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HomeMy WebLinkAboutPW10-269 - Amendment - #2 - Tetra Tech, Inc - Hawley Road Levee Improvements Project - Peer Review Services .�f3i:,p. Records Mana 'gernent- KENT n WASH NGTON Document 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: -PW�ir,�- �q This is assigned by City Clerk's Office Project Name: Hawley Road Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: 02 / 3 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: Kelly Casteel Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2013 because additional work may_still be required to help address and to review responses on the CLOMR report and provide some analysis and input on-the new flood study released by the Corps. S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WA5H$NGTCN AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Tetra Tech, Inc. CONTRACT NAME & PROJECT NUMBER: Hawley Road Levee ORIGINAL AGREEMENT DATE: December 6, 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: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2013 because additional work may still be required to help address and to review responses on the CLOMR report and provide some analysis and input on the new flood study released by the Corps. 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, $17,609.00 including applicable WSST Net Change by Previous Amendments $6,315.00 including applicable WSST Current Contract Amount $23,924.00 Including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $23,924.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/15/11 (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: �ctTY� By: na''twwre) f (signature) Print Name: t7n St�X lan Pri Na uzette Cooke Its h3- Q-7 Its Ma or §tie) title) DATE: �`C� — s'cf�n DATE: APPR VED AS TO FORM: (appllca e if Mayor's lgnature r quired) Kent Law Department Tetra Tech-Hawley RC Am0 2/Casteel AMENDMENT - 2 OF 2 A CERTIFICATE OF LIABILITY INSURANCE °"T0�"612012 "' 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. < IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed If SUBROGATION IS WAIVED,subject to 0 the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the C certificate holder In lieu of such endorsement(s) c PRODUCER CONTACT Aon Risk Insurance services west, Inc NAME PHONE FAX LOS Angeles CA Office (A/C No Eag (866) 263-7122 ( No) (647) 953-5390 707 Wilshire Boulevard E-MAIL p Suite 2600 ADDRESS = Los Angeles CA 90017-0460 USA INSURER(S)AFFOROING COVERAGE NAICtl INSURED INSURERA National Union Fire Ins CO of Pittsburgh 19445 Tetra Tech, Inc. INSURER Insurance Company of the State Of PA 19429 17885 Von Karman, suite 500 Irvine CA 92614-6213 USA INSURER INSURER D INSURER E. INSURER F COVERAGES CERTIFICATE NUMBER 570047597289 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 POLICY EXP INSR R TYPE OF INSURANCE INS WVD POLICY NUMBER MM/p MMIO LIMITS A GENERAL LIABILITY GL 1 10 01/2013EACH OCCURRENCE $2,000,000 CIOMMERCIAL GENERAL LIABILITY MA ORENTED $1,000,000 PREMISES Ea occunence CLAIMS-MADE X❑OCCUR MED EXP(Any one person) $10,000 X X.C,U Coverage PERSONAL B ADV INJURY $2,000,000 OwX GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE UMIT APPLIES PER PRODUCTS COMPIOPAGG $4,000,000 POLICY X PRO X LOC o n A AUTOMOBILE LIABILITY GA 510 15 54 1 1 1 1 Ol 2013 COMBINED SINGLE LIMB rd $1,000,000 Ea accfde IX ANY AUTO BODILY INJURY(Per person) O ALL OWNED SCHEDULED 8001LY INJURY(Per acradent) Z m AUTOS AUTOS HIREDAUTOS X NON-OWNED PROPERTYDAMAGE U AUTOS Per acodanl tz ql UMBRELLA LIAB OCCUR EACH OCCURRENCE 0 EXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION A WORKERS COMPENSATION AND WC358 545 10 O1 2012 10 1 2013 TWO STATU- OTH- B EMPLOYERS YIN WC35896542 10/01/201210/01/2013 X TORV LIMITS ER ANY PROPRIETOR I PARTNER I EXECUTIVE EL EACH ACCIDENT $1,000,000 B OFFICER(MEMBER EXCLUDED? E NIA WC35896543 10/01/2012 10/01/2013 (mandatory In NH) E L DISEASE-EA EMPLOYEE $1,000,000 e under [ESCRIP Ode�bN OF OPERATIONS bebw EL DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,N more apace Is required) Pro]ect start Date 11/24/2010, Project End Date 11/24/2011, Project Name Hawley Road Improvements Project. City of Kent - is included as Additional Insured with respect to General Liability and Auto Liability policies where required by written WOL; contract The insurance provided shall be primary and any other insurance maintained by the Additional insured is excess and 11 F Non-Contributory Severability Of Interest is included under the General Liability policy where required by written contract "`A Stop Gap Coverage for the following states OH, WA, WY see attached Endorsement 100983 (2/09) 19" CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE f POLICY PROVISIONS City of Kent AUTHORIZED REPRESENTATIVE _ Attn- Timothy J Laporte Fourth Avenue south Ken eJ9cm � � Kent WA 98032 USA ©1988-2010 ACORD CORPORATION All rights reserved. ACORD 25(201WOS) The ACORD name and logo are registered marks of ACORD 7 D. LESSOR OF LEASED EQUIPMENT 1. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of such equipment]eased to you by such persons)or organization(s). 2. With respect to the insurance afforded to these additional insureds under Paragraph 1.D.1, this insurance does not apply to any "occurrence" which takes place: a) after the equipment lease expires,or b) after the equipment is returned or no longer in your possession, whichever takes place later. E. MANAGERS OR LESSORS OF PREMISES Managers or Lessors of premises but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance under this paragraph does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of such Managers or Lessors. F. MORTGAGEE,ASSIGNEE,OR RECEIVER 1. A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. 2. The insurance afforded to the additional insureds under Paragraph 1.F.1 does not apply to structural alterations, new construction or demolition operations performed by or for that mortgagee,assignee, or receiver. G. OWNERS, LESSEES. OR CONTRACTORS-COMPLETED OPERATIONS (1) Any Owner, Lessee or Contractor, but only with respect to liability arising out of "Your work" performed for that additional insured and included in the "products- completed operations hazard". H. OWNERS, LESSEES,OR CONTRACTORS- ONGOING OPERATIONS Any Owners, Lessees, or Contractors, but only with respect to liability arising out of your ongoing operations performed for that additional insured. This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) all work,including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) has been completed; or, (2) that portion of "your work" out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 100983 (2/09) Page 2 of 7 , a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or b. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. The Coverage provided by this endorsement does not apply to you or any insured if you are engaged in the business or occupation of providing any of the services described in the definition of "Incidental Medical Malpractice Injury". IV. JOINT VENTURES/PARTNERSHIPS /LIMITED LIABILITY COMPANIES The paragraph under SECTION 11 -WHO IS AN INSURED which states: 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 Insured in the Declarations_ is hereby deleted and replaced with the following: No person or organization, other than you, 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 Insured in the Declarations. Coverage under this policy, however, will not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company. V. SUPPLEMENTARY PAYMENTS Under SECTION I -SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, Paragraph Il.b., is deleted in its entirety and replaced with the following; b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury liability Coverage applies. We do not have to furnish these bonds. VI, LIBERALIZATION CLAUSE If we revise or replace our standard policy form to provide more coverage, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. V11. UNINTENTIONAL ERRORS AND OMISSIONS SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 6- - Representations is amended by adding: d. The unintentional failure by you or any Insured to provide accurate and complete nonmaterial representations as of the inception of the policy wi€1 not prejudice the coverages afforded by this policy. Vill. AMENDMENT OF DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. -Dutles In the Event of Occurrence, Offense, Claim or Suit, a. is hereby deleted and replaced with the following: 100983(2/09) Page 4 of 7 c, a a (bl Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection. architectural or engineering activities; and B. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. - Other Insurance, b. Excess Insurance, (1) (a), is amended to include the following: (v) That is a Railroad Protective Insurance Policy or similar coverage. XI. COVERAGE FOR YOUR SUPERVISORY OR MANAGERIAL EMPLOYEES RELATING TO CO- EMPLOYEE INJURIES SECTION 11 -WHO IS AN INSURED, 2.a. (1), (a) and (b) are clarified to hold that: Your supervisory or managerial "employees" are insureds for "bodily injury" to "co- employees" while in the course of their employment or performing duties related to the conduct of your business if claims or suits arise out of liability assumed by an insured under an "insured contract" as provided by SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, e. Employer's Liability. XII. WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US SECTION €V - COMMERCIAL GENERAL LIABILITY CONDITIONS, S. - Transfer of Rights of Recovery Against Others To Us, is amended by the addition of the following: We waive any right of recovery we may have against any person or organization pursuant to applicable written contract or agreement you enter into because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". XIII. AMENDMENT OF OTHER INSURANCE A. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.-Other Insurance, b. - Excess Insurance, (1), is amended to include the following: This insurance shall not be excess where 0) such other insurance is specifically purchased to apply as excess of this policy, or (ii) where you are obligated by contract to provide primary insurance to an additional insured, unless there is other additional insurance coverage available to that additional insured. B. SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.-Ocher Insurance, b. - Excess Insurance, (2), is deleted in its entirety and replaced with the following: When this insurance is excess, we will have no duty under Coverages A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. XIV. AMENDMENT AGGREGATE LIMITS PER PROJECT A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A(SECTION 1), offense under COVERAGE B (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project: 100983(2109) Page 6 of 7 /I ;> REQUEST FOR MAYOR'S SIGNATURE Please Fill in All Applicable Boxes W151 „G' �ed by Director Originator's Name: Kelly Casteel Dept/Div Engineenng/Desi Extension: 5561 Date Sent: /,) 3i Date Required: /,)/-g' Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/13 VENDOR: Tetra Tech, 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. 2 is necessary to extend the time of completion to December 31, 2013 for the Hawley Road Levee Project because additional work may still be required to help address and to review responses on the CLOMR report and provide some analysis and input on the new flood study released by the Corps. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: - GENED Approval of Law Dept.: 2012 DEC 31 Law Dept. Comments: Date Forwarded to Mayor: t - , -�\ ` ,-� Shaded Areas To Be Completed By Administration Staff Received: JAN 2 2013 Recommendations and Comments: I�Yt/l f m�f���/ CiTy CLERK Disposition: /�Z1i3 �e o� ,� 0 Date Returned: