance written notice to the other party. In the event of such termination, the Consultant shall be compensated for such services as have been satisfactorily performed through the date of termination, but no compensation shall be earned after the effective date of the termination.Within five(5)days of any such termination,all finished or unfinished documents,data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Consultant pursuant to this Agreement shall be delivered to the City. Notwithstanding the above, the Consultant shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Consultant, and the City may withhold any payments to the Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant may be determined. 10. Default. If either party fails to comply with any term of this Agreement within ten(10) days after written notice to comply has been mailed by the non-defaulting party to the defaulting party, such failure shall be deemed an immediate breach of this Agreement("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default,the non-defaulting party shall have the following rights and remedies,in addition to any other rights and remedies provided under this Agreement or by law: 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 Other Remedies. The non-defaulting party may pursue any available remedy at law or in equity(including specific performance)by suit,action, mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Consultant, neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party,either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five(5)days, then three (3) days after mailed, if sent by registered or certified 2 4 / mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City Clerk Attn: Shandi Wicks P.O. Box 736 Salina,KS 67402-0736 CONSULTANT: SCS Engineers 7311 West 130th Street Suite 100 Overland Park,KS 66213 14. Retention and Inspection of Records. The Consultant shall maintain complete, accurate, and clearly identifiable records with respect to all costs and expenses incurred under this Agreement. The records shall be maintained during the term of this Agreement, and for a period of three (3) years from the date of final payment under this Agreement (the "Retention Period"): provided, however, that if any litigation, claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit findings have been completely terminated or resolved, without right of further appeal. During the Retention Period,the Consultant shall allow a representative of the City during normal business hours to examine,audit,and make transcripts or copies of such records and any other documents created pursuant to, or arising under, this Agreement. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes, subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City, it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement, the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Consultant in performing services under this Agreement,does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Consultant performs its responsibilities as outlined in Exhibit A. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. Consultant shall be exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred compensation plans,including but not limited to its workers compensation and social security obligations,and the filing of all necessary documents,forms,or returns pertinent to the foregoing. 17. Subcontracting. Consultant shall not subcontract any work or services under this Agreement without the City's prior written consent. 18. Compliance with Applicable Law. Consultant shall comply with all applicable federal,state,and local law in the performance of this Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Consultant and its subcontractors,if any,agree that: (1) The Consultant shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race, sex,religion, age,color, national origin,ancestry or disability; 3 (2) The Consultant shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer,"or a similar phrase to be approved by the City's human relations director; (3) If the Consultant fails to comply with the manner in which the Consultant reports to the Kansas human rights commission in accordance with the provisions of K.S.A.44-1031 and amendments thereto,the Consultant shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended, in whole or in part,by the City; (4) If the Consultant is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final,the Consultant shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended,in whole or in part,by the City; (5) The Consultant shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race, sex,religion,age,color,national origin,ancestry or disability;and (6) The Consultant shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Agreement if the Consultant: (1) Employs fewer than four employees during the term of this Agreement;or (2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder,including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party,in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Consultant understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Consultant's choice. 23. Applicable Law;Venue. This Agreement and its validity,construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the Saline County,Kansas District Court. 24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any party. 25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m. of the next full business day. 26. Severability. The unenforceability,invalidity,or illegality of any provision of this Agreement shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Agreement shall extend to and bind the heirs,executors, administrators, trustees, successors and authorized assigns of the parties hereto. 4 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement. 30. Amendments.Neither this Agreement nor any of its terms may be changed or modified, waived,or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver,or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding arbitration. 33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached, and initialed by all parties,shall supersede all conflicting printed provisions. 35. Feminine-Masculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular,and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof,shall be binding unless in writing and signed by all parties and attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF SAL NA ► AS AS By: 4614/P Jon '. :la'"Ord,Mayor Attest: ice♦ 1 �_i Sha•. icks,CMC,City Clerk Form: .��, +l Coin SCS ENGINEERS By. ii �• Attki A l� (name) V I C e 1 -. i tL. -/— (title) 5 EXHIBIT A RESPONSIBILITIES OF THE PARTIES 2016 Scope of Services March 1,2016-February 28,2017 Task 1, Compliance Summary Memo and Table: SCS will prepare a memo outlining new regulatory requirements and/or changes to existing regulations that may impact the City's solid waste permits. A summary table will be prepared outlining annual permit compliance activities for 2016. The memo and table will be completed by March 31,2016. Task 2, Groundwater Reporting: SCS will coordinate with the City's sampling and laboratory testing contractor(s) prior to the May and November 2016 sampling events to ensure the appropriate field activities and analysis will be completed.Due to the assessment monitoring requirements,Appendix II constituents are required to be sampled during the November event each year. SCS will review the field data sheets and laboratory analytical reports as soon as they are received for completeness. SCS will also perform an evaluation of the laboratory's data quality. The report will include hydrographs, along with a piezometric surface map depicting groundwater flow across the facility. The results section of the report will include a discussion of detected volatile organic compounds (VOCs) with a comparison to historical detections, and will include time trend plots for select VOCs. Reports will be submitted to the Kansas Department of Health and Environment Bureau of Waste Management(KDHE-BWM) within 90 days of the sampling event.The well network currently includes 29 wells(MW-3 through MW-6, MW-9, MW-10,MW-13 through MW-20, MW-25 though MW-35,P-1,P-2,and P-7); changes in scope may be required if additional wells or evaluation requirements are required in the future. It is understood that the scope of services currently included does not include statistical analysis; if statistical analysis is required at some time in the future, we will provide you with the anticipated additional scope and costs. Task 3,Closure and Post-Closure Costs: SCS will complete the financial analysis forms required by the KDHE- BWM for 2016. The costs will be updated as necessary to reflect the portions of the landfill facility that have been constructed or closed during the preceding year. An estimate of the remaining capacity and life of the facility will be completed in accordance with standard KDHE-BWM procedures. The permit renewal package will be submitted to KDHEBWM no later than June 1,2016. Task 4, Annual Air Quality Compliance: In accordance with the facility's current Class I Operating Permit. effective March 29, 2013, the facility is required to complete various annual and semiannual reports. Reports to be completed in 2016 include the Annual Compliance Certification(due April 6, 2016), Annual NMOC Emission Rate Report(due April 1,2016),and Annual Emission Inventory Questionnaire(due April 1,2016). Task 12, Miscellaneous Services: SCS will provide miscellaneous professional services as deemed necessary by the City, and authorized in writing. This task is intended to be used for unanticipated engineering or landfill environmental compliance needs. Task 13,Greenhouse Gas Reporting: Waste acceptance data collected by the City on a daily basis will be used to estimate the total greenhouse gas (GHG) emissions from the landfill, reported as carbon dioxide equivalent (CO2e) emissions. GHG emissions estimates are required for submittal to the US EPA by March 31 of each year for the previous reporting year. SCS will utilize the data collected from January 1, 2015 through December 31, 2015 to calculate the landfill's GHG emissions for 2015 and submit the annual GHG report by April 1,2016. Task 14, Bottom Liner System Permit Modification: SCS will prepare a permit modification request for an alternate bottom liner system design. The report will be prepared using accepted state-of-practice engineering methods for the solid waste landfill industry,and will be requested as a minor permit modification.The modification will consist of providing the City with an option to replace the 2 foot compacted clay liner with 1 foot of compacted clay liner and a geosynthetic clay liner(GCL). The permit modification request is expected to include the following calculations/demonstrations: slope stability analysis, HELP Model comparisons,and liner equivalency calculations. A-1 Task 18,Tier II Testing: Surface probe gas samples will be collected using a Geoprobe w unit capable of obtaining gas samples beneath the surface of the landfill. SCS will complete the Geoprobe w activities to assure proper sample locations are selected and sampling activities are completed in accordance with EPA approved methods. Samples will be collected using a sampling train consisting of a flow regulator, flow meter, vacuum gauge, and other appropriate instrumentation. SCS will coordinate with the laboratory prior to sampling such that the sampling train, Summa canisters, and other necessary equipment and information are available, as needed.A maximum of three gas samples will be composited into each 6-liter Summa canister and sent off for analysis. Two additional composite Summa canisters will be collected to account for any unforeseen laboratory issues. This scope of services assumes that the required work can be completed in 4 days. This schedule could change if methane is not encountered in the initial probe locations and significant"offsetting"is required. Upon completion of sample collection, the samples will be shipped to a third-party laboratory capable of providing the requisite air analyses. The laboratory will analyze the samples to determine the site-specific NMOC concentration using EPA Method 25C. Method 3C will also be used as a verification analysis for the samples to ensure that the samples were collected appropriately (i.e., atmospheric air infiltration did not occur). Upon completion of the analyses,the resulting data will be reviewed by SCS for quality control purposes to assure that the data is useable. Based on the laboratory data, SCS will calculate the site-specific NMOC emission rate using equations prescribed by 40 CFR 60.754 and waste acceptance data provided by the City. The resulting emission rate will be compared to the regulatory threshold limit of 50 megagrams per year to determine the site's compliance with the regulations and potential requirement for an active collection system. A summary report will be generated that describes the sampling procedures, analytical results, and emissions calculations results. Regulatory conclusions based on the calculated emission rate will be included. The report will be formatted for submittal to the appropriate regulatory agency as part of the site's ongoing compliance with current requirements. The report is required to be received by KDHE prior to June 7, 2016. Therefore, SCS will plan to conduct field activities during March 2016 and prepare the report in April and May 2016. Task 19,SWPPP Update: SCS will prepare an updated storm water pollution prevention plan (SWPPP).A SWPPP modification is required whenever there is a change in design, construction, operation, or maintenance of any best management practice (BMP), which may cause the existing SWPPP to be less effective in controlling pollutants in storm water. The plan needs to be updated to include the recently constructed Cell 19 and changing landfill operations.This plan will be completed by April 1, 2016. Task 20, Gas Monitoring Probe Installation and Relocation: The new gas monitoring probes are required to monitor the expanded portion of the landfill and the abandonment is to remove a current probe within a soil borrow area. SCS will coordinate the installation of the two new gas monitoring probes and one gas probe abandonment on a turnkey basis including permitting, oversight, drilling, and materials. It is anticipated that the gas probes will be installed in an area of the site accessible by a truck mounted drilling rig. During installation SCS will have a qualified representative on-site to provide project oversight. It is estimated that this field work will only take 1 day to complete. SCS will submit well registration records (WCC5 Form) to KDHE following completion of field activities. Upon completion of the gas probe installations, SCS will prepare a CQA documentation report. A draft copy will be submitted to the City for review prior to certification. The report will include construction documentation, certification records, and an as-built drawing of the gas probes and location map, based on survey data to be provided by the City surveyor. Task 21,Pump Installation: SCS will design and install 5 new electric leachate pumps and two concrete headwalls for Cell 1-3 in accordance with the June 2, 2015 budgetary proposal. The new pumps will be provided on a turnkey basis including permitting, engineering, materials, and installation with the exception of the new electrical service and meter to be provided by the City. A-2 Task 22, SPCC Update: Regulations require the City's SPCC plan be reviewed, updated, and recertified by a Kansas Licensed Professional Engineer every 5 years. SCS will visit the landfill and collect the information necessary to complete the SPCC plan and to identify any necessary changes that may be required to comply with the applicable sections of 40 CFR 112. Following the site visit, SCS will update the SPCC plan. The plan will be prepared based on implementing the facilities changes discussed during the site meeting. SCS will make any needed corrections to the SPCC Plans and provide the site with one copy of the plan. The plan will include a list of modifications required at each facility to comply with the SPCC regulations. The updated plan will be certified by a Kansas Licensed Professional Engineer as required. A-3 2017 Scope of Services March 1,2017-February 28,2018 Task 1, Compliance Summary Memo and Table: SCS will prepare a memo outlining new regulatory requirements and/or changes to existing regulations that may impact the City's solid waste permits. A summary table will be prepared outlining annual permit compliance activities for 2017. The memo and table will be completed by March 31,2017. Task 2, Groundwater Reporting: SCS will coordinate with the City's sampling and laboratory testing contractor(s) prior to the May and November 2017 sampling events to ensure the appropriate field activities and analysis will be completed. Due to the assessment monitoring requirements,Appendix II constituents are required to be sampled during the November event each year. SCS will review the field data sheets and laboratory analytical reports as soon as they are received for completeness. SCS will also perform an evaluation of the laboratory's data quality. The report will include hydrographs, along with a piezometric surface map depicting groundwater flow across the facility.The results section of the report will include a discussion of detected volatile organic compounds (VOCs) with a comparison to historical detections, and will include time trend plots for select VOCs. Reports will be submitted to the Kansas Department of Health and Environment Bureau of Waste Management(KDHE-BWM) within 90 days of the sampling event. The well network currently includes 29 wells(MW-3 through MW-6,MW-9, MW-l0,MW-13 through MW-20, MW-25 though MW-35,P-1, P-2, and P-7); changes in scope may be required if additional wells or evaluation requirements are required in the future. It is understood that the scope of services currently included does not include statistical analysis; if statistical analysis is required at some time in the future, we will provide you with the anticipated additional scope and costs. Task 3, Closure and Post-Closure Costs: SCS will complete the financial analysis forms required by the KDHE- BWM for 2017. The costs will be updated as necessary to reflect the portions of the landfill facility that have been constructed or closed during the preceding year. An estimate of the remaining capacity and life of the facility will be completed in accordance with standard KDHE-BWM procedures. The permit renewal package will be submitted to KDHEBWM no later than June 1,2017. Task 4, Annual Air Quality Compliance: In accordance with the facility's current Class I Operating Permit, effective March 29, 2013, the facility is required to complete various annual and semiannual reports. Reports to be completed in 2017 include the Annual Compliance Certification(due April 6,2017),Annual NMOC Emission Rate Report (due April 1, 2017), and Annual Emission Inventory Questionnaire (due April 1, 2017). The Class I operating permit will expire on March 28, 2018; renewals are required 180 days prior to permit expiration. Therefore, SCS will prepare an application renewal for the Class I Operating Permit 6 months prior to expiration by September 28,2017. Task 12, Miscellaneous Services: SCS will provide miscellaneous professional services as deemed necessary by the City, and authorized in writing. This task is intended to be used for unanticipated engineering or landfill environmental compliance needs. Task 13,Greenhouse Gas Reporting: Waste acceptance data collected by the City on a daily basis will be used to estimate the total greenhouse gas(GHG) emissions from the landfill, reported as carbon dioxide equivalent(CO2e) emissions. GHG emissions estimates are required for submittal to the US EPA by March 31 of each year for the previous reporting year. SCS will utilize the data collected from January 1, 2016 through December 31, 2016 to calculate the landfill's GHG emissions for 2016 and submit the annual GHG report by April 1,2017. A-4 2018 Scope of Services March 1,2018-February 28,2019 Task 1, Compliance Summary Memo and Table: SCS will prepare a memo outlining new regulatory requirements and/or changes to existing regulations that may impact the City's solid waste permits. A summary table will be prepared outlining annual permit compliance activities for 2018. The memo and table will be completed by March 31,2018. Task 2, Groundwater Reporting: SCS will coordinate with the City's sampling and laboratory testing contractor(s) prior to the May and November 2018 sampling events to ensure the appropriate field activities and analysis will be completed.Due to the assessment monitoring requirements, Appendix II constituents are required to be sampled during the November event each year. SCS will review the field data sheets and laboratory analytical reports as soon as they are received for completeness. SCS will also perform an evaluation of the laboratory's data quality. The report will include hydrographs, along with a piezometric surface map depicting groundwater flow across the facility. The results section of the report will include a discussion of detected volatile organic compounds (VOCs) with a comparison to historical detections, and will include time trend plots for select VOCs. Reports will be submitted to the Kansas Department of Health and Environment Bureau of Waste Management (KDHE-BWM) within 90 days of the sampling event. The well network currently includes 29 wells(MW-3 through MW-6, MW-9, MW-10,MW-13 through MW-20, MW-25 though MW-35, P-1,P-2, and P-7); changes in scope may be required if additional wells or evaluation requirements are required in the future. It is understood that the scope of services currently included does not include statistical analysis; if statistical analysis is required at some time in the future, we will provide you with the anticipated additional scope and costs. Task 3,Closure and Post-Closure Costs: SCS will complete the financial analysis forms required by the KDHE- BWM for 2018. The costs will be updated as necessary to reflect the portions of the landfill facility that have been constructed or closed during the preceding year. An estimate of the remaining capacity and life of the facility will be completed in accordance with standard KDHE-BWM procedures. The permit renewal package will be submitted to KDHEBWM no later than June 1,2018. Task 4, Annual Air Quality Compliance: In accordance with the facility's current Class I Operating Permit, effective March 29, 2013, the facility is required to complete various annual and semiannual reports. Reports to be completed in 2018 include the Annual Compliance Certification(due April 6,2018),Annual NMOC Emission Rate Report(due April 1,2018),and Annual Emission Inventory Questionnaire(due April 1,2018). Task 12, Miscellaneous Services: SCS will provide miscellaneous professional services as deemed necessary by the City, and authorized in writing. This task is intended to be used for unanticipated engineering or landfill environmental compliance needs Task 13,Greenhouse Gas Reporting: Waste acceptance data collected by the City on a daily basis will be used to estimate the total greenhouse gas(GHG) emissions from the landfill, reported as carbon dioxide equivalent(CO2e) emissions. GHG emissions estimates are required for submittal to the US EPA by March 31 of each year for the previous reporting year. SCS will utilize the data collected from January 1, 2017 through December 31, 2017 to calculate the landfill's GHG emissions for 2017 and submit the annual GHG report by April 1,2018. A-5 EXHIBIT B TERM; SCHEDULE 2016 2017 Task Due Date Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb 1 Compliance Summary Report Apr 1 X (each year) 2 Groundwater Reporting Feb&Aug X X X X X X (each year) Closure/Post-Closure Cost Jun I 3 Estimates (each year) X X 4 Air Quality Reports Apr I &6(each X X year) 12 Miscellaneous Services As needed X X X X X X X X X X X X 13 Green House Gas Reporting Apr 1 X (each year) _ 14 Bottom Liner System Permit Nov X X X X X X X X X Modification 18 Tier II Testing May X X X 19 SWPPP Update May X X X 20 Gas Monitoring Probe Aug X X X Installation and Relocation g 21 Pump Installation Aug X X X X X X 22 SPCC Update Expires Nov X X X 2016 2017 2018 Task Due Date Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb 1 Compliance Summary Report Apr 1 X (each year) _ 2 Groundwater Reporting Feb&Aug X X X X X X (each year) 3 Closure/Post-Closure Cost Jun I X X Estimates (each year) _ _ 4 Air Quality Reports Apr I &6(each X X• year) 12 Miscellaneous Services As needed X X X X X X X X X X X X 13 Green House Gas Reporting Apr 1 X (each year) 2018 2019 Task Due Date Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb 1 Compliance Summary Report Apr 1 X (each year) 2 Groundwater Reporting Feb&Aug X X X X X X (each year) _ 3 Closure/Post-Closure Cost Jun 1 X X Estimates (each year) 4 Air Quality Reports Apr 1 &6 X X (each year) _ 12 Miscellaneous Services As needed X X X X X X X X X X X X 13 Green House Gas Reporting Apr 1 X (each year) B-1 EXHIBIT C BASIS OF PAYMENT 1. Compensation. The City agrees to compensate the Consultant for professional services performed during each invoice period. The total of all invoices for a given contract year shall not exceed the total annual amounts by task listed in Schedules C-1,C-2 and C-3 budgetary summaries. 2. Invoices.The Consultant agrees to submit a monthly invoice to the City throughout the duration of the Agreement. Each invoice shall be accompanied by a memorandum and budget summary table. These documents will fully describe the work completed by SCS Engineers for the enclosed invoice period.The invoice shall minimally identify the following elements: 1)invoice number 2)period of work performed, 3) task name, 4) individual task number (one task per invoice), 5) professional personnel assigned to the task,6)hours worked,7)associated rate(s), 8)amount(s)invoiced,9)total invoice amount, 10)billing limit and remaining amounts. 3. Memorandums. The attached memorandum shall include a task summary of work completed for each individual task, including 1)task name, 2)task number, 3)time period covered and 4)bulleted description. 4. Budgetary Summary Tables. The budgetary summary tables shall include task number, task description,allotted budget amounts,total amount invoiced and remaining budget amounts. 5. Payment. The City shall pay the Consultant for each invoice within 30 days of receipt. The City will promptly notify the Consultant and request clarification or correction of any disputed items. Such payment shall compensate the Consultant for all costs pursuant to the Agreement. All incidental work essential to the completion of the Consultant's services under the Agreement shall be accomplished by the Consultant without additional costs to the City. C-1 Schedule C-1 Budgetary Summary March 1 , 2016 through February 28, 2017 Task 1 Compliance Summary Memo and Table $3,000 Task 2 Groundwater Reporting $13,500 Task 3 Closure and Post-Closure Costs $4,000 Task 4 Annual Air Quality Compliance $4,000 Task 12 Miscellaneous Services $10,000 Task 13 Green House Gas Reporting $2,000 Task 14 Bottom Liner System Permit Modification $30,000 Task 18 Tier II Testing $27,000 Task 19 SWPPP Update $1,000 Task 20 Gas Monitoring Probe Installation and Relocation $15,000 Task 21 Pump Installation $216,000 Task 22 SPCC Update $3,000 BUDGET TOTAL $328,500 C-4 Schedule C-2 Budgetary Summary March 1 , 2017 through February 28, 2018 Task 1 Compliance Summary Memo and Table $3,000 Task 2 Groundwater Reporting $14,000 Task 3 Closure and Post-Closure Costs $4,000 Task 4 Annual Air Quality Compliance $10,000 Task 12 Miscellaneous Services $10,000 Task 13 Green House Gas Reporting $2,500 BUDGET TOTAL $43,500 C-5 Schedule C-3 Budgetary Summary March 1 , 2018 through February 28, 2019 Task 1 Compliance Summary Memo and Table $3,000 Task 2 Groundwater Reporting $14,500 Task 3 Closure and Post-Closure Costs $4,000 Task 4 Annual Air Quality Compliance $4,000 Task 12 Miscellaneous Services $10,000 Task 13 Green House Gas Reporting $3,000 BUDGET TOTAL $38,500 C-1 EXHIBIT D INSURANCE REQUIREMENTS (Consultant Services) Pursuant to Section 6 of the Agreement,the Consultant shall obtain,pay for, and maintain— and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement,policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of the workers' compensation and professional liability policies to be obtained by the Consultant hereunder, all policies shall name the City, its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall be as broad as the insurance for the named insured, including defense expense coverage, and, with respect to the commercial general liability policy required hereunder, shall be endorsed to apply as primary and non-contributory insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents, representatives, officers, officials, and employees. C. Claims Made Policies. If coverage is written on a claims-made basis for any of the policies required by this Agreement, the Consultant must maintain the coverage for a minimum of two (2) years from the date of final completion of all work under the Agreement. D. Premium and Deductible Expenses. The Consultant shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Agreement. 2. Specific Coverage Requirements. A. Professional Liability — Errors and Omissions. The Consultant shall maintain professional liability insurance covering errors and omissions, with limits of not less than $1,000,000. In the event coverage is provided on a claims-made basis, the professional liability insurance shall be maintained for a period of not less than two (2) years after completion of the Contract or, in lieu thereof, the Consultant shall purchase tail coverage (extended reporting period) under which the City shall be afforded protection. B. Commercial General Liability (-CGL"). The Consultant shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent, which shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: D-1 I • Each occurrence $1,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability $1,000,000 C. Business Automobile Liability ("BAL'"). The Consultant shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Consultant and include automobiles not owned by but used on behalf of the Consultant. The BAL policy limits shall not be less than the following: • Combined single limit $1,000,000 D. Workers' Compensation/Employer's Liability. The Consultant shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation (Coverage Part A) o Statutory • Employer's Liability (Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o $100,000 disease—each employee D-2 .• , ® DATE(MM/DD/YYYY) `` ° CERTIFICATE OF LIABILITY INSURANCE 01/12/2016 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 LL BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. co IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the w certificate holder in lieu of such endorsement(s). .c PRODUCER CONTACT d TS NAME: Aon Risk Insurance Services West, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 y Los Angeles CA Office (A/C.No.Ext): (A/C.No.): 13 707 Wilshire Boulevard E-MAIL Suite 2600 ADDRESS: _ Los Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American Ins Co 16535 SCS Engineers INSURER B: Steadfast Insurance Company 26387 3900 Kilroy Airport Way, Suite 100 Long Beach CA 90806-6816 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570060940863 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER LIMITS LTR INSD VWD {�MMIDD/YYW1 MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY GLD011277800 03/31/2015 03/31/2016 EACH OCCURRENCE $2,000,000 CLAIMS-MADE I X I OCCUR DAMAGE 70 RENTED $1,000,000 PREMISES(Ea occurrence) MED EXP(Any one person) $10,000 PERSONAL 8 ADV INJURY $2,000,000 2 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $4,000,000 v POLICY X IPECT I X LOC PRODUCTS-COMP/OPAGG $4,000,000 0 OTHER: o r` Lo A AUTOMOBILE LIABILITY BAP 0112780-00 04/01/201504/01/2016 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) , X ANY AUTO BODILY INJURY(Per person) Z ALL OWNED —SCHEDULED BODILY INJURY(Per accident) 0) AUTOS AUTOS NON-OWNED PROPERTY DAMAGE CO X HIRED AUTOS X AUTOS (Per accident) w E d UMBRELLALIAB OCCUR EACH OCCURRENCE U — EXCESS LIAR CLAIMS-MADE AGGREGATE DED I RETENTION A WORKERS COMPENSATION AND WC011277900 04/01/2015 04/01/2016 X PER STATUTE OTH- EMPLOYERS'LIABILITY Y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED, N N I A (Mandatory in NH) E .DISEASE-EA EMPLOYEE $1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000_— B Env Prof (E&O) IPR379235300 03/31/2015 03/31/2016 Per Event $1,000,000— Prof/Poll Liab Aggregate $1,000,000 el SIR applies per policy terns & condi :ions ag DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Job No. 90000011.27, Landfill Engineering Services. The City of Salina, its agents, representatives, officers, officials ----SSS and employees are included as Additional Insured with respect to the General Liability and Automobile Liability policies; f' ■ granted a Waiver of Subrogation for General Liability, Automobile Liability and Workers' Compensation policies; and the General In Liability policy evidenced herein is Primary and Non-Contributory to other insurance available, as required by written contract, but limited to the operations of the Insured under said contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Salina, Kansas AUTHORIZED REPRESENTATIVE A k Attn: Dan Stack Po Box 736 S MM cQ �`^f rlirs Salina KS 67402-0736 USA t(Yo{ �Jr7�/'/ MN ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I, /Cc 0 Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add'I. Prem Return Prem. GLO 0112778-00 03/31/2015 03/31/2016 03/31/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Address (including ZIP Code): 3900 Kilroy Airport Way, Ste. 100, Long Beach, CA 90806 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW(04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. • C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and 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 a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW(04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. I ! • POLICY NUMBER: GLO 0112778-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any Person or Organization that requires You to waive your Rights of Recovery, in a written contract or agree- ment with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM ,, POLICY NUMBER: BAP 0112780-00 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: Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Endorsement Effective Date: 04/01/2015 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.1. 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 Wolters Kluwer Financial Services I Uniform FormsT"' POLICY NUMBER: BAP 0112780-00 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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 the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Endorsement Effective Date: 04/01/2015 SCHEDULE Name(s) 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. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM • • e. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION 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: 04/01/2015 Endorsement No. Policy No.WC 0112779-00 Insured: Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Premium $ Insurance Company: Zurich American Insurance Company WC124(4-84) Page 1 of 1 WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. Uniform FormsTM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on: 04/01/2015 at 12:01 A.M. standard time, forms a part of Policy No. WC 0112779-00 Endorsement No. of the: Zurich American Insurance Company issued to: Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Premium (if any) $ We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS,THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 252(4-84) Page 1 of 1 WC 04 03 06(Ed.4-84) 9