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HomeMy WebLinkAboutPW11-087 - Amendment - #4 - Tetra Tech, Inc. - Boeing Leeve - 12/16/2013 pr.4. Records Mn. gemet t KENT Document WASH IN OTON `�Y` y�"' �f ! 777 U. U 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. i Vendor Name: Tetra Tech, Inc. Vendor Number: JD Edwards Number Contract Number: 11 -a DS1 This is assigned by City Clerk's Office Project Name: Boeing Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: �. Contract Effective Date: Date` of the Mayor's signature Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2014 so the Consultant can make the necessary updates to accreditation reports after levee construction. S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT wnsniH�.on AMENDMENT NO. 4 NAME OF CONSULTANT OR VENDOR: Tetra Tech, Inc. CONTRACT NAME & PROJECT NUMBER: Boeina Levee ORIGINAL AGREEMENT DATE: January 20, 2011 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2014 so the Consultant can make necessary updates to accreditation reports after levee construction. 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, $254,108.00 including applicable WSST Net Change by Previous Amendments $100,992.00 including applicable WSST Current Contract Amount $355,100.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $355,100.00 i i AMENDMENT - 1 OF 2 Original Time for Completion 12/31/11 (insert date) Revised Time for Completion under 12/31/13 prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days j Amendment Revised Time for Completion 12/31/14 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By: _.J(signature /"� r� (signature) Print Name: t"7 d�( Print Name Suzette Cooke Its Mavor (title (( R 1 title)- DATE: P > DATE: r°r ` APPROVED AS TO FORM: (applicable if Mayor's signature r quired) Kent Law Depart' ant Tetra Tech-[toeing Levee An-0 4/1100ck AMENDMENT - 2 OF 2 /'1 ® DATE(MMIDD/YYYY) ` o CERTIFICATE OF LIABILITY INSURANCE 11/03/2013 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 x BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED LL REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. a IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(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). d PRODUCER CONTACT 4 Ace Risk Insurance Services West, Inc, PHONE FAX LOS Angeles CA Office INC No.Est): (866) 283-7122 AIc.No.: (800) 363-0105 V 707 Wilshire Boulevard Suite 2600 ADDRESS: ]: Las Angeles CA 90017-0460 USA INSURER(5)AFFORDING COVERAGE NAICq INSURED INSURERA: National Union Fire Ins Co Of Pittsburgh 19445 Tetra Tech, Inc. INSURER B: Insurance Co of the State of PA 19429 1420 Sth Avenue suite 550 INSURER e; Lexington Insurance Company 19437 Seattle WA 98101 USA INSURER D: INSURER E: INSURER F; COVERAGES CERTIFICATE NUMBER:570051874661 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Limits shown are as requested INSR LTR TYPE OFINSURANCE INSR WVD POLICY NUMBER MMIDDA`YYY MPOLICY EFF MIDDIYYYY Y tAV LIMITS A GENERAL LIABILITY GL$ 4 EACH OCCURRENCE $1,000,000 0 G -NTE0 $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea CCcuneno, CLAIMS-MADE �OCCUR MEO EXP(Any one peson) $10,000 X X,c,U Covaraae PERSONAL BAOV INJURY $2,000,000 GENERAL AGGREGATE $2,000,000 1 GEN%AGGREGATE LIMIT APPLIES PER: PRODUCTS-CONPIOP AGG $2,000,000LO POLICY X PRO- POLICY LOC N A AUTOMOBILE LIABILITY CA 327 52 GS 10 01 310 O1 2014 COMBINED SINGLE LIMIT $1,000,000 En accident X ANYAUTO BODILY INJURY(Per person) Z ALL OWNED sCHECULED BODILY INJURY(Per accleem) a4m3 AUTOS AUTOS PROPERTY DAMAGE U X HIRED AUTOS X NON-OWNED Per acdtlenQ AUTOS N UMBRELLA HAE) H OCCUR EACH OCCURRENCE O EXCESS LIAR CLAIMS-MADE AGGREGATE DED IRETENTION e WORKERS COMPENSATION AND wC15656017 10/01/2013 10/0l/2014 X OTOT RY.fAT ERH B EMPLOYERS'LIABILITY YIN LVC156SG011 10/01/2013 10/01/2014 B ANY PROPRIETOR!PARTNER I EXECUTIVE 1-1 NIA 4lC15656012 10/01/2013 10/01/2014 E.L.EACH ACCIDENT $1,000,000 OFFICEWMENSER EXCLUDED! IL"JI (MandMory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 Yves,describe under E.L.DISEASE-POLICY LIMIT $1000,000_ DESCRIPTION OF OPERATIONS below C Contractor Prof 028182375 10/01/2013 10/01/2014 Each slain $1,000,000= Prof/Poll Liab Agggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES(Attach ACORD 101,Additional R.mr*S Schedule,if more apace is required) RE: "tetra Tech Project No. 100-SkM-T27230, Boeing Levee Certification Project. City of Kent is included as Additional Insured as required by written contracts but limited to the operations of the Insured under said contract, With respect to the General .�.- Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are $ Non-Contributory to other insurance available to an Additional Insured, but only to the extent required by written contract with the Insured. Stop Gap Coverage for the following states: ON, WA, WY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE g p EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent AUTHORIZED REPRESENTATIVE row \ Attn: Timothy J. LaPorte aLs Ken Fourth Avenue South _ l M4f r� ' Kent 4!A 98032 USA yp 2wutrencc eEal,irO ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 A.M. 10/01i20'135 forms a part of policy No,tivL 514 26 23-93 issued to TETRA TECH, INC. Issued by:, hyNATIONAL UNION FIRE INSURANCE CO?4PANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLiCY. PLEASE READ iT CAREFULLY. CONTRAGTOFI`S COMMERCIAL PRIME ENDORSEMENT This endorsement inad1fles insurance provlded unOW the foiioWtng: COMMERCIAL GENERAL.Li'ABILITY COVERAGE FORM Coverage afforded Under this ondortorre'nt does lint apply to any person or organization revered as an additional insured on any other endorsement now or hereafter attaofied to this Coverage Part, 1. ADDITIONAL INSUREDS Sootion 0 . 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 offertivs during the teem of this policy; and 2 EXecutcd prior to "bodily injury", "Property damage," or "personal injury and advertising injury A. BY CO NTH ACT Any parson or organization to whom you henomo obligated to Include as an additional insured under this policy, as a result of ariy contract rr agreement you enter Into which roqulres you to furnish insurance to that person or organization of the typo pl'avided by this policy, but only with rospoot 10 liability arising out of your operations or premises owned by or ranted to you, However, 'the Insurance provided will not oXoocd the teaser aF: 'I. The eovorago ,indlor limit$ of this policy, or 2. 'rho coverage and(or Ilni t:s required by said contract of agreement, S. CONTROLLING INTCHUST 'I. Any parson or organization having a grvator than a 60% intornet in you, but only with respect to their liability arising out of: a, Their financial control of you; or l7. Promises they own, maintain or control while You base these promlres. 2. Tho insuranco afforded to those additionalin,urOcN under Para7reph 1,11.1 does not apply to structural alterations, now oonsl'ruotion 0V dom'alition aparadons parrermod by or for that parson or organizatlon. C, CO-OWNER OR INSURED{5RrMISES A Co-owner of Insured promises co-owned by you and covered by this Insurance but only with rospoot,,to their liability as co-owner of the premiRe9, r '100083 (2i09) Page 1 of 7 D. LESSOR OF LEASED EO.UIPMENT 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 organization(s), 2. With respect to the insurance afforded to these additional Insureds under Paragraph i,D,1, this insurance does not apply to any "eccurronce" which takes place: a) after the equipment lease expires, or b) after the equipment is returned or no (anger 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, maintonaneo or use of that pare Of the premises leased to YOU and subject to the following additional exclusions; This insurance under this paragraph does not apply to; 1. Any "oocurrenee" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, now construction or demolition operations performed by or on behalf of such Ivlanagors or Lessors. F. MORTGAGEE, ASSIGNEE, OR RECEIVER i 1. A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arlsing out of the ownership, maintonance, ar use of the prern sos by you. 2. The insurance offordod to the additional insureds under Paragraph I.F.1 doas not apply to stntotural alterations, new construction or demolition operations performed by or for that mortgagoo, assignee, or receiver, G. OWNERS, LESSEES, OR CONTRACTORS COMPLETED OPERATIONS 11) Any Owner, Lessee or Contractor, but only with respect to liability arlsing cut of "Your work" performed for that additional insured and included in the "products completed oporations hazard". H, OWNERS, LESSEES, OR CONTRACTORS - ONGOING OPERATIONS Any Owners, Lassaas, 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, ports or equipment furnished in coiv"celfon with such work, on the project (other than sorvica, maintenance or repairs) to be porforrned by or on behalf of the additional Insured(s) has bean completed; or, (2) that portion of "your work" out of Which the injury or damage arisos has Loan put to Its Intended Liao by any person or organization other rhan another contractor or subcontractor ongagod In performing operations for a prinoipni as a part of the eaimo projoct, 100983 (2/09) Pago 2 of 7 I i 1. STATE OR POLITICAL SUBDIVISION• PERMITS Any State or Political Subdivision, subject to the following provisions: ',. 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, 2. This Insurance does not apply to: a, "Bodily injury," "property damage' or" personal and advertising Injury" arising out of operations performed for the state or munielpaiity, or b, "Bodily injury" or "property damage" included within the "praducts- oornplated operations hazard". II. PRIMARY INSURANCE-ADDITIONAL INSUREDS Where persons or organizations have been addod 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 addalonal Insureds a$ defined above in this Svcdon only, SECTION IV • COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. • Other insurance, a. - Pdtnary Insurance,is deleted In its entirety and replaced with the following: This insur-anoe 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 %1,4ttsn aontraass 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 addltlonal insureds and included in line "products-completod operations hazard, however, this insurance is primary over any other shnilar insurance only if the additional Insured is designated as a named inaurod of the other similar Insuranco. We will 'not require contribution of limits from the other similar Insurance if tho insurance afforded 1s primary, Ill. INCIDENTAL MEDIOAR MALPHACTiCE LIABiLITY COVFRAM SECTION 11 - WHO IS AN INSURED, 2, a, (1) Id) is 600tad in its entirety and roplaeod 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 MS(pYactica Injury" by any physician, dentist, nurse or otiwr modioaf praotitloner omployed or retained by you unless such "bodily Injury" IS covered by another primary policy, However, the insurance provided hvroundor to such persons will not apply to Ilability arising out of sorvlocv performed outside of the scope of Choir duties as your "omployees," Any sorles of oontlnUVus, repeated or related arts will be (rented as the oocurronca of a single negligent profassional healthcare service, which will bo asslynablo to the sumo policy and policy year in which the originating act ocourred. SECTION V- DEFINITIONS - Is arnondcd to add "Incidental Madioof Malpractice injury" means "Bodily Injury' arlsing out; of the rondoring of or Miluro to ronder the following sorvicocn 100983009) Pago 3 of 7 I I 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 j the deflnitlort of "inoldental Medical Malpractice Injury". i IV. JOINT VENTURES / PARTNERSHIPS I LIMITED LIABILITY COMPANIES The paragraph under SECTION 11 -WHO 15 AN INSURED which states: No parson 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 replaoed with rho foIl4Wing; 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 torminaten date of any joint venture, partnership or limited liability aompany) or b. If there Is valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. 1 9i1PPI.RMPNTA13Y PAYMENTS Under SECTION I -SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, Paragraph 'I,b„ Is deleted in Its entirety and replaced with the following: b. Up in M600 for cost of ball bands 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 hovo to furnish those bonds. V1. LIBERALIZATION CLAUSE If we rov3sa or roplaco our standard policy form to provide more coverage, your polloy will automatioaily provide the additional coverage as of the day the revision is effective In your state. VIL UNINTENTIONAL ERRORS AND OMISSIONS SECTION IV - COMMERCIAL GFNGRAL LIABILITY CONDITIONS, 6, - Ropresontmlons Is ail amended by adding: d. The unintentional railuie by you or any Insured to provide accurate and complete nonmaterial representations as of tho inception of tho policy will not prejudice ilia ooverogos afforded by this policy. Vill. AMrNt7MEN'T Or DUTIES IN TIIr EVENT OF OCCURRENCE, OFF@NSF, CLAIM OR SUIT SECTION IV- COMMERCIAL GENERAL, LIABILITY CONDITIONS, 2. � Duties in the Event of Ocourronco, OHenso, Clain or Suit, a, Is hereby deleted and replaced with the following, 'I00981 (2/00) Page 4 of 7 i a. You must see to it that we are notified as soon as practicable of any %oourrence" 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 constrtuto knowledge to you unless the Director of Risk Management (or one with similar or equivalent titta) or his/her designee wilt have received such notice, To the extent possible notice should Include: (1) How, when and where the 'occurrence" or offense teak 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 tho "occurrence" or offense, IX. AMENDMENT OP 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 fallowing: a. "Bodily injury` or "property damage" ekpsotod or intended from the standpoint of tite Insured. This exclusion does not apply to "bodily Injury" or "property damage" resulting from the use of reasonable farce to protoot persons or property, X, CONTRACT UAL LIABILITY-RAILROADS Only with respect to (f) operatlons performed within 50 feet of railroad property and (11) for which a Railroad Protective Liability Palley in the name of the railroad has been provided, then A, SECTION V• DEFINITIONS, Paragraph S, is deleted in its entiroty and replooed with the followingr 0. "Insured Contract" means; o. A contract for a lease of premises, However, that portion of the contract for a lease of premisos that indomnifios any person or arganizatlon for damage by fire to promises whilo rented to you or temporarily oceupled by you with pormisilon of the owner Is not an "insured contract"; b. A sidotraok agreement; o. Any ooserrnent or license agreement; d, An obligation, as required by ordinance, to indemnlfy a municipality, oxaapt in connection with work for a municipality, a. An alovator maintenance agroonient; f. drat part of any other oontraot or agreement pertaining to your buslne&s (including an indemhifloation of a municipality in connootion with work performed for a municipality) under whloh you assume the tort I€obility of another party to pay for "bodily injury" or "propetty damage" to a third porson or organI7,ntio1,, Tort liability means a liability that would be imposed by law in t€'le absonao of any contract or agreement, i Paragraph f, does no'k Include that part of any contract or agreement; 11) That indemnifies an aroltifoot, engineer or nuivoyor for injury or damage j arlOng out of: (of Preparing, approving or failing m OMPIM Or approvo maps, situp drawings, opinions, reports, survoys, flat(] orders, change orders or drawings and specifioat€ono; all 1001983 WOO) Pa4jo 6 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 insured's rendering or failure to render professional services, including those listed in Paragraph Ill above and supervisory.Inspection, architectural or engineering activities; and R. 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 covaraga XI. COVERAGE FOR YOUR SUPERVISORY OR MANAGERIAL EMPLOYEES RELATING TO CO- EMPLOYEE INJURIES SECTION II -WHO IS AN INSURED, 2.a. (1), (a) and (b) are clarified to hold that: Your supervisory or managerlal "employees" are insureds for "bodily injury" to "oo- 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, o. Employer's Liability. XII, 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 ma((o for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or orgartlxation and included in the "products-completed operations hazard". Xlii, AMENDMENT OP 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 pot be exooss where (I) such other insurance is specifically pueohised to apply as excess of this policy, or (11) whore you are obiigatod by contract to provide primary insuraneo to an additional insured, unless there is other additional Insuranco coverage available to that additional insured. B, SECTION IV .. COMMERCIAL GENERAL LIAMLITY CONDITIONS, 4,- Other Insurance, b, - Exooss Insurance, (2), Is deleted In Its entirety and replaced with the following: When this insurance is oxcess, We will havo no duty under Coveragoe A or B to defend any claim or "suit" that any other insurer has a duty to defend, If no other Insurer dofonds, we will undortako 1.0 do so, But we will be entitled to the Insured's rights against all thoso other insurers. XIV. AMENDMENT AGGREGATE LIMITS PER PROJECT A. For all sums which the Insured bscomcs legally obligated to pay as damagos caused by 000urrcncas .under COVERAGE A (SLOTiON I), offense under COVERAGE B (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), wl;(oh can be attributed only to ongoing operations at a shgle daslgnated construction project; 1009119 (2109) Pago 6 of 7 1. A ss arate Per Construction Project General Aggregate Limit applies to each P J 9 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 11) all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" Included in the "products-completed operations hazard", (if) ail damages under COVERAGE 13 and (fii) all medical expenses tinder COVERAGE C regardless of the number of., a. Insureds; b. Claims made or °salts" brought;or o. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A or 13 for damages or under COVERAGE C for medical expenses shallreduce the Par Construction Project General !! Aggregate Limit for that construction project. Such payments shall not reduce the Ganoral Aggregate Limit shown in the DOelaratfons nor shall they reduce any other 'Per Construction Prajoot General Aggregate Limit for any other construction project oovered under this poifcy. 4. 'rho limits shown in the Declarations for Each Ocourrenoe, Nro Damago and NLedical Exponss continue to apply. However, instead of being subjaot to the Genaraf Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Construction Project General Aggregate Limit. a, For all sums which the Insured becomes legally obligated to pay as damages caused by "occurroncos" kinder COVERAGE A, (SECTION 1), offenses under COVERAGE 13 (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION 11, which cannot be atM17utad only to onga(ng oparntrons at a single conatnlatlon project: 1. Any payments made under COVERAGE A or B fop damages or under COVERAGE C for medical expenses shall reduce the amount avmIN[kln under the General Aggregate Limit or the Products,comploted Operations Aggregato Limit, whichever is applicable; and 2. Skwh payments sha)I not rodua) any Construction Project General Aggregate Limit, C. When coverage for liability arising out of the oporations hazard" is provided, any payments for damages because of "bodily injury" or "property drimago" lnofudod In the "products-oomploted oporations hazard" will roduoe the Products- Completed Oparat)om Aggragato f.lmit, and not roduoe the General Aggregate Limit nor the Conetruotfon Proioot Gonoral Aggregate Limit. M If tho eoplioablo construction project has been abatideried, dolayod, or abendonod and than restarted, or If the author)zod oontraotlog parties dovlate from plus, bluoprinta, designs, spseifloations or timetables, the project will still be deemed to be the soma oonstructlon projoot. hi, The provtstons of Llmita of liwwanoe (SECTION llq not otherwise moditiod by this endorsement shall oontinuo to apply as stlpulotod, Authorized Representative u ar ze eprsen a ve uthorizad Re res.ntativo or Oqunmrnl nature (111 States Where Appllcablo� 10090 (2/00) Paso 7 of 7 l i ENDORSEMENT This endorsement, effective 12:01 A.M. 10/01/2013 forms a part of policy No. CA 327 52 65 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE it 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: (1) 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. ioioi12oi3 forms a part of Policy No. GL 514 26 23 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 " 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 Del initions 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) l � I THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 1 0101/201 3 forms a part of Policy No. CA 327 52 65 LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED l 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 Holders)") 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 wilt provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within r 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 witl 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 wilt 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. I i Form 107414 107414 (03111) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 10/0112013 forms a part of Policy No, WC 1565 60 17 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 nonpayment 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 Holders)") 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 r 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 Hotder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emaiHng the Advice, using the information provided by the First Named Insured, wilt 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) Kent City Council Meeting Date January 18, 2011 Category Consent Calendar - 7L 1. SUBJECT: TETRA TECH, BOEING LEVEE CERTIFICATION CONSULTANT CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with Tetra Tech, Inc. for Certification of the Boeing Levee in an amount not to exceed $260,490, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Tetra Tech will analyze and certify the levee to FEMA standards. The certification will be used to remove a significant portion of the Kent Valley from the flood plain. This contract is budgeted and will be paid through the stormwater utility. I 3. EXHIBITS: Public Works Memorandum dated 12/13/10 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: REQUEST FOR MAYOR'S SIGNATURE Please Fill in All Applicable Boxes d by Director Originator's Name: Toby Hallock Dept/Div. Engineering/E ironmental Extension: 5536 Date Sent: l a/i3/i3 Date Required: O3Os a/a Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: Tetra Tech, Inc. DATE OF COUNCIL APPROVAL: 1/18/11 _ ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 4 is necessary to extend the time for completion to December 31, 2014 for the Boeing Levee Proje`cF so—TetraTecfi can make the necessary updates to accreditation reports after levee construction. All Contracts Must Be Routed Through The Law Department *'(This area to be completed by the Law Department) Received: L 3 E t Approval of Lave Dept,: � S Law Dept. Comments. i t 4t •, , '`T ,,F. Date Forwarded to Mayor: € ( ,. `. "u' f tis ' ^' _ Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: Disposition: li'`i,�" r i 1 ,r >�.��' , �� .✓ � � `---If F e ; f �P f�c *X CITY CLERK Date Returned: