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Dubuque Levee and Floodwal System Structural, Stability AnalysisMasterpiece on the Mississippi Dubuque NI- ameticacity 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Consultant Selection for a Structural /Stability Analysis of the Dubuque Levee and Floodwall System DATE: September 14, 2010 The City of Dubuque must certify that the levee system sufficiently provides protection from the Mississippi so that the properties protected from the levee system will not be required to carry flood insurance. This certification must be submitted to the Federal Emergency Management System (FEMA) before May 17, 2011. On August 2, 2010, the City Council authorized the release of an RFP for a structural /stability analysis of the Dubuque levee and floodwall system, Five proposals were received in response thereto. City Engineer Gus Psihoyos and the RFP Review Committee recommend City Council approval to negotiate and enter into a contract with GEI Consultants for a proposed cost of $98,556 to perform a structural /stability analysis of the Dubuque levee and floodwall system. The budget for this project is $100,000. Even though GEI Consultants' fees are higher, the RFP Review Committee felt that GEI had a better understanding of the work required to provide a study and report that will meet the expectations of FEMA. GEI has successfully undertaken similar studies to the satisfaction of FEMA and identified the most hours required for Dubuque's project. The RFP Review Committee believes that this reflects the necessary effort required for a successful project. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment Mic ael C. Van Milligen cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manag FROM: Gus Psihoyos, City Engineer BACKGROUND DISCUSSION MEMORANDUM G SUBJECT: Consultant Selection for a Structural /Stability Analysis of the Dubuque Levee and Floodwall System DATE: September 14, 2010 INTRODUCTION The purpose of this memo is to request authorization to hire a consultant to perform a structural /stability analysis of the Dubuque levee and floodwall system, in accordance with levee certification requirements of Section 65.10 of the National Flood Insurance Program (NFIP) regulations. The City of Dubuque must certify that the levee system sufficiently provides protection from the Mississippi so that the properties protected from the levee system will not be required to carry flood insurance. This certification must be submitted to the Federal Emergency Management System (FEMA) before May 17, 2011. And the certification must be signed by a professional engineer. Ultimately, a professional engineer within the City of Dubuque Engineering Department will provide the certification. The United States Corp of Engineers (USACE) performed an engineering analysis of Dubuque's levee system and reported their findings in the June 2010 Engineering Technical Review Report. Overall, the USACE concluded that Dubuque's levee system meets or exceeds most engineering standards. However, they indicated that an additional structural /stability analysis is required in order to conclude that Dubuque's levee and floodwall system can be certified to meet levee embankment stability. On August 2, 2010 the City Council authorized the release of an RFP for a structural /stability analysis of the Dubuque levee and floodwall system, in accordance with levee certification requirements of Section 65.10 of the National Flood Insurance Program (NFIP) regulations. The City received proposals from five firms: Ayres Associates (Eau Claire, WI), Braun Intertec (Cedar Rapids, IA), GEI Consultants (Green Bay, WI), Hanson (Peoria, IL), and Stanley Consultants (Muscatine, IA). The proposal review committee (Committee) consisted of Planning Services Manager Dubuque ruin' 2007 Laura Carstens, City Engineer Gus Psihoyos, Finance Director Ken TeKippe, Public Works Director Don Vogt, Street & Sewer Maintenance Supervisor John Klostermann, Assistant City Engineer Bob Schiesl, and Civil Engineer II Deron Muehring. Based on the proposals, two firms stood out: GEI Consultants and Hanson. Both firms were interviewed. The Committee concluded that, based on the proposals, the interview, and reference checks, that GEI Consultants best demonstrated: 1. Their knowledge of the levee certification requirements as outlined by FEMA; 2. Their experience with levee certification projects where they performing similar levee stability analysis for other communities; 3. Their past success performing similar analysis to the satisfaction of FEMA; and 4. Their knowledge and experience with levee systems similar to Dubuque's. The Committee concluded that GEI is best suited to successfully meet the project goals. The proposed fees were as follows: Firm Ayres Associates Braun Intertec GEI Consultants Hanson Stanley Consultants It is the proposal review committee's belief that the higher fees associated with GEI and Hanson reflects their better understanding of the work required to provide a study and report that will meet the expectations of FEMA. While not all firms provided the number of hours that they anticipate spending on the project, GEI, who has successfully undertaken similar studies to the satisfaction of FEMA, identified the most hours required for Dubuque's project. The proposal review committee believes that this reflects the necessary effort required for a successful project. The project schedule is as follows: Consultant Selection: Contract Executed: Work Initiated by Consultant: Work Complete: RECOMMENDATION Hours NA 339.5 680 NA 395 September 20, 2010 September 27, 2010 October 4, 2010 December 15, 2010 TOTAL $40,300 $46,101 $98,556 $98,000 $62,868 $/Hour NA $136 $145 NA $159 I recommend hiring GEI Consultants to perform the structural /stability analysis of the Dubuque levee and floodwall system in accordance with levee certification requirements set forth in Section 65.10 of the NFIP regulations. BUDGET IMPACT GEI's cost proposal is $98,556.00, which is slightly under the City's estimated cost of $100,000. The work will be funded with the FY2010 CIP appropriation in the amount of $150,000. ACTION TO BE TAKEN I respectfully request authorization to negotiate and enter into a contract with GEI to perform a structural /stability analysis of the Dubuque levee and floodwall system. Prepared by Deron Muehring, Civil Engineer II cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Don Vogt, Public Works Director Ken TeKippe, Finance Director Laura Carstens, Planning Services Manager Bob Schiesl, Assistant City Engineer John Klostermann, Street and Sewer Maintenance Deron Muehring, Civil Engineer II Attach. (GEI Proposal) Structural Analysis of the Dubuque Levee and Floodwall System September 2, 2010 Submitted to: Deron Muehring Engineering Department City of Dubuque SOW. 13th Street Dubuque, IA 52001 -4864 Submitted by: GEl Consultants, Inc. 955 Challenger Drive, Suite A Green Bay, WI 54311 920 - 455 -8200 Proposal No. 616237 (;rntrchnical Environmental Water Remitrcry Ec"logiu al G E I Consultants 1970702010 Georechnical Environmental Water Resources Ecological YEARS September 1, 2010 GEI Proposal No. 616237 Mr. Deron Muehring Civil Engineer City of Dubuque 50 W. 13 Street Dubuque, IA 52001 -4864 Re: Proposal for Professional Engineering Services Structural Analysis of Dubuque Levee and Floodwall System Dear Mr. Muehring: Lt) GEI Consultants We are pleased to submit this proposal to the City of Dubuque for the Structural Analysis of the Dubuque Levee and Floodwall System. GEI has extensive experience with dam and levee safety evaluations, levee certification, and remedial design of water retaining structures. Incorporated in 1970, GEI is an employee -owned company with its corporate headquarters located in Boston, Massachusetts. We have a staff of 435, located in twenty offices nationwide. Our Midwest offices are located in Madison and Green Bay, Wisconsin, Marquette and Iron River, Michigan, and Chicago, Illinois. GEI has successfully performed several FEMA levee accreditation projects nationwide, and our staff is experienced with FEMA's National Flood Insurance Program regulations and U.S. Army Corps of Engineers guidelines for levee and embankment and floodwall stability. We understand that the City will certify the levee system and requires an evaluation of levee embankment and floodwall stability as required by CFR 65.10 (b) (4). We have carefully assembled an outstanding team of highly qualified, respected, and responsive experts who will provide engineering services to the City for this important project. As detailed in our proposal, the GEI team has extensive experience working with municipalities to provide regulatory support and respond to directives from FEMA and the U.S. Army Corps of Engineers. Our Project Manager, Rick Anderson, P.E., will be your primary contact. Rick has over 25 years of experience inspecting, designing, and rehabilitating dams, flood control, water supply, and hydropower facilities worldwide and has worked on several FEMA accreditation studies. Rick's contact information is: Rick Anderson, P.E. GEI Consultants, Inc. W5742 County Road H New Glarus, WI 53574 )✓mail: rianderson({ eiconssultants.com Phone: 608 -852 -7546 Fax: 920 -4554225 GEI will subcontract the services of Badger State Drilling of Stoughton, WI to perform additional subsurface soil drilling and laboratory testing services. GEI staff and Badger Drilling have a long - standing working relationship on projects throughout the Midwest. www.geiconsultants.corn GEI Consultants, Inc. 400 Unicorn Park Drive, Woburn, MA 01801 781.721.4000 fax: 781.721.4073 Mr. Deron Muehring Sincerely yours, GEI CONSULTANTS, INC. RJA/db Attachment -2- September 1, 2010 We thank you for the opportunity to submit our proposal for this project. Should you have any questions or require additional information, please do not hesitate to contact Rick Anderson directly. We look forward to working with you and your staff on this project. Richard J. Anderson, P.E. Thomas W. Kahl, P.E. Project Manager Principal -In- Charge M:I MIDWESTMARKETING \Proposals\616237 Dubuque - Levee System\Dubuque Levee Proposal cover ltr.docx Table of Contents City of Dubuque, Iowa Structural Analysis of the Dubuque Levee and Floodwall System ❑ 1. PROFILE OF GEI 1 INTRODUCTION 1 PROJECT MANAGER AND KEY PERSONNEL 1 LEVEE EXPERTISE 1 ❑ 2. PROJECT TEAM QUALIFICATIONS 2 KEY STAFF 3 REFERENCES 5 0 3. SCOPE OF WORK 9 PROJECT UNDERSTANDING 9 APPROACH 10 SCOPE OF WORK 11 0 4. PROPOSED PROJECT SCHEDULE 13 PROPOSAL ASSUMPTIONS 14 ❑ 5. CERTIFICATE OF INSURANCE 14 • 6. STANDARD CONTRACT LANGUAGE 14 0 7. PROPOSED FEES AND COMPENSATION (UNDER SEPARATE COVER) 14 0 SECTION 2 15 QUALIFICATIONS — RESUMES 15 M: \MIDWEST\MARKETING \Proposals\ 616237 Dubuque - Levee System \Dubuque Levee proposaI_9 01_final.docx 1. Profile of GEI City of Dubuque, Iowa Structural Analysis of the Dubuque Levee and Floodwall System Introduction GEI Consultants, Inc. provides a broad array of geotechnical, water resources, environmental and ecological science and engineering consulting services to clients nationwide. Since its inception in 1970, GEI has completed more than 25,000 projects throughout the United States, Canada and more than 20 countries. GEI's project work includes thousands of dam, water resource, and flood control projects throughout the United States and numerous projects for the USACE. A mid - sized, privately held, employee -owned firm, GEI offers direct access to nationally recognized engineers and scientists who lead client engagements, and who, in turn, are supported by and mentor some of the very best young minds in our business. We employ top talent in our fields at all levels who teach and learn in a collaborative, supportive and stimulating environment. GEI's highly qualified and experienced professional staff of approximately 435 is composed of civil, environmental, geotechnical, structural, hydraulic, and geological engineers; geologists; hydrogeologists; environmental scientists, ecologists; chemists; and laboratory and field technicians. Each member of the staff has been selected to provide a high level of technical expertise in their field. GEI has 20 offices nationwide, including offices in Green Bay, Wisconsin and a satellite office in Madison, Wisconsin. Our company headquarters is located in Boston, Massachusetts. GEI Consultants, Inc., 400 Unicorn Park, Woburn, MA 01801 GEI Consultants, Inc., 955 Challenger Drive, Suite A., Green Bay, Wisconsin 91203 Principal Officers include: Francis Leathers, P.E., President Naser Bateni, Chairman of the Board Robert Gabel, Chief Financial Officer R. Lee Wooten, Clerk of the Corporation Project Manager and Key Personnel Richard J. Anderson, P.E., a Senior Project Manager at GEI, will be the Project Manager for this project. Mr. Anderson is located in our satellite office about an hour from Dubuque. Other key personnel include Tom Kahl, Bill Walton, Mike Carpenter, Matt Emrick, Jim Nickerson, Chris Karam, and Kevin DiRocco. We provide staff introductions in Part 3, Team Qualifications. Resumes are included in Section 2 of this submittal. Levee Expertise GEI's capabilities range from expert regulatory compliance guidance to program and project conceptualization and management, infrastructure evaluation (e.g., geologic and geotechnical exploration planning and investigation environmental and ecological impact, and more), project design, implementation, and construction management. Page II. City of Dubuque, Iowa Structural Analysis of the Dubuque Levee and Floodwall System GEI maintains a solid track record in managing complex flood control projects, including levee evaluation, rehabilitation, design, construction, and FEMA accreditation efforts. Our experience in flood control including a levee specialty focus has afforded what many clients view as unique insight in developing thoughtful, detailed approaches for streamlining levee project engineering, leading to successful outcomes. GEI has strong in -house experience and knowledge of USACE and FEMA guidelines. Our flood control experts are well versed in Title 44 of the Code of Federal Regulations (CFR), Section 65.10, and have been instrumental in several FEMA accreditation and USACE certification efforts. GEI has won numerous awards for engineering innovation and the quality of designs completed and constructed in our dam safety repair and rehabilitation and flood control practice, including the following recent notable projects: • 2009 National Rehabilitation Project of the Year Award from Association of State Dam Safety Officials (ASDSO) for the Lake Burnt Mills Dam project located in Suffolk, Virginia. • 2008 Flood Control Project of the Year Award from the American Society of Civil Engineers Region 9 for the Bear River Setback Levee Project. We also have a long history working with the United States Army Corps of Engineers throughout the US. We are currently under contract to the USACE to provide Levee Periodic Inspections for several systems in Massachusetts and Connecticut. 2. Project Team Qualifications We have carefully assembled an outstanding team of highly qualified, respected, and responsive experts who will provide engineering services to the City of Dubuque for this important project. The GEI Team members' areas of responsibility on this project are provided on the organizational chart below. City of Dubuque Geotechnical Engineering Matt Emrick, P.E. Carpenter, F.E. Structural Engineering Bill Walton, P.E. GEI Consultants, Inc. Project Manager Rick Anderson, P.E. Principal -in- Charge Tilt' tt P,lE: Key Staff Richard Anderson, P.E. City of Dubuque, Iowa Structural Analysis of the Dubuque Levee and Floodwall System Mr. Anderson has 25 years of consulting engineering and project management experience for hydropower facilities, dams, water supply, flood control, and transportation projects worldwide. He is experienced in safety inspections, geotechnical analysis, design, and rehabilitation of embankment and rockfill dams and levees; analysis and design of retaining structures, and foundations; seismic hazard and liquefaction potential evaluations; construction monitoring; and development and management of subsurface investigation programs. He also attended the USACE's "train- the - trainer" Levee Inspection Workshop in January 2010 in San Diego, CA and has worked as Lead Geotechnical Engineer for the FEMA Accreditation of the Waterloo, IA Local Flood Protection Project and the Blue Lake Waste Water Treatment Plant Levee in Shakopee, MN . Thomas Kahl, P.E. Mr. Kahl, a GEI Senior Vice President, is a registered professional engineer with 20 years of experience specializing in environmental and geotechnical engineering. Since joining GEI, his primary responsibilities have included performing and managing field investigations, construction observation and cost estimating, foundation and site design, permitting, and environmental remedial design. He has worked on various dam and levee projects nationwide including the Bear River Setback Levee and the Feather River Setback Levee. He has also worked as a Senior Technical Advisor FEMA Accreditation Projects in Hartford, East Hartford, and Stamford, CT and Springfield, MA. Matthew Emrick, P.E. Mr. Emrick is a Project Manager with 12 years of geotechnical engineering consulting and project management experience. He is responsible for managing projects involving the analysis and design of dams, power plant facilities, transmission lines, and building foundations. His comprehensive geotechnical engineering project experience includes: analysis, design, and construction of dam repairs; visual inspections of dams and levee systems; seepage and slope stability analyses; earth retention and underpinning design; and analysis and design of foundations. He is experienced in the evaluation of in- situ pressuremeter test results, construction monitoring and field testing, and management of subsurface exploration programs. He also assisted with the review of geotechnical data and analyses for the FEMA Accreditation of the Waterloo, IA Local Flood Protection Project and the Blue Lake Waste Water Treatment Plant Levee in Shakopee, MN. Michael Carpenter, P.E. Mr. Carpenter is a senior geotechnical and concrete materials engineer with 16 years of geotechnical site assessment experience for commercial, industrial, and municipal projects including 10 years of experience in the evaluation, design, and construction of dams, hydropower facilities, and flood control structures. James Nickerson, P.E. Mr. Nickerson is a registered civil engineer with 10 years of experience. He has been involved in the planning, evaluation, and design of a wide range of flood control and dam projects. He also has experience in leading multi - disciplinary teams of engineers and scientists, as well as a strong technical Page 13 City of Dubuque, Iowa Structural Analysis of the Dubuque Levee and Floodwall System background with emphasis on solving problems and reducing costs. Mr. Nickerson's experience includes managing contracts with professional service budgets up to $2 million. He has direct experience planning and executing investigations, supervising engineering evaluations, preparation of reports, development of construction plans and specifications, and construction management. He was the project manager for the East Hartford Levee FEMA Accreditation project. He has also been active in FEMA Accreditation projects in Hartford, CT, Springfield and West Springfield, MA. Chris Karam, P.E. Mr. Karam has over 17 years of experience in the civil engineering profession. The majority of his experience has been focused on dams, spillways and other water retaining structures with a focus on hydrologic, hydraulic and water resources engineering. He has served as the lead engineer for probable maximum flood studies, inflow design floods, dam failure analyses, incremental hazard analyses and inundation mapping for FERC - licensed hydroelectric projects and state - regulated dams in New England, New York, and California. His experience includes dam inspections, preparation of Emergency Action Plans, license applications, geotechnical engineering and construction monitoring. Mr. Karam has performed river hydraulic, erosion protection, and interior drainage evaluations on numerous FEMA Accreditation projects. William Walton, P.E. Mr. Walton is Vice President of GEI in Chicago, Illinois. He is a licensed civil and structural engineer in 16 states and has 30 years experience in the geotechnical and structural design and construction of dams, hydroelectric facilities, embankments, landfills, steel mills, power plants, wind turbines and building foundations. He has worked in the Far East, Mideast, Africa, and South America. He is a FERC- approved Independent Consultant and Facilitator for dam safety inspections and probable failure mode analyst. Mr. Walton is an elected Fellow of the American Society of Civil Engineers and is a former Chairman of the Geotechnical Group in Illinois. Kevin DiRocco, P.E. Mr. DiRocco is a Project Manager specializing in geotechnical and structural engineering. Since joining GEI in 1992, he has worked on a wide range of projects involving analysis, design, and construction of foundations, earth support systems, tunnels, dams, levees, and utilities. Mr. DiRocco has been the lead engineer on the FEMA Accreditation project in Hartford, CT which included evaluation of 7 miles of earth embankment, 4,400 linear feet of floodwall, and six stop -log closure structures. Mr. DiRocco has also served as a technical resource for several other FEMA Accreditation studies. Page 14 Project Title; Project Summary: East Hartford Levee FEMA We have served as the prime consultant to the Town of East Hartford, CT to provide Accreditation Engineering engineering services for accreditation of the Town's flood control system. The Study system consists of 20,000 linear feet of earth embankment, 1400 linear feet of concrete floodwalls, three interior drainage pump stations and two stop -log closure Contact t In ort►7etton: structures. The accreditation documents were submitted to FEMA in advance of Ms. Denite fibtran . the Town's February 2010 deadline. FEMA accepted the documents in February MVO). of East:Haitford 2010. In addition to the Accreditation documentation, we have been working with 740 Main Strr the Town to design several repairs and modifications to the system. These repairs East Hartford,CT 06108 include soil - bentonite cutoff walls, sheet pile cutoff walls, repairing concrete and 860 -291 -4384 joints at floodwalls and closure structures, replacing a failing timber pile bulkhead along the Connecticut River and dredging a storage pond at one of the pump stations. The Town also engaged us to provide construction administration services for the repair project, which began in May 2010. Dates of Project: Original Contract Amount Changes in Scope: May 2008 - Ongoing $997,000 The results of our accreditation study identified deficiencies. The Town East Completed on'lime and ©n Final Contact Amount: several system of Hartford engaged us to design repairs for the $3,0 Million identified deficiencies and to perform construction Yes" to date) administration during the repairs. Prt Spring€ietdt vee Accediitation Project Summary: We have served as the prime consultant to the City of Springfield, MA to provide engineering services for accreditation of the Town's flood control system. The system consists of 3,900 linear feet of earth embankment, 11,700 linear feet of concrete floodwalls and seven interior drainage pump stations. We worked with the City's other consultant (Metcalf & Eddy) who completed the interior drainage evaluation to compile a single accreditation document for the City. The accreditation documents were submitted to FEMA in advance of the Town's January 2010 deadline. FEMA accepted the documents in February 2010. Contact information: Mr. Peter Schumway City of Springfield Dept c °PublitWorks 70 TapLStreet Spr . etd,, MA 07104 413 - '1'87` -621. Dates of Protect: October 1Moi Oagoing Original Contract Amount: $450,000 Changes in Scope: None Completed on Time and On Budget; Yes (to date) Final Contact Amount $450,000 City of Dubuque. Iowa Structural Analysis of the Dubuque Levee and Floodwall System References We are pleased to present references for several projects that we have completed within the last five years. P I Project Title: Project Summary: FEMA Levee Certification We have served as a consultant to the City of Hartford, CT to provide engineering City of Hartford, CT services for accreditation of the City's flood control system and to design closures structure improvements. The system consists of 35,000 linear feet of earth Contact Information: embankment, 4,400 linear feet of concrete floodwalls, six interior drainage pump Mr. John McGrane stations and six stop -log closure structures. Our accreditation work focused on the City of Hartford freeboard, erosion protection, embankment and foundation stability and Department of Public Works settlement aspects of the accreditation. We worked with the City's other Hartford, CT 06103 consultant (Fuss & O'Neill, Inc.) who completed the interior drainage evaluation 575 Main Street and review of the Operations and Maintenance manual to compile a single 860-522-4888 accreditation document for the City. The accreditation documents were submitted to FEMA in advance of the City's July 2009 deadline. FEMA accepted the documents in August 2009. Dates of Project: Original Contract Amount: Changes in Scope: 2007 — Ongoing $654,000 Original scope of work was to evaluate the existing information and develop a plan for accreditation. Completed on Time and On Final. Contact Amount: Final contract amount included scope to complete Budget: evaluations, design repairs to several closure Yes (to date) $1.9 Million structures. Project Title: Project Summary: West Springfield FEMA We served as a subconsultant to Purcell Associates to provide FEMA Accreditation iu:creditation engineering studies to the Town of West Springfield. The 5.4- mile -long West Springfield Flood Control System provides protection along the west bank of the Cortictl a om Connecticut River. The system consists of 13,700 linear feet of earth embankment, Mr. Rob Newton, P.E. 15,000 linear feet of concrete floodwall, 3 stop -log closure structures and 7 interior Purcell Associates drainage pumping stations. 90 National Drive Glastonbury, CT 06033 GEI's services included reviewing existing data, subsurface explorations, developing 860 -633 -8341 a basis of evaluation report for the overall project evaluating riverside hydraulics to support the interior drainage evaluation and evaluating erosion protection on the riverside of the system. GEI also provided a review of the Operation and Maintenance manual for conformance with regulations outlined in 44 CFR 65.10. Dates of Project Original Contract Amount: Changes in Scope: Oct 2008 —June 2009 $100,000 None Completed on Time and On Final Contact Amount Budget: $100,000 Yes City of Dubuque, Iowa Structural Analysis of the Dubuque Levee and Floodwall System Page 16 Project Title: Project Summary: Stamford Hurricane and. GEI was selected to provide engineering services to the Stamford Water Pollution Shore . Protection Evaluation Control Authority, City of Stamford, CT, for geotechnical, structural, and hydraulic Project evaluation of the Stamford Hurricane Protection Barrier (SHPB) system including includes: assembling and summarizing available design and construction embankments, floodwalls, pump stations, and other appurtenant structures. The Centilialtiferniatient purpose of the project is to provide documentation that the hurricane protection Ms. Jeanette kO n P:E. barrier system can be accredited for the 1% annual flood chance (100 -year storm). Stamford Water Pollution GEI is providing a wide range of services for the Stamford WPCA to comply with the Control Authority PAL requirements in accordance with 44CFR 65.10, which includes data review, 111. Harbor' View Avenue subsurface explorations, seepage, embankment and wall stability analysis, closure illcitil structure evaluation, settlement evaluation, erosion protection and interior Stamford, CT06902 drainage evaluation. GEI is also reviewing the Operations and Maintenance Manual Budget for compliance with 44CFR 65.10. In addition, GEI is providing engineering evaluations of impacts from recent development adjacent to the SHPB system. Dates of Project: Original Contract Amount Changes in Scope: ©ec r`2 t8= tktgoing 5750;000 None. GEI was hired under a separate contract to ; " ` provide on -call services for the hurricane barrier on Co , aTFnteand.On ct'Amount: j E . an as- needed basis. Budget: �y $750000 Yes (to date) Project,Title• Levee Periodic Inspections Project Summary: On behalf of the U.S. Army Corps of Engineers, New England District, GEI is performing periodic inspections of levee systems in nine cities and towns in Massachusetts and Connecticut. The levee systems vary from relatively simple earth embankments to complex systems that include floodwalls, closure structures, Mr,I3, atream underground conduits and pump stations. The periodic inspections are more I�SAY;,ofi End, comprehensive than the annual inspections performed by the USACE. The scope New England District includes: assembling and summarizing available design and construction 696 Virginia Road documents; performing field inspections and documenting system deficiencies 1 742 using the USACE's new Levee Information System; and preparing an inspection 8� ... . report. DaS sit Project °Vital ContractAmount! Changes in Scope: Sept 2009 --On -going $700 ;000 None Conipteittia On "Pima and On Final Carittit Amount Budget $700,000 Yes (to date) City of Dubuque, Iowa Structural Analysis of the Dubuque Levee and Floodwall System Project Title: Phase 4 Feather River Levee Repairs and Setback Levee Contact information: Mr. Paul Brunner Three Rivers Levee Improvement Authority 1114 Yuba Street Suite 218 Marysville, CA 95901 530-749 -7841 Project Summary: Feather River Levee Repairs, Levee Segments 1 and 3 — We served as the prime consultant to the Three Rivers Levee Improvement Authority (TRLIA) with several partners to evaluate and design improvements to seven miles of levee on the Yuba and Feather Rivers in Marysville, CA. The repairs included re- shaping the levee crown to provide adequate freeboard, constructing seepage and stability berms and waterside clay blankets, installing soil - bentonite cutoff walls, soil- cement- bentonite cutoff walls, and relief wells to reduce seepage problems, channel erosion protection, and a renovation of a railroad closure structure. Our work included design, permitting, construction administration and inspection services. Feather River Setback Levee — We served as the prime consultant to TRLIA with several partners to evaluate and design a six mile setback levee on the Feather River in Marysville, CA. We performed feasibility evaluations, fast -track geotechnical investigations, preliminary and final design, an analysis of alternatives with cost benefits and construction management services for the largest setback Page 17 City of Dubuque, Iowa Structural Analysis of the Dubuque Levee and Floodwall System Page 18 levee in California. The project included a 6- mile -long earth embankment levee with soil - bentonite cutoff walls, stability berms and relief wells. The project also included an interior drainage pump station, drainage ditches and infrastructure improvements such as roads and bridges. Dates of Project: Original Contract Amount: Changes in Scope: 2007 - Ongoing $1.4 Million Original Contract was for a feasibility study. Contract modifications for additional scope items including: Completed on Time and On Final Contact Amount Budget: $20.8 Million • Detailed design for levee repairs Segments 1 Yes and 3 and Setback Levee • Conduct economic analysis to feasibility study • Conduct permitting and right -of -way support for setback levee in advance of state funding • Construction management for repairs and setback levee • Increased federal permitting requirements - preparation of Environmental Impact Statement • Conduct Phase 2 environmental site assessments for potential contaminated sites • Complete additional Corps mandated permitting requirements • Archeological investigations for Native American burial site discovered along alignment of setback levee • Phase 2 site assessment for oil contaminated site • - FEMA certification support for Feather River levee City of Dubuque, Iowa Structural Analysis of the Dubuque Levee and Floodwall System Page 18 Project Title: Bear River Setback Levee Project Summary: Bear River Setback Levee — We served as the prime consultant to TRLIA for this 2- mile long setback levee project. We performed feasibility evaluations, fast -track geotechnical investigations, preliminary and final design, and construction management services for the largest setback levee (at the time) in California. The project included earth embankments with soil - bentonite cutoff walls and relief wells to control seepage. The project also included an interior drainage pump station, drainage ditches and detention basins. The levee was certified by the USACE to provide 100 - year -level flood protection. The $51 million project was awarded the 2008 Flood Control Project of the Year from ASCE Region 9. Contact information: Mr. Paul Brunner Three Rivers Levee Improvement Authority 1114 Yuba Street Suite 218 Marysville, CA 9590 530- 749 -1841 Oates of Project: Original Contract Amount: Changes in Scope: 2005 -2406 $2.7 Million Contract modifications for additional scope items including: Completed on Time `and On Final Contact Amount, • FEMA Accreditation support Budget: $6.7 Million • Preparation of Environmental Assessment for Yes NEPA Compliance • Schedule acceleration to initiate construction in 2005 • Geomorphic modeling • Interior drainage modeling • Construction Management (including environmental compliance) • Early environmental restoration /mitigation implementation • Conduct Phase 1 Environmental Site Assessment • Conduct archaeological investigations due to discovery of prehistoric Native American materials • Implement a second season of biological surveys and construction oversight City of Dubuque. Iowa Structural Analysis of the Dubuque Levee and Floodwall System 3. Scope of Work We have developed a project plan which outlines the scope of work we envision necessary to complete the stability analysis of the water retaining embankments and floodwalls of the Dubuque Levee and Floodwall System, as required by FEMA for levee certification under Section 65.10 of the National Flood Insurance Program (NFIP) regulations. We understand that the City will certify the levee. Our project plan reflects our previous experience with FEMA accreditation projects, and our overall experience in engineering design and flood control. We have extensive knowledge of the requirements of the FEMA regulations and USACE design criteria and analysis methods. Project Understanding We understand the City of Dubuque (City) has signed a two -year Provisionally Accredited Levee (PAL) agreement with FEMA. This agreement expires on May 17, 2011. The City must certify compliance with Section 65.10 of the N FIP regulations that the levee system provides 100 -year flood protection for the community prior to May 17, 2011. Page 19 City of Dubuque, Iowa Structural Analysis of the Dubuque Levee and Floodwall System The Rock Island District of the U.S. Army Corps of Engineers (USACE) designed and constructed the Dubuque Local Flood Protection Project. The project was completed in 1973. The project protects the floodplain area from just downstream of the former Eagle Point Bridge to about 1,000 feet downstream of Maus Park Lake. The project follows the right river bank, is approximately 5.6 miles long, and protects approximately 1,100 acres of industrial, commercial, and residential property. The project consists of approximately 7,100 feet of floodwall (I -wall, T -wall, and miter gate closures), over 20,000 feet of earthen levee, a miter -gate closure into Dubuque Harbor, four pumping stations, and three primary ponding facilities. The levee system experienced its greatest flood of record in 2001, reaching an elevation of 610.87 (MSL, 1912) at River Mile 579.9 (location of the Dubuque gage). Although this event was less than the 100 - year event, damages were incurred resulting in repairs authorized under PL 84 -99. This consisted of riprap placement. The USACE prepared a report entitled "Engineering Technical Review Report" dated June 2010 summarize the results of the USACE's technical review of the Dubuque Levee System in accordance with ETL 1110 -2 -570 "Certification of Levee Systems for the National Flood Insurance Program." Provided certain operation and maintenance issues were addressed, the USACE concluded that the levee system satisfied the Corps' hydraulic, geotechnical, mechanical and electrical design standards, and thus satisfied the minimum standards of the NFIP. However the study concluded that without additional testing and analyses, the District could not determine if the levee system met the structural adequacy standards of ETL 1110 -2 -570. We understand that the City has issued this Request for Proposal to perform analyses to evaluate embankment and foundation stability as required by FEMA for levee certification. Specifically, FEMA requires that analyses be provided that demonstrate that expected seepage into or out of the levee during the base flood will not jeopardize embankment or foundation stability. As discussed during the August 24 prebid meeting, the analysis will be performed for the earthen embankments and floodwalls and is limited to global stability concerns. Stress analyses of the flood wall to confirm local stability of individual components (e.g. to confirm adequate member section and reinforcing steel) are outside the scope of work. Furthermore, structural analysis of the closure structures is also outside of this scope of services. Approach GEI has reviewed the USACE as -built drawings for the Dubuque Levee System and the April 1966 Design Memorandum No. 1, General Design Memorandum provided with the RFP. It is our opinion that the following earthen embankment and floodwall sections are representative of the typical levee and floodwall geometry, construction, and foundation conditions along the length of the levee system and should be analyzed for stability: Stage I: Embankment Levees: 2 sections — Sta. 80 +OON and 60 +00 (Purina Dr.) T- Walls: None I — Walls: 3 sections —Sta. 38 +00, 43 +OOA, and 53 +34A Page 110 City of Dubuque, Iowa Stiuctural Analysis of the Dubuque Levee and Floodwall System Stage II: Embankment Levees: 1 section — Sta. 120 +00 T- Walls: 1 section — Sta. 120 +00 I- Walls: None Stage III: Embankment Levees: 5 sections — Sta. 68 +00, 75 +00, 106 +00, 124 +00, and 152 +00 T- Walls: 1 section — Sta. 124 +00 I-Walls: 3 sections — Sta. 68 +00, 75 +00 and 106 +00 Ultimately, it is a matter of the professional opinion of the engineer certifying the levee and its components as to the number and location of cross sections needed to adequately demonstrate stability of the water retaining structures. We have selected a total of eight embankment sections, two T -wall sections, and six I -wall sections for analysis. These locations also correspond to locations where a limited amount of existing soil boring data is available. The location and number of sections recommended by GEI for the Dubuque Levee system are based on our experience with similar FEMA levee accreditation studies. If the City desires to revisit the number and /or location of structures analyzed, we would be pleased to do so and revise our estimated level of effort accordingly. GEI also recommends that additional subsurface soil borings and laboratory testing be performed to confirm subsurface stratigraphy, obtain samples for laboratory testing, and develop engineering parameters for the seepage and stability analysis models. We propose to advance up to eight (8) soil borings to depths ranging from 40 to 60 feet, depending upon location and levee height. Additional details are provided in the Scope of Work. Scope of Work Our scope of work has been developed to meet the City's objective to evaluate and submit an analysis of levee embankment and foundation stability in accordance with the requirements of FEMA regulation 44 CFR 65.10 (b) (4) in support of the City's NFIP certification efforts. To meet objective, GEI proposes to perform the following tasks upon notice to proceed: Task 1 — Initial Project Meeting, Data Collection and Review, and Site Visit We will attend a kickoff meeting with City staff to discuss project objectives, tasks, and schedule. We will also collect all available background information including recently obtained survey information, GIS data, design reports, as -built drawings, repair plans, and identify any other sources of information about the flood control system not provided with the RFP. We will also perform a site visit walkover of the entire flood control system to confirm as- built /record drawings, assess the current physical condition, evaluate site access for additional subsurface investigations, finalize the proposed boring locations, and adjust the final location of proposed sections to analyze, as needed. Task 2 — Subsurface Exploration Program We will complete a subsurface exploration program to aid in the evaluation of the embankment and foundation stability of the flood control system. This task will begin with the preparation of a Field Exploration Work Plan which will outline exploration locations, depths, number and types of samples and exploration methods to be employed. The Draft Field Exploration Work Plan will be submitted to the City for review. Review Page 111 City of Dubuque, Iowa Structural Analysis of the Dubuque Levee and Floodwall System comments will be incorporated into a final work plan which will be submitted to the USACE Rock Island District for approval. Geotechnical test borings will be completed both through the existing levee embankment. Test borings will be used to supplement existing historic soil data and to verify embankment and foundation material composition. GEI proposes the following (preliminary) boring locations with the purpose of establishing stratigraphy and obtaining more detailed geotechnical information at the following locations: Stage* Station Proposed Borehole Depth I 80 +OON 50' I 60 +00 40 I I 120 +00 60' III 68 +00 50' III 75 +00 50' III 106 +00 60' III 124 +00 40' III 152 +00 60' Total: 410' *Note: Denotes USACE Stages from original construction per the as -built drawings. All borings will be sampled by SPT per ASTM D1586. SPT Samples will be obtained at 2.5 -foot intervals for the first 20 feet, and every 5 feet thereafter to the boring termination depth. The final location and number of borings may change after a more detailed review of historic information and observations made during our site visit. All of the borings will be located at the crest of the levee and will be performed using a truck- mounted drill rig. We will also perform geotechnical laboratory testing on soil samples collected during the subsurface exploration program. The laboratory testing will include moisture contents, grain -size analyses, and Atterberg limits testing to aid in soil classification and development of engineering parameters for levee evaluation. No strength or consolidation testing is proposed. We propose to subcontract the services of Badger State Drilling of Stoughton, Wisconsin to perform the subsurface drilling and testing. GEI's Madison, Wisconsin staff has a long- standing relationship with Badger State Drilling and has used them for subcontract drilling and testing on many similar projects across the Midwest. At the completion of the Subsurface Explorations, we will prepare a brief Geotechnical Data Memorandum to summarize the results of our subsurface explorations. Information in this memorandum will include: • Summary of previous geotechnical field investigations and laboratory testing • Summary of current geotechnical field investigations and laboratory testing • Boring and test pit logs • Field and laboratory testing results Page I 12 Deliverable: Field Exploration Work Plan. Deliverable: Geotechnical Data Memorandum. City of Dubuque. Iowa Structural Analysis of the Dubuque Levee and Floodwall System Task 3 - Embankment and Foundation Stability Analyses FEMA regulation 44 CFR 65.10 (b) (4) requires that an engineering analysis of the levee embankment stability be submitted. As per RFP Item 1.4, we will perform embankment stability and seepage analyses on up to eight (8) different earthen levee sections. The sections proposed were listed above. We will perform seepage analyses in general accordance with the procedures outlined in the following USACE documents: EM 1110 -2 -1913, Design and Construction of Levees, EM- 1110 -2- 1904, Seepage, and ETL 1110 -2 -569 Design Guidance for Levee Underseepage using the SEEP /W computer program. Our seepage analyses will focus on through- seepage and underseepage. We will perform slope stability analyses in general accordance with the procedures outlined in EM 1110 -2 -1913, Design and Construction of Levees and EM 1110 -2 -1902, Slope Stability using the SLOPE /W computer program. Our slope stability analyses will focus on the steady -state seepage and rapid drawdown loading cases. We will perform global stability evaluations of the T -wall and I -wall floodwall sections in general accordance with the procedures outlined in EM 1110 -2 -2100, Stability of Concrete Structures. We will evaluate bearing capacity, sliding resistance, and floatation resistance. We will perform these analyses for up to two (2) representative T -wall sections and up to six (6) representative I -wall cross sections. We will produce an Embankment and Foundation Stability Memorandum. This memorandum will explain our methodology, document selection of geotechnical and structural parameters, document calculations performed, and summarize the results. Deliverable: Embankment and Foundation Stability Memorandum. 4. Proposed Project Schedule Our proposal assumes we can complete the Dubuque Levee embankment and foundation stability analyses within 11 -1/2 weeks. Our proposed schedule follows: Notice to Proceed: October 4, 2010 Kickoff Meeting and Site Visit: Week of October 4th, 2010 Subsurface Explorations: October 11 through October 22, 2010 Stability Analyses: October 18 through November 30, 2010 Draft Embankment and Foundation Stability Memo: November 30, 2010 Final Embankment and Foundation Stability Memo: December 15, 2010 Page 113 5. Certificate of Insurance A certificate of Insurance is included in the Appendix. 6. Standard Contract Language Our Standard Professional Services Agreement is provided in the Appendix. City of Dubuque, Iowa Structural Analysis of the Dubuque Levee and Floodwall System Proposal Assumptions Our proposed scopes of work and fee estimate are based on the City of Dubuque performing or providing the following: • A designated representative with complete authority to transmit instructions and information, receive information, interpret policy, and define decisions. • Available data, drawings, and information related to the project. • Access to the City's GIS data with the 2009 topography with 2 -foot contours and aerial photography. • Access to the levee and other City owned property to conduct our site visit and field explorations. 7. Proposed Fees and Compensation (under separate cover) The proposed Fees and Compensation are under separate cover. Page 1 Section 2 Qualifications - Resumes City of Dubuque. Iowa Structural Analysis of the Dubuque Levee and Floodwall System Page 115 Richard J. Anderson, P.E., Senior Project Manager Education M.S., Geotechnical Engineering, Purdue University, 1985 B.S., Geology, University of Illinois at Urbana Champaign, 1983 Registration Registered Professional Engineer: Illinois, Indiana, Wisconsin Background G r E Consultants Mr. Anderson has 25 years of consulting engineering and project management experience for hydropower facilities, dams, water supply, flood control, and transportation projects worldwide. He is experienced in safety inspections, geotechnical analysis, design, and rehabilitation of embankment and rockfill dams; analysis and design of retaining structures, and foundations; seismic hazard and liquefaction potential evaluations; construction monitoring; and development and management of subsurface investigation programs. He is also a FERC- approved Independent Consultant for Part 12D 5 -Year Safety Inspections of Hydroelectric Projects and Facilitator for Potential Failure Modes Analyses. Experience City of Waterloo, Local Protection Levee System Accreditation, Waterloo, Iowa. Lead Geotechnical Engineer for a technical review of the Waterloo local flood protection project completed by the US Army Corps of Engineers in December 1982. Managed review of design information to certify that the flood protection system continues to meet the minimum design and O &M requirements of FEMA to participate in the National Flood Insurance Program. Blue Lake Waste Water Treatment Plant Levee Accreditation, Shakopee, Minnesota. Lead Geotechnical Engineer for the technical review of the ring levee protecting the waste water treatment plant to certify that the levee continues to meet the minimum design and O&M requirements of FEMA. U.S. Army Corps of Engineers, Detroit District. Lead Geotechnical Engineer for the 2010 Periodic Inspection of the Saginaw River Flood Control Project at Frankenmuth, MI Oakdale and Norway Hydroelectric Projects, Northern Indiana Public Service Company, Indiana. Member of Independent Board of Consultants responsible for review of the planning of field and laboratory investigations, design, and construction of spillway capacity expansions for two run -of -river hydroelectric projects on the Tippecanoe River in Indiana. Badger Hydro, Kaukauna Utilities, Wisconsin. Project Manager for design and construction management of a new 7.0 MW hydro project in Kaukauna, Wisconsin The new hydropower plant will replace two smaller plants on a power canal adjacent to the Fox River. The project will have a hydraulic head of 22 feet, and consist of two new 3.5MW S -Type horizontal units. Construction is anticipated to begin in 2012. Carlin Dam, Private Owner, Wisconsin. Project Manager and Lead Engineer for design and construction management of new embankment dam. The original dam failed due to overtopping during a flood event in June 2008. The new dam will have a maximum structural height of 14 feet and a concrete labyrinth overflow spillway. Richard J. Anderson, P.E. 1 Krebsbach Dam, City of Rochester, Minnesota. Lead engineer for the design and permitting of a new embankment darn, which is part of a larger regional stormwater management and highway widening project in Rochester, Minnesota. Meyer Material KD Pit Darn, County of Kenosha, Wisconsin. Project Manager and lead engineer for the design of a new embankment dam. The original darn failed due to overtopping during a flood event in July 2000. The new dam has a maximum structural height of 23 feet and a riprap -lined overflow spillway. Also responsible for preparing the environmental assessment report, procuring state and Corps of Engineers construction permits, and providing resident engineering services during construction. Mohale Dam, Lesotho Highlands Development Authority, Lesotho, Africa. Home Office Project Manager for the Stage 1 Tender Design and Stage 2 Detailed Design and Construction Supervision of Mohale Dam, 145 -meter -high concrete faced rockfill dam. Design of the project was undertaken by a joint venture firms in Maseru, Lesotho. Responsible for coordinating technical support for the design team in Maseru, tracking of project costs, and review of invoices. Also spent eight weeks as Acting Chief Geotechnical Engineer in July and August of 1996. FERC Part 12 Inspections / Hydroelectric Projects • Toledo Bend Hydroelectric Project, Toledo Bend Joint Project Operation, Texas, 2009 • Stevens Point and Biron Hydroelectric Projects, NewPage Corp, Wisconsin, 2010 • Toledo Bend Hydroelectric Project, Toledo Bend Joint Project Operation, Texas, 2009 • Fallasburg Hydroelectric Project, STS Hydropower, Michigan, 2008 • Rothschild Hydroelectric Project, Domtar Industries, Wisconsin, 2008 • Grandmother Falls, Packaging Corporation of America, Wisconsin, 2008 • Morrow Hydroelectric Project, STS Hydropower, Michigan, 2007 • Escanaba No. 3 Hydroelectric Project, Upper Peninsula Power Company, Michigan, 2005 • Hatfield Hydroelectric Project, Hatfield Partnership, Wisconsin, 2003 (PFMA only) • C.H. Corn Hydroelectric Project, City of Tallahassee, Florida, 2003 • San Gabriel Dam, Los Angeles County, California, 2003 • Camp Far West Dam, South Sutter Water District, California, 2003 • Rocky Mountain Pumped - Storage Project, Oglethorpe Power Corp., Georgia, 2002 • Ludington Pumped- Storage Project, Consumers Energy, Michigan, 2000 • Kinzua Pumped- Storage Project, GPU Genco, Inc., Pennsylvania Publications • Anderson, R J.; Kleiner, D.E.; and Gallus, R.T. (1997) "Long Term Performance of an Asphalt Lined Upper Reservoir, Kinzua Pumped Storage Project," Proceedings of the 1997 USCOLD Annual Meeting, San Diego, California, April . • Anderson, R J.; Martin, P.P.; and Wagner, C.D. (1996) "A Comparison of the Predictions of Tellico Dam's, Seismic Response by Simplified and Advanced Methods of Analysis ", Proceedings of the 1996 USCOLD Annual Meeting, Los Angeles, California, July 1996, • Anderson, R.J.; Martin, P.P.; and Niznik, J A. (1991) "Ground Motion Criteria for the Seismic Safety Assessment of Fort Loudoun Dam," Proceedings of the 34th Annual AEG Meeting, Chicago, IL, October. Professional Affiliations • Association of State Dam Safety Officials (ASDSO) • U.S. Society on Darns (USSD) • Wisconsin Association of Floodplain, Stormwater and Coastal Management Richard J. Anderson, P.E. 2 Matthew D. Emrick, P.E., Project Manager Education B.S., Civil Engineering, University of Wisconsin — Madison, 1997 Registration Professional Engineer: Wisconsin GE ' Consultants Background Mr. Emrick is a Project Manager with 12 years of geotechnical engineering consulting and project management experience. He is responsible for managing projects involving the analysis and design of dams, power plant facilities, transmission lines and building foundations. His comprehensive geotechnical engineering project experience indudes: analysis, design, and construction of dam repairs; visual inspections of dams and levee systems; seepage and slope stability analyses; earth retention and underpinning design; and analysis and design of foundations. He is also experienced in the evaluation of in -situ pressuremeter test results, construction monitoring and field testing, and management of subsurface exploration programs. Experience Local Protection Levee System, City of Waterloo, Iowa — Senior Project Engineer that assisted with data gathering and preparation of embankment inspection checklist forms. Reviewed as -built drawings and design analyses by USACE related to settlement, embankment stability and bank protection to confirm they met FEMA's requirements to participate in the National Flood Insurance Program (2010). Local Protection Levee System, Blue Lake Wastewater Treatment Plant, Shakopee, Minnesota. Senior Project Engineer that assisted with visual field inspection of flood control levee (2010). Data gathering and review is ongoing. Carlin Dam, Private Owner, Jefferson County, Wisconsin. Senior Project Engineer /Project Manager for the design of a new spillway and embankment dam to replace the original dam that failed during a flood event in June 2008. Responsible for coordination of the hydraulic studies, oversight of subsurface exploration program, seepage and stability analyses and completion of plans and specifications for WDNR acceptance. Assisted Owner with preparation of bid documents and selection of Contractor. Responsible for oversight of construction completed in Spring 2010. Cedar Grove Dam, Private Owner, Walworth County, Wisconsin. Senior Project Engineer /Project Manager for the design of spillway rehabilitation /improvements and required to increase capacity. A toe drain and flatting of the downstream slope were also implemented to improve embankment stability. Responsible for coordination of the hydraulic studies, oversight of subsurface exploration program, design of toe drain and completion of plans and specifications for WDNR acceptance. Assisted Owner with bid documents and selection of Contractor. Responsible for oversight of construction completed in Spring 2010. Biron Hydroelectric Project, Consolidated Water Power Company, Wood County, Wisconsin. - Senior Project Engineer responsible for performing stability analysis of the right earth embankment in accordance with FERC Guidelines and preparation of final report. Completed design of graded filter and toe berm repairs to address seepage at the toe and improve embankment stability. Prepared plans and specifications, design report and QCIP for FERC acceptance. QCIP Engineer during first 2 phases of construction completed in Fall 2009 and 2010, respectively. Prepared Construction Documentation reports. Matthew D. Emrick, P.E. 1 jersey Valley Dam, Vernon County Land and Water Conservation District, Vernon County, Wisconsin. Project Engineer responsible for assisting with the evaluation soil borings, rock cores, in -situ packer tests and laboratory strength and index testing. Assisted with the preparation of the geotechnical exploration data report and conceptual foundation grouting design repair. FERC Part 12 Dam Safety Inspections, Multiple Projects. Project Engineer /Sr. Project Engineer that assisted Independent Consultant with dam safety inspections. Participated in Potential Failure Mode Analyses (PFMAs) conducted for two of these projects. Assisted with preparation of the Part 12 Inspection Reports and PFMA Reports for FERC acceptance. Projects include: • Biron Hydroelectric Project, Consolidated Water Power Company, Wisconsin, 2010 (P12 Only) • Stevens Point Hydroelectric Project, Consolidated Water Power Company, Wisconsin, 2010 (P12 Only) • Toledo Bend Hydroelectric Project, Toledo Bend Joint Project Operation, Texas, 2009 (P12 peer review) • Fallasburg Hydroelectric Project, STS Hydropower, Michigan, 2008 (P12 and PFMA) • Rothschild Hydroelectric Project,.Domtar Industries, Wisconsin, 2008 (P12 Only) • Grandmother Falls Hydroelectric Project, Packaging Corporation of America, Wisconsin, 2008 (P12 Only) • Morrow Hydroelectric Project, STS Hydropower, Michigan, 2007 (P12 and PFMA) WDNR Dam Safety Inspections, Multiple Projects. Project Engineer /Sr. Project Engineer that assisted with dam safety inspections of multiple dams regulated by the State of Wisconsin Department of Natural Resources (WDNR). Projects include.: • Saratoga Dam, Waukesha Co., Wisconsin, 2009 • Blue Spring Lake Dam, Blue Spring Lake Management District, Jefferson Co., Wisconsin, 2009 • KD Pit Dam, Kenosha Co., Wisconsin, 2008 Slope Stabilization Project, Rudyard, Minnesota. Project Engineer responsible for coordinating subsurface exploration program and performing slope stability analyses for multiple sections along approximately 41 miles of natural gas transmission line. A previous slope failure compromised a portion of the gas line, which resulted in the Owner completing an initial hazard rating evaluation. The results of this initial evaluation indicated further exploration and stability analyses were required at several critical sections. Provided geotechnical report of results and recommendations for further monitoring and conceptual repair options. Taliesin Stabilization Phase I, Spring Green, Wisconsin. Assistant Project Engineer responsible for managing subsurface exploration program and completion of slope stability analyses. Provided conceptual slope and foundation stabilization /repair schemes for the former home of architect Frank Lloyd Wright. Provided construction oversight during installation of drainage system on the slope face implemented during the first phase of work to improve slope stability. Professional Associations American Society of Professional Engineers Association of State Dam Safety Officials (ASDSO) United States Society on Dams (USSD) Midwest Hydro Users Group American Society of Civil Engineers (ASCE) Training and Certifications ACEC Engineering Future Leaders Inaugural Class of 2007 Matthew D. Emrick, P E 2 Michael D. Carpenter, P.E., Project Engineer Education M.S. Geological Engineering, Michigan Technological University, 1994 B.S. Civil Engineering, Michigan Technological University, 1992 Registration Professional Engineer. Michigan, Minnesota, Wisconsin GEL. E L. Background Mr. Carpenter is a senior geotechnical and concrete materials engineer with the GEI office in Marquette, Michigan. He has 16 years of geotechnical site assessment experience for commercial, industrial, and municipal projects including 10 years of experience in the evaluation, design, and construction of dams, hydropower facilities, and flood control structures. Experience Tourist Park Dam, Marquette Board of Light & Power, Marquette, Michigan. Served as lead design engineer /project manager for the Tourist Park Dam reconstruction project in Michigan. Work included assessment of spillway capacity, hazard classification, design engineering services, performance of Potential Failure Modes Analysis, and development of Quality Control Inspection Plan, Refill Plan, and Temporary Emergency Action Plan. The proposed design includes a new concrete overflow spillway and an embankment dam with core wall. Toledo Bend Hydroelectric Project, Sabine River Authority of Texas and Louisiana, Texas and Louisiana Border. Served as assistant to independent consultant for the Part 12 inspection of the Toledo Bend hydroelectric project on the Texas /Louisiana border. Performed a review of the surveillance and monitoring plan, the emergency action plan, and supporting technical information document in accordance with the Part 12 Subtitle D regulations enforced by the Federal Energy Regulatory Commission. Jersey Valley Dam, Vernon County, Vernon County, Wisconsin. Served as lead design engineer for a grout curtain design for the Jersey Valley Dam in Vernon County, Wisconsin. The Natural Resources Conservation Service darn was first filled in 1969, and immediately experienced dangerous seepage conditions. The project did not reach design pool elevation until 1972. In recognition of the dangerous seepage conditions, the Wisconsin Department of Natural Resources ordered the reservoir to be drained in 2005. Using available subsurface exploration results, a three -row grout curtain design was developed. The proposed grout curtain is scheduled to be constructed in 2009. Silver Lake Dam, Upper Peninsula Power Company, Marquette, Michigan. Served as quality control and inspection plan engineer and project manager for the reconstruction of the Silver Lake Dam, including embankment dike and dam construction and the construction of a new 150 - foot -wide overflow spillway. Work induded coordination of the on -site QCIP manager and oversight of sample and data collection, management, and reporting. Construction was completed in the fall of 2008. McClure Hydroelectric Project, Upper Peninsula Power Company, Marquette, Michigan. Served as project engineer /manager charged with the failure evaluation of expansion bellows along a 7- foot - diameter steel penstock in Marquette County, Michigan including a complete internal inspection of the 2.5 -mile -long wood -stave and steel penstock system, a visual and laboratory microstructure evaluation of the failure, root - cause- analysis, and summary report. Michael D. Carpenter. P.E. 1 Minntac Tailings Basin, United States Steel Corporation, Mountain Iron, Minnesota. Served as project' engineer for a seepage evaluation along a 3.2 -mile -long portion of the perimeter embankment dam for an 8,000 -acre tailings basin in northern Minnesota, which included development of the exploration field and instrumentation program, overseeing the field exploration and instrumentation installation, instrument and laboratory testing, and seepage evaluation. The seepage evaluation consisted of quantifying the total seepage flow emanating through and under the dam using 12 representative cross sections and end -area estimation method. The results of the analysis were successfully used to develop an understanding of the seepage conditions and plan for partial collection and return of seepage water to the tailings pond. Kemper Lake Dam, Chicago, Illinois. Served as lead design engineer for the Kemper Lake Dam rehabilitation project which consisted of raising of the main embankment dam and the construction of an emergency spillway and discharge channel. Engineering services included subsurface exploration, embankment stability analyses, spillway design, and development of issued - for - construction design plans and specifications. Holcim Dam, Holcim US Inc., Bloomsdale, Missouri. Served as lead design engineer responsible for a new 130 - foot -tall earth and rockfill dam near St. Louis, Missouri including dam layout, material selection, construction staging, seepage and stability analyses, foundation grouting plan, design of outlet structures, and development of comprehensive plans and specifications. Holcim Darn, Holcim US Inc., Bloomsdale, Missouri. Served as lead project engineer for the construction and reservoir filling of a 130- foot -tall embankment dam near St. Louis, Missouri. Work during construction included oversight and management of quality assurance observations and testing for foundation grouting, clay core construction, mineral filter construction, spillway construction, and instrumentation installation. The foundation grouting in the karstic limestone bedrock proved challenging. However, the resulting grout curtain was successful in preventing erosion of the dam core and foundation. Work during reservoir filling included management of seepage outbreaks, monitoring and installation of additional instrumentation and analysis, interpretation, and presentation of instrumentation results with respect to dam safety. Prickett Hydroelectric Dam, Upper Peninsula Power Company, Baraga, Michigan. Served as lead design and quality control and inspection plan engineer for the design and construction of a reverse- filter seepage collection blanket at the Prickett Intake Dam in Baraga County, Michigan. This project provided a permanent repair to a chronic seepage - induced ground -loss problem. The design was initiated after a boil was observed in the downstream slope. The mineral filter materials were obtained from a local source to minimize costs and production time while meeting filter gradation criteria. The fast -track project was designed and constructed within three months will full acceptance of the Federal Energy Regulatory Commission. Professional Affiliations • Deep Foundations Institute • American Society of Foundation Engineers • National Hydropower Association • Association of State Dam Safety Officials • American Society of Civil Engineers • American Concrete Institute • United States Society on Dams Michael D. Carpenter. P.E. 2 Thomas W. Kahl. P.E.. Senior Vice President Education M.B.A, Cornell University, 2002 M.S., Civil Engineering, Tufts University, 1989 B.S., Civil Engineering, Tufts University, 1987 Registration Massachusetts and New York G E 1 Conwfaats Background Mr. Kahl is a registered professional engineer with 20 years of experience specializing in environmental and geotechnical engineering. He is the Regional Manager for GEI's Northeast offices in Boston, Maine and Washington, DC. Experience FEMA Levee Certification Evaluation, Hartford, Connecticut. Engineering manager for geotechnical evaluation and certification of about seven miles of existing levee and floodwall along the west bank of the Connecticut River. Evaluations include freeboard, erosion, seepage, and stability. Responsibilities include technical liaison with FEMA and Corps of Engineers representatives. Levee Strengthening Design, Bear and Feather Rivers, Yuba County, California. Quality Assurance Manager responsible for overall technical quality of investigation, design and construction documents. Project includes evaluation of more than 12 miles of the existing levee for stability and underseepage control. Construction to date includes two miles of new setback levee and slurry wall installation up to 80 feet deep. Nine Mile Point Nuclear Power Plant, Oswego, New York. Project Executive for foundation investigation and design for new nuclear power plant. Work includes extensive land -based and offshore boring programs; geophysical investigations; laboratory testing programs for soil, groundwater, and surface water; and seismic evaluations. Canady's Coal Ash Pond, South Carolina. Project manager for forensic evaluation of existing soil-day cutoff wall within an 8,000 -foot -long containment dike for ash waste from an active power plant and design of replacement soil- cement cutoff wall. Includes evaluation of potential remedial measures to fix leaks in the existing wall and laboratory evaluations for potential warranty claims. Seismic Evaluations, Various Dams, Savannah River Site, South Carolina. Project engineer responsible for seismic investigation, analysis, and design upgrades of existing earth dams. Former MGP Site, Consolidated Edison, Bronx, New York. Senior engineer responsible for a remedial design for coal tar and former MGP structures located below a city park. Project elements include deep excavation support, dewatering, air monitoring, community meetings, negotiations with the New York State Department of Environmental Conservation (NYSDEC), and preparation of design drawings and specifications. Thomas W. Kahl, P.E. Chris R. Karam, P.E., Senior Civil Engineer Education B.S., Civil Engineering, Wentworth Institute of Technology, 1989 Registration Professional Engineer: Maine, Massachusetts, New Hampshire, New York GEI G E I Conwkm. Background Mr. Karam has over 20 years of experience in the civil engineering profession. The majority of his experience has involved hydrology and hydraulic engineering for dams, levees, and other water retaining structures. Recently he was the engineer responsible for assessing the hydrologic and hydraulic aspects of the Hartford, East Hartford, Springfield, and West Springfield Levee Systems and the Stamford Hurricane Protection System for FEMA Certification. He was extensively involved with the evaluation the base flood elevations, freeboard adequacy, riprap protection, wave run -up and interior drainage. He has been the lead engineer for probable maximum flood studies, inflow design floods, dam failure analyses, incremental hazard analyses, inundation mapping, and the preparation of Emergency Action Plans for Federal Energy Regulatory Commission (FERC) Hydroelectric projects and has prepared numerous state and local stormwater analysis and erosion and sediment control permit applications. His experience also includes FERC Part 12D dam inspections, Potential Failure Mode Analyses (PFMA) workshops and reports, preparation of Supporting Technical Information Documents (STID). Experience East Hartford Flood Control System FEMA Accreditation, East Hartford, Connecticut. Project engineer responsible for hydrologic and hydraulic review and evaluation of the system's ability to meet the design criteria specified in accordance with 44 CRF Section 65.10 of the National Flood Insurance Program. Review and evaluation included establishing base flood elevations, freeboard adequacy, riprap adequacy, and review of interior drainage analysis. FEMA Levee Certification, Hartford, Connecticut. Project engineer responsible for hydrologic and hydraulic review and evaluation of the system's ability to meet the design criteria specified in accordance with 44 CRF Section 65.10 of the National Flood Insurance Program. Review and evaluation included establishing base flood elevations, freeboard adequacy, and riprap adequacy for approximately 6.5 miles of levee embankment along the Connecticut River. Stamford Hurricane Protection Barrier, Stamford, Connecticut. Engineer for a third party review of a development project built on a federally protected hurricane protection and flood control system off the Long Island Sound. Responsibilities included the review of interior drainage analysis and pump station adequacy to handle recent development in the drainage areas. West Springfield Levee Certification, West Springfield, Massachusetts. Engineer responsible for hydrologic and hydraulic review and evaluation of the system's ability to meet the design criteria specified in accordance with 44 CRF Section 65.10 of the National Flood Insurance Program. Review and evaluation included establishing base flood elevations, freeboard adequacy, and riprap adequacy. Springfield Levee Certification, Springfield, Massachusetts. Engineer, as a sub - contractor, for the hydrologic and hydraulic review and evaluation of the system's ability to meet the design criteria specified in accordance with 44 CRF Section 65.10 of the National Flood Insurance Program. Review and evaluation included establishing base flood elevations, freeboard adequacy, and riprap adequacy. Chris R. Karam, P.E. 1 James F. Nickerson, P.E., Project Manager Education M.S., Civil Engineering, Worcester Polytechnic Institute, 1999 B.S., Civil Engineering, Union College, 1997 Registration Professional Engineer: - Virginia, Massachusetts, Connecticut G E I Consultants V Background hir Nickerson is a registered civil engineer with 10 years of experience. His has been involved in the planning, evaluation, and design of a wide range of flood control and dam projects. He has extensive experience completing geotechnical evaluations. He also has experience in leading multi - disciplinary teams of engineers and scientists, as well as a strong technical background with emphasis on solving problems and reducing costs. Mr Nickerson's project experience includes managing contracts with professional service budgets up to $2 million. He has direct experience planning and executing investigations, supervising engineering evaluations, preparation of reports, development of construction plans and specifications, and construction monitoring. Experience East Hartford Flood Control System FEMA Accreditation, East Hartford, Connecticut. Completed an engineering study of the East Hartford Flood Control System to provide documentation that the system meets the design criteria specified in accordance with 44 CFR Section 65.10 of the National Flood Insurance Program. The study included evaluating existing documentation, site reconnaissance, a subsurface exploration program, and engineering evaluations of the 4-mile -long system. Serving as the Project Manager with responsibilities include developing a subsurface exploration program, coordinating the riverside hydraulics and hydrology study, floodwall and closure structure evaluations, and embankment stability and seepage evaluations, settlement evaluations and review of the operations and maintenance manual. Provided design services to develop remedial measures where deficiencies in the flood control system were identified. Design included permitting, design drawings, construction contracts and specifications for sheet pile cutoff walls, soil - bentonite cutoff walls, concrete repairs, riverfront bulkhead wall replacement, utility abandonment, retaining wall replacement and renovations to mechanical /electrical /plumbing systems at the three pump stations. FEMA Levee Certification, Hartford, Connecticut. Completed an engineering study of the Hartford Levee System to support the City's effort to have the levee system brought from the Provisional Accreditation Levee status to full FEMA accreditation. The study included evaluating existing documentation, site reconnaissance, subsurface exploration program, and engineering evaluations of the 7- mile -long system. Project responsibilities include developing preliminary seepage analysis and internal independent review and quality control. Springfield Flood Control System FEMA Accreditation, Springfield, Massachusetts. Completed an engineering study of the Springfield Flood Control System to provide documentation that the system meets the design criteria specified in accordance with 44 CRF Section 65.10 of the National Flood Insurance Program. Study includes evaluating existing documentation, site reconnaissance, subsurface exploration program, and engineering evaluations of the system. Served as the in -house consultant with responsibility for review and quality assurance of the engineering study and the final accreditation report. James F. Nickerson, P.E. 1 Kevin J. DiRocco, P.E., Project Manager Education M.S., Civil Engineering, University of Massachusetts, 1992 B. S., Civil Engineering, University of Massachusetts, 1990 Registration Professional Engineer: Vermont, Massachusetts G I Consultants Background Mr. DiRocco is a Project Manager specializing in geotechnical and structural engineering. Since joining GEI in 1992, he has worked on a wide range of projects involving analysis, design, and construction of foundations, earth support systems, tunnels, dams, levees, and utilities. Experience FEMA Levee Certification Evaluation, Hartford, Connecticut. Geotechnical evaluation and certification of about seven miles of existing levee and floodwall along the west bank of the Connecticut River. Evaluations include freeboard, erosion, seepage, and stability. Responsibilities include technical liaison with FEMA and Corps of Engineers representatives. Bear River Setback Levee, Yuba County, California. Developed technical specifications for construction of a new, approximately 2- mile -long earth embankment setback levee to replace an existing approximate 3.3 mile long levee. Technical specifications were prepared for foundation preparation, low permeability slurry cutoff wall construction, tie -in to the existing embankment, and embankment construction. Lake Burnt Mills Dam, Suffolk, Virginia. Design engineer for a new reinforced concrete intake tower as part of remedial measures for an existing earth embankment, water supply dam owned and operated by the city of Norfolk. Performed structural analysis and design to incorporate seismic, wind, and dynamic water loads. Modifications Design, Winsor Dam, Ware, Massachusetts. Winsor Dam is a 170- foot -high embankment dam that impounds Quabbin Reservoir, the primary water source for metropolitan Boston. Design engineer for design of and specifications for new piezometers in the downstream slope of the existing dam. Provided specifications for grouting and repointing and existing granite block spillway. North Shore Connector, Pittsburgh, Pennsylvania. The project consists of designing and construction phase services for an extension of Pittsburgh's existing light rail transit system (LRT). A new 1.2 -mile extension will run from Pittsburgh's Golden Triangle across the Allegheny River to Pittsburgh's North Shore. The construction includes mined tunneling and cut - and -cover construction methods adjacent to historic and modern buildings, and tunneling beneath a new building and active highway overpasses. Project manager and senior design engineer for evaluating ground movements related to tunnel and station construction and for evaluating the impacts of ground movements on existing structures and utilities. Designed instrumentation program for monitoring ground and building movements related to tunneling, and developed specifications for implementation of the instrumentation installation and monitoring. Designed ground improvement required for tunneling operations and protecting existing structures. Developed specifications for installation and testing of ground improvement. Kevin J. DiRocco, P.E. 1 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 OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TR ADD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YYYY) POLICY EXPIRATION DATE IMM/DD/YYYYI LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY P6307457A538 5/1/2010 5/1/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300, 000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L — I GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER. POLICY i I PRO- n TA I I LOC PRODUCTS - COMP /OP AGG $ 2,000,000 B AUTOMOBILE X LIABILITY ANY AUTO ALL OVVNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OYNED AUTOS P8104927M847 5/1/2010 5/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESS/ X UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ :UP 4484N486 5/1/2010 5/1/2011 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER /EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If Yes, describe under SPECIAL PROVISIONS below PSUB 1017A21A10 5/1/2010 5/1/2011 - X TORYLIMITS °a E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 $ 1,000,000 E.L. DISEASE - POLICY LIMIT D OTHERprofessional Liab. & Contractor's Pollution PEC902229906 5/1/2010 5/1/2011 PER CLAIM 1,000,000 AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Proposal 616237 Dubuque Levee and Floodwall System The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees, and volunteers are included as Additional Insured on General Liability including "ongoing operations" coverage. GL policy is primary & non - contributing. "Designated Locations" general liability aggregate limit is included. City of Dubuque 50 West 13th Street Dubuque, IA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE M Herlihy /BOSTON :" - ' -- -if ";--6<r-t...-1.5;e5, - .1COR I CERTIFICATE OF LIABILITY INSURANCE PRODUCER (617)328 -6555 FAX: (617)328 -6888 Ames and Gough 859 Willard Street Suite 320 Quincy MA 02169 INSURED GEI Consultants, Inc. 400 Unicorn Park Drive Woburn I MA 01801 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Travelers Casualty and Surety INSURER B. Travelers Property Casualty INSURER C: Travelers Insurance Company INSURER D: Steadfast Insurance Company INSURER E' DATE (MM/DD/YYYY) 8/30/2010 NAIC # 19038 25674 26387 COVERAGES CERTIFICATE HOLDER ACORD 25 (2009/01) INS025 (200901) CANCELLATION ® 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) INS025 (200901) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF GOVERNMENTAL IMMUNITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. We will waive, both in the adjustment of claims and in the defense of "suits" against the insured, any governmen- tal immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. CG 2414 11 85 COMMERCIAL GENERAL LIABILITY Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED — WRITTEN c v CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABIUTY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person- or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the In- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- CO D4 14 04 08 0 2008 The Travelers Companies, Inc. Cu...MERCIAL GENERAL LIABILITY plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional Insured when that person or organization is an additional insured under any "other insurance". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: Page 1 of 2 COMMERCIAL GENERAL LIAE. Page 2 of 2 i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a daim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to It that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must kmmediately send us copies of all legal papers received In con- nection with the claim or "suit", cooperate with us it the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any daim or "suit" to • 0 2006 The Travelers Companies, Inc. any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this Insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CO D414 04 011 City of Dubuque 50 W. 13 Street, Dubuque, IA 52001 -4864 STANDARD PROFESSIONAL SERVICES AGREEMENT 1. AGREEMENT. This Agreement is made and entered into by and between GEI Consultants, Inc. (GEI), 955 Challenger Drive, Suite A., Green Bay, Wisconsin 91203 By this Agreement, the parties do mutually agree as follows: 2. SCOPE OF SERVICES. GEI shall perform the services described herein and in Exhibit A. STANDARD PROFESSIONAL SERVICES AGREEMENT 3. EFFECTIVE DATE. The effective date of this Agreement shall be the latter of the acceptance dates indicated in Article 16, Acceptance. Acceptance of this Agreement by both parties shall serve as GEI's Notice to Proceed with the services described in Exhibit A. 4. TIMES FOR RENDERING SERVICES. a) GEI shall endeavor to perform the services under this Agreement in an orderly and efficient manner, consistent with the schedule or milestone dates provided in Exhibit A. b) GEI shall not be responsible for delays caused by factors beyond GEI's reasonable control. When such delays beyond GEI's reasonable control occur, CLIENT agrees that GEI shall not be responsible for damages, nor shall GEI be deemed in default of this Agreement. 5. COMPENSATION. a) CLIENT agrees to pay GEI in accordance with the payment terms provided in Exhibit B. b) GEI will submit invoices monthly or upon completion of a specified scope of service in accordance with GEI's standard invoicing practices, or as otherwise provided in Exhibit B. c) Payment is due upon receipt of the invoice. Payments will be made by either check or electronic transfer to the address specified by GEI, and will reference GEI's invoice number. d) Interest will accrue at the rate of 1% per month of the invoiced amount in excess of 30 days past the invoice date, or as otherwise provided in Exhibit B. e) In the event of a disputed or contested invoice, only that portion so contested will be withheld from payment, and the undisputed amounts will be paid. 6. PERFORMANCE STANDARDS. a) GEI will perform its services under this Agreement in a manner consistent with that degree of skill and care ordinarily exercised by members of GEI's profession currently practicing in the same locality under similar conditions. GEI makes no other warranties or representations, either expressed or implied, regarding the services provided hereunder. b) GEI shall correct deficiencies in services or documents provided under this Agreement without additional cost to CLIENT; except to the extent that such deficiencies are directly attributable to deficiencies in CLIENT - furnished information. c) Unless otherwise specifically indicated in writing, GEI shall be entitled to rely, without liability, on the accuracy and completeness of information provided by CLIENT, CLIENT's consultants and contractors, and information from public records, without the need for independent verification. 7. INSURANCE. a) GEI will carry the types and amounts of insurance in the usual form as provided in Exhibit C. b) Upon written request of CLIENT, GEI will furnish Certificates of Insurance indicating the required coverages and conditions. Effective August 15, 2009 Page 1 of 7 GEI STANDARD PROFESSIONAL SERVICES AGREEMENT 8. ALLOCATION OF RISKS. a) Indemnification. To the fullest extent permitted by law, GEI agrees to indemnify and hold CLIENT harmless from and against any liabilities, claims, damages, and costs (including reasonable attorney's fees) to the extent caused by the negligence or willful misconduct of GEI in the performance of services under this Agreement. b) Limitation of Liability. To the fullest extent permitted by law, the total liability, in the aggregate, of GEI and its officers, directors, employees, agents, and independent professional associates and consultants, and any of them, to CLIENT and any one claiming by, through or under CLIENT, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to GEI's services, the project or this Agreement, will not exceed the total compensation received by GEI under this Agreement, or available proceeds from GEI's insurance, whichever is less. This limitation will apply regardless of legal theory, and includes but is not limited to claims or actions alleging negligence, errors, omissions, strict liability, breach of contract, breach of warranty of GEI or its officers, directors, employees, agents or independent professional associates or consultants, or any of them. CLIENT further agrees to require that all contractors and subcontractors agree that this limitation of GEI's liability extends to include any claims or actions that they might bring in any forum. c) Consequential Damages. GEI and CLIENT waive consequential damages, including but not limited to damages for loss of profits, loss of revenues, and loss of business or business opportunities, for claims, disputes or other matters in question arising out of or relating to this Agreement. 9. CONFIDENTIALITY. a) Unless compelled by law, governmental agency or authority, or order of a court of competent jurisdiction, or unless required pursuant to a subpoena deemed by GEI to be duly issued, or unless requested to do so in writing by CLIENT, GEI agrees it will not convey to others any proprietary non - public information, knowledge, data or property relating to the business or affairs of CLIENT or of any of its affiliates, which is in any way obtained by GEI during its association with CLIENT. GEI further agrees to strive to limit, to a "need to know" basis, access by its employees to information referred to above. b) Unless compelled by law, governmental agency or authority, or order of a court of competent jurisdiction, or unless required pursuant to a subpoena deemed by CLIENT to be duly issued, CLIENT will not release to its employees or any other parties any concepts, materials, or procedures of GEI deemed by GEI to be proprietary and so explained to CLIENT. 10. OWNERSHIP OF DOCUMENTS. Drawings, diagrams, specifications, calculations, reports, processes, computer processes and software, operational and design data, and all other documents and information produced in connection with the project as instruments of service (Project Documents), regardless of form, will be confidential and the proprietary information of GEI, and will remain the sole and exclusive property of GEI whether the project for which they are made is executed or not. CLIENT retains the right to use Project Documents for the furtherance of the project consistent with the express purpose(s) of the Project Documents, and for CLIENT's information and reference in connection with CLIENT's use and occupancy of the project. Any use of Project Documents for purposes other than those for which they were explicitly prepared shall be at CLIENT's sole risk and liability. CLIENT agrees to defend, indemnify, and hold GEI harmless from and against any claims, losses, liabilities, and damages arising out of or resulting from the unauthorized use of Project Documents. 11. TERMINATION AND SUSPENSION. a) This Agreement may be terminated by CLIENT for any reason upon 10 days written notice to GEI. b) This Agreement may be terminated by GEI for cause upon 30 days written notice to CLIENT. c) In the event that this Agreement is terminated for any reason, CLIENT agrees to remit just and equitable compensation to GEI for services already performed in accordance with this Agreement, subject to the limitations given in this Article 11, Termination and Suspension. d) In the event Client terminates this Agreement for cause, in determining just and equitable compensation to GEI for work already performed, CLIENT may reduce amounts due to GEI by amounts equal to additional costs incurred by CLIENT to complete the Agreement scope. Such additional costs incurred by CLIENT may include but are not limited to: (1) the additional costs incurred by CLIENT to engage another Effective August 15, 2009 Page 2 of 7 GEI STANDARD PROFESSIONAL SERVICES AGREEMENT qualified consultant to complete the unfinished scope; and (2) CLIENT's labor costs and expenses to demobilize and remobilize its personnel to the site to coordinate with the new consultant. e) GEI may suspend any or all services under this Agreement if CLIENT fails to pay undisputed invoice amounts within 90 days following invoice date, by providing a 10 -day written notice to CLIENT, until payments are restored to a current basis. In the event GEI engages counsel to enforce overdue payments, CLIENT will reimburse GEI for all reasonable attorney's fees and court costs related to enforcement of overdue payments, provided that CLIENT does not have a good faith dispute with the invoice. CLIENT will indemnify and save GEI harmless from any claim or liability resulting from suspension of the work due to non - current, undisputed payments. 12. DISPUTE RESOLUTION. Both parties agree to submit any claims, disputes, or controversies arising out of or in relation to the interpretation, application, or enforcement of this Agreement to non- binding mediation pursuant to the Rules for Commercial Mediation of the American Arbitration Association, as a condition precedent to litigation or any other form of dispute resolution. 13. GENERAL CONSIDERATIONS. a) Authorized Representatives. The following individuals are authorized to act as CLIENT's and GEI's representatives with respect to the services provided under this Agreement: For Client: Deron Muehring 50 W. 13 Street Dubuque, IA 52001 -4864 For GEI: Rick Anderson, P.E. W5742 County Road H New Glarus, WI 53574 b) Nothing in this Agreement shall be construed as establishing a fiduciary relationship between Client and GEI. c) Notices. Any notice required under this Agreement will be in writing, submitted to the respective party's Authorized Representative at the address provided in this Article 13, General Considerations. Notices shall be delivered by registered or certified mail postage prepaid, or by commercial courier service. All notices shall be effective upon the date of receipt. d) Controlling Law. This Agreement is to be governed by the laws of the Commonwealth of Massachusetts. e) Survival. All express representations, indemnifications, or limitations of liability included in the Agreement will survive its completion or termination for any reason. However, in no event shall indemnification obligations extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by an applicable statute of repose or statute of limitations. f) Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon GEI and CLIENT. g) Waiver. Non - enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. h) Headings. The headings used in this Agreement are for general reference only and do not have special significance. i) Certifications. GEI shall not be required to sign any documents, no matter by whom requested, that would result in GEI having to certify, guaranty, or warrant the existence of conditions or the suitability or performance of GEI's services or the project, that would require knowledge, services or responsibilities beyond the scope of this Agreement. j) Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either CLIENT or GEI. GEI's services hereunder are being performed solely for the benefit of CLIENT, and no other entity shall have any claim against GEI because of this Agreement or GEI's performance of services hereunder. Effective August 15, 2009 Page 3 of 7 GEI 14. ADDITIONAL PROVISIONS. a) If Field Services are provided under this Agreement, the additional provisions included in Exhibit D shall apply. Field Services are defined as services performed on property owned or controlled by CLIENT, any federal, state, or local government or governmental agency, or other third party, and include, but are not limited to: site inspection, site investigation, subsurface investigation, sample collection, or sample testing. b) If the services of a Licensed Site Professional (LSP) or Licensed Environmental Professional (LEP) are provided under this Agreement, the additional provisions included in Exhibit E shall apply. c) If Engineering Design Services are provided under this Agreement, the additional provisions included in Exhibit F shall apply. d) If Opinions of Probable Construction Cost are provided under this Agreement, the additional provisions included in Exhibit G shall apply. e) If Construction Services are provided under this Agreement, the additional provisions included in Exhibit H shall apply. 15. EXHIBITS. The following Exhibits are attached to and made a part of this Agreement: ✓ Exhibit A, Scope of Services and Schedule ✓ Exhibit B, Payment Terms ✓ Exhibit C, Insurance ✓ Exhibit D, Special Provisions for Field Services ✓ Exhibit E, Special Provisions for Services of Licensed Site /Environmental Professionals ✓ Exhibit F, Special Provisions for Engineering Design Services ✓ Exhibit G, Special Provisions for Opinions of Probable Construction Costs ✓ Exhibit H, Special Provisions for Construction Services 16. ACCEPTANCE. The parties hereto have executed this Agreement as of the dates shown below. For CLIENT: For GEI: By: By: (Signature) (Signature) (Print Name) (Print Name) (Title) (Title) (Date) (Date) Effective August 15, 2009 Page 4 of 7 STANDARD PROFESSIONAL SERVICES AGREEMENT Rick Anderson, P.E. Project Manager GEICJ EXHIBIT A Scope of Services and Schedule See Attached Letter Proposal Dated September 1, 2010 EXHIBIT B Payment Terms STANDARD PROFESSIONAL SERVICES AGREEMENT EXHIBITS A - H STANDARD PROFESSIONAL SERVICES AGREEMENT EXHIBITS A - H See Attached Letter Proposal Dated September 1, 2010 including GEI's 2010 Fee Schedule and Payment Terms. EXHIBIT C Insurance GEI will carry the following types and amounts of insurance: A. Worker's Compensation and Employer's Liability (statutory): 1. In accordance with the laws of the state(s) in which services are performed. B. Commercial General Liability (CGL) Insurance: 1. Bodily Injury and Property Damage Combined: $1,000,000 per occurrence and in aggregate. 2. Including explosion, underground drilling excavation, and collapse hazards. 3. Including an endorsement providing Additional Insured Status to CLIENT under the policy. C. Comprehensive Automobile Insurance: 1. Bodily Injury and Property Damage Combined: $1,000,000 per accident. 2. Includes all owned, non - owned, and hired vehicles used in connection with the services under this Agreement. D. Professional Liability Insurance: 1. $1,000,000 per claim and in aggregate. EXHIBIT D Special Provisions for Field Services A. Right of Entry. CLIENT agrees to furnish GEI with right -of -entry and a plan of boundaries of the site where GEI will perform its services. If CLIENT does not own the site, CLIENT represents and warrants that it will obtain permission for GEI's access to the site to conduct site reconnaissance, surveys, borings, and other explorations of the site pursuant to the scope of services in the Agreement. GEI will take reasonable precautions to minimize damage to the site from use of equipment, but GEI is not responsible for damage to the site caused by normal and customary use of equipment. The cost for restoration of damage that may result from GEI's operations has not been included in GEI's fee, unless specifically stated in Exhibit B. B. Underground structures. CLIENT will identify locations of buried utilities and other underground structures in areas of subsurface exploration. GEI will take reasonable precautions to avoid damage to the buried utilities and other underground structures noted. If locations are not known or cannot be confirmed by CLIENT, then there will be a degree of risk to CLIENT associated with conducting the exploration. In the absence of confirmed underground structure locations, CLIENT agrees to accept the risk of any damages and losses resulting from the exploration work. C. Presence of Hazardous Materials. If the services under this Agreement do not include services relating to hazardous waste, oil, asbestos, or other hazardous materials, as defined by federal, state, or local laws or regulations, and if such materials are discovered during GEI's work, CLIENT agrees to negotiate appropriate revisions to the scope, schedule, budget, terms, and conditions of this Agreement. When such hazardous materials are suspected, GEI will have the option to stop work, without financial penalty, until a modification to this Agreement is made or a new Agreement is reached. If a mutually satisfactory Agreement cannot be reached between both parties, this Agreement will be terminated, and CLIENT agrees to pay GEI for all services rendered up to the date of termination, including any costs associated with termination. Effective August 15, 2009 Page 5 of 7 GEC STANDARD PROFESSIONAL SERVICES AGREEMENT EXHIBITS A - H D. Disposal of Samples and Wastes Containing Regulated Contaminants. In the event that samples collected by GEI or provided by CLIENT, or wastes generated as a result of site investigation activities, contain or potentially contain substances or constituents which are or may be regulated contaminants as defined by federal, state, or local statutes, regulations, or ordinances, including but not limited to samples or wastes containing hazardous materials, said samples or wastes remain the property of CLIENT and CLIENT will have responsibility for them as a generator. If set forth in the Agreement, GEI will, at CLIENT's expense, perform necessary testing, and either (a) return said samples and wastes to CLIENT, or (b) using a manifest signed by CLIENT as generator, have said samples and /or wastes transported to a location selected by CLIENT for disposal. CLIENT agrees to pay all costs associated with the storage, transport and disposal of said samples and /or wastes. Unless otherwise provided in the Agreement, GEI will not transport, handle, store, or dispose of waste or samples or arrange or subcontract for waste or sample transport, handling, storage, or disposal. CLIENT recognizes and agrees that GEI is working as a bailee and at no time assumes title to said waste or samples or any responsibility as generator of said waste or samples. E. Contribution of Hazardous Materials. CLIENT agrees that GEI has not contributed to the presence of hazardous wastes, oils, asbestos, biological pollutants such as molds, fungi, spores, bacteria, and viruses, and by- products of any such biological organisms, or other hazardous materials that may exist or be discovered in the future at the site. GEI does not assume any liability for the known or unknown presence of such materials. GEI's scope of services does not include the investigation or detection of biological pollutants such as molds, fungi, spores, bacteria, and viruses, and by- products of any such biological organisms. CLIENT agrees to indemnify and hold harmless GEI, its subconsultants, subcontractors, agents, and employees from and against all claims, damages, losses, and costs (including reasonable attorneys' fees) that may result from the detection, failure to detect, or from the actual, alleged, or threatened discharge, dispersal, release, escape, or exposure to any solid, liquid, gaseous or thermal irritant, asbestos in any form, or contaminants including smoke, vapor, soot, fumes, acids, alkalies, chemicals, waste, oil, hazardous materials, or biological pollutants. CLIENT's obligations under this paragraph apply unless such claims, damages, losses, and expenses are caused by GEI's sole negligence or willful misconduct. EXHIBIT E Special Provisions for Services of Licensed Site /Environmental Professionals For services under this Agreement that require the engagement of a Licensed Site Professional (LSP) or a Licensed Environmental Professional (LEP) registered with and subject to the laws and regulations promulgated by the state in which the services are provided (collectively the LSP /LEP Program), the following will apply: A. Under the LSP /LEP Program, the LSP /LEP owes professional obligations to the public, including, in some instances, a duty to disclose the existence of certain contaminants to the state in which the services are provided. B. CLIENT understands and acknowledges that in the event that the licensed professional's obligations under the LSP /LEP Program conflict in any way with the terms and conditions of this Agreement or the wishes or intentions of CLIENT, the licensed professional is bound by law to comply with the requirements of the LSP /LEP Program. CLIENT recognizes that the licensed professional is immune from civil liability resulting from any such actual or alleged conflict. C. CLIENT agrees to indemnify and hold GEI harmless from any claims, losses, damages, fines, or administrative, civil, or criminal penalties resulting from the licensed professional's fulfillment of the licensed professional's obligations under the LSP /LEP Program. EXHIBIT F Special Provisions for Engineering Design Services A. Design Without Construction Phase Services. CLIENT understands and agrees that if GEI's services under this Agreement include engineering design and do not include Construction - Related Services, then CLIENT: 1. Assumes all responsibility for interpretation of the construction Contract Documents. 2. Assumes all responsibility for construction observation and review. 3. Waives any claims against GEI that may be in any way connected thereto. Effective August 15, 2009 Page 6 of 7 GEI! STANDARD PROFESSIONAL SERVICES AGREEMENT EXHIBITS A - H For purposes of this Agreement, Construction - Related Services include, but are not limited to: construction observation; review of the construction contractor's technical submittals; review of the construction contractor's progress; or other construction -phase services. B. Use of Documents. 1. The actual signed and sealed hardcopy construction Contract Documents including stamped drawings, together with any addenda or revisions, are and will remain the official copies of all documents. 2. All documents including drawings, data, plans, specifications, reports or other information recorded on or transmitted as Electronic Files are subject to undetectable alteration, either intentional or unintentional, due to transmission, conversion, media degradation, software error, human alteration, or other causes. 3. Electronic Files are provided for convenience and informational purposes only and are not a finished product or Contract Document. GEI makes no representation regarding the accuracy or completeness of any accompanying Electronic Files. GEI may, at its sole discretion, add wording to this effect on electronic file submissions. 4. CLIENT waives any and all claims against GEI that may result in any way from the use or misuse, unauthorized reuse, alteration, addition to, or transfer of the Electronic Files. CLIENT agrees to indemnify and hold harmless GEI, its officers, directors, employees, agents, or subconsultants, from any claims, losses, damages or costs (including reasonable attorney's fees) which may arise out of the use or misuse, unauthorized reuse, alteration, addition to, or transfer of Electronic Files. EXHIBIT G Special Provisions for Opinions of Probable Construction Costs GEI's Opinions of Probable Construction Cost provided under this Agreement are made on the basis of GEI's experience and qualifications, and represent GEI's best judgment as an experienced and qualified professional generally familiar with the industry. However, since GEI has no control over the cost of labor, materials, equipment or services furnished by others, or over a contractor's methods of determining prices, or over competitive bidding or market conditions, GEI cannot and does not guarantee that proposals, bids or actual construction costs will not vary from Opinions of Probable Construction Cost prepared by GEI. If CLIENT wishes greater assurance as to probable construction costs, CLIENT agrees to employ an independent cost estimator. EXHIBIT H Special Provisions for Construction Services In accordance with the scope of services under this Agreement, GEI will provide personnel to observe the specific aspects of construction stated in the Agreement and to ascertain that construction is being performed, in general, in accordance with the approved construction Contract Documents. A. GEI cannot provide its opinion on the suitability of any part of the work performed unless GEI's personnel make measurements and observations of that part of the construction. By performing construction observation services, GEI does not guarantee the contractor's work. The contractor will remain solely responsible for the accuracy and adequacy of all construction or other activities performed by the contractor, including: methods of construction; supervision of personnel and construction; control of machinery; false work, scaffolding or other temporary construction aids; safety in, on, or about the job site; and compliance with OSHA and construction safety regulations and any other applicable federal, state, or local laws or regulations. B. In consideration of any review or evaluation by GEI of the various bidders and bid submissions, and to make recommendations to CLIENT regarding the award of the construction Contract, CLIENT agrees to hold harmless and indemnify GEI for all costs, expenses, damages and attorneys' fees incurred by GEI as a result of any claims, allegations, administrative proceedings, or court proceedings arising out of or relating to any bid protest or such other action taken by any person or entity with respect to the review and evaluation of bidders and bid submissions or recommendations concerning the award of the construction Contract. This paragraph will not apply if GEI is adjudicated by a court to have been solely negligent or to have actually engaged in intentional and willful misconduct without legitimate justification, privilege, or immunity; however, CLIENT will be obligated to indemnify GEI until any such final adjudication by a court of competent jurisdiction. 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