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HomeMy WebLinkAboutPW09-259 - Amendment - #3 - Landau Associates - 72nd AVe Extension Project Geotechnical, Enviornmental & Natural Resource Services - 01/02/2013 Cm 4e � 4^411�� Records Management,}, KENT Document W ASHiNG'OH w � 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: Landau Associates, Inc. Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: 72nd Avenue S. Extension Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment [IContract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend_ the time of completion to December 31, 2013 because the project was deli due to funding. The City has obtained additional funding from the Washington State Transportation Improvement Board which will allow the project to proceed in 2013_ S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 K E N T JJPSHINGTG AMENDMENT NO, 3 NAME OF CONSULTANT OR VENDOR: Landau Associates CONTRACT NAME & PROJECT NUMBER: 72"d Avenue S. Extension ORIGINAL AGREEMENT DATE: September 18, 2009 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: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2013 because the project was delayed due to funding. 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, $85,600.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $85,600.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $85,600.00 AMENDMENT - 1 OF 2 ! r Original Time for Completion 12/31/10 (insert date) Revised Time for Completion under 12/31/12 prior Amendments (insert date) Add'I Days Required (t) for this 365 calendar days Amendment Revised Time for Completion 12/31/13 (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: ,it C By: (signatur (signature) Print Name: bAVLO plsc4oe Pri t Na e Suzette Cooke Its F9IV-%cu P14i.- It Ma or (bti ) (t1b DATE: eceZez /7 , 2of2 DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) � 1 /V1rll/'�"� K t Law Department Landau Associates-72ntl AM 3/Langholz AMENDMENT - 2 OF 2 LAN38241 A�1'® CERTIFICATE OF LIABILITY INSURANCE DATE(0201YYYY) 7/2/2012 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 'RESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER jRTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ME Commercial Lines-(206)892-9200 n�� ONE ac No Fit N Wells Fargo Insurance Services USA,Inc -C ADDRESS 601 Union Street,Suite 1300 INSURERS)AFFORDING COVERAGE NAIC# Seattle,WA 98101-1371 NAI INSURERA Phoenix Insurance Company 25623 INSURED iiii��sswww.�.... RER B Travelers Indemnity Company 25658 Landau Associates, Inc ���� l�y� �� I URERC Mr Dennis Hobbs �,�/!! 130 2nd Avenue S ENGINEERING D RERD INSURER E Edmonds,WA 98020-9129 INSURER F COVERAGES CERTIFICATE NUMBER: 4582491 REVISION NUMBER See below 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 INSR AO DL SUBR POLICY EFF TPOLICY EXP LTR TYPE OF INSURANCE INSR POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS A GENERAL LIABILITY 6802587L716 07/01/12 07/01/13 EACH OCCURRENCE $ 1,000 000 X DAMAGE TO RENTED 1,000 000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE n OCCUR MED EXP(Any one person) $ 10,000 X WA Stop Gap PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS_COMPIOP AGG $ 2,000000 X POLICY nPRO LOC Employers Liability $ 1M I$1M 9TOMOBILE LIABILITY BA2590L352 07/01/12 07/01/13 COMBINED SINGLE LIMIT 1,000000 B [Ea accident BODILY INJURY 1Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ x HIREDAUTOS x AUTOS Per accident __ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WCRY STATU- OTH- AND EMPLOYERS'LIABILITY LIMIT ANY PROPRIETOR/PARTNER,EXECUTIVE YIN EL EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED ❑INIA - (Mandatory in NH) E L DISEASE-EA EMPLOYE $ If yes,describe under E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Kent is an additional Insured for work performed by Landau Associates under the agreement for engineering consultant services on the 72nd Ave South Extension Project CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn Nancy Yoshitake THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS .^ 'est Gowe K� ., WA 98032 AUTHORIZED REPRESENTATIVE 002119 The ACORD name and logo are registered marks of ACORD ©1988-2010 ACORD CORPORATION All rights reserved. ACORD 25(2010105) III II III II II I I III II II II II II 1 II III'111111111111111111111111 III •CY80J802M0a2%102112/0I0A/e' COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. — T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and Is not covered. A. Broadened Named Insured N. Additional Insured — Architect, Engineer Or B. Incidental Medical Malpractice Surveyor C. Reasonable Force — Bodily Injury Or Property 0. Who Is An Insured — Newly Acquired Or Formed Damage Organizations D. Non-Owned Watercraft— Increased To Up To 75 P. Who is An Insured — Unnamed Partnership Or feet Joint Venture—Excess E. Aircraft Chartered With Crew Q. Per Project General Aggregate Limit F. Extension Of Coverage — Damage To Premises R. Knowledge And Notice Of Occurrence Or Rented To You Offense G. Malicious Prosecution — Exception To Knowing S. Unintentional Omission Violation Of Rights Of Another Exclusion T. Waiver Of Transfer Of Rights Of Recovery H. Medical Payments Limit Against Others To Us When Required By Con- tract Or Agreement I. Increased Supplementary Payments U. Amended Bodily injury Definition J. Additional Insured — Owner, Manager Or Lessor Of Premises V. Amended Insured Contract Definition — Railroad Easement K. Additional Insured—Lessor Of Leased Equipment W. Amended Property Damage Definition--Tangible L. Additional insured •— State Or Political Subdivi- Property sions—Permits Relating To Premises X. Additional Definition — Contract or Agreement M. Additional Insured — State Or Political Subdivi- Requiring Insurance sions—Permits Relating To Operations PROVISIONS coverage for any such additional organization A. BROADENED NAMED INSURED will cease as of the date, if any, during the policy period, that you no longer are the sole 1. The Named Insured in Item 1. of the Corn- owner of, or maintain the majority ownership mon Policy Declarations is amended as fol- interest in, such organization. lows: 2. This Provision A. does not apply to any per- The person or organization named in Item 1. son or organization for which coverage Is ex- of the Common Policy Declarations and any cluded by another endorsement to this Cov- organization, other than a partnership, joint erage Part. venture, limited liability company or trust, of B. INCIDENTAL MEDICAL MALPRACTICE which you are the sole owner or in which you maintain the majority ownership interest on 1. The following is added to Paragraph 1. Insur- the effective date of the policy However, ing Agreement of COVERAGE A BODILY i CG D3 79 09 07 ©2DD7 The Travelers Companies,Inc Page 1 of 8 00272D 1111111IIIIIIIII111II1111II1111111111111II111111II1IIII111111111 •CYB048021000256/031121000/0• i' COMMERCIAL GENERAL LIABIU CY INJURY AND PROPERTY DAMAGE Lt- C. REASONABLE FORCE — BODILY INJURY OR ABILITY in COVERAGES (Section 1): PROPERTY DAMAGE "Bodily injury" arising out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render, "first aid" or "Good Sa- Paragraph 2. Exclusions of COVERAGE A maritan services" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE co-"employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section 1) is de- deemed to be caused by an "occurrence". leted and replaced by the following: For the purposes of determining the applica- Expected Or Intended Injury Or Damage ble limits of insurance, any act or omission or together with all related acts or omissions in "Bodily injury" or "property damage" expected the furnishing of the services to any one per- son will be deemed one 'occurrence intended from the standpoint of the Insured.This s "occurrence". exclusion does not apply to "bodily injury" or 2. As used in this Provision B.: "property damage" resulting from the use of rea- sonable force to protect any person or property. a. "First aid" means medical or nursing ser- D. NON-OWNED WATERCRAFT — INCREASED vice, treatment, advice or instruction;the TO UP TO 75 FEET related furnishing of food or beverages; the furnishing or dispensing of drugs or 1. The exception contained in Subparagraph medical supplies or appliances; of the Aircraft, Auto Or Watercraft Exclu- lu- sion in 2. Exclusions of COVERAGE A b. "Good Samaritan services" means those BODILY INJURY AND PROPERTY DAM- medical services rendered or provided in AGE LIABILITY In COVERAGES (Section 1) an emergency and for which no remu- is deleted and replaced by the following, neration is demanded or received. (2) A watercraft you do not own that is: 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section 11) does not apply to any of (a) Less than 75 feet long; and your "employees", who are not employed as (b) Not being used to carry persons or a doctor or nurse by you, but only while per- property for a charge; forming the services described in Paragraph 2. Only as respects the insurance provided by 1.above and while acting within the scope of this Provision D., WHO IS AN INSURED their employment by you, Any such "employ- (Section 11) is amended to include as an in- -� ees" rendering "Good Samaritan services" sured any person who, with your expressed _ will be deemed to be acting within the scope or implied consent, either uses or is respon- of their employment by you, sible for the use of the watercraft. o 4. The following exclusion is added to Para- 3. The insurance provided by this Provision D. graph 2. Exclusions of COVERAGE A BOD- shall be excess over any valid and collectible o ILY INJURY AND PROPERTY DAMAGE other Insurance available to the insured, NW LIABILITY in COVERAGES (Section 1): whether primary, excess, contingent or on Sale of Pharmaceuticals any other basis, except for insurance pur- ~~ "Bodiily injury" or"property damage" aris- chased specifically by you to apply in excess trig out of the willful violation of a penal of the Limits of Insurance shown in the Decla- statute or ordinance relating to the sale of rations for this Coverage Part. pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED WITH CREW — knowledge or consent of the insured. 1. The following is added to the exceptions con- a= S. The insurance provided by this Provision B. tained in the Aircraft, Auto Or Watercraft shall be excess over any valid and collectible Exclusion in Paragraph 2. Exclusions of other insurance available to the Insured, COVERAGE A BODILY INJURY AND w✓ whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY in COW ..=w any other basis, except for insurance pur- ERAGES (Section 1): chased specifically by you to apply in excess Aircraft chartered with crew, including a pilot, of the Limns of Insurance shown in the Decla- to any insured. rations for this Coverage Part. Page 2 of 8 ®2OD7 The Travelers Companies,Inc. CG D3 79 09 87 oo4eas 002721 I II III III IIIIIII IIII III I IIIII II I IIII) IIII IIIII II II IIIII I III' III (III I I II III ._..__._..._..____...__..__ 't COMMERCIAL GENERAL LIABILITY 2. This Provision E. does not apply if the char- any one premises while rented to you, or tered aircraft is owned by any insured• temporarily occupied by you with permission i 3. The insurance provided by this Provision E. of the owner, caused by, fire, explosion; light- shall be excess over any valid and collectible ning; smoke resulting from such fire, explo- other insurance available to the insured, sion, or lightning; or water. The Damage To whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other basis, except for insurance pur- all "property damage" proximately caused by chased specifically by you to apply in excess the same "occurrence", whether such dam- of the Limits of Insurance shown in the Decla- age results from. fire; explosion, lightning; rations for this Coverage Part, smoke resulting from such fire, explosion, or F. EXTENSION OF COVERAGE — DAMAGE TO lightning; or water; or any combination of any of these causes. PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A BOD- The Damage To Premises Rented To You p g p Limit will be the higher of: ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1) is a. $1,OOD,OOt3;or deleted and replaced by the following: b. The amount shown for the Damage To Exclusions c.through n. do not apply to dam- Premises Rented To You Limit In the age to premises while rented to you, or tem- Declarations for this Coverage Part. porarily occupied by you with permission of A. Paragraph a. of the definition of"Insured con- the owner,caused by tract" in DEFINITIONS (Section V) is deleted a. Fire; and replaced by the following: b. Explosion; a. A contract for a lease of premises. How- ever, that portion of the contract for a c. Lightning; lease of premises that Indemnifies any d. Smoke resulting from such fire, explo- person or organization for damage to Sion, or Ilgt tning; or premises %Nhile recited to you, or tempo- ( ' e. Water. racily occupied by you with permission of the owner, caused by: fire, explosion; A separate limit of insurance applies to this lightning; smoke resulting from such fire, coverage as described in LIMITS OF IN- explosion, or lightning; or water is not an SURANCE(Section 111). "insured contract"; 2. The insurance under this Provision F. does S. This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you with COVERAGE A BODILY INJURY AND permission of the owner, caused by: PROPERTY DAMAGE LIABILITY in COV- a. Rupture, bursting, or operation of pres- ERAGES (Section 1) is excluded by another sure relief devices; endorsement to this Coverage Part. b. Rupture or bursting due to expansion or G. MALICIOUS PROSECUTION—EXCEPTION TO swelling of the contents of any building or KNOWING VIOLATION OF RIGHTS OF AN- structure, caused by or resulting from wa- OTHER EXCLUSION ter;or The following is added to the Knowing Violation c. Explosion of steam boilers, steam pipes, Of Rights Of Another Exclusion in 2. Exclu- steam engines, or steam turbines. sions of COVERAGE B PERSONAL INJURY, 3. Paragraph 6, of LIMITS OF INSURANCE ADVERTISING INJURY AND WEB SITE IN- (Section 111) is deleted and replaced by the JURY LIABILITY of the WEB XTEND LIABILITY following: Endorsement: Subject to 6. above, the Damage To Prem- This exclusion does not apply to "personal injury" ises Rented To You Limit is the most we will caused by malicious prosecution. pay under Coverage A for the sum of all damages because of "property damage" to CG D3 79 09 07 ®2007 The Travelers Companies,Inc. Page 3 of 8 002722 11111111 III IIIIII III 11111 III111I Ild 1111111111111111111111111111 II II II II II II III V.f&N502, COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LIMIT (2) Any structural alterations, new con- The Medical Expense Limit shown in the Declara- struction or demolition operations tions for this Coverage Part is increased to performed by or on behalf of such $10,000. additional insured; or 1. INCREASED SUPPLEMENTARY PAYMENTS (3) Any premises for which coverage is excluded by another endorsement to Paragraphs 1.b. and 1.d. of SUPPLEMENTARY this Coverage Part, PAYMENTS — COVERAGES A AND B in COV- 3, This Provision J. does not apply on any ERAGES (Section 1) are amended as follows: basis to any person or organization for 1. In Paragraph 1.b., the amount we will pay for which coverage as an additional insured the cost of bail bonds Is increased to $2500• specifically is added by another en- 2. In Paragraph 1.d., the amount we will pay for dorsement to this Coverage Part. loss of earnings Is increased to$500 a day K. ADDITIONAL INSURED — LESSOR OF J. ADDITIONAL INSURED — OWNER, MANAGER LEASED EQUIPMENT OR LESSOR OF PREMISES 1, WHO IS AN INSURED (Section 11) is 1. WHO IS AN INSURED (Section 11) is amended to include as an Insured- amended to include as an insured, Any person or organization that you have Any person or organization that you have agreed in a contract or agreement to Include agreed In a contract or agreement to include as an additional insured on this Coverage as an additional insured on this Coverage Part, but: Pall, but: a. Only with respect to liability for"bodily in- a. Only with respect to liability for"bodily In- jury"or"property damage"that occurs, or jury" or"property damage"that occurs, or "personal injury" caused by an offense "personal Injury" caused by an offense committed, after you have entered into committed, after you have entered Into that contract or agreement, and that contract or agreement; and b. Only if the "bodily injury", "property dam- b. Only if the "bodily injury", "property dart- age" or "personal Injury" is caused, in age" or "personal injury" Is caused, in whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, in the forming operations on your behalf, and maintenance, operation or use of equip- arises out of the ownership, maintenance ment leased to you by such additional In- or use of that part of any premises leased sured, d= to you under that contract or agreement. 2. The insurance provided to such additional 2. The Insurance provided to such additional insured under this Provision K. is subject to insured under this Provision J. is subject to the following provisions: =_ the following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide In the con- which you agreed to provide in the con- tract or agreement, or the limits shown in tract or agreement, or the limits shown in the Declarations for this Coverage Part, �= the Declarations for this Coverage Part, whichever are less; and a. whichever are less, and b. The insurance afforded to such additional b. The insurance afforded to such additional insured does not apply: _ insured does not apply to: (1) To any "bodily injury" or "property " (1) Any "bodily injury" or"property dam- damage" that occurs, or"personal in- age" that occurs, or "personal Injury" jury" caused by an offense commit- caused by an offense committed, af- ted, after the equipment lease ex- ter you cease to be a tenant in that pires;or premises; Page 4 of 8 0 2007 The Travelers Companies,Inc CO D3 79 49 07 004024 oov]s II II II I III )II �IIIIIII IIIIII�II�IIIIIIIIIIIIIIIIII�II►IIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� rv"necrawnt"xn„omm.m• r COMMERCIAL GENERAL LIABILITY (2) If the equipment is leased with an N. ADDITIONAL INSURED — ARCHITECT, ENGI- operator. NEER OR SURVEYOR 3. This Provision K.does not apply on any basis 1. The following is added to Paragraph 2. of to any person or organization for which cov- WHO IS AN INSURED(Section 11)to include erage as an additional insured specifically is as an insured. added by another endorsement to this Cov- Any architect, engineer or surveyor engaged erage Part. by or for you that you agree in a "contract or L. ADDITIONAL INSURED — STATE OR POLITI- agreement requiring insurance" to include as CAL SUBDIVISIONS — PERMITS RELATING an additional insured on this Coverage Part, TO PREMISES but only with respect to liability for"bodily in- The following is added to Paragraph 2. of WHO jury", "property damage" or "personal injury'. IS AN INSURED (Section 11) to include as an that is caused, in whole or in part, by acts or insured: omissions of you or any person or organiza- tion acting on your behalf in connection with Any state or political subdivision that has issued a your premises or"your work" permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only 2. This Provision N. does not apply on any basis with respect to "bodily injury", "property damage", to any person or organization for which cov- "personal injury" or"advertising injury" arising out erage as an additional insured specifically is of the existence, ownership, use, maintenance, added by another endorsement to this Cov- repair, construction, erection or removal of adver- erage Part. Using signs, awnings, canopies, cellar entrances, O. WHO IS AN INSURED—NEWLY ACQUIRED coal holes,driveways, manholes,marquees, hoist OR FORMED ORGANIZATIONS away openings, sidewalk vaults, elevators, street 1. Paragraph A.a. of WHO IS AN INSURED banners or decorations for which that state or (Section 11) is deleted and replaced by the political subdivision has issued such permit, following: M. ADDITIONAL INSURED — STATE OR POLITI- a. Coverage under this provision is afforded CAL SUBDIVISIONS — PERMITS RELATING only until the I80th day after you acquire TO OPERATIONS or form the organization or the end of the The following is added to Paragraph 2. of WHO policy period, whichever is earlier. Any IS AN INSURED (Section II) to include as an such newly acquired or formed organiza- insured: tion that you report in writing to us within Any state or political subdivision that has issued a 180 days after you acquire or form the permit, but only with respect to "bodily Injury", organization will be covered under this "property damage", "personal injury" or"advertis- provision until the end of the policy pe- ing injury" arising out of operations performed by riod, even if there are more than 180 you or on your behalf for which that state or po- days remaining until the end of the policy litical subdivision has issued such permit. How- period; ever, no such state or political subdivision is an 2. This Provision O. does not apply to any or- insured for: ganization for which coverage is excluded by 1. "Bodily injury", "property damage", "personal another endorsement to this Coverage Part. injury" or "advertising injury" arising out of P. WHO IS AN INSURED—UNNAMED PART- operations performed for that state or political NERSHIP OR JOINT VENTURE—EXCESS subdivision, or 1. The last paragraph of WHO IS AN INSURED 2. "Bodily injury" or"property damage" included (Section 11) is deleted and replaced by the within the "products — completed operations following: hazard". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured in the Common Policy Declarations. CG D3 79 09 07 0 2007 The Tfavelers Companies,Inc. Page 5 of 8 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1cva0480DX025610711v00om' i 1 COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to Any payments made under Coverage A for your liability with respect to your conduct of damages and under Coverage G for medical the business of any current or past partner- expenses shall reduce the Per Project Gen- ship or joint venture. eras Aggregate Limit for that "project", but a. That is not shown as a Named Insured in shall not reduce: the Common Policy Declarations,and a. Any other Per Project General Aggregate b. in which you are a member or partner Limit for any other"project"; where each and every one of your co- b. The General Aggregate Limit;or ventures in that joint venture Is an archl- c. The Products-Completed Operations Ag- tectural, engineering, or surveying firm. gregate Limit. 2. This Provision P. does not apply to any per- The limits shown in the Declarations for this son or organization for which coverage Is ex- Coverage Part for Each Occurrence, Dam- cluded by another endorsement to this Cov- age To Premises Rented To You and Medical erage Part. Expense are also subject to the Per Project 3. The insurance provided by this Provision P. General Aggregate Limit when the Per Pro- shall be excess over any valid and collectible ject General Aggregate Limit applies. other insurance, whether primary, excess, 3. As used in the Provision Q.: contingent or on any other basis, which is available covering your liability with respect "Project" means area away from premises to your conduct of the business of any current owned or rented to you at which you are or past partnership or joint venture that is not performing operations pursuant to a contract shown as a Named Insured in the Common or agreement. For the purposes of determin- Policy Declarations and which is Issued to ing the applicable aggregate limit m such partnership or joint venture. arcs, each "project" that includes premises mises involving the same or connecting lots, or Q. PER PROJECT GENERAL AGGREGATE LIMIT premises whose connection is interrupted 1. Paragraph 2. of LIMITS OF INSURANCE only by a street, roadway, waterway or right-(Section 111) is deleted and replaced by the of-way of a railroad shall be considered a sin- following: gle"project". The General Aggregate Limit is the most we R. KNOWLEDGE AND NOTICE OF OCCUR- will pay for the sum of: RENCE OR OFFENSE a. Damages under Coverage B;and The following is added to Paragraph 2. Duties in o b. Damages from "occurrences"under Cov- The Event of Occurrence, Offense, Claim Or — stage A and for all medical expenses Suit of COMMERCIAL GENERAL LIABILITY `= CONDITIONS(Section IV): caused by accidents under Coverage C N which cannot be attributed only to opera- Notice of an "occurrence" or of an offense which tions at a single "project", may result in a claim must be given as soon as 2. The following is added to LIMITS OF !N- practicable after knowledge of the "occurrence" SURANCE (Section III): or offense has been reported to you, one of your it officers" (if you are a corporation), one „ A separate Per Project General Aggregate of your partners who is an individual (if you are a Limit applies to each "project" for all sums partnership), one of your managers (if you are a which the insured becomes legally obligated limited liability company), one of your trustees o to pay as damages caused by "occurrences" who is an individual (if you are a trust), or an _= under Coverage A and for all medical ex- "employee" (such as an insurance, loss contras or penses caused by accidents under Coverage risk manager or administrator) designated by you C which can be attributed only to operations to give such notice. at a single "project", and that limit is equal to the amount of the General Aggregate Limit Knowledge by any other"employee"of an"occur- shown in the Declarations for this Coverage rence" or offense does not imply that you also Part have such knowledge. Page 6 of 8 ®2007 The Travelers Campsrdes,Inc CG D3 79 09 07 00492$ oonzs I IIIIII I IIIII IIII II I IIIIII II I IIIII III I II i II II III I I III I II IIII IIII III IIII rvwunroxvvny,mw,�mmrnm M1 1 COMMERCIAL GENERAL LIABILITY r Notice of an "occurrence" or of an offense which 4. "Your producW. may result in a claim will be deemed to be given We waive these rights only where you have as soon as practicable to us if it is given in good agreed to do so as part of a contract or agree- faith as soon as practicable to your workers'com- ment entered into by you before, and In effect pensation, accident, or health insurer, This ap- when, the "bodily injury" or "property damage" plies only if you subsequently give notice of the occurs, or the "personal injury" offense or"adver- "occurrence" or offense to us as soon as practi- tising injury"offense is committed. cable after you, one of your "executive officers" (if you are a corporation), one of your partners U. AMENDED BODILY INJURY DEFINITION who is an individual (i€ you are a partnership), The definition of "bodily injury" in DEFINITIONS one of your managers(if you are a limited liability (Section V)is deleted and replaced by the follow- company), one of your trustees who is an individ- ling: ual (if you are a trust), or an "employee" (such as Bodily injury"means: an insurance, loss control or risk manager or ad- ministrator)designated by you to give such notice a. Physical harm, including sickness or disease, discovers that the "occurrence" or offense may sustained by a person; Involve this policy. b. Mental anguish, injury or illness, or emotional S. UNINTENTIONAL OMISSION distress, resulting at any time from such 1. The following is added to Paragraph S. Rep- physical harm, sickness or disease; or resentations of COMMERCIAL GENERAL c. Care, loss of services or death resulting at LIABILITY CONDITIONS (Section IV): any time from such physical harm, sickness or disease The unintentional omission of, or uninten tional error in, any information provided by V. AMENDED INSURED CONTRACT DEFINITION you which we relied upon in issuing this pol- icy shall not prejudice your rights under this 1. Subparagraph c. of the definition of"insured insurance. contract" in DEFINITIONS (Section V) is de- i 2. This Provision S. does not affect our right to leted and replaced by the following: collect additional premium or to exercise our c, Any easement or license agreement; right of cancellation or nonrenewal in accor- 2. Subparagraph f.(1) of the definition of "in- dance with applicable insurance laws or regu- sured contract" in DEFINITIONS (Section V) lations. is deleted. T. WAIVER OF TRANSFER OF RIGHTS OF W. AMENDED PROPERTY DAMAGE DEFINITION RECOVERY AGAINST OTHERS TO US WHEN ."TANGIBLE PROPERTY REQUIRED BY CONTRACT OR AGREEMENT The definition of "property damage" in DEFINI- The following is added to Paragraph 8. Transfer TIONS (Section V) is deleted and replaced by of Rights of Recovery Against Others to Us of the following: COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): "Property damage"means: We waive any rights of recovery we may have a. Physical injury to tangible property, including against any person or organization because of all resulting loss of use of that property. All such loss of use payments we make for "bodily injury", "property the time of the shall be deemed that caused it;damage", "personal injury" or "advertising injury" arising out of: or 1. Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not pied by you with permission of the owner, or physically injured. All such loss of use shall leased or rented to you, be deemed to occur at the time of the"occur- rence"that caused it. 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement For the purposes of this insurance, tangible prop- with that person or organization; erty does not include data. / 3. "Yourwork"; or ` CG D3 79 09 07 ®2007 The Travelers Companies,inc. Page 7 of 8 002796 111111111111111 III III1 III $11111111111111111111111111111111111111111111111 TYBWB0Z'00025610W ya","ro. COMMERCIAL GENERAL LIABILITY X. The following definition is added to SECTION V— and "property damage" occurs, and the"personal DEFINITIONS. injury"is caused by an offense committed "Contract or agreement requiring insurance" a. After you have entered into that contract or means that part of any contract or agreement agreement; under which you are required to include a person b. While that part of the contract or agreement or organization as an additional insured on this is in effect; and Coverage Part, provided that the "bodily injury" c. Before the end of the policy period. m— d o o� o n- o o Page 8 of 8 0 2oe7 The Travelers companies,Ina CG D3 79 09 07 0"92e ...727 IIIIIII I IIIIII II IIIII I IIII IIIIII I I I I II it II IIIIII IIIII IIIII IIIII IIIII II IIIII -CYB06B0 210 0 0 2 0 6/1 0/1 2/O00ffi- r, �MMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED(Section 11)is amended to However, if you specifically agree in a "contract or include any person or organization that you agree agreement requiring insurance"that the insurance in a "contract or agreement requiring insurance" provided to an additional insured under this Cov- to include as an additional Insured on this Cover- erage Part must apply on a primary basis, or a age Part, but primary and non-contributory basis,this insurance a. Only with respect to liability for"bodily injury", is primary to other insurance that is available to "property damage"or"personal injury";and such additional insured which covers such addi- tional insured as a named insured, and we will not b. if the injury or damage arises out of the per- share with the other insurance, provided that formance, by you or your subcontractor, of "your work' to which the "contract or agree- (1) The "bodily injury" or 'property damage" for ment requiring insurance" applies Such per- which coverage is sought occurs, and son or organization does not qualify as an (2) The 'personal injury" for which coverage is additional insured with respect to their inde- sought arises out of an offense committed, pendent acts or for "bodily injury", 'property after you have entered into that "contract or damage" or "personal injury" for which that agreement requiring insurance" But this insur- person or organization has assumed liability ante still is excess over valid and collectible other in a contract or agreement insurance, whether primary, excess, contingent or 2. The insurance provided to the additional insured on any other basis, that is available to the insured by this endorsement is limited as follows when the insured is an additional insured under a. This insurance does not apply on any basis to any other insurance any person or organization for which cover- 4. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part DITIONS(Section IV) b. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any 'professional against any person or organization because of services". payments we make for "bodily injury", 'property c. The limits of insurance afforded to the addi- damage" or 'personal injury" arising out of "your tional insured shall be the limits which you work' performed by you, or on your behalf, under agreed to provide in that "contract or agree- a "contract or agreement requiring insurance" with ment requiring insurance", or the limits shown that person or organization We waive these in the Declarations for this Coverage Part, rights only where you have agreed to do so as whichever are less This endorsement does part of the "contract or agreement requiring insur- not increase the limits of insurance stated in ante" with such person or organization entered the LIMITS OF INSURANCE (Section 111)for into by you before, and in effect when, the "bodily this Coverage Part injury" or "property damage" occurs, or the "per- 3 The following Is added to Paragraph a. of 4. sonal injury"offense is committed Other Insurance in COMMERCIAL GENERAL 6. As respects the insurance provided to the addi- LIABILITY CONDITIONS(Section IV) tional insured by this endorsement, the following definition is added to DEFINITIONS (Section V)- CG D3 81 09 06 d 2006,The St Paul Travelers Insurance Companies,Inc Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc,vnth Its permission ooeatt Dona I III II II II IIII IIIIIII IIIIII IIIII IIIIIII IIIIIIIIIIIIIII III IIII 'CY804B02i0002W11A2J010V010* COMMERCIAL GENERAL LIA6„_1TY "contract or agreement requiring insurance" a. After you have entered into that contract or means that part of any contract or agreement un- agreement, der which you are required to Include a person or b. While that part of the contract or agreement is organization as an additional insured on this Cov- in effect,and erage Part, provided that the "bodily injury" and c. Before the end of the policy period "property damage" occurs, and the "personal in- jury"is caused by an offense commrtted� All other terms of your policy remain the same Page 2 of 2 02DD6,The St Paul Travelers Insurance Companies,inc: CG D3 81 09 06 Includes copyrighted material of Insurance Services Office,Inc,w th its permission. aim IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII •cra04MZ10002ss12J121W/0K)- REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes / �/ (,t�iewed y Director b Originator's Name: Ken Lan holz Dept/Div En ineerin /Dens Extension: 5516 Date Sent: Date Required: /a si R Return to: Nanc Yoshitake CONTRACT TERMINATION DATE: 12/31/13 VENDOR: Landau Associates, Inc. DATE OF COUNCIL APPROVAL: N/A ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 3 is necessary to extend the time of completion to December 31, 2013 for the 72nd Avenue S. Extension Project. The project was delayed due to funding, however the City has obtained additional funding from the Washington State Transportation Improvement Board which will allow the project to proceed in 2013. RECEIVED DEC 2 ,� City of Kent Office of the Mayor All Contracts Must Be Routed Through The Law Department is area to be completed by the Law Department) Received: DEC 2 S 2012 Approval of La EN :LAW DEPT �� r Law Dept. Comments: Date nVts: 1 Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: JAN 2 202 Disposition: /�� � ,' `��l/ % d4rA—, CByOFKENT CITY CLERK Date Returned: