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HomeMy WebLinkAboutPW13-146 - Original - Tetra Tech, Inc - Lake Fenwick and Lake Meridian - 5/8/13 Records " t KEIdT Document w aro. 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. I Vendor Number: JD Edwards Number Contract Number: j2tj / 3- 1 t/ This is assigned by City Clerk's Office Project Name: Lakes Monitoring Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: S s- 13 Contract Effective Date: Date of the Mayor's signature Termination Date: 3/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Monitor environmental conditions at Lake Fenwlck and Lake Meridian.__.___ CM s 71-3 - -- S.Publ lc\RecordsManagement\Forms\ContractCover\adcc7832 11/08 r KENT W ns quc'on 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 (hereinafter the "City"), and Tetra Tech, Inc. organized under the laws of the State of Washington, located and doing business at 1420 5ch Ave., Suite 550, Seattle, WA 98101, Phone: (206) 838-6261/Fax: (206) 728-9670, Contact: Harry Gibbons (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: i The Consultant shall monitor the environmental conditions at Lake Fenwick and I Lake Meridian. For a description, see the Consultant's March 3, 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 March 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Four Thousand, Fifty Three Dollars and eighty cents ($24,053,80), plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$t 0,000) i 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) 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. I 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 i CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) i 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 i 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:m By: •ignature) f (signature) Print Name: arrr a2 Prin Nam uzette Cooke Its Lcz L � Its a or (atle) DATE:13/ z /3 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: ' Harry Gibbons Timothy 1. LaPorte, P.E. Tetra Tech, Inc. City of Kent 1420 51h Ave., Suite 550 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 838-6261 (telephone) (253) 856-5500 (telephone) (206) 728-9670 (facsimile) (253) 856-6500 (facsimile) APPR VED AS FOR 7 s Kent Law Departmen Tetra Tech 2013 takes Mohtedhg7Knok CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) I 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 /z day of-Pp rr 201 -5 . For: r% 114 C Title: Date: EEO COMPLIANCE DOCUMENTS - 1 I 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 i POLICY: I 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. I 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. I 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City`s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. I i EEO COMPLIANCE DOCUMENTS - 2 i i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT i 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 Tetra Tech, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Lakes Monitoring that was entered into on the May 8, 2013 (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, By: For: j // _f _21 e /1 Title:// L aS cc�aV Date: Il l�f &I I I I i EEO COMPLIANCE DOCUMENTS - I EXHIBIT A I I For 2013 Water Quality Monitoring Lakes i Fenwick and Meridian i March 3,2013 i Prepared for: City of Vent Prepared by: Tetra Tech,Inc. 1420 St Avenue, Suite 550 Seattle,WA 98101 Attn: Ilarry Gibbons 206.838.6261 Scope Overview The City of Dent with the aid of'I'etra Teeh(Tt)has been monitoring the environmental conditions at Lake Fenwick and Lake Meridian, The following scope of work for 2013 is a continuation of the monitoring efforts performed since 2006, The scope of work ! describes the specific activities that Tt will perform in order to aid the City's continued effort to collect water quality data from its lakes for 2013. The primary goals of this project are to; 1) Continue to collect baseline data for annual assessment of the lakes' environmental health and to provide a long-term database for potential management decisions in the firture, and 2)Provide compliance monitoring data for Lake Fenwick in support of the current TMDL listing for phosphorus. Therefore, the specific objective of this scope of work is to collect data from each of the two lakes on phosphorus, temperature, dissolved oxygen(DO),pH, Secolu disk, chlorophyll a (chl a), and phytoplankton Additionally, sampling at 2 public beaches will be conducted on Lake Meridian. The collected dataset will be summarized and a detailed assessment made as to the overall condition of the lakes for 2013. A specific scope of work is outlined below. Cost estanates for these tasks are included, This scope of work is for the cost associated with the collection of the samples only and does not reflect any laboratory analysis It is assumed that all laboratory analysis will be paid for in full by the City, 'transporting of the samples to the appropriate laboratory will be provided by Tt and is included within this estimate. Allowing the City to directly pay for the laboratory analysis is expected to save the City in direct fixed costs associated with the monitoring of the proposed sites. i i Detailed Work Tasks: i Task i; Project Management 1 A Tt will prepare monthly invoicing. 1.2 Tt will perform monthly QAiQC analysis of field and laboratory data to ensure the on-going validity of the collected data. i Deliverables: • Monthly invoices Task 2: Monitoring Described below are the specific sampling tasks that will occur during the 2013 monitoring period. Sampling events will occur on or approximately on the following dates: ! ]bray-15 June-12 July- 11 August-6 September-10 October- 15 November- 13 The following tasks will be performed dining each sampling event: Lake Meridian Monitorm During each sampling event listed above water quality samples will be taken at the deepest point of the lake at a depth of I meter below the lake j snif'ace. The water sample will be analyzed for TP (total phosphorus), chi a, and phytoplankton. Water hauspareney will be determined with a Seechi disc on each sampling occasion. DO, pH, and temperature will be determined at meter depth intervals on each sampling date. On one sampling event,in September, additional samples will be collected for TP and chi a analysis at mid depth and 0.5 meter above bottom sediments, Lake Fenwick Monitoring In-lake activities at Lake Fenwick will include water quality samples taken during each sampling event listed above at the deepest point of the lake at a depth of 1 meter below the lake surface and 0 5 meters above bottom sediments fer'l? and chi a. Additionally, phytoplanldon will be collected at 1 meter below the lake surface once per month on the proposed sampling dates Water transparency will be determined with a Seochi disc on each sampling occasion. DO,pH, and temperature will be determined at meter depth inteivals on each sampling date. I i I City of Kent i Fenwick Wetland Monitorm Lake level will be monitored in the wetland outflow area or lake inlet station with a datalogger, The outflow from the wetland is Lake Fenvvick'e largest inflow source other than direct precipitation, I Lake Meridian Swimming Beaches As continuation from previous monitoring efforts,Fecal Coliform(FC) samples will be obtained from two designated sampling locations within the swaramog area at Lake Meridian,The events will coincide with designated sampling dates in late July through early September(July 1 Is',August 61% and September IO).A total of 6 FC samples will be collected and analyzed. Assumptions: • Laboratory testing will be performed at Aquatic Research, Inc, and will be paid for directly by the City. Pbytoplankton samples will be analyzed at Water Environmental Services, Inc, and will be paid for directly by the City, Tt will be responsible for tiansporting the samples to the laboratories mentioned above. Tt will provide QA/QC of the results from samples delivered. i Deliverables: e Water quality data collected during the sampling events listed in Task 4 will be sent to the city in hard copy and electronic form (Included within Monitoring Report) Task 3: Lake PemvickMacrophyte Survey The introduction of grass carp into Lake Fenwick to control invasive aquatic plant growth occurred in 2009. To document the effectiveness of grass carp, a detailed survey for mapping and assessment of grass carp impact on macrophytes will be conducted in ! August A "Trimble PioXH GPS Receiver will be used to map the spatial extent of macrophytes within Lake Fenwick• Species type and abundance V ill be recorded. The ' results of the survey, the comparison, and detailed mapping of the macrophytes will be sure natized in the technical memorandum detailed in Task 4, Deliverables: • CIS Shapefiles of macrophyte mapping Taste 4: Water Quality Technical Memorandum To determine if water quality trends exist, a technical memorandum presenting the data in tabular and graphical form will be prepared. An assessment of the water quality for 2013 for the sites listed in 'Task 2 and 3 will be included in this memorandum. Water quality and phytoplankton data fro n 2013 will be assessed in the context of similar monitoring data from 2006 through 2012 to determine if trends exist. This assessment will highlight observations and conclusions learned from previous monitoring results and focus on the interrelationships between water quality 3 Tetra Tech,Inc, i City of Kent parameters and phytoplanlctonproduction and species community structure. It will also identify potential environmental risks to water quality or problems that require management response for each lake. Deliverables: • Technical memorandum presenting the data in tabular and graphical form and relative assessment oC water quality for 2013 will be prepared.The memorandum will include data collected by Tt.Two hard copies and one compact disk will be submitted, i I Task 5: Record Water Levels Teta a Tech will place and maintain data loggers to collect information on temperature and water levels at the inlet to Lake Fenwick(outlet of the wetland)and outlet channel from the lake,to determined flow. Also, lake level will be recorded at Park Dock. Data will be downloaded at the time of sampling and recorded for water, TP budgets and modeling Deliverables: • Hourly water level data for lake,inlet and outlet I I I I 4 Tetra Tech,Inc. i i I TETILi'I'ECIt,INC.-Surfoc¢Walet Group Fee Estimate lIf i CLTVOFKENT WATER QUALITY NIONITORING FEE ESTI,NIATF, i I Emmonnt Fold ' Punmpal ProJect enrol Iecbmman' Admen Tolal Totnl ln6or S416ah\I Smcahst un eneor +SnP110rt Hoare wah OH , Dirccl Labor+OR+pmSt+ $2210fi E16520 $10422 S71•d4 $7130 J01 ffi" k DOSC(fl}t1011 ' 1 PWIC0l-mm,ngrmmlt 8 B $1,311 59 2 Mamtoneg 2 8 130 140 $11.,102 S7 3 Lakeb imck Maomplote8mvey 4 12 16 $L14629 4 lcclmoel Memorandum 4 8 24 B 2 46 $5,42446 5 Co9eco Watart cveis -1 4 10 10 24 S2,421 39 Total L.,bm l0 28 34 160 2 t 234 $22,016.30 +Pleme l Clear to the l ate u1ble below to) Pm MATERIALS 1 D<scvphmt Uffi Umt Cosl Queabty Cost Nates Hycuonb day $8000 7 $56000 Seccht Disk day S500 7 $35 to Boet Rental day $5000 7 $35C 00 Data Remdets fonvater level month $2500 21 $52500 t GPS Rental day Sll000 I SII000 ' TOTAL MATERIALS. S7,5fl00D RVRODUCCION Desnphoa Un0 Uml Cost Quaahly Cost Notes _ Monnormg repo¢and teclmoalm loos I Pg 1 $009 1 500 1 S4500 TOTAL.REPRO $45 OD TRAVEL Devcupnpn Um' Und Cost Q+mri+Iy Cost Notes Mileage miles SO 550 750 541250 QSAmdeaga rniu TOTALTRAVEL S41250 TOTALCOST: S24,05380 i I i li Labor Rate Table mark-up i LabaY 'Staffftabn Class DJR (overhead) Rate Harry GibbonsfPnvcipaIScwntist 7131 31 $22106 Robert Plot mkofflPro3cot Scientist 5329 i 31 • $16520 Shannon Brattebo/Envuonmantat Hngmeer -• 3362 3 I - -$104 22 Adam Haines/Field Teohmctun'^+ 2852 31 ? $ 8841 Jessica BbzacdTicld Tcchnman*+ 1900 31 i $ 5890 Rome Vandcrmnuse/(Meld Tachmaan" 2200 3,t $ 6820 Den no ThtellAdmm Support 23.00 3 t 1 $ 7130 !+*P old Technaan rate of$71 84 bteuded between Adam,Jessicn,and Renee,use two of three on a given date i i I i i EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance i 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, hired 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. The City shall be named as an Additional 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 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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. EXHIBIT (Continued) 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 mad, 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 Lability) 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 ANII. 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 Consultant 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 QATE(0.1MIODIrYYYj �,4_:C.AR1I.:l p;ItG2Gi3 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(SI, AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER °lq IMPORTANT If the norllflcate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not Confer rights to the ,°—�' certificate holder in Ilau Of such endomement(s) w PRODUCER CONTACT D ADD Risk Insurance Services West, Inc PILL NAME Las AngelEs C4 Office Nc in (D6D) 283-7122 (No NI (842) 353-5390 707 WT lshire Boulevard ESAAAL Suite 2600 ADDRESS Iq Los Angeles CA 90017-0460 USA INSURER(SJ Af-FORDING COVERAGE HAD I1,511RE0 INSURERA National Union Pere ins Co o4 Pittsburgh 19445 Tetra Tech, Inc INSURER T 1420 Sth Avenue, suite 550 nsurance co of the state of PA 19429 Seattle WA 98101 USA INSURER INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 570049636291 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSJED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWIHASTANDINU ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMFNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORUED 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 Lnmts shown are as re uesteDI Ed POLICY EF INUd L TYPEOPINSURANCE POLICY NIYABEft B y PMrONYLYTV ins LIMITS GENERAL LIABILITY GL 91 EACH OCCURREHCF $2,000,000 X COMMERCUL GENERAL L1A814nY I $1,000,000 PREM15E5 Ee ocrvnrcnce GLAIMSM,ADE OCCUR MED IXP(Any euu pnrr<e} $10,000 X $CU Coverage PERSONAL 6 RUV INJURY $2,000,000 ,^r� GENERAL AGGRF.GAt'E $4,00 ,000 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS GOnIPJOPAGG $4,000.000 POLICY X PRO- X LOU h A AUTOMOBILE LIABILITY CA 5 To Tr74—U777=T6767= COM DINE DSINGLE LIMIT $1,000,000 £oec dent X ANYAUTO BODILY INJURY{Perpersm} Z ALL OWNED SCHEDULED BODILY INJURY uersenVnn W AUTOS AUTOS X HIPEOAUTOS X NOIWWNED PROPERTY DAMAGE AUTOS (Per eccdent C N UAHINLLALIAB HOCCUR EACHOCCURRENCE C5 E%CEEB LIAR CLNMS MADE AGGREGATE OED RETENTION B WORKERS COMPENSATION AND WC35896545 10/01/2012 10 01 2013 X WC STATU JOINT B EMPLOYBRS'LIABiLITY YIN WC35896S42 10/01/201210/01/2013 TORY LIMITS EH _ ANYPROPRIETOR/PARTNER teXECUTNE EL LACHACCIVENT $1,000,000 B OFFICERIMEMBER"OLUDEw N NIA 1,VC35896543 10/01/2012 10/01/2013 (mandiD,ip NH) EL DISEASE-EA EMPLOYEE $1,000,000 Ryyes deatnbo under -- oESLRiPDONOFOPERADONSEdoN EL pISEASE-POLICY LIMJI $1,000,OW A DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES LAklaCll ACORD tOi,Addillpnai Rammka SchedWo.H more space Is natured) UPro)ect Start Date 04/22/13, 2013 Kent Lakes Monitoring Clty of Kent is included as Additional insured in accordance with the policy provisions of the General Liability and Automobile $r Liability policies General Liabtlity and Automobile Liability policies evidenced herein are Primary and Non-Contributory to wj other insurance available to city 0 Kent, but only in accordance with the policy's provisions should General Liability, Automobile Liability and 'Workers Compensariort policies be cancelled before the expiration date thereof, the policy provisions will govern haw notice of cancellation may be delivered to certificate holders in accordance with the policy provisions Stop Gap coverage for the following states oil, No, WA, BY Is_ 4- CERTIFICATE HOLDER CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVI6IONS - City of Kent AUTHORIZEDREPRESENTATIVE Attn• Timothy, 1. LaPa rte, P E ^y/��� y��y �r{,'J y�rT Ken Fourth 98 Avenue South %LlOPY✓?KY6t1E?tdS V ;yid a19t1A Kent WA 98032 USA 401988-2010 ACORD CORPORATION All rights reserved j ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD , ENDORSEMENT This endorsement, effective 12.01 A.M 10101/2012 forms a part of i policy No.GL 2491933 i 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 LIARILITY 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 If - 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 affect 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 Imits 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 those Premises. 2. The insurance afforded to those additional insureds under Paragraph LBA does not apply to structural alterations, new construction or demolition operations performed by or for that person or organization. C, CO-OWNER OR INSURED PREMISES I A Co-owner of insured premises ea-owned by you and covered by this Insurance but only with respect to their liability as co-owner of the premises. 1009$3 (2/09) Page 1 of 7 i i I D. LESSOR OF LEASED 12QUIPMENT 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 tossed to you by Such personis) or organizationis) 2. With respect to the insurance afforded to these additional insureds under Paragraph LDA, 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, now 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 sruotural 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 "proparty damage" occurring after: 11) all work,Including materials, parts or equipment furnished In connection with such work, an the project (other then service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) has been completed; or, (21 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 subconhkiutor angagod in performing operations for a principal as a part of the sane project, i 100983 (2/09) Page 2 of 7 I 1. STATE OR POLITICAL.SUBDIVISION - PERMITS j Any State or Political Subdivision, subject to the following provisions: 1. This insurance applies only with respect to opemtions performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. 'Bodily injury,' "property damage" or" personal and advertising injury" arising out of operations performed for the state or municipality; or b. "Bodily injury" or "property damage" included within the "products- completed operations hazard". II. 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 fit 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 parson or organization we have added to this policy as an additional insurad 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-oomPlated 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 Ill, INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE SECTION Il - WHO IS AN INSURED, 2. a. (7) (d) is deleted in Its entirety and replaced With the following- (it) 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 negllgent professional healthcare service, which will be assignable to the same policy and policy year in which the originating act occurred. SECTION V- DEFINITIONS -is amended to add: "Incidental Medical Malpraotice Injury" means "Bodily Injury" arising out of the rendering of or failure to render the following services: 100983(2109) Page 3 of 7 I 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 j appliances. The Coverage provided by this endoraornant does not apply to you or any insured if you are engaged in the business or occupation of providing any of the services described In the definition of "Incidental Medical Malpractice Injury". IV, JOINT VENTURES 1 PARTNERSHIPS I LIMITED LIABILITY COMPANIES The paragraph under SECTION 11-WHO IS AN INSURED which states: No person or organization is an insured with rospeet to the conduct of any current or past partnership, Joint venture or limited liability company that Is not shown as a Named Insured in the Declarations. Is hereby deleted and replaced with the following; No person or organization, other than you, is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured In the Declarations, Coverage under this policy, however,will not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company. V. SUPPLEMENTARY PAYMENTS Under SECTION I -SUPPLEMENTARY PAYMENTS- COVERAGES A AND B, Paragraph 1.b., is deleted In its entirety and replared with the following: b.. Up to M600 for cost of ball 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 riot 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 unlntentlonal 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, VIII. 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: i I 100983 (2109) Page 4 of 7 i - i 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 equivafent title) or his/her designee will have received such notice. To the extent possable nogeo should include: (1) Wow, 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. I IX. AMENDMENT OF EXPECTED OR INTENDED INJURY EXCLUSION SECTION I - COVERAGES, COVERAGE A - 130DILY INJURY AND PROPERTY DAMAGE LIABILITY, Z ' 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 (t) operations performed within 50 feet of railroad property and (II) for which a Railroad Protective Liability Policy in the name of the railroad has been provided, then A. SECTION V-DEFINITIONS, Paragraph 9, is deleted in its entirety and replaced with the following: I 9, "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; e. 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. Tart liability means a liability that would be Imposed by law in the absence of any contract or agreement, Paragraph I. does net Include that part of any contract or agreement; (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of; i la) Preparing, approving or failing to prepare or approve maps, shop j drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or I00983(2109) Page 5 of 7 i it (b) Giving directions or instructions, or failing to give thorn, if that is the primary oause 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 8. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. - Other insurance, Is. Excess Insurance, (1) (a), is amended to include the following: (v) That is a Railroad protective Insurance Policy or similar coverage, Xl. COVERAGE FOR YOUR SUPERVISORY OR MANAGERIAL EMPLOYEES RELATING TO CO- EMPLOYEE INJURIES SECTION II -WHO IS AN INSURED, 2-a. (1),la) and (b)are clarified to hold that: Your supervisory or managerial "employees" are hisureds for "bodily injury" to "cc- employees" while in the course of their employment or performing duties related to the conduct of your business if claims or suns 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, 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 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 h) such other insurance is specifically purchased to apply as excess of this policy, or (if) 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. 8ECT10N 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 "sulV that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will he entitled to the insured's rights against all those other insurers. XIV. AMENDMENT AGGREGATE LIMITS PER PROJECT A. For all sutras 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 U, which can be attributed only to ongoing operations at a single designated construction project: t 100983(2/09) Pago 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 Protect General Aggregate Limit is the most we will pay for the sum of fi} all damages under COVERAGE A, except damages Because of "bodily injury" or "property darnage" included in the "products-completed operations hazard", (11) all damages under COVERAGE B and (id) all medical expenses under COVERAGE C regardless of the number of, a. Insureds; b. Claims made or"suits"brought;or a. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A or B for damages or under COVERAGE C for wedicat 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 protect covered under this policy. 8. The limits shown in the Declarations for Each Occurrence, hire 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 b000mes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), offenses under COVERAGE S (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 shalt reduce the amount available under the General Aggregate Limn 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 fnjury" or "property damage" included In the "products completed operations hazard" will reduce the Products- Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D, If the applicable construction project has been abandoned, delayed, or abandoned and j then restarted, or if the authorized contracting parties deviate from plans, blueprints, dostgns, specifications or timetables, the project will still be deemed to be the some construction project. E. The provisions of Limits of Insurance (SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated. I 100983 (2109) ('ago 7 of 7 I i ENDORSEMENT This endorsement, effective 12.01 A.M. 1 0/01120 1 2 forms a part of policy No.CA 5101654 i i by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifles insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: WHERE REQUIRED BY WRITTEN CONTRACT i L SECTION If -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: i1) The coverage andlor limits of this policy, or (2) The coverage and/or limits required by said contract or agreement, i i I I 87950 (10105) Page 1 of 1 I i �I T Agenda Item: Consent Calendar - 7E NISNINGL pN I TO: City Council DATE: May 7, 2013 SUB3ECT: Tetra Tech, Inc. 2013 Lakes Monitoring Contract - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Tetra Tech, Inc, In an amount not to exceed $24,053,80 to monitor and analyze surface water quality conditions and aquatic weeds in Lake Fenwick and Lake Meridian during 2013, sub?ect to final terms and conditions acceptable to the City Attorney and the Public Works Director, SUMMARY: Lake Fenwick and Lake Meridian are listed on the "303d list" (the nation's list of"impaired waters" compiled by the State Department of Ecology and the Environmental Protection Agency) for a number of water quality parameters. The City has enacted measures to improve water quality at both lakes including educating residents about ways to reduce polluted runoff (e,g. natural yard care and car washing), and in the case of Lake Fenwick, installing an in-lake aeration system and introducing weed-eating fish (Grass Carp) to reduce non-native aquatic plants. More improvements are proposed in the near future including increasing the capabilities of the aeration system and treating Lake Fenwick with non-toxic, algae- inhibiting chemicals. This contract will assist staff by providing the expert help and specialized equipment and testing necessary to assess lake conditions. Information will be used to quantify improvements to water quality and to ensure safe conditions for swimming and fishing. i EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: No additional unbudgeted funds will be required. The contract will be paid through the Stormwater Utility Fund. i i i REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Re 4 o Originator's Name: Matt Knox Dept/Div. Englneeri g/Environmental Extension: 5551 Date Sent: 5/8/13 Date Required: 5/15/13 Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 3/31/14 VENDOR: Tetra Tech, Inc. DATE OF COUNCIL APPROVAL: 5/7/13 ATTACH THE COUNCIL MOTION SHEET FOR THE_ MAYOR - if applicable Brief Explanation of Document: The attached agreement is for Tetra Tech to monitor environmental conditions at Lake Fenwick and Lake Meridian. For additional information see the attNO ncil motion sheet. � MAY ag2013 e o�t e MaYOT O c All Contracts Must Be Routed Through The taw Department (This area to be completed by the Law Department)s Received: f\/ L) o In �S �• Approval of Law Dept.; MP 0 8 2013 Law Dept. Comments; KENT LAW DR Date Forwarded to Mayor: 5 —+ 1 Shaded Areas To Be Completed By Administration Staff ["� Received: Recommendations and Comments: �/ MQY Disposition: // 12V �f y C O RNT Date Returned: