HomeMy WebLinkAboutPW11-088 - Amendment - #1 - Tetra Tech, Inc - Russell Road Levee Project - Peer Review Services Records M agemer
KENO Document
Vd/�9HINGTON
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: Tetra Tech, Inc.
Vendor Number: '
ID Edwards Number
Contract Number: ,)
This Is assigned by City Clerk's Office
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Project Name: Russell Road Levee
Description: ❑ Interlocal Agreement ❑ Change Order M Amendment ❑ Contract
❑ Other:
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Contract Effective Date: Date of the Mayor's Signature Termination Date: 12/31/12
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Mark Madfai Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide additional-peer review support of the levee certification package for the project_
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KENT
'Nn5H1NCT�
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: Tetra Tech, Inc.
CONTRACT NAME & PROJECT NUMBER: Russell Road Levee
ORIGINAL AGREEMENT DATE: February 17, 2011
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:
Provide additional peer review support of the levee certification
package for the project.
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, $13,702.00
including applicable WSST
Net Change by Previous Amendments $0
including applicable WSST
Current Contract Amount $13,702.00
including all previous amendments
Current Amendment Sum $6,315.00
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $209017.00
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AMENDMENT - 1 OF 2
Original Time for Completion 12/31/11
(insert date)
Revised Time for Completion under 0
prior Amendments
(insert date)
Add'I Days Required (f) for this 366 calendar days
Amendment
Revised Time for Completion 12/31/12
(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: 1 � By:
sr ature, (signature)
Print Name: !9exkvs Pr t Na Suzette Cooke
Its It Mayor
(title) Attle)
DATE: « — Zz — ' DATE: 1 3 ��
APPROVED AS TO FORM:
(applicable d Mayor's signature required)
ft
L.,
Kent aw Department
Tetra Tech-Russell Rd Amd 1/madfai
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AMENDMENT - 2 OF 2
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DATE(MM1DD/YYYY)
Av�' CERTIFICATE OF LIABILITY INSURANCE 1010112011
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. a +
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the cm
Certificate holder In lieu of such endorsement(s) c
m
PRODUCER CONTACTNAME
II
AOn Risk Insurance services West, Inc. HONE FAX
Los An eles CA office (A/C No Eat) (866) 283-7122 (NO (847) 953-5390 10
707 Wilshire Boulevard E.MAA_ s 0
Suite 2600
LOS Angeles CA 90017-0460 USA INSURERIS)AFFORDING COVERAGE NAIC#
INSURED INSURER A National Union Fire Ins CO of Pittsburgh 19445
Tetra Tech, Inc INSURER Insurance Company of the State of PA 19429
17885 Von Karman Ave.
Ste 500 INSURER Chartis specialty Insurance company 26883
Irvine CA 92614 USA INSURER Lexington Insurance Company 19437
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER:570044004942 REVISION NUMBER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Limits shown are as requested
INSR POLICY EFF POLICY EXP
LTR TYPE OFINSURANCE SR WVD POLICY NUMBER MMIDD MNVDDYYYYl LIMITS
A GENERAL LIABILITY GL4 10 1010112012 EACH OCCURRENCE $l,OOO,DOO 1
DAMAGEN $1,000,000
% COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence
CLAIMS-MADE X❑OCCUR MED EXP(Any one person) $10,000
X x,C,U Coverage PERSONAL B ADV INJURY $1,000,000 a
GENERAL AGGREGATE $2,000,000 O
0
GEN L AGGREGATE LIMIT APPLIES PER
PRODUCTS-COMP/OP AGG $2,000,000
0
POLICY X PRO- X LOC 0n
A AUTOMOBILE LIABILITY CA 170 73 788 10 011201110 0112012 COMBINED SINGLE LIMIT $1,000,000 fEam
ccidentl
JX ANV AUTO BODILY INJURY(Per person) Z
ALL OWNED SCHEDULED BODILY INJURY(Per accident)AUTOS AUTOS PROPERTY DAMAGEHIRED AUTOS X NON-OWNED (Per accic ant) Ir
AUTOS
D TH1100027 10/01/2011 10/01/2012 m
X UMBRELLALLAB X OCCUR EACH OCCURRENCE $1,000,00o (.T
EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 1
DED RETENTION
B WORKERS COMPENSATION AND WC20635697 10/Ol/2011 10/01/2012 WC STATU- OTH
B EMPLOYERS'LUIBILITY WC20635698 101011201110/01/2012 X TORY LIMITS ER
ANY PROPRIETOR? YINOR?PARTNER I EXECUTIVE EL EACH ACCIDENT El,OOO,OOO
e OFFICEIMEMBER EXCLUDED? NIA WC20635699 10/01/2011 10/O1/2012
(Mandatory In NH) EL DISEASE-EA EMPLOYEE $1,000,000
If yyes describe under E L DISEASE-POLICY LIMIT $1,000,000—
DESCRIPTION OF OPERATIONS below
C Contractor Prof CoPs1952583 10/01/2011 10/01/2012 Each Clain $5,000,000
Prof/Poll LTab Agggregate $5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ANach ACORD 101,Additional Remarks Schedule,I mom apace is required)
Project Start Date 2/14/11 Project End Date 2/14/12 Job Description Peer Review of the CLOMR and Levee Project
certification package for the Russell Road Levee Project City of Kent, Public works Department is included as Additional gar
Insured with respect to General Liability and Automobile Liability policies where required by written contract General '7
Liability and Automobile Liability evidenced herein is Primary and Non-contributory to other insurance available to the
Certificate Holder, but only to the extent required by written contract with the insured contractual Liability is included 't
under the General Liability policy where required by written contract Cross Liability is included under the General
Liability policy where required by written contract stop Gap Coverage for the following states OH, INA, WY see Attached
CERTIFICATE HOLDER CANCELLATION 1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED N ACCORDANCE WITH THE
POLICY PROVISIONS
City of Kent, Public works Department AUTHORIZED REPRESENTATIVE
Attn Mark Madfai, PE
Fourth Avenue South Ken
Kent WA 98032 USA
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m1988-2010 ACORD CORPORATION All rights reserved
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD
ENDORSEMENT
This endorsement,effective 12:01 A.M. 1 0101/201 1 forms a part of
Paley No.GL 487-11-70
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S COMMERCIAL PRIME ENDORSEMENT
This endorsement modifies insurance provided under the following.
Y
f
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Coverage afforded under this endorsement does not apply to any person or organization covered as
an additional insured on any other endorsement now or hereafter attached to this Coverage Part.
1. ADDITIONAL INSUREDS
y
Section li - WHO IS AN INSURED, 1. is amended to include as an insured any person or
organization described in paragraphs A through I below, whom you are required to add as
an additional insured under a written contract or agreement. The written contract or 1
agreement must be:
1. Currently in effect or becoming effective during the term of this policy; and
2 Executed prior to "bodily injury", "property damage," or "personal injury and
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advertising injury". 1
A. BY CONTRACT /
Any person or organization to whom you become obligated to include as an additional ✓/
insured under this policy, as a result of any contract or agreement you enter into which
requires you to furnish insurance to that person or organization of the type provided by
this policy, but only with respect to Ilability arising out of your operations or premises
owned by or rented to you, However, the insurance provided will not exceed the lesser
of: I
1. The coverage and/or limits of this poky, or
2. The coverage and/or limits required by said contract or agreement.
B. CONTROLLING INTEREST
1. Any person or organization having a greater than a 60% interest in you, but only ?
with respect to their liability arising out of:
a
a. Their financial control of you; or
b. Premises they own,maintain or control while you lease these premises.
2. The insurance afforded to these additional insureds under Paragraph I.8.1 does not
apply to structural alterations, new construction or demolition operations performed
by or for that person or organization.
C. CO-OWNER OR INSURED PREMISES i
A Co-owner of insured premises co-owned by you and covered by this Insurance but
only with respect to their liability as co-owner of the premises.
100983 42/09) Page 1 of 7
1. STATE OR POLITICAL SUBDIVISION- PERMITS
Any State or Political Subdivision, subject to the following provisions:
1. This insurance applies only with respect to operations performed by you or on your
behalf for which the state or political subdivision has issued a permit
2. This insurance does not apply to:
a "Bodily injury,' "property damage" or" personal and advertising injury"
arising out of operations performed for the state or municipality; or
b. "Bodily injury" or "property damage" included within the "products-
completed operations hazard". t
11. PRIMARY INSURANCE -ADDITIONAL INSUREDS
Where persons or organizations have been added to your policy as additional insureds to
comply with insurance requitements of written contracts mandating primary coverage for
such additional insureds relative to:
a) the performance of your ongoing operations for the additional insureds; or
b) "your work" performed for the additional insureds and included in the "products- ;
completed operations hazard.
then with respect to these additional Insureds as defined above in this Section only,
SECTION iV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. - Other
Insurance, a. - Primary Insurance, is deleted in its entirety and replaced with the following:
This insurance is primary over any similar insurance available to any person or organization
we have added to this policy as an additional insured to comply with insurance requirements
of written contracts mandating primary coverage for such additional insureds relative to (a)
the performance of your ongoing operations for the additional insureds, or (b) "your work"
performed for the additional insureds and included in the "products-completed operations
hazard. However, this insurance is primary over any other similar insurance only if the
additional insured is designated as a named insured of the other similar insurance. We will
not require contribution of limits from the other similar insurance if the insurance afforded is "
primary.
INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE d
SECTION it - WHO IS AN INSURED, 2. a. (1) (d) is deleted in Its entirety and replaced
with the following•
ld) Arising out of his or her providing or failing to provide professional health care
services, except for "bodily injury" arising out of "Incidental Medical Malpractice ,
Injury" by any physician, dentist, nurse or other medical practitioner employed or
retained by you unless such "bodily injury" is covered by another primary policy.
However, the insurance provided hereunder to such persons will not apply to lability
arising out of services performed outside of the scope of their duties as your
"employees." Any series of continuous, repeated or related acts will be treated as
the occurrence of a single negligent professional healthcare service, which will be
assignable to the same policy and policy year in which the originating act occurred.
SECTION V- DEFINITIONS - is amended to add:
"Incidental Medical Malpractice injury" means "Bodily Injury" arising out of the rendering
of or failure to render the following services:
1009$3(2109) Page 3 of 7
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a. You must see to it that we are notified as soon as practicable of any "occurrence" or
an offense, which may result in a claim. Knowledge of an "occurrence" or an
offense by your agent, your servant, or your employee will not in itself constitute
knowledge to you unless the Director of Risk Management (or one with similar or
equivalent title) or his/her designee will have received such notice. To the extent ;
possible notice should include:
(1) How, when and where the "occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the "occurrence"
or offense.
IX. AMENDMENT OF EXPECTED OR INTENDED INJURY EXCLUSION
SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, 2. - Exclusions, a. - Expected or Intended Injury, is deleted and replaced by the
following:
a. "Bodily injury' or "property damage" expected or intended from the standpoint
of the insured. This exclusion does not apply to "bodily injury" or "property
damage" resulting from the use of reasonable force to protect persons or
property.
X. CONTRACTUAL LIABILITY-RAILROADS
Only with respect to (1) operations performed within 50 feet of railroad property and (ii) for
which a Railroad Protective Liability Policy in the name of the railroad has been provided,
then
A. SECTION V- DEFINITIONS, Paragraph 9, is deleted in its entirety and replaced with the
following:
S. "Insured Contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a
lease of premises that indemnifies any person or organization for damage by fire
to premises while rented to you or temporarily occupied by you with permission
of the owner is not an "insured contract';
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business
{including an indemnification of a municipality in connection with work
performed for a municipality) under which you assume the tort liability of
another party to pay for "bodily injury" or "property damage" to a third person
or organization. Tort liability means a liability that would be imposed by law in
the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage
arising out of:
(e) Preparing, approving or failing to prepare or approve maps, shop
drawings, opinions, reports, surveys, field orders, change orders or
drawings and specifications; or
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100983(2109) Page 5 of 7
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1. A separate Per Construction Project General Aggregate Limit applies to each
construction project, and that limit is equal to the amount of the General
Aggregate Limit shown in the Declarations.
2. The Per Construction Project General Aggregate Limit is the most we will pay for
the sum of N all damages under COVERAGE A, except damages because of
"bodily injury" or "property damage" included in the "products-completed
operations hazard', (ii) all damages under COVERAGE B and (iii) all medical
expenses under COVERAGE C regardless of the number of.
a. Insureds;
b. Claims made or "suits"brought; or f
c. Persons or organizations making claims or bringing 'suits".
3. Any payments made under COVERAGE A or B for damages or under COVERAGE
C for medical expenses shall reduce the Per Construction Project General
Aggregate Limit for that construction project. Such payments shall not reduce
the General Aggregate Limit shown in the Declarations nor shall they reduce any
other Per Construction Project General Aggregate Limit for any other
construction project covered under this policy.
4. The limits shown in the Declarations for Each Occurrence, Fire Damage and
Medical Expense continue to apply. However, instead of being subject to the
General Aggregate Limit shown in the Declarations, such limits will be subject to
the applicable Per Construction Project General Aggregate Limit.
B. For all sums which the insured becomes legally obligated to pay as damages caused by
"occurrences" under COVERAGE A (SECTION 1), offenses under COVERAGE B
(SECTION 1) and for all medical expenses caused by accidents under COVERAGE C
(SECTION 1), which cannot be attributed only to ongoing operations at a single
construction project:
1. Any payments made under COVERAGE A or B for damages or under COVERAGE
C for medical expenses shall reduce the amount available under the General
Aggregate Limit or the Products-Completed Operations Aggregate Limit,
whichever is applicable; and
2. Such payments shall not reduce any Construction Project General Aggregate
q
Limit.
v)
C. When coverage for liability arising out of the "products-completed operations hazard" is fi
provided, any payments for damages because of "bodily injury" or "property damage"
included in the "products-completed operations hazard" will reduce the Products-
Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor
the Construction Project General Aggregate Limit.
D. If the apphoable construction project has been abandoned, delayed, or abandoned and
then restarted, or if the authorized contracting parties deviate from plans, blueprints,
designs, specifications or timetables, the project will still be deemed to be the same
construction project
E. The provisions of Limits of Insurance (SECTION 111) not otherwise modified by this
endorsement shall continue to apply as stipulated.
100983(2109) Page 7 of 7
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REQUEST FOR MAYOR'S SIGNATURE
• Please Fill In All Applicable Boxes
\11WASHINGTON KENT This form must be primed on cherry paper
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
t
Originator Mark Madfai Phone (Originator) 5521
d
Date Sent* IIA—e//I Date Required /o/5/I1
Return Signed Document to Nancy Yoshltake CONTRACT TERMINATION DATE: 12/31/12 i
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VENDOR NAME: Tetra Tech, Inc DATE OF COUNCIL APPROVAL: 11/15/11
Brief Explanation of Document-
The attached Amendment No 1 to the Russell Road Levee agreement Is necessary so Tetra Tech can provide
additional peer review support of the levee certification package for the project For an explanation, see the attached
from Mark Howlett
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department)
Received.
Approval of Law Dept.: ; NOV 2 9 2011 Law Dept. Comments: KEN-ii- LAW flk6
_ c�rclu� ,
Date Forwarded to Mayor {t /
Shaded Areas to Be Completed by Administration Staff_
Received:
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Recommendations & Comments: 1'4J
Disposition: ✓f � �� J �1
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Date Returned:
lage5870_templatebase • 2/07