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HomeMy WebLinkAboutPW13-194 - Original - Tetra Tech, Inc - FEMA Community Rating System Review Records Manzage' ment--N KENT Document WASHINGTON C CC.t,+ 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 �1 Contract Number: PW 1 ?)- 1 cl 7 This is assigned by City Clerk's Office Project Name: FEMA Community Rating System Review Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 6/30/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Beth Tan Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Assist with the FEMA Communq Rating System Review. S,Pub lic\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT 01PSHI HOT0M1 CONSULTANT SERVICES AGREEMENT between the City of Kent and Tetra Tech, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation ( e e' a rr the "City"), and Tetra Tech, Inc. organized under the laws of the State of , located and doing business at 90 South Blackwood Ave., Eagle, ID 83616, Phone: (208) 939-4391/Fax: (208) 939-4402, Contact: Rob Flaner (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall assist with the FEMA Community Rating System Review. For a description, see the Consultant's April 26, 2013 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by June 30, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixteen Thousand, Five Hundred Sixty Two Dollars ($16,562.00), plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A2. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) r. authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) r other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT:' CITY OF KENT: By: By: (signature (signature) e.Print Na & cw �1 eZzea Pr' t Na uzette Cooke /-Its 62Qf ,44 ologlei I s Ma or (title) /� DATE: �l7113 DATE: 7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Rob Flaner Timothy J. LaPorte, P.E. Tetra Tech, Inc. City of Kent 90 S. Blackwood Ave. 220 Fourth Avenue South Eagle, ID 83616 Kent, WA 98032 (208) 939-4391 (telephone) (253) 856-5500 (telephone) (208) 939-4402 (facsimile) (253) 856-6500 (facsimile) P APPROV D ASIRM: l�Vlti Kent Law Department Tetra Tech-FEMA Community Rating SystrTan CONSULTANT SERVICES AGREEMENT - 5 (Over $10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of TV,,e , 20/3 By: For: rt+h+ y�u22es Title: Date: 7�� EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these h the regulations and the Cit 's equal employment regulations are familiar with opportunity g y q 9 policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By. For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SCOPE OF SERVICES Community Rating System-Cycle Re-verification FEMA Flood Plain Management and Flood Hazard Reduction For City of Kent Tetra Tech Inc April 26, 2013 Summanr The National Flood Insurance Program's(NFIP)Community Rating System(CRS)is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements As a result, flood Insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions meeting the three goals of the CRS (1) reduce flood losses, (2) facilitate accurate insurance rating, and (3) promote the awareness of flood Insurance For CRS participating communities, flood insurance premium rates are discounted in increments of 5%; i e , a Class 1 community would receive a 45% premium discount, while a Class 9 community would receive a 5% discount (a Class 10 is not participating in the CRS and receives no discount) The CRS classes for local communities are based on 18 creditable activities, organized under four categories (i) Public Information, (it) Mapping and Regulations, (lii) Flood Damage Reduction, and (iv) Flood Preparedness Tetra Tech, Inc., a Consultant for planning, applied sciences and environmental services provides all levels of assistance to entities needing guidance in today's regulatory environment Tetra Tech's background has allowed them to develop and nurture long term relationships with Federal, State and local clientele who have utilized their expertise to guide their decision making process Tetra Tech (CONSULTANT) has a thorough understanding of FEMA's Hazard Mitigation initiatives such as the Disaster Mitigation Act (DMA), Pre-disaster Mitigation Grant (PDM) and CRS programs Consultant services included in this scope of work are intended to provide assistance to the City of Kent, WA to prepare and submit the City's Cycle-revivification package for the Community Rating System (CRS) Specifically, services conducted under this scope are to evaluate Kent's CRS/floodplain management over the past 5 years and prepare the City's cycle- re-verification package based on that past performance The principle objective of this project is to maintain the City's current CRS classifications, and if possible improve that classification as long as it falls within the current capabilities of the City Consultant will also make recommendations on possible program enhancements that may result in higher CRS classifications Consultant will also prepare the complete CRS verification package to be presented to The Insurance Services Office, Inc (FEMA's CRS Contractor) during its review to be completed after submission of the application Consultant will participate in this review along with appropriate City Staff Anticipated Duration This project is expected to take place between June 2013 and June 2014 ask 1.0: Review of Kent's floodplain managementpro ram. CONSULTANT will conduct a thorough review of the current floodplain management program in effect for Kent, and will include a scoring evaluation in accordance with the 2013 Community Rating System (CRS) Coordinator's Manual Consultant will review all aspects of this program and make recommendations on any potential new creditable activities according to changes in the 2013 CRS Coordinators Manual that may have a positive impact on the overall CRS score This task will also include a review of the floodplain management regulations in effect in Kent to make recommendations for enhancements that could provide City of Kent,WA Proposed Scope of Work April 2013 1 a positive CRS impact This will include recommendations for how the City can improve is current classification to CRS Class 5 or higher This task will take up to 32 hours to complete Out of these 32 hours, up to16 hours will be spent with Kent floodplain management personnel to gather documentation necessary to complete this phase The deliverable under this task will be a written report with scoring evaluation and a list of recommendations if a need for changes is identified A Flood Insurance impact review will also be completed under this phase Due date- August 2013 ask 2.0: CRS Verification Documentation preparation. CONSULTANT will assimilate all documentation gathered under Tasks 1 into the proper format for documenting creditable CRS activities for Kent's CRS application This format will include data entry into the most current CRS Calculation software It is estimated that this phase will take up to 48 hours to complete The deliverable for this task will be 2 complete copies of the CRS verification package; one to be submitted to FEMA and one to be maintained by the City This package will include all Activity worksheets and support documentation for each activity that credit will be requested. Due date TBD based on scheduled date for cycle re-verification visit Task 3.0: Participation in CRS verification visit. This task includes CONSULTANT participation and support in the Kent CRS verification visit once the date for this visit has been established Specifically, CONSULTANT will support City staff throughout the process, and assist to mediate any discrepancies that may arise between CRS and the City It is estimated up to 24 hours will be devoted to this task It is also estimated that there will be reimbursable expenses j associated with this task, the cost for which have been included with the total cast for this task The deliverable for this task will be a technical memorandum summarizing conclusions of the re-evaluation Due date TBD ask 4.0: Project Management. Provide overall project management for this work order, including but not limited to project coordination, work scheduling, product review and certification, budget and expenditure management, invoicing and issue resolution It is anticipated that up to 10 hours will be dedicated to this task Budget. See exhibit Al for proposed budget. C City of Kent,WA Proposed Scope of Work April2013 2 I EXHIBIT Al Cost of Services Task 1 $4,212 00 Task 2 $6,318 00 Task 3 $3,160 00 Task 4 $1,170 00 Reimbursable Expenses $1,702 00 TOTAL $16,662.00 Notes 1 Hours shown for each task are for estimating purposes 2 Billing rates are subject to change to reflect periodic adjustments in Tt/KCM salary levels 3 Invoices will be based on actual hours worked by staff assigned to the project 4 Estimates based on Labor and attached definitions 5 See ExhibitA2 for reimbursable expenses I EXIBIT A2 Rate Table Tetra Tech/Inc. Rate table of Hour l Billinq Rates aff GIaIficatio M�_ rl __ Principle Engineer/Scientist W $200 Senior Engineer/Scientist III $148 Senior En ineerlScientist II $140 Senior Engineer/Scientist 1 $132 En ineer/Scientist III $110 Engineer/Scientist II $100 Engineer/Scientist 1 $80 CAD Operator $75 Technician/Illustrator/Editor III $85 Technician/Illustrator/Editor II $65 Administrator III $72 Administrator 11 $69 I City of Kent,WA Proposed Scope of Work April 2013 1 Exhibit A3 Definitions "Reimbursable Expenses" include but are not limited to: 1. Air Fare Expenses — Cost of ticket and travel to and from airport by public conveyances 2. Auto Lease Expenses — Basic charge, gas, oil, repairs, and insurance. 3. TUINW Auto Expenses — Cost of using Tt/KCM-owned vehicles at the current IRS mileage rate. 4. Boat Expenses — Cost of using rental or leased boats at a fair commercial rate/hour 5. Meal Expenses—"Out-of-pocket"cost to employees while away from office on business 6. Lodging Expenses—"Out-of-pocket"cost to employees while away from office on business 7. Equipment Expenses —Cost of rental, or lease of special equipment required to perform work 8. Lab Fee Expenses — Cost of consumable laboratory supplies and lab use 9. Computer Expenses — Cost for the use of outside computer hardware or software as invoiced to Tt/INW for specific project. Internal computer rates are based on disc storage, CPU, and terminal connect time used in conjunction with technical programs and word processing Tt/KCM rates are established as: — Outside computer hardware and software at Invoiced cost to Tt/KCM — Internal rates. CADD and technical computers — $14 00/hour All Other PC's — $ 3.00/hour Printing. Charges for printing of black and white single-copy output are included in the above processing charges Plotting and color printing are charged separately Multiple-copy printing Is $0 10 per additional page These time charges for equipment will be documented on Tt/KCM time sheets to the nearest 0.25 hour in the appropriate category. 10. Production Expenses — Commercial and "in-office" printing, binding, and reproduction of reports and contract documents at invoice amount or a fair commercial rate 11. Miscellaneous Expenses — Direct job expenses and costs not defined in categories 1 through 12 such as special licenses, additional "out-of-pocket" employee traveling costs, etc "Subconsultant Expenses" represent the cost of outside subconsultant technical services and expenses They include but are not limited to — Foundation and geological consultants — Technical consultants (electrical) City of Kent,WA Proposed Scope of Work April 2013 2 — Other special technical engineers working outside of-the engineer's office except those engineers paid directly by the owner — Foundation borings and testing Laboratory tests Property, location, or base map surveys Aerial photography and preparation of topographic maps "Reimbursable Expense Factor" is an amount which takes into account Tt/KCM activities related to specific reimbursable expenses, e g , excise tax, liability insurance, and special added administrative costs and fees not related to Tt/INW wages, and as indicated in the Professional Services Agreement and/or Estimate of Professional Services. I I I C City of Kent,WA Proposed Scope of Work April 2013 3 4 ' EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, Fired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. CERTIFICATE OF LIABILITY INSURANCE ��06M02D, 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 LL REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER ID IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed If SUBROGATION IS WAIVED,subject to L the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the to Certificate holder in lieu of such endorsement(s) c Is PRODUCER CONTACT a AVE Ann Risk Insurance Services west, Inc. PHON Los Anggeles CA Office (�No Eag (866) 283-7122 �A, 800-363-0105 0) 707 wilshire Boulevard E-MAIL o suite 2600 ADDRESS = Los Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE NAICp INSURED NSINER A. National union Fire Ins CO Of Pittsburgh 19445 Tetra Tech, Inc INSURER Insurance Co of the State of PA 19429 1 S Wacker Drive 37th Floor NSURERC Lexington Insurance Company 19437 Chicago IL 60606 USA NSURERD chartis specialty insurance Company 26883 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:570050207580 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 INSIR ADDL SUER LTR TYPE OFINSl/RANCE INSR WVD POLICY NUMBER I UDO,yyyy WV�yyyY UWTS A GENERAL LIABILITY GL EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000 CLAIMS-MADE ❑X OCCUR MED EXP(Any one person) $10,000 X %CU Coverage PERSONAL S ADV INJURY $2,000,000 GL Deductible$5 000 GENERAL AGGREGATE $4,000,000 X0 0 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $4,000,000 N POLICY X PRO X LOC a A AUTOMOBILE LIABILITY CA 1 1 4 1 1 1 COMBINED SINGLE LIMIT Ea accident $1,000,000 X ANYAUTO BODILY INJURY(Per person) 2 ALL OWNED SCHEDULED BODILY INJURY(Per accident) m AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE 16 AUTOS (Per accident) Y C X UMBRELLALIAB X OCCUR TH1200022 10/01/2012 10/01/2013 EACH OCCURRENCE $10,000,000 V EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION B WORKERS COMPENSATION AND wc3 69 5a 1 10/01/2013 X WC STATU DTH- B EMPLOYERS'LIABLITY YIN WC3$89fi542 10/Ol/2012 10/01/2013 TORV LIMITS ER ANY PROPRIETOR I PARTNER I EXECUTNE EL EACH ACCIDENT $1,000,000 B OFFICERIMEMBER EXCLUDED1 1fl NIA Wc35896543 10/01/2012 10/01/2013 (Mandatory inNH) EL DISEASE-EA EMPLOYEE $1,000,000 Use describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $1.000,000_ D contractor Prof cop51952583 10/01/2012 10/01/2013 Each claim $5,000,000 Prof/Poll Liab Agggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Atlach ACORD 101,Additional Remarks Schedule,F more space Is required) RE Project Start Date 5/1/13, Job Description FEMA Community Rating System Review City Of Kent is included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability and umbrella Liability policies General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to an City Of Kent, but only in accordance with the policy's provisions Should General Liability, Automobile Liability and workers' compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of Ise cancellation may be delivered to certificate holders in accordance with the policy provisions Stop Gap Coverage for the following states OH, ND, W4, WY 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 POLICY PROVISIONS City of Kent AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent wA 98032 USA S � x�Y� XJL c A ©1988-2010 ACORD CORPORATION All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 A.M. 10/01/2012 forms a part of policy No.GL 2491933 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. 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 Section 11 - 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 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 advertising injury". 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 liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy,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 50% interest in you, but only with respect to their liability arising out of: 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.B.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 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 (2109) Page 1 of 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 leased to you by such person(s)or organizationis). 2. With respect to the insurance afforded to these additional insureds under Paragraph I.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 I.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. 11) 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 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: ai. "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". 11. PRIMARY INSURANCE -ADDITIONAL INSUREDS Where persons or organizations have been added to your policy as additional insureds 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. 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. III. INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE SECTION II - WHO IS AN INSURED, 2. a. (1) (d) is deleted in Its entirety and replaced with the following- Id) 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 liability 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 o e same policy and policy year in which the originatingact occurred. assignable t the p y p Y Y 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: 100983(2109) Page 3 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". N. JOINT VENTURES / PARTNERSHIPS I LIMITED LIABILITY COMPANIES The paragraph under SECTION Il-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 pint 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 1.b., is deleted in its entirety and replaced with the fallowing: 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 VII. 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 will not prejudice the coverages afforded by this policy. Vlll. AMENDMENT OF DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE, CLAIM OR SUIT SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. - Duties In the Event of Occurrence, Offense, Claim or Suit, a. is hereby deleted and replaced with the following: 100983 (2109) Page 4 of 7 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 (i) operations performed within 50 feet of railroad property and 00 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: 8. "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: 11) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or far7ing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 1 OD983 (2/09) Page b of 7 (b) 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 msured'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 II -WHO IS AN INSURED, 2.a. (1), Is) 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, a. Employer's Liability. XIL WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US SECTION IV - 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 (i) 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: Other insurance, b. -Excess Insurance,12►, 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 (2/09) Page 6 of 7 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 (i) all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard', (h) 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 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 Limit, C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily Injury" or "property damage" included in the "products-oompleted 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 applicable 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 III) not otherwise modified by this endorsement shall continue to apply as stipulated. 100983(2I09) Page 7 of 7 ENDORSEMENT This endorsement, effective 12:01 A.M. 10/01/2012 forms a part of policy No.CA 5101554 by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modrfies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: WHERE REQUIRED BY WRITTEN CONTRACT I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. -Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, 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 liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: 11) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 87950 (10/05) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 10/01/2012 forms a part of Policy No. GL 2491933 issued to Tetra Tech, Inc. By: National Union Fire Insurance Company of Pittsburgh, PA LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity, and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via a-mail to each such Certificate Holders within f 30 1 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Form 107414 107414 (03/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 10/01/2012 forms a part of Policy No. CA 5101554 issued to Tetra Tech, Inc. By: National Union Fire Insurance Company of Pittsburgh, PA LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity, and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within f 30 1 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailmg the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Form 107414 107414 (03/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 10/01/2012 forms a part of Policy No. WC 35896545 issued to Tetra Tech, Inc. By: National Union Fire Insurance Company of Pittsburgh, PA LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This polity is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via a-mail to each such Certificate Holders within f 30 1 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this polity or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Form 107414 107414 (03/11) REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Beth Tan Dept/Div. Engineering/Environmental Extension: 5552 Date Sent: 6/26/13 Date Required: 7/3/13 Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 6/30/14 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 agreement is for Tetra Tech to assist with the FEMA Community Rating System Review. AIA�62- ao All Contracts Must Be Routed Through The Law Department (This area to be completed by the law Department) Received: JUN 2 6 2013 Approval of LKEW-LAW KEPT. I EIVED Law Dept. Comments: JUN 2 7 2013 itY of Kent [Date:Forwarded to Mayor: �" I Z�I+ Office Of the Mayor Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: RECEIVED Disposition: �>�3-��1;�}��/1'L�jl �a'd�— J JUN 2 6 20 Cmr OF xlrrrr Date Returned: CITY CLERK