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HomeMy WebLinkAboutPW10-132 - Amendment - #2 - The Watershed Company - Meridian Valley Creek - 06/29/2011 ,�� Records Manva" � gerne 1Z ENT . Ic = Document W A SH IN G T 0 CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: The Watershed Company Vendor Number: ID Edwards Number Contract Number: 13 a This is assigned by City Clerk's Office Project Name: Meridian Valley Creek Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: vZ ,� -,)-g-�/ Contract Effective Date: Date of Mayor's signature Termination Date. 6/30/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time for completion to 6/30/12 because_ permitting_is taking loner than expected. S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT W h 5 J IN G T ON AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: The Watershed Company CONTRACT NAME & PROJECT NUMBER: Meridian Valley Creek ORIGINAL AGREEMENT DATE: April 26, 2010 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: No change is necessary to the scope of work, however an amendment is needed to extend the time of completion to June 30, 2012 because permitting is taking longer than expected to complete. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $68,391.00 including applicable WSST Net Change by Previous Amendments $3,975.00 including applicable WSST Current Contract Amount $72,366.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $72,366.00 AMENDMENT - 1 OF 2 S Original Time for Completion 6/30/11 (insert date) Revised Time for Completion under 0 prior Amendments (insert date) Add'I Days Required (t) for this 366 calendar days Amendment Revised Time for Completion 6/30/12 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By: (sign turd) (signature) Print Name: �/ P nt Na e Suzette Cooke Its s Mayor (title) / (titl DATE: oil /Z��/� DATE:_ /v T APPROVED Ag TO FORM: (applicable If Mayor's signature required) AAA rwil,6v , Ke4 Law Department Watershed Co-Meridian valley Crk amd 2/Knox AMENDMENT - 2 OF 2 AC 10l01l2010o CERTIFICATE ®F LIABILITY INSURANCE DATE (MMrt010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER RTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to srms 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 endorsements) PRODUCER Phone (360)598-3700 Fax (360)598-3703 rCi NTACr Michael J.Hall MICHAEL J HALL&COMPANY ..... =tiy 1a"� F' PtoNE FAX - .,-+= AIC Ido Ext A1C No HALL&COMPANY 19660 10TH AVENUE N E. �" CDDREBs PRODUCER 468 POULSBO WA 98370 !� CUSTOMER ID Li,1 INSURERS)AFFORDING COVERAGE NAIC9 INSURED A INSURER Underwriters at Lloyds,London The Watershed Company r x iL -, 4 a Hartford Casualty Insurance Co 29424 750 6th St S ?_ INSURER Kirkland,WA 98033-6715 ="3t;*a"� ? off°` i s 1NURERc Sentinel Insurance Company 11000 .1 9 ' INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER- 123476 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICYEFF PDLICYEXP LIMITS LTR INS WVD MM/DD/YYYY MM/DD B GENERAL LIABILITY 52SBALG6505 09/30/10 09130/11 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETORENTED $ 300,000 PREMISES Eeo Umrca CLAIMS-MADE I X OCCUR MED EXP(Anyone person) $ 10,000 X OCP,XCU,BFPD PERSONAL 8 ADV INJURY $ 2,000,000 X Separation of Insureds GENERAL AGGREGATE $ 4,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 4,000,000 POLICY X PRO- LOC L UTOMOeaE LABILITY 52UECJR5898 09/30/10 09130111 COMBINED O BINEDt)SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION 52SBALG6505 09l30/10 09130/11 1 WcsTATU- X OTTM WA Stop Ga AND EMPLOYERS LIABILITY YIN TORV LIh11T5 $ P P EL EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNERIFJfECUTIVE OFFICERIMEMBER EXCLUDED? 171 NfA in NH) EL DISEASE-EA EMPLOYEE $ 11,000,000(Mandatory If yes describe urP., DESCRIPTION OF OPERATIONS bel. EL DISEASE-POLICYLIMIT $ 1,000,000 A Professional Lability Claims Made Form 1123871942/010 09130/10 09/30111 $1,000,000 Per Claim Retro Date $1,000,000 Aggregate Sep 30, 1993 DESCRIPTION OF OPERATIONS I LOCATIONS j VEHICLES(Attach ACORD 101,Additional Remarks Schedule,rf more space is required) Project Name Meridian Valley Creek The City of Kent is an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured This insurance is primary insurance and any other insurance mainta CERTIFICA the 1p, Nru excess only and T HOLDER CIA CEL itIig IRS LATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 400 W Gowe St Kent,WA 98032-6019 AUTHORIZED REPRESENTATIVE Attention: NancyYoshitake z id Q shie`y L Hurd --✓� ACORD 25(2009/09) ©1938-2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provis:on does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees', "volunteer workers" any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to"mobile equipment" registered in "volunteer worker), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization Any person or organization having proper responsible for the conduct of such person is temporary custody of our roe also an insured, but only with respect to liability p ry y y property rty if you arising out of the operation of the equipment, and die,but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or orgarircation for this liability. maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury' to a co-"employee" of the d. Legal Representative If You Die person driving the equipment;or Your legal representative if you die, lout b. "Property damage' to property Domed by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance, an insured under this provision. e. Unnamed Subsidiary _ 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of such person is also an insured, but only with subsidiary not shown in the Declarations as a named insured does not apply to respect to liability arising out of the operation of the watercraft, and only if no other injury damage with respect to which an insurance of any kind is available to that insured under another parity or insuredd under this insurance also would be be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured wdh respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft;or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by firnded liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However. Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a, through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier, and Form SS 00 08 04 05 Page 11 of 24 The Hartford BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (ej' Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed _ However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor,or a. Vendors (h) 'Bodily injury" or "property Any person(s)or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" ansmg own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (I) The exceptions contained in "property damage" included within the Subparagraphs (d) or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products, damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence b. Lessors Of Equipment of the contract or agreement; (b) Any express warranty (1) Any person or organization from whom unauthorized by you; y equipment; but only (c) Any physical or chemical change with respect to their liability for"bodily in the product made intentionally injury", "property damage" or "personal and advertising injury" by the vendor, caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the onginal container, Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) 'Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality, or (a) Any "occurrence" which takes (b) "Bodily injury"or"property damage" place after you cease to lease that included within the 'products- land or be a tenant in that completed operations hazard". premises;or f. Any Other Party (b) Structural alterations, new (1) Any other person or organi aeon who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects,Engineers Or Surveyors advertising injury" caused, in whole or (1) Any archdect, engineer,or surveyor,but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal _ -on your behalf: and advertising injury" caused, in whole _ (a)-In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) in connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you,including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, 'Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury' change orders, designs or arising out of the rendering of, or the drawings and specifications;or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services,including- activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily- _ _ reports, surveys, field orders, occupied by you with permission of the ` - change orders, designs or owner, arising out of fire, lightning or drawings and'specifications;or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the 1. The Most We Will Pay Declarations. 5. Damage To Premises Rented To You Limit Declarations and the rules below fix the most The Limits Insurance shown in the The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage"to any one premises, while b. Claims made or"suits"brought;or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner The most we will pay for. In the case of damage by fire, lightning or explosion,the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "properly damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the Declarations. 6. How Limits Apply To Additional Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This Genera! Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision, or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addrhon to the limits of insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. (3) Cooperate with us in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months,starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit' to the You or any additional insured must see to other insurer for defense and indemnity. it- that we are notified as soon as However, this provision does not apply to pracficable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, wrrften agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How,when and where the"occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence,Offense, ,- (2) The names and addresses of any Claim Or Suit injured persons and witnesses;and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage ansing out of the "occurrence", offense, claim or "suit" is occurrence or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, d you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (2) Notify us as soon as practicable. (4) Any "executive officer" or insurance manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable insured is a trust, or c. Assistance And Cooperation Of The Insured (s) Any elected or appointed official, if you or an additional insured is a political You and any other involved insured must subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibihty for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7, Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: undensured motorists, no-fault or other ri coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b, Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured;or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or an a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the applicable limit of insurance. An agreed insurance for premises rented to you settlement means a settlement and release of or temporarily occupied by you with permission of the owner, liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, and any rights or duties specifically assigned "property damage" to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: w+th permission of the owner, a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and if the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft,"autos"or watercraft to a claim is made or"suit"is brought_ the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy,you agree: if the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A.— representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (4) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance,and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insu-ance,or insurance. ` (7) When You Add Others As An We will share the remaining loss,f any,with Additional Insured To This any other insurance that is not described in insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part apply to other insurance available to C. Method Of Sharing any person or organization v✓ho is an. If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Parr this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains This insurance is primary if you , have agreed in a written contract, whichever comes first written agreement or permit that if any of the other insurance does not permit this insurance be primary. If other y contribubon by equal shares, wa will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurers share is based on the ratio of its by the method described in c. applicable-limit of insurance b the total below, applicable fronts of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part,those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At out primary and we will not seek request, the insured will bring "suit" or inrtmbu6on from that other transfer those rights to us and help us insurance. enforce them. This condition does not. Paragraphs(a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional ` insured has been added as an b. Waiver Of Rights Of Recovery (Waiver.additional insured. Of Subrogation) If the insured has waived any rights of have no duty under this When this insurances excess, we will recovery against any person or ha Coverage Part to organization for all or part of any payment defend the insured against any"sufY If any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that 'suit. If no other atso waive that right provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers, agreement or permit fiat was executed i prior to the injury or damage. Form S5 00 08 04 05 Page 17 of 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS (PER PROJECT) This endorsement modifies insurance provided under the following- BUSINESS LIABILITY COVERAGE FORM A. Section D. LIABILITY AND MEDICAL EXPENSES 4. If the applicable "project' has been abandoned, LIMITS OF INSURANCE is amended as follows: delayed, or abandoned and then restarted, or if 1. The General Aggregate Limit under Section D. the authorized contracting parties deviate from LIABILITY AND MEDICAL EXPENSES LIMIT plans, blueprints, designs, specifications or OF INSURANCE applies separately to each of timetables, the "project" will still be deemed to your"projects". be the same"project' 2. The limits shown in the Declarations for Liability 5. The provisions of Section D. LIABILITY AND and Medical Expenses, Damage To Premises MEDICAL EXPENSES LIMIT OF INSURANCE Rented To You and Medical Expenses continue not otherwise modified by this endorsement to apply shall continue to apply as stipulated 3. When coverage for liability arising out of the B. Additional Definitions "products-completed operations hazard" is The following definition is added to Section G. provided, any payments for damages because LIABILITY AND MEDICAL EXPENSES of 'bodily injury" or "property damage" included DEFINITIONS- in the "products-completed operations hazard" 1. "Project' means "your work" at location(s) away will reduce the Products-Completed Operations from premises owned or rented to you Aggregate Limit, and not reduce the General Aggregate Limit Form SS 04 33 04 05 Page 1 of 1 © 2005,The Hartford COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT C) This endorsement modifies insurance provided under the following* 0 o BUSINESS AUTO COVERAGE FORM 0 To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other o provisions of the Coverage Form, the provisions of this endorsement apply Ln 1. BROAD FORM INSURED B. Employees as Insureds Ln C. A. Subsidiaries and Newly Acquired or Paragraph A 1 - WHO IS AN INSURED- of N Formed Organizations SECTION II - LIABILITY COVERAGE is N The Named Insured shown in the amended to add o Declarations is amended to include: d Any "employee" of yours while using a in (1) Any legally incorporated subsidiary in covered "auto" you don't own, hire or which you own more than 50% of the borrow in your business or your voting stock on the effective date of the personal affairs. Coverage Form However, the Named C. Lessors as Insureds Insured does not include any subsidiary Paragraph A 1 - WHO IS AN INSURED - of that is an "insured" under any other Section II - Liability Coverage is amended to automobile policy or would be an add. "insured" under such a policy but for its termination or the exhaustion of its Limit e The lessor of a covered "auto" while the "auto" is leased to you under a written of Insurance (2) Any organization that is acquired or agreement if formed by you and over which you (1) The agreement requires you to maintain majority ownership However, provide direct primary insurance for the Named Insured does not include any the lessor and newly formed or acquired organization (2) The "auto"is leased without a driver (a) That is a partnership, joint venture Such a leased "auto" will be considered a or limited liability company covered "auto" you own and not a covered (b) That is an "insured" under any other "auto"you hire policy, 2. AUTOS RENTED BY EMPLOYEES (c) That has exhausted its Limit of Any "auto" hired or rented by your "employee" Insurance under any other policy, or on your behalf and at your direction will be (d) 180 days or more after its considered an"auto"you hire acquisition or formation by you, The OTHER INSURANCE Condition is amended unless you have given us notice of by adding the following. the acquisition or formation If an "employee's" personal insurance also Coverage does not apply to "bodily applies on an excess basis to a covered "auto" injury" or "property damage"that results hired or rented by your "employee" on your from an "accident" that occurred before behalf and at your direction, this insurance will you formed or acquired the organization be primary to the "employee's" personal insurance Form HA 99 16 07 06 Page 1 of 3 ©2006, The Hartford(Includes copyrighted material of ISO Properties, Inc , with its permission ) 3. AMENDED FELLOW EMPLOYEE EXCLUSION 6. LEASE GAP COVERAGE EXCLUSION 5 - FELLOW EMPLOYEE - of Under SECTION III - PHYSICAL DAMAGE SECTION tl - LIABILITY COVERAGE does not COVERAGE, if a long-term leased "auto" is a apply if you have workers' compensation covered "auto" and the lessor is named in the insurance in-force covering all of your policy as a Loss Payee, we will pay in the event "employees" of a total "loss" your additional legal obligation to Coverage is excess over any other collectible the lessor for any difference between the actual insurance cash value of the"auto" at the time of the "loss" 4. HIRED AUTO PHYSICAL_DAMAGE and the "outstanding balance" of the lease COVERAGE "Outstanding 2balance" means the amount you owe on the lease at the time of "loss" less any If hired "autos" are covered "autos" for Liability amounts representing taxes, overdue payments, Coverage and if Comprehensive, Specified penalties, interest or charges resulting from Causes of Loss, or Collision coverages are overdue payments, additional mileage charges, provided under this Coverage Form for any excess wear and tear charges, lease termination "auto" you own, then the Physical Damage fees Coverages provided are extended to "autos" you hire or borrow, subject to the fallowing limit 7. AIRBAG COVERAGE The most we will pay for "loss" to any hired Under Paragraph B EXCLUSIONS - of SECTION "auto" is III - PHYSICAL DAMAGE COVERAGE, the (1) $50.000, following is added The exclusion relating to mechanical breakdown (2) The actual cash value of the damaged or does not apply to the accidental discharge of an stolen property at the time of the"loss", or airbag (3) The cost of repairing or replacing the g, ELECTRONIC EQUIPMENT-BROADENED damaged or stolen property, COVERAGE whichever is smallest, minus a deductible. The The exceptions to Paragraphs B 4 - deductible will be equal to the largest deductible EXCLUSIONS - of SECTION Ili - PHYSICAL applicable to any owned "auto" for that DAMAGE COVERAGE are replaced by the coverage No deductible applies to "loss" following caused by fire or lightning Hired Auto Physical Damage coverage is excess over any other Exclusions 4 c and 4 d do not apply to: collectible insurance Subject to the above limit, a Equipment designed solely for the deductible and excess provisions, we will reproduction of sound and accessories used provide coverage equal to the broadest with such equipment, provided such coverage applicable to any covered "auto" you equipment is permanently installed in the own covered "auto" at the time of the "loss" or We will also cover loss of use of the hired "auto" such equipment is removable from a if it results from an "accident", you are legally housing unit which is permanently installed liable and the lessor incurs an actual financial in the covered "auto" at the time of the loss, subject to a maximum of $1000 per "loss", and such equipment is designed to "accident" be solely operated by use of the power from the "auto's" electrical system, in or upon the This extension of coverage does not apply to covered "auto", or any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), b Electronic equipment that is necessary for members (if you are a limited liability company), the normal operation of the covered "auto" or members of their households or the monitoring of the covered "auto's" 5 PHYSICAL DAMAGE -ADDITIONAL operating system, or TEMPORARY TRANSPORTATION EXPENSE c Electronic equipment that is an integral part COVERAGE of the same unit housing any sound reproducing equipment described inParagraph A 4 a of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provided Paragraph a above and permanently a limit of $50 per day and a maximum limit of console of the opening of the dash or installed t console covered "auto" normally used $1,000 by the manufacturer for installation of a radio Form HA 99 16 07 06 Page 2 of 3 d Any other electronic equipment that receives (2) A partner, if you are a partnership, or transmits audio, visual or data signals if (3) A member, if you are a limited liability such equipment company, or (1) is permanently installed in a covered (4) An executive officer or insurance manager, if "auto"at the time of the"loss", and you are a corporation (2) is designed to be solely operated by use 13. UNINTENTIONAL FAILURE TO DISCLOSE of the power from the "auto's" electrical HAZARDS system, in or upon the covered "auto", If you unintentionally fail to disclose any hazards and existing at the inception date of your policy, we (3) was initially installed or is a replacement will not deny coverage under this Coverage of equipment that was initially installed Form because of such failure by the auto manufacturer or dealer 14. HIRED AUTO -COVERAGE TERRITORY Nbefore the covered "auto" was delivered Paragraph e of GENERAL CONDITIONS 7 - o to the original purchaser, and a POLICY PERIOD, COVERAGE TERRITORY - of (4) the value the equipment was included SECTION IV- BUSINESS AUTO CONDITIONS is in the retailit cost the original purchaser replaced by the following, o paid for the covered "auto" 1i e For short-term hired "autos", the coverage 9. EXTRA EXPENSE-BROADENED territory with respect to Liability Coverage is N COVERAGE anywhere in the world provided that if the Under Paragraph A - COVERAGE- of SECTION "insured's" responsibility to pay damages for III - PHYSICAL DAMAGE COVERAGE, we will "bodily injury" or "property damage" is N pay for the expense of returning-a stolen covered determined in a "suit,"the "suit" is brought in o "auto"to you the United States of America, the territories 0 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE and possessions of the United States of Under Paragraph D -DEDUCTIBLE-of SECTION America, Puerto Rico or Canada or in a III - PHYSICAL DAMAGE COVERAGE, the settlement we agree to following is added 15. WAIVER OF SUBROGATION No deductible applies to glass damage if the TRANSFER OF RIGHTS OF RECOVERY glass is repaired rather than replaced AGAINST OTHERS TO US - of SECTION IV - 11. TWO OR MORE DEDUCTIBLES BUSINESS AUTO CONDITIONS is amended by Under Paragraph D -DEDUCTIBLE-of SECTION adding the following III - PHYSICAL DAMAGE COVERAGE, the We waive any right of recovery we may have _ following is added against any person or organization with whom _ If another Hartford Financial Services Group, you have a written contract that requires such Inc company policy or coverage form that is not waiver because of payments we make for an automobile policy or coverage form applies to damages under this Coverage Form the same"accident",the following applies 16. RESULTANT MENTAL ANGUISH COVERAGE (1) if the deductible under this Business Auto The definition of "bodily injury" in SECTION V- Coverage Form is the smaller (or smallest) DEFINITIONS is replaced by the following deductible, it will be waived, "Bodily injury" means bodily injury, sickness or (2) If the deductible under this Business Auto disease sustained by any person, including Coverage Form is not the smaller (or mental anguish or death resulting from any of smallest) deductible, it will be reduced by these the amount of the smaller (or smallest) 17. EXTENDED CANCELLATION CONDITION deductible Paragraph 2. of the COMMON POLICY 12. AMENDED DUTIES IN THE EVENT OF CONDITIONS - CANCELLATION - applies except ACCIDENT,CLAIM,SUITOR LOSS as follows The requirement in LOSS CONDITIONS 2 a - If we cancel for any reason other than DUTIES IN THE EVENT OF ACCIDENT, nonpayment of premium, we will mail or deliver CLAIM, SUIT OR LOSS - of SECTION IV - to the first Named Insured written notice of BUSINESS AUTO CONDITIONS that you must cancellation at least 60 days before the effective notify us of an "accident" applies only when the date of cancellation "accident"is known to (1) You, if you are an individual; Form HA 99 16 07 06 Page 3 of 3 40 REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT his rm (1r �,-Znjst he � n cherry page Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Matt Knox Phone (Originator) 5551 Date Sent 6,t24/11 Date Required 6/30/11 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 6/30/12 VENDOR NAME: The Watershed Company DATE OF COUNCIL APPROVAL: 4/20/10 Brief Explanation of Document The attached Amendment No 2 to the Meridian Valley Creek agreement is necessary to extend the time for completion to June 30, 2012 Additional time is needed for final design For a brief explanation, see the attached prepared by Matt Knox Please note that Amendment No 1 expires June 30, 2011 All Contracts Must Be Routed Through the Law Department (This.Area ggto be Completed By the Law Department)1 Received: C� E D Rtr:"FEt,'ED Approval of Law Dept IJUN 2 4 2011 VINE--�� Law Dept Comments �E ENT LAW E. P� s , r)fftca Of the Gt/Iaya Date Forwarded to Mayors u Shaded Areas to Be Completed by Administration Staff Received ;iP 7i Recommendations & Comments- Ll Disposition �,`T— —i f Date Returned: Iage5870_templatebase 2/07